# Notices and Information

## IBM CICS Transaction Server UCD plug-in (July 2021)

The IBM license agreement and any applicable information on the web download page for IBM products refers Licensee to this file for details concerning notices applicable to code included in the products listed above ("the Program").

Notwithstanding the terms and conditions of any other agreement Licensee may have with IBM or any of its related or affiliated entities (collectively "IBM"), the third party code identified below is subject to the terms and conditions of the IBM license agreement for the Program and not the license terms that may be contained in the notices below. The notices are provided for informational purposes.

Please note: This Notices file may identify information that is not used by, or that was not shipped with, the Program as Licensee installed it.

IMPORTANT: IBM does not represent or warrant that the information in this NOTICES file is accurate. Third party websites are independent of IBM and IBM does not represent or warrant that the information on any third party website referenced in this NOTICES file is accurate. IBM disclaims any and all liability for errors and omissions or for any damages accruing from the use of this NOTICES file or its contents, including without limitation URLs or references to any third party websites.

THE FOLLOWING SECTIONS IDENTIFY VARIOUS COMPONENTS CONTAINED IN THE PROGRAM IDENTIFIED ABOVE, AND SPECIFY CERTAIN NOTICES AND OTHER INFORMATION REGARDING THOSE COMPONENTS THAT IBM IS REQUIRED TO PROVIDE TO YOU.

NOTWITHSTANDING ANY PROVISION CONTAINED IN ANY OF THE NOTICES AND OTHER INFORMATION SET FORTH BELOW, YOUR USE OF THESE PROGRAM COMPONENTS REMAINS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN:

1. THE PROGRAM'S LICENSE INFORMATION DOCUMENT; AND
2. THE IBM LICENSE AGREEMENT SPECIFIED IN THAT LICENSE INFORMATION DOCUMENT.

## CONTENTS

1. Notices and Information

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## Notices and Information

    ---------------------------------------------------------------------
    APACHE CODE NOTICES AND INFORMATION

    The third party components listed below are provided for use with the Program
    and are subject to the following terms and conditions:
    commons-codec, commons-io, commons-logging, gson, httpcomponents, log4j

                                     Apache License

                               Version 2.0, January 2004

                            http://www.apache.org/licenses/

       TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

       1. Definitions.
          "License" shall mean the terms and conditions for use, reproduction,
          and distribution as defined by Sections 1 through 9 of this document.

          "Licensor" shall mean the copyright owner or entity authorized by
          the copyright owner that is granting the License.

          "Legal Entity" shall mean the union of the acting entity and all
          other entities that control, are controlled by, or are under common
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          outstanding shares, or (iii) beneficial ownership of such entity.

          "You" (or "Your") shall mean an individual or Legal Entity
          exercising permissions granted by this License.

          "Source" form shall mean the preferred form for making modifications,
          including but not limited to software source code, documentation
          source, and configuration files.

          "Object" form shall mean any form resulting from mechanical
          transformation or translation of a Source form, including but
          not limited to compiled object code, generated documentation,
          and conversions to other media types.

          "Work" shall mean the work of authorship, whether in Source or
          Object form, made available under the License, as indicated by a
          copyright notice that is included in or attached to the work
          (an example is provided in the Appendix below).

          "Derivative Works" shall mean any work, whether in Source or Object
          form, that is based on (or derived from) the Work and for which the
          editorial revisions, annotations, elaborations, or other modifications
          represent, as a whole, an original work of authorship. For the purposes
          of this License, Derivative Works shall not include works that remain
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          the Work and Derivative Works thereof.

          "Contribution" shall mean any work of authorship, including
          the original version of the Work and any modifications or additions
          to that Work or Derivative Works thereof, that is intentionally
          submitted to Licensor for inclusion in the Work by the copyright owner
          or by an individual or Legal Entity authorized to submit on behalf of
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          designated in writing by the copyright owner as "Not a Contribution."

          "Contributor" shall mean Licensor and any individual or Legal Entity
          on behalf of whom a Contribution has been received by Licensor and
          subsequently incorporated within the Work.

       2. Grant of Copyright License. Subject to the terms and conditions of
          this License, each Contributor hereby grants to You a perpetual,
          worldwide, non-exclusive, no-charge, royalty-free, irrevocable
          copyright license to reproduce, prepare Derivative Works of,
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          Work and such Derivative Works in Source or Object form.

       3. Grant of Patent License. Subject to the terms and conditions of
          this License, each Contributor hereby grants to You a perpetual,
          worldwide, non-exclusive, no-charge, royalty-free, irrevocable
          (except as stated in this section) patent license to make, have made,
          use, offer to sell, sell, import, and otherwise transfer the Work,
          where such license applies only to those patent claims licensable
          by such Contributor that are necessarily infringed by their
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          or a Contribution incorporated within the Work constitutes direct
          or contributory patent infringement, then any patent licenses
          granted to You under this License for that Work shall terminate
          as of the date such litigation is filed.

       4. Redistribution. You may reproduce and distribute copies of the
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          (a) You must give any other recipients of the Work or
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          (b) You must cause any modified files to carry prominent notices
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          (c) You must retain, in the Source form of any Derivative Works
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          (d) If the Work includes a "NOTICE" text file as part of its
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              do not modify the License. You may add Your own attribution
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              or as an addendum to the NOTICE text from the Work, provided
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              as modifying the License.

          You may add Your own copyright statement to Your modifications and
          may provide additional or different license terms and conditions
          for use, reproduction, or distribution of Your modifications, or
          for any such Derivative Works as a whole, provided Your use,
          reproduction, and distribution of the Work otherwise complies with
          the conditions stated in this License.

       5. Submission of Contributions. Unless You explicitly state otherwise,
          any Contribution intentionally submitted for inclusion in the Work
          by You to the Licensor shall be under the terms and conditions of
          this License, without any additional terms or conditions.
          Notwithstanding the above, nothing herein shall supersede or modify
          the terms of any separate license agreement you may have executed
          with Licensor regarding such Contributions.

       6. Trademarks. This License does not grant permission to use the trade
          names, trademarks, service marks, or product names of the Licensor,
          except as required for reasonable and customary use in describing the
          origin of the Work and reproducing the content of the NOTICE file.

       7. Disclaimer of Warranty. Unless required by applicable law or
          agreed to in writing, Licensor provides the Work (and each
          Contributor provides its Contributions) 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. You are solely responsible for determining the
          appropriateness of using or redistributing the Work and assume any
          risks associated with Your exercise of permissions under this License.

       8. Limitation of Liability. In no event and under no legal theory,
          whether in tort (including negligence), contract, or otherwise,
          unless required by applicable law (such as deliberate and grossly
          negligent acts) or agreed to in writing, shall any Contributor be
          liable to You for damages, including any direct, indirect, special,
          incidental, or consequential damages of any character arising as a
          result of this License or out of the use or inability to use the
          Work (including but not limited to damages for loss of goodwill,
          work stoppage, computer failure or malfunction, or any and all
          other commercial damages or losses), even if such Contributor
          has been advised of the possibility of such damages.

       9. Accepting Warranty or Additional Liability. While redistributing
          the Work or Derivative Works thereof, You may choose to offer,
          and charge a fee for, acceptance of support, warranty, indemnity,
          or other liability obligations and/or rights consistent with this
          License. However, in accepting such obligations, You may act only
          on Your own behalf and on Your sole responsibility, not on behalf
          of any other Contributor, and only if You agree to indemnify,
          defend, and hold each Contributor harmless for any liability
          incurred by, or claims asserted against, such Contributor by reason
          of your accepting any such warranty or additional liability.

    END OF APACHE CODE NOTICES AND INFORMATION

    =====================================================================
    EPL 1.0 CODE NOTICES AND INFORMATION

    The third party components listed below are provided for use with the
    Program and are subject to the following terms and conditions:
    org.eclipse.core.runtime, org.eclipse.equinox.preferences, osgi

    Eclipse Public License - v 1.0

    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.

    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

    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.
    "Recipient" means anyone who receives the Program under this Agreement,
    including all Contributors.

    2. GRANT OF RIGHTS

    a) Subject to the terms of this Agreement, each Contributor hereby
    grants Recipient a non-exclusive, worldwide, royalty-free copyright
    license to reproduce, prepare derivative works of, publicly display,
    publicly perform, distribute and sublicense the Contribution of such
    Contributor, if any, and such derivative works, in source code and
    object code form.

    b) Subject to the terms of this Agreement, each Contributor hereby
    grants Recipient a non-exclusive, worldwide, royalty-free patent license
    under Licensed Patents to make, use, sell, offer to sell, 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 se is licensed
    hereunder.

    c) Recipient understands that although each Contributor grants the
    licenses to its Contributions set forth herein, no assurances are
    provided by any Contributor that the Program does not infringe 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 exercising the rights and licenses
    granted hereunder, each Recipient hereby assumes sole responsibility to
    secure any other intellectual property rights needed, if any. For
    example, if a third party patent license is required to allow Recipient
    to distribute the Program, it is Recipient's responsibility to acquire
    that license before distributing the Program.

    d) Each Contributor represents that to its knowledge it has sufficient
    copyright rights in its Contribution, if any, to grant the copyright
    license set forth in this Agreement.

    3. REQUIREMENTS

    A Contributor may choose to distribute the Program in object code form
    under its own license agreement, provided that:

    a) it complies with the terms and conditions of this Agreement; and

    b) its license agreement:

    i) effectively disclaims on behalf of all Contributors all warranties
    and conditions, express and implied, including warranties or conditions
    of title and non-infringement, and implied warranties or conditions of
    merchantability and fitness for a particular purpose;

    ii) effectively excludes on behalf of all Contributors all liability for
    damages, including direct, indirect, special, incidental and
    consequential damages, such as lost profits;

    iii) states that any provisions which differ from this Agreement are
    offered by that Contributor alone and not by any other party; and

    iv) states that source code for the Program is available from such
    Contributor, and informs licensees how to obtain it in a reasonable
    manner on or through a medium customarily used for software exchange.

    When the Program is made available in source code form:

    a) it must be made available under this Agreement; and

    b) a copy of this Agreement must be included with each copy of the
    Program. Contributors may not remove or alter any copyright notices
    contained within the Program. 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.

    4. COMMERCIAL DISTRIBUTION

    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.

    END OF EPL 1.0 CODE NOTICES AND INFORMATION

    ===============================================================================
    EPL 2.0 CODE NOTICES AND INFORMATION

    The third party components listed below are provided for use with the
    Program and are subject to the following terms and conditions:
    org.eclipse.equinox.common

    Eclipse Public License - v 2.0

    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.

    1. DEFINITIONS
    "Contribution" means:

    a) in the case of the initial Contributor, the initial content Distributed under
    this Agreement, and
    b) in the case of each subsequent Contributor:
    i) changes to the Program, and
    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 changes or additions to the Program
    that are not Modified Works.
    "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.

    "Recipient" means anyone who receives the Program under this Agreement or any Secondary
    License (as applicable), including Contributors.

    "Derivative Works" shall mean any work, whether in Source Code or other form, that
    is based on (or derived from) the Program and for which the editorial revisions,
    annotations, elaborations, or other modifications represent, as a whole, an original
    work of authorship.

    "Modified Works" shall mean any work in Source Code or other form that results from
    an addition to, deletion from, or modification of the contents of the Program, including,
    for purposes of clarity any new file in Source Code form that contains any contents
    of the Program. Modified Works shall not include works that contain only declarations,
    interfaces, types, classes, structures, or files of the Program solely in each case
    in order to link to, bind by name, or subclass the Program or Modified Works thereof.

    "Distribute" means the acts of a) distributing or b) making available in any manner
    that enables the transfer of a copy.

    "Source Code" means the form of a Program preferred for making modifications, including
    but not limited to software source code, documentation source, and configuration
    files.

    "Secondary License" means either the GNU General Public License, Version 2.0, or
    any later versions of that license, including any exceptions or additional permissions
    as identified by the initial Contributor.

    2. GRANT OF RIGHTS
    a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient
    a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare
    Derivative Works of, publicly display, publicly perform, Distribute and sublicense
    the Contribution of such Contributor, if any, and such Derivative Works.
    b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient
    a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to
    make, use, sell, offer to sell, import and otherwise transfer the Contribution of
    such Contributor, if any, in Source Code or other 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 se is licensed hereunder.
    c) Recipient understands that although each Contributor grants the licenses to its
    Contributions set forth herein, no assurances are provided by any Contributor that
    the Program does not infringe 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 exercising the rights and licenses granted hereunder,
    each Recipient hereby assumes sole responsibility to secure any other intellectual
    property rights needed, if any. For example, if a third party patent license is
    required to allow Recipient to Distribute the Program, it is Recipient's responsibility
    to acquire that license before distributing the Program.
    d) Each Contributor represents that to its knowledge it has sufficient copyright
    rights in its Contribution, if any, to grant the copyright license set forth in
    this Agreement.
    e) Notwithstanding the terms of any Secondary License, no Contributor makes additional
    grants to any Recipient (other than those set forth in this Agreement) as a result
    of such Recipient's receipt of the Program under the terms of a Secondary License
    (if permitted under the terms of Section 3).
    3. REQUIREMENTS
    3.1 If a Contributor Distributes the Program in any form, then:

    a) the Program must also be made available as Source Code, in accordance with section
    3.2, and the Contributor must accompany the Program with a statement that the Source
    Code for the Program is available under this Agreement, and informs Recipients how
    to obtain it in a reasonable manner on or through a medium customarily used for
    software exchange; and
    b) the Contributor may Distribute the Program under a license different than this
    Agreement, provided that such license:
    i) effectively disclaims on behalf of all other Contributors all warranties and
    conditions, express and implied, including warranties or conditions of title and
    non-infringement, and implied warranties or conditions of merchantability and fitness
    for a particular purpose;
    ii) effectively excludes on behalf of all other Contributors all liability for damages,
    including direct, indirect, special, incidental and consequential damages, such
    as lost profits;
    iii) does not attempt to limit or alter the recipients' rights in the Source Code
    under section 3.2; and
    iv) requires any subsequent distribution of the Program by any party to be under
    a license that satisfies the requirements of this section 3.
    3.2 When the Program is Distributed as Source Code:

    a) it must be made available under this Agreement, or if the Program (i) is combined
    with other material in a separate file or files made available under a Secondary
    License, and (ii) the initial Contributor attached to the Source Code the notice
    described in Exhibit A of this Agreement, then the Program may be made available
    under the terms of such Secondary Licenses, and
    b) a copy of this Agreement must be included with each copy of the Program.
    3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution
    notices, disclaimers of warranty, or limitations of liability ('notices') contained
    within the Program from any copy of the Program which they Distribute, provided
    that Contributors may add their own appropriate notices.

    4. COMMERCIAL DISTRIBUTION
    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, AND TO THE EXTENT PERMITTED BY
    APPLICABLE LAW, 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, AND TO THE EXTENT PERMITTED BY
    APPLICABLE LAW, 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. Nothing in this Agreement
    is intended to be enforceable by any entity that is not a Contributor or Recipient.
    No third-party beneficiary rights are created under this Agreement.

    Exhibit A – Form of Secondary Licenses Notice
    "This Source Code may also be made available under the following Secondary Licenses
    when the conditions for such availability set forth in the Eclipse Public License,
    v. 2.0 are satisfied: {name license(s), version(s), and exceptions or additional
    permissions here}."

    Simply including a copy of this Agreement, including this Exhibit A is not sufficient
    to license the Source Code under Secondary Licenses.

    If it is not possible or desirable to put the notice in a particular file, then
    You may include the notice in a location (such as a LICENSE file in a relevant directory)
    where a recipient would be likely to look for such a notice.

    You may add additional accurate notices of copyright ownership.

    END OF EPL 2.0 CODE NOTICES AND INFORMATION

    ===============================================================================

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