170
ENG
ENGLISH
OPEN SOURCE LICENSE
under the terms of any subsequent version of the
License published by Netscape. No one other than
Netscape has the right to modify the terms appli-
cable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this
License (which you may only do in order to apply
it to code which is not already Covered Code gov-
erned by this License), You must (a) rename Your
license so that the phrases ''Mozilla'', ''MOZIL-
LAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or
any confusingly similar phrase do not appear
in your license (except to note that your license
differs from this License) and (b) otherwise make
it clear that Your version of the license contains
terms which differ from the Mozilla Public License
and Netscape Public License. (Filling in the name
of the Initial Developer, Original Code or Contribu-
tor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this
License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS
LICENSE ON AN "AS IS'' BASIS, WITHOUT WAR-
RANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE 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 CODE IS
WITH YOU. SHOULD ANY COVERED CODE
PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY
NECESSARY SERVICING, REPAIR OR COR-
RECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER
THIS DISCLAIMER.
8. TERMINATION.
8.1. 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 becom-
ing aware of the breach. All sublicenses to the
Covered Code which are properly granted shall
survive any termination of this License. Provisions
which, by their nature, must remain in effect be-
yond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent
infringement claim (excluding declatory judgment
actions) against Initial Developer or a Contributor
(the Initial Developer or Contributor against whom
You file such action is referred to as "Participant")
alleging that:
(a) such Participant's Contributor Version
directly or indirectly infringes any patent, then
any and all rights granted by such Participant
to You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Partici-
pant terminate prospectively, unless if within
60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past
and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim
with respect to the Contributor Version against
such Participant. If within 60 days of notice, a
reasonable royalty and payment arrangement
are not mutually agreed upon in writing by the
parties or the litigation claim is not withdrawn,
the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate
at the expiration of the 60 day notice period
specified above.
(b) any software, hardware, or device, other
than such Participant's Contributor Version,
directly or indirectly infringes any patent, then
any rights granted to You by such Participant
under Sections 2.1(b) and 2.2(b) are revoked
effective as of the date You first made, used,
sold, distributed, or had made, Modifications
made by that Participant.
8.3. If You assert a patent infringement claim
against Participant alleging that such Participant's
Contributor Version directly or indirectly infringes
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 ac-
count in determining the amount or value of any
payment or license. 8.4. In the event of termina-
tion under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and
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