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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.
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