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BY INSTALLING THE APPS ON YOUR MOBILE DEVICE, ENTERING INTO, CONNECTING TO, ACCESSING AND/OR USING THE APPS, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION AND PROCESSING OF YOUR INFORMATION AND YOU ARE CONSENTING TO THE USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES ON YOUR DEVICE. PLEASE NOTE: IF YOU OR, AS APPLICABLE, YOUR LEGAL GUARDIAN, DISAGREE TO ANY TERM PROVIDED HEREIN, YOU MAY NOT INSTALL, ACCESS AND/OR USE THE APPS AND YOU ARE REQUESTED TO PROMPTLY ERASE THEM, AND ANY PART THEREOF, FROM YOUR MOBILE DEVICE.

What information we collect Our primary purpose in collecting information is to provide you with a safe, efficient and customized experience and to provide you with Services and features that better meet your needs or requests.

1. Personal Information We do NOT collect any Personal Information about you. "Personal Information" means personally identifiable information, such as your name, email address, physical address, calendar entries, contact entries, files, photos, etc.

2. Non-Personal Information We collect non-personal information about your use of our Apps and aggregated information regarding the usages of the Apps. "Non-Personal Information" means information that is of an anonymous nature, such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, and information about the way you use the Applications.

How we use your information we collect 1. Personal Information.

We do NOT collect and use Personal Information in any way.

2. Non-personal Information.

Generally non-personal information is used internally to monitor and improve the Services, to perform analyses of the behavior of our users, to measure user demographics and interests, to describe our services to third parties such as advertisers and to analyze how and where best to use our resources. We do not combine Non-Personal Information with Personal Information.

How we share the information we collect 1. Personal Information.

We do NOT collect and share Personal Information in any way.

2. Non-personal information.

We accept advertisements from Third Parties ad networks which may be displayed in our Apps. We may share certain information with third-party advertisers, ad networks and ad platforms ("Advertising Entities") to develop and deliver targeted advertising in the Apps. We may also allow Advertising Entities to collect non-personal information within the Services which they may share with us, including your device identifier, device type, device brand, device model, network type, device language, and IP address. Advertising entities may also collect non-personal information related to the performance of the advertisements, such as how many times an advertisement is shown, how long an advertisement is viewed, and any click-throughs of an advertisement.

Links to third-party websites and services The Apps may contain links to other websites and online services, including third-party advertisements. If you choose to click through to one of these other websites or online services, please note that any information you may provide will be subject to the privacy policy and other terms and conditions of that websites or service, and not to this Privacy Policy. We do not control third-party websites or services, and the fact that a link to such a website or service appears in the Apps does not mean that we endorse them or have approved their policies or practices relating to user information. Before providing any information to any third-party website or service, we encourage you to review the privacy policy and other terms and conditions of that website or service. You agree that Surpax will have no liability for any matters relating to a third-party website or service that you provide information to, including their collection and handling of that information.

Compliance with laws and law enforcement Surpax reserves the right to share your information with third parties if we believe such action is necessary in order to: (1) conform with the requirements of the law or to comply with legal process served upon us; (2) protect or defend our legal rights or property (3) investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of the terms and conditions of using our Apps and Services.

Changes to our Privacy Policy This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy on http://www.surpax.net/privacy.html. Your continued use of the Apps and Services following the posting of changes will mean you accept those changes.

Contact us If you have any questions regarding privacy while using the Apps, or have questions about our practices, please contact us via email at privacy@surpax.net

We won't collect non-personal information about your use of our Apps or aggregated information regarding the usages of the Apps. "Non-Personal Information" means information that is of an anonymous nature, such as the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, and information about the way you use the Applications.

We do NOT collect any Personal Information about you, which means personally identifiable information, such as your name, email address, physical address, calendar entries, contact entries, files, photos, etc.

We accept advertisements from Third Parties ad networks which may be displayed in our Apps. We do not share information with third-party advertisers, ad networks and ad platforms ("Advertising Entities"). We do not allow Advertising Entities to collect non-personal information within the Services, including your device identifier, device type, device brand, device model, network type, device language, and IP address.

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Vine Camera Terms of Service and Privacy Policy Vine Camera Terms of Service These Terms of Service ("Terms") govern your access to and use of the Vine Camera mobile application (the "Service"), and any videos, audio or text created using the Service (collectively referred to as "Content"). By accessing or using the Service you agree to be bound by these Terms.

1. Basic Terms You may use the Service only if you can form a binding contract with Vine, a wholly owned subsidiary of Twitter Inc., (Collectively "Vine") and are not a person barred from receiving Service under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Service that Vine provides is always evolving and the form and nature of the Service that Vine provides may change from time to time without prior notice to you. In addition, Vine may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2. Privacy Please refer to our Privacy Policy below, which explains how information is collected, used and disclosed through the Service.

3. Your License to Use the Service Vine gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Vine as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Vine, in the manner permitted by these Terms.

4. Vine Rights The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Vine name or any of the Vine trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Service (excluding Content created by users) are and will remain the exclusive property of Vine and its licensors. Any feedback, comments, or suggestions you may provide regarding Vine, or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

5. Restrictions on Content and Use of the Service We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Vine, its users and the public.

You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, Vine's computer systems, or the technical delivery systems of Vine's providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Vine (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Vine (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Service without the prior consent of Vine is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service.

6. Ending These Terms The Terms will continue to apply until terminated by either you or Vine as follows.

You may end your legal agreement with Vine at any time for any reason by discontinuing your use of the Service.

We may cease providing you with all or part of the Service at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Service to you is no longer commercially viable.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Service, except that the following sections shall continue to apply: 4,5,6,7,8.

Nothing in this section shall affect Vine's rights to change, limit or stop the provision of the Service without prior notice, as provided above in section 1.

7. Disclaimers and Limitations of Liability Please read this section carefully since it limits the liability of Vine and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the "Vine Entities"). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

A. The Service is Available "AS-IS" Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, VINE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Vine Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Service or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service; (iv) whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Vine Entities or through the Service, will create any warranty not expressly made herein.

B. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE VINE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE Service OR (ii) ANY CONTENT OBTAINED FROM THE Service.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE VINE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID VINE, IF ANY, IN THE PAST SIX MONTHS FOR THE Service GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE VINE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

8. General Terms A. Waiver and Severability The failure of Vine to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

B. Controlling Law and Jurisdiction These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Service will be brought solely in the federal or state courts located in San Francisco County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If you are a federal, state, or local government entity in the United States using the Service in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

C. Entire Agreement These Terms and our Privacy Policy are the entire and exclusive agreement between Vine and you regarding the Service (excluding any Service for which you have a separate agreement with Vine), and these Terms supersede and replace any prior agreements between Vine and you regarding the Service.

We may revise these Terms from time to time, the most current version will be at https://support.twitter.com/articles/20175155. We will try to notify you of material revisions, for example via the Service or an update to the website. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 6 above. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.

These Terms are an agreement between you and Vine, a wholly owned subsidiary of Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. If you have any questions about these Terms, please contact us.

Effective: January 17, 2017 ________________________________________________________________________ Vine Camera Privacy Policy This Privacy Policy describes how and when Vine, a wholly owned subsidiary of Twitter Inc., (Collectively "Vine" or "We") collects, uses, and shares your information when you use the Vine Camera (the "Service"). When using our Service you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy. This includes any information you choose to provide that is deemed sensitive under applicable law.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, Ireland, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live.

If you have any questions or comments about this Privacy Policy, please contact us here.

Information Collection and Use Contact Information: We may collect your information when you contact us directly. For example, we collect information if you request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, and any other information you choose to provide. We use this information to respond to your questions or concerns.

Using the Service: Vine may receive information about you when you use the Service. For example when you use the Service to create a Vine video, save a Vine video to your photo album or share your Vine video to Twitter, we may receive information about you. This information may include your IP address, operating system, browser type, your Twitter username, your mobile carrier, device information (including device and application IDs). We use this information to help provide, understand and improve the Service.

Location Information: We may infer your location based on information from your device, such as information about wireless networks or cell towers near your mobile device, or your IP address. We use this information to help provide, understand and improve the Service.

Information Sharing and Disclosure Your Consent: We may share or disclose information at your direction or with your consent.

Service Providers: We may engage service providers to perform functions and provide services to us in the United States, Ireland, and other countries. We may share your information with such service providers subject to obligations consistent with this Privacy Policy and any other appropriate confidentiality and security measures, and on the condition that the third parties use your private personal data only on our behalf and pursuant to our instructions.

Law and Harm: Notwithstanding anything to the contrary in this Privacy Policy, we may preserve or disclose information if we believe that it is reasonably necessary to comply with a law, regulation or legal process or governmental request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Vine's or our users rights or property. However, nothing in this Privacy Policy is intended to limit any legal defenses or objections that you may have to a third party's, including a government's, request to disclose your information.

Business Transfers: In the event that Vine is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. This Privacy Policy will apply to your information as transferred to the new entity. We may also disclose information about you to our corporate affiliates in order to help provide, understand, and improve our Services and our affiliates' services.

Non-Personal Information: We may share or disclose your aggregated or otherwise non-personal information, such as the number of people who use the Service each month or the total time users spent in the app each month. For example, we may share this information with Crashlytics to better provide, understand and improve our Service. Crashlytics may also use this information to improve their products and services and for analytics purposes.

Changes to this Policy We may revise this Privacy Policy from time to time. The most current version of the policy will govern our use of your information and will always be at https://support.twitter.com/articles/20175155. We will try to notify you of material revisions, for example via the Service or an update to the website. By continuing to access or use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

Contact Information These Terms are an agreement between you and Vine, a wholly owned subsidiary of Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103 U.S.A. If you have any questions about this Privacy Policy, please contact us.

Effective: January 17, 2017 ________________________________________________________________________ Vine Camera OSS Atribution iOS MagicalRecord Copyright 2010-2015 Magical Panda Software, LLC (MIT License) RAReorderableLayout Copyright 2014 ra1028(MIT License) Realm Copyright 2014-2016 Realm (Apache 2.0) SVProgressHUD Copyright 2011-2016 Sam Vermette, Tobias Tiemerding and contributors(MIT License). A different license may apply to other resources included in this package, including Freepik Icons. Please consult their respective headers for the terms of their individual licenses.

TTTAttributedLabel Copyright 2011 Mattt Thompson (MIT License) AFNetworking Copyright Alamofire Software Foundation (MIT License) DAKeyboardControl Copyright Daniel Amitay (http://danielamitay.com) (MIT License) KCOrderedAccessorFix (Placed into the public domain by Kevin Cassidy Jr.)

MAKVONotificationCenter Copyright 2008 Michael Ash, Copyright 2012 Gwynne Raskind (BSD)

PDKeychainBindingsController Copyright 2010-2011 by Carl Brown of PDAgent, LLC. (MIT License)

RNCryptor Copyright 2015 Rob Napier (MIT License) SDAVAssetExportSession Copyright Olivier Poitrey rs@dailymotion.com(MIT License) Android AspectJ (Eclipse Public License v 1.0) AutoParcel Copyright frankie sardo (Eclipse Public License v 1.0) ExoPlayer (Apache 2.0) Hamcrest Copyright 2012- hamcrest.org (Modified BSD License) Jackson Copyright 2009 FasterXML, LLC (Apache 2.0) LoganSquare Copyright 2015 BlueLine Labs, Inc. (Apache 2.0) Mockito Copyright 2007 Mockito contributors (MIT License) MP4 Parser copyright mp4parser (Apache 2.0) Parceler Copyright 2011-2015 John Ericksen (Apache 2.0) Realm Copyright Realm (Apache 2.0) Retrofit Copyright 2013 Square, Inc. (Apache 2.0) Robolectric Copyright 2010 Xtreme Labs, Pivotal Labs and Google Inc. (MIT License)

RxJava Copyright 2016-present, RxJava Contributors. (Apache 2.0) License Text Apache 2.0 Licensed under the Apache License, Version 2.0 (the "License");you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.

Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.

BSD Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Michael Ash nor the name of Gwynne Raskind may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Modified BSD Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the copyright holder nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

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.