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LICENSE
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LICENSE
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
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LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
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CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a) in the case of the initial Contributor, the initial code and
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documentation distributed under this Agreement, and
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b) in the case of each subsequent Contributor:
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i) changes to the Program, and
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ii) additions to the Program;
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where such changes and/or additions to the Program originate from and are
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distributed by that particular Contributor. A Contribution 'originates' from
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a Contributor if it was added to the Program by such Contributor itself or
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anyone acting on such Contributor's behalf. Contributions do not include
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additions to the Program which: (i) are separate modules of software
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distributed in conjunction with the Program under their own license
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agreement, and (ii) are not derivative works of the Program.
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"Contributor" means any person or entity that distributes the Program.
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"Licensed Patents" mean patent claims licensable by a Contributor which are
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necessarily infringed by the use or sale of its Contribution alone or when
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combined with the Program.
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"Program" means the Contributions distributed in accordance with this
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Agreement.
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"Recipient" means anyone who receives the Program under this Agreement,
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including all Contributors.
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2. GRANT OF RIGHTS
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a) Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free copyright license to
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reproduce, prepare derivative works of, publicly display, publicly perform,
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distribute and sublicense the Contribution of such Contributor, if any, and
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such derivative works, in source code and object code form.
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b) Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non-exclusive, worldwide, royalty-free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in source code and
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object code form. This patent license shall apply to the combination of the
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Contribution and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such combination to be
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covered by the Licensed Patents. The patent license shall not apply to any
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other combinations which include the Contribution. No hardware per se is
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licensed hereunder.
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c) Recipient understands that although each Contributor grants the licenses
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to its Contributions set forth herein, no assurances are provided by any
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Contributor that the Program does not infringe the patent or other
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intellectual property rights of any other entity. Each Contributor disclaims
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any liability to Recipient for claims brought by any other entity based on
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infringement of intellectual property rights or otherwise. As a condition to
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exercising the rights and licenses granted hereunder, each Recipient hereby
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assumes sole responsibility to secure any other intellectual property rights
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needed, if any. For example, if a third party patent license is required to
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allow Recipient to distribute the Program, it is Recipient's responsibility
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to acquire that license before distributing the Program.
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d) Each Contributor represents that to its knowledge it has sufficient
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copyright rights in its Contribution, if any, to grant the copyright license
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set forth in this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form under
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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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b) its license agreement:
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i) effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title
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and non-infringement, and implied warranties or conditions of merchantability
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and fitness for a particular purpose;
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ii) effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, such as lost profits;
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iii) states that any provisions which differ from this Agreement are offered
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by that Contributor alone and not by any other 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 manner on
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or through a medium customarily used for software exchange.
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When the Program is made available in source code form:
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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 within
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the Program.
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Each Contributor must identify itself as the originator of its Contribution,
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if any, in a manner that reasonably allows subsequent Recipients to identify
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the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities with
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respect to end users, business partners and the like. While this license is
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intended to facilitate the commercial use of the Program, the Contributor who
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includes the Program in a commercial product offering should do so in a
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manner which does not create potential liability for other Contributors.
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Therefore, if a Contributor includes the Program in a commercial product
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offering, such Contributor ("Commercial Contributor") hereby agrees to defend
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and indemnify every other Contributor ("Indemnified Contributor") against any
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losses, damages and costs (collectively "Losses") arising from claims,
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lawsuits and other legal actions brought by a third party against the
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Indemnified Contributor to the extent caused by the acts or omissions of such
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Commercial Contributor in connection with its distribution of the Program in
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a commercial product offering. The obligations in this section do not apply
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to any claims or Losses relating to any actual or alleged intellectual
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property infringement. In order to qualify, an Indemnified Contributor must:
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a) promptly notify the Commercial Contributor in writing of such claim, and
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b) allow the Commercial Contributor tocontrol, and cooperate with the
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Commercial Contributor in, the defense and any related settlement
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negotiations. The Indemnified Contributor may participate in any such claim
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at its own expense.
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For example, a Contributor might include the Program in a commercial product
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offering, Product X. That Contributor is then a Commercial Contributor. If
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that Commercial Contributor then makes performance claims, or offers
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warranties related to Product X, those performance claims and warranties are
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such Commercial Contributor's responsibility alone. Under this section, the
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Commercial Contributor would have to defend claims against the other
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Contributors related to those performance claims and warranties, and if a
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court requires any other Contributor to pay any damages as a result, the
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Commercial Contributor must pay those damages.
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5. NO WARRANTY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON
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AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
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EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
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CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing the Program and assumes all risks
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associated with its exercise of rights under this Agreement , including but
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not limited to the risks and costs of program errors, compliance with
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applicable laws, damage to or loss of data, programs or equipment, and
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unavailability or interruption of operations.
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6. DISCLAIMER OF LIABILITY
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EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
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CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
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LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
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ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
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EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under
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applicable law, it shall not affect the validity or enforceability of the
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remainder of the terms of this Agreement, and without further action by the
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parties hereto, such provision shall be reformed to the minimum extent
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necessary to make such provision valid and enforceable.
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If Recipient institutes patent litigation against any entity (including a
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cross-claim or counterclaim in a lawsuit) alleging that the Program itself
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(excluding combinations of the Program with other software or hardware)
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infringes such Recipient's patent(s), then such Recipient's rights granted
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under Section 2(b) shall terminate as of the date such litigation is filed.
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All Recipient's rights under this Agreement shall terminate if it fails to
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comply with any of the material terms or conditions of this Agreement and
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does not cure such failure in a reasonable period of time after becoming
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aware of such noncompliance. If all Recipient's rights under this Agreement
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terminate, Recipient agrees to cease use and distribution of the Program as
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soon as reasonably practicable. However, Recipient's obligations under this
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Agreement and any licenses granted by Recipient relating to the Program shall
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continue and survive.
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Everyone is permitted to copy and distribute copies of this Agreement, but in
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order to avoid inconsistency the Agreement is copyrighted and may only be
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modified in the following manner. The Agreement Steward reserves the right to
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publish new versions (including revisions) of this Agreement from time to
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time. No one other than the Agreement Steward has the right to modify this
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Agreement. The Eclipse Foundation is the initial Agreement Steward. The
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Eclipse Foundation may assign the responsibility to serve as the Agreement
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Steward to a suitable separate entity. Each new version of the Agreement will
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be given a distinguishing version number. The Program (including
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Contributions) may always be distributed subject to the version of the
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Agreement under which it was received. In addition, after a new version of
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the Agreement is published, Contributor may elect to distribute the Program
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(including its Contributions) under the new version. Except as expressly
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stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
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licenses to the intellectual property of any Contributor under this
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Agreement, whether expressly, by implication, estoppel or otherwise. All
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rights in the Program not expressly granted under this Agreement are
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reserved.
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This Agreement is governed by the laws of the State of New York and the
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intellectual property laws of the United States of America. No party to this
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Agreement will bring a legal action under this Agreement more than one year
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after the cause of action arose. Each party waives its rights to a jury trial
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in any resulting litigation.
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