@opendataloader/pdf 0.0.0

This diff represents the content of publicly available package versions that have been released to one of the supported registries. The information contained in this diff is provided for informational purposes only and reflects changes between package versions as they appear in their respective public registries.
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+ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
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+ ==============================================================
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+
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+ 1. Definitions.
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+
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+ 1.1. “Contributor” means each individual or entity that creates or contributes
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+ to the creation of Modifications.
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+
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+ 1.2. “Contributor Version” means the combination of the Original Software,
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+ prior Modifications used by a Contributor (if any), and the Modifications made
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+ by that particular Contributor.
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+
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+ 1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
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+ or (c) the combination of files containing Original Software with files
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+ containing Modifications, in each case including portions thereof.
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+
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+ 1.4. “Executable” means the Covered Software in any form other than Source
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+ Code.
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+
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+ 1.5. “Initial Developer” means the individual or entity that first makes
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+ Original Software available under this License.
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+
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+ 1.6. “Larger Work” means a work which combines Covered Software or portions
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+ thereof with code not governed by the terms of this License.
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+
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+ 1.7. “License” means this document.
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+
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+ 1.8. “Licensable” means having the right to grant, to the maximum extent
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+ possible, whether at the time of the initial grant or subsequently acquired,
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+ any and all of the rights conveyed herein.
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+
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+ 1.9. “Modifications” means the Source Code and Executable form of any of the
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+ following:
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+
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+ A. Any file that results from an addition to, deletion from or modification
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+ of the contents of a file containing Original Software or previous
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+ Modifications;
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+
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+ B. Any new file that contains any part of the Original Software or previous
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+ Modification; or
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+
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+ C. Any new file that is contributed or otherwise made available under the
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+ terms of this License.
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+
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+
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+ 1.10. “Original Software” means the Source Code and Executable form of computer
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+ software code that is originally released under this License.
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+
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+ 1.11. “Patent Claims” means any patent claim(s), now owned or hereafter
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+ acquired, including without limitation, method, process, and apparatus claims,
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+ in any patent Licensable by grantor.
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+
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+ 1.12. “Source Code” means (a) the common form of computer software code in
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+ which modifications are made and (b) associated documentation included in or
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+ with such code.
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+
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+ 1.13. “You” (or “Your”) means an individual or a legal entity exercising rights
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+ under, and complying with all of the terms of, this License. For legal
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+ entities, “You” includes any entity which controls, is controlled by, or is
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+ under common control with You. For purposes of this definition, “control” means
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+ (a) the power, direct or indirect, to cause the direction or management of such
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+ entity, whether by contract or otherwise, or (b) ownership of more than fifty
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+ percent (50%) of the outstanding shares or beneficial ownership of such entity.
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+
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+ 2. License Grants.
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+
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+ 2.1. The Initial Developer Grant.
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+
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+ Conditioned upon Your compliance with Section 3.1 below and subject to third
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+ party intellectual property claims, the Initial Developer hereby grants You a
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+ world-wide, royalty-free, non-exclusive license:
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+
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+ (a) under intellectual property rights (other than patent or trademark)
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+ Licensable by Initial Developer, to use, reproduce, modify, display, perform,
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+ sublicense and distribute the Original Software (or portions thereof), with
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+ or without Modifications, and/or as part of a Larger Work; and
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+
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+ (b) under Patent Claims infringed by the making, using or selling of Original
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+ Software, to make, have made, use, practice, sell, and offer for sale, and/or
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+ otherwise dispose of the Original Software (or portions thereof).
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+
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+ (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
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+ Initial Developer first distributes or otherwise makes the Original Software
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+ available to a third party under the terms of this License.
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+
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+ (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
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+ for code that You delete from the Original Software, or (2) for infringements
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+ caused by: (i) the modification of the Original Software, or (ii) the
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+ combination of the Original Software with other software or devices.
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+
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+
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+ 2.2. Contributor Grant.
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+
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+ Conditioned upon Your compliance with Section 3.1 below and subject to third
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+ party intellectual property claims, each Contributor hereby grants You a
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+ world-wide, royalty-free, non-exclusive license:
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+
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+ (a) under intellectual property rights (other than patent or trademark)
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+ Licensable by Contributor to use, reproduce, modify, display, perform,
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+ sublicense and distribute the Modifications created by such Contributor (or
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+ portions thereof), either on an unmodified basis, with other Modifications,
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+ as Covered Software and/or as part of a Larger Work; and
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+
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+ (b) under Patent Claims infringed by the making, using, or selling of
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+ Modifications made by that Contributor either alone and/or in combination
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+ with its Contributor Version (or portions of such combination), to make, use,
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+ sell, offer for sale, have made, and/or otherwise dispose of: (1)
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+ Modifications made by that Contributor (or portions thereof); and (2) the
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+ combination of Modifications made by that Contributor with its Contributor
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+ Version (or portions of such combination).
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+
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+ (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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+ date Contributor first distributes or otherwise makes the Modifications
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+ available to a third party.
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+
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+ (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
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+
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+ (1) for any code that Contributor has deleted from the Contributor Version;
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+
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+ (2) for infringements caused by: (i) third party modifications of
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+ Contributor Version, or (ii) the combination of Modifications made by that
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+ Contributor with other software (except as part of the Contributor Version)
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+ or other devices; or
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+
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+ (3) under Patent Claims infringed by Covered Software in the absence of
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+ Modifications made by that Contributor.
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+
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+
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+ 3. Distribution Obligations.
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+
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+ 3.1. Availability of Source Code.
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+
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+ Any Covered Software that You distribute or otherwise make available in
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+ Executable form must also be made available in Source Code form and that
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+ Source Code form must be distributed only under the terms of this License.
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+ You must include a copy of this License with every copy of the Source Code
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+ form of the Covered Software You distribute or otherwise make available. You
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+ must inform recipients of any such Covered Software in Executable form as to
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+ how they can obtain such Covered Software in Source Code form in a reasonable
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+ manner on or through a medium customarily used for software exchange.
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+
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+ 3.2. Modifications.
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+
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+ The Modifications that You create or to which You contribute are governed by
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+ the terms of this License. You represent that You believe Your Modifications
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+ are Your original creation(s) and/or You have sufficient rights to grant the
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+ rights conveyed by this License.
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+
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+ 3.3. Required Notices.
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+
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+ You must include a notice in each of Your Modifications that identifies You
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+ as the Contributor of the Modification. You may not remove or alter any
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+ copyright, patent or trademark notices contained within the Covered Software,
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+ or any notices of licensing or any descriptive text giving attribution to any
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+ Contributor or the Initial Developer.
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+
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+ 3.4. Application of Additional Terms.
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+
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+ You may not offer or impose any terms on any Covered Software in Source Code
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+ form that alters or restricts the applicable version of this License or the
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+ recipients' rights hereunder. You may choose to offer, and to charge a fee
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+ for, warranty, support, indemnity or liability obligations to one or more
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+ recipients of Covered Software. However, you may do so only on Your own
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+ behalf, and not on behalf of the Initial Developer or any Contributor. You
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+ must make it absolutely clear that any such warranty, support, indemnity or
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+ liability obligation is offered by You alone, and You hereby agree to
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+ indemnify the Initial Developer and every Contributor for any liability
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+ incurred by the Initial Developer or such Contributor as a result of
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+ warranty, support, indemnity or liability terms You offer.
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+
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+ 3.5. Distribution of Executable Versions.
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+
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+ You may distribute the Executable form of the Covered Software under the
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+ terms of this License or under the terms of a license of Your choice, which
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+ may contain terms different from this License, provided that You are in
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+ compliance with the terms of this License and that the license for the
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+ Executable form does not attempt to limit or alter the recipient's rights in
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+ the Source Code form from the rights set forth in this License. If You
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+ distribute the Covered Software in Executable form under a different license,
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+ You must make it absolutely clear that any terms which differ from this
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+ License are offered by You alone, not by the Initial Developer or
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+ Contributor. You hereby agree to indemnify the Initial Developer and every
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+ Contributor for any liability incurred by the Initial Developer or such
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+ Contributor as a result of any such terms You offer.
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+
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+ 3.6. Larger Works.
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+
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+ You may create a Larger Work by combining Covered Software with other code
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+ not governed by the terms of this License and distribute the Larger Work as a
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+ single product. In such a case, You must make sure the requirements of this
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+ License are fulfilled for the Covered Software.
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+
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+
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+ 4. Versions of the License.
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+
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+ 4.1. New Versions.
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+
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+ Oracle is the initial license steward and may publish revised and/or new
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+ versions of this License from time to time. Each version will be given a
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+ distinguishing version number. Except as provided in Section 4.3, no one
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+ other than the license steward has the right to modify this License.
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+
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+ 4.2. Effect of New Versions.
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+
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+ You may always continue to use, distribute or otherwise make the Covered
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+ Software available under the terms of the version of the License under which
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+ You originally received the Covered Software. If the Initial Developer
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+ includes a notice in the Original Software prohibiting it from being
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+ distributed or otherwise made available under any subsequent version of the
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+ License, You must distribute and make the Covered Software available under
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+ the terms of the version of the License under which You originally received
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+ the Covered Software. Otherwise, You may also choose to use, distribute or
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+ otherwise make the Covered Software available under the terms of any
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+ subsequent version of the License published by the license steward.
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+
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+ 4.3. Modified Versions.
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+
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+ When You are an Initial Developer and You want to create a new license for
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+ Your Original Software, You may create and use a modified version of this
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+ License if You: (a) rename the license and remove any references to the name
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+ of the license steward (except to note that the license differs from this
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+ License); and (b) otherwise make it clear that the license contains terms
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+ which differ from this License.
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+
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+
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+ 5. DISCLAIMER OF WARRANTY.
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+
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+ COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
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+ WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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+ LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
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+ MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
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+ AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
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+ ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
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+ DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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+ REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
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+ OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
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+ UNDER THIS DISCLAIMER.
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+
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+
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+
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+ 6. TERMINATION.
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+
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+ 6.1. This License and the rights granted hereunder will terminate
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+ automatically if You fail to comply with terms herein and fail to cure such
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+ breach within 30 days of becoming aware of the breach. Provisions which, by
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+ their nature, must remain in effect beyond the termination of this License
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+ shall survive.
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+
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+ 6.2. If You assert a patent infringement claim (excluding declaratory
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+ judgment actions) against Initial Developer or a Contributor (the Initial
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+ Developer or Contributor against whom You assert such claim is referred to as
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+ “Participant”) alleging that the Participant Software (meaning the
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+ Contributor Version where the Participant is a Contributor or the Original
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+ Software where the Participant is the Initial Developer) directly or
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+ indirectly infringes any patent, then any and all rights granted directly or
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+ indirectly to You by such Participant, the Initial Developer (if the Initial
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+ Developer is not the Participant) and all Contributors under Sections 2.1
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+ and/or 2.2 of this License shall, upon 60 days notice from Participant
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+ terminate prospectively and automatically at the expiration of such 60 day
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+ notice period, unless if within such 60 day period You withdraw Your claim
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+ with respect to the Participant Software against such Participant either
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+ unilaterally or pursuant to a written agreement with Participant.
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+
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+ 6.3. If You assert a patent infringement claim against Participant alleging
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+ that the Participant Software directly or indirectly infringes any patent
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+ where such claim is resolved (such as by license or settlement) prior to the
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+ initiation of patent infringement litigation, then the reasonable value of
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+ the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
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+ taken into account in determining the amount or value of any payment or
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+ license.
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+
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+ 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end
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+ user licenses that have been validly granted by You or any distributor
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+ hereunder prior to termination (excluding licenses granted to You by any
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+ distributor) shall survive termination.
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+
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+
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+ 7. LIMITATION OF LIABILITY.
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+
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+ UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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+ NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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+ OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
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+ ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
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+ INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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+ LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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+ MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
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+ PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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+ LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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+ INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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+ PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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+ LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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+ LIMITATION MAY NOT APPLY TO YOU.
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+
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+
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+
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+ 8. U.S. GOVERNMENT END USERS.
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+
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+ The Covered Software is a “commercial item,” as that term is defined in 48
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+ C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that
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+ term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer
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+ software documentation” as such terms are used in 48 C.F.R. 12.212 (Sept.
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+ 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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+ 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software
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+ with only those rights set forth herein. This U.S. Government Rights clause is
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+ in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision
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+ that addresses Government rights in computer software under this License.
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+
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+
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+
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+ 9. MISCELLANEOUS.
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+
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+ This License represents the complete agreement concerning subject matter
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+ hereof. If any provision of this License is held to be unenforceable, such
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+ provision shall be reformed only to the extent necessary to make it
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+ enforceable. This License shall be governed by the law of the jurisdiction
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+ specified in a notice contained within the Original Software (except to the
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+ extent applicable law, if any, provides otherwise), excluding such
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+ jurisdiction's conflict-of-law provisions. Any litigation relating to this
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+ License shall be subject to the jurisdiction of the courts located in the
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+ jurisdiction and venue specified in a notice contained within the Original
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+ Software, with the losing party responsible for costs, including, without
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+ limitation, court costs and reasonable attorneys' fees and expenses. The
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+ application of the United Nations Convention on Contracts for the International
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+ Sale of Goods is expressly excluded. Any law or regulation which provides that
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+ the language of a contract shall be construed against the drafter shall not
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+ apply to this License. You agree that You alone are responsible for compliance
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+ with the United States export administration regulations (and the export
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+ control laws and regulation of any other countries) when You use, distribute or
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+ otherwise make available any Covered Software.
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+
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+
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+
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+ 10. RESPONSIBILITY FOR CLAIMS.
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+
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+ As between Initial Developer and the Contributors, each party is responsible
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+ for claims and damages arising, directly or indirectly, out of its utilization
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+ of rights under this License and You agree to work with Initial Developer and
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+ Contributors to distribute such responsibility on an equitable basis. Nothing
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+ herein is intended or shall be deemed to constitute any admission of liability.
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+
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+
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+
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+ ------------------------------------------------------------------------------
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+
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+ NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
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+ (CDDL)
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+
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+ The code released under the CDDL shall be governed by the laws of the State of
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+ California (excluding conflict-of-law provisions). Any litigation relating to
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+ this License shall be subject to the jurisdiction of the Federal Courts of the
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+ Northern District of California and the state courts of the State of
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+ California, with venue lying in Santa Clara County, California.
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+ Eclipse Distribution License - v 1.0
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+ ====================================
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+
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+ Copyright (c) 2007, Eclipse Foundation, Inc. and its licensors.
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+
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+ All rights reserved.
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+
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+ Redistribution and use in source and binary forms, with or without modification,
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+ are permitted provided that the following conditions are met:
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+
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+ * Redistributions of source code must retain the above copyright notice, this
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+ list of conditions and the following disclaimer.
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+
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+ * Redistributions in binary form must reproduce the above copyright notice,
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+ this list of conditions and the following disclaimer in the documentation
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+ and/or other materials provided with the distribution.
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+
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+ * Neither the name of the Eclipse Foundation, Inc. nor the names of its
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+ contributors may be used to endorse or promote products derived from this
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+ software without specific prior written permission.
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+
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+ THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
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+ ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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+ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
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+ DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
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+ ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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+ (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
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+ OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
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+ 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 OF THIS SOFTWARE, EVEN
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+ IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
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+ Eclipse Public License - v 2.0
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+ ==============================
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+
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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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+
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+
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+ 1. DEFINITIONS
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+ --------------
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+
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+ “Contribution” means:
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+
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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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+
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+ i) changes to the Program, and
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+ ii) additions to the Program;
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+
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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 a
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+ Contributor if it was added to the Program by such Contributor itself or anyone
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+ acting on such Contributor's behalf. Contributions do not include changes or
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+ additions to the Program that are not Modified Works.
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+
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+ “Contributor” means any person or entity that Distributes the Program.
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+
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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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+
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+ “Program” means the Contributions Distributed in accordance with this Agreement.
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+
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+ “Recipient” means anyone who receives the Program under this Agreement or any
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+ Secondary License (as applicable), including Contributors.
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+
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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 a
41
+ whole, an original work of authorship.
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+
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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
45
+ Program, including, for purposes of clarity any new file in Source Code form that
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+ contains any contents of the Program. Modified Works shall not include works that
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+ contain only declarations, interfaces, types, classes, structures, or files of
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+ the Program solely in each case in order to link to, bind by name, or subclass
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+ the Program or Modified Works thereof.
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+
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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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+
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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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+
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+ “Secondary License” means either the GNU General Public License, Version 2.0, or
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+ 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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+
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+
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+ 2. GRANT OF RIGHTS
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+ ------------------
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+
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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
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+ reproduce, prepare Derivative Works of, publicly display, publicly perform,
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+ Distribute and sublicense the Contribution of such Contributor, if any, and
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+ such Derivative 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
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+ Licensed Patents to make, use, sell, offer to sell, import and otherwise
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+ transfer the Contribution of such Contributor, if any, in Source Code or other
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+ form. This patent license shall apply to the combination of the Contribution
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+ and the Program if, at the time the Contribution is added by the Contributor,
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+ such 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 to
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+ its Contributions set forth herein, no assurances are provided by any
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+ Contributor that the Program does not infringe the patent or other intellectual
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+ property rights of any other entity. Each Contributor disclaims any liability
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+ to Recipient for claims brought by any other entity based on infringement of
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+ intellectual property rights or otherwise. As a condition to exercising the
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+ rights and licenses granted hereunder, each Recipient hereby assumes sole
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+ responsibility to secure any other intellectual property rights needed, if any.
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+ For example, if a third party patent license is required to allow Recipient to
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+ Distribute the Program, it is Recipient's responsibility to acquire that
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+ license before distributing the Program.
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+ d) Each Contributor represents that to its knowledge it has sufficient
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+ copyright rights in its Contribution, if any, to grant the copyright license
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+ set forth 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
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+ Agreement) as a result of such Recipient's receipt of the Program under the
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+ terms of a Secondary License (if permitted under the terms of Section 3).
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+
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+
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+ 3. REQUIREMENTS
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+ ---------------
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+
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+ 3.1 If a Contributor Distributes the Program in any form, then:
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+
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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
108
+ 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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+
113
+ i) effectively disclaims on behalf of all other Contributors all warranties
114
+ and conditions, express and implied, including warranties or conditions of
115
+ title and non-infringement, and implied warranties or conditions of
116
+ merchantability and fitness for a particular purpose;
117
+ ii) effectively excludes on behalf of all other Contributors all liability
118
+ for damages, including direct, indirect, special, incidental and
119
+ consequential damages, such as lost profits;
120
+ iii) does not attempt to limit or alter the recipients' rights in the Source
121
+ Code under section 3.2; and
122
+ iv) requires any subsequent distribution of the Program by any party to be
123
+ under a license that satisfies the requirements of this section 3.
124
+
125
+ 3.2 When the Program is Distributed as Source Code:
126
+
127
+ a) it must be made available under this Agreement, or if the Program
128
+
129
+ (i) is combined with other material in a separate file or files made
130
+ available under a Secondary License, and
131
+ (ii) the initial Contributor attached to the Source Code the notice described
132
+ in Exhibit A of this Agreement, then the Program may be made available under
133
+ the terms of such Secondary Licenses, and
134
+
135
+ b) a copy of this Agreement must be included with each copy of the Program.
136
+
137
+ 3.3 Contributors may not remove or alter any copyright, patent, trademark,
138
+ attribution notices, disclaimers of warranty, or limitations of liability
139
+ (‘notices’) contained within the Program from any copy of the Program which they
140
+ Distribute, provided that Contributors may add their own appropriate notices.
141
+
142
+
143
+ 4. COMMERCIAL DISTRIBUTION
144
+ --------------------------
145
+
146
+ Commercial distributors of software may accept certain responsibilities with
147
+ respect to end users, business partners and the like. While this license is
148
+ intended to facilitate the commercial use of the Program, the Contributor who
149
+ includes the Program in a commercial product offering should do so in a manner
150
+ which does not create potential liability for other Contributors. Therefore, if a
151
+ Contributor includes the Program in a commercial product offering, such
152
+ Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify
153
+ every other Contributor (“Indemnified Contributor”) against any losses, damages
154
+ and costs (collectively “Losses”) arising from claims, lawsuits and other legal
155
+ actions brought by a third party against the Indemnified Contributor to the
156
+ extent caused by the acts or omissions of such Commercial Contributor in
157
+ connection with its distribution of the Program in a commercial product offering.
158
+ The obligations in this section do not apply to any claims or Losses relating to
159
+ any actual or alleged intellectual property infringement. In order to qualify, an
160
+ Indemnified Contributor must: a) promptly notify the Commercial Contributor in
161
+ writing of such claim, and b) allow the Commercial Contributor to control, and
162
+ cooperate with the Commercial Contributor in, the defense and any related
163
+ settlement negotiations. The Indemnified Contributor may participate in any such
164
+ claim at its own expense.
165
+
166
+ For example, a Contributor might include the Program in a commercial product
167
+ offering, Product X. That Contributor is then a Commercial Contributor. If that
168
+ Commercial Contributor then makes performance claims, or offers warranties
169
+ related to Product X, those performance claims and warranties are such Commercial
170
+ Contributor's responsibility alone. Under this section, the Commercial
171
+ Contributor would have to defend claims against the other Contributors related to
172
+ those performance claims and warranties, and if a court requires any other
173
+ Contributor to pay any damages as a result, the Commercial Contributor must pay
174
+ those damages.
175
+
176
+
177
+ 5. NO WARRANTY
178
+ --------------
179
+
180
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY
181
+ APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES
182
+ OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
183
+ LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
184
+ MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
185
+ responsible for determining the appropriateness of using and distributing the
186
+ Program and assumes all risks associated with its exercise of rights under this
187
+ Agreement, including but not limited to the risks and costs of program errors,
188
+ compliance with applicable laws, damage to or loss of data, programs or
189
+ equipment, and unavailability or interruption of operations.
190
+
191
+
192
+ 6. DISCLAIMER OF LIABILITY
193
+ --------------------------
194
+
195
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY
196
+ APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY
197
+ FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
198
+ DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY
199
+ THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
200
+ NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE
201
+ PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
202
+ POSSIBILITY OF SUCH DAMAGES.
203
+
204
+
205
+ 7. GENERAL
206
+ ----------
207
+
208
+ If any provision of this Agreement is invalid or unenforceable under applicable
209
+ law, it shall not affect the validity or enforceability of the remainder of the
210
+ terms of this Agreement, and without further action by the parties hereto, such
211
+ provision shall be reformed to the minimum extent necessary to make such
212
+ provision valid and enforceable.
213
+
214
+ If Recipient institutes patent litigation against any entity (including a
215
+ cross-claim or counterclaim in a lawsuit) alleging that the Program itself
216
+ (excluding combinations of the Program with other software or hardware) infringes
217
+ such Recipient's patent(s), then such Recipient's rights granted under Section
218
+ 2(b) shall terminate as of the date such litigation is filed.
219
+
220
+ All Recipient's rights under this Agreement shall terminate if it fails to comply
221
+ with any of the material terms or conditions of this Agreement and does not cure
222
+ such failure in a reasonable period of time after becoming aware of such
223
+ noncompliance. If all Recipient's rights under this Agreement terminate,
224
+ Recipient agrees to cease use and distribution of the Program as soon as
225
+ reasonably practicable. However, Recipient's obligations under this Agreement and
226
+ any licenses granted by Recipient relating to the Program shall continue and
227
+ survive.
228
+
229
+ Everyone is permitted to copy and distribute copies of this Agreement, but in
230
+ order to avoid inconsistency the Agreement is copyrighted and may only be
231
+ modified in the following manner. The Agreement Steward reserves the right to
232
+ publish new versions (including revisions) of this Agreement from time to time.
233
+ No one other than the Agreement Steward has the right to modify this Agreement.
234
+ The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
235
+ may assign the responsibility to serve as the Agreement Steward to a suitable
236
+ separate entity. Each new version of the Agreement will be given a distinguishing
237
+ version number. The Program (including Contributions) may always be Distributed
238
+ subject to the version of the Agreement under which it was received. In addition,
239
+ after a new version of the Agreement is published, Contributor may elect to
240
+ Distribute the Program (including its Contributions) under the new version.
241
+
242
+ Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
243
+ rights or licenses to the intellectual property of any Contributor under this
244
+ Agreement, whether expressly, by implication, estoppel or otherwise. All rights
245
+ in the Program not expressly granted under this Agreement are reserved. Nothing
246
+ in this Agreement is intended to be enforceable by any entity that is not a
247
+ Contributor or Recipient. No third-party beneficiary rights are created under
248
+ this Agreement.
249
+
250
+
251
+ Exhibit A – Form of Secondary Licenses Notice
252
+ ---------------------------------------------
253
+
254
+ “This Source Code may also be made available under the following Secondary
255
+ Licenses when the conditions for such availability set forth in the Eclipse
256
+ Public License, v. 2.0 are satisfied: {name license(s), version(s), and
257
+ exceptions or additional permissions here}.”
258
+
259
+ Simply including a copy of this Agreement, including this Exhibit A is not
260
+ sufficient to license the Source Code under Secondary Licenses.
261
+
262
+ If it is not possible or desirable to put the notice in a particular file,
263
+ then You may include the notice in a location (such as a LICENSE file in a
264
+ relevant directory) where a recipient would be likely to look for such a
265
+ notice.
266
+
267
+ You may add additional accurate notices of copyright ownership.