In57b44b0cd9f7c4000ef5and Christian Aistleitner made some clarifications to licenses.txt to correctly document that Gerrit consumes PrologCafe under the EPL and offers its source code as a Git repository available online. Carry these over to the license file produced in a BUCK based build. Change-Id: I16536b4716213a7371c45008e8c19c721e96132e
		
			
				
	
	
		
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			594 lines
		
	
	
		
			30 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
Prolog Cafe (A Prolog to Java Translator System)
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Copyright (C) 1997-2009 by Mutsunori Banbara and Naoyuki Tamura
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Prolog Cafe is free software; you can redistribute it and/or modify
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it under the terms of either:
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  * the GNU General Public License as published by the Free Software
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    Foundation; either version 2 of the License, or (at your option)
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    any later version, or
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  * the Eclipse Public License
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----
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In the context of Gerrit Code Review, Prolog Cafe is consumed under
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the <<prologcafe_EPL,EPL>>. Gerrit Code Review uses a fork derived
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from the 1.2.5 release and offers the corresponding source code at
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link:https://gerrit.googlesource.com/prolog-cafe[].
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----
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                    GNU GENERAL PUBLIC LICENSE
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                       Version 2, June 1991
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 Copyright (C) 1989, 1991 Free Software Foundation, Inc.,
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 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA
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 Everyone is permitted to copy and distribute verbatim copies
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 of this license document, but changing it is not allowed.
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                            Preamble
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  The licenses for most software are designed to take away your
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freedom to share and change it.  By contrast, the GNU General Public
 | 
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License is intended to guarantee your freedom to share and change free
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software--to make sure the software is free for all its users.  This
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General Public License applies to most of the Free Software
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Foundation's software and to any other program whose authors commit to
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using it.  (Some other Free Software Foundation software is covered by
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the GNU Lesser General Public License instead.)  You can apply it to
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your programs, too.
 | 
						|
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  When we speak of free software, we are referring to freedom, not
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price.  Our General Public Licenses are designed to make sure that you
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have the freedom to distribute copies of free software (and charge for
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this service if you wish), that you receive source code or can get it
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if you want it, that you can change the software or use pieces of it
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in new free programs; and that you know you can do these things.
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						|
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  To protect your rights, we need to make restrictions that forbid
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anyone to deny you these rights or to ask you to surrender the rights.
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						|
These restrictions translate to certain responsibilities for you if you
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distribute copies of the software, or if you modify it.
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						|
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						|
  For example, if you distribute copies of such a program, whether
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gratis or for a fee, you must give the recipients all the rights that
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						|
you have.  You must make sure that they, too, receive or can get the
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						|
source code.  And you must show them these terms so they know their
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rights.
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  We protect your rights with two steps: (1) copyright the software, and
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(2) offer you this license which gives you legal permission to copy,
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distribute and/or modify the software.
 | 
						|
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  Also, for each author's protection and ours, we want to make certain
 | 
						|
that everyone understands that there is no warranty for this free
 | 
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software.  If the software is modified by someone else and passed on, we
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want its recipients to know that what they have is not the original, so
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that any problems introduced by others will not reflect on the original
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authors' reputations.
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 | 
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  Finally, any free program is threatened constantly by software
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patents.  We wish to avoid the danger that redistributors of a free
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program will individually obtain patent licenses, in effect making the
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program proprietary.  To prevent this, we have made it clear that any
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patent must be licensed for everyone's free use or not licensed at all.
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  The precise terms and conditions for copying, distribution and
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modification follow.
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                    GNU GENERAL PUBLIC LICENSE
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   TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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  0. This License applies to any program or other work which contains
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a notice placed by the copyright holder saying it may be distributed
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under the terms of this General Public License.  The "Program", below,
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refers to any such program or work, and a "work based on the Program"
 | 
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means either the Program or any derivative work under copyright law:
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that is to say, a work containing the Program or a portion of it,
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either verbatim or with modifications and/or translated into another
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language.  (Hereinafter, translation is included without limitation in
 | 
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the term "modification".)  Each licensee is addressed as "you".
 | 
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 | 
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Activities other than copying, distribution and modification are not
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covered by this License; they are outside its scope.  The act of
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running the Program is not restricted, and the output from the Program
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is covered only if its contents constitute a work based on the
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Program (independent of having been made by running the Program).
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Whether that is true depends on what the Program does.
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  1. You may copy and distribute verbatim copies of the Program's
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source code as you receive it, in any medium, provided that you
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conspicuously and appropriately publish on each copy an appropriate
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copyright notice and disclaimer of warranty; keep intact all the
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notices that refer to this License and to the absence of any warranty;
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and give any other recipients of the Program a copy of this License
 | 
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along with the Program.
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You may charge a fee for the physical act of transferring a copy, and
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you may at your option offer warranty protection in exchange for a fee.
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  2. You may modify your copy or copies of the Program or any portion
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of it, thus forming a work based on the Program, and copy and
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distribute such modifications or work under the terms of Section 1
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above, provided that you also meet all of these conditions:
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    a) You must cause the modified files to carry prominent notices
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    stating that you changed the files and the date of any change.
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    b) You must cause any work that you distribute or publish, that in
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    whole or in part contains or is derived from the Program or any
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    part thereof, to be licensed as a whole at no charge to all third
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    parties under the terms of this License.
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    c) If the modified program normally reads commands interactively
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    when run, you must cause it, when started running for such
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    interactive use in the most ordinary way, to print or display an
 | 
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    announcement including an appropriate copyright notice and a
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    notice that there is no warranty (or else, saying that you provide
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    a warranty) and that users may redistribute the program under
 | 
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    these conditions, and telling the user how to view a copy of this
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    License.  (Exception: if the Program itself is interactive but
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    does not normally print such an announcement, your work based on
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    the Program is not required to print an announcement.)
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These requirements apply to the modified work as a whole.  If
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identifiable sections of that work are not derived from the Program,
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and can be reasonably considered independent and separate works in
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themselves, then this License, and its terms, do not apply to those
 | 
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sections when you distribute them as separate works.  But when you
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distribute the same sections as part of a whole which is a work based
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on the Program, the distribution of the whole must be on the terms of
 | 
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this License, whose permissions for other licensees extend to the
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entire whole, and thus to each and every part regardless of who wrote it.
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Thus, it is not the intent of this section to claim rights or contest
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your rights to work written entirely by you; rather, the intent is to
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exercise the right to control the distribution of derivative or
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collective works based on the Program.
 | 
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In addition, mere aggregation of another work not based on the Program
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with the Program (or with a work based on the Program) on a volume of
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a storage or distribution medium does not bring the other work under
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the scope of this License.
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  3. You may copy and distribute the Program (or a work based on it,
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under Section 2) in object code or executable form under the terms of
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						|
Sections 1 and 2 above provided that you also do one of the following:
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    a) Accompany it with the complete corresponding machine-readable
 | 
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    source code, which must be distributed under the terms of Sections
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						|
    1 and 2 above on a medium customarily used for software interchange; or,
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    b) Accompany it with a written offer, valid for at least three
 | 
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    years, to give any third party, for a charge no more than your
 | 
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    cost of physically performing source distribution, a complete
 | 
						|
    machine-readable copy of the corresponding source code, to be
 | 
						|
    distributed under the terms of Sections 1 and 2 above on a medium
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						|
    customarily used for software interchange; or,
 | 
						|
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						|
    c) Accompany it with the information you received as to the offer
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						|
    to distribute corresponding source code.  (This alternative is
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						|
    allowed only for noncommercial distribution and only if you
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						|
    received the program in object code or executable form with such
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    an offer, in accord with Subsection b above.)
 | 
						|
 | 
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The source code for a work means the preferred form of the work for
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						|
making modifications to it.  For an executable work, complete source
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code means all the source code for all modules it contains, plus any
 | 
						|
associated interface definition files, plus the scripts used to
 | 
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control compilation and installation of the executable.  However, as a
 | 
						|
special exception, the source code distributed need not include
 | 
						|
anything that is normally distributed (in either source or binary
 | 
						|
form) with the major components (compiler, kernel, and so on) of the
 | 
						|
operating system on which the executable runs, unless that component
 | 
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itself accompanies the executable.
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 | 
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If distribution of executable or object code is made by offering
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access to copy from a designated place, then offering equivalent
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						|
access to copy the source code from the same place counts as
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distribution of the source code, even though third parties are not
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compelled to copy the source along with the object code.
 | 
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 | 
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  4. You may not copy, modify, sublicense, or distribute the Program
 | 
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except as expressly provided under this License.  Any attempt
 | 
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otherwise to copy, modify, sublicense or distribute the Program is
 | 
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void, and will automatically terminate your rights under this License.
 | 
						|
However, parties who have received copies, or rights, from you under
 | 
						|
this License will not have their licenses terminated so long as such
 | 
						|
parties remain in full compliance.
 | 
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  5. You are not required to accept this License, since you have not
 | 
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signed it.  However, nothing else grants you permission to modify or
 | 
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distribute the Program or its derivative works.  These actions are
 | 
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prohibited by law if you do not accept this License.  Therefore, by
 | 
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modifying or distributing the Program (or any work based on the
 | 
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Program), you indicate your acceptance of this License to do so, and
 | 
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all its terms and conditions for copying, distributing or modifying
 | 
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the Program or works based on it.
 | 
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  6. Each time you redistribute the Program (or any work based on the
 | 
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Program), the recipient automatically receives a license from the
 | 
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original licensor to copy, distribute or modify the Program subject to
 | 
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these terms and conditions.  You may not impose any further
 | 
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restrictions on the recipients' exercise of the rights granted herein.
 | 
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You are not responsible for enforcing compliance by third parties to
 | 
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this License.
 | 
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  7. If, as a consequence of a court judgment or allegation of patent
 | 
						|
infringement or for any other reason (not limited to patent issues),
 | 
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conditions are imposed on you (whether by court order, agreement or
 | 
						|
otherwise) that contradict the conditions of this License, they do not
 | 
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excuse you from the conditions of this License.  If you cannot
 | 
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distribute so as to satisfy simultaneously your obligations under this
 | 
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License and any other pertinent obligations, then as a consequence you
 | 
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may not distribute the Program at all.  For example, if a patent
 | 
						|
license would not permit royalty-free redistribution of the Program by
 | 
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all those who receive copies directly or indirectly through you, then
 | 
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the only way you could satisfy both it and this License would be to
 | 
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refrain entirely from distribution of the Program.
 | 
						|
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If any portion of this section is held invalid or unenforceable under
 | 
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any particular circumstance, the balance of the section is intended to
 | 
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apply and the section as a whole is intended to apply in other
 | 
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circumstances.
 | 
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It is not the purpose of this section to induce you to infringe any
 | 
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patents or other property right claims or to contest validity of any
 | 
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such claims; this section has the sole purpose of protecting the
 | 
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integrity of the free software distribution system, which is
 | 
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implemented by public license practices.  Many people have made
 | 
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generous contributions to the wide range of software distributed
 | 
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through that system in reliance on consistent application of that
 | 
						|
system; it is up to the author/donor to decide if he or she is willing
 | 
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to distribute software through any other system and a licensee cannot
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impose that choice.
 | 
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This section is intended to make thoroughly clear what is believed to
 | 
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be a consequence of the rest of this License.
 | 
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 | 
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  8. If the distribution and/or use of the Program is restricted in
 | 
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certain countries either by patents or by copyrighted interfaces, the
 | 
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original copyright holder who places the Program under this License
 | 
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may add an explicit geographical distribution limitation excluding
 | 
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those countries, so that distribution is permitted only in or among
 | 
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countries not thus excluded.  In such case, this License incorporates
 | 
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the limitation as if written in the body of this License.
 | 
						|
 | 
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  9. The Free Software Foundation may publish revised and/or new versions
 | 
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of the General Public License from time to time.  Such new versions will
 | 
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be similar in spirit to the present version, but may differ in detail to
 | 
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address new problems or concerns.
 | 
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 | 
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Each version is given a distinguishing version number.  If the Program
 | 
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specifies a version number of this License which applies to it and "any
 | 
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later version", you have the option of following the terms and conditions
 | 
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either of that version or of any later version published by the Free
 | 
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Software Foundation.  If the Program does not specify a version number of
 | 
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this License, you may choose any version ever published by the Free Software
 | 
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Foundation.
 | 
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  10. If you wish to incorporate parts of the Program into other free
 | 
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programs whose distribution conditions are different, write to the author
 | 
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to ask for permission.  For software which is copyrighted by the Free
 | 
						|
Software Foundation, write to the Free Software Foundation; we sometimes
 | 
						|
make exceptions for this.  Our decision will be guided by the two goals
 | 
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of preserving the free status of all derivatives of our free software and
 | 
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of promoting the sharing and reuse of software generally.
 | 
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                            NO WARRANTY
 | 
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  11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
 | 
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FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN
 | 
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OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
 | 
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PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
 | 
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OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
 | 
						|
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS
 | 
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TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE
 | 
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PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
 | 
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REPAIR OR CORRECTION.
 | 
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  12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
 | 
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WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
 | 
						|
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
 | 
						|
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
 | 
						|
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
 | 
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TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
 | 
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YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
 | 
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PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
 | 
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POSSIBILITY OF SUCH DAMAGES.
 | 
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                     END OF TERMS AND CONDITIONS
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            How to Apply These Terms to Your New Programs
 | 
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  If you develop a new program, and you want it to be of the greatest
 | 
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possible use to the public, the best way to achieve this is to make it
 | 
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free software which everyone can redistribute and change under these terms.
 | 
						|
 | 
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  To do so, attach the following notices to the program.  It is safest
 | 
						|
to attach them to the start of each source file to most effectively
 | 
						|
convey the exclusion of warranty; and each file should have at least
 | 
						|
the "copyright" line and a pointer to where the full notice is found.
 | 
						|
 | 
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    <one line to give the program's name and a brief idea of what it does.>
 | 
						|
    Copyright (C) <year>  <name of author>
 | 
						|
 | 
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    This program is free software; you can redistribute it and/or modify
 | 
						|
    it under the terms of the GNU General Public License as published by
 | 
						|
    the Free Software Foundation; either version 2 of the License, or
 | 
						|
    (at your option) any later version.
 | 
						|
 | 
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    This program is distributed in the hope that it will be useful,
 | 
						|
    but WITHOUT ANY WARRANTY; without even the implied warranty of
 | 
						|
    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the
 | 
						|
    GNU General Public License for more details.
 | 
						|
 | 
						|
    You should have received a copy of the GNU General Public License along
 | 
						|
    with this program; if not, write to the Free Software Foundation, Inc.,
 | 
						|
    51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA.
 | 
						|
 | 
						|
Also add information on how to contact you by electronic and paper mail.
 | 
						|
 | 
						|
If the program is interactive, make it output a short notice like this
 | 
						|
when it starts in an interactive mode:
 | 
						|
 | 
						|
    Gnomovision version 69, Copyright (C) year name of author
 | 
						|
    Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
 | 
						|
    This is free software, and you are welcome to redistribute it
 | 
						|
    under certain conditions; type `show c' for details.
 | 
						|
 | 
						|
The hypothetical commands `show w' and `show c' should show the appropriate
 | 
						|
parts of the General Public License.  Of course, the commands you use may
 | 
						|
be called something other than `show w' and `show c'; they could even be
 | 
						|
mouse-clicks or menu items--whatever suits your program.
 | 
						|
 | 
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You should also get your employer (if you work as a programmer) or your
 | 
						|
school, if any, to sign a "copyright disclaimer" for the program, if
 | 
						|
necessary.  Here is a sample; alter the names:
 | 
						|
 | 
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  Yoyodyne, Inc., hereby disclaims all copyright interest in the program
 | 
						|
  `Gnomovision' (which makes passes at compilers) written by James Hacker.
 | 
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  <signature of Ty Coon>, 1 April 1989
 | 
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  Ty Coon, President of Vice
 | 
						|
 | 
						|
This General Public License does not permit incorporating your program into
 | 
						|
proprietary programs.  If your program is a subroutine library, you may
 | 
						|
consider it more useful to permit linking proprietary applications with the
 | 
						|
library.  If this is what you want to do, use the GNU Lesser General
 | 
						|
Public License instead of this License.
 | 
						|
----
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[[prologcafe_EPL]]
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----
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Eclipse Public License - v 1.0
 | 
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 | 
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
 | 
						|
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION
 | 
						|
OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
 | 
						|
 | 
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1. DEFINITIONS
 | 
						|
 | 
						|
"Contribution" means:
 | 
						|
 | 
						|
a) in the case of the initial Contributor, the initial code and
 | 
						|
   documentation distributed under this Agreement, and
 | 
						|
b) in the case of each subsequent Contributor:
 | 
						|
 | 
						|
i) changes to the Program, and
 | 
						|
 | 
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ii) additions to the Program;
 | 
						|
 | 
						|
where such changes and/or additions to the Program originate from
 | 
						|
and are distributed by that particular Contributor. A Contribution
 | 
						|
'originates' from a Contributor if it was added to the Program
 | 
						|
by such Contributor itself or anyone acting on such Contributor's
 | 
						|
behalf. Contributions do not include additions to the Program which:
 | 
						|
(i) are separate modules of software distributed in conjunction
 | 
						|
with the Program under their own license agreement, and (ii) are
 | 
						|
not derivative works of the Program.
 | 
						|
 | 
						|
"Contributor" means any person or entity that distributes the Program.
 | 
						|
 | 
						|
"Licensed Patents " mean patent claims licensable by a Contributor
 | 
						|
which are necessarily infringed by the use or sale of its
 | 
						|
Contribution alone or when combined with the Program.
 | 
						|
 | 
						|
"Program" means the Contributions distributed in accordance with
 | 
						|
this Agreement.
 | 
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 | 
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"Recipient" means anyone who receives the Program under this
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						|
Agreement, including all Contributors.
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 | 
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2. GRANT OF RIGHTS
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 | 
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a) Subject to the terms of this Agreement, each Contributor hereby
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   grants Recipient a non-exclusive, worldwide, royalty-free copyright
 | 
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   license to reproduce, prepare derivative works of, publicly display,
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   publicly perform, distribute and sublicense the Contribution of such
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   Contributor, if any, and such derivative works, in source code and
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						|
   object code form.
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 | 
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b) Subject to the terms of this Agreement, each Contributor hereby
 | 
						|
   grants Recipient a non-exclusive, worldwide, royalty-free patent
 | 
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   license under Licensed Patents to make, use, sell, offer to sell,
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						|
   import and otherwise transfer the Contribution of such Contributor,
 | 
						|
   if any, in source code and object code form. This patent license
 | 
						|
   shall apply to the combination of the Contribution and the Program
 | 
						|
   if, at the time the Contribution is added by the Contributor, such
 | 
						|
   addition of the Contribution causes such combination to be covered
 | 
						|
   by the Licensed Patents. The patent license shall not apply to any
 | 
						|
   other combinations which include the Contribution. No hardware per
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   se is licensed hereunder.
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 | 
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c) Recipient understands that although each Contributor grants the
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   licenses to its Contributions set forth herein, no assurances are
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   provided by any Contributor that the Program does not infringe
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						|
   the patent or other intellectual property rights of any other
 | 
						|
   entity. Each Contributor disclaims any liability to Recipient
 | 
						|
   for claims brought by any other entity based on infringement
 | 
						|
   of intellectual property rights or otherwise. As a condition to
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   exercising the rights and licenses granted hereunder, each Recipient
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   hereby assumes sole responsibility to secure any other intellectual
 | 
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   property rights needed, if any. For example, if a third party patent
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   license is required to allow Recipient to distribute the Program,
 | 
						|
   it is Recipient's responsibility to acquire that license before
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   distributing the Program.
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 | 
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d) Each Contributor represents that to its knowledge it has
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   sufficient copyright rights in its Contribution, if any, to grant
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   the copyright license set forth in this Agreement.
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 | 
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3. REQUIREMENTS
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 | 
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A Contributor may choose to distribute the Program in object code
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  form under its own license agreement, provided that:
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a) it complies with the terms and conditions of this Agreement; and
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 | 
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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all warranties
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   and conditions, express and implied, including warranties or
 | 
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   conditions of title and non-infringement, and implied warranties or
 | 
						|
   conditions of merchantability and fitness for a particular purpose;
 | 
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 | 
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ii) effectively excludes on behalf of all Contributors all liability
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						|
    for damages, including direct, indirect, special, incidental and
 | 
						|
    consequential damages, such as lost profits;
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iii) states that any provisions which differ from this Agreement
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     are offered by that Contributor alone and not by any other
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     party; and
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iv) states that source code for the Program is available from such
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						|
    Contributor, and informs licensees how to obtain it in a reasonable
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    manner on or through a medium customarily used for software exchange.
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 | 
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When the Program is made available in source code form:
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 | 
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a) it must be made available under this Agreement; and
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 | 
						|
b) a copy of this Agreement must be included with each copy of the Program.
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 | 
						|
Contributors may not remove or alter any copyright notices contained
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						|
within the Program.
 | 
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 | 
						|
Each Contributor must identify itself as the originator of its
 | 
						|
Contribution, if any, in a manner that reasonably allows subsequent
 | 
						|
Recipients to identify the originator of the Contribution.
 | 
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 | 
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4. COMMERCIAL DISTRIBUTION
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						|
 | 
						|
Commercial distributors of software may accept certain
 | 
						|
responsibilities with respect to end users, business partners and the
 | 
						|
like. While this license is intended to facilitate the commercial
 | 
						|
use of the Program, the Contributor who includes the Program in a
 | 
						|
commercial product offering should do so in a manner which does not
 | 
						|
create potential liability for other Contributors. Therefore, if a
 | 
						|
Contributor includes the Program in a commercial product offering,
 | 
						|
such Contributor ("Commercial Contributor") hereby agrees to defend
 | 
						|
and indemnify every other Contributor ("Indemnified Contributor")
 | 
						|
against any losses, damages and costs (collectively "Losses") arising
 | 
						|
from claims, lawsuits and other legal actions brought by a third
 | 
						|
party against the Indemnified Contributor to the extent caused by
 | 
						|
the acts or omissions of such Commercial Contributor in connection
 | 
						|
with its distribution of the Program in a commercial product
 | 
						|
offering. The obligations in this section do not apply to any claims
 | 
						|
or Losses relating to any actual or alleged intellectual property
 | 
						|
infringement. In order to qualify, an Indemnified Contributor must:
 | 
						|
a) promptly notify the Commercial Contributor in writing of such
 | 
						|
claim, and b) allow the Commercial Contributor to control, and
 | 
						|
cooperate with the Commercial Contributor in, the defense and any
 | 
						|
related settlement negotiations. The Indemnified Contributor may
 | 
						|
participate in any such claim at its own expense.
 | 
						|
 | 
						|
For example, a Contributor might include the Program in a
 | 
						|
commercial product offering, Product X. That Contributor is then a
 | 
						|
Commercial Contributor. If that Commercial Contributor then makes
 | 
						|
performance claims, or offers warranties related to Product X, those
 | 
						|
performance claims and warranties are such Commercial Contributor's
 | 
						|
responsibility alone. Under this section, the Commercial Contributor
 | 
						|
would have to defend claims against the other Contributors related
 | 
						|
to those performance claims and warranties, and if a court requires
 | 
						|
any other Contributor to pay any damages as a result, the Commercial
 | 
						|
Contributor must pay those damages.
 | 
						|
 | 
						|
5. NO WARRANTY
 | 
						|
 | 
						|
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
 | 
						|
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, 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.
 | 
						|
 | 
						|
This Agreement is governed by the laws of the State of New York and
 | 
						|
the intellectual property laws of the United States of America. No
 | 
						|
party to this Agreement will bring a legal action under this
 | 
						|
Agreement more than one year after the cause of action arose. Each
 | 
						|
party waives its rights to a jury trial in any resulting litigation.
 |