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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 DISTRIBU-
TOR 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 GOOD-
WILL, WORK STOPPAGE, COMPUTER FAIL-
URE 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 LIMITA-
TION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDEN-
TAL 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 nec-
essary to make it enforceable. This License shall
be governed by California law provisions (except
OPEN SOURCE LICENSE
to the extent applicable law, if any, provides other-
wise), 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 North-
ern 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 regula-
tion 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 MPL 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 distrib-
uted on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND,
either express or implied. See the
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