fulllicense.txt
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incorporated into this Section 3.4) Versions of the License4.1. License Versions. Original Contributor may publish revised versions of theLicense from time to time. Each version will be given a distinguishing versionnumber.4.2. Effect. Once a particular version of Covered Code has been provided under aversion of the License, You may always continue to use such Covered Code underthe terms of that version of the License. You may also choose to use suchCovered Code under the terms of any subsequent version of the License. No oneother than Original Contributor has the right to promulgate License versions.5) Disclaimer of Warranty5.1. COVERED CODE IS PROVIDED UNDER THIS LICENSE "AS IS," WITHOUT WARRANTY OFANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIESTHAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULARPURPOSE OR NON-INFRINGING. YOU AGREE TO BEAR THE ENTIRE RISK IN CONNECTION WITHYOUR USE AND DISTRIBUTION OF COVERED CODE UNDER THIS LICENSE. THIS DISCLAIMER OFWARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVEREDCODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.5.2. You acknowledge that Original Code, Upgraded Code and Specifications arenot designed or intended for use in (i) on-line control of aircraft, airtraffic, aircraft navigation or aircraft communications; or (ii) in the design,construction, operation or maintenance of any nuclear facility. OriginalContributor disclaims any express or implied warranty of fitness for such uses.6) Termination6.1. By You. You may terminate this Research and Development Use license at anytime.6.2. By Original Contributor. This License and the rights granted hereunder willterminate:(i) automatically if You fail to comply with the terms of this License and failto cure such breach within 30 days of receipt of written notice of the breach;(ii) immediately in the event of circumstances specified in Sections 7.1 and8.4; or(iii) at Original Contributor's discretion upon any action initiated in thefirst instance by You alleging that use or distribution by Original Contributoror any Licensee, of Original Code, Upgraded Code, Error Corrections or SharedModifications contributed by You, or Specifications, infringe a patent owned orcontrolled by You.6.3. Effect of Termination. Upon termination, You agree to discontinue use andreturn or destroy all copies of Covered Code in your possession. All sublicensesto the Covered Code which you have properly granted shall survive anytermination of this License. Provisions which, by their nature, should remain ineffect beyond the termination of this License shall survive including, withoutlimitation, Sections 2.2, 3, 5, 7 and 8.6.4. Each party waives and releases the other from any claim to compensation orindemnity for permitted or lawful termination of the business relationshipestablished by this License.7) Liability7.1. Infringement. Should any of the Original Code, Upgraded Code orSpecifications ("Materials") become the subject of a claim of infringement,Original Contributor may, at its sole option, (i) attempt to procure the rightsnecessary for You to continue using the Materials, (ii) modify the Materials sothat they are no longer infringing, or (iii) terminate Your right to use theMaterials, immediately upon written notice, and refund to You the amount, ifany, having then actually been paid by You to Original Contributor for theOriginal Code and Upgraded Code, depreciated on a straight line, five yearbasis.7.2. LIMITATION OF LIABILITY. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW,ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR CLAIMS RELATING TO THIS LICENSE,WHETHER FOR BREACH OR IN TORT, SHALL BE LIMITED TO ONE HUNDRED PERCENT (100%) OFTHE AMOUNT HAVING THEN ACTUALLY BEEN PAID BY YOU TO ORIGINAL CONTRIBUTOR FOR ALLCOPIES LICENSED HEREUNDER OF THE PARTICULAR ITEMS GIVING RISE TO SUCH CLAIM, IFANY. IN NO EVENT WILL YOU (RELATIVE TO YOUR SHARED MODIFICATIONS OR ERRORCORRECTIONS) OR ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE,SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUTOF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OROTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY,WHETHER IN AN ACTION FOR CONTRACT, STRICT LIABILITY OR TORT (INCLUDINGNEGLIGENCE) OR OTHERWISE, WHETHER OR NOT YOU OR ORIGINAL CONTRIBUTOR HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OFESSENTIAL PURPOSE OF ANY REMEDY.8) Miscellaneous8.1. Trademark. You agree to comply with the then current JAHIA Trademark & LogoUsage Requirements accessible through the Jahia Web Server. Except as expresslyprovided in the License, You are granted no right, title or license to, orinterest in, any JAHIA Trademarks. You agree not to (i) challenge OriginalContributor's ownership or use of JAHIA Trademarks; (ii) attempt to register anyJAHIA Trademarks, or any mark or logo substantially similar thereto; or (iii)incorporate any JAHIA Trademarks into your own trademarks, product names,service marks, company names, or domain names.8.2. Integration. This License represents the complete agreement concerning thesubject matter hereof.8.3. Assignment. Original Contributor may assign this License, and its rightsand obligations hereunder, in its sole discretion. You may assign the Researchand Development Use portions of this License to a third party. You may notassign the Commercial Use license, including by way of merger (regardless ofwhether You are the surviving entity) or acquisition, without OriginalContributor's prior written consent.8.4. Severability. If any provision of this License is held to be unenforceable,such provision shall be reformed only to the extent necessary to make itenforceable. Notwithstanding the foregoing, if You are prohibited by law fromfully and specifically complying with Sections 2.2 or 3, this License willimmediately terminate and You must immediately discontinue any use of CoveredCode.8.5. Governing Law. This License shall be exclusively governed by the laws ofSwitzerland. The application of the United Nations Convention on Contracts forthe International Sale of Goods is expressly excluded.8.6. Dispute Resolution. All disputes arising out of or in connection with thepresent License, including disputes on its conclusion, binding effect, amendmentand termination shall be resolved, to the exclusion of the ordinary courts by asingle Arbitrator in accordance with the International Arbitration Rules of theZurich Chamber of Commerce. The decision of the Arbitrator shall be final, andthe parties waive all challenge of the award in accordance with art. 192 of theSwiss Private International Law Statute.8.7. Construction. Any law or regulation which provides that the language of acontract shall be construed against the drafter shall not apply to this License.8.8. U.S. Government End Users. The Covered Code is a "commercial item," as thatterm is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercialcomputer software" and "commercial computer software documentation," as suchterms 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 forthherein. You agree to pass this notice to Your licensees.8.9. Press Announcements. All press announcements relative to the execution ofthis License must be reviewed and approved by Original Contributor and You priorto release.8.10. International Use.a) Export/Import Laws. Covered Code is subject to Swiss export control laws andmay be subject to export or import regulations in other countries. Each partyagrees to comply strictly with all such laws and regulations and acknowledgestheir responsibility to obtain such licenses to export, re-export, or import asmay be required. You agree to pass these obligations to Your licensees.b) Intellectual Property Protection. Due to limited intellectual propertyprotection and enforcement in certain countries, You agree not to redistributethe Original Code, Upgraded Code, and Specifications to any country other thanthe list of restricted countries on the JCSL Web Server.8.11. Language. This License is in the English language only, which languageshall be controlling in all respects, and all versions of this License in anyother language shall be for accommodation only and shall not be binding on theparties to this License. All communications and notices made or given pursuantto this License, and all documentation and support to be provided, unlessotherwise noted, shall be in the English language.SignaturesAGREED TO AND ACCEPTED BY:You:__________________________________________________________________By:Title:Date:By:Title:Date:------------------------------------Original Contributor:Jahia Ltd.c/o Avantix AGObere Berneggstrasse 669012 St. Gallen
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