310 lines
16 KiB
Text
310 lines
16 KiB
Text
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
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made 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 containing
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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 Original
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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 possible,
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whether at the time of the initial grant or subsequently acquired, any and
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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
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of 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 computer
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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 acquired,
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including without limitation, method, process, and apparatus claims, in any
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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
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or with such code.
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1.13. "You" (or "Your") means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License. For legal entities,
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"You" includes any entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition, "control" means (a) the
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power, direct or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of more than fifty percent
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(50%) of the outstanding shares or beneficial ownership of 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
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a world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer, to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Software (or portions thereof), with or without
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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 combination
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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 world-wide,
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royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Contributor to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof),
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either on an unmodified basis, with other Modifications, as Covered Software
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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 Modifications
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made by that Contributor either alone and/or in combination with its Contributor
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Version (or portions of such combination), to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
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(or portions thereof); and (2) the combination of Modifications made by that
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Contributor with its Contributor Version (or 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 available
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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 devices;
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or (3) under Patent Claims infringed by Covered Software in the absence of
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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 Executable
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form must also be made available in Source Code form and that Source Code
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form must be distributed only under the terms of this License. You must include
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a copy of this License with every copy of the Source Code form of the Covered
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Software You distribute or otherwise make available. You must inform recipients
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of any such Covered Software in Executable form as to how they can obtain
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such Covered Software in Source Code form in a reasonable manner on or through
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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
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by 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
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as the Contributor of the Modification. You may not remove or alter any copyright,
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patent or trademark notices contained within the Covered Software, or any
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notices of licensing or any descriptive text giving attribution to any Contributor
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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 behalf,
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and not on behalf of the Initial Developer or any Contributor. You must make
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it absolutely clear that any such warranty, support, indemnity or liability
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obligation is offered by You alone, and You hereby agree to indemnify the
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Initial 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, indemnity
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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 absolutely
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clear that any terms which differ from this License are offered by You alone,
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not by the Initial Developer or Contributor. You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of any such terms You
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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
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not governed by the terms of this License and distribute the Larger Work as
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a 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,
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no 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 Software
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available under the terms of the version of the License under which You originally
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received the Covered Software. If the Initial Developer includes a notice
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in the Original Software prohibiting it from being distributed or otherwise
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made available under any subsequent version of the License, You must distribute
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and make the Covered Software available under the terms of the version of
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the License under which You originally received the Covered Software. Otherwise,
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You may also choose to use, distribute or otherwise make the Covered Software
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available under the terms of any subsequent version of the License published
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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 LIMITATION,
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WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
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FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
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PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
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THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
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NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED 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 automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. Provisions which, by their nature,
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must remain in effect beyond the termination of this License 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
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or Contributor against whom You assert such claim is referred to as "Participant")
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alleging that the Participant Software (meaning the Contributor Version where
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the Participant is a Contributor or the Original Software where the Participant
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is the Initial Developer) directly or indirectly infringes any patent, then
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any and all rights granted directly or indirectly to You by such Participant,
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the Initial Developer (if the Initial Developer is not the Participant) and
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all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
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60 days notice from Participant terminate prospectively and automatically
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at the expiration of such 60 day notice period, unless if within such 60 day
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period You withdraw Your claim with respect to the Participant Software against
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such Participant either unilaterally or pursuant to a written agreement with
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Participant.
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6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
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user 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
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OF 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 LIMITATION,
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DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
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OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
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SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY 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 OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
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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 computer
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software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
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1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire Covered Software with only
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those rights set forth herein. This U.S. Government Rights clause is in lieu
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of, and supersedes, any other FAR, DFAR, or other clause or provision that
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addresses Government rights in computer software under this License.
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by the law of the jurisdiction specified in a notice
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contained within the Original Software (except to the extent applicable law,
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if any, provides otherwise), excluding such jurisdiction's conflict-of-law
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provisions. Any litigation relating to this License shall be subject to the
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jurisdiction of the courts located in the jurisdiction and venue specified
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in a notice contained within the Original Software, with the losing party
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responsible for costs, including, without limitation, court costs and reasonable
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attorneys' fees and expenses. The application of the United Nations Convention
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on 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 be
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construed against the drafter shall not apply to this License. You agree that
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You alone are responsible for compliance with the United States export administration
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regulations (and the export control laws and regulation of any other countries)
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when You use, distribute or otherwise make available any Covered 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
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and Contributors to distribute such responsibility on an equitable basis.
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Nothing herein is intended or shall be deemed to constitute any admission
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of liability.
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