496 lines
25 KiB
Text
496 lines
25 KiB
Text
Initial Developer's PUBLIC LICENSE
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Version 1.0
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1. Definitions
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1.0 "Commercial Use" means distribution or otherwise making the Covered
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Code available to a third party.
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1.1 ''Contributor'' means each entity that creates or contributes to the
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creation of Modifications.
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1.2 ''Contributor Version'' means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that
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particular Contributor.
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1.3. ''Covered Code'' means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case including
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portions thereof.
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1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
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accepted in the software development community for the electronic transfer of
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data.
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1.5. ''Executable'' means Covered Code in any form other than Source Code.
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1.6. ''Initial Developer'' means the individual or entity identified as the Initial
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Developer in the Source Code notice required by Exhibit A.
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1.7. ''Larger Work'' means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. ''License'' means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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1.9. ''Modifications'' means any addition to or deletion from the substance or
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structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. ''Original Code'' means Source Code of computer software code which
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is described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.11. ''Source Code'' means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation of
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an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or archival
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form, provided the appropriate decompression or de-archiving software is
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widely available for no charge.
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1.12. "You'' (or "Your") means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, "You'' includes any
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entity w hich controls, is controlled by, or is under common control with You.
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For purposes of this definition, "control'' means (a) the power, direct or
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indirect, to cause the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of more than fifty percent (50%) of
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the outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You a
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world-wide, royalty-free, non-exclusive license, subject to third party intellectual
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property claims:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Code (or portions thereof) with or without
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Modifications, and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date
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Initial Developer first distributes Original Code under the terms of this License.
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d) Notwithstanding Section 2.1(b) above, no patent license is granted:
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1) for code that You delete from the Original Code;
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2) separate from the Original Code; or
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3) for infringements caused by:
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i) the modification of the Original Code or
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ii) the combination of the Original Code with other software or
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devices.
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2.2. Contributor Grant. Subject to third party intellectual property claims, each
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Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor, to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof) either on an unmodified basis, with other Modifications, as
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Covered Code and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination with
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its Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
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by that Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor Version (or portions
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of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
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Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
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1) for any code that Contributor has deleted from the Contributor
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Version;
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2) separate from the Contributor Version;
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3) for infringements caused by:
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i) third party modifications of Contributor Version or
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ii) the combination of Modifications made by that Contributor with
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other software (except as part of the Contributor Version) or
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other devices; or
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4) under Patent Claims infringed by Covered Code in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License. The Modifications which You create or to which
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You contribute are governed by the terms of this License, including without
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limitation Section 2.2. The Source Code version of Covered Code may be
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distributed only under the terms of this License or a future version of this
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License released under Section 6.1, and You must include a copy of this
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License with every copy of the Source Code You distribute. You may not offer
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or impose any terms on any Source Code version that alters or restricts the
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applicable version of this License or the recipients' rights hereunder. However,
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You may include an additional document offering the additional rights described
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in Section 3.5.
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3.2. Availability of Source Code. Any Modification which You create or to
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which You contribute must be made available in Source Code form under the
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terms of this License either on the same media as an Executable version or via
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an accepted Electronic Distribution Mechanism to anyone to whom you made
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an Executable version available; and if made available via Electronic Distribution
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Mechanism, must remain available for at least twelve (12) months after the
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date it initially became available, or at least six (6) months after a subsequent
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version of that particular Modification has been made available to such
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recipients. You are responsible for ensuring that the Source Code version
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remains available even if the Electronic Distribution Mechanism is maintained by
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a third party.
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3.3. Description of Modifications. You must cause all Covered Code to
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which You contribute to contain a file documenting the changes You made to
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create that Covered Code and the date of any change. You must include a
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prominent statement that the Modification is derived, directly or indirectly, from
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Original Code provided by the Initial Developer and including the name of the
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Initial Developer in
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(a) the Source Code, and
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(b) in any notice in an Executable version or related documentation in
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which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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a) Third Party Claims. If Contributor has knowledge that a license under
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a third party's intellectual property rights is required to exercise the
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rights granted by such Contributor under Sections 2.1 or 2.2,
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Contributor must include a text file with the Source Code distribution
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titled "LEGAL'' which describes the claim and the party making the claim
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in sufficient detail that a recipient will know whom to contact. If
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Contributor obtains such knowledge after the Modification is made
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available as described in Section 3.2, Contributor shall promptly modify
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the LEGAL file in all copies Contributor makes available thereafter and
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shall take other steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who received the
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Covered Code that new knowledge has been obtained.
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(b) Contributor APIs. If Contributor's Modifications include an application
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programming interface and Contributor has knowledge of patent
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licenses which are reasonably necessary to implement that API,
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Contributor must also include this information in the LEGAL file.
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(c) Representations. Contributor represents that, except as disclosed
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pursuant to Section 3.4(a) above, Contributor believes that Contributor's
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Modifications are Contributor's original creation(s) and/or Contributor
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has sufficient rights to grant the rights conveyed by this License.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each file
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of the Source Code. If it is not possible to put such notice in a particular Source
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Code file due to its structure, then You must include such notice in a location
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(such as a relevant directory) where a user would be likely to look for such a
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notice. If You created one or more Modification(s) You may add your name as
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a Contributor to the notice described in Exhibit A. You must also duplicate this
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License in any documentation for the Source Code where You describe
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recipients' rights or ownership rights relating to Covered Code. You may
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choose to offer, and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered Code. However, You
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may do so only on Your own behalf, and not on behalf of the Initial Developer
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or any Contributor. You must make it absolutely clear than any such warranty,
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support, indemnity or liability obligation is offered by You alone, and You
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hereby agree to indemnify the Initial Developer and every Contributor for any
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liability incurred by the Initial Developer or such Contributor as a result of
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warranty, support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered
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Code in Executable form only if the requirements of Section 3.1-3.5 have been
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met for that Covered Code, and if You include a notice stating that the Source
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Code version of the Covered Code is available under the terms of this License,
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including a description of how and where You have fulfilled the obligations of
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Section 3.2. The notice must be conspicuously included in any notice in an
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Executable version, related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute the
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Executable version of Covered Code or ownership rights under a license of
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Your choice, which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and hat the license
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for the Executable version does not attempt to limit or alter the recipient's rights
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in the Source Code version from the rights set forth in this License. If You
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distribute the Executable version under a different license You must make it
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absolutely clear that any terms which differ from this License are offered by
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You alone, not by the Initial Developer or any Contributor. You hereby agree to
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indemnify the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of any such terms You
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offer.
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3.7. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and distribute
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the Larger Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License with respect
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to some or all of the Covered Code due to statute, judicial order, or regulation then You
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must:
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(a) comply with the terms of this License to the maximum extent possible; and
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(b) describe the limitations and the code they affect. Such description must be
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included in the LEGAL file described in Section 3.4 and must be included with
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all distributions of the Source Code. Except to the extent prohibited by statute
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or regulation, such description must be sufficiently detailed for a recipient of
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ordinary skill to be able to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the notice in
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Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions. The Initial Developer of this code may publish revised
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and/or new versions of the License from time to time. Each version will be
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given a distinguishing version number.
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6.2. Effect of New Versions. Once Covered Code has been published under
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a particular version of the License, You may always continue to use it under
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the terms of that version. You may also choose to use such Covered Code
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under the terms of any subsequent version of the License published by the
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Initial Developer. No one other than the Initial Developer has the right to modify
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the terms applicable to Covered Code created under this License.
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6.3. Derivative Works. If You create or use a modified version of this License
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(which you may only do in order to apply it to code which is not already
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Covered Code governed by this License), You must
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(a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
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''MOZPL'', ''Netscape'', "MPL", ''NPL", or any confusingly similar phrases
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do not appear in your license (except to note that your license differs
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from this License) and
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(b) otherwise make it clear that Your version of the license contains
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terms which differ from the Mozilla Public License and Netscape Public
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License. (Filling in the name of the Initial Developer, Original Code or
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Contributor in the notice described in Exhibit A shall not of themselves
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be deemed to be modifications of this License.)
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6.4 Origin of the Initial Developer's Public License. The Initial Developer's
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Public License is based on the Mozilla Public License V 1.1 with the following
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changes:
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1) The license is published by the Initial Developer of this code. Only the
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Initial Developer can modify the terms applicable to Covered Code.
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2) The license can be modified and used for code which is not already
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governed by this license. Modified versions of the license must be
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renamed to avoid confusion with Netscape's license Initial Developer's's
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license and must include a description of changes from the Initial
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Developer's Public License.
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3) The name of the license in Exhibit A is the "Initial Developer's Public
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License".
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4) The reference to an alternative license in Exhibit A has been removed
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5) Amendments I, II, III, V, and VI have been deleted.
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6) Exhibit A, Netscape Public License has been deleted
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
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ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
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WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
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YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
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COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Initial Developer or a Contributor (the Initial
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Developer or Contributor against whom You file such action is referred to as
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"Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You
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under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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from Participant terminate prospectively, unless if within 60 days after
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receipt of notice You either:
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(i) agree in writing to pay Participant a mutually agreeable
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reasonable royalty for Your past and future use of Modifications
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made by such Participant, or
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(ii) withdraw Your litigation claim with respect to the Contributor
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Version against such Participant.
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If within 60 days of notice, a reasonable royalty and payment
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arrangement are not mutually agreed upon in writing by the parties or
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the litigation claim is not withdrawn, the rights granted by Participant to
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You under Sections 2.1 and/or 2.2 automatically terminate at the
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expiration of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's
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Contributor Version, directly or indirectly infringes any patent, then any
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rights granted to You by such Participant under Sections 2.1(b) and
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2.2(b) are revoked effective as of the date You first made, used, sold,
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distributed, or had made, Modifications made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging that
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such Participant's Contributor Version directly or indirectly infringes any patent
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where such claim is resolved (such as by license or settlement) prior to the
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initiation of patent infringement litigation, then the reasonable value of the
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licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or any distributor hereunder prior to termination shall
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survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
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CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
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FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
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AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
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SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
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PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
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APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
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(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
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software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June
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1995), all U.S. Government End Users acquire Covered Code with only those rights
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set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof. If
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any provision of this License is held to be unenforceable, such provision shall be
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reformed only to the extent necessary to make it enforceable. This License shall be
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governed by California law provisions (except to the extent applicable law, if any,
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provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
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in which at least one party is a citizen of, or an entity chartered or registered to do
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business in the United States of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party responsible for
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costs, including without limitation, court costs and reasonable attorneys' fees and
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expenses. The application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded. Any law or regulation which
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provides that the language of a contract shall be construed against the drafter shall
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not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible for claims
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and damages arising, directly or indirectly, out of its utilization of rights under this
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License and You agree to work with Initial Developer and Contributors to distribute
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such responsibility on an equitable basis. Nothing herein is intended or shall be
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deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
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"Multiple-Licensed" means that the Initial Devpoeloper permits you to utilize portions of
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the Covered Code under Your choice of the IDPL or the alternative licenses, if any,
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specified by the Initial Developer in the file described in Exhibit A.
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EXHIBIT A -Initial Developer's Public License.
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The contents of this file are subject to the Initial Developer's Public License Version 1.0
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(the "License"); you may not use this file except in compliance with the License. You
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may obtain a copy of the License at http://www.ibphoenix.com/idpl.html Software
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distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY
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OF ANY KIND, either express or implied. See the License for the specific language
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governing rights and limitations under the License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is ________________________.
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Portions created by ______________________ are Copyright (C) ______
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_______________________.
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All Rights Reserved.
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Contributor(s): ______________________________________.
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