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+
+ Eclipse Public License, Version 1.0 (EPL-1.0)
+
+
+ THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
+ PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
+ PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
+
+ 1. DEFINITIONS
+
+ "Contribution" means:
+
+ a) in the case of the initial Contributor, the initial code and
+ documentation distributed under this Agreement, and
+ b) in the case of each subsequent Contributor:
+ i) changes to the Program, and
+ ii) additions to the Program;
+
+ where such changes and/or additions to the Program originate from and are
+ distributed by that particular Contributor. A Contribution 'originates'
+ from a Contributor if it was added to the Program by such Contributor
+ itself or anyone acting on such Contributor's behalf. Contributions do not
+ include additions to the Program which: (i) are separate modules of
+ software distributed in conjunction with the Program under their own
+ license agreement, and (ii) are not derivative works of the Program.
+
+ "Contributor" means any person or entity that distributes the Program.
+
+ "Licensed Patents " mean patent claims licensable by a Contributor which
+ are necessarily infringed by the use or sale of its Contribution alone or
+ when combined with the Program.
+
+ "Program" means the Contributions distributed in accordance with this
+ Agreement.
+
+ "Recipient" means anyone who receives the Program under this Agreement,
+ including all Contributors.
+
+ 2. GRANT OF RIGHTS
+
+ a) Subject to the terms of this Agreement, each Contributor hereby
+ grants Recipient a non-exclusive, worldwide, royalty-free copyright
+ license to reproduce, prepare derivative works of, publicly display,
+ publicly perform, distribute and sublicense the Contribution of such
+ Contributor, if any, and such derivative works, in source code and
+ object code form.
+ b) Subject to the terms of this Agreement, each Contributor hereby
+ grants Recipient a non-exclusive, worldwide, royalty-free patent license
+ under Licensed Patents to make, use, sell, offer to sell, import and
+ otherwise transfer the Contribution of such Contributor, if any, in
+ source code and object code form. This patent license shall apply to the
+ combination of the Contribution and the Program if, at the time the
+ Contribution is added by the Contributor, such addition of the
+ Contribution causes such combination to be covered by the Licensed
+ Patents. The patent license shall not apply to any other combinations
+ which include the Contribution. No hardware per se is licensed
+ hereunder.
+ c) Recipient understands that although each Contributor grants the
+ licenses to its Contributions set forth herein, no assurances are
+ provided by any Contributor that the Program does not infringe the
+ patent or other intellectual property rights of any other entity. Each
+ Contributor disclaims any liability to Recipient for claims brought by
+ any other entity based on infringement of intellectual property rights
+ or otherwise. As a condition to exercising the rights and licenses
+ granted hereunder, each Recipient hereby assumes sole responsibility to
+ secure any other intellectual property rights needed, if any. For
+ example, if a third party patent license is required to allow Recipient
+ to distribute the Program, it is Recipient's responsibility to acquire
+ that license before distributing the Program.
+ d) Each Contributor represents that to its knowledge it has sufficient
+ copyright rights in its Contribution, if any, to grant the copyright
+ license set forth in this Agreement.
+
+ 3. REQUIREMENTS
+
+ A Contributor may choose to distribute the Program in object code form
+ under its own license agreement, provided that:
+
+ a) it complies with the terms and conditions of this Agreement; and
+ b) its license agreement:
+ i) effectively disclaims on behalf of all Contributors all warranties
+ and conditions, express and implied, including warranties or conditions
+ of title and non-infringement, and implied warranties or conditions of
+ merchantability and fitness for a particular purpose;
+ ii) effectively excludes on behalf of all Contributors all liability for
+ damages, including direct, indirect, special, incidental and
+ consequential damages, such as lost profits;
+ iii) states that any provisions which differ from this Agreement are
+ offered by that Contributor alone and not by any other party; and
+ iv) states that source code for the Program is available from such
+ Contributor, and informs licensees how to obtain it in a reasonable
+ manner on or through a medium customarily used for software exchange.
+
+ When the Program is made available in source code form:
+
+ a) it must be made available under this Agreement; and
+ b) a copy of this Agreement must be included with each copy of the
+ Program.
+
+ Contributors may not remove or alter any copyright notices contained
+ within the Program.
+
+ Each Contributor must identify itself as the originator of its
+ Contribution, if any, in a manner that reasonably allows subsequent
+ Recipients to identify the originator of the Contribution.
+
+ 4. COMMERCIAL DISTRIBUTION
+
+ Commercial distributors of software may accept certain responsibilities
+ with respect to end users, business partners and the like. While this
+ license is intended to facilitate the commercial use of the Program, the
+ Contributor who includes the Program in a commercial product offering
+ should do so in a manner which does not create potential liability for
+ other Contributors. Therefore, if a Contributor includes the Program in a
+ commercial product offering, such Contributor ("Commercial Contributor")
+ hereby agrees to defend and indemnify every other Contributor
+ ("Indemnified Contributor") against any losses, damages and costs
+ (collectively "Losses") arising from claims, lawsuits and other legal
+ actions brought by a third party against the Indemnified Contributor to
+ the extent caused by the acts or omissions of such Commercial Contributor
+ in connection with its distribution of the Program in a commercial product
+ offering. The obligations in this section do not apply to any claims or
+ Losses relating to any actual or alleged intellectual property
+ infringement. In order to qualify, an Indemnified Contributor must: a)
+ promptly notify the Commercial Contributor in writing of such claim, and
+ b) allow the Commercial Contributor to control, and cooperate with the
+ Commercial Contributor in, the defense and any related settlement
+ negotiations. The Indemnified Contributor may participate in any such
+ claim at its own expense.
+
+ For example, a Contributor might include the Program in a commercial
+ product offering, Product X. That Contributor is then a Commercial
+ Contributor. If that Commercial Contributor then makes performance claims,
+ or offers warranties related to Product X, those performance claims and
+ warranties are such Commercial Contributor's responsibility alone. Under
+ this section, the Commercial Contributor would have to defend claims
+ against the other Contributors related to those performance claims and
+ warranties, and if a court requires any other Contributor to pay any
+ damages as a result, the Commercial Contributor must pay those damages.
+
+ 5. NO WARRANTY
+
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
+ ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
+ EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
+ CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
+ PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
+ the appropriateness of using and distributing the Program and assumes all
+ risks associated with its exercise of rights under this Agreement ,
+ including but not limited to the risks and costs of program errors,
+ compliance with applicable laws, damage to or loss of data, programs or
+ equipment, and unavailability or interruption of operations.
+
+ 6. DISCLAIMER OF LIABILITY
+
+ EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
+ CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
+ INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
+ WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
+ LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
+ NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION
+ OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF
+ ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
+
+ 7. GENERAL
+
+ If any provision of this Agreement is invalid or unenforceable under
+ applicable law, it shall not affect the validity or enforceability of the
+ remainder of the terms of this Agreement, and without further action by
+ the parties hereto, such provision shall be reformed to the minimum extent
+ necessary to make such provision valid and enforceable.
+
+ If Recipient institutes patent litigation against any entity (including a
+ cross-claim or counterclaim in a lawsuit) alleging that the Program itself
+ (excluding combinations of the Program with other software or hardware)
+ infringes such Recipient's patent(s), then such Recipient's rights granted
+ under Section 2(b) shall terminate as of the date such litigation is
+ filed.
+
+ All Recipient's rights under this Agreement shall terminate if it fails to
+ comply with any of the material terms or conditions of this Agreement and
+ does not cure such failure in a reasonable period of time after becoming
+ aware of such noncompliance. If all Recipient's rights under this
+ Agreement terminate, Recipient agrees to cease use and distribution of the
+ Program as soon as reasonably practicable. However, Recipient's
+ obligations under this Agreement and any licenses granted by Recipient
+ relating to the Program shall continue and survive.
+
+ Everyone is permitted to copy and distribute copies of this Agreement, but
+ in order to avoid inconsistency the Agreement is copyrighted and may only
+ be modified in the following manner. The Agreement Steward reserves the
+ right to publish new versions (including revisions) of this Agreement from
+ time to time. No one other than the Agreement Steward has the right to
+ modify this Agreement. The Eclipse Foundation is the initial Agreement
+ Steward. The Eclipse Foundation may assign the responsibility to serve as
+ the Agreement Steward to a suitable separate entity. Each new version of
+ the Agreement will be given a distinguishing version number. The Program
+ (including Contributions) may always be distributed subject to the version
+ of the Agreement under which it was received. In addition, after a new
+ version of the Agreement is published, Contributor may elect to distribute
+ the Program (including its Contributions) under the new version. Except as
+ expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
+ rights or licenses to the intellectual property of any Contributor under
+ this Agreement, whether expressly, by implication, estoppel or otherwise.
+ All rights in the Program not expressly granted under this Agreement are
+ reserved.
+
+ This Agreement is governed by the laws of the State of New York and the
+ intellectual property laws of the United States of America. No party to
+ this Agreement will bring a legal action under this Agreement more than
+ one year after the cause of action arose. Each party waives its rights to
+ a jury trial in any resulting litigation.
+