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608 * EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
609 * AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
610 * EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
611 * CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
612 * PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
613 * the appropriateness of using and distributing the Program and assumes all
614 * risks associated with its exercise of rights under this Agreement, including
615 * but not limited to the risks and costs of program errors, compliance with
616 * applicable laws, damage to or loss of data, programs or equipment, and
617 * unavailability or interruption of operations.
619 * 6. DISCLAIMER OF LIABILITY
621 * EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
622 * CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
623 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
624 * LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
625 * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
626 * ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
627 * EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
632 * If any provision of this Agreement is invalid or unenforceable under
633 * applicable law, it shall not affect the validity or enforceability of the
634 * remainder of the terms of this Agreement, and without further action by the
635 * parties hereto, such provision shall be reformed to the minimum extent
636 * necessary to make such provision valid and enforceable.
638 * If Recipient institutes patent litigation against any entity (including a
639 * cross-claim or counterclaim in a lawsuit) alleging that the Program itself
640 * (excluding combinations of the Program with other software or hardware)
641 * infringes such Recipient's patent(s), then such Recipient's rights granted
642 * under Section 2(b) shall terminate as of the date such litigation is filed.
644 * All Recipient's rights under this Agreement shall terminate if it fails to
645 * comply with any of the material terms or conditions of this Agreement and
646 * does not cure such failure in a reasonable period of time after becoming
647 * aware of such noncompliance. If all Recipient's rights under this Agreement
648 * terminate, Recipient agrees to cease use and distribution of the Program as
649 * soon as reasonably practicable. However, Recipient's obligations under this
650 * Agreement and any licenses granted by Recipient relating to the Program
651 * shall continue and survive.
653 * Everyone is permitted to copy and distribute copies of this Agreement, but
654 * in order to avoid inconsistency the Agreement is copyrighted and may only
655 * be modified in the following manner. The Agreement Steward reserves the
656 * right to publish new versions (including revisions) of this Agreement from
657 * time to time. No one other than the Agreement Steward has the right to
658 * modify this Agreement. The Eclipse Foundation is the initial Agreement
659 * Steward. The Eclipse Foundation may assign the responsibility to serve as
660 * the Agreement Steward to a suitable separate entity. Each new version of
661 * the Agreement will be given a distinguishing version number. The Program
662 * (including Contributions) may always be distributed subject to the version
663 * of the Agreement under which it was received. In addition, after a new
664 * version of the Agreement is published, Contributor may elect to distribute
665 * the Program (including its Contributions) under the new version. Except as
666 * expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
667 * rights or licenses to the intellectual property of any Contributor under
668 * this Agreement, whether expressly, by implication, estoppel or otherwise.
669 * All rights in the Program not expressly granted under this Agreement are
672 * This Agreement is governed by the laws of the State of New York and the
673 * intellectual property laws of the United States of America. No party to
674 * this Agreement will bring a legal action under this Agreement more than one
675 * year after the cause of action arose. Each party waives its rights to a
676 * jury trial in any resulting litigation.
678 * ===========================================================================
679 * <end of Eclipse License>
680 * ===========================================================================