MOZILLA PUBLIC LICENSE
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Version 1.1
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---------------
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the
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Covered Code available to a third party.
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1.1. "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original
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Code, prior Modifications used by a Contributor, and the Modifications
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made by that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic
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transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source
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Code.
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1.6. "Initial Developer" means the individual or entity identified
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as the Initial Developer in the Source Code notice required by Exhibit
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A.
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1.7. "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.9. "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file
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containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or
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previous Modifications.
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1.10. "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as
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Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process,
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and apparatus claims, in any patent Licensable by grantor.
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1.11. "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus
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any associated interface definition files, scripts used to control
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compilation and installation of an Executable, or source code
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differential comparisons against either the Original Code or another
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well known, available Covered Code of the Contributor's choice. The
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Source Code can be in a compressed or archival form, provided the
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appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this
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License or a future version of this License issued under Section 6.1.
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For legal entities, "You" includes any entity which controls, is
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controlled by, or is under common control with You. For purposes of
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this definition, "control" means (a) the power, direct or indirect,
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to cause the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of more than fifty percent
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(50%) of the outstanding shares or beneficial ownership of such
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entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer to use, reproduce,
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modify, display, perform, sublicense and distribute the Original
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Code (or portions thereof) with or without Modifications, and/or
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as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or
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selling of Original Code, to make, have made, use, practice,
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sell, and offer for sale, and/or otherwise dispose of the
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Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are
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effective on the date Initial Developer first distributes
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Original Code under the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is
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granted: 1) for code that You delete from the Original Code; 2)
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separate from the Original Code; or 3) for infringements caused
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by: i) the modification of the Original Code or ii) the
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combination of the Original Code with other software or devices.
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2.2. Contributor Grant.
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Subject to third party intellectual property claims, each Contributor
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hereby grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor, to use, reproduce, modify,
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display, perform, sublicense and distribute the Modifications
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created by such Contributor (or portions thereof) either on an
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unmodified basis, with other Modifications, as Covered Code
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and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or
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selling of Modifications made by that Contributor either alone
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and/or in combination with its Contributor Version (or portions
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of such combination), to make, use, sell, offer for sale, have
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made, and/or otherwise dispose of: 1) Modifications made by that
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Contributor (or portions thereof); and 2) the combination of
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Modifications made by that Contributor with its Contributor
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Version (or portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
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effective on the date Contributor first makes Commercial Use of
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the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted: 1) for any code that Contributor has deleted from the
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Contributor Version; 2) separate from the Contributor Version;
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3) for infringements caused by: i) third party modifications of
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Contributor Version or ii) the combination of Modifications made
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by that Contributor with other software (except as part of the
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Contributor Version) or other devices; or 4) under Patent Claims
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infringed by Covered Code in the absence of Modifications made by
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that Contributor.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are
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governed by the terms of this License, including without limitation
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Section 2.2. The Source Code version of Covered Code may be
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distributed only under the terms of this License or a future version
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of this License released under Section 6.1, and You must include a
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copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this
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License or the recipients' rights hereunder. However, You may include
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an additional document offering the additional rights described in
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Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be
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made available in Source Code form under the terms of this License
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either on the same media as an Executable version or via an accepted
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Electronic Distribution Mechanism to anyone to whom you made an
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Executable version available; and if made available via Electronic
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Distribution Mechanism, must remain available for at least twelve (12)
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months after the date it initially became available, or at least six
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(6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for
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ensuring that the Source Code version remains available even if the
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Electronic Distribution Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a
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file documenting the changes You made to create that Covered Code and
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the date of any change. You must include a prominent statement that
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the Modification is derived, directly or indirectly, from Original
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Code provided by the Initial Developer and including the name of the
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Initial Developer in (a) the Source Code, and (b) in any notice in an
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Executable version or related documentation in which You describe the
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origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If Contributor has knowledge that a license under a third party's
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intellectual property rights is required to exercise the rights
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granted by such Contributor under Sections 2.1 or 2.2,
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Contributor must include a text file with the Source Code
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distribution titled "LEGAL" which describes the claim and the
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party making the claim in sufficient detail that a recipient will
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know whom to contact. If Contributor obtains such knowledge after
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the Modification is made available as described in Section 3.2,
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Contributor shall promptly modify the LEGAL file in all copies
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Contributor makes available thereafter and shall take other steps
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(such as notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the Covered
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Code that new knowledge has been obtained.
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(b) Contributor APIs.
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If Contributor's Modifications include an application programming
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interface and Contributor has knowledge of patent licenses which
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are reasonably necessary to implement that API, Contributor must
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also include this information in the LEGAL file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to
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Section 3.4(a) above, Contributor believes that Contributor's
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Modifications are Contributor's original creation(s) and/or
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Contributor has sufficient rights to grant the rights conveyed by
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this License.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source
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Code. If it is not possible to put such notice in a particular Source
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Code file due to its structure, then You must include such notice in a
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location (such as a relevant directory) where a user would be likely
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to look for such a notice. If You created one or more Modification(s)
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You may add your name as a Contributor to the notice described in
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Exhibit A. You must also duplicate this License in any documentation
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for the Source Code where You describe recipients' rights or ownership
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rights relating to Covered Code. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability
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obligations to one or more recipients of Covered Code. However, You
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may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear than
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any such warranty, support, indemnity or liability obligation is
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offered by You alone, and You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty,
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support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the
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requirements of Section 3.1-3.5 have been met for that Covered Code,
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and if You include a notice stating that the Source Code version of
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the Covered Code is available under the terms of this License,
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including a description of how and where You have fulfilled the
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obligations of Section 3.2. The notice must be conspicuously included
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in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the
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Covered Code. You may distribute the Executable version of Covered
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Code or ownership rights under a license of Your choice, which may
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contain terms different from this License, provided that You are in
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compliance with the terms of this License and that the license for the
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Executable version does not attempt to limit or alter the recipient's
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rights in the Source Code version from the rights set forth in this
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License. If You distribute the Executable version under a different
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license You must make it absolutely clear that any terms which differ
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from this License are offered by You alone, not by the Initial
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Developer or any Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of any such
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terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code
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not governed by the terms of this License and distribute the Larger
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Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Code due to
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statute, judicial order, or regulation then You must: (a) comply with
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the terms of this License to the maximum extent possible; and (b)
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describe the limitations and the code they affect. Such description
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must be included in the LEGAL file described in Section 3.4 and must
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be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be
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sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has
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attached the notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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Netscape Communications Corporation ("Netscape") may publish revised
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and/or new versions of the License from time to time. Each version
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will be given a distinguishing version number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the
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License, You may always continue to use it under the terms of that
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version. You may also choose to use such Covered Code under the terms
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of any subsequent version of the License published by Netscape. No one
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other than Netscape has the right to modify the terms applicable to
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Covered Code created under this License.
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6.3. Derivative Works.
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If You create or use a modified version of this License (which you may
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only do in order to apply it to code which is not already Covered Code
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governed by this License), You must (a) rename Your license so that
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the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
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"MPL", "NPL" or any confusingly similar phrase do not appear in your
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license (except to note that your license differs from this License)
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and (b) otherwise make it clear that Your version of the license
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contains terms which differ from the Mozilla Public License and
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Netscape Public License. (Filling in the name of the Initial
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Developer, Original Code or Contributor in the notice described in
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Exhibit A shall not of themselves be deemed to be modifications of
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this License.)
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
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IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
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YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
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COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code which are properly granted shall
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survive any termination of this License. Provisions which, by their
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nature, must remain in effect beyond the termination of this License
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shall survive.
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8.2. If You initiate litigation by asserting a patent infringement
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claim (excluding declatory judgment actions) against Initial Developer
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or a Contributor (the Initial Developer or Contributor against whom
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You file such action is referred to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly
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infringes any patent, then any and all rights granted by such
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Participant to You under Sections 2.1 and/or 2.2 of this License
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shall, upon 60 days notice from Participant terminate prospectively,
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unless if within 60 days after receipt of notice You either: (i)
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agree in writing to pay Participant a mutually agreeable reasonable
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royalty for Your past and future use of Modifications made by such
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Participant, or (ii) withdraw Your litigation claim with respect to
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the Contributor Version against such Participant. If within 60 days
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of notice, a reasonable royalty and payment arrangement are not
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mutually agreed upon in writing by the parties or the litigation claim
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is not withdrawn, the rights granted by Participant to You under
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Sections 2.1 and/or 2.2 automatically terminate at the expiration of
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the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's
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Contributor Version, directly or indirectly infringes any patent, then
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any rights granted to You by such Participant under Sections 2.1(b)
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and 2.2(b) are revoked effective as of the date You first made, used,
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sold, distributed, or had made, Modifications made by that
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Participant.
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8.3. If You assert a patent infringement claim against Participant
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alleging that such Participant's Contributor Version directly or
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indirectly infringes any patent where such claim is resolved (such as
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by license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses
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granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or
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license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above,
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all end user license agreements (excluding distributors and resellers)
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which have been validly granted by You or any distributor hereunder
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prior to termination shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a "commercial item," as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation," as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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all U.S. Government End Users acquire Covered Code with only those
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rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This License shall be governed by
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California law provisions (except to the extent applicable law, if
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any, provides otherwise), excluding its conflict-of-law provisions.
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With respect to disputes in which at least one party is a citizen of,
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or an entity chartered or registered to do business in the United
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States of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the Northern
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District of California, with venue lying in Santa Clara County,
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California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys' fees and
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expenses. The application of the United Nations Convention on
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Contracts for the International Sale of Goods is expressly excluded.
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Any law or regulation which provides that the language of a contract
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shall be construed against the drafter shall not apply to this
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License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is
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responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License and You agree to
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work with Initial Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as
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"Multiple-Licensed". "Multiple-Licensed" means that the Initial
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Developer permits you to utilize portions of the Covered Code under
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Your choice of the NPL or the alternative licenses, if any, specified
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by the Initial Developer in the file described in Exhibit A.
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EXHIBIT A -Mozilla Public License.
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``The contents of this file are subject to the Mozilla Public License
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Version 1.1 (the "License"); you may not use this file except in
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compliance with the License. You may obtain a copy of the License at
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http://www.mozilla.org/MPL/
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
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License for the specific language governing rights and limitations
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under the License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is ________________________.
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Portions created by ______________________ are Copyright (C) ______
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_______________________. All Rights Reserved.
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Contributor(s): ______________________________________.
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Alternatively, the contents of this file may be used under the terms
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of the _____ license (the "[___] License"), in which case the
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provisions of [______] License are applicable instead of those
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above. If you wish to allow use of your version of this file only
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under the terms of the [____] License and not to allow others to use
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your version of this file under the MPL, indicate your decision by
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deleting the provisions above and replace them with the notice and
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other provisions required by the [___] License. If you do not delete
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the provisions above, a recipient may use your version of this file
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under either the MPL or the [___] License."
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[NOTE: The text of this Exhibit A may differ slightly from the text of
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the notices in the Source Code files of the Original Code. You should
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use the text of this Exhibit A rather than the text found in the
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Original Code Source Code for Your Modifications.]
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