Open Source and Third-Party Software License Agreements, September 2011

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.

September 1st 2010