Платформа ЦРНП "Мирокод" для разработки проектов
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258 lines
14 KiB
258 lines
14 KiB
Eclipse Public License - v 2.0 |
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC |
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM |
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. |
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1. DEFINITIONS |
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"Contribution" means: |
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a) in the case of the initial Contributor, the initial content Distributed |
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under this Agreement, and |
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b) in the case of each subsequent Contributor: |
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i) changes to the Program, and |
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ii) additions to the Program; |
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where such changes and/or additions to the Program originate from and are |
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Distributed by that particular Contributor. A Contribution "originates" from |
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a Contributor if it was added to the Program by such Contributor itself or |
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anyone acting on such Contributor's behalf. Contributions do not include changes |
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or additions to the Program that are not Modified Works. |
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"Contributor" means any person or entity that Distributes the Program. |
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"Licensed Patents" mean patent claims licensable by a Contributor which are |
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necessarily infringed by the use or sale of its Contribution alone or when |
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combined with the Program. |
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"Program" means the Contributions Distributed in accordance with this Agreement. |
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"Recipient" means anyone who receives the Program under this Agreement or |
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any Secondary License (as applicable), including Contributors. |
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"Derivative Works" shall mean any work, whether in Source Code or other form, |
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that is based on (or derived from) the Program and for which the editorial |
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revisions, annotations, elaborations, or other modifications represent, as |
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a whole, an original work of authorship. |
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"Modified Works" shall mean any work in Source Code or other form that results |
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from an addition to, deletion from, or modification of the contents of the |
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Program, including, for purposes of clarity any new file in Source Code form |
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that contains any contents of the Program. Modified Works shall not include |
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works that contain only declarations, interfaces, types, classes, structures, |
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or files of the Program solely in each case in order to link to, bind by name, |
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or subclass the Program or Modified Works thereof. |
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"Distribute" means the acts of a) distributing or b) making available in any |
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manner that enables the transfer of a copy. |
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"Source Code" means the form of a Program preferred for making modifications, |
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including but not limited to software source code, documentation source, and |
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configuration files. |
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"Secondary License" means either the GNU General Public License, Version 2.0, |
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or any later versions of that license, including any exceptions or additional |
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permissions as identified by the initial Contributor. |
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2. GRANT OF RIGHTS |
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a) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, |
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prepare Derivative Works of, publicly display, publicly perform, Distribute |
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and sublicense the Contribution of such Contributor, if any, and such Derivative |
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Works. |
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b) Subject to the terms of this Agreement, each Contributor hereby grants |
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Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
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Patents to make, use, sell, offer to sell, import and otherwise transfer the |
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Contribution of such Contributor, if any, in Source Code or other form. This |
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patent license shall apply to the combination of the Contribution and the |
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Program if, at the time the Contribution is added by the Contributor, such |
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addition of the Contribution causes such combination to be covered by the |
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Licensed Patents. The patent license shall not apply to any other combinations |
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which include the Contribution. No hardware per se is licensed hereunder. |
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c) Recipient understands that although each Contributor grants the licenses |
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to its Contributions set forth herein, no assurances are provided by any Contributor |
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that the Program does not infringe the patent or other intellectual property |
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rights of any other entity. Each Contributor disclaims any liability to Recipient |
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for claims brought by any other entity based on infringement of intellectual |
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property rights or otherwise. As a condition to exercising the rights and |
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licenses granted hereunder, each Recipient hereby assumes sole responsibility |
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to secure any other intellectual property rights needed, if any. For example, |
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if a third party patent license is required to allow Recipient to Distribute |
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the Program, it is Recipient's responsibility to acquire that license before |
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distributing the Program. |
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d) Each Contributor represents that to its knowledge it has sufficient copyright |
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rights in its Contribution, if any, to grant the copyright license set forth |
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in this Agreement. |
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e) Notwithstanding the terms of any Secondary License, no Contributor makes |
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additional grants to any Recipient (other than those set forth in this Agreement) |
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as a result of such Recipient's receipt of the Program under the terms of |
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a Secondary License (if permitted under the terms of Section 3). |
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3. REQUIREMENTS |
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3.1 If a Contributor Distributes the Program in any form, then: |
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a) the Program must also be made available as Source Code, in accordance with |
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section 3.2, and the Contributor must accompany the Program with a statement |
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that the Source Code for the Program is available under this Agreement, and |
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informs Recipients how to obtain it in a reasonable manner on or through a |
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medium customarily used for software exchange; and |
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b) the Contributor may Distribute the Program under a license different than |
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this Agreement, provided that such license: |
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i) effectively disclaims on behalf of all other Contributors all warranties |
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and conditions, express and implied, including warranties or conditions of |
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title and non-infringement, and implied warranties or conditions of merchantability |
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and fitness for a particular purpose; |
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ii) effectively excludes on behalf of all other Contributors all liability |
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for damages, including direct, indirect, special, incidental and consequential |
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damages, such as lost profits; |
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iii) does not attempt to limit or alter the recipients' rights in the Source |
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Code under section 3.2; and |
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iv) requires any subsequent distribution of the Program by any party to be |
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under a license that satisfies the requirements of this section 3. |
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3.2 When the Program is Distributed as Source Code: |
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a) it must be made available under this Agreement, or if the Program (i) is |
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combined with other material in a separate file or files made available under |
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a Secondary License, and (ii) the initial Contributor attached to the Source |
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Code the notice described in Exhibit A of this Agreement, then the Program |
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may be made available under the terms of such Secondary Licenses, and |
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b) a copy of this Agreement must be included with each copy of the Program. |
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3.3 Contributors may not remove or alter any copyright, patent, trademark, |
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attribution notices, disclaimers of warranty, or limitations of liability |
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("notices") contained within the Program from any copy of the Program which |
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they Distribute, provided that Contributors may add their own appropriate |
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notices. |
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4. COMMERCIAL DISTRIBUTION |
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Commercial distributors of software may accept certain responsibilities with |
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respect to end users, business partners and the like. While this license is |
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intended to facilitate the commercial use of the Program, the Contributor |
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who includes the Program in a commercial product offering should do so in |
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a manner which does not create potential liability for other Contributors. |
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Therefore, if a Contributor includes the Program in a commercial product offering, |
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such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
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every other Contributor ("Indemnified Contributor") against any losses, damages |
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and costs (collectively "Losses") arising from claims, lawsuits and other |
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legal actions brought by a third party against the Indemnified Contributor |
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to the extent caused by the acts or omissions of such Commercial Contributor |
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in connection with its distribution of the Program in a commercial product |
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offering. The obligations in this section do not apply to any claims or Losses |
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relating to any actual or alleged intellectual property infringement. In order |
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to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
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Contributor in writing of such claim, and b) allow the Commercial Contributor |
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to control, and cooperate with the Commercial Contributor in, the defense |
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and any related settlement negotiations. The Indemnified Contributor may participate |
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in any such claim at its own expense. |
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For example, a Contributor might include the Program in a commercial product |
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offering, Product X. That Contributor is then a Commercial Contributor. If |
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that Commercial Contributor then makes performance claims, or offers warranties |
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related to Product X, those performance claims and warranties are such Commercial |
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Contributor's responsibility alone. Under this section, the Commercial Contributor |
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would have to defend claims against the other Contributors related to those |
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performance claims and warranties, and if a court requires any other Contributor |
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to pay any damages as a result, the Commercial Contributor must pay those |
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damages. |
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5. NO WARRANTY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED |
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BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES |
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OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, |
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ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR |
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FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for |
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determining the appropriateness of using and distributing the Program and |
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assumes all risks associated with its exercise of rights under this Agreement, |
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including but not limited to the risks and costs of program errors, compliance |
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with applicable laws, damage to or loss of data, programs or equipment, and |
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unavailability or interruption of operations. |
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6. DISCLAIMER OF LIABILITY |
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED |
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BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY |
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FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL |
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DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON |
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING |
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NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION |
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OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED |
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OF THE POSSIBILITY OF SUCH DAMAGES. |
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7. GENERAL |
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If any provision of this Agreement is invalid or unenforceable under applicable |
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law, it shall not affect the validity or enforceability of the remainder of |
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the terms of this Agreement, and without further action by the parties hereto, |
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such provision shall be reformed to the minimum extent necessary to make such |
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provision valid and enforceable. |
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If Recipient institutes patent litigation against any entity (including a |
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cross-claim or counterclaim in a lawsuit) alleging that the Program itself |
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(excluding combinations of the Program with other software or hardware) infringes |
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such Recipient's patent(s), then such Recipient's rights granted under Section |
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2(b) shall terminate as of the date such litigation is filed. |
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All Recipient's rights under this Agreement shall terminate if it fails to |
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comply with any of the material terms or conditions of this Agreement and |
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does not cure such failure in a reasonable period of time after becoming aware |
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of such noncompliance. If all Recipient's rights under this Agreement terminate, |
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Recipient agrees to cease use and distribution of the Program as soon as reasonably |
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practicable. However, Recipient's obligations under this Agreement and any |
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licenses granted by Recipient relating to the Program shall continue and survive. |
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Everyone is permitted to copy and distribute copies of this Agreement, but |
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in order to avoid inconsistency the Agreement is copyrighted and may only |
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be modified in the following manner. The Agreement Steward reserves the right |
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to publish new versions (including revisions) of this Agreement from time |
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to time. No one other than the Agreement Steward has the right to modify this |
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Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse |
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Foundation may assign the responsibility to serve as the Agreement Steward |
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to a suitable separate entity. Each new version of the Agreement will be given |
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a distinguishing version number. The Program (including Contributions) may |
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always be Distributed subject to the version of the Agreement under which |
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it was received. In addition, after a new version of the Agreement is published, |
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Contributor may elect to Distribute the Program (including its Contributions) |
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under the new version. |
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Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives |
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no rights or licenses to the intellectual property of any Contributor under |
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this Agreement, whether expressly, by implication, estoppel or otherwise. |
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All rights in the Program not expressly granted under this Agreement are reserved. |
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Nothing in this Agreement is intended to be enforceable by any entity that |
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is not a Contributor or Recipient. No third-party beneficiary rights are created |
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under this Agreement. |
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Exhibit A - Form of Secondary Licenses Notice |
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"This Source Code may also be made available under the following Secondary |
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Licenses when the conditions for such availability set forth in the Eclipse |
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Public License, v. 2.0 are satisfied: {name license(s), version(s), and exceptions |
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or additional permissions here}." |
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Simply including a copy of this Agreement, including this Exhibit A is not |
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sufficient to license the Source Code under Secondary Licenses. |
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If it is not possible or desirable to put the notice in a particular file, |
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then You may include the notice in a location (such as a LICENSE file in a |
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relevant directory) where a recipient would be likely to look for such a notice. |
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You may add additional accurate notices of copyright ownership.
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