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Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer. </p>
<p><b>3.6. Distribution of Executable Versions.</b> <br>
You may distribute Covered Code in Executable form only
if the requirements of Section <b>3.1-3.5</b> 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 <b>3.2</b>. 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. </p>
<p><b>3.7. Larger Works.</b> <br>
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.</p>
</li>
</ul>
<p><b>4. Inability to Comply Due to Statute or Regulation.</b> </p>
<ul>
<li>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 <b>3.4</b> 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.</li>
</ul>
<p><b>5. Application of this License.</b> </p>
<ul>
<li>This License applies to code to which the Initial
Developer has attached the notice in <b>Exhibit A</b> and
to related Covered Code.</li>
</ul>
<p><b>6. Versions of the License.</b> </p>
<ul>
<li><b>6.1. New Versions</b>. <br>
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. <p><b>6.2. Effect of New Versions</b>. <br>
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. </p>
<p><b>6.3. Derivative Works</b>. <br>
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 <b>Exhibit
A</b> shall not of themselves be deemed to be
modifications of this License.)</p>
</li>
</ul>
<p><b>7. DISCLAIMER OF WARRANTY.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><b>8. TERMINATION.</b> </p>
<ul>
<li><b>8.1. </b>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. <p><b>8.2.
</b>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: </p>
<p><b>(a) </b>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. </p>
<p><b>(b)</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. </p>
<p><b>8.3. </b>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. </p>
<p><b>8.4.</b> 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.</p>
</li>
</ul>
<p><b>9. LIMITATION OF LIABILITY.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><b>10. U.S. GOVERNMENT END USERS.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><b>11. MISCELLANEOUS.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><b>12. RESPONSIBILITY FOR CLAIMS.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><b>13. MULTIPLE-LICENSED CODE.</b> </p>
<ul>
<li>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.</li>
</ul>
<p><br>
<b>EXHIBIT A -Mozilla Public License.</b> </p>
<ul>
<li>``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 <br>
http://www.mozilla.org/MPL/ <p>Software distributed under
the License is distributed on an "AS IS" basis,
WITHOUT WARRANTY OF <br>
ANY KIND, either express or implied. See the License for
the specific language governing rights and <br>
limitations under the License. </p>
<p>The Original Code is DelphiWebScript source code,
released February 16, 2000</p>
<p>The Initial Developer of the Original Code is Matthias
Ackermann. Portions created by Matthias Ackermann are
Copyright (C) 2000 Matthias Ackermann, Switzerland. All
Rights Reserved. Portions created by Hannes Hernler are
Copyright (C) 2000 hannes hernler informationstechnik,
Graz - Austria. All Rights Reserved. </p>
<p>Contributor(s): ______________________________________.
</p>
</li>
</ul>
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