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 counter-
claim 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 man-
ner. 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
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