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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is not withdrawn, the rights granted by Participant to You under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.]
----------------------------------------------------------------------
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."
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