171
ENG
ENGLISH
OPEN SOURCE LICENSE
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 CHAR-
ACTER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MAL-
FUNCTION, OR ANY AND ALL OTHER COMMER-
CIAL DAMAGES OR LOSSES, EVEN IF SUCH
PARTY SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. THIS LIMI-
TATION 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 DAM-
AGES, 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 nec-
essary to make it enforceable. This License shall
be governed by California law provisions (except
to the extent applicable law, if any, provides other-
wise), 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 North-
ern 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 regula-
tion 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
copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distrib-
uted 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 _______________________
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