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<p>THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS
CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED
BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS
AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. </p>
<p>BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS
CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. </p>
<p><strong>1. Definitions</strong> </p>
<ol type="a">
<li>
<strong>"Collective Work"</strong> means a work, such as a periodical issue,
anthology or encyclopedia, in which the Work in its entirety in unmodified form,
along with a number of other contributions, constituting separate and independent
works in themselves, are assembled into a collective whole. A work that
constitutes a Collective Work will not be considered a Derivative Work
(as defined below) for the purposes of this License.
</li>
<li>
<strong>"Derivative Work"</strong> means a work based upon the Work or
upon the Work and other pre-existing works, such as a translation,
musical arrangement, dramatization, fictionalization, motion picture
version, sound recording, art reproduction, abridgment, condensation,
or any other form in which the Work may be recast, transformed, or adapted,
except that a work that constitutes a Collective Work will not be
considered a Derivative Work for the purpose of this License. For the
avoidance of doubt, where the Work is a musical composition or sound
recording, the synchronization of the Work in timed-relation with a
moving image ("synching") will be considered a Derivative Work for the
purpose of this License.</li>
<li>
<strong>"Licensor"</strong> means the individual or entity that offers the
Work under the terms of this License.
</li>
<li>
<strong>"Original Author"</strong> means the individual or entity who created the Work.
</li>
<li>
<strong>"Work"</strong> means the copyrightable work of authorship offered
under the terms of this License.
</li>
<li>
<strong>"You"</strong> means an individual or entity exercising rights
under this License who has not previously violated the terms of this License
with respect to the Work, or who has received express permission from the
Licensor to exercise rights under this License despite a previous violation.
</li>
</ol>
<p><strong>2. Fair Use Rights.</strong> Nothing in this license is intended
to reduce, limit, or restrict any rights arising from fair use, first sale
or other limitations on the exclusive rights of the copyright owner under
copyright law or other applicable laws. </p>
<p><strong>3. License Grant.</strong> Subject to the terms and conditions
of this License, Licensor hereby grants You a worldwide, royalty-free,
non-exclusive, perpetual (for the duration of the applicable copyright)
license to exercise the rights in the Work as stated below: </p>
<ol type="a">
<li>
to reproduce the Work, to incorporate the Work into one or more Collective
Works, and to reproduce the Work as incorporated in the Collective Works;
</li>
<li>
to create and reproduce Derivative Works;
</li>
<li>
to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission the Work
including as incorporated in Collective Works;
</li>
<li>
to distribute copies or phonorecords of, display publicly, perform publicly,
and perform publicly by means of a digital audio transmission Derivative Works.
</li>
<li><p>For the avoidance of doubt, where the work is a musical composition:</p>
<ol type="i">
<li><strong>Performance Royalties Under Blanket Licenses</strong>. Licensor
waives the exclusive right to collect, whether individually or via a
performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the
public performance or public digital performance (e.g. webcast) of the Work.</li>
<li><strong>Mechanical Rights and Statutory Royalties</strong>. Licensor
waives the exclusive right to collect, whether individually or via a music
rights agency or designated agent (e.g. Harry Fox Agency), royalties for
any phonorecord You create from the Work ("cover version") and distribute,
subject to the compulsory license created by 17 USC Section 115 of the US
Copyright Act (or the equivalent in other jurisdictions).</li></ol></li>
<li><strong>Webcasting Rights and Statutory Royalties</strong>. For the
avoidance of doubt, where the Work is a sound recording, Licensor waives
the exclusive right to collect, whether individually or via a
performance-rights society (e.g. SoundExchange), royalties for the public
digital performance (e.g. webcast) of the Work, subject to the compulsory
license created by 17 USC Section 114 of the US Copyright Act (or the
equivalent in other jurisdictions).</li>
</ol>
<p>The above rights may be exercised in all media and formats whether
now known or hereafter devised. The above rights include the right to
make such modifications as are technically necessary to exercise the
rights in other media and formats. All rights not expressly granted by
Licensor are hereby reserved.</p>
<p><strong>4. Restrictions.</strong>The license granted in Section 3
above is expressly made subject to and limited by the following restrictions: </p>
<ol type="a">
<li>
You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, and
You must include a copy of, or the Uniform Resource Identifier for,
this License with every copy or phonorecord of the Work You distribute,
publicly display, publicly perform, or publicly digitally perform. You
may not offer or impose any terms on the Work that alter or restrict
the terms of this License or the recipients' exercise of the rights
granted hereunder. You may not sublicense the Work. You must keep intact
all notices that refer to this License and to the disclaimer of warranties.
You may not distribute, publicly display, publicly perform, or publicly
digitally perform the Work with any technological measures that control
access or use of the Work in a manner inconsistent with the terms of
this License Agreement. The above applies to the Work as incorporated
in a Collective Work, but this does not require the Collective Work
apart from the Work itself to be made subject to the terms of this
License. If You create a Collective Work,
upon notice from any Licensor You must, to the extent practicable,
remove from the Collective Work any credit as required by clause 4(b),
as requested. If You create a Derivative Work, upon notice from any
Licensor You must, to the extent practicable, remove from the Derivative
Work any credit as required by clause 4(b), as requested.
</li>
<li>
If you distribute, publicly display, publicly perform, or publicly
digitally perform the Work or any Derivative Works or Collective Works,
You must keep intact all copyright notices for the Work and provide,
reasonable to the medium or means You are utilizing: (i) the name of
the Original Author (or pseudonym, if applicable) if supplied, and/or
(ii) if the Original Author and/or Licensor designate another party
or parties (e.g. a sponsor institute, publishing entity, journal)
for attribution in Licensor's copyright notice, terms of service or
by other reasonable means, the name of such party or parties; the
title of the Work if supplied; to the extent reasonably practicable,
the Uniform Resource Identifier, if any, that Licensor specifies to
be associated with the Work, unless such URI does not refer to the
copyright notice or licensing information for the Work; and in the
case of a Derivative Work, a credit identifying the use of the Work
in the Derivative Work (e.g., "French translation of the Work by
Original Author," or "Screenplay based on original Work by Original
Author"). Such credit may be implemented in any reasonable manner;
provided, however, that in the case of a Derivative Work or Collective
Work, at a minimum such credit will appear where any other comparable
authorship credit appears and in a manner at least as prominent as
such other comparable authorship credit.
</li>
</ol>
<p><strong>5. Representations, Warranties and Disclaimer</strong></p>
<p>UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING,
LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS,
ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT
DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.</p>
<p><strong>6. Limitation on Liability.</strong> EXCEPT TO THE
EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE
LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS
LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. </p>
<p><strong>7. Termination</strong> </p>
<ol type="a">
<li>
This License and the rights granted hereunder will terminate
automatically upon any breach by You of the terms of this License.
Individuals or entities who have received Derivative Works or
Collective Works from You under this License, however, will not
have their licenses terminated provided such individuals or entities
remain in full compliance with those licenses. Sections 1, 2, 5,
6, 7, and 8 will survive any termination of this License.
</li>
<li>
Subject to the above terms and conditions, the license granted
here is perpetual (for the duration of the applicable copyright
in the Work). Notwithstanding the above, Licensor reserves the
right to release the Work under different license terms or to stop
distributing the Work at any time; provided, however that any such
election will not serve to withdraw this License (or any other
license that has been, or is required to be, granted under the
terms of this License), and this License will continue in full
force and effect unless terminated as stated above.
</li>
</ol>
<p><strong>8. Miscellaneous</strong> </p>
<ol type="a">
<li>
Each time You distribute or publicly digitally perform the Work or
a Collective Work, the Licensor offers to the recipient a license
to the Work on the same terms and conditions as the license granted
to You under this License.
</li>
<li>
Each time You distribute or publicly digitally perform a Derivative
Work, Licensor offers to the recipient a license to the original
Work on the same terms and conditions as the license granted to
You under this License.
</li>
<li>
If any provision of this License is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability
of the remainder of the terms of this License, and without further
action by the parties to this agreement, such provision shall be
reformed to the minimum extent necessary to make such provision
valid and enforceable.
</li>
<li>
No term or provision of this License shall be deemed waived and no
breach consented to unless such waiver or consent shall be in
writing and signed by the party to be charged with such waiver
or consent.
</li>
<li>
This License constitutes the entire agreement between the parties
with respect to the Work licensed here. There are no understandings,
agreements or representations with respect to the Work not specified
here. Licensor shall not be bound by any additional provisions that
may appear in any communication from You. This License may not be
modified without the mutual written agreement of the Licensor and You.
</li>
</ol>
=========================================================================
== For the Java Service Wrapper ==
=========================================================================
Copyright (c) 1999, 2006 Tanuki Software, Inc.
Permission is hereby granted, free of charge, to any person
obtaining a copy of the Java Service Wrapper and associated
documentation files (the "Software"), to deal in the Software
without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sub-license,
and/or sell copies of the Software, and to permit persons to
whom the Software is furnished to do so, subject to the
following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
Portions of the Software have been derived from source code
developed by Silver Egg Technology under the following license:
BEGIN Silver Egg Techology License -----------------------------------
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without
restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sub-license, and/or
sell copies of the Software, and to permit persons to whom the
Software is furnished to do so, subject to the following
conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT
HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN THE SOFTWARE.
END Silver Egg Techology License -------------------------------------
=========================================================================
== For Saxon 8.9 ==
=========================================================================
MOZILLA PUBLIC LICENSE
Version 1.0
1. Definitions.
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.
1.9. ``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.
1.11. ``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 a list of 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'' 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 fifty percent (50%) or more 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) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) 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 or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
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 You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you 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 you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make 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 Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. 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 file) where a user would be likely to look for such a notice. 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 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 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'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your 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.
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.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT 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: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement 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.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
EXHIBIT A.
``The contents of this file are subject to the Mozilla Public License Version 1.0 (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.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): ______________________________________.''