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Bug #837 ยป LICENSE.txt

koz, 2015-10-20 10:51 AM

 
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NETBEANS IDE 8.0.2 ("Product") LICENSE AGREEMENT
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PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND
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CONDITIONS CAREFULLY, INCLUDING WITHOUT LIMITATION THOSE
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DISPLAYED ELSEWHERE (AS INDICATED BY LINKS LISTED BELOW),
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BEFORE USING THE SOFTWARE.  THESE TERMS AND CONDITIONS
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CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, OR THE ENTITY FOR
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WHICH YOU ARE AN AUTHORIZED REPRESENTATIVE WITH FULL
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AUTHORITY TO ENTER INTO THIS AGREEMENT, AND ORACLE.  BY
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CLICKING "ACCEPT" OR THE EQUIVALENT YOU AGREE TO ALL OF
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THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.  IF YOU
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DO NOT AGREE TO THIS LICENSE DO NOT CLICK "ACCEPT" OR
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THE EQUIVALENT AND DO NOT INSTALL OR USE THIS SOFTWARE.
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Copyright (c) 1997, 2014, Oracle and/or its affiliates. All
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rights reserved.
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Oracle and Java are registered trademarks of Oracle and/or
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its affiliates. Other names may be trademarks of their
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respective owners.
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The Product contains NetBeans IDE, the Glassfish runtime,
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and other components. Review the Product carefully to
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determine which license governs the code you are using.
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Oracle separately licenses NetBeans IDE and the Glassfish
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runtime under the CDDL v 1.0 (CDDL) or GNU General Public
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License version 2 with Classpath  Exception ("GPLv2 with
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Classpath Exception"), both of which are identified below.
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You may choose either license to govern your use of NetBeans
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IDE or the Glassfish runtime only upon the condition that
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you accept all of the terms of either the CDDL or GPLv2 with
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Classpath Exception. In addition, the Product also contains
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components which are governed exclusively by the terms of
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the GPLv2 with Classpath Exception (e.g. components from
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OpenJDK) or by the terms of one of the licenses listed below
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(i.e. Oracle JDBC Drivers, and Java Card Development
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Kit 3.0.2).
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Third party technology that may be necessary for use with
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the Product is specified in THIRDPARTYLICENSE.txt. Such
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third party technology is licensed to you under the terms of
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the third party technology license agreement specified and
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not under either the CDDL or GPLv2 with Classpath Exception.
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Please review the list of libraries and licenses provided
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for use.
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If you redistribute NetBeans IDE, add the following below
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the License Header, with the fields enclosed by brackets []
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replaced by your own identifying information: "Portions
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Copyrighted [year] [name of copyright  owner]"
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Contributor(s):
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The original software is NetBeans. The initial developer of
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the original software is Oracle Corporation; portions
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Copyright (c) 1997, 2014 Oracle and/or its affiliates. All
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rights reserved.
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LICENSES AND OTHER TERMS AND CONDITIONS
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LICENSE #1: GPLv2 with Classpath Exception.
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LICENSE #2: CDDL.
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OTHER TERMS AND CONDITIONS INCORPORATED IN THIS AGREEMENT:
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The use of Oracle JDBC drivers is subject to the terms and
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conditions set forth at
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http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
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The use of Java Card Development Kit 3.0.2 is subject to the
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terms and conditions set forth at
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http://download.oracle.com/otn-pub/java/licenses/OTN_Java_Card_Classic_Connected_SDK_4April2012.pdf
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Last updated 16 January 2014
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************************************************************
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LICENSE #1:
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The GNU General Public License (GPL) Version 2, June 1991
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Copyright (C) 1989, 1991 Free Software Foundation, Inc.
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59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
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Everyone is permitted to copy and distribute verbatim copies
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of this license document, but changing it is not allowed.
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Preamble
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The licenses for most software are designed to take away
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your freedom to share and change it. By contrast, the GNU
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General Public License is intended to guarantee your freedom
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to share and change free software--to make sure the software
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is free for all its users. This General Public License
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applies to most of the Free Software Foundation's software
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and to any other program whose authors commit to using it.
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(Some other Free Software Foundation software is covered by
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the GNU Library General Public License instead.) You can
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apply it to your programs, too. When we speak of free
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software, we are referring to freedom, not price. Our
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General Public Licenses are designed to make sure that you
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have the freedom to distribute copies of free software (and
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charge for this service if you wish), that you receive
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source code or can get it if you want it, that you can
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change the software or use pieces of it in new free
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programs; and that you know you can do these things. To
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protect your rights, we need to make restrictions that
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forbid anyone to deny you these rights or to ask you to
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surrender the rights. These restrictions translate to
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certain responsibilities for you if you distribute copies of
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the software, or if you modify it.
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For example, if you distribute copies of such a program,
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whether gratis or for a fee, you must give the recipients
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all the rights that you have. You must make sure that they,
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too, receive or can get the source code. And you must show
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them these terms so they know their rights.
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We protect your rights with two steps: (1) copyright the
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software, and (2) offer you this license which gives you
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legal permission to copy, distribute and/or modify the
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software.
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Also, for each author's protection and ours, we want to make
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certain that everyone understands that there is no warranty
129
for this free software. If the software is modified by
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someone else and passed on, we want its recipients to know
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that what they have is not the original, so that any
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problems introduced by others will not reflect on the
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original authors' reputations.
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Finally, any free program is threatened constantly by
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software patents. We wish to avoid the danger that
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redistributors of a free program will individually obtain
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patent licenses, in effect making the program proprietary.
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To prevent this, we have made it clear that any patent must
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be licensed for everyone's free use or not licensed at all.
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The precise terms and conditions for copying, distribution
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and modification follow. TERMS AND CONDITIONS FOR COPYING,
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DISTRIBUTION AND MODIFICATION 0. This License applies to any
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program or other work which contains a notice placed by the
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copyright holder saying it may be distributed under the
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terms of this General Public License. The "Program", below,
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refers to any such program or work, and a "work based on the
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Program" means either the Program or any derivative work
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under copyright law: that is to say, a work containing the
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Program or a portion of it, either verbatim or with
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modifications and/or translated into another language.
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(Hereinafter, translation is included without limitation in
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the term "modification".) Each licensee is addressed as
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"you".
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Activities other than copying, distribution and modification
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are not covered by this License; they are outside its scope.
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The act of running the Program is not restricted, and the
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output from the Program is covered only if its contents
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constitute a work based on the Program (independent of
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having been made by running the Program). Whether that is
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true depends on what the Program does.
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1. You may copy and distribute verbatim copies of the
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Program's source code as you receive it, in any medium,
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provided that you conspicuously and appropriately publish on
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each copy an appropriate copyright notice and disclaimer of
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warranty; keep intact all the notices that refer to this
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License and to the absence of any warranty; and give any
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other recipients of the Program a copy of this License along
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with the Program.
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You may charge a fee for the physical act of transferring a
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copy, and you may at your option offer warranty protection
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in exchange for a fee.
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2. You may modify your copy or copies of the Program or any
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portion of it, thus forming a work based on the Program, and
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copy and distribute such modifications or work under the
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terms of Section 1 above, provided that you also meet all of
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these conditions:
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a) You must cause the modified files to carry prominent
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notices stating that you changed the files and the date of
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any change.
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b) You must cause any work that you distribute or publish,
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that in whole or in part contains or is derived from the
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Program or any part thereof, to be licensed as a whole at no
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charge to all third parties under the terms of this License.
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c) If the modified program normally reads commands
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interactively when run, you must cause it, when started
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running for such interactive use in the most ordinary way,
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to print or display an announcement including an appropriate
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copyright notice and a notice that there is no warranty (or
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else, saying that you provide a warranty) and that users may
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redistribute the program under these conditions, and telling
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the user how to view a copy of this License. (Exception: if
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the Program itself is interactive but does not normally
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print such an announcement, your work based on the Program
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is not required to print an announcement.)
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These requirements apply to the modified work as a whole. If
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identifiable sections of that work are not derived from the
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Program, and can be reasonably considered independent and
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separate works in themselves, then this License, and its
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terms, do not apply to those sections when you distribute
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them as separate works. But when you distribute the same
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sections as part of a whole which is a work based on the
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Program, the distribution of the whole must be on the terms
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of this License, whose permissions for other licensees
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extend to the entire whole, and thus to each and every part
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regardless of who wrote it.
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Thus, it is not the intent of this section to claim rights
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or contest your rights to work written entirely by you;
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rather, the intent is to exercise the right to control the
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distribution of derivative or collective works based on the
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Program. In addition, mere aggregation of another work not
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based on the Program with the Program (or with a work based
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on the Program) on a volume of a storage or distribution
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medium does not bring the other work under the scope of this
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License.
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3. You may copy and distribute the Program (or a work based
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on it, under Section 2) in object code or executable form
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under the terms of Sections 1 and 2 above provided that you
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also do one of the following:
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a) Accompany it with the complete corresponding
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machine-readable source code, which must be distributed
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under the terms of Sections 1 and 2 above on a medium
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customarily used for software interchange; or,
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b) Accompany it with a written offer, valid for at least
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three years, to give any third party, for a charge no more
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than your cost of physically performing source distribution,
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a complete machine-readable copy of the corresponding source
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code, to be distributed under the terms of Sections 1 and 2
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above on a medium customarily used for software interchange;
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or,
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c) Accompany it with the information you received as to the
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offer to distribute corresponding source code. (This
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alternative is allowed only for noncommercial distribution
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and only if you received the program in object code or
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executable form with such an offer, in accord with
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Subsection b above.)
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The source code for a work means the preferred form of the
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work for making modifications to it. For an executable work,
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complete source code means all the source code for all
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modules it contains, plus any associated interface
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definition files, plus the scripts used to control
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compilation and installation of the executable. However, as
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a special exception, the source code distributed need not
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include anything that is normally distributed (in either
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source or binary form) with the major components (compiler,
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kernel, and so on) of the operating system on which the
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executable runs, unless that component itself accompanies
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the executable. If distribution of executable or object code
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is made by offering access to copy from a designated place,
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then offering equivalent access to copy the source code from
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the same place counts as distribution of the source code,
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even though third parties are not compelled to copy the
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source along with the object code.
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4. You may not copy, modify, sublicense, or distribute the
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Program except as expressly provided under this License. Any
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attempt otherwise to copy, modify, sublicense or distribute
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the Program is void, and will automatically terminate your
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rights under this License. However, parties who have
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received copies, or rights, from you under this License will
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not have their licenses terminated so long as such parties
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remain in full compliance.
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5. You are not required to accept this License, since you
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have not signed it. However, nothing else grants you
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permission to modify or distribute the Program or its
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derivative works. These actions are prohibited by law if you
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do not accept this License. Therefore, by modifying or
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distributing the Program (or any work based on the Program),
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you indicate your acceptance of this License to do so, and
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all its terms and conditions for copying, distributing or
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modifying the Program or works based on it.
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6. Each time you redistribute the Program (or any work based
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on the Program), the recipient automatically receives a
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license from the original licensor to copy, distribute or
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modify the Program subject to these terms and conditions.
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You may not impose any further restrictions on the
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recipients' exercise of the rights granted herein. You are
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not responsible for enforcing compliance by third parties to
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this License.
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7. If, as a consequence of a court judgment or allegation of
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patent infringement or for any other reason (not limited to
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patent issues), conditions are imposed on you (whether by
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court order, agreement or otherwise) that contradict the
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conditions of this License, they do not excuse you from the
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conditions of this License. If you cannot distribute so as
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to satisfy simultaneously your obligations under this
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License and any other pertinent obligations, then as a
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consequence you may not distribute the Program at all. For
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example, if a patent license would not permit royalty-free
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redistribution of the Program by all those who receive
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copies directly or indirectly through you, then the only way
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you could satisfy both it and this License would be to
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refrain entirely from distribution of the Program.
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If any portion of this section is held invalid or
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unenforceable under any particular circumstance, the balance
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of the section is intended to apply and the section as a
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whole is intended to apply in other circumstances. It is not
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the purpose of this section to induce you to infringe any
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patents or other property right claims or to contest
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validity of any such claims; this section has the sole
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purpose of protecting the integrity of the free software
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distribution system, which is implemented by public license
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practices. Many people have made generous contributions to
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the wide range of software distributed through that system
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in reliance on consistent application of that system; it is
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up to the author/donor to decide if he or she is willing to
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distribute software through any other system and a licensee
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cannot impose that choice.
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This section is intended to make thoroughly clear what is
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believed to be a consequence of the rest of this License.
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8. If the distribution and/or use of the Program is
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restricted in certain countries either by patents or by
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copyrighted interfaces, the original copyright holder who
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places the Program under this License may add an explicit
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geographical distribution limitation excluding those
337
countries, so that distribution is permitted only in or
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among countries not thus excluded. In such case, this
339
License incorporates the limitation as if written in the
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body of this License.
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9. The Free Software Foundation may publish revised and/or
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new versions of the General Public License from time to
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time. Such new versions will be similar in spirit to the
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present version, but may differ in detail to address new
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problems or concerns.
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Each version is given a distinguishing version number. If
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the Program specifies a version number of this License which
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applies to it and "any later version", you have the option
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of following the terms and conditions either of that version
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or of any later version published by the Free Software
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Foundation. If the Program does not specify a version number
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of this License, you may choose any version ever published
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by the Free Software Foundation.
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10. If you wish to incorporate parts of the Program into
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other free programs whose distribution conditions are
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different, write to the author to ask for permission. For
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software which is copyrighted by the Free Software
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Foundation, write to the Free Software Foundation; we
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sometimes make exceptions for this. Our decision will be
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guided by the two goals of preserving the free status of all
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derivatives of our free software and of promoting the
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sharing and reuse of software generally.
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NO WARRANTY
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11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS
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NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
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APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
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COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
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"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
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DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
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REPAIR OR CORRECTION.
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12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
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TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY
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WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
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ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
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SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
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THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
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LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
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LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
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PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
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HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES.
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END OF TERMS AND CONDITIONS
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How to Apply These Terms to Your New Programs
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If you develop a new program, and you want it to be of the
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greatest possible use to the public, the best way to achieve
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this is to make it free software which everyone can
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redistribute and change under these terms.
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To do so, attach the following notices to the program. It is
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safest to attach them to the start of each source file to
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most effectively convey the exclusion of warranty; and each
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file should have at least the "copyright" line and a pointer
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to where the full notice is found.
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One line to give the program's name and a brief idea of what
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it does.
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Copyright (C) <year> <name of author>
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This program is free software; you can redistribute it
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and/or modify it under the terms of the GNU General Public
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License as published by the Free Software Foundation; either
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version 2 of the License, or (at your option) any later
417
version. This program is distributed in the hope that it
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will be useful, but WITHOUT ANY WARRANTY; without even the
419
implied warranty of MERCHANTABILITY or FITNESS FOR A
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PARTICULAR PURPOSE. See the GNU General Public License for
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more details. You should have received a copy of the GNU
422
General Public License along with this program; if not,
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write to the Free Software Foundation, Inc., 59 Temple
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Place, Suite 330, Boston, MA 02111-1307 USA
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Also add information on how to contact you by electronic and
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paper mail.
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If the program is interactive, make it output a short notice
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like this when it starts in an interactive mode:
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Gnomovision version 69, Copyright (C) year name of author
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Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
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type `show w'. This is free software, and you are welcome to
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redistribute it under certain conditions; type `show c' for
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details. The hypothetical commands `show w' and `show c'
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should show the appropriate parts of the General Public
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License. Of course, the commands you use may be called
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something other than `show w' and `show c'; they could even
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be mouse-clicks or menu items--whatever suits your program.
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You should also get your employer (if you work as a
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programmer) or your school, if any, to sign a "copyright
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disclaimer" for the program, if necessary. Here is a sample;
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alter the names:
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Yoyodyne, Inc., hereby disclaims all copyright interest in
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the program `Gnomovision' (which makes passes at compilers)
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written by James Hacker.
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signature of Ty Coon, 1 April 1989
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Ty Coon, President of Vice
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This General Public License does not permit incorporating
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your program into proprietary programs. If your program is a
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subroutine library, you may consider it more useful to
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permit linking proprietary applications with the library. If
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this is what you want to do, use the GNU Library General
459
Public License instead of this License.
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"CLASSPATH" EXCEPTION TO THE GPL VERSION 2
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Certain source files distributed by Oracle America, Inc.
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and/or its affiliates are subject to the following
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clarification and special exception to the GPLv2, based on
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the GNU Project exception for its Classpath libraries, known
467
as the GNU Classpath Exception, but only where Oracle has
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expressly included in the particular source file's header
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the words "Oracle designates this particular file as subject
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to the "Classpath" exception as provided by Oracle in the
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LICENSE file that accompanied this code."
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You should also note that Oracle includes multiple,
474
independent programs in this software package. Some of those
475
programs are provided under licenses deemed incompatible
476
with the GPLv2 by the Free Software Foundation and others. 
477
For example, the package includes programs licensed under
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the Apache License, Version 2.0.  Such programs are licensed
479
to you under their original licenses.
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Oracle facilitates your further distribution of this package
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by adding the Classpath Exception to the necessary parts of
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its GPLv2 code, which permits you to use that code in
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combination with other independent modules not licensed
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under the GPLv2.  However, note that this would not permit
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you to commingle code under an incompatible license with
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Oracle's GPLv2 licensed code by, for example, cutting and
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pasting such code into a file also containing Oracle's GPLv2
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licensed code and then distributing the result.
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Additionally, if you were to remove the Classpath Exception
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from any of the files to which it applies and distribute the
493
result, you would likely be required to license some or all
494
of the other code in that distribution under the GPLv2 as
495
well, and since the GPLv2 is incompatible with the license
496
terms of some items included in the distribution by Oracle,
497
removing the Classpath Exception could therefore effectively
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compromise your ability to further distribute the package.
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Proceed with caution and we recommend that you obtain the
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advice of a lawyer skilled in open source matters before
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removing the Classpath Exception or making modifications to
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this package which may subsequently be redistributed and/or
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involve the use of third party software.
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CLASSPATH EXCEPTION
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Linking this library statically or dynamically with other
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modules is making a combined work based on this library. 
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Thus, the terms and conditions of the GNU General Public
511
License version 2 cover the whole combination.
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As a special exception, the copyright holders of this
514
library give you permission to link this library with
515
independent modules to produce an executable, regardless of
516
the license terms of these independent modules, and to copy
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and distribute the resulting executable under terms of your
518
choice, provided that you also meet, for each linked
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independent module, the terms and conditions of the license
520
of that module.  An independent module is a module which is
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not derived from or based on this library.  If you modify
522
this library, you may extend this exception to your version
523
of the library, but you are not obligated to do so.  If you
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do not wish to do so, delete this exception statement from
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your version.
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************************************************************
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LICENSE #2:
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
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 Version 1.0
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1. Definitions.
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1.1. "Contributor" means each individual or entity that
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creates or contributes to the creation of Modifications.
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1.2. "Contributor Version" means the combination of the
541
Original Software, prior Modifications used by a Contributor
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(if any), and the Modifications made by that particular
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Contributor.
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1.3. "Covered Software" means (a) the Original Software, or
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(b) Modifications, or (c) the combination of files
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containing Original Software with files containing
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Modifications, in each case including portions thereof.
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1.4. "Executable" means the Covered Software in any form
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other than Source Code.
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1.5. "Initial Developer" means the individual or entity that
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first makes Original Software available under this License.
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1.6. "Larger Work" means a work which combines Covered
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Software or portions thereof with code not governed by the
558
terms of this License.
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1.7. "License" means this document.
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1.8. "Licensable" means having the right to grant, to the
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maximum extent possible, whether at the time of the initial
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grant or subsequently acquired, any and all of the rights
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conveyed herein.
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1.9. "Modifications" means the Source Code and Executable
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form of any of the following:
569

    
570
A. Any file that results from an addition to, deletion from
571
or modification of the contents of a file containing
572
Original Software or previous Modifications;
573

    
574
B. Any new file that contains any part of the Original
575
Software or previous Modification; or
576

    
577
C. Any new file that is contributed or otherwise made
578
available under the terms of this License.
579

    
580
1.10. "Original Software" means the Source Code and
581
Executable form of computer software code that is originally
582
released under this License.
583

    
584
1.11. "Patent Claims" means any patent claim(s), now owned
585
or hereafter acquired, including without limitation, method,
586
process, and apparatus claims, in any patent Licensable by
587
grantor.
588

    
589
1.12. "Source Code" means (a) the common form of computer
590
software code in which modifications are made and (b)
591
associated documentation included in or with such code.
592

    
593
1.13. "You" (or "Your") means an individual or a legal
594
entity exercising rights under, and complying with all of
595
the terms of, this License. For legal entities, "You"
596
includes any entity which controls, is controlled by, or is
597
under common control with You. For purposes of this
598
definition, "control" means (a) the power, direct or
599
indirect, to cause the direction or management of such
600
entity, whether by contract or otherwise, or (b) ownership
601
of more than fifty percent (50%) of the outstanding shares
602
or beneficial ownership of such entity.
603

    
604
2. License Grants.
605

    
606
2.1. The Initial Developer Grant. Conditioned upon Your
607
compliance with Section 3.1 below and subject to third party
608
intellectual property claims, the Initial Developer hereby
609
grants You a world-wide, royalty-free, non-exclusive
610
license:
611

    
612
(a) under intellectual property rights (other than patent or
613
trademark) Licensable by Initial Developer, to use,
614
reproduce, modify, display, perform, sublicense and
615
distribute the Original Software (or portions thereof), with
616
or without Modifications, and/or as part of a Larger Work;
617
and
618

    
619
(b) under Patent Claims infringed by the making, using or
620
selling of Original Software, to make, have made, use,
621
practice, sell, and offer for sale, and/or otherwise dispose
622
of the Original Software (or portions thereof).
623

    
624
(c) The licenses granted in Sections 2.1(a) and (b) are
625
effective on the date Initial Developer first distributes or
626
otherwise makes the Original Software available to a third
627
party under the terms of this License.
628

    
629
(d) Notwithstanding Section 2.1(b) above, no patent license
630
is granted: (1) for code that You delete from the Original
631
Software, or (2) for infringements caused by: (i) the
632
modification of the Original Software, or (ii) the
633
combination of the Original Software with other software or
634
devices.
635

    
636
2.2. Contributor Grant. Conditioned upon Your compliance
637
with Section 3.1 below and subject to third party
638
intellectual property claims, each Contributor hereby grants
639
You a world-wide, royalty-free, non-exclusive license:
640

    
641
(a) under intellectual property rights (other than patent or
642
trademark) Licensable by Contributor to use, reproduce,
643
modify, display, perform, sublicense and distribute the
644
Modifications created by such Contributor (or portions
645
thereof), either on an unmodified basis, with other
646
Modifications, as Covered Software and/or as part of a
647
Larger Work; and
648

    
649
(b) under Patent Claims infringed by the making, using, or
650
selling of Modifications made by that Contributor either
651
alone and/or in combination with its Contributor Version (or
652
portions of such combination), to make, use, sell, offer for
653
sale, have made, and/or otherwise dispose of: (1)
654
Modifications made by that Contributor (or portions
655
thereof); and (2) the combination of Modifications made by
656
that Contributor with its Contributor Version (or portions
657
of such combination).
658

    
659
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
660
effective on the date Contributor first distributes or
661
otherwise makes the Modifications available to a third
662
party.
663

    
664
(d) Notwithstanding Section 2.2(b) above, no patent license
665
is granted: (1) for any code that Contributor has deleted
666
from the Contributor Version; (2) for infringements caused
667
by: (i) third party modifications of Contributor Version, or
668
(ii) the combination of Modifications made by that
669
Contributor with other software (except as part of the
670
Contributor Version) or other devices; or (3) under Patent
671
Claims infringed by Covered Software in the absence of
672
Modifications made by that Contributor.
673

    
674
3. Distribution Obligations.
675

    
676
3.1. Availability of Source Code.
677

    
678
Any Covered Software that You distribute or otherwise make
679
available in Executable form must also be made available in
680
Source Code form and that Source Code form must be
681
distributed only under the terms of this License. You must
682
include a copy of this License with every copy of the Source
683
Code form of the Covered Software You distribute or
684
otherwise make available. You must inform recipients of any
685
such Covered Software in Executable form as to how they can
686
obtain such Covered Software in Source Code form in a
687
reasonable manner on or through a medium customarily used
688
for software exchange.
689

    
690
3.2. Modifications.
691

    
692
The Modifications that You create or to which You contribute
693
are governed by the terms of this License. You represent
694
that You believe Your Modifications are Your original
695
creation(s) and/or You have sufficient rights to grant the
696
rights conveyed by this License.
697

    
698
3.3. Required Notices.
699

    
700
You must include a notice in each of Your Modifications that
701
identifies You as the Contributor of the Modification. You
702
may not remove or alter any copyright, patent or trademark
703
notices contained within the Covered Software, or any
704
notices of licensing or any descriptive text giving
705
attribution to any Contributor or the Initial Developer.
706

    
707
3.4. Application of Additional Terms.
708

    
709
You may not offer or impose any terms on any Covered
710
Software in Source Code form that alters or restricts the
711
applicable version of this License or the recipients' rights
712
hereunder. You may choose to offer, and to charge a fee for,
713
warranty, support, indemnity or liability obligations to one
714
or more recipients of Covered Software. However, you may do
715
so only on Your own behalf, and not on behalf of the Initial
716
Developer or any Contributor. You must make it absolutely
717
clear that any such warranty, support, indemnity or
718
liability obligation is offered by You alone, and You hereby
719
agree to indemnify the Initial Developer and every
720
Contributor for any liability incurred by the Initial
721
Developer or such Contributor as a result of warranty,
722
support, indemnity or liability terms You offer.
723

    
724
3.5. Distribution of Executable Versions.
725

    
726
You may distribute the Executable form of the Covered
727
Software under the terms of this License or under the terms
728
of a license of Your choice, which may contain terms
729
different from this License, provided that You are in
730
compliance with the terms of this License and that the
731
license for the Executable form does not attempt to limit or
732
alter the recipient's rights in the Source Code form from
733
the rights set forth in this License. If You distribute the
734
Covered Software in Executable form under a different
735
license, You must make it absolutely clear that any terms
736
which differ from this License are offered by You alone, not
737
by the Initial Developer or Contributor. You hereby agree to
738
indemnify the Initial Developer and every Contributor for
739
any liability incurred by the Initial Developer or such
740
Contributor as a result of any such terms You offer.
741

    
742
3.6. Larger Works.
743

    
744
You may create a Larger Work by combining Covered Software
745
with other code not governed by the terms of this License
746
and distribute the Larger Work as a single product. In such
747
a case, You must make sure the requirements of this License
748
are fulfilled for the Covered Software.
749

    
750
4. Versions of the License.
751

    
752
4.1. New Versions.
753

    
754
Oracle Corporation is the initial license steward and may
755
publish revised and/or new versions of this License from
756
time to time. Each version will be given a distinguishing
757
version number. Except as provided in Section 4.3, no one
758
other than the license steward has the right to modify this
759
License.
760

    
761
4.2. Effect of New Versions.
762

    
763
You may always continue to use, distribute or otherwise make
764
the Covered Software available under the terms of the
765
version of the License under which You originally received
766
the Covered Software. If the Initial Developer includes a
767
notice in the Original Software prohibiting it from being
768
distributed or otherwise made available under any subsequent
769
version of the License, You must distribute and make the
770
Covered Software available under the terms of the version of
771
the License under which You originally received the Covered
772
Software. Otherwise, You may also choose to use, distribute
773
or otherwise make the Covered Software available under the
774
terms of any subsequent version of the License published by
775
the license steward.
776

    
777
4.3. Modified Versions.
778

    
779
When You are an Initial Developer and You want to create a
780
new license for Your Original Software, You may create and
781
use a modified version of this License if You: (a) rename
782
the license and remove any references to the name of the
783
license steward (except to note that the license differs
784
from this License); and (b) otherwise make it clear that the
785
license contains terms which differ from this License.
786

    
787
5. DISCLAIMER OF WARRANTY.
788

    
789
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS
790
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
791
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
792
COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
793
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO
794
THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH
795
YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY
796
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
797
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
798
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
799
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
800
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
801
DISCLAIMER.
802

    
803
6. TERMINATION.
804

    
805
6.1. This License and the rights granted hereunder will
806
terminate automatically if You fail to comply with terms
807
herein and fail to cure such breach within 30 days of
808
becoming aware of the breach. Provisions which, by their
809
nature, must remain in effect beyond the termination of this
810
License shall survive.
811

    
812
6.2. If You assert a patent infringement claim (excluding
813
declaratory judgment actions) against Initial Developer or a
814
Contributor (the Initial Developer or Contributor against
815
whom You assert such claim is referred to as "Participant")
816
alleging that the Participant Software (meaning the
817
Contributor Version where the Participant is a Contributor
818
or the Original Software where the Participant is the
819
Initial Developer) directly or indirectly infringes any
820
patent, then any and all rights granted directly or
821
indirectly to You by such Participant, the Initial Developer
822
(if the Initial Developer is not the Participant) and all
823
Contributors under Sections 2.1 and/or 2.2 of this License
824
shall, upon 60 days notice from Participant terminate
825
prospectively and automatically at the expiration of such 60
826
day notice period, unless if within such 60 day period You
827
withdraw Your claim with respect to the Participant Software
828
against such Participant either unilaterally or pursuant to
829
a written agreement with Participant.
830

    
831
6.3. In the event of termination under Sections 6.1 or 6.2
832
above, all end user licenses that have been validly granted
833
by You or any distributor hereunder prior to termination
834
(excluding licenses granted to You by any distributor) shall
835
survive termination.
836

    
837
7. LIMITATION OF LIABILITY.
838

    
839
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
840
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
841
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
842
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
843
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
844
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
845
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
846
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
847
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
848
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
849
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
850
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
851
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
852
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
853
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
854
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
855
NOT APPLY TO YOU.
856

    
857
8. U.S. GOVERNMENT END USERS.
858

    
859
The Covered Software is a "commercial item," as that term is
860
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
861
"commercial computer software" (as that term is defined at
862
48 C.F.R. 252.227-7014(a)(1)) and "commercial computer
863
software documentation" as such terms are used in 48 C.F.R.
864
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
865
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
866
Government End Users acquire Covered Software with only
867
those rights set forth herein. This U.S. Government Rights
868
clause is in lieu of, and supersedes, any other FAR, DFAR,
869
or other clause or provision that addresses Government
870
rights in computer software under this License.
871

    
872
9. MISCELLANEOUS.
873

    
874
This License represents the complete agreement concerning
875
subject matter hereof. If any provision of this License is
876
held to be unenforceable, such provision shall be reformed
877
only to the extent necessary to make it enforceable. This
878
License shall be governed by the law of the jurisdiction
879
specified in a notice contained within the Original Software
880
(except to the extent applicable law, if any, provides
881
otherwise), excluding such jurisdiction's conflict-of-law
882
provisions. Any litigation relating to this License shall be
883
subject to the jurisdiction of the courts located in the
884
jurisdiction and venue specified in a notice contained
885
within the Original Software, with the losing party
886
responsible for costs, including, without limitation, court
887
costs and reasonable attorneys' fees and expenses. The
888
application of the United Nations Convention on Contracts
889
for the International Sale of Goods is expressly excluded.
890
Any law or regulation which provides that the language of a
891
contract shall be construed against the drafter shall not
892
apply to this License. You agree that You alone are
893
responsible for compliance with the United States export
894
administration regulations (and the export control laws and
895
regulation of any other countries) when You use, distribute
896
or otherwise make available any Covered Software.
897

    
898
10. RESPONSIBILITY FOR CLAIMS.
899

    
900
As between Initial Developer and the Contributors, each
901
party is responsible for claims and damages arising,
902
directly or indirectly, out of its utilization of rights
903
under this License and You agree to work with Initial
904
Developer and Contributors to distribute such responsibility
905
on an equitable basis. Nothing herein is intended or shall
906
be deemed to constitute any admission of liability.
    (1-1/1)