412 lines
21 KiB
Plaintext
412 lines
21 KiB
Plaintext
Red Hat eCos(TM) Public License Version 1.1
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1.1. "Contributor" means each entity that creates or contributes to the
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creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original Code,
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prior Modifications used by a Contributor, and the Modifications made by
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that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source Code.
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1.6. "Initial Developer" means the individual or entity identified as
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the Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.9. "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file containing
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Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. "Original Code" means Source Code of computer software code which
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is described in the Source Code notice required by Exhibit A as Original
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Code, and which, at the time of its release under this License is not
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already Covered Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus any
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associated interface definition files, scripts used to control
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compilation and installation of an Executable, or a list of source code
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differential comparisons against either the Original Code or another
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well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the
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appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You" means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future
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version of this License issued under Section 6.1. For legal entities,
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"You" includes any entity which controls, is controlled by, or is under
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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
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management of such entity, whether by contract or otherwise, or (b)
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ownership of fifty percent (50%) or more of the outstanding shares or
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beneficial ownership of such entity.
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1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or
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permits others to distribute under different terms than the Red Hat eCos
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Public License. Red Hat's Branded Code may contain part or all of the
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Covered Code.
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2. SOURCE CODE LICENSE.
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2.1. The Initial Developer Grant. The Initial Developer hereby grants
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You a world-wide, royalty-free, non-exclusive license, subject to third
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party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Original Code (or portions thereof) with or without
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Modifications, or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial
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Developer, to make, have made, use and sell ("Utilize") the Original
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Code (or portions thereof), but solely to the extent that any such
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patent is reasonably necessary to enable You to Utilize the Original
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Code (or portions thereof) and not to any greater extent that may be
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necessary to Utilize further Modifications or combinations.
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2.2. Contributor Grant. Each Contributor hereby grants You a world-wide,
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royalty-free, non-exclusive license, subject to third party intellectual
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property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions
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thereof) either on an unmodified basis, with other Modifications, as
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Covered Code or as part of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor,
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to Utilize the Contributor Version (or portions thereof), but solely to
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the extent that any such patent is reasonably necessary to enable You to
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Utilize the Contributor Version (or portions thereof), and not to any
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greater extent that may be necessary to Utilize further Modifications or
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combinations.
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3. DISTRIBUTION OBLIGATIONS.
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3.1. Application of License. The Modifications which You create or to
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which You contribute are governed by the terms of this License,
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including without limitation Section 2.2. The Source Code version of
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Covered Code may be distributed only under the terms of this License or
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a future version of this License released under Section 6.1, and You
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must include a copy of this License with every copy of the Source Code
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You distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License
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or the recipients rights hereunder. However, You may include an
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additional document offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code. Any Modification which You create or
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to which You contribute must be made available in Source Code form under
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the terms of this License via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available and
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to the Initial Developer; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve (12)
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months after the date it initially became available, or at least six (6)
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months after a subsequent version of that particular Modification has
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been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic
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Distribution Mechanism is maintained by a third party. You are
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responsible for notifying the Initial Developer of the Modification and
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the location of the Source if a contact means is provided. Red Hat will
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be acting as maintainer of the Source and may provide an Electronic
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Distribution mechanism for the Modification to be made available. You
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can contact Red Hat to make the Modification available and to notify the
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Initial Developer.
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3.3. Description of Modifications. You must cause all Covered Code to
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which you contribute to contain a file documenting the changes You made
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to create that Covered Code and the date of any change. You must include
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a prominent statement that the Modification is derived, directly or
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indirectly, from Original Code provided by the Initial Developer and
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including the name of the Initial Developer in (a) the Source Code, and
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(b) in any notice in an Executable version or related documentation in
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which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims. If You have knowledge that a party claims an
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intellectual property right in particular functionality or code (or its
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utilization under this License), you must include a text file with the
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source code distribution titled "LEGAL" which describes the claim and
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the party making the claim in sufficient detail that a recipient will
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know whom to contact. If you obtain such knowledge after You make Your
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Modification available as described in Section 3.2, You shall promptly
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modify the LEGAL file in all copies You make available thereafter and
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shall take other steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who received the
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Covered Code that new knowledge has been obtained.
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(b) Contributor APIs. If Your Modification is an application programming
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interface and You own or control patents which are reasonably necessary
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to implement that API, you must also include this information in the
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LEGAL file.
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3.5. Required Notices. You must duplicate the notice in Exhibit A in
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each file of the Source Code, and this License in any documentation for
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the Source Code, where You describe recipients rights relating to
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Covered Code. If You created one or more Modification(s), You may add
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your name as a Contributor to the Source Code. If it is not possible to
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put such notice in a particular Source Code file due to its structure,
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then you must include such notice in a location (such as a relevant
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directory file) where a user would be likely to look for such a notice.
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You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered
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Code. However, You may do so only on Your own behalf, and not on behalf
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of the Initial Developer or any Contributor. You must make it absolutely
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clear that any such warranty, support, indemnity or liability obligation
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is offered by You alone, and You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions. You may distribute Covered
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Code in Executable form only if the requirements of Section 3.1-3.5 have
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been met for that Covered Code, and if You include a notice stating that
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the Source Code version of the Covered Code is available under the terms
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of this License, including a description of how and where You have
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fulfilled the obligations of Section 3.2. The notice must be
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conspicuously included in any notice in an Executable version, related
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documentation or collateral in which You describe recipients rights
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relating to the Covered Code. You may distribute the Executable version
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of Covered Code under a license of Your choice, which may contain terms
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different from this License, provided that You are in compliance with
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the terms of this License and that the license for the Executable
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version does not attempt to limit or alter the recipients rights in the
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Source Code version from the rights set forth in this License. If You
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distribute the Executable version under a different license You must
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make it absolutely clear that any terms which differ from this License
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are offered by You alone, not by the Initial Developer or any
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Contributor. You hereby agree to indemnify the Initial Developer and
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every Contributor for any liability incurred by the Initial Developer or
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such Contributor as a result of any such terms You offer. If you
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distribute executable versions containing Covered Code, you must
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reproduce the notice in Exhibit B in the documentation and/or other
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materials provided with the product.
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3.7. Larger Works. You may create a Larger Work by combining Covered
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Code with other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In such a case, You must
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make sure the requirements of this License are fulfilled for the Covered
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Code.
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4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION.
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Code due to statute
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or regulation then You must: (a) comply with the terms of this License
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to the maximum extent possible; (b) cite the statute or regulation that
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prohibits you from adhering to the license; and (c) describe the
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limitations and the code they affect. Such description must be included
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in the LEGAL file described in Section 3.4 and must be included with all
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distributions of the Source Code. Except to the extent prohibited by
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statute or regulation, such description must be sufficiently detailed
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for a recipient of ordinary skill to be able to understand it. You must
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submit this LEGAL file to Red Hat for review, and You will not be able
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use the covered code in any means until permission is granted from Red
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Hat to allow for the inability to comply due to statute or regulation.
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5. APPLICATION OF THIS LICENSE.
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This License applies to code to which the Initial Developer has attached
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the notice in Exhibit A, and to related Covered Code.
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Red Hat may include Covered Code in products without such additional
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products becoming subject to the terms of this License, and may license
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such additional products on different terms from those contained in this
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License. Red Hat may license the Source Code of Red Hat Branded Code
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without Red Hat Branded Code becoming subject to the terms of this
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License, and may license Red Hat Branded Code on different terms from
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those contained in this License. Contact Red Hat for details of
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alternate licensing terms available.
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6. VERSIONS OF THE LICENSE.
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6.1. New Versions. Red Hat may publish revised and/or new versions of
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the License from time to time. Each version will be given a
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distinguishing version number.
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6.2. Effect of New Versions. Once Covered Code has been published under
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a particular version of the License, You may always continue to use it
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under the terms of that version. You may also choose to use such Covered
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Code under the terms of any subsequent version of the License published
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by Red Hat. No one other than Red Hat has the right to modify the terms
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applicable to Covered Code beyond what is granted under this and
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subsequent Licenses.
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6.3. Derivative Works. If you create or use a modified version of this
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License (which you may only do in order to apply it to code which is not
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already Covered Code governed by this License), you must (a) rename Your
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license so that the phrases "ECOS", "eCos", "Red Hat", "RHEPL" or any
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confusingly similar phrase do not appear anywhere in your license and
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(b) otherwise make it clear that your version of the license contains
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terms which differ from the Red Hat eCos Public License. (Filling in the
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name of the Initial Developer, Original Code or Contributor in the
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notice described in Exhibit A shall not of themselves be deemed to be
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modifications of this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
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RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
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SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
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NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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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
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code which are properly granted shall survive
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any termination of this License. Provisions which, by their nature, must
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remain in effect beyond the termination of this License shall survive.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR
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ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
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OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION
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AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item," as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
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and "commercial computer software documentation," as such terms are used
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in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
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48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
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End Users acquire Covered Code with only those rights set forth herein.
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11. 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,
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such provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise),
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excluding its conflict-of-law provisions. With respect to disputes in
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which at least one party is a citizen of, or an entity chartered or
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registered to do business in, the United States of America: (a) unless
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otherwise agreed in writing, all disputes relating to this License
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(excepting any dispute relating to intellectual property rights) shall
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be subject to final and binding arbitration, with the losing party
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paying all costs of arbitration; (b) any arbitration relating to this
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Agreement shall be held in Santa Clara County, California, under the
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auspices of JAMS/EndDispute; and (c) any litigation relating to this
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Agreement shall be subject to the jurisdiction of the Federal Courts of
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the Northern District of California, with venue lying in Santa Clara
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County, California, with the losing party responsible for costs,
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including without limitation, court costs and reasonable attorneys fees
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and expenses. The application of the United Nations Convention on
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Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall
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be construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with
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Section 3.4, You are responsible for damages arising, directly or
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indirectly, out of Your utilization of rights under this License, based
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on the number of copies of Covered Code you made available, the revenues
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you received from utilizing such rights, and other relevant factors. You
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agree to work with affected parties to distribute responsibility on an
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equitable basis.
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13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE.
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Nothing in this License shall be interpreted to prohibit Red Hat from
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licensing under different terms than this License any code which Red Hat
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otherwise would have a right to license.
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Red Hat and logo - This License does not grant any rights to use the
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trademark Red Hat, the Red Hat logo, eCos logo, even if such marks are
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included in the Original Code. You may contact Red Hat for permission to
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display the Red Hat and eCos marks in either the documentation or the
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Executable version beyond that required in Exhibit B.
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Inability to Comply Due to Contractual Obligation - To the extent that
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Red Hat is limited contractually from making third party code available
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under this License, Red Hat may choose to integrate such third party
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code into Covered Code without being required to distribute such third
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party code in Source Code form, even if such third party code would
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otherwise be considered "Modifications" under this License.
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EXHIBIT A.
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The contents of this file are subject to the Red Hat eCos Public License
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Version 1.1 (the "License"); you may not use this file except in
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compliance with the License. You may obtain a copy of the License at
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http://www.redhat.com
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
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License for the specific language governing rights and limitations under
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the License.
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The Original Code is eCos - Embedded Configurable Operating System,
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released September 30, 1998.
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The Initial Developer of the Original Code is Red Hat. Portions created
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by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc. All Rights
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Reserved.
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EXHIBIT B.
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Part of the software embedded in this product is eCos - Embedded
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Configurable Operating System, a trademark of Red Hat. Portions created
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by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
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(http://www.redhat.com) All Rights Reserved.
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THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY
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EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
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IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY
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DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
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DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
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OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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STRICT LIABILITY, OR TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
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ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGE.
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Copyright <20> 2002 Red Hat, Inc. All rights reserved.
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