Reference Guide

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 licensesis 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.
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