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diff --git a/licenses/CDDL b/licenses/CDDL index dc328c3db0ea..91dddb1537d2 100644 --- a/licenses/CDDL +++ b/licenses/CDDL @@ -1,358 +1,358 @@ - COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) - Version 1.0 +COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) +Version 1.0 - * 1. Definitions. +1. Definitions. - * 1.1. "Contributor" means each individual or entity that creates - or contributes to the creation of Modifications. - - * 1.2. "Contributor Version" means the combination of the Original - Software, prior Modifications used by a Contributor (if any), and - the Modifications made by that particular Contributor. - - * 1.3. "Covered Software" means (a) the Original Software, or (b) - Modifications, or (c) the combination of files containing - Original Software with files containing Modifications, in each - case including portions thereof. - - * 1.4. "Executable" means the Covered Software in any form other - than Source Code. - - * 1.5. "Initial Developer" means the individual or entity that - first makes Original Software available under this License. - - * 1.6. "Larger Work" means a work which combines Covered Software - or portions thereof with code not governed by the terms of this - License. - - * 1.7. "License" means this document. - - * 1.8. "Licensable" means having the right to grant, to the maximum - extent possible, whether at the time of the initial grant or - subsequently acquired, any and all of the rights conveyed herein. - - * 1.9. "Modifications" means the Source Code and Executable form of - any of the following: - - * A. Any file that results from an addition to, deletion from - or modification of the contents of a file containing - Original Software or previous Modifications; - - * B. Any new file that contains any part of the Original - Software or previous Modification; or - - * C. Any new file that is contributed or otherwise made - available under the terms of this License. - - * 1.10. "Original Software" means the Source Code and Executable - form of computer software code that is originally released under - this License. - - * 1.11. "Patent Claims" means any patent claim(s), now owned or - hereafter acquired, including without limitation, method, - process, and apparatus claims, in any patent Licensable by - grantor. - - * 1.12. "Source Code" means (a) the common form of computer - software code in which modifications are made and (b) associated - documentation included in or with such code. - - * 1.13. "You" (or "Your") means an individual or a legal entity - exercising rights under, and complying with all of the terms of, - this License. For legal entities, "You" includes any entity which - controls, is controlled by, or is under common control with You. - For purposes of this definition, "control" means (a) the power, - direct or indirect, to cause the direction or management of such - entity, whether by contract or otherwise, or (b) ownership of - more than fifty percent (50%) of the outstanding shares or - beneficial ownership of such entity. - - * 2. License Grants. - - * 2.1. The Initial Developer Grant. - - Conditioned upon Your compliance with Section 3.1 below and - subject to third party intellectual property claims, the Initial - Developer hereby grants You a world-wide, royalty-free, - non-exclusive license: - - * (a) under intellectual property rights (other than patent or - trademark) Licensable by Initial Developer, to use, - reproduce, modify, display, perform, sublicense and - distribute the Original Software (or portions thereof), with - or without Modifications, and/or as part of a Larger Work; - and - - * (b) under Patent Claims infringed by the making, using or - selling of Original Software, to make, have made, use, - practice, sell, and offer for sale, and/or otherwise dispose - of the Original Software (or portions thereof). - - * (c) The licenses granted in Sections 2.1(a) and (b) are - effective on the date Initial Developer first distributes or - otherwise makes the Original Software available to a third - party under the terms of this License. - - * (d) Notwithstanding Section 2.1(b) above, no patent license - is granted: (1) for code that You delete from the Original - Software, or (2) for infringements caused by: (i) the - modification of the Original Software, or (ii) the - combination of the Original Software with other software or - devices. - - * 2.2. Contributor Grant. - - Conditioned upon Your compliance with Section 3.1 below and - subject to third party intellectual property claims, each - Contributor hereby grants You a world-wide, royalty-free, - non-exclusive license: - - * (a) under intellectual property rights (other than patent or - trademark) Licensable by Contributor to use, reproduce, - modify, display, perform, sublicense and distribute the - Modifications created by such Contributor (or portions - thereof), either on an unmodified basis, with other - Modifications, as Covered Software and/or as part of a - Larger Work; and - - * (b) under Patent Claims infringed by the making, using, or - selling of Modifications made by that Contributor either - alone and/or in combination with its Contributor Version (or - portions of such combination), to make, use, sell, offer for - sale, have made, and/or otherwise dispose of: - (1) Modifications made by that Contributor (or portions - thereof); and (2) the combination of Modifications made by - that Contributor with its Contributor Version (or portions - of such combination). - - * (c) The licenses granted in Sections 2.2(a) and 2.2(b) are - effective on the date Contributor first distributes or - otherwise makes the Modifications available to a third - party. - - * (d) Notwithstanding Section 2.2(b) above, no patent license - is granted: (1) for any code that Contributor has deleted - from the Contributor Version; (2) for infringements caused - by: (i) third party modifications of Contributor Version, or - (ii) the combination of Modifications made by that - Contributor with other software (except as part of the - Contributor Version) or other devices; or (3) under Patent - Claims infringed by Covered Software in the absence of - Modifications made by that Contributor. - - * 3. Distribution Obligations. - - * 3.1. Availability of Source Code. - - Any Covered Software that You distribute or otherwise make - available in Executable form must also be made available in - Source Code form and that Source Code form must be distributed - only under the terms of this License. You must include a copy of - this License with every copy of the Source Code form of the - Covered Software You distribute or otherwise make available. You - must inform recipients of any such Covered Software in Executable - form as to how they can obtain such Covered Software in Source - Code form in a reasonable manner on or through a medium - customarily used for software exchange. - - * 3.2. Modifications. - - The Modifications that You create or to which You contribute are - governed by the terms of this License. You represent that You - believe Your Modifications are Your original creation(s) and/or - You have sufficient rights to grant the rights conveyed by this - License. - - * 3.3. Required Notices. - - You must include a notice in each of Your Modifications that - identifies You as the Contributor of the Modification. You may - not remove or alter any copyright, patent or trademark notices - contained within the Covered Software, or any notices of - licensing or any descriptive text giving attribution to any - Contributor or the Initial Developer. - - * 3.4. Application of Additional Terms. - - You may not offer or impose any terms on any Covered Software in - Source Code form that alters or restricts the applicable version - of this License or the recipients' rights hereunder. You may - choose to offer, and to charge a fee for, warranty, support, - indemnity or liability obligations to one or more recipients of - Covered Software. However, you may do so only on Your own behalf, - and not on behalf of the Initial Developer or any Contributor. - You must make it absolutely clear that any such warranty, - support, indemnity or liability obligation is offered by You - alone, and You hereby agree to indemnify the Initial Developer - and every Contributor for any liability incurred by the Initial - Developer or such Contributor as a result of warranty, support, - indemnity or liability terms You offer. - - * 3.5. Distribution of Executable Versions. - - You may distribute the Executable form of the Covered Software - under the terms of this License or under the terms of a license - of Your choice, which may contain terms different from this - License, provided that You are in compliance with the terms of - this License and that the license for the Executable form does - not attempt to limit or alter the recipient's rights in the - Source Code form from the rights set forth in this License. If - You distribute the Covered Software in Executable form under a - different license, You must make it absolutely clear that any - terms which differ from this License are offered by You alone, - not by the Initial Developer or Contributor. You hereby agree to - indemnify the Initial Developer and every Contributor for any - liability incurred by the Initial Developer or such Contributor - as a result of any such terms You offer. - - * 3.6. Larger Works. - - You may create a Larger Work by combining Covered Software with - other code not governed by the terms of this License and - distribute the Larger Work as a single product. In such a case, - You must make sure the requirements of this License are fulfilled - for the Covered Software. - - * 4. Versions of the License. - - * 4.1. New Versions. - - Sun Microsystems, Inc. is the initial license steward and may - publish revised and/or new versions of this License from time to - time. Each version will be given a distinguishing version number. - Except as provided in Section 4.3, no one other than the license - steward has the right to modify this License. - - * 4.2. Effect of New Versions. - - You may always continue to use, distribute or otherwise make the - Covered Software available under the terms of the version of the - License under which You originally received the Covered Software. - If the Initial Developer includes a notice in the Original - Software prohibiting it from being distributed or otherwise made - available under any subsequent version of the License, You must - distribute and make the Covered Software available under the - terms of the version of the License under which You originally - received the Covered Software. Otherwise, You may also choose to - use, distribute or otherwise make the Covered Software available - under the terms of any subsequent version of the License - published by the license steward. - - * 4.3. Modified Versions. - - When You are an Initial Developer and You want to create a new - license for Your Original Software, You may create and use a - modified version of this License if You: (a) rename the license - and remove any references to the name of the license steward - (except to note that the license differs from this License); and - (b) otherwise make it clear that the license contains terms which - differ from this License. - - * 5. DISCLAIMER OF WARRANTY. - - COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, - WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, - WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF - DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. - THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED - SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN - ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) - ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS - DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. - NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER - THIS DISCLAIMER. - - * 6. TERMINATION. - - * 6.1. This License and the rights granted hereunder will terminate - automatically if You fail to comply with terms herein and fail to - cure such breach within 30 days of becoming aware of the breach. - Provisions which, by their nature, must remain in effect beyond - the termination of this License shall survive. - - * 6.2. If You assert a patent infringement claim (excluding - declaratory judgment actions) against Initial Developer or a - Contributor (the Initial Developer or Contributor against whom - You assert such claim is referred to as "Participant") alleging - that the Participant Software (meaning the Contributor Version - where the Participant is a Contributor or the Original Software - where the Participant is the Initial Developer) directly or - indirectly infringes any patent, then any and all rights granted - directly or indirectly to You by such Participant, the Initial - Developer (if the Initial Developer is not the Participant) and - all Contributors under Sections 2.1 and/or 2.2 of this License - shall, upon 60 days notice from Participant terminate - prospectively and automatically at the expiration of such 60 day - notice period, unless if within such 60 day period You withdraw - Your claim with respect to the Participant Software against such - Participant either unilaterally or pursuant to a written - agreement with Participant. - - * 6.3. In the event of termination under Sections 6.1 or 6.2 above, - all end user licenses that have been validly granted by You or - any distributor hereunder prior to termination (excluding - licenses granted to You by any distributor) shall survive - termination. - - * 7. LIMITATION OF LIABILITY. - - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT - (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL - DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED - SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY - PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES - OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST - PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR - MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN - IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH - DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR - DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE - EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO - NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL - DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. - - * 8. U.S. GOVERNMENT END USERS. - - The Covered Software is a "commercial item," as that term is defined - in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer - software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1)) - and "commercial computer software documentation" as such terms are - used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. - 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all - U.S. Government End Users acquire Covered Software with only those - rights set forth herein. This U.S. Government Rights clause is in lieu - of, and supersedes, any other FAR, DFAR, or other clause or provision - that addresses Government rights in computer software under this - License. - - * 9. MISCELLANEOUS. - - This License represents the complete agreement concerning subject - matter hereof. If any provision of this License is held to be - unenforceable, such provision shall be reformed only to the extent - necessary to make it enforceable. This License shall be governed by - the law of the jurisdiction specified in a notice contained within the - Original Software (except to the extent applicable law, if any, - provides otherwise), excluding such jurisdiction's conflict-of-law - provisions. Any litigation relating to this License shall be subject - to the jurisdiction of the courts located in the jurisdiction and - venue specified in a notice contained within the Original Software, - with the losing party responsible for costs, including, without - limitation, court costs and reasonable attorneys' fees and expenses. - The application of the United Nations Convention on Contracts for the - International Sale of Goods is expressly excluded. Any law or - regulation which provides that the language of a contract shall be - construed against the drafter shall not apply to this License. You - agree that You alone are responsible for compliance with the United - States export administration regulations (and the export control laws - and regulation of any other countries) when You use, distribute or - otherwise make available any Covered Software. - - * 10. RESPONSIBILITY FOR CLAIMS. - - As between Initial Developer and the Contributors, each party is - responsible for claims and damages arising, directly or indirectly, - out of its utilization of rights under this License and You agree to - work with Initial Developer and Contributors to distribute such - responsibility on an equitable basis. Nothing herein is intended or - shall be deemed to constitute any admission of liability. + 1.1. "Contributor" means each individual or entity that creates + or contributes to the creation of Modifications. + + 1.2. "Contributor Version" means the combination of the Original + Software, prior Modifications used by a Contributor (if any), and + the Modifications made by that particular Contributor. + + 1.3. "Covered Software" means (a) the Original Software, or + (b) Modifications, or (c) the combination of files containing + Original Software with files containing Modifications, in each + case including portions thereof. + + 1.4. "Executable" means the Covered Software in any form other + than Source Code. + + 1.5. "Initial Developer" means the individual or entity that + first makes Original Software available under this License. + + 1.6. "Larger Work" means a work which combines Covered Software + or portions thereof with code not governed by the terms of this + License. + + 1.7. "License" means this document. + + 1.8. "Licensable" means having the right to grant, to the maximum + extent possible, whether at the time of the initial grant or + subsequently acquired, any and all of the rights conveyed herein. + + 1.9. "Modifications" means the Source Code and Executable form of + any of the following: + + A. Any file that results from an addition to, deletion from + or modification of the contents of a file containing + Original Software or previous Modifications; + + B. Any new file that contains any part of the Original + Software or previous Modification; or + + C. Any new file that is contributed or otherwise made + available under the terms of this License. + + 1.10. "Original Software" means the Source Code and Executable + form of computer software code that is originally released under + this License. + + 1.11. "Patent Claims" means any patent claim(s), now owned or + hereafter acquired, including without limitation, method, + process, and apparatus claims, in any patent Licensable by + grantor. + + 1.12. "Source Code" means (a) the common form of computer + software code in which modifications are made and (b) associated + documentation included in or with such code. + + 1.13. "You" (or "Your") means an individual or a legal entity + exercising rights under, and complying with all of the terms of, + this License. For legal entities, "You" includes any entity which + controls, is controlled by, or is under common control with You. + For purposes of this definition, "control" means (a) the power, + direct or indirect, to cause the direction or management of such + entity, whether by contract or otherwise, or (b) ownership of + more than fifty percent (50%) of the outstanding shares or + beneficial ownership of such entity. + +2. License Grants. + + 2.1. The Initial Developer Grant. + + Conditioned upon Your compliance with Section 3.1 below and + subject to third party intellectual property claims, the Initial + Developer hereby grants You a world-wide, royalty-free, + non-exclusive license: + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer, to use, + reproduce, modify, display, perform, sublicense and + distribute the Original Software (or portions thereof), with + or without Modifications, and/or as part of a Larger Work; + and + + (b) under Patent Claims infringed by the making, using or + selling of Original Software, to make, have made, use, + practice, sell, and offer for sale, and/or otherwise dispose + of the Original Software (or portions thereof). + + (c) The licenses granted in Sections 2.1(a) and (b) are + effective on the date Initial Developer first distributes or + otherwise makes the Original Software available to a third + party under the terms of this License. + + (d) Notwithstanding Section 2.1(b) above, no patent license + is granted: (1) for code that You delete from the Original + Software, or (2) for infringements caused by: (i) the + modification of the Original Software, or (ii) the + combination of the Original Software with other software or + devices. + + 2.2. Contributor Grant. + + Conditioned upon Your compliance with Section 3.1 below and + subject to third party intellectual property claims, each + Contributor hereby grants You a world-wide, royalty-free, + non-exclusive license: + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Contributor to use, reproduce, + modify, display, perform, sublicense and distribute the + Modifications created by such Contributor (or portions + thereof), either on an unmodified basis, with other + Modifications, as Covered Software and/or as part of a + Larger Work; and + + (b) under Patent Claims infringed by the making, using, or + selling of Modifications made by that Contributor either + alone and/or in combination with its Contributor Version (or + portions of such combination), to make, use, sell, offer for + sale, have made, and/or otherwise dispose of: + (1) Modifications made by that Contributor (or portions + thereof); and (2) the combination of Modifications made by + that Contributor with its Contributor Version (or portions + of such combination). + + (c) The licenses granted in Sections 2.2(a) and 2.2(b) are + effective on the date Contributor first distributes or + otherwise makes the Modifications available to a third + party. + + (d) Notwithstanding Section 2.2(b) above, no patent license + is granted: (1) for any code that Contributor has deleted + from the Contributor Version; (2) for infringements caused + by: (i) third party modifications of Contributor Version, or + (ii) the combination of Modifications made by that + Contributor with other software (except as part of the + Contributor Version) or other devices; or (3) under Patent + Claims infringed by Covered Software in the absence of + Modifications made by that Contributor. + +3. Distribution Obligations. + + 3.1. Availability of Source Code. + + Any Covered Software that You distribute or otherwise make + available in Executable form must also be made available in + Source Code form and that Source Code form must be distributed + only under the terms of this License. You must include a copy of + this License with every copy of the Source Code form of the + Covered Software You distribute or otherwise make available. You + must inform recipients of any such Covered Software in Executable + form as to how they can obtain such Covered Software in Source + Code form in a reasonable manner on or through a medium + customarily used for software exchange. + + 3.2. Modifications. + + The Modifications that You create or to which You contribute are + governed by the terms of this License. You represent that You + believe Your Modifications are Your original creation(s) and/or + You have sufficient rights to grant the rights conveyed by this + License. + + 3.3. Required Notices. + + You must include a notice in each of Your Modifications that + identifies You as the Contributor of the Modification. You may + not remove or alter any copyright, patent or trademark notices + contained within the Covered Software, or any notices of + licensing or any descriptive text giving attribution to any + Contributor or the Initial Developer. + + 3.4. Application of Additional Terms. + + You may not offer or impose any terms on any Covered Software in + Source Code form that alters or restricts the applicable version + of this License or the recipients' rights hereunder. You may + choose to offer, and to charge a fee for, warranty, support, + indemnity or liability obligations to one or more recipients of + Covered Software. However, you may do so only on Your own behalf, + and not on behalf of the Initial Developer or any Contributor. + You must make it absolutely clear that any such warranty, + support, indemnity or liability obligation is offered by You + alone, and You hereby agree to indemnify the Initial Developer + and every Contributor for any liability incurred by the Initial + Developer or such Contributor as a result of warranty, support, + indemnity or liability terms You offer. + + 3.5. Distribution of Executable Versions. + + You may distribute the Executable form of the Covered Software + under the terms of this License or under the terms of a license + of Your choice, which may contain terms different from this + License, provided that You are in compliance with the terms of + this License and that the license for the Executable form does + not attempt to limit or alter the recipient's rights in the + Source Code form from the rights set forth in this License. If + You distribute the Covered Software in Executable form under a + different license, You must make it absolutely clear that any + terms which differ from this License are offered by You alone, + not by the Initial Developer or Contributor. You hereby agree to + indemnify the Initial Developer and every Contributor for any + liability incurred by the Initial Developer or such Contributor + as a result of any such terms You offer. + + 3.6. Larger Works. + + You may create a Larger Work by combining Covered Software with + other code not governed by the terms of this License and + distribute the Larger Work as a single product. In such a case, + You must make sure the requirements of this License are fulfilled + for the Covered Software. + +4. Versions of the License. + + 4.1. New Versions. + + Sun Microsystems, Inc. is the initial license steward and may + publish revised and/or new versions of this License from time to + time. Each version will be given a distinguishing version number. + Except as provided in Section 4.3, no one other than the license + steward has the right to modify this License. + + 4.2. Effect of New Versions. + + You may always continue to use, distribute or otherwise make the + Covered Software available under the terms of the version of the + License under which You originally received the Covered Software. + If the Initial Developer includes a notice in the Original + Software prohibiting it from being distributed or otherwise made + available under any subsequent version of the License, You must + distribute and make the Covered Software available under the + terms of the version of the License under which You originally + received the Covered Software. Otherwise, You may also choose to + use, distribute or otherwise make the Covered Software available + under the terms of any subsequent version of the License + published by the license steward. + + 4.3. Modified Versions. + + When You are an Initial Developer and You want to create a new + license for Your Original Software, You may create and use a + modified version of this License if You: (a) rename the license + and remove any references to the name of the license steward + (except to note that the license differs from this License); and + (b) otherwise make it clear that the license contains terms which + differ from this License. + +5. DISCLAIMER OF WARRANTY. + +COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. +THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED +SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN +ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) +ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS +DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. +NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER +THIS DISCLAIMER. + +6. TERMINATION. + + 6.1. This License and the rights granted hereunder will terminate + automatically if You fail to comply with terms herein and fail to + cure such breach within 30 days of becoming aware of the breach. + Provisions which, by their nature, must remain in effect beyond + the termination of this License shall survive. + + 6.2. If You assert a patent infringement claim (excluding + declaratory judgment actions) against Initial Developer or a + Contributor (the Initial Developer or Contributor against whom + You assert such claim is referred to as "Participant") alleging + that the Participant Software (meaning the Contributor Version + where the Participant is a Contributor or the Original Software + where the Participant is the Initial Developer) directly or + indirectly infringes any patent, then any and all rights granted + directly or indirectly to You by such Participant, the Initial + Developer (if the Initial Developer is not the Participant) and + all Contributors under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate + prospectively and automatically at the expiration of such 60 day + notice period, unless if within such 60 day period You withdraw + Your claim with respect to the Participant Software against such + Participant either unilaterally or pursuant to a written + agreement with Participant. + + 6.3. In the event of termination under Sections 6.1 or 6.2 above, + all end user licenses that have been validly granted by You or + any distributor hereunder prior to termination (excluding + licenses granted to You by any distributor) shall survive + termination. + +7. LIMITATION OF LIABILITY. + +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED +SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY +PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES +OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST +PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR +MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN +IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH +DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR +DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE +EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO +NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL +DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + +8. U.S. GOVERNMENT END USERS. + +The Covered Software is a "commercial item," as that term is defined +in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer +software" (as that term is defined at 48 C.F.R. ยง 252.227-7014(a)(1)) +and "commercial computer software documentation" as such terms are +used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. +12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all +U.S. Government End Users acquire Covered Software with only those +rights set forth herein. This U.S. Government Rights clause is in lieu +of, and supersedes, any other FAR, DFAR, or other clause or provision +that addresses Government rights in computer software under this +License. + +9. MISCELLANEOUS. + +This License represents the complete agreement concerning subject +matter hereof. If any provision of this License is held to be +unenforceable, such provision shall be reformed only to the extent +necessary to make it enforceable. This License shall be governed by +the law of the jurisdiction specified in a notice contained within the +Original Software (except to the extent applicable law, if any, +provides otherwise), excluding such jurisdiction's conflict-of-law +provisions. Any litigation relating to this License shall be subject +to the jurisdiction of the courts located in the jurisdiction and +venue specified in a notice contained within the Original Software, +with the losing party responsible for costs, including, without +limitation, court costs and reasonable attorneys' fees and expenses. +The application of the United Nations Convention on Contracts for the +International Sale of Goods is expressly excluded. Any law or +regulation which provides that the language of a contract shall be +construed against the drafter shall not apply to this License. You +agree that You alone are responsible for compliance with the United +States export administration regulations (and the export control laws +and regulation of any other countries) when You use, distribute or +otherwise make available any Covered Software. + +10. RESPONSIBILITY FOR CLAIMS. + +As between Initial Developer and the Contributors, each party is +responsible for claims and damages arising, directly or indirectly, +out of its utilization of rights under this License and You agree to +work with Initial Developer and Contributors to distribute such +responsibility on an equitable basis. Nothing herein is intended or +shall be deemed to constitute any admission of liability. |