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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, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, 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. Nothing in this | |
Agreement is intended to be enforceable by any entity that is not a Contributor or Recipient. No third-party | |
beneficiary rights are created under this Agreement. | |
Exhibit A - Form of Secondary Licenses Notice | |
“This Source Code may also be made available under the following Secondary Licenses when the conditions for such | |
availability set forth in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), version(s), and | |
exceptions or additional permissions here}.” Simply including a copy of this Agreement, including this Exhibit A is | |
not sufficient to license the Source Code under Secondary Licenses. | |
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a | |
location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a | |
notice. | |
You may add additional accurate notices of copyright ownership. |