OPENSOLARIS.LICENSE
author asano
Fri, 26 Aug 2011 10:48:58 +0900
changeset 192 0789bb457ffd
parent 0 6a0a40c21448
permissions -rw-r--r--
7074873 localized /etc/magic (/usr/lib/locale/<locale>/LC_MESSAGES/magic) needs to merge English update
Ignore whitespace changes - Everywhere: Within whitespace: At end of lines:
0
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     1
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     2
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     3
1. Definitions.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     4
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     5
    1.1. "Contributor" means each individual or entity that creates
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     6
         or contributes to the creation of Modifications.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     7
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     8
    1.2. "Contributor Version" means the combination of the Original
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
     9
         Software, prior Modifications used by a Contributor (if any),
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    10
         and the Modifications made by that particular Contributor.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    11
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    12
    1.3. "Covered Software" means (a) the Original Software, or (b)
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    13
         Modifications, or (c) the combination of files containing
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    14
         Original Software with files containing Modifications, in
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    15
         each case including portions thereof.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    16
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    17
    1.4. "Executable" means the Covered Software in any form other
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    18
         than Source Code.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    19
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    20
    1.5. "Initial Developer" means the individual or entity that first
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    21
         makes Original Software available under this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    22
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    23
    1.6. "Larger Work" means a work which combines Covered Software or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    24
         portions thereof with code not governed by the terms of this
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    25
         License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    26
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    27
    1.7. "License" means this document.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    28
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    29
    1.8. "Licensable" means having the right to grant, to the maximum
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    30
         extent possible, whether at the time of the initial grant or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    31
         subsequently acquired, any and all of the rights conveyed
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    32
         herein.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    33
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    34
    1.9. "Modifications" means the Source Code and Executable form of
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    35
         any of the following:
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    36
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    37
        A. Any file that results from an addition to, deletion from or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    38
           modification of the contents of a file containing Original
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    39
           Software or previous Modifications;
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    40
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    41
        B. Any new file that contains any part of the Original
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    42
           Software or previous Modifications; or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    43
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    44
        C. Any new file that is contributed or otherwise made
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    45
           available under the terms of this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    46
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    47
    1.10. "Original Software" means the Source Code and Executable
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    48
          form of computer software code that is originally released
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    49
          under this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    50
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    51
    1.11. "Patent Claims" means any patent claim(s), now owned or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    52
          hereafter acquired, including without limitation, method,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    53
          process, and apparatus claims, in any patent Licensable by
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    54
          grantor.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    55
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    56
    1.12. "Source Code" means (a) the common form of computer software
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    57
          code in which modifications are made and (b) associated
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    58
          documentation included in or with such code.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    59
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    60
    1.13. "You" (or "Your") means an individual or a legal entity
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    61
          exercising rights under, and complying with all of the terms
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    62
          of, this License.  For legal entities, "You" includes any
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    63
          entity which controls, is controlled by, or is under common
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    64
          control with You.  For purposes of this definition,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    65
          "control" means (a) the power, direct or indirect, to cause
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    66
          the direction or management of such entity, whether by
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    67
          contract or otherwise, or (b) ownership of more than fifty
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    68
          percent (50%) of the outstanding shares or beneficial
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    69
          ownership of such entity.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    70
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    71
2. License Grants.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    72
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    73
    2.1. The Initial Developer Grant.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    74
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    75
    Conditioned upon Your compliance with Section 3.1 below and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    76
    subject to third party intellectual property claims, the Initial
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    77
    Developer hereby grants You a world-wide, royalty-free,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    78
    non-exclusive license:
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    79
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    80
        (a) under intellectual property rights (other than patent or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    81
            trademark) Licensable by Initial Developer, to use,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    82
            reproduce, modify, display, perform, sublicense and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    83
            distribute the Original Software (or portions thereof),
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    84
            with or without Modifications, and/or as part of a Larger
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    85
            Work; and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    86
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    87
        (b) under Patent Claims infringed by the making, using or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    88
            selling of Original Software, to make, have made, use,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    89
            practice, sell, and offer for sale, and/or otherwise
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    90
            dispose of the Original Software (or portions thereof).
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    91
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    92
        (c) The licenses granted in Sections 2.1(a) and (b) are
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    93
            effective on the date Initial Developer first distributes
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    94
            or otherwise makes the Original Software available to a
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    95
            third party under the terms of this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    96
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    97
        (d) Notwithstanding Section 2.1(b) above, no patent license is
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    98
            granted: (1) for code that You delete from the Original
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
    99
            Software, or (2) for infringements caused by: (i) the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   100
            modification of the Original Software, or (ii) the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   101
            combination of the Original Software with other software
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   102
            or devices.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   103
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   104
    2.2. Contributor Grant.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   105
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   106
    Conditioned upon Your compliance with Section 3.1 below and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   107
    subject to third party intellectual property claims, each
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   108
    Contributor hereby grants You a world-wide, royalty-free,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   109
    non-exclusive license:
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   110
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   111
        (a) under intellectual property rights (other than patent or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   112
            trademark) Licensable by Contributor to use, reproduce,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   113
            modify, display, perform, sublicense and distribute the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   114
            Modifications created by such Contributor (or portions
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   115
            thereof), either on an unmodified basis, with other
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   116
            Modifications, as Covered Software and/or as part of a
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   117
            Larger Work; and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   118
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   119
        (b) under Patent Claims infringed by the making, using, or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   120
            selling of Modifications made by that Contributor either
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   121
            alone and/or in combination with its Contributor Version
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   122
            (or portions of such combination), to make, use, sell,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   123
            offer for sale, have made, and/or otherwise dispose of:
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   124
            (1) Modifications made by that Contributor (or portions
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   125
            thereof); and (2) the combination of Modifications made by
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   126
            that Contributor with its Contributor Version (or portions
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   127
            of such combination).
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   128
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   129
        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   130
            effective on the date Contributor first distributes or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   131
            otherwise makes the Modifications available to a third
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   132
            party.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   133
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   134
        (d) Notwithstanding Section 2.2(b) above, no patent license is
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   135
            granted: (1) for any code that Contributor has deleted
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   136
            from the Contributor Version; (2) for infringements caused
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   137
            by: (i) third party modifications of Contributor Version,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   138
            or (ii) the combination of Modifications made by that
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   139
            Contributor with other software (except as part of the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   140
            Contributor Version) or other devices; or (3) under Patent
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   141
            Claims infringed by Covered Software in the absence of
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   142
            Modifications made by that Contributor.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   143
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   144
3. Distribution Obligations.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   145
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   146
    3.1. Availability of Source Code.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   147
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   148
    Any Covered Software that You distribute or otherwise make
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   149
    available in Executable form must also be made available in Source
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   150
    Code form and that Source Code form must be distributed only under
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   151
    the terms of this License.  You must include a copy of this
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   152
    License with every copy of the Source Code form of the Covered
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   153
    Software You distribute or otherwise make available.  You must
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   154
    inform recipients of any such Covered Software in Executable form
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   155
    as to how they can obtain such Covered Software in Source Code
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   156
    form in a reasonable manner on or through a medium customarily
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   157
    used for software exchange.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   158
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   159
    3.2. Modifications.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   160
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   161
    The Modifications that You create or to which You contribute are
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   162
    governed by the terms of this License.  You represent that You
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   163
    believe Your Modifications are Your original creation(s) and/or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   164
    You have sufficient rights to grant the rights conveyed by this
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   165
    License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   166
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   167
    3.3. Required Notices.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   168
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   169
    You must include a notice in each of Your Modifications that
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   170
    identifies You as the Contributor of the Modification.  You may
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   171
    not remove or alter any copyright, patent or trademark notices
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   172
    contained within the Covered Software, or any notices of licensing
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   173
    or any descriptive text giving attribution to any Contributor or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   174
    the Initial Developer.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   175
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   176
    3.4. Application of Additional Terms.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   177
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   178
    You may not offer or impose any terms on any Covered Software in
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   179
    Source Code form that alters or restricts the applicable version
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   180
    of this License or the recipients' rights hereunder.  You may
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   181
    choose to offer, and to charge a fee for, warranty, support,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   182
    indemnity or liability obligations to one or more recipients of
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   183
    Covered Software.  However, you may do so only on Your own behalf,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   184
    and not on behalf of the Initial Developer or any Contributor.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   185
    You must make it absolutely clear that any such warranty, support,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   186
    indemnity or liability obligation is offered by You alone, and You
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   187
    hereby agree to indemnify the Initial Developer and every
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   188
    Contributor for any liability incurred by the Initial Developer or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   189
    such Contributor as a result of warranty, support, indemnity or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   190
    liability terms You offer.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   191
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   192
    3.5. Distribution of Executable Versions.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   193
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   194
    You may distribute the Executable form of the Covered Software
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   195
    under the terms of this License or under the terms of a license of
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   196
    Your choice, which may contain terms different from this License,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   197
    provided that You are in compliance with the terms of this License
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   198
    and that the license for the Executable form does not attempt to
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   199
    limit or alter the recipient's rights in the Source Code form from
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   200
    the rights set forth in this License.  If You distribute the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   201
    Covered Software in Executable form under a different license, You
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   202
    must make it absolutely clear that any terms which differ from
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   203
    this License are offered by You alone, not by the Initial
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   204
    Developer or Contributor.  You hereby agree to indemnify the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   205
    Initial Developer and every Contributor for any liability incurred
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   206
    by the Initial Developer or such Contributor as a result of any
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   207
    such terms You offer.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   208
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   209
    3.6. Larger Works.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   210
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   211
    You may create a Larger Work by combining Covered Software with
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   212
    other code not governed by the terms of this License and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   213
    distribute the Larger Work as a single product.  In such a case,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   214
    You must make sure the requirements of this License are fulfilled
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   215
    for the Covered Software.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   216
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   217
4. Versions of the License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   218
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   219
    4.1. New Versions.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   220
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   221
    Sun Microsystems, Inc. is the initial license steward and may
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   222
    publish revised and/or new versions of this License from time to
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   223
    time.  Each version will be given a distinguishing version number.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   224
    Except as provided in Section 4.3, no one other than the license
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   225
    steward has the right to modify this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   226
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   227
    4.2. Effect of New Versions.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   228
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   229
    You may always continue to use, distribute or otherwise make the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   230
    Covered Software available under the terms of the version of the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   231
    License under which You originally received the Covered Software.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   232
    If the Initial Developer includes a notice in the Original
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   233
    Software prohibiting it from being distributed or otherwise made
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   234
    available under any subsequent version of the License, You must
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   235
    distribute and make the Covered Software available under the terms
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   236
    of the version of the License under which You originally received
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   237
    the Covered Software.  Otherwise, You may also choose to use,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   238
    distribute or otherwise make the Covered Software available under
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   239
    the terms of any subsequent version of the License published by
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   240
    the license steward.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   241
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   242
    4.3. Modified Versions.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   243
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   244
    When You are an Initial Developer and You want to create a new
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   245
    license for Your Original Software, You may create and use a
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   246
    modified version of this License if You: (a) rename the license
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   247
    and remove any references to the name of the license steward
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   248
    (except to note that the license differs from this License); and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   249
    (b) otherwise make it clear that the license contains terms which
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   250
    differ from this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   251
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   252
5. DISCLAIMER OF WARRANTY.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   253
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   254
    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   255
    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   256
    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   257
    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   258
    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   259
    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   260
    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   261
    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   262
    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   263
    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   264
    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   265
    DISCLAIMER.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   266
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   267
6. TERMINATION.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   268
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   269
    6.1. This License and the rights granted hereunder will terminate
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   270
    automatically if You fail to comply with terms herein and fail to
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   271
    cure such breach within 30 days of becoming aware of the breach.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   272
    Provisions which, by their nature, must remain in effect beyond
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   273
    the termination of this License shall survive.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   274
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   275
    6.2. If You assert a patent infringement claim (excluding
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   276
    declaratory judgment actions) against Initial Developer or a
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   277
    Contributor (the Initial Developer or Contributor against whom You
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   278
    assert such claim is referred to as "Participant") alleging that
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   279
    the Participant Software (meaning the Contributor Version where
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   280
    the Participant is a Contributor or the Original Software where
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   281
    the Participant is the Initial Developer) directly or indirectly
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   282
    infringes any patent, then any and all rights granted directly or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   283
    indirectly to You by such Participant, the Initial Developer (if
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   284
    the Initial Developer is not the Participant) and all Contributors
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   285
    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   286
    notice from Participant terminate prospectively and automatically
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   287
    at the expiration of such 60 day notice period, unless if within
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   288
    such 60 day period You withdraw Your claim with respect to the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   289
    Participant Software against such Participant either unilaterally
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   290
    or pursuant to a written agreement with Participant.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   291
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   292
    6.3. In the event of termination under Sections 6.1 or 6.2 above,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   293
    all end user licenses that have been validly granted by You or any
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   294
    distributor hereunder prior to termination (excluding licenses
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   295
    granted to You by any distributor) shall survive termination.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   296
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   297
7. LIMITATION OF LIABILITY.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   298
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   299
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   300
    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   301
    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   302
    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   303
    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   304
    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   305
    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   306
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   307
    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   308
    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   309
    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   310
    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   311
    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   312
    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   313
    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   314
    APPLY TO YOU.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   315
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   316
8. U.S. GOVERNMENT END USERS.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   317
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   318
    The Covered Software is a "commercial item," as that term is
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   319
    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   320
    computer software" (as that term is defined at 48
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   321
    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   322
    documentation" as such terms are used in 48 C.F.R. 12.212
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   323
    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   324
    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   325
    U.S. Government End Users acquire Covered Software with only those
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   326
    rights set forth herein.  This U.S. Government Rights clause is in
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   327
    lieu of, and supersedes, any other FAR, DFAR, or other clause or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   328
    provision that addresses Government rights in computer software
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   329
    under this License.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   330
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   331
9. MISCELLANEOUS.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   332
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   333
    This License represents the complete agreement concerning subject
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   334
    matter hereof.  If any provision of this License is held to be
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   335
    unenforceable, such provision shall be reformed only to the extent
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   336
    necessary to make it enforceable.  This License shall be governed
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   337
    by the law of the jurisdiction specified in a notice contained
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   338
    within the Original Software (except to the extent applicable law,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   339
    if any, provides otherwise), excluding such jurisdiction's
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   340
    conflict-of-law provisions.  Any litigation relating to this
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   341
    License shall be subject to the jurisdiction of the courts located
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   342
    in the jurisdiction and venue specified in a notice contained
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   343
    within the Original Software, with the losing party responsible
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   344
    for costs, including, without limitation, court costs and
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   345
    reasonable attorneys' fees and expenses.  The application of the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   346
    United Nations Convention on Contracts for the International Sale
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   347
    of Goods is expressly excluded.  Any law or regulation which
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   348
    provides that the language of a contract shall be construed
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   349
    against the drafter shall not apply to this License.  You agree
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   350
    that You alone are responsible for compliance with the United
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   351
    States export administration regulations (and the export control
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   352
    laws and regulation of any other countries) when You use,
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   353
    distribute or otherwise make available any Covered Software.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   354
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   355
10. RESPONSIBILITY FOR CLAIMS.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   356
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   357
    As between Initial Developer and the Contributors, each party is
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   358
    responsible for claims and damages arising, directly or
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   359
    indirectly, out of its utilization of rights under this License
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   360
    and You agree to work with Initial Developer and Contributors to
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   361
    distribute such responsibility on an equitable basis.  Nothing
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   362
    herein is intended or shall be deemed to constitute any admission
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   363
    of liability.
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   364
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   365
--------------------------------------------------------------------
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   366
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   367
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   368
DISTRIBUTION LICENSE (CDDL)
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   369
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   370
For Covered Software in this distribution, this License shall
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   371
be governed by the laws of the State of California (excluding
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   372
conflict-of-law provisions).
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   373
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   374
Any litigation relating to this License shall be subject to the
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   375
jurisdiction of the Federal Courts of the Northern District of
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   376
California and the state courts of the State of California, with
6a0a40c21448 initial version of Nevada G11N Messages repository
simford
parents:
diff changeset
   377
venue lying in Santa Clara County, California.