OSX/libsecurity_asn1/MozillaPublicLicense1.1.html

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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>
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  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>&nbsp;</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,&nbsp; 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")&nbsp;</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>&nbsp;<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>&nbsp;</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;&nbsp; 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>&nbsp;</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>&nbsp;
 200
 201 <br><b>(a)</b>&nbsp;<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&nbsp; 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&nbsp; 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)&nbsp;</b>&nbsp;&nbsp; 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)&nbsp; separate from the Contributor Version;&nbsp;
 234
 235 3)&nbsp; for infringements caused by: i) third party modifications of Contributor
 236
 237 Version or ii)&nbsp; the combination of Modifications made by that Contributor
 238
 239 with other software&nbsp; (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>&nbsp;</ul>
 352
 353 &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <b>(c)&nbsp;&nbsp;&nbsp;
 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.&nbsp; 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.&nbsp; 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>.&nbsp; 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.&nbsp; 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.&nbsp; </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.&nbsp; </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")&nbsp; alleging that:
 568
 569 <p><b>(a)&nbsp; </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)&nbsp; 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.&nbsp; 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>&nbsp; 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.&nbsp; </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>&nbsp; In the event of termination under Sections 8.1 or
 620
 621 8.2 above,&nbsp; 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 <ul>Initial Developer may designate portions of the Covered Code as \93Multiple-Licensed\94.&nbsp;
 718
 719 \93Multiple-Licensed\94 means that the Initial Developer permits you to utilize
 720
 721 portions of the Covered Code under Your choice of the MPL or the alternative
 722
 723 licenses, if any, specified by the Initial Developer in the file described
 724
 725 in Exhibit A.</ul>
 726
 727
 728
 729 <p><br><b>EXHIBIT A -Mozilla Public License.</b>
 730
 731 <ul>``The contents of this file are subject to the Mozilla Public License
 732
 733 Version 1.1 (the "License"); you may not use this file except in compliance
 734
 735 with the License. You may obtain a copy of the License at
 736
 737 <br>http://www.mozilla.org/MPL/
 738
 739 <p>Software distributed under the License is distributed on an "AS IS"
 740
 741 basis, WITHOUT WARRANTY OF
 742
 743 <br>ANY KIND, either express or implied. See the License for the specific
 744
 745 language governing rights and
 746
 747 <br>limitations under the License.
 748
 749 <p>The Original Code is ______________________________________.
 750
 751 <p>The Initial Developer of the Original Code is ________________________.
 752
 753 Portions created by
 754
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