Administrator Guide
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 aect 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 led.
• 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 modied 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.
MIT
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation les (the
"Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the
following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT
SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE
OR OTHER DEALINGS IN THE SOFTWARE.
Public Domain
Third party licenses
105