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23 <H2>Initial Developer's PUBLIC LICENSE Version 1.0</H2>
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30 <P>1.0 "<B>Commercial Use</B>" means distribution or
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31 otherwise making the Covered Code available to a third party.
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33 <P>1.1 ''<B>Contributor</B>'' means each entity that creates or
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34 contributes to the creation of Modifications.
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36 <P>1.2 ''<B>Contributor Version</B>'' means the combination of the
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37 Original Code, prior Modifications used by a Contributor, and the
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38 Modifications made by that particular Contributor.
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40 <P>1.3. ''<B>Covered Code</B>'' means the Original Code or
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41 Modifications or the combination of the Original Code and
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42 Modifications, in each case including portions thereof.
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44 <P>1.4. ''<B>Electronic Distribution Mechanism</B>'' means a
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45 mechanism generally accepted in the software development community
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46 for the electronic transfer of data.
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48 <P>1.5. ''<B>Executable</B>'' means Covered Code in any form other
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51 <P>1.6. ''<B>Initial Developer</B>'' means the individual or
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52 entity identified as the Initial Developer in the Source Code
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53 notice required by Exhibit A.
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55 <P>1.7. ''<B>Larger Work</B>'' means a work which combines Covered
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56 Code or portions thereof with code not governed by the terms of
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59 <P>1.8. ''<B>License</B>'' means this document.
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61 <P>1.8.1. "<B>Licensable</B>" means having the right to
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62 grant, to the maximum extent possible, whether at the time of the
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63 initial grant or subsequently acquired, any and all of the rights
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66 <P>1.9. ''<B>Modifications</B>'' means any addition to or deletion
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67 from the substance or structure of either the Original Code or any
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68 previous Modifications. When Covered Code is released as a series
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69 of files, a Modification is:
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71 <P>Any addition to or deletion from the contents of a file
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72 containing Original Code or previous Modifications.
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74 <P>Any new file that contains any part of the Original Code or
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75 previous Modifications.
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77 <P>1.10. ''<B>Original Code</B>'' means Source Code of computer
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78 software code which is described in the Source Code notice
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79 required by Exhibit A as Original Code, and which, at the time of
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80 its release under this License is not already Covered Code
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81 governed by this License.
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83 <P>1.10.1. "<B>Patent Claims</B>" means any patent
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84 claim(s), now owned or hereafter acquired, including without
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85 limitation, method, process, and apparatus claims, in any patent
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86 Licensable by grantor.
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88 <P>1.11. ''<B>Source Code</B>'' means the preferred form of the
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89 Covered Code for making modifications to it, including all modules
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90 it contains, plus any associated interface definition files,
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91 scripts used to control compilation and installation of an
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92 Executable, or source code differential comparisons against either
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93 the Original Code or another well known, available Covered Code of
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94 the Contributor's choice. The Source Code can be in a compressed
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95 or archival form, provided the appropriate decompression or
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96 de-archiving software is widely available for no charge.
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98 <P>1.12. "<B>You</B>'' (or "<B>Your</B>") means an
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99 individual or a legal entity exercising rights under, and
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100 complying with all of the terms of, this License or a future
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101 version of this License issued under Section 6.1. For legal
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102 entities, "You'' includes any entity w hich controls, is
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103 controlled by, or is under common control with You. For purposes
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104 of this definition, "control'' means (a) the power, direct or
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105 indirect, to cause the direction or management of such entity,
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106 whether by contract or otherwise, or (b) ownership of more than
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107 fifty percent (50%) of the outstanding shares or beneficial
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108 ownership of such entity.</P>
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109 <P>2. Source Code License.
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111 <P><B>2.1. The Initial Developer Grant.</B> The Initial Developer
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112 hereby grants You a world-wide, royalty-free, non-exclusive
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113 license, subject to third party intellectual property claims:
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115 <P>(a) under intellectual property rights (other than patent or
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116 trademark) Licensable by Initial Developer to use, reproduce,
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117 modify, display, perform, sublicense and distribute the Original
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118 Code (or portions thereof) with or without Modifications, and/or
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119 as part of a Larger Work; and
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121 <P>(b) under Patents Claims infringed by the making, using or
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122 selling of Original Code, to make, have made, use, practice, sell,
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123 and offer for sale, and/or otherwise dispose of the Original Code
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124 (or portions thereof).
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126 <P>(c) the licenses granted in this Section 2.1(a) and (b) are
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127 effective on the date Initial Developer first distributes Original
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128 Code under the terms of this License.
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130 <P>d) Notwithstanding Section 2.1(b) above, no patent license is
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132 <P>1) for code that You delete from the Original Code;
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134 <P>2) separate from the Original Code; or
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136 <P>3) for infringements caused by:
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138 <P>i) the modification of the Original Code or
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140 <P>ii) the combination of the Original Code with other software or
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143 <P><B>2.2. Contributor Grant.</B> Subject to third party
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144 intellectual property claims, each Contributor hereby grants You a
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145 world-wide, royalty-free, non-exclusive license
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147 <P>(a) under intellectual property rights (other than patent or
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148 trademark) Licensable by Contributor, to use, reproduce, modify,
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149 display, perform, sublicense and distribute the Modifications
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150 created by such Contributor (or portions thereof) either on an
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151 unmodified basis, with other Modifications, as Covered Code and/or
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152 as part of a Larger Work; and
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154 <P>(b) under Patent Claims infringed by the making, using, or
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155 selling of Modifications made by that Contributor either alone
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156 and/or in combination with its Contributor Version (or portions of
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157 such combination), to make, use, sell, offer for sale, have made,
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158 and/or otherwise dispose of: 1) Modifications made by that
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159 Contributor (or portions thereof); and 2) the combination of
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160 Modifications made by that Contributor with its Contributor
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161 Version (or portions of such combination).
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163 <P>(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
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164 effective on the date Contributor first makes Commercial Use of
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167 <P>(d) Notwithstanding Section 2.2(b) above, no patent license is
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170 <P>1) for any code that Contributor has deleted from the
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171 Contributor Version;
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173 <P>2) separate from the Contributor Version;
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175 <P>3) for infringements caused by: i) third party modifications of
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176 Contributor Version or
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178 <P>ii) the combination of Modifications made by that Contributor
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179 with other software (except as part of the Contributor Version) or
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182 <P>4) under Patent Claims infringed by Covered Code in the absence
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183 of Modifications made by that Contributor.
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185 <P>3. Distribution Obligations.
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187 <P><B>3.1. Application of License.</B> The Modifications which You
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188 create or to which You contribute are governed by the terms of
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189 this License, including without limitation Section 2.2. The Source
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190 Code version of Covered Code may be distributed only under the
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191 terms of this License or a future version of this License released
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192 under Section 6.1, and You must include a copy of this License
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193 with every copy of the Source Code You distribute. You may not
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194 offer or impose any terms on any Source Code version that alters
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195 or restricts the applicable version of this License or the
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196 recipients' rights hereunder. However, You may include an
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197 additional document offering the additional rights described in
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199 <P><B>3.2. Availability of Source Code</B>. Any Modification which
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200 You create or to which You contribute must be made available in
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201 Source Code form under the terms of this License either on the
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202 same media as an Executable version or via an accepted Electronic
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203 Distribution Mechanism to anyone to whom you made an Executable
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204 version available; and if made available via Electronic
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205 Distribution Mechanism, must remain available for at least twelve
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206 (12) months after the date it initially became available, or at
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207 least six (6) months after a subsequent version of that particular
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208 Modification has been made available to such recipients. You are
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209 responsible for ensuring that the Source Code version remains
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210 available even if the Electronic Distribution Mechanism is
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211 maintained by a third party.
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213 <P><B>3.3. Description of Modifications.</B> You must cause all
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214 Covered Code to which You contribute to contain a file documenting
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215 the changes You made to create that Covered Code and the date of
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216 any change. You must include a prominent statement that the
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217 Modification is derived, directly or indirectly, from Original
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218 Code provided by the Initial Developer and including the name of
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219 the Initial Developer in
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221 <P>(a) the Source Code, and
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223 <P>(b) in any notice in an Executable version or related
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224 documentation in which You describe the origin or ownership of the
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226 <P><B>3.4. Intellectual Property Matters </B>
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228 <P>a) Third Party Claims. If Contributor has knowledge that a
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229 license under a third party's intellectual property rights is
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230 required to exercise the rights granted by such Contributor under
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231 Sections 2.1 or 2.2, Contributor must include a text file with the
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232 Source Code distribution titled "LEGAL'' which describes the
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233 claim and the party making the claim in sufficient detail that a
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234 recipient will know whom to contact. If Contributor obtains such
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235 knowledge after the Modification is made available as described in
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236 Section 3.2, Contributor shall promptly modify the LEGAL file in
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237 all copies Contributor makes available thereafter and shall take
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238 other steps (such as notifying appropriate mailing lists or
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239 newsgroups) reasonably calculated to inform those who received the
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240 Covered Code that new knowledge has been obtained.
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242 <P>(b) Contributor APIs. If Contributor's Modifications include an
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243 application programming interface and Contributor has knowledge of
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244 patent licenses which are reasonably necessary to implement that
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245 API, Contributor must also include this information in the LEGAL
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248 <P>(c) Representations. Contributor represents that, except as
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249 disclosed pursuant to Section 3.4(a) above, Contributor believes
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250 that Contributor's Modifications are Contributor's original
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251 creation(s) and/or Contributor has sufficient rights to grant the
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252 rights conveyed by this License.
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254 <P><B>3.5. Required Notices.</B> You must duplicate the notice in
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255 Exhibit A in each file of the Source Code. If it is not possible
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256 to put such notice in a particular Source Code file due to its
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257 structure, then You must include such notice in a location (such
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258 as a relevant directory) where a user would be likely to look for
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259 such a notice. If You created one or more Modification(s) You may
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260 add your name as a Contributor to the notice described in Exhibit
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261 A. You must also duplicate this License in any documentation for
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262 the Source Code where You describe recipients' rights or ownership
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263 rights relating to Covered Code. You may choose to offer, and to
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264 charge a fee for, warranty, support, indemnity or liability
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265 obligations to one or more recipients of Covered Code. However,
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266 You may do so only on Your own behalf, and not on behalf of the
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267 Initial Developer or any Contributor. You must make it absolutely
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268 clear than any such warranty, support, indemnity or liability
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269 obligation is offered by You alone, and You hereby agree to
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270 indemnify the Initial Developer and every Contributor for any
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271 liability incurred by the Initial Developer or such Contributor as
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272 a result of warranty, support, indemnity or liability terms You
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275 <P><B>3.6. Distribution of Executable Versions.</B> You may
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276 distribute Covered Code in Executable form only if the
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277 requirements of Section 3.1-3.5 have been met for that Covered
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278 Code, and if You include a notice stating that the Source Code
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279 version of the Covered Code is available under the terms of this
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280 License, including a description of how and where You have
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281 fulfilled the obligations of Section 3.2. The notice must be
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282 conspicuously included in any notice in an Executable version,
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283 related documentation or collateral in which You describe
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284 recipients' rights relating to the Covered Code. You may
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285 distribute the Executable version of Covered Code or ownership
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286 rights under a license of Your choice, which may contain terms
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287 different from this License, provided that You are in compliance
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288 with the terms of this License and hat the license for the
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289 Executable version does not attempt to limit or alter the
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290 recipient's rights in the Source Code version from the rights set
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291 forth in this License. If You distribute the Executable version
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292 under a different license You must make it absolutely clear that
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293 any terms which differ from this License are offered by You alone,
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294 not by the Initial Developer or any Contributor. You hereby agree
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295 to indemnify the Initial Developer and every Contributor for any
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296 liability incurred by the Initial Developer or such Contributor as
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297 a result of any such terms You offer.
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299 <P><B>3.7. Larger Works.</B> You may create a Larger Work by
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300 combining Covered Code with other code not governed by the terms
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301 of this License and distribute the Larger Work as a single
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302 product. In such a case, You must make sure the requirements of
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303 this License are fulfilled for the Covered Code.
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305 <P>4. Inability to Comply Due to Statute or Regulation.
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307 <P>If it is impossible for You to comply with any of the terms of
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308 this License with respect to some or all of the Covered Code due
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309 to statute, judicial order, or regulation then You must:
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311 <P>(a) comply with the terms of this License to the maximum extent
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314 <P>(b) describe the limitations and the code they affect. Such
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315 description must be included in the LEGAL file described in
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316 Section 3.4 and must be included with all distributions of the
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317 Source Code. Except to the extent prohibited by statute or
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318 regulation, such description must be sufficiently detailed for a
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319 recipient of ordinary skill to be able to understand it.
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321 <P>5. Application of this License.</P>
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322 <P>This License applies to code to which the Initial Developer has
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323 attached the notice in Exhibit A and to related Covered Code.
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325 <P>6. Versions of the License.
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327 <P><B>6.1. New Versions.</B> The Initial Developer of this code
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328 may publish revised and/or new versions of the License from time
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329 to time. Each version will be given a distinguishing version
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332 <P><B>6.2. Effect of New Versions.</B> Once Covered Code has been
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333 published under a particular version of the License, You may
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334 always continue to use it under the terms of that version. You may
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335 also choose to use such Covered Code under the terms of any
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336 subsequent version of the License published by the Initial
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337 Developer. No one other than the Initial Developer has the right
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338 to modify the terms applicable to Covered Code created under this
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341 <P><B>6.3. Derivative Works.</B> If You create or use a modified
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342 version of this License (which you may only do in order to apply
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343 it to code which is not already Covered Code governed by this
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344 License), You must
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346 <P>(a) rename Your license so that the phrases ''Mozilla'',
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347 ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL",
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348 or any confusingly similar phrases do not appear in your license
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349 (except to note that your license differs from this License) and
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351 <P>(b) otherwise make it clear that Your version of the license
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352 contains terms which differ from the Mozilla Public License and
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353 Netscape Public License. (Filling in the name of the Initial
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354 Developer, Original Code or Contributor in the notice described in
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355 Exhibit A shall not of themselves be deemed to be modifications of
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358 <P><B>6.4 Origin of the Initial Developer's Public License.</B>
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359 The Initial Developer's Public License is based on the Mozilla
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360 Public License V 1.1 with the following changes:
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362 <P>1) The license is published by the Initial Developer of this
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363 code. Only the Initial Developer can modify the terms applicable
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366 <P>2) The license can be modified and used for code which is not
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367 already governed by this license. Modified versions of the license
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368 must be renamed to avoid confusion with Netscape's license Initial
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369 Developer's's license and must include a description of changes
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370 from the Initial Developer's Public License.
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372 <P>3) The name of the license in Exhibit A is the "Initial
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373 Developer's Public License".
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375 <P>4) The reference to an alternative license in Exhibit A has
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378 <P>5) Amendments I, II, III, V, and VI have been deleted.
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380 <P>6) Exhibit A, Netscape Public License has been deleted
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382 <P>7. DISCLAIMER OF WARRANTY.
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384 <P>COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS''
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385 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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386 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS
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387 FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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388 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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389 OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
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390 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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391 OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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392 REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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393 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS
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394 AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</P>
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395 <P>8. TERMINATION.
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397 <P>8.1. This License and the rights granted hereunder will
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398 terminate automatically if You fail to comply with terms herein
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399 and fail to cure such breach within 30 days of becoming aware of
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400 the breach. All sublicenses to the Covered Code which are properly
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401 granted shall survive any termination of this License. Provisions
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402 which, by their nature, must remain in effect beyond the
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403 termination of this License shall survive.
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405 <P>8.2. If You initiate litigation by asserting a patent
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406 infringement claim (excluding declatory judgment actions) against
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407 Initial Developer or a Contributor (the Initial Developer or
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408 Contributor against whom You file such action is referred to as
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409 "Participant") alleging that:
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411 <P>(a) such Participant's Contributor Version directly or
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412 indirectly infringes any patent, then any and all rights granted
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413 by such Participant to You under Sections 2.1 and/or 2.2 of this
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414 License shall, upon 60 days notice from Participant terminate
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415 prospectively, unless if within 60 days after receipt of notice
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418 <P>(i) agree in writing to pay Participant a mutually agreeable
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419 reasonable royalty for Your past and future use of Modifications
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420 made by such Participant, or</P>
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421 <P>(ii) withdraw Your litigation claim with respect to the
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422 Contributor Version against such Participant.
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424 <P>If within 60 days of notice, a reasonable royalty and payment
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425 arrangement are not mutually agreed upon in writing by the parties
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426 or the litigation claim is not withdrawn, the rights granted by
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427 Participant to You under Sections 2.1 and/or 2.2 automatically
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428 terminate at the expiration of the 60 day notice period specified
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430 <P>(b) any software, hardware, or device, other than such
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431 Participant's Contributor Version, directly or indirectly
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432 infringes any patent, then any rights granted to You by such
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433 Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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434 as of the date You first made, used, sold, distributed, or had
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435 made, Modifications made by that Participant.
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437 <P>8.3. If You assert a patent infringement claim against
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438 Participant alleging that such Participant's Contributor Version
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439 directly or indirectly infringes any patent where such claim is
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440 resolved (such as by license or settlement) prior to the
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441 initiation of patent infringement litigation, then the reasonable
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442 value of the licenses granted by such Participant under Sections
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443 2.1 or 2.2 shall be taken into account in determining the amount
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444 or value of any payment or license.
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446 <P>8.4. In the event of termination under Sections 8.1 or 8.2
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447 above, all end user license agreements (excluding distributors and
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448 resellers) which have been validly granted by You or any
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449 distributor hereunder prior to termination shall survive
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452 <P>9. LIMITATION OF LIABILITY.</P>
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453 <P>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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454 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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455 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
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456 COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
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457 ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
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458 DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
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459 FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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460 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
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461 EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
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462 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
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463 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
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464 NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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465 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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466 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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467 LIMITATION MAY NOT APPLY TO YOU.
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469 <P>10. U.S. GOVERNMENT END USERS.
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471 <P>The Covered Code is a ''commercial item,'' as that term is
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472 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial
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473 computer software'' and ''commercial computer software
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474 documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept.
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475 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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476 through 227.7202-4 (June 1995), all U.S. Government End Users
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477 acquire Covered Code with only those rights set forth herein.
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479 <P>11. MISCELLANEOUS.
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481 <P>This License represents the complete agreement concerning
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482 subject matter hereof. If any provision of this License is held to
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483 be unenforceable, such provision shall be reformed only to the
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484 extent necessary to make it enforceable. This License shall be
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485 governed by California law provisions (except to the extent
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486 applicable law, if any, provides otherwise), excluding its
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487 conflict-of-law provisions. With respect to disputes in which at
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488 least one party is a citizen of, or an entity chartered or
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489 registered to do business in the United States of America, any
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490 litigation relating to this License shall be subject to the
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491 jurisdiction of the Federal Courts of the Northern District of
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492 California, with venue lying in Santa Clara County, California,
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493 with the losing party responsible for costs, including without
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494 limitation, court costs and reasonable attorneys' fees and
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495 expenses. The application of the United Nations Convention on
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496 Contracts for the International Sale of Goods is expressly
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497 excluded. Any law or regulation which provides that the language
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498 of a contract shall be construed against the drafter shall not
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499 apply to this License.
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501 <P>12. RESPONSIBILITY FOR CLAIMS.
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503 <P>As between Initial Developer and the Contributors, each party
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504 is responsible for claims and damages arising, directly or
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505 indirectly, out of its utilization of rights under this License
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506 and You agree to work with Initial Developer and Contributors to
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507 distribute such responsibility on an equitable basis. Nothing
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508 herein is intended or shall be deemed to constitute any admission
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511 <P>13. MULTIPLE-LICENSED CODE.
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513 <P>Initial Developer may designate portions of the Covered Code as
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514 "Multiple-Licensed". "Multiple-Licensed" means
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515 that the Initial Devpoeloper permits you to utilize portions of
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516 the Covered Code under Your choice of the IDPL or the alternative
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517 licenses, if any, specified by the Initial Developer in the file
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518 described in Exhibit A.
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520 <P><B>EXHIBIT A</B> -Initial Developer's Public License.
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522 <P>The contents of this file are subject to the Initial
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523 Developer's Public License Version 1.0 (the "License");
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524 you may not use this file except in compliance with the License.
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525 You may obtain a copy of the License <A HREF="http://www.ibphoenix.com/main.nfs?a=ibphoenix&page=ibp_idpl">here.</A></P>
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526 <P>Software distributed under the License is distributed on an "AS
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527 IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or
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528 implied. See the License for the specific language governing
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529 rights and limitations under the License.
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531 <P>The Original Code is ______________________________________.
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533 <P>The Initial Developer of the Original Code is
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534 ________________________.
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536 <P>Portions created by ______________________ <BR>are Copyright
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537 (C) ______ _______________________.
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539 <P>All Rights Reserved.
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541 <P>Contributor(s): ______________________________________.
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