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OPEN SOURCE LICENSE
any patent where such claim is resolved (such
as by license or settlement) prior to the initiation
of patent infringement litigation, then the
reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount
or value of any payment or license. 8.4. In the
event of termination under Sections 8.1 or 8.2
above, all end user license agreements (excluding
distributors and resellers) which have been validly
granted by You or any distributor hereunder prior
to termination shall survive termination.
9. 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 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.
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 MPL 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
