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200 | 200 | WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
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201 | 201 | See the License for the specific language governing permissions and
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202 | 202 | limitations under the License.
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| - |
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| --------------------------------------------------------------------------------- |
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| -This program incorporates the Clojure EDN reader implementation, which is |
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| -distributed under the Eclipse Public License v1.0: |
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| - |
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| -Eclipse Public License - v 1.0 |
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| - |
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| -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE |
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| -PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR |
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| -DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS |
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| -AGREEMENT. |
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| - |
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| -1. DEFINITIONS |
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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 |
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| -code and documentation distributed 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 |
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| -originate from and are distributed by that particular Contributor. A |
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| -Contribution 'originates' from a Contributor if it was added to the |
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| -Program by such Contributor itself or anyone acting on such |
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| -Contributor's behalf. Contributions do not include additions to the |
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| -Program which: (i) are separate modules of software distributed in |
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| -conjunction with the Program under their own license agreement, and (ii) |
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| -are not derivative works of the Program. |
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| - |
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| -"Contributor" means any person or entity that distributes |
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| -the Program. |
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| - |
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| -"Licensed Patents" mean patent claims licensable by a |
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| -Contributor which are necessarily infringed by the use or sale of its |
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| -Contribution alone or when combined with the Program. |
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| - |
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| -"Program" means the Contributions distributed in accordance |
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| -with this Agreement. |
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| - |
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| -"Recipient" means anyone who receives the Program under |
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| -this Agreement, including all Contributors. |
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| - |
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| -2. GRANT OF RIGHTS |
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| -a) Subject to the terms of this Agreement, each |
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| -Contributor hereby grants Recipient a non-exclusive, worldwide, |
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| -royalty-free copyright license to reproduce, prepare derivative works |
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| -of, publicly display, publicly perform, distribute and sublicense the |
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| -Contribution of such Contributor, if any, and such derivative works, in |
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| -source code and object code form. |
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| - |
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| -b) Subject to the terms of this Agreement, each |
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| -Contributor hereby grants Recipient a non-exclusive, worldwide, |
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| -royalty-free patent license under Licensed Patents to make, use, sell, |
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| -offer to sell, import and otherwise transfer the Contribution of such |
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| -Contributor, if any, in source code and object code form. This patent |
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| -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, |
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| -such addition of the Contribution causes such combination to be covered |
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| -by the Licensed Patents. The patent license shall not apply to any other |
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| -combinations which include the Contribution. No hardware per se is |
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| -licensed hereunder. |
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| - |
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| -c) Recipient understands that although each Contributor |
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| -grants the licenses to its Contributions set forth herein, no assurances |
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| -are provided by any Contributor that the Program does not infringe the |
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| -patent or other intellectual property rights of any other entity. Each |
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| -Contributor disclaims any liability to Recipient for claims brought by |
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| -granted hereunder, each Recipient hereby assumes sole responsibility to |
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| -secure any other intellectual property rights needed, if any. For |
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| -example, if a third party patent license is required to allow Recipient |
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| -to distribute the Program, it is Recipient's responsibility to acquire |
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| -that license before distributing the Program. |
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| - |
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| -d) Each Contributor represents that to its knowledge it |
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| -has sufficient copyright rights in its Contribution, if any, to grant |
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| -the copyright license set forth in this Agreement. |
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| - |
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| -3. REQUIREMENTS |
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| - |
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| -A Contributor may choose to distribute the Program in object code |
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| -form under its own license agreement, provided that: |
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| - |
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| -a) it complies with the terms and conditions of this |
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| -Agreement; and |
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| - |
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| -b) its license agreement: |
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| -i) effectively disclaims on behalf of all Contributors |
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| -all warranties and conditions, express and implied, including warranties |
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| -or conditions of title and non-infringement, and implied warranties or |
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| -conditions of merchantability and fitness for a particular purpose; |
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| - |
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| -ii) effectively excludes on behalf of all Contributors |
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| -all liability for damages, including direct, indirect, special, |
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| -incidental and consequential damages, such as lost profits; |
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| - |
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| -iii) states that any provisions which differ from this |
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| -Agreement are offered by that Contributor alone and not by any other |
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| -party; and |
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| - |
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| -iv) states that source code for the Program is available |
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| -from such Contributor, and informs licensees how to obtain it in a |
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| -reasonable manner on or through a medium customarily used for software |
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| -exchange. |
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| - |
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| -When the Program is made available in source code form: |
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| - |
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| -a) it must be made available under this Agreement; and |
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| - |
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| -b) a copy of this Agreement must be included with each |
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| -copy of the Program. |
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| - |
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| -Contributors may not remove or alter any copyright notices contained |
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| -within the Program. |
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| - |
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| -Each Contributor must identify itself as the originator of its |
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| -Contribution, if any, in a manner that reasonably allows subsequent |
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| -Recipients to identify the originator of the Contribution. |
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| - |
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| -4. COMMERCIAL DISTRIBUTION |
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| - |
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| -Commercial distributors of software may accept certain |
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| -responsibilities with respect to end users, business partners and the |
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| -like. While this license is intended to facilitate the commercial use of |
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| -the Program, the Contributor who includes the Program in a commercial |
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| -product offering should do so in a manner which does not create |
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| -potential liability for other Contributors. Therefore, if a Contributor |
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| -includes the Program in a commercial product offering, such Contributor |
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| -("Commercial Contributor") hereby agrees to defend and |
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| -indemnify every other Contributor ("Indemnified Contributor") |
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| -against any losses, damages and costs (collectively "Losses") |
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| -arising from claims, lawsuits and other legal actions brought by a third |
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| -party against the Indemnified Contributor to the extent caused by the |
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| -acts or omissions of such Commercial Contributor in connection with its |
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| -distribution of the Program in a commercial product offering. The |
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| -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 |
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| -order to qualify, an Indemnified Contributor must: a) promptly notify |
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| -the Commercial Contributor in writing of such claim, and b) allow the |
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| -Commercial Contributor to control, and cooperate with the Commercial |
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| -Contributor in, the defense and any related settlement negotiations. The |
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| -Indemnified Contributor may participate in any such claim at its own |
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| -expense. |
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| - |
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| -For example, a Contributor might include the Program in a commercial |
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| -product offering, Product X. That Contributor is then a Commercial |
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| -Contributor. If that Commercial Contributor then makes performance |
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| -claims, or offers warranties related to Product X, those performance |
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| -claims and warranties are such Commercial Contributor's responsibility |
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| -alone. Under this section, the Commercial Contributor would have to |
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| -defend claims against the other Contributors related to those |
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| -performance claims and warranties, and if a court requires any other |
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| -Contributor to pay any damages as a result, the Commercial Contributor |
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| -must pay those damages. |
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| - |
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| -5. NO WARRANTY |
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| - |
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| -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS |
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| -PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS |
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| -OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, |
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| -ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY |
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| -OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely |
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| -responsible for determining the appropriateness of using and |
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| -distributing the Program and assumes all risks associated with its |
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| -exercise of rights under this Agreement , including but not limited to |
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| -the risks and costs of program errors, compliance with applicable laws, |
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| -damage to or loss of data, programs or equipment, and unavailability or |
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| -interruption of operations. |
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| - |
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| -6. DISCLAIMER OF LIABILITY |
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| - |
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| -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT |
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| -NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, |
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| -INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING |
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| -WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF |
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| -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 |
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| -DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED |
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| -HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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| - |
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| -7. GENERAL |
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| - |
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| -If any provision of this Agreement is invalid or unenforceable under |
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| -applicable law, it shall not affect the validity or enforceability of |
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| -the remainder of the terms of this Agreement, and without further action |
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| -by the parties hereto, such provision shall be reformed to the minimum |
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| -extent necessary to make such provision valid and enforceable. |
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| - |
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| -If Recipient institutes patent litigation against any entity |
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| -(including a cross-claim or counterclaim in a lawsuit) alleging that the |
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| -Program itself (excluding combinations of the Program with other |
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| -software or hardware) infringes such Recipient's patent(s), then such |
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| -Recipient's rights granted under Section 2(b) shall terminate as of the |
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| -date such litigation is filed. |
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| - |
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| -All Recipient's rights under this Agreement shall terminate if it |
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| -fails to comply with any of the material terms or conditions of this |
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| -Agreement and does not cure such failure in a reasonable period of time |
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| -after becoming aware of such noncompliance. If all Recipient's rights |
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| -under this Agreement terminate, Recipient agrees to cease use and |
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| -distribution of the Program as soon as reasonably practicable. However, |
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| -Recipient's obligations under this Agreement and any licenses granted by |
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| -Recipient relating to the Program shall continue and survive. |
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| - |
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| -Everyone is permitted to copy and distribute copies of this |
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| -Agreement, but in order to avoid inconsistency the Agreement is |
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| -copyrighted and may only be modified in the following manner. The |
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| -Agreement Steward reserves the right to publish new versions (including |
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| -revisions) of this Agreement from time to time. No one other than the |
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| -Agreement Steward has the right to modify this Agreement. The Eclipse |
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| -Foundation is the initial Agreement Steward. The Eclipse Foundation may |
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| -assign the responsibility to serve as the Agreement Steward to a |
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| -suitable separate entity. Each new version of the Agreement will be |
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| -given a distinguishing version number. The Program (including |
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| -Contributions) may always be distributed subject to the version of the |
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| -Agreement under which it was received. In addition, after a new version |
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| -of the Agreement is published, Contributor may elect to distribute the |
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| -Program (including its Contributions) under the new version. Except as |
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| -expressly stated in Sections 2(a) and 2(b) above, Recipient receives no |
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| -rights or licenses to the intellectual property of any Contributor under |
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| -this Agreement, whether expressly, by implication, estoppel or |
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| -otherwise. All rights in the Program not expressly granted under this |
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| -Agreement are reserved. |
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| - |
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| -This Agreement is governed by the laws of the State of New York and |
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| -the intellectual property laws of the United States of America. No party |
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| -to this Agreement will bring a legal action under this Agreement more |
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| -than one year after the cause of action arose. Each party waives its |
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| -rights to a jury trial in any resulting litigation. |
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