| 1 | Some source files in the VirtualBox Open Source Edition (OSE) are
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| 2 | dual-licensed under both the GNU General Public License V3.0 (GPL3, see
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| 3 | the COPYING file) and the Common Development and Distribution License,
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| 4 | Version 1.0 (CDDL), as shown below. This applies only to source files
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| 5 | where this dual-licensing is explicitly worded in the file's header.
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| 6 |
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| 7 | ---
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| 8 |
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| 9 |
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| 10 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
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| 11 |
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| 12 | 1. Definitions.
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| 13 |
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| 14 | 1.1. "Contributor" means each individual or entity that creates
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| 15 | or contributes to the creation of Modifications.
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| 16 |
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| 17 | 1.2. "Contributor Version" means the combination of the Original
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| 18 | Software, prior Modifications used by a Contributor (if any),
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| 19 | and the Modifications made by that particular Contributor.
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| 20 |
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| 21 | 1.3. "Covered Software" means (a) the Original Software, or (b)
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| 22 | Modifications, or (c) the combination of files containing
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| 23 | Original Software with files containing Modifications, in
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| 24 | each case including portions thereof.
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| 25 |
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| 26 | 1.4. "Executable" means the Covered Software in any form other
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| 27 | than Source Code.
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| 28 |
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| 29 | 1.5. "Initial Developer" means the individual or entity that first
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| 30 | makes Original Software available under this License.
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| 31 |
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| 32 | 1.6. "Larger Work" means a work which combines Covered Software or
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| 33 | portions thereof with code not governed by the terms of this
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| 34 | License.
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| 35 |
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| 36 | 1.7. "License" means this document.
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| 37 |
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| 38 | 1.8. "Licensable" means having the right to grant, to the maximum
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| 39 | extent possible, whether at the time of the initial grant or
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| 40 | subsequently acquired, any and all of the rights conveyed
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| 41 | herein.
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| 42 |
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| 43 | 1.9. "Modifications" means the Source Code and Executable form of
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| 44 | any of the following:
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| 45 |
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| 46 | A. Any file that results from an addition to, deletion from or
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| 47 | modification of the contents of a file containing Original
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| 48 | Software or previous Modifications;
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| 49 |
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| 50 | B. Any new file that contains any part of the Original
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| 51 | Software or previous Modifications; or
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| 52 |
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| 53 | C. Any new file that is contributed or otherwise made
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| 54 | available under the terms of this License.
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| 55 |
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| 56 | 1.10. "Original Software" means the Source Code and Executable
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| 57 | form of computer software code that is originally released
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| 58 | under this License.
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| 59 |
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| 60 | 1.11. "Patent Claims" means any patent claim(s), now owned or
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| 61 | hereafter acquired, including without limitation, method,
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| 62 | process, and apparatus claims, in any patent Licensable by
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| 63 | grantor.
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| 64 |
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| 65 | 1.12. "Source Code" means (a) the common form of computer software
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| 66 | code in which modifications are made and (b) associated
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| 67 | documentation included in or with such code.
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| 68 |
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| 69 | 1.13. "You" (or "Your") means an individual or a legal entity
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| 70 | exercising rights under, and complying with all of the terms
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| 71 | of, this License. For legal entities, "You" includes any
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| 72 | entity which controls, is controlled by, or is under common
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| 73 | control with You. For purposes of this definition,
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| 74 | "control" means (a) the power, direct or indirect, to cause
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| 75 | the direction or management of such entity, whether by
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| 76 | contract or otherwise, or (b) ownership of more than fifty
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| 77 | percent (50%) of the outstanding shares or beneficial
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| 78 | ownership of such entity.
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| 79 |
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| 80 | 2. License Grants.
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| 81 |
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| 82 | 2.1. The Initial Developer Grant.
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| 83 |
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| 84 | Conditioned upon Your compliance with Section 3.1 below and
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| 85 | subject to third party intellectual property claims, the Initial
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| 86 | Developer hereby grants You a world-wide, royalty-free,
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| 87 | non-exclusive license:
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| 88 |
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| 89 | (a) under intellectual property rights (other than patent or
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| 90 | trademark) Licensable by Initial Developer, to use,
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| 91 | reproduce, modify, display, perform, sublicense and
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| 92 | distribute the Original Software (or portions thereof),
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| 93 | with or without Modifications, and/or as part of a Larger
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| 94 | Work; and
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| 95 |
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| 96 | (b) under Patent Claims infringed by the making, using or
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| 97 | selling of Original Software, to make, have made, use,
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| 98 | practice, sell, and offer for sale, and/or otherwise
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| 99 | dispose of the Original Software (or portions thereof).
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| 100 |
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| 101 | (c) The licenses granted in Sections 2.1(a) and (b) are
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| 102 | effective on the date Initial Developer first distributes
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| 103 | or otherwise makes the Original Software available to a
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| 104 | third party under the terms of this License.
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| 105 |
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| 106 | (d) Notwithstanding Section 2.1(b) above, no patent license is
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| 107 | granted: (1) for code that You delete from the Original
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| 108 | Software, or (2) for infringements caused by: (i) the
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| 109 | modification of the Original Software, or (ii) the
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| 110 | combination of the Original Software with other software
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| 111 | or devices.
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| 112 |
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| 113 | 2.2. Contributor Grant.
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| 114 |
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| 115 | Conditioned upon Your compliance with Section 3.1 below and
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| 116 | subject to third party intellectual property claims, each
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| 117 | Contributor hereby grants You a world-wide, royalty-free,
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| 118 | non-exclusive license:
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| 119 |
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| 120 | (a) under intellectual property rights (other than patent or
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| 121 | trademark) Licensable by Contributor to use, reproduce,
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| 122 | modify, display, perform, sublicense and distribute the
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| 123 | Modifications created by such Contributor (or portions
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| 124 | thereof), either on an unmodified basis, with other
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| 125 | Modifications, as Covered Software and/or as part of a
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| 126 | Larger Work; and
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| 127 |
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| 128 | (b) under Patent Claims infringed by the making, using, or
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| 129 | selling of Modifications made by that Contributor either
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| 130 | alone and/or in combination with its Contributor Version
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| 131 | (or portions of such combination), to make, use, sell,
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| 132 | offer for sale, have made, and/or otherwise dispose of:
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| 133 | (1) Modifications made by that Contributor (or portions
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| 134 | thereof); and (2) the combination of Modifications made by
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| 135 | that Contributor with its Contributor Version (or portions
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| 136 | of such combination).
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| 137 |
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| 138 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
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| 139 | effective on the date Contributor first distributes or
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| 140 | otherwise makes the Modifications available to a third
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| 141 | party.
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| 142 |
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| 143 | (d) Notwithstanding Section 2.2(b) above, no patent license is
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| 144 | granted: (1) for any code that Contributor has deleted
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| 145 | from the Contributor Version; (2) for infringements caused
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| 146 | by: (i) third party modifications of Contributor Version,
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| 147 | or (ii) the combination of Modifications made by that
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| 148 | Contributor with other software (except as part of the
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| 149 | Contributor Version) or other devices; or (3) under Patent
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| 150 | Claims infringed by Covered Software in the absence of
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| 151 | Modifications made by that Contributor.
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| 152 |
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| 153 | 3. Distribution Obligations.
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| 154 |
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| 155 | 3.1. Availability of Source Code.
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| 156 |
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| 157 | Any Covered Software that You distribute or otherwise make
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| 158 | available in Executable form must also be made available in Source
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| 159 | Code form and that Source Code form must be distributed only under
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| 160 | the terms of this License. You must include a copy of this
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| 161 | License with every copy of the Source Code form of the Covered
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| 162 | Software You distribute or otherwise make available. You must
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| 163 | inform recipients of any such Covered Software in Executable form
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| 164 | as to how they can obtain such Covered Software in Source Code
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| 165 | form in a reasonable manner on or through a medium customarily
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| 166 | used for software exchange.
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| 167 |
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| 168 | 3.2. Modifications.
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| 169 |
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| 170 | The Modifications that You create or to which You contribute are
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| 171 | governed by the terms of this License. You represent that You
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| 172 | believe Your Modifications are Your original creation(s) and/or
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| 173 | You have sufficient rights to grant the rights conveyed by this
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| 174 | License.
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| 175 |
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| 176 | 3.3. Required Notices.
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| 177 |
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| 178 | You must include a notice in each of Your Modifications that
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| 179 | identifies You as the Contributor of the Modification. You may
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| 180 | not remove or alter any copyright, patent or trademark notices
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| 181 | contained within the Covered Software, or any notices of licensing
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| 182 | or any descriptive text giving attribution to any Contributor or
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| 183 | the Initial Developer.
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| 184 |
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| 185 | 3.4. Application of Additional Terms.
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| 186 |
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| 187 | You may not offer or impose any terms on any Covered Software in
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| 188 | Source Code form that alters or restricts the applicable version
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| 189 | of this License or the recipients' rights hereunder. You may
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| 190 | choose to offer, and to charge a fee for, warranty, support,
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| 191 | indemnity or liability obligations to one or more recipients of
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| 192 | Covered Software. However, you may do so only on Your own behalf,
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| 193 | and not on behalf of the Initial Developer or any Contributor.
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| 194 | You must make it absolutely clear that any such warranty, support,
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| 195 | indemnity or liability obligation is offered by You alone, and You
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| 196 | hereby agree to indemnify the Initial Developer and every
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| 197 | Contributor for any liability incurred by the Initial Developer or
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| 198 | such Contributor as a result of warranty, support, indemnity or
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| 199 | liability terms You offer.
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| 200 |
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| 201 | 3.5. Distribution of Executable Versions.
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| 202 |
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| 203 | You may distribute the Executable form of the Covered Software
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| 204 | under the terms of this License or under the terms of a license of
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| 205 | Your choice, which may contain terms different from this License,
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| 206 | provided that You are in compliance with the terms of this License
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| 207 | and that the license for the Executable form does not attempt to
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| 208 | limit or alter the recipient's rights in the Source Code form from
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| 209 | the rights set forth in this License. If You distribute the
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| 210 | Covered Software in Executable form under a different license, You
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| 211 | must make it absolutely clear that any terms which differ from
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| 212 | this License are offered by You alone, not by the Initial
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| 213 | Developer or Contributor. You hereby agree to indemnify the
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| 214 | Initial Developer and every Contributor for any liability incurred
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| 215 | by the Initial Developer or such Contributor as a result of any
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| 216 | such terms You offer.
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| 217 |
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| 218 | 3.6. Larger Works.
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| 219 |
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| 220 | You may create a Larger Work by combining Covered Software with
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| 221 | other code not governed by the terms of this License and
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| 222 | distribute the Larger Work as a single product. In such a case,
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| 223 | You must make sure the requirements of this License are fulfilled
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| 224 | for the Covered Software.
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| 225 |
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| 226 | 4. Versions of the License.
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| 227 |
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| 228 | 4.1. New Versions.
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| 229 |
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| 230 | Sun Microsystems, Inc. is the initial license steward and may
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| 231 | publish revised and/or new versions of this License from time to
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| 232 | time. Each version will be given a distinguishing version number.
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| 233 | Except as provided in Section 4.3, no one other than the license
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| 234 | steward has the right to modify this License.
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| 235 |
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| 236 | 4.2. Effect of New Versions.
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| 237 |
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| 238 | You may always continue to use, distribute or otherwise make the
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| 239 | Covered Software available under the terms of the version of the
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| 240 | License under which You originally received the Covered Software.
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| 241 | If the Initial Developer includes a notice in the Original
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| 242 | Software prohibiting it from being distributed or otherwise made
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| 243 | available under any subsequent version of the License, You must
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| 244 | distribute and make the Covered Software available under the terms
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| 245 | of the version of the License under which You originally received
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| 246 | the Covered Software. Otherwise, You may also choose to use,
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| 247 | distribute or otherwise make the Covered Software available under
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| 248 | the terms of any subsequent version of the License published by
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| 249 | the license steward.
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| 250 |
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| 251 | 4.3. Modified Versions.
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| 252 |
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| 253 | When You are an Initial Developer and You want to create a new
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| 254 | license for Your Original Software, You may create and use a
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| 255 | modified version of this License if You: (a) rename the license
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| 256 | and remove any references to the name of the license steward
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| 257 | (except to note that the license differs from this License); and
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| 258 | (b) otherwise make it clear that the license contains terms which
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| 259 | differ from this License.
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| 260 |
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| 261 | 5. DISCLAIMER OF WARRANTY.
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| 262 |
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| 263 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
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| 264 | BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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| 265 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
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| 266 | SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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| 267 | PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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| 268 | PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
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| 269 | COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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| 270 | INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
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| 271 | NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
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| 272 | WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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| 273 | ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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| 274 | DISCLAIMER.
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| 275 |
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| 276 | 6. TERMINATION.
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| 277 |
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| 278 | 6.1. This License and the rights granted hereunder will terminate
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| 279 | automatically if You fail to comply with terms herein and fail to
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| 280 | cure such breach within 30 days of becoming aware of the breach.
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| 281 | Provisions which, by their nature, must remain in effect beyond
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| 282 | the termination of this License shall survive.
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| 283 |
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| 284 | 6.2. If You assert a patent infringement claim (excluding
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| 285 | declaratory judgment actions) against Initial Developer or a
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| 286 | Contributor (the Initial Developer or Contributor against whom You
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| 287 | assert such claim is referred to as "Participant") alleging that
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| 288 | the Participant Software (meaning the Contributor Version where
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| 289 | the Participant is a Contributor or the Original Software where
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| 290 | the Participant is the Initial Developer) directly or indirectly
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| 291 | infringes any patent, then any and all rights granted directly or
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| 292 | indirectly to You by such Participant, the Initial Developer (if
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| 293 | the Initial Developer is not the Participant) and all Contributors
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| 294 | under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
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| 295 | notice from Participant terminate prospectively and automatically
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| 296 | at the expiration of such 60 day notice period, unless if within
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| 297 | such 60 day period You withdraw Your claim with respect to the
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| 298 | Participant Software against such Participant either unilaterally
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| 299 | or pursuant to a written agreement with Participant.
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| 300 |
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| 301 | 6.3. In the event of termination under Sections 6.1 or 6.2 above,
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| 302 | all end user licenses that have been validly granted by You or any
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| 303 | distributor hereunder prior to termination (excluding licenses
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| 304 | granted to You by any distributor) shall survive termination.
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| 305 |
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| 306 | 7. LIMITATION OF LIABILITY.
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| 307 |
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| 308 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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| 309 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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| 310 | INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
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| 311 | COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
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| 312 | LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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| 313 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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| 314 | LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
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| 315 | STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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| 316 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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| 317 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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| 318 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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| 319 | INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
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| 320 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
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| 321 | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
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| 322 | CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
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| 323 | APPLY TO YOU.
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| 324 |
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| 325 | 8. U.S. GOVERNMENT END USERS.
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| 326 |
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| 327 | The Covered Software is a "commercial item," as that term is
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| 328 | defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
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| 329 | computer software" (as that term is defined at 48
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| 330 | C.F.R. 252.227-7014(a)(1)) and "commercial computer software
|
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| 331 | documentation" as such terms are used in 48 C.F.R. 12.212
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| 332 | (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
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| 333 | C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
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| 334 | U.S. Government End Users acquire Covered Software with only those
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| 335 | rights set forth herein. This U.S. Government Rights clause is in
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| 336 | lieu of, and supersedes, any other FAR, DFAR, or other clause or
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| 337 | provision that addresses Government rights in computer software
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| 338 | under this License.
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| 339 |
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| 340 | 9. MISCELLANEOUS.
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| 341 |
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| 342 | This License represents the complete agreement concerning subject
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| 343 | matter hereof. If any provision of this License is held to be
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| 344 | unenforceable, such provision shall be reformed only to the extent
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| 345 | necessary to make it enforceable. This License shall be governed
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| 346 | by the law of the jurisdiction specified in a notice contained
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| 347 | within the Original Software (except to the extent applicable law,
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| 348 | if any, provides otherwise), excluding such jurisdiction's
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| 349 | conflict-of-law provisions. Any litigation relating to this
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| 350 | License shall be subject to the jurisdiction of the courts located
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| 351 | in the jurisdiction and venue specified in a notice contained
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| 352 | within the Original Software, with the losing party responsible
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| 353 | for costs, including, without limitation, court costs and
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| 354 | reasonable attorneys' fees and expenses. The application of the
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| 355 | United Nations Convention on Contracts for the International Sale
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| 356 | of Goods is expressly excluded. Any law or regulation which
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| 357 | provides that the language of a contract shall be construed
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| 358 | against the drafter shall not apply to this License. You agree
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| 359 | that You alone are responsible for compliance with the United
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| 360 | States export administration regulations (and the export control
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| 361 | laws and regulation of any other countries) when You use,
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| 362 | distribute or otherwise make available any Covered Software.
|
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| 363 |
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| 364 | 10. RESPONSIBILITY FOR CLAIMS.
|
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| 365 |
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| 366 | As between Initial Developer and the Contributors, each party is
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| 367 | responsible for claims and damages arising, directly or
|
|---|
| 368 | indirectly, out of its utilization of rights under this License
|
|---|
| 369 | and You agree to work with Initial Developer and Contributors to
|
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| 370 | distribute such responsibility on an equitable basis. Nothing
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| 371 | herein is intended or shall be deemed to constitute any admission
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| 372 | of liability.
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| 373 |
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| 374 | --------------------------------------------------------------------
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| 375 |
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| 376 | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
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| 377 | DISTRIBUTION LICENSE (CDDL)
|
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| 378 |
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| 379 | For Covered Software in this distribution, this License shall
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| 380 | be governed by the laws of the State of California (excluding
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| 381 | conflict-of-law provisions).
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| 382 |
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| 383 | Any litigation relating to this License shall be subject to the
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| 384 | jurisdiction of the Federal Courts of the Northern District of
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| 385 | California and the state courts of the State of California, with
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| 386 | venue lying in Santa Clara County, California.
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