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  <TITLE>Eclipse Public License - Version 1.0</TITLE>
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  <H2>Eclipse Public License - v 1.0</H2>
  
  <P>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.</P>
  
  <P><B>1. DEFINITIONS</B></P>
  
  <P>"Contribution" means:</P>
  
  <P class="list">a) in the case of the initial Contributor, the initial
  code and documentation distributed under this Agreement, and</P>
  <P class="list">b) in the case of each subsequent Contributor:</P>
  <P class="list">i) changes to the Program, and</P>
  <P class="list">ii) additions to the Program;</P>
  <P class="list">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.</P>
  
  <P>"Contributor" means any person or entity that distributes
  the Program.</P>
  
  <P>"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.</P>
  
  <P>"Program" means the Contributions distributed in accordance
  with this Agreement.</P>
  
  <P>"Recipient" means anyone who receives the Program under
  this Agreement, including all Contributors.</P>
  
  <P><B>2. GRANT OF RIGHTS</B></P>
  
  <P class="list">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.</P>
  
  <P class="list">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.</P>
  
  <P class="list">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.</P>
  
  <P class="list">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.</P>
  
  <P><B>3. REQUIREMENTS</B></P>
  
  <P>A Contributor may choose to distribute the Program in object code
  form under its own license agreement, provided that:</P>
  
  <P class="list">a) it complies with the terms and conditions of this
  Agreement; and</P>
  
  <P class="list">b) its license agreement:</P>
  
  <P class="list">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;</P>
  
  <P class="list">ii) effectively excludes on behalf of all Contributors
  all liability for damages, including direct, indirect, special,
  incidental and consequential damages, such as lost profits;</P>
  
  <P class="list">iii) states that any provisions which differ from this
  Agreement are offered by that Contributor alone and not by any other
  party; and</P>
  
  <P class="list">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.</P>
  
  <P>When the Program is made available in source code form:</P>
  
  <P class="list">a) it must be made available under this Agreement; and</P>
  
  <P class="list">b) a copy of this Agreement must be included with each
  copy of the Program.</P>
  
  <P>Contributors may not remove or alter any copyright notices contained
  within the Program.</P>
  
  <P>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.</P>
  
  <P><B>4. COMMERCIAL DISTRIBUTION</B></P>
  
  <P>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.</P>
  
  <P>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.</P>
  
  <P><B>5. NO WARRANTY</B></P>
  
  <P>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.</P>
  
  <P><B>6. DISCLAIMER OF LIABILITY</B></P>
  
  <P>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.</P>
  
  <P><B>7. GENERAL</B></P>
  
  <P>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.</P>
  
  <P>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.</P>
  
  <P>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.</P>
  
  <P>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.</P>
  
  <P>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.</P>
  
  
  
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