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15 i) changes to the Program, and
17 ii) additions to the Program;
19 where such changes and/or additions to the Program originate from and
21 'originates' from a Contributor if it was added to the Program by such
23 Contributions do not include additions to the Program which: (i) are
42 a) Subject to the terms of this Agreement, each Contributor hereby
44 license to reproduce, prepare derivative works of, publicly display,
49 b) Subject to the terms of this Agreement, each Contributor hereby
51 under Licensed Patents to make, use, sell, offer to sell, import and
53 source code and object code form. This patent license shall apply to the
56 Contribution causes such combination to be covered by the Licensed
57 Patents. The patent license shall not apply to any other combinations
61 licenses to its Contributions set forth herein, no assurances are
64 Contributor disclaims any liability to Recipient for claims brought by
66 or otherwise. As a condition to exercising the rights and licenses
67 granted hereunder, each Recipient hereby assumes sole responsibility to
69 example, if a third party patent license is required to allow Recipient
70 to distribute the Program, it is Recipient's responsibility to acquire
73 d) Each Contributor represents that to its knowledge it has sufficient
74 copyright rights in its Contribution, if any, to grant the copyright
79 A Contributor may choose to distribute the Program in object code form
99 Contributor, and informs licensees how to obtain it in a reasonable
113 Recipients to identify the originator of the Contribution.
118 with respect to end users, business partners and the like. While this
119 license is intended to facilitate the commercial use of the Program, the
124 Contributor") hereby agrees to defend and indemnify every other
128 Contributor to the extent caused by the acts or omissions of such
131 section do not apply to any claims or Losses relating to any actual or
132 alleged intellectual property infringement. In order to qualify, an
135 Contributor to control, and cooperate with the Commercial Contributor
142 claims, or offers warranties related to Product X, those performance
144 alone. Under this section, the Commercial Contributor would have to
145 defend claims against the other Contributors related to those
147 Contributor to pay any damages as a result, the Commercial Contributor
159 Agreement , including but not limited to the risks and costs of program
160 errors, compliance with applicable laws, damage to or loss of data,
179 by the parties hereto, such provision shall be reformed to the minimum
180 extent necessary to make such provision valid and enforceable.
190 to comply with any of the material terms or conditions of this Agreement
193 this Agreement terminate, Recipient agrees to cease use and distribution
196 relating to the Program shall continue and survive.
198 Everyone is permitted to copy and distribute copies of this Agreement,
199 but in order to avoid inconsistency the Agreement is copyrighted and may
201 the right to publish new versions (including revisions) of this
202 Agreement from time to time. No one other than the Agreement Steward has
203 the right to modify this Agreement. The Eclipse Foundation is the
205 responsibility to serve as the Agreement Steward to a suitable separate
208 distributed subject to the version of the Agreement under which it was
210 published, Contributor may elect to distribute the Program (including
213 to the intellectual property of any Contributor under this Agreement,
218 intellectual property laws of the United States of America. No party to
221 to a jury trial in any resulting litigation.