Users Guide

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.
MIT
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files
(the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge,
publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to
do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Third party licenses
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