| 1 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
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| 2 |
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| 3 |
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| 4 | 1. Definitions.
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| 5 |
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| 6 | 1.1. "Contributor" means each individual or entity that
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| 7 | creates or contributes to the creation of Modifications.
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| 8 |
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| 9 | 1.2. "Contributor Version" means the combination of the
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| 10 | Original Software, prior Modifications used by a
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| 11 | Contributor (if any), and the Modifications made by that
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| 12 | particular Contributor.
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| 13 |
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| 14 | 1.3. "Covered Software" means (a) the Original Software, or
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| 15 | (b) Modifications, or (c) the combination of files
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| 16 | containing Original Software with files containing
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| 17 | Modifications, in each case including portions thereof.
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| 18 |
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| 19 | 1.4. "Executable" means the Covered Software in any form
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| 20 | other than Source Code.
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| 21 |
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| 22 | 1.5. "Initial Developer" means the individual or entity
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| 23 | that first makes Original Software available under this
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| 24 | License.
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| 25 |
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| 26 | 1.6. "Larger Work" means a work which combines Covered
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| 27 | Software or portions thereof with code not governed by the
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| 28 | terms of this License.
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| 29 |
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| 30 | 1.7. "License" means this document.
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| 31 |
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| 32 | 1.8. "Licensable" means having the right to grant, to the
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| 33 | maximum extent possible, whether at the time of the initial
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| 34 | grant or subsequently acquired, any and all of the rights
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| 35 | conveyed herein.
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| 36 |
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| 37 | 1.9. "Modifications" means the Source Code and Executable
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| 38 | form of any of the following:
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| 39 |
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| 40 | A. Any file that results from an addition to,
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| 41 | deletion from or modification of the contents of a
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| 42 | file containing Original Software or previous
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| 43 | Modifications;
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| 44 |
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| 45 | B. Any new file that contains any part of the
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| 46 | Original Software or previous Modification; or
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| 47 |
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| 48 | C. Any new file that is contributed or otherwise made
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| 49 | available under the terms of this License.
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| 50 |
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| 51 | 1.10. "Original Software" means the Source Code and
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| 52 | Executable form of computer software code that is
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| 53 | originally released under this License.
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| 54 |
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| 55 | 1.11. "Patent Claims" means any patent claim(s), now owned
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| 56 | or hereafter acquired, including without limitation,
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| 57 | method, process, and apparatus claims, in any patent
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| 58 | Licensable by grantor.
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| 59 |
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| 60 | 1.12. "Source Code" means (a) the common form of computer
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| 61 | software code in which modifications are made and (b)
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| 62 | associated documentation included in or with such code.
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| 63 |
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| 64 | 1.13. "You" (or "Your") means an individual or a legal
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| 65 | entity exercising rights under, and complying with all of
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| 66 | the terms of, this License. For legal entities, "You"
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| 67 | includes any entity which controls, is controlled by, or is
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| 68 | under common control with You. For purposes of this
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| 69 | definition, "control" means (a) the power, direct or
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| 70 | indirect, to cause the direction or management of such
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| 71 | entity, whether by contract or otherwise, or (b) ownership
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| 72 | of more than fifty percent (50%) of the outstanding shares
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| 73 | or beneficial ownership of such entity.
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| 74 |
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| 75 | 2. License Grants.
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| 76 |
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| 77 | 2.1. The Initial Developer Grant.
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| 78 |
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| 79 | Conditioned upon Your compliance with Section 3.1 below and
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| 80 | subject to third party intellectual property claims, the
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| 81 | Initial Developer hereby grants You a world-wide,
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| 82 | royalty-free, non-exclusive license:
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| 83 |
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| 84 | (a) under intellectual property rights (other than
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| 85 | patent or trademark) Licensable by Initial Developer,
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| 86 | to use, reproduce, modify, display, perform,
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| 87 | sublicense and distribute the Original Software (or
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| 88 | portions thereof), with or without Modifications,
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| 89 | and/or as part of a Larger Work; and
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| 90 |
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| 91 | (b) under Patent Claims infringed by the making,
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| 92 | using or selling of Original Software, to make, have
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| 93 | made, use, practice, sell, and offer for sale, and/or
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| 94 | otherwise dispose of the Original Software (or
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| 95 | portions thereof).
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| 96 |
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| 97 | (c) The licenses granted in Sections 2.1(a) and (b)
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| 98 | are effective on the date Initial Developer first
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| 99 | distributes or otherwise makes the Original Software
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| 100 | available to a third party under the terms of this
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| 101 | License.
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| 102 |
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| 103 | (d) Notwithstanding Section 2.1(b) above, no patent
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| 104 | license is granted: (1) for code that You delete from
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| 105 | the Original Software, or (2) for infringements
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| 106 | caused by: (i) the modification of the Original
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| 107 | Software, or (ii) the combination of the Original
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| 108 | Software with other software or devices.
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| 109 |
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| 110 | 2.2. Contributor Grant.
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| 111 |
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| 112 | Conditioned upon Your compliance with Section 3.1 below and
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| 113 | subject to third party intellectual property claims, each
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| 114 | Contributor hereby grants You a world-wide, royalty-free,
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| 115 | non-exclusive license:
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| 116 |
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| 117 | (a) under intellectual property rights (other than
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| 118 | patent or trademark) Licensable by Contributor to
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| 119 | use, reproduce, modify, display, perform, sublicense
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| 120 | and distribute the Modifications created by such
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| 121 | Contributor (or portions thereof), either on an
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| 122 | unmodified basis, with other Modifications, as
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| 123 | Covered Software and/or as part of a Larger Work; and
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| 124 |
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| 125 |
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| 126 | (b) under Patent Claims infringed by the making,
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| 127 | using, or selling of Modifications made by that
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| 128 | Contributor either alone and/or in combination with
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| 129 | its Contributor Version (or portions of such
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| 130 | combination), to make, use, sell, offer for sale,
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| 131 | have made, and/or otherwise dispose of: (1)
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| 132 | Modifications made by that Contributor (or portions
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| 133 | thereof); and (2) the combination of Modifications
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| 134 | made by that Contributor with its Contributor Version
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| 135 | (or portions of such combination).
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| 136 |
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| 137 | (c) The licenses granted in Sections 2.2(a) and
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| 138 | 2.2(b) are effective on the date Contributor first
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| 139 | distributes or otherwise makes the Modifications
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| 140 | available to a third party.
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| 141 |
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| 142 | (d) Notwithstanding Section 2.2(b) above, no patent
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| 143 | license is granted: (1) for any code that Contributor
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| 144 | has deleted from the Contributor Version; (2) for
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| 145 | infringements caused by: (i) third party
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| 146 | modifications of Contributor Version, or (ii) the
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| 147 | combination of Modifications made by that Contributor
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| 148 | with other software (except as part of the
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| 149 | Contributor Version) or other devices; or (3) under
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| 150 | Patent Claims infringed by Covered Software in the
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| 151 | absence of Modifications made by that Contributor.
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| 152 |
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| 153 | 3. Distribution Obligations.
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| 154 |
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| 155 | 3.1. Availability of Source Code.
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| 156 |
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| 157 | Any Covered Software that You distribute or otherwise make
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| 158 | available in Executable form must also be made available in
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| 159 | Source Code form and that Source Code form must be
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| 160 | distributed only under the terms of this License. You must
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| 161 | include a copy of this License with every copy of the
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| 162 | Source Code form of the Covered Software You distribute or
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| 163 | otherwise make available. You must inform recipients of any
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| 164 | such Covered Software in Executable form as to how they can
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| 165 | obtain such Covered Software in Source Code form in a
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| 166 | reasonable manner on or through a medium customarily used
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| 167 | for software exchange.
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| 168 |
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| 169 | 3.2. Modifications.
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| 170 |
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| 171 | The Modifications that You create or to which You
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| 172 | contribute are governed by the terms of this License. You
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| 173 | represent that You believe Your Modifications are Your
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| 174 | original creation(s) and/or You have sufficient rights to
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| 175 | grant the rights conveyed by this License.
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| 176 |
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| 177 | 3.3. Required Notices.
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| 178 |
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| 179 | You must include a notice in each of Your Modifications
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| 180 | that identifies You as the Contributor of the Modification.
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| 181 | You may not remove or alter any copyright, patent or
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| 182 | trademark notices contained within the Covered Software, or
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| 183 | any notices of licensing or any descriptive text giving
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| 184 | attribution to any Contributor or the Initial Developer.
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| 185 |
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| 186 | 3.4. Application of Additional Terms.
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| 187 |
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| 188 | You may not offer or impose any terms on any Covered
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| 189 | Software in Source Code form that alters or restricts the
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| 190 | applicable version of this License or the recipientsÕ
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| 191 | rights hereunder. You may choose to offer, and to charge a
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| 192 | fee for, warranty, support, indemnity or liability
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| 193 | obligations to one or more recipients of Covered Software.
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| 194 | However, you may do so only on Your own behalf, and not on
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| 195 | behalf of the Initial Developer or any Contributor. You
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| 196 | must make it absolutely clear that any such warranty,
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| 197 | support, indemnity or liability obligation is offered by
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| 198 | You alone, and You hereby agree to indemnify the Initial
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| 199 | Developer and every Contributor for any liability incurred
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| 200 | by the Initial Developer or such Contributor as a result of
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| 201 | warranty, support, indemnity or liability terms You offer.
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| 202 |
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| 203 |
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| 204 | 3.5. Distribution of Executable Versions.
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| 205 |
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| 206 | You may distribute the Executable form of the Covered
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| 207 | Software under the terms of this License or under the terms
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| 208 | of a license of Your choice, which may contain terms
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| 209 | different from this License, provided that You are in
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| 210 | compliance with the terms of this License and that the
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| 211 | license for the Executable form does not attempt to limit
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| 212 | or alter the recipientÕs rights in the Source Code form
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| 213 | from the rights set forth in this License. If You
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| 214 | distribute the Covered Software in Executable form under a
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| 215 | different license, You must make it absolutely clear that
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| 216 | any terms which differ from this License are offered by You
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| 217 | alone, not by the Initial Developer or Contributor. You
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| 218 | hereby agree to indemnify the Initial Developer and every
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| 219 | Contributor for any liability incurred by the Initial
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| 220 | Developer or such Contributor as a result of any such terms
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| 221 | You offer.
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| 222 |
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| 223 | 3.6. Larger Works.
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| 224 |
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| 225 | You may create a Larger Work by combining Covered Software
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| 226 | with other code not governed by the terms of this License
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| 227 | and distribute the Larger Work as a single product. In such
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| 228 | a case, You must make sure the requirements of this License
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| 229 | are fulfilled for the Covered Software.
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| 230 |
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| 231 | 4. Versions of the License.
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| 232 |
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| 233 | 4.1. New Versions.
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| 234 |
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| 235 | Sun Microsystems, Inc. is the initial license steward and
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| 236 | may publish revised and/or new versions of this License
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| 237 | from time to time. Each version will be given a
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| 238 | distinguishing version number. Except as provided in
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| 239 | Section 4.3, no one other than the license steward has the
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| 240 | right to modify this License.
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| 241 |
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| 242 | 4.2. Effect of New Versions.
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| 243 |
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| 244 | You may always continue to use, distribute or otherwise
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| 245 | make the Covered Software available under the terms of the
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| 246 | version of the License under which You originally received
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| 247 | the Covered Software. If the Initial Developer includes a
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| 248 | notice in the Original Software prohibiting it from being
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| 249 | distributed or otherwise made available under any
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| 250 | subsequent version of the License, You must distribute and
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| 251 | make the Covered Software available under the terms of the
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| 252 | version of the License under which You originally received
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| 253 | the Covered Software. Otherwise, You may also choose to
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| 254 | use, distribute or otherwise make the Covered Software
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| 255 | available under the terms of any subsequent version of the
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| 256 | License published by the license steward.
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| 257 |
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| 258 | 4.3. Modified Versions.
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| 259 |
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| 260 | When You are an Initial Developer and You want to create a
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| 261 | new license for Your Original Software, You may create and
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| 262 | use a modified version of this License if You: (a) rename
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| 263 | the license and remove any references to the name of the
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| 264 | license steward (except to note that the license differs
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| 265 | from this License); and (b) otherwise make it clear that
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| 266 | the license contains terms which differ from this License.
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| 267 |
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| 268 |
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| 269 | 5. DISCLAIMER OF WARRANTY.
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| 270 |
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| 271 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
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| 272 | BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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| 273 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
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| 274 | SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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| 275 | PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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| 276 | PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
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| 277 | COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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| 278 | INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
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| 279 | ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
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| 280 | WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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| 281 | ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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| 282 | DISCLAIMER.
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| 283 |
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| 284 | 6. TERMINATION.
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| 285 |
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| 286 | 6.1. This License and the rights granted hereunder will
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| 287 | terminate automatically if You fail to comply with terms
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| 288 | herein and fail to cure such breach within 30 days of
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| 289 | becoming aware of the breach. Provisions which, by their
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| 290 | nature, must remain in effect beyond the termination of
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| 291 | this License shall survive.
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| 292 |
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| 293 | 6.2. If You assert a patent infringement claim (excluding
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| 294 | declaratory judgment actions) against Initial Developer or
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| 295 | a Contributor (the Initial Developer or Contributor against
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| 296 | whom You assert such claim is referred to as "Participant")
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| 297 | alleging that the Participant Software (meaning the
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| 298 | Contributor Version where the Participant is a Contributor
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| 299 | or the Original Software where the Participant is the
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| 300 | Initial Developer) directly or indirectly infringes any
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| 301 | patent, then any and all rights granted directly or
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| 302 | indirectly to You by such Participant, the Initial
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| 303 | Developer (if the Initial Developer is not the Participant)
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| 304 | and all Contributors under Sections 2.1 and/or 2.2 of this
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| 305 | License shall, upon 60 days notice from Participant
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| 306 | terminate prospectively and automatically at the expiration
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| 307 | of such 60 day notice period, unless if within such 60 day
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| 308 | period You withdraw Your claim with respect to the
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| 309 | Participant Software against such Participant either
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| 310 | unilaterally or pursuant to a written agreement with
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| 311 | Participant.
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| 312 |
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| 313 | 6.3. In the event of termination under Sections 6.1 or 6.2
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| 314 | above, all end user licenses that have been validly granted
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| 315 | by You or any distributor hereunder prior to termination
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| 316 | (excluding licenses granted to You by any distributor)
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| 317 | shall survive termination.
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| 318 |
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| 319 | 7. LIMITATION OF LIABILITY.
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| 320 |
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| 321 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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| 322 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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| 323 | INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
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| 324 | COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
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| 325 | LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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| 326 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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| 327 | LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
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| 328 | STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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| 329 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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| 330 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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| 331 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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| 332 | INJURY RESULTING FROM SUCH PARTYÕS NEGLIGENCE TO THE EXTENT
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| 333 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
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| 334 | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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| 335 | CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
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| 336 | APPLY TO YOU.
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| 337 |
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| 338 | 8. U.S. GOVERNMENT END USERS.
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| 339 |
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| 340 | The Covered Software is a "commercial item," as that term is
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| 341 | defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
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| 342 | computer software" (as that term is defined at 48 C.F.R. €
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| 343 | 252.227-7014(a)(1)) and "commercial computer software
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| 344 | documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
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| 345 | 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
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| 346 | through 227.7202-4 (June 1995), all U.S. Government End Users
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| 347 | acquire Covered Software with only those rights set forth herein.
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| 348 | This U.S. Government Rights clause is in lieu of, and supersedes,
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| 349 | any other FAR, DFAR, or other clause or provision that addresses
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| 350 | Government rights in computer software under this License.
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| 351 |
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| 352 | 9. MISCELLANEOUS.
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| 353 |
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| 354 | This License represents the complete agreement concerning subject
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| 355 | matter hereof. If any provision of this License is held to be
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| 356 | unenforceable, such provision shall be reformed only to the
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| 357 | extent necessary to make it enforceable. This License shall be
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| 358 | governed by the law of the jurisdiction specified in a notice
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| 359 | contained within the Original Software (except to the extent
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| 360 | applicable law, if any, provides otherwise), excluding such
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| 361 | jurisdictionÕs conflict-of-law provisions. Any litigation
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| 362 | relating to this License shall be subject to the jurisdiction of
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| 363 | the courts located in the jurisdiction and venue specified in a
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| 364 | notice contained within the Original Software, with the losing
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| 365 | party responsible for costs, including, without limitation, court
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| 366 | costs and reasonable attorneysÕ fees and expenses. The
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| 367 | application of the United Nations Convention on Contracts for the
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| 368 | International Sale of Goods is expressly excluded. Any law or
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| 369 | regulation which provides that the language of a contract shall
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| 370 | be construed against the drafter shall not apply to this License.
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| 371 | You agree that You alone are responsible for compliance with the
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| 372 | United States export administration regulations (and the export
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| 373 | control laws and regulation of any other countries) when You use,
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| 374 | distribute or otherwise make available any Covered Software.
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| 375 |
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| 376 | 10. RESPONSIBILITY FOR CLAIMS.
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| 377 |
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| 378 | As between Initial Developer and the Contributors, each party is
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| 379 | responsible for claims and damages arising, directly or
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| 380 | indirectly, out of its utilization of rights under this License
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| 381 | and You agree to work with Initial Developer and Contributors to
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| 382 | distribute such responsibility on an equitable basis. Nothing
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| 383 | herein is intended or shall be deemed to constitute any admission
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| 384 | of liability.
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