Users Guide

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.
===========================================================================================
=========== logo Members Working Groups Projects More Breadcrumbs HomeAbout UsGovernance DocumentsEclipse
Distribution License Eclipse Distribution License - v 1.0 Copyright (c) 2007, Eclipse Foundation, Inc. and its licensors. All rights
reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the
following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and
the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Eclipse
Foundation, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software
without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL
THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
Third party licenses
73