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Appendix - License text incl. Copyright information
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
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