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9 | <meta name="GENERATOR" content="Mozilla/4.5 [en]C-NSCP (Win95; U) [Netscape]"> | |
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11 | <title>Mozilla Public License version 1.1</title> | |
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19 | <center><b><font size=+2>MOZILLA PUBLIC LICENSE</font></b> | |
20 | ||
21 | <br><b>Version 1.1</b> | |
22 | ||
23 | <p> | |
24 | ||
25 | <hr WIDTH="20%"></center> | |
26 | ||
27 | ||
28 | ||
29 | <p><b>1. Definitions.</b> | |
30 | ||
31 | <ul><b>1.0.1. "Commercial Use" </b>means distribution or otherwise making | |
32 | ||
33 | the Covered Code available to a third party. | |
34 | ||
35 | <p><b>1.1. ''Contributor''</b> means each entity that creates or contributes | |
36 | ||
37 | to the creation of Modifications. | |
38 | ||
39 | <p><b>1.2. ''Contributor Version''</b> means the combination of the Original | |
40 | ||
41 | Code, prior Modifications used by a Contributor, and the Modifications | |
42 | ||
43 | made by that particular Contributor. | |
44 | ||
45 | <p><b>1.3. ''Covered Code''</b> means the Original Code or Modifications | |
46 | ||
47 | or the combination of the Original Code and Modifications, in each case | |
48 | ||
49 | including portions thereof<b>.</b> | |
50 | ||
51 | <p><b>1.4. ''Electronic Distribution Mechanism''</b> means a mechanism | |
52 | ||
53 | generally accepted in the software development community for the electronic | |
54 | ||
55 | transfer of data. | |
56 | ||
57 | <p><b>1.5. ''Executable''</b> means Covered Code in any form other than | |
58 | ||
59 | Source Code. | |
60 | ||
61 | <p><b>1.6. ''Initial Developer''</b> means the individual or entity identified | |
62 | ||
63 | as the Initial Developer in the Source Code notice required by <b>Exhibit | |
64 | ||
65 | A</b>. | |
66 | ||
67 | <p><b>1.7. ''Larger Work''</b> means a work which combines Covered Code | |
68 | ||
69 | or portions thereof with code not governed by the terms of this License. | |
70 | ||
71 | <p><b>1.8. ''License''</b> means this document. | |
72 | ||
73 | <p><b>1.8.1. "Licensable"</b> means having the right to grant, to the maximum | |
74 | ||
75 | extent possible, whether at the time of the initial grant or subsequently | |
76 | ||
77 | acquired, any and all of the rights conveyed herein. | |
78 | ||
79 | <p><b>1.9. ''Modifications''</b> means any addition to or deletion from | |
80 | ||
81 | the substance or structure of either the Original Code or any previous | |
82 | ||
83 | Modifications. When Covered Code is released as a series of files, a Modification | |
84 | ||
85 | is: | |
86 | ||
87 | <ul><b>A.</b> Any addition to or deletion from the contents of a file containing | |
88 | ||
89 | Original Code or previous Modifications. | |
90 | ||
91 | <p><b>B.</b> Any new file that contains any part of the Original Code or | |
92 | ||
93 | previous Modifications. | |
94 | ||
95 | <br> </ul> | |
96 | ||
97 | <b>1.10. ''Original Code''</b> means Source Code of computer software code | |
98 | ||
99 | which is described in the Source Code notice required by <b>Exhibit A</b> | |
100 | ||
101 | as Original Code, and which, at the time of its release under this License | |
102 | ||
103 | is not already Covered Code governed by this License. | |
104 | ||
105 | <p><b>1.10.1. "Patent Claims"</b> means any patent claim(s), now owned | |
106 | ||
107 | or hereafter acquired, including without limitation, method, process, | |
108 | ||
109 | and apparatus claims, in any patent Licensable by grantor. | |
110 | ||
111 | <p><b>1.11. ''Source Code''</b> means the preferred form of the Covered | |
112 | ||
113 | Code for making modifications to it, including all modules it contains, | |
114 | ||
115 | plus any associated interface definition files, scripts used to control | |
116 | ||
117 | compilation and installation of an Executable, or source code differential | |
118 | ||
119 | comparisons against either the Original Code or another well known, available | |
120 | ||
121 | Covered Code of the Contributor's choice. The Source Code can be in a compressed | |
122 | ||
123 | or archival form, provided the appropriate decompression or de-archiving | |
124 | ||
125 | software is widely available for no charge. | |
126 | ||
127 | <p><b>1.12. "You'' (or "Your") </b> means an individual or a legal | |
128 | ||
129 | entity exercising rights under, and complying with all of the terms of, | |
130 | ||
131 | this License or a future version of this License issued under Section 6.1. | |
132 | ||
133 | For legal entities, "You'' includes any entity which controls, is controlled | |
134 | ||
135 | by, or is under common control with You. For purposes of this definition, | |
136 | ||
137 | "control'' means (a) the power, direct or indirect, to cause the direction | |
138 | ||
139 | or management of such entity, whether by contract or otherwise, or (b) | |
140 | ||
141 | ownership of more than fifty percent (50%) of the outstanding shares or | |
142 | ||
143 | beneficial ownership of such entity.</ul> | |
144 | ||
145 | <b>2. Source Code License.</b> | |
146 | ||
147 | <ul><b>2.1. The Initial Developer Grant.</b> | |
148 | ||
149 | <br>The Initial Developer hereby grants You a world-wide, royalty-free, | |
150 | ||
151 | non-exclusive license, subject to third party intellectual property claims: | |
152 | ||
153 | <ul><b>(a)</b> <b> </b>under intellectual property rights (other than | |
154 | ||
155 | patent or trademark) Licensable by Initial Developer to use, reproduce, | |
156 | ||
157 | modify, display, perform, sublicense and distribute the Original Code (or | |
158 | ||
159 | portions thereof) with or without Modifications, and/or as part of a Larger | |
160 | ||
161 | Work; and | |
162 | ||
163 | <p><b>(b)</b> under Patents Claims infringed by the making, using or selling | |
164 | ||
165 | of Original Code, to make, have made, use, practice, sell, and offer for | |
166 | ||
167 | sale, and/or otherwise dispose of the Original Code (or portions thereof). | |
168 | ||
169 | <ul> | |
170 | ||
171 | <ul> </ul> | |
172 | ||
173 | </ul> | |
174 | ||
175 | <b>(c) </b>the licenses granted in this Section 2.1(a) and (b) are effective | |
176 | ||
177 | on the date Initial Developer first distributes Original Code under the | |
178 | ||
179 | terms of this License. | |
180 | ||
181 | <p><b>(d) </b>Notwithstanding Section 2.1(b) above, no patent license is | |
182 | ||
183 | granted: 1) for code that You delete from the Original Code; 2) separate | |
184 | ||
185 | from the Original Code; or 3) for infringements caused by: i) the | |
186 | ||
187 | modification of the Original Code or ii) the combination of the Original | |
188 | ||
189 | Code with other software or devices. | |
190 | ||
191 | <br> </ul> | |
192 | ||
193 | <b>2.2. Contributor Grant.</b> | |
194 | ||
195 | <br>Subject to third party intellectual property claims, each Contributor | |
196 | ||
197 | hereby grants You a world-wide, royalty-free, non-exclusive license | |
198 | ||
199 | <ul> | |
200 | ||
201 | <br><b>(a)</b> <b> </b>under intellectual property rights (other than | |
202 | ||
203 | patent or trademark) Licensable by Contributor, to use, reproduce, modify, | |
204 | ||
205 | display, perform, sublicense and distribute the Modifications created by | |
206 | ||
207 | such Contributor (or portions thereof) either on an unmodified basis, with | |
208 | ||
209 | other Modifications, as Covered Code and/or as part of a Larger Work; and | |
210 | ||
211 | <p><b>(b)</b> under Patent Claims infringed by the making, using, or selling | |
212 | ||
213 | of Modifications made by that Contributor either alone and/or in<font color="#000000"> | |
214 | ||
215 | combination with its Contributor Version (or portions of such combination), | |
216 | ||
217 | to make, use, sell, offer for sale, have made, and/or otherwise dispose | |
218 | ||
219 | of: 1) Modifications made by that Contributor (or portions thereof); and | |
220 | ||
221 | 2) the combination of Modifications made by that Contributor with | |
222 | ||
223 | its Contributor Version (or portions of such combination).</font> | |
224 | ||
225 | <p><b>(c) </b>the licenses granted in Sections 2.2(a) and 2.2(b) are effective | |
226 | ||
227 | on the date Contributor first makes Commercial Use of the Covered Code. | |
228 | ||
229 | <p><b>(d) </b> Notwithstanding Section 2.2(b) above, no | |
230 | ||
231 | patent license is granted: 1) for any code that Contributor has deleted | |
232 | ||
233 | from the Contributor Version; 2) separate from the Contributor Version; | |
234 | ||
235 | 3) for infringements caused by: i) third party modifications of Contributor | |
236 | ||
237 | Version or ii) the combination of Modifications made by that Contributor | |
238 | ||
239 | with other software (except as part of the Contributor Version) or | |
240 | ||
241 | other devices; or 4) under Patent Claims infringed by Covered Code in the | |
242 | ||
243 | absence of Modifications made by that Contributor.</ul> | |
244 | ||
245 | </ul> | |
246 | ||
247 | ||
248 | ||
249 | <p><br><b>3. Distribution Obligations.</b> | |
250 | ||
251 | <ul><b>3.1. Application of License.</b> | |
252 | ||
253 | <br>The Modifications which You create or to which You contribute are governed | |
254 | ||
255 | by the terms of this License, including without limitation Section <b>2.2</b>. | |
256 | ||
257 | The Source Code version of Covered Code may be distributed only under the | |
258 | ||
259 | terms of this License or a future version of this License released under | |
260 | ||
261 | Section <b>6.1</b>, and You must include a copy of this License with every | |
262 | ||
263 | copy of the Source Code You distribute. You may not offer or impose any | |
264 | ||
265 | terms on any Source Code version that alters or restricts the applicable | |
266 | ||
267 | version of this License or the recipients' rights hereunder. However, You | |
268 | ||
269 | may include an additional document offering the additional rights described | |
270 | ||
271 | in Section <b>3.5</b>. | |
272 | ||
273 | <p><b>3.2. Availability of Source Code.</b> | |
274 | ||
275 | <br>Any Modification which You create or to which You contribute must be | |
276 | ||
277 | made available in Source Code form under the terms of this License either | |
278 | ||
279 | on the same media as an Executable version or via an accepted Electronic | |
280 | ||
281 | Distribution Mechanism to anyone to whom you made an Executable version | |
282 | ||
283 | available; and if made available via Electronic Distribution Mechanism, | |
284 | ||
285 | must remain available for at least twelve (12) months after the date it | |
286 | ||
287 | initially became available, or at least six (6) months after a subsequent | |
288 | ||
289 | version of that particular Modification has been made available to such | |
290 | ||
291 | recipients. You are responsible for ensuring that the Source Code version | |
292 | ||
293 | remains available even if the Electronic Distribution Mechanism is maintained | |
294 | ||
295 | by a third party. | |
296 | ||
297 | <p><b>3.3. Description of Modifications.</b> | |
298 | ||
299 | <br>You must cause all Covered Code to which You contribute to contain | |
300 | ||
301 | a file documenting the changes You made to create that Covered Code and | |
302 | ||
303 | the date of any change. You must include a prominent statement that the | |
304 | ||
305 | Modification is derived, directly or indirectly, from Original Code provided | |
306 | ||
307 | by the Initial Developer and including the name of the Initial Developer | |
308 | ||
309 | in (a) the Source Code, and (b) in any notice in an Executable version | |
310 | ||
311 | or related documentation in which You describe the origin or ownership | |
312 | ||
313 | of the Covered Code. | |
314 | ||
315 | <p><b>3.4. Intellectual Property Matters</b> | |
316 | ||
317 | <ul><b>(a) Third Party Claims</b>. | |
318 | ||
319 | <br>If Contributor has knowledge that a license under a third party's intellectual | |
320 | ||
321 | property rights is required to exercise the rights granted by such Contributor | |
322 | ||
323 | under Sections 2.1 or 2.2, Contributor must include a text file with the | |
324 | ||
325 | Source Code distribution titled "LEGAL'' which describes the claim and | |
326 | ||
327 | the party making the claim in sufficient detail that a recipient will know | |
328 | ||
329 | whom to contact. If Contributor obtains such knowledge after the Modification | |
330 | ||
331 | is made available as described in Section 3.2, Contributor shall promptly | |
332 | ||
333 | modify the LEGAL file in all copies Contributor makes available thereafter | |
334 | ||
335 | and shall take other steps (such as notifying appropriate mailing lists | |
336 | ||
337 | or newsgroups) reasonably calculated to inform those who received the Covered | |
338 | ||
339 | Code that new knowledge has been obtained. | |
340 | ||
341 | <p><b>(b) Contributor APIs</b>. | |
342 | ||
343 | <br>If Contributor's Modifications include an application programming interface | |
344 | ||
345 | and Contributor has knowledge of patent licenses which are reasonably necessary | |
346 | ||
347 | to implement that API, Contributor must also include this information in | |
348 | ||
349 | the LEGAL file. | |
350 | ||
351 | <br> </ul> | |
352 | ||
353 | <b>(c) | |
354 | ||
355 | Representations.</b> | |
356 | ||
357 | <ul>Contributor represents that, except as disclosed pursuant to Section | |
358 | ||
359 | 3.4(a) above, Contributor believes that Contributor's Modifications are | |
360 | ||
361 | Contributor's original creation(s) and/or Contributor has sufficient rights | |
362 | ||
363 | to grant the rights conveyed by this License.</ul> | |
364 | ||
365 | ||
366 | ||
367 | <p><br><b>3.5. Required Notices.</b> | |
368 | ||
369 | <br>You must duplicate the notice in <b>Exhibit A</b> in each file of the | |
370 | ||
371 | Source Code. If it is not possible to put such notice in a particular | |
372 | ||
373 | Source Code file due to its structure, then You must include such notice | |
374 | ||
375 | in a location (such as a relevant directory) where a user would be likely | |
376 | ||
377 | to look for such a notice. If You created one or more Modification(s) | |
378 | ||
379 | You may add your name as a Contributor to the notice described in <b>Exhibit | |
380 | ||
381 | A</b>. You must also duplicate this License in any documentation | |
382 | ||
383 | for the Source Code where You describe recipients' rights or ownership | |
384 | ||
385 | rights relating to Covered Code. You may choose to offer, and to | |
386 | ||
387 | charge a fee for, warranty, support, indemnity or liability obligations | |
388 | ||
389 | to one or more recipients of Covered Code. However, You may do so only | |
390 | ||
391 | on Your own behalf, and not on behalf of the Initial Developer or any Contributor. | |
392 | ||
393 | You must make it absolutely clear than any such warranty, support, indemnity | |
394 | ||
395 | or liability obligation is offered by You alone, and You hereby agree to | |
396 | ||
397 | indemnify the Initial Developer and every Contributor for any liability | |
398 | ||
399 | incurred by the Initial Developer or such Contributor as a result of warranty, | |
400 | ||
401 | support, indemnity or liability terms You offer. | |
402 | ||
403 | <p><b>3.6. Distribution of Executable Versions.</b> | |
404 | ||
405 | <br>You may distribute Covered Code in Executable form only if the requirements | |
406 | ||
407 | of Section <b>3.1-3.5</b> have been met for that Covered Code, and if You | |
408 | ||
409 | include a notice stating that the Source Code version of the Covered Code | |
410 | ||
411 | is available under the terms of this License, including a description of | |
412 | ||
413 | how and where You have fulfilled the obligations of Section <b>3.2</b>. | |
414 | ||
415 | The notice must be conspicuously included in any notice in an Executable | |
416 | ||
417 | version, related documentation or collateral in which You describe recipients' | |
418 | ||
419 | rights relating to the Covered Code. You may distribute the Executable | |
420 | ||
421 | version of Covered Code or ownership rights under a license of Your choice, | |
422 | ||
423 | which may contain terms different from this License, provided that You | |
424 | ||
425 | are in compliance with the terms of this License and that the license for | |
426 | ||
427 | the Executable version does not attempt to limit or alter the recipient's | |
428 | ||
429 | rights in the Source Code version from the rights set forth in this License. | |
430 | ||
431 | If You distribute the Executable version under a different license You | |
432 | ||
433 | must make it absolutely clear that any terms which differ from this License | |
434 | ||
435 | are offered by You alone, not by the Initial Developer or any Contributor. | |
436 | ||
437 | You hereby agree to indemnify the Initial Developer and every Contributor | |
438 | ||
439 | for any liability incurred by the Initial Developer or such Contributor | |
440 | ||
441 | as a result of any such terms You offer. | |
442 | ||
443 | <p><b>3.7. Larger Works.</b> | |
444 | ||
445 | <br>You may create a Larger Work by combining Covered Code with other code | |
446 | ||
447 | not governed by the terms of this License and distribute the Larger Work | |
448 | ||
449 | as a single product. In such a case, You must make sure the requirements | |
450 | ||
451 | of this License are fulfilled for the Covered Code.</ul> | |
452 | ||
453 | <b>4. Inability to Comply Due to Statute or Regulation.</b> | |
454 | ||
455 | <ul>If it is impossible for You to comply with any of the terms of this | |
456 | ||
457 | License with respect to some or all of the Covered Code due to statute, | |
458 | ||
459 | judicial order, or regulation then You must: (a) comply with the terms | |
460 | ||
461 | of this License to the maximum extent possible; and (b) describe the limitations | |
462 | ||
463 | and the code they affect. Such description must be included in the LEGAL | |
464 | ||
465 | file described in Section <b>3.4</b> and must be included with all distributions | |
466 | ||
467 | of the Source Code. Except to the extent prohibited by statute or regulation, | |
468 | ||
469 | such description must be sufficiently detailed for a recipient of ordinary | |
470 | ||
471 | skill to be able to understand it.</ul> | |
472 | ||
473 | <b>5. Application of this License.</b> | |
474 | ||
475 | <ul>This License applies to code to which the Initial Developer has attached | |
476 | ||
477 | the notice in <b>Exhibit A</b> and to related Covered Code.</ul> | |
478 | ||
479 | <b>6. Versions of the License.</b> | |
480 | ||
481 | <ul><b>6.1. New Versions</b>. | |
482 | ||
483 | <br>Netscape Communications Corporation (''Netscape'') may publish revised | |
484 | ||
485 | and/or new versions of the License from time to time. Each version will | |
486 | ||
487 | be given a distinguishing version number. | |
488 | ||
489 | <p><b>6.2. Effect of New Versions</b>. | |
490 | ||
491 | <br>Once Covered Code has been published under a particular version of | |
492 | ||
493 | the License, You may always continue to use it under the terms of that | |
494 | ||
495 | version. You may also choose to use such Covered Code under the terms of | |
496 | ||
497 | any subsequent version of the License published by Netscape. No one other | |
498 | ||
499 | than Netscape has the right to modify the terms applicable to Covered Code | |
500 | ||
501 | created under this License. | |
502 | ||
503 | <p><b>6.3. Derivative Works</b>. | |
504 | ||
505 | <br>If You create or use a modified version of this License (which you | |
506 | ||
507 | may only do in order to apply it to code which is not already Covered Code | |
508 | ||
509 | governed by this License), You must (a) rename Your license so that the | |
510 | ||
511 | phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' | |
512 | ||
513 | or any confusingly similar phrase do not appear in your license (except | |
514 | ||
515 | to note that your license differs from this License) and (b) otherwise | |
516 | ||
517 | make it clear that Your version of the license contains terms which differ | |
518 | ||
519 | from the Mozilla Public License and Netscape Public License. (Filling in | |
520 | ||
521 | the name of the Initial Developer, Original Code or Contributor in the | |
522 | ||
523 | notice described in <b>Exhibit A</b> shall not of themselves be deemed | |
524 | ||
525 | to be modifications of this License.)</ul> | |
526 | ||
527 | <b>7. DISCLAIMER OF WARRANTY.</b> | |
528 | ||
529 | <ul>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT | |
530 | ||
531 | WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, | |
532 | ||
533 | WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT | |
534 | ||
535 | FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY | |
536 | ||
537 | AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE | |
538 | ||
539 | PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER | |
540 | ||
541 | CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. | |
542 | ||
543 | THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. | |
544 | ||
545 | NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</ul> | |
546 | ||
547 | <b>8. TERMINATION.</b> | |
548 | ||
549 | <ul><b>8.1. </b>This License and the rights granted hereunder will | |
550 | ||
551 | terminate automatically if You fail to comply with terms herein and fail | |
552 | ||
553 | to cure such breach within 30 days of becoming aware of the breach. All | |
554 | ||
555 | sublicenses to the Covered Code which are properly granted shall survive | |
556 | ||
557 | any termination of this License. Provisions which, by their nature, must | |
558 | ||
559 | remain in effect beyond the termination of this License shall survive. | |
560 | ||
561 | <p><b>8.2. </b>If You initiate litigation by asserting a patent infringement | |
562 | ||
563 | claim (excluding declatory judgment actions) against Initial Developer | |
564 | ||
565 | or a Contributor (the Initial Developer or Contributor against whom You | |
566 | ||
567 | file such action is referred to as "Participant") alleging that: | |
568 | ||
569 | <p><b>(a) </b>such Participant's Contributor Version directly or | |
570 | ||
571 | indirectly infringes any patent, then any and all rights granted by such | |
572 | ||
573 | Participant to You under Sections 2.1 and/or 2.2 of this License shall, | |
574 | ||
575 | upon 60 days notice from Participant terminate prospectively, unless if | |
576 | ||
577 | within 60 days after receipt of notice You either: (i) agree in writing | |
578 | ||
579 | to pay Participant a mutually agreeable reasonable royalty for Your past | |
580 | ||
581 | and future use of Modifications made by such Participant, or (ii) withdraw | |
582 | ||
583 | Your litigation claim with respect to the Contributor Version against such | |
584 | ||
585 | Participant. If within 60 days of notice, a reasonable royalty and | |
586 | ||
587 | payment arrangement are not mutually agreed upon in writing by the parties | |
588 | ||
589 | or the litigation claim is not withdrawn, the rights granted by Participant | |
590 | ||
591 | to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration | |
592 | ||
593 | of the 60 day notice period specified above. | |
594 | ||
595 | <p><b>(b)</b> any software, hardware, or device, other than such | |
596 | ||
597 | Participant's Contributor Version, directly or indirectly infringes any | |
598 | ||
599 | patent, then any rights granted to You by such Participant under Sections | |
600 | ||
601 | 2.1(b) and 2.2(b) are revoked effective as of the date You first made, | |
602 | ||
603 | used, sold, distributed, or had made, Modifications made by that Participant. | |
604 | ||
605 | <p><b>8.3. </b>If You assert a patent infringement claim against | |
606 | ||
607 | Participant alleging that such Participant's Contributor Version directly | |
608 | ||
609 | or indirectly infringes any patent where such claim is resolved (such as | |
610 | ||
611 | by license or settlement) prior to the initiation of patent infringement | |
612 | ||
613 | litigation, then the reasonable value of the licenses granted by such Participant | |
614 | ||
615 | under Sections 2.1 or 2.2 shall be taken into account in determining the | |
616 | ||
617 | amount or value of any payment or license. | |
618 | ||
619 | <p><b>8.4.</b> In the event of termination under Sections 8.1 or | |
620 | ||
621 | 8.2 above, all end user license agreements (excluding distributors | |
622 | ||
623 | and resellers) which have been validly granted by You or any distributor | |
624 | ||
625 | hereunder prior to termination shall survive termination.</ul> | |
626 | ||
627 | <b>9. LIMITATION OF LIABILITY.</b> | |
628 | ||
629 | <ul>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING | |
630 | ||
631 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, | |
632 | ||
633 | ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER | |
634 | ||
635 | OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, | |
636 | ||
637 | INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT | |
638 | ||
639 | LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE | |
640 | ||
641 | OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN | |
642 | ||
643 | IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. | |
644 | ||
645 | THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR | |
646 | ||
647 | PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE | |
648 | ||
649 | LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION | |
650 | ||
651 | OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION | |
652 | ||
653 | AND LIMITATION MAY NOT APPLY TO YOU.</ul> | |
654 | ||
655 | <b>10. U.S. GOVERNMENT END USERS.</b> | |
656 | ||
657 | <ul>The Covered Code is a ''commercial item,'' as that term is defined | |
658 | ||
659 | in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' | |
660 | ||
661 | and ''commercial computer software documentation,'' as such terms are used | |
662 | ||
663 | in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and | |
664 | ||
665 | 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government | |
666 | ||
667 | End Users acquire Covered Code with only those rights set forth herein.</ul> | |
668 | ||
669 | <b>11. MISCELLANEOUS.</b> | |
670 | ||
671 | <ul>This License represents the complete agreement concerning subject matter | |
672 | ||
673 | hereof. If any provision of this License is held to be unenforceable, such | |
674 | ||
675 | provision shall be reformed only to the extent necessary to make it enforceable. | |
676 | ||
677 | This License shall be governed by California law provisions (except to | |
678 | ||
679 | the extent applicable law, if any, provides otherwise), excluding its conflict-of-law | |
680 | ||
681 | provisions. With respect to disputes in which at least one party is a citizen | |
682 | ||
683 | of, or an entity chartered or registered to do business in the United States | |
684 | ||
685 | of America, any litigation relating to this License shall be subject to | |
686 | ||
687 | the jurisdiction of the Federal Courts of the Northern District of California, | |
688 | ||
689 | with venue lying in Santa Clara County, California, with the losing party | |
690 | ||
691 | responsible for costs, including without limitation, court costs and reasonable | |
692 | ||
693 | attorneys' fees and expenses. The application of the United Nations Convention | |
694 | ||
695 | on Contracts for the International Sale of Goods is expressly excluded. | |
696 | ||
697 | Any law or regulation which provides that the language of a contract shall | |
698 | ||
699 | be construed against the drafter shall not apply to this License.</ul> | |
700 | ||
701 | <b>12. RESPONSIBILITY FOR CLAIMS.</b> | |
702 | ||
703 | <ul>As between Initial Developer and the Contributors, each party is responsible | |
704 | ||
705 | for claims and damages arising, directly or indirectly, out of its utilization | |
706 | ||
707 | of rights under this License and You agree to work with Initial Developer | |
708 | ||
709 | and Contributors to distribute such responsibility on an equitable basis. | |
710 | ||
711 | Nothing herein is intended or shall be deemed to constitute any admission | |
712 | ||
713 | of liability.</ul> | |
714 | ||
715 | <b>13. MULTIPLE-LICENSED CODE.</b> | |
716 | ||
717 | Content-type: text/html ]>