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diff --git a/sca-java-1.x/tags/java-M1-final/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt b/sca-java-1.x/tags/java-M1-final/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt new file mode 100644 index 0000000000..4095b1af76 --- /dev/null +++ b/sca-java-1.x/tags/java-M1-final/java/sca/containers/container.rhino/src/main/resources/META-INF/LICENSE.txt @@ -0,0 +1,777 @@ + + Apache License + Version 2.0, January 2004 + http://www.apache.org/licenses/ + + TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION + + 1. Definitions. + + "License" shall mean the terms and conditions for use, reproduction, + and distribution as defined by Sections 1 through 9 of this document. + + "Licensor" shall mean the copyright owner or entity authorized by + the copyright owner that is granting the License. + + "Legal Entity" shall mean the union of the acting entity and all + other entities that control, are controlled by, or are under common + control with that entity. For the purposes of this definition, + "control" means (i) the power, direct or indirect, to cause the + direction or management of such entity, whether by contract or + otherwise, or (ii) ownership of fifty percent (50%) or more of the + outstanding shares, or (iii) beneficial ownership of such entity. + + "You" (or "Your") shall mean an individual or Legal Entity + exercising permissions granted by this License. + + "Source" form shall mean the preferred form for making modifications, + including but not limited to software source code, documentation + source, and configuration files. + + "Object" form shall mean any form resulting from mechanical + transformation or translation of a Source form, including but + not limited to compiled object code, generated documentation, + and conversions to other media types. + + "Work" shall mean the work of authorship, whether in Source or + Object form, made available under the License, as indicated by a + copyright notice that is included in or attached to the work + (an example is provided in the Appendix below). + + "Derivative Works" shall mean any work, whether in Source or Object + form, that is based on (or derived from) the Work and for which the + editorial revisions, annotations, elaborations, or other modifications + represent, as a whole, an original work of authorship. For the purposes + of this License, Derivative Works shall not include works that remain + separable from, or merely link (or bind by name) to the interfaces of, + the Work and Derivative Works thereof. + + "Contribution" shall mean any work of authorship, including + the original version of the Work and any modifications or additions + to that Work or Derivative Works thereof, that is intentionally + submitted to Licensor for inclusion in the Work by the copyright owner + or by an individual or Legal Entity authorized to submit on behalf of + the copyright owner. For the purposes of this definition, "submitted" + means any form of electronic, verbal, or written communication sent + to the Licensor or its representatives, including but not limited to + communication on electronic mailing lists, source code control systems, + and issue tracking systems that are managed by, or on behalf of, the + Licensor for the purpose of discussing and improving the Work, but + excluding communication that is conspicuously marked or otherwise + designated in writing by the copyright owner as "Not a Contribution." + + "Contributor" shall mean Licensor and any individual or Legal Entity + on behalf of whom a Contribution has been received by Licensor and + subsequently incorporated within the Work. + + 2. Grant of Copyright License. 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The contents + of the NOTICE file are for informational purposes only and + do not modify the License. You may add Your own attribution + notices within Derivative Works that You distribute, alongside + or as an addendum to the NOTICE text from the Work, provided + that such additional attribution notices cannot be construed + as modifying the License. + + You may add Your own copyright statement to Your modifications and + may provide additional or different license terms and conditions + for use, reproduction, or distribution of Your modifications, or + for any such Derivative Works as a whole, provided Your use, + reproduction, and distribution of the Work otherwise complies with + the conditions stated in this License. + + 5. Submission of Contributions. Unless You explicitly state otherwise, + any Contribution intentionally submitted for inclusion in the Work + by You to the Licensor shall be under the terms and conditions of + this License, without any additional terms or conditions. + Notwithstanding the above, nothing herein shall supersede or modify + the terms of any separate license agreement you may have executed + with Licensor regarding such Contributions. + + 6. Trademarks. This License does not grant permission to use the trade + names, trademarks, service marks, or product names of the Licensor, + except as required for reasonable and customary use in describing the + origin of the Work and reproducing the content of the NOTICE file. + + 7. Disclaimer of Warranty. Unless required by applicable law or + agreed to in writing, Licensor provides the Work (and each + Contributor provides its Contributions) on an "AS IS" BASIS, + WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or + implied, including, without limitation, any warranties or conditions + of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A + PARTICULAR PURPOSE. You are solely responsible for determining the + appropriateness of using or redistributing the Work and assume any + risks associated with Your exercise of permissions under this License. + + 8. Limitation of Liability. In no event and under no legal theory, + whether in tort (including negligence), contract, or otherwise, + unless required by applicable law (such as deliberate and grossly + negligent acts) or agreed to in writing, shall any Contributor be + liable to You for damages, including any direct, indirect, special, + incidental, or consequential damages of any character arising as a + result of this License or out of the use or inability to use the + Work (including but not limited to damages for loss of goodwill, + work stoppage, computer failure or malfunction, or any and all + other commercial damages or losses), even if such Contributor + has been advised of the possibility of such damages. + + 9. Accepting Warranty or Additional Liability. While redistributing + the Work or Derivative Works thereof, You may choose to offer, + and charge a fee for, acceptance of support, warranty, indemnity, + or other liability obligations and/or rights consistent with this + License. However, in accepting such obligations, You may act only + on Your own behalf and on Your sole responsibility, not on behalf + of any other Contributor, and only if You agree to indemnify, + defend, and hold each Contributor harmless for any liability + incurred by, or claims asserted against, such Contributor by reason + of your accepting any such warranty or additional liability. + + END OF TERMS AND CONDITIONS + + APPENDIX: How to apply the Apache License to your work. + + To apply the Apache License to your work, attach the following + boilerplate notice, with the fields enclosed by brackets "[]" + replaced with your own identifying information. (Don't include + the brackets!) The text should be enclosed in the appropriate + comment syntax for the file format. We also recommend that a + file or class name and description of purpose be included on the + same "printed page" as the copyright notice for easier + identification within third-party archives. + + Copyright [yyyy] [name of copyright owner] + + Licensed under the Apache License, Version 2.0 (the "License"); + you may not use this file except in compliance with the License. + You may obtain a copy of the License at + + http://www.apache.org/licenses/LICENSE-2.0 + + Unless required by applicable law or agreed to in writing, software + distributed under the License is distributed on an "AS IS" BASIS, + WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. + See the License for the specific language governing permissions and + limitations under the License. + +=============================================================================== + +For the Rhino JavaScript project: + +Netscape Public License V1.1 + + AMENDMENTS + + The Netscape Public License Version 1.1 ("NPL") consists of the + Mozilla Public License Version 1.1 with the following Amendments, + including Exhibit A-Netscape Public License. Files identified with + "Exhibit A-Netscape Public License" are governed by the Netscape + Public License Version 1.1. + + Additional Terms applicable to the Netscape Public License. + I. Effect. + These additional terms described in this Netscape Public + License -- Amendments shall apply to the Mozilla Communicator + client code and to all Covered Code under this License. + + II. "Netscape's Branded Code" means Covered Code that Netscape + distributes and/or permits others to distribute under one or more + trademark(s) which are controlled by Netscape but which are not + licensed for use under this License. + + III. Netscape and logo. + This License does not grant any rights to use the trademarks + "Netscape", the "Netscape N and horizon" logo or the "Netscape + lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript", + "Smart Browsing" even if such marks are included in the Original + Code or Modifications. + + IV. Inability to Comply Due to Contractual Obligation. + Prior to licensing the Original Code under this License, Netscape + has licensed third party code for use in Netscape's Branded Code. + To the extent that Netscape is limited contractually from making + such third party code available under this License, Netscape may + choose to reintegrate such code into Covered Code without being + required to distribute such code in Source Code form, even if + such code would otherwise be considered "Modifications" under + this License. + + V. Use of Modifications and Covered Code by Initial Developer. + V.1. In General. + The obligations of Section 3 apply to Netscape, except to + the extent specified in this Amendment, Section V.2 and V.3. + + V.2. Other Products. + Netscape may include Covered Code in products other than the + Netscape's Branded Code which are released by Netscape + during the two (2) years following the release date of the + Original Code, without such additional products becoming + subject to the terms of this License, and may license such + additional products on different terms from those contained + in this License. + + V.3. Alternative Licensing. + Netscape may license the Source Code of Netscape's Branded + Code, including Modifications incorporated therein, without + such Netscape Branded Code becoming subject to the terms of + this License, and may license such Netscape Branded Code on + different terms from those contained in this License. + + VI. Litigation. + Notwithstanding the limitations of Section 11 above, the + provisions regarding litigation in Section 11(a), (b) and (c) of + the License shall apply to all disputes relating to this License. + + EXHIBIT A-Netscape Public License. + + "The contents of this file are subject to the Netscape Public + License Version 1.1 (the "License"); you may not use this file + except in compliance with the License. You may obtain a copy of + the License at http://www.mozilla.org/NPL/ + + Software distributed under the License is distributed on an "AS + IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or + implied. See the License for the specific language governing + rights and limitations under the License. + + The Original Code is Mozilla Communicator client code, released + March 31, 1998. + + The Initial Developer of the Original Code is Netscape + Communications Corporation. Portions created by Netscape are + Copyright (C) 1998-1999 Netscape Communications Corporation. All + Rights Reserved. + + Contributor(s): ______________________________________. + + Alternatively, the contents of this file may be used under the + terms of the _____ license (the "[___] License"), in which case + the provisions of [______] License are applicable instead of + those above. If you wish to allow use of your version of this + file only under the terms of the [____] License and not to allow + others to use your version of this file under the NPL, indicate + your decision by deleting the provisions above and replace them + with the notice and other provisions required by the [___] + License. If you do not delete the provisions above, a recipient + may use your version of this file under either the NPL or the + [___] License." + + ---------------------------------------------------------------------- + + MOZILLA PUBLIC LICENSE + Version 1.1 + + --------------- + +1. Definitions. + + 1.0.1. "Commercial Use" means distribution or otherwise making the + Covered Code available to a third party. + + 1.1. "Contributor" means each entity that creates or contributes to + the creation of Modifications. + + 1.2. "Contributor Version" means the combination of the Original + Code, prior Modifications used by a Contributor, and the Modifications + made by that particular Contributor. + + 1.3. "Covered Code" means the Original Code or Modifications or the + combination of the Original Code and Modifications, in each case + including portions thereof. + + 1.4. "Electronic Distribution Mechanism" means a mechanism generally + accepted in the software development community for the electronic + transfer of data. + + 1.5. "Executable" means Covered Code in any form other than Source + Code. + + 1.6. "Initial Developer" means the individual or entity identified + as the Initial Developer in the Source Code notice required by Exhibit + A. + + 1.7. "Larger Work" means a work which combines Covered Code or + portions thereof with code not governed by the terms of this License. + + 1.8. "License" means this document. + + 1.8.1. "Licensable" means having the right to grant, to the maximum + extent possible, whether at the time of the initial grant or + subsequently acquired, any and all of the rights conveyed herein. + + 1.9. "Modifications" means any addition to or deletion from the + substance or structure of either the Original Code or any previous + Modifications. When Covered Code is released as a series of files, a + Modification is: + A. Any addition to or deletion from the contents of a file + containing Original Code or previous Modifications. + + B. Any new file that contains any part of the Original Code or + previous Modifications. + + 1.10. "Original Code" means Source Code of computer software code + which is described in the Source Code notice required by Exhibit A as + Original Code, and which, at the time of its release under this + License is not already Covered Code governed by this License. + + 1.10.1. "Patent Claims" means any patent claim(s), now owned or + hereafter acquired, including without limitation, method, process, + and apparatus claims, in any patent Licensable by grantor. + + 1.11. "Source Code" means the preferred form of the Covered Code for + making modifications to it, including all modules it contains, plus + any associated interface definition files, scripts used to control + compilation and installation of an Executable, or source code + differential comparisons against either the Original Code or another + well known, available Covered Code of the Contributor's choice. The + Source Code can be in a compressed or archival form, provided the + appropriate decompression or de-archiving software is widely available + for no charge. + + 1.12. "You" (or "Your") means an individual or a legal entity + exercising rights under, and complying with all of the terms of, this + License or a future version of this License issued under Section 6.1. + For legal entities, "You" includes any entity which controls, is + controlled by, or is under common control with You. For purposes of + this definition, "control" means (a) the power, direct or indirect, + to cause the direction or management of such entity, whether by + contract or otherwise, or (b) ownership of more than fifty percent + (50%) of the outstanding shares or beneficial ownership of such + entity. + +2. Source Code License. + + 2.1. The Initial Developer Grant. + The Initial Developer hereby grants You a world-wide, royalty-free, + non-exclusive license, subject to third party intellectual property + claims: + (a) under intellectual property rights (other than patent or + trademark) Licensable by Initial Developer to use, reproduce, + modify, display, perform, sublicense and distribute the Original + Code (or portions thereof) with or without Modifications, and/or + as part of a Larger Work; and + + (b) under Patents Claims infringed by the making, using or + selling of Original Code, to make, have made, use, practice, + sell, and offer for sale, and/or otherwise dispose of the + Original Code (or portions thereof). + + (c) the licenses granted in this Section 2.1(a) and (b) are + effective on the date Initial Developer first distributes + Original Code under the terms of this License. + + (d) Notwithstanding Section 2.1(b) above, no patent license is + granted: 1) for code that You delete from the Original Code; 2) + separate from the Original Code; or 3) for infringements caused + by: i) the modification of the Original Code or ii) the + combination of the Original Code with other software or devices. + + 2.2. Contributor Grant. + Subject to third party intellectual property claims, each Contributor + hereby grants You a world-wide, royalty-free, non-exclusive license + + (a) under intellectual property rights (other than patent or + trademark) Licensable by Contributor, to use, reproduce, modify, + display, perform, sublicense and distribute the Modifications + created by such Contributor (or portions thereof) either on an + unmodified basis, with other Modifications, as Covered Code + and/or as part of a Larger Work; and + + (b) under Patent Claims infringed by the making, using, or + selling of Modifications made by that Contributor either alone + and/or in combination with its Contributor Version (or portions + of such combination), to make, use, sell, offer for sale, have + made, and/or otherwise dispose of: 1) Modifications made by that + Contributor (or portions thereof); and 2) the combination of + Modifications made by that Contributor with its Contributor + Version (or portions of such combination). + + (c) the licenses granted in Sections 2.2(a) and 2.2(b) are + effective on the date Contributor first makes Commercial Use of + the Covered Code. + + (d) Notwithstanding Section 2.2(b) above, no patent license is + granted: 1) for any code that Contributor has deleted from the + Contributor Version; 2) separate from the Contributor Version; + 3) for infringements caused by: i) third party modifications of + Contributor Version or ii) the combination of Modifications made + by that Contributor with other software (except as part of the + Contributor Version) or other devices; or 4) under Patent Claims + infringed by Covered Code in the absence of Modifications made by + that Contributor. + +3. Distribution Obligations. + + 3.1. Application of License. + The Modifications which You create or to which You contribute are + governed by the terms of this License, including without limitation + Section 2.2. The Source Code version of Covered Code may be + distributed only under the terms of this License or a future version + of this License released under Section 6.1, and You must include a + copy of this License with every copy of the Source Code You + distribute. You may not offer or impose any terms on any Source Code + version that alters or restricts the applicable version of this + License or the recipients' rights hereunder. However, You may include + an additional document offering the additional rights described in + Section 3.5. + + 3.2. Availability of Source Code. + Any Modification which You create or to which You contribute must be + made available in Source Code form under the terms of this License + either on the same media as an Executable version or via an accepted + Electronic Distribution Mechanism to anyone to whom you made an + Executable version available; and if made available via Electronic + Distribution Mechanism, must remain available for at least twelve (12) + months after the date it initially became available, or at least six + (6) months after a subsequent version of that particular Modification + has been made available to such recipients. You are responsible for + ensuring that the Source Code version remains available even if the + Electronic Distribution Mechanism is maintained by a third party. + + 3.3. Description of Modifications. + You must cause all Covered Code to which You contribute to contain a + file documenting the changes You made to create that Covered Code and + the date of any change. You must include a prominent statement that + the Modification is derived, directly or indirectly, from Original + Code provided by the Initial Developer and including the name of the + Initial Developer in (a) the Source Code, and (b) in any notice in an + Executable version or related documentation in which You describe the + origin or ownership of the Covered Code. + + 3.4. Intellectual Property Matters + (a) Third Party Claims. + If Contributor has knowledge that a license under a third party's + intellectual property rights is required to exercise the rights + granted by such Contributor under Sections 2.1 or 2.2, + Contributor must include a text file with the Source Code + distribution titled "LEGAL" which describes the claim and the + party making the claim in sufficient detail that a recipient will + know whom to contact. If Contributor obtains such knowledge after + the Modification is made available as described in Section 3.2, + Contributor shall promptly modify the LEGAL file in all copies + Contributor makes available thereafter and shall take other steps + (such as notifying appropriate mailing lists or newsgroups) + reasonably calculated to inform those who received the Covered + Code that new knowledge has been obtained. + + (b) Contributor APIs. + If Contributor's Modifications include an application programming + interface and Contributor has knowledge of patent licenses which + are reasonably necessary to implement that API, Contributor must + also include this information in the LEGAL file. + + (c) Representations. + Contributor represents that, except as disclosed pursuant to + Section 3.4(a) above, Contributor believes that Contributor's + Modifications are Contributor's original creation(s) and/or + Contributor has sufficient rights to grant the rights conveyed by + this License. + + 3.5. Required Notices. + You must duplicate the notice in Exhibit A in each file of the Source + Code. If it is not possible to put such notice in a particular Source + Code file due to its structure, then You must include such notice in a + location (such as a relevant directory) where a user would be likely + to look for such a notice. If You created one or more Modification(s) + You may add your name as a Contributor to the notice described in + Exhibit A. You must also duplicate this License in any documentation + for the Source Code where You describe recipients' rights or ownership + rights relating to Covered Code. You may choose to offer, and to + charge a fee for, warranty, support, indemnity or liability + obligations to one or more recipients of Covered Code. However, You + may do so only on Your own behalf, and not on behalf of the Initial + Developer or any Contributor. You must make it absolutely clear than + any such warranty, support, indemnity or liability obligation is + offered by You alone, and You hereby agree to indemnify the Initial + Developer and every Contributor for any liability incurred by the + Initial Developer or such Contributor as a result of warranty, + support, indemnity or liability terms You offer. + + 3.6. Distribution of Executable Versions. + You may distribute Covered Code in Executable form only if the + requirements of Section 3.1-3.5 have been met for that Covered Code, + and if You include a notice stating that the Source Code version of + the Covered Code is available under the terms of this License, + including a description of how and where You have fulfilled the + obligations of Section 3.2. The notice must be conspicuously included + in any notice in an Executable version, related documentation or + collateral in which You describe recipients' rights relating to the + Covered Code. You may distribute the Executable version of Covered + Code or ownership rights under a license of Your choice, which may + contain terms different from this License, provided that You are in + compliance with the terms of this License and that the license for the + Executable version does not attempt to limit or alter the recipient's + rights in the Source Code version from the rights set forth in this + License. If You distribute the Executable version under a different + license You must make it absolutely clear that any terms which differ + from this License are offered by You alone, not by the Initial + Developer or any Contributor. You hereby agree to indemnify the + Initial Developer and every Contributor for any liability incurred by + the Initial Developer or such Contributor as a result of any such + terms You offer. + + 3.7. Larger Works. + You may create a Larger Work by combining Covered Code with other code + not governed by the terms of this License and distribute the Larger + Work as a single product. In such a case, You must make sure the + requirements of this License are fulfilled for the Covered Code. + +4. Inability to Comply Due to Statute or Regulation. + + If it is impossible for You to comply with any of the terms of this + License with respect to some or all of the Covered Code due to + statute, judicial order, or regulation then You must: (a) comply with + the terms of this License to the maximum extent possible; and (b) + describe the limitations and the code they affect. Such description + must be included in the LEGAL file described in Section 3.4 and must + be included with all distributions of the Source Code. Except to the + extent prohibited by statute or regulation, such description must be + sufficiently detailed for a recipient of ordinary skill to be able to + understand it. + +5. Application of this License. + + This License applies to code to which the Initial Developer has + attached the notice in Exhibit A and to related Covered Code. + +6. Versions of the License. + + 6.1. New Versions. + Netscape Communications Corporation ("Netscape") may publish revised + and/or new versions of the License from time to time. Each version + will be given a distinguishing version number. + + 6.2. Effect of New Versions. + Once Covered Code has been published under a particular version of the + License, You may always continue to use it under the terms of that + version. You may also choose to use such Covered Code under the terms + of any subsequent version of the License published by Netscape. No one + other than Netscape has the right to modify the terms applicable to + Covered Code created under this License. + + 6.3. Derivative Works. + If You create or use a modified version of this License (which you may + only do in order to apply it to code which is not already Covered Code + governed by this License), You must (a) rename Your license so that + the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", + "MPL", "NPL" or any confusingly similar phrase do not appear in your + license (except to note that your license differs from this License) + and (b) otherwise make it clear that Your version of the license + contains terms which differ from the Mozilla Public License and + Netscape Public License. (Filling in the name of the Initial + Developer, Original Code or Contributor in the notice described in + Exhibit A shall not of themselves be deemed to be modifications of + this License.) + +7. DISCLAIMER OF WARRANTY. + + COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, + WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, + WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF + DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. + THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE + IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, + YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE + COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER + OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF + ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. + +8. TERMINATION. + + 8.1. This License and the rights granted hereunder will terminate + automatically if You fail to comply with terms herein and fail to cure + such breach within 30 days of becoming aware of the breach. All + sublicenses to the Covered Code which are properly granted shall + survive any termination of this License. Provisions which, by their + nature, must remain in effect beyond the termination of this License + shall survive. + + 8.2. If You initiate litigation by asserting a patent infringement + claim (excluding declatory judgment actions) against Initial Developer + or a Contributor (the Initial Developer or Contributor against whom + You file such action is referred to as "Participant") alleging that: + + (a) such Participant's Contributor Version directly or indirectly + infringes any patent, then any and all rights granted by such + Participant to You under Sections 2.1 and/or 2.2 of this License + shall, upon 60 days notice from Participant terminate prospectively, + unless if within 60 days after receipt of notice You either: (i) + agree in writing to pay Participant a mutually agreeable reasonable + royalty for Your past and future use of Modifications made by such + Participant, or (ii) withdraw Your litigation claim with respect to + the Contributor Version against such Participant. If within 60 days + of notice, a reasonable royalty and payment arrangement are not + mutually agreed upon in writing by the parties or the litigation claim + is not withdrawn, the rights granted by Participant to You under + Sections 2.1 and/or 2.2 automatically terminate at the expiration of + the 60 day notice period specified above. + + (b) any software, hardware, or device, other than such Participant's + Contributor Version, directly or indirectly infringes any patent, then + any rights granted to You by such Participant under Sections 2.1(b) + and 2.2(b) are revoked effective as of the date You first made, used, + sold, distributed, or had made, Modifications made by that + Participant. + + 8.3. If You assert a patent infringement claim against Participant + alleging that such Participant's Contributor Version directly or + indirectly infringes any patent where such claim is resolved (such as + by license or settlement) prior to the initiation of patent + infringement litigation, then the reasonable value of the licenses + granted by such Participant under Sections 2.1 or 2.2 shall be taken + into account in determining the amount or value of any payment or + license. + + 8.4. In the event of termination under Sections 8.1 or 8.2 above, + all end user license agreements (excluding distributors and resellers) + which have been validly granted by You or any distributor hereunder + prior to termination shall survive termination. + +9. LIMITATION OF LIABILITY. + + UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT + (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL + DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, + OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR + ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY + CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, + WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER + COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN + INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF + LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY + RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW + PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE + EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO + THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. + +10. U.S. GOVERNMENT END USERS. + + The Covered Code is a "commercial item," as that term is defined in + 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer + software" and "commercial computer software documentation," as such + terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 + C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), + all U.S. Government End Users acquire Covered Code with only those + rights set forth herein. + +11. MISCELLANEOUS. + + This License represents the complete agreement concerning subject + matter hereof. If any provision of this License is held to be + unenforceable, such provision shall be reformed only to the extent + necessary to make it enforceable. This License shall be governed by + California law provisions (except to the extent applicable law, if + any, provides otherwise), excluding its conflict-of-law provisions. + With respect to disputes in which at least one party is a citizen of, + or an entity chartered or registered to do business in the United + States of America, any litigation relating to this License shall be + subject to the jurisdiction of the Federal Courts of the Northern + District of California, with venue lying in Santa Clara County, + California, with the losing party responsible for costs, including + without limitation, court costs and reasonable attorneys' fees and + expenses. The application of the United Nations Convention on + Contracts for the International Sale of Goods is expressly excluded. + Any law or regulation which provides that the language of a contract + shall be construed against the drafter shall not apply to this + License. + +12. RESPONSIBILITY FOR CLAIMS. + + As between Initial Developer and the Contributors, each party is + responsible for claims and damages arising, directly or indirectly, + out of its utilization of rights under this License and You agree to + work with Initial Developer and Contributors to distribute such + responsibility on an equitable basis. Nothing herein is intended or + shall be deemed to constitute any admission of liability. + +13. MULTIPLE-LICENSED CODE. + + Initial Developer may designate portions of the Covered Code as + "Multiple-Licensed". "Multiple-Licensed" means that the Initial + Developer permits you to utilize portions of the Covered Code under + Your choice of the NPL or the alternative licenses, if any, specified + by the Initial Developer in the file described in Exhibit A. + +EXHIBIT A -Mozilla Public License. + + ``The contents of this file are subject to the Mozilla Public License + Version 1.1 (the "License"); you may not use this file except in + compliance with the License. You may obtain a copy of the License at + http://www.mozilla.org/MPL/ + + Software distributed under the License is distributed on an "AS IS" + basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the + License for the specific language governing rights and limitations + under the License. + + The Original Code is ______________________________________. + + The Initial Developer of the Original Code is ________________________. + Portions created by ______________________ are Copyright (C) ______ + _______________________. All Rights Reserved. + + Contributor(s): ______________________________________. + + Alternatively, the contents of this file may be used under the terms + of the _____ license (the "[___] License"), in which case the + provisions of [______] License are applicable instead of those + above. If you wish to allow use of your version of this file only + under the terms of the [____] License and not to allow others to use + your version of this file under the MPL, indicate your decision by + deleting the provisions above and replace them with the notice and + other provisions required by the [___] License. If you do not delete + the provisions above, a recipient may use your version of this file + under either the MPL or the [___] License." + + [NOTE: The text of this Exhibit A may differ slightly from the text of + the notices in the Source Code files of the Original Code. You should + use the text of this Exhibit A rather than the text found in the + Original Code Source Code for Your Modifications.] + |