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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.