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12. 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.
13. MULTIPLE-LICENSED CODE.
Initial developer may designate portions of the covered
code as "Multiple-Licensed". "Multiple-Licensed" means
that the initial developer permits you to utilize portions
of the covered code under your choice of the NPL or
the alternative licenses, if any, specified by the initial
developer in the file described in exhibit A.
EXHIBIT A -Mozilla Public License.
The contents of this file are subject to the Mozilla Public
License Version 1.1 (the “license”); you may not use this file
except in compliance with the License. You may obtain a copy
of the license at http://www.mozilla.org/MPL/
Software distributed under the license is distributed on an "AS
IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the license for the specific language governing
rights and limitations under the License.
The Original Code is _____________________________________.
The Initial Developer of the Original Code is________________.
Portions created by _____________________ are Copyright (C)
_______________________. All Rights Reserved.
Contributor(s): __________________________________________.
Alternatively, the contents of this file may be used under the
terms of the _____ license (the "[___] License"), in which case
the provisions of [______] license are applicable instead of
those above. If you wish to allow use of your version of this file
only under the terms of the [____] license and not to allow
others to use your version of this file under the MPL, indicate
your decision by deleting the provisions above and replace
them with the notice and other provisions required by the
[___] license. If you do not delete the provisions above, a
recipient may use your version of this file under either the MPL
or the [___] license."
NOTE: The text of this exhibit A may differ slightly from the
text of the notices in the source code files of the original code.
You should use the text of this exhibit A rather than the text
found in the original code/source code for Your modifications.
CODE,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 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.
10. U.S. GOVERNMENT END USERS.
The covered code is a "commercial item," as that term
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting
of "commercial computer software" 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 code with only those rights
set forth herein.
11. 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
California law provisions (except to the extent
applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in
which at least one party is a citizen of, or an entity
chartered or registered to do business in the united
states of america, any litigation relating to this License
shall be subject to the jurisdiction of the federal courts
of the northern district of california, with venue lying in
santa clara county, california, 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.
