319 lines
16 KiB
Plaintext
319 lines
16 KiB
Plaintext
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
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Version 1.0
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1. Definitions.
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1.1. “Contributor” means each individual or entity that creates or contributes
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to the creation of Modifications.
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1.2. “Contributor Version” means the combination of the Original Software,
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prior Modifications used by a Contributor (if any), and the Modifications made
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by that particular Contributor.
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1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
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or (c) the combination of files containing Original Software with files
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containing Modifications, in each case including portions thereof.
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1.4. “Executable” means the Covered Software in any form other than Source
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Code.
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1.5. “Initial Developer” means the individual or entity that first makes
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Original Software available under this License.
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1.6. “Larger Work” means a work which combines Covered Software or portions
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thereof with code not governed by the terms of this License.
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1.7. “License” means this document.
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1.8. “Licensable” means having the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9. “Modifications” means the Source Code and Executable form of any of the
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following:
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A. Any file that results from an addition to, deletion from or modification of
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the contents of a file containing Original Software or previous Modifications;
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B. Any new file that contains any part of the Original Software or previous
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Modification; or
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C. Any new file that is contributed or otherwise made available under the
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terms of this License.
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1.10. “Original Software” means the Source Code and Executable form of
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computer software code that is originally released under this License.
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1.11. “Patent Claims” means any patent claim(s), now owned or hereafter
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acquired, including without limitation, method, process, and apparatus claims,
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in any patent Licensable by grantor.
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1.12. “Source Code” means (a) the common form of computer software code in
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which modifications are made and (b) associated documentation included in or
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with such code.
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1.13. “You” (or “Your”) means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License. For legal
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entities, “You” includes any entity which controls, is controlled by, or is
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under common control with You. For purposes of this definition, “control”
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means (a) the power, direct or indirect, to cause the direction or management
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of such entity, whether by contract or otherwise, or (b) ownership of more
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than fifty percent (50%) of the outstanding shares or beneficial ownership of
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such entity.
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2. License Grants.
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2.1. The Initial Developer Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to third
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party intellectual property claims, the Initial Developer hereby grants You a
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world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer, to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Software (or portions thereof), with or
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without Modifications, and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using or selling of Original
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Software, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Software (or portions thereof).
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(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
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Initial Developer first distributes or otherwise makes the Original Software
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available to a third party under the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
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for code that You delete from the Original Software, or (2) for infringements
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caused by: (i) the modification of the Original Software, or (ii) the
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combination of the Original Software with other software or devices.
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2.2. Contributor Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to third
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party intellectual property claims, each Contributor hereby grants You a
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world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof), either on an unmodified basis, with other Modifications, as
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Covered Software and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination with
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its Contributor Version (or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
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by that Contributor (or portions thereof); and (2) the combination of
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Modifications made by that Contributor with its Contributor Version (or
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portions of such combination).
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first distributes or otherwise makes the Modifications
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available to a third party.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
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for any code that Contributor has deleted from the Contributor Version; (2)
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for infringements caused by: (i) third party modifications of Contributor
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Version, or (ii) the combination of Modifications made by that Contributor
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with other software (except as part of the Contributor Version) or other
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devices; or (3) under Patent Claims infringed by Covered Software in the
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absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make available in
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Executable form must also be made available in Source Code form and that
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Source Code form must be distributed only under the terms of this License. You
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must include a copy of this License with every copy of the Source Code form of
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the Covered Software You distribute or otherwise make available. You must
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inform recipients of any such Covered Software in Executable form as to how
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they can obtain such Covered Software in Source Code form in a reasonable
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manner on or through a medium customarily used for software exchange.
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3.2. Modifications.
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The Modifications that You create or to which You contribute are governed by
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the terms of this License. You represent that You believe Your Modifications
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are Your original creation(s) and/or You have sufficient rights to grant the
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rights conveyed by this License.
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3.3. Required Notices.
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You must include a notice in each of Your Modifications that identifies You as
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the Contributor of the Modification. You may not remove or alter any
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copyright, patent or trademark notices contained within the Covered Software,
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or any notices of licensing or any descriptive text giving attribution to any
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Contributor or the Initial Developer.
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3.4. Application of Additional Terms.
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You may not offer or impose any terms on any Covered Software in Source Code
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form that alters or restricts the applicable version of this License or the
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recipients’ rights hereunder. You may choose to offer, and to charge a fee
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for, warranty, support, indemnity or liability obligations to one or more
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recipients of Covered Software. However, you may do so only on Your own
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behalf, and not on behalf of the Initial Developer or any Contributor. You
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must make it absolutely clear that any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree to
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indemnify the Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result of warranty,
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support, indemnity or liability terms You offer.
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3.5. Distribution of Executable Versions.
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You may distribute the Executable form of the Covered Software under the terms
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of this License or under the terms of a license of Your choice, which may
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contain terms different from this License, provided that You are in compliance
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with the terms of this License and that the license for the Executable form
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does not attempt to limit or alter the recipient’s rights in the Source Code
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form from the rights set forth in this License. If You distribute the Covered
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Software in Executable form under a different license, You must make it
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absolutely clear that any terms which differ from this License are offered by
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You alone, not by the Initial Developer or Contributor. You hereby agree to
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indemnify the Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result of any such
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terms You offer.
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3.6. Larger Works.
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You may create a Larger Work by combining Covered Software with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Software.
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4. Versions of the License.
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4.1. New Versions.
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Sun Microsystems, Inc. is the initial license steward and may publish revised
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and/or new versions of this License from time to time. Each version will be
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given a distinguishing version number. Except as provided in Section 4.3, no
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one other than the license steward has the right to modify this License.
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4.2. Effect of New Versions.
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You may always continue to use, distribute or otherwise make the Covered
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Software available under the terms of the version of the License under which
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You originally received the Covered Software. If the Initial Developer
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includes a notice in the Original Software prohibiting it from being
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distributed or otherwise made available under any subsequent version of the
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License, You must distribute and make the Covered Software available under the
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terms of the version of the License under which You originally received the
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Covered Software. Otherwise, You may also choose to use, distribute or
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otherwise make the Covered Software available under the terms of any
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subsequent version of the License published by the license steward.
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4.3. Modified Versions.
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When You are an Initial Developer and You want to create a new license for
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Your Original Software, You may create and use a modified version of this
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License if You: (a) rename the license and remove any references to the name
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of the license steward (except to note that the license differs from this
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License); and (b) otherwise make it clear that the license contains terms
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which differ from this License.
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5. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
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AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
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ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
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DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
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HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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6. TERMINATION.
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6.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure such
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breach within 30 days of becoming aware of the breach. Provisions which, by
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their nature, must remain in effect beyond the termination of this License
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shall survive.
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6.2. If You assert a patent infringement claim (excluding declaratory judgment
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actions) against Initial Developer or a Contributor (the Initial Developer or
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Contributor against whom You assert such claim is referred to as
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“Participant”) alleging that the Participant Software (meaning the Contributor
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Version where the Participant is a Contributor or the Original Software where
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the Participant is the Initial Developer) directly or indirectly infringes any
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patent, then any and all rights granted directly or indirectly to You by such
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Participant, the Initial Developer (if the Initial Developer is not the
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Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
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License shall, upon 60 days notice from Participant terminate prospectively
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and automatically at the expiration of such 60 day notice period, unless if
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within such 60 day period You withdraw Your claim with respect to the
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Participant Software against such Participant either unilaterally or pursuant
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to a written agreement with Participant.
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6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
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licenses that have been validly granted by You or any distributor hereunder
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prior to termination (excluding licenses granted to You by any distributor)
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shall survive termination.
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7. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
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COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
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DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
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OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT
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APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
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EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS.
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The Covered Software is a “commercial item,” as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as
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that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial
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computer software documentation” as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
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Software with only those rights set forth herein. This U.S. Government Rights
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clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
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provision that addresses Government rights in computer software under this
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License.
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by the law of the jurisdiction
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specified in a notice contained within the Original Software (except to the
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extent applicable law, if any, provides otherwise), excluding such
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jurisdiction’s conflict-of-law provisions. Any litigation relating to this
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License shall be subject to the jurisdiction of the courts located in the
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jurisdiction and venue specified in a notice contained within the Original
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Software, with the losing party responsible for costs, including, without
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limitation, court costs and reasonable attorneys’ fees and expenses. The
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application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded. Any law or regulation which
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provides that the language of a contract shall be construed against the
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drafter shall not apply to this License. You agree that You alone are
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responsible for compliance with the United States export administration
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regulations (and the export control laws and regulation of any other
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countries) when You use, distribute or otherwise make available any Covered
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Software.
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10. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible
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for claims and damages arising, directly or indirectly, out of its utilization
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of rights under this License and You agree to work with Initial Developer and
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Contributors to distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission of
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liability.
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