LICENSE-MPL-RabbitMQ
author Simon MacMullen <simon@rabbitmq.com>
Fri Feb 03 15:59:12 2012 +0000 (3 months ago)
changeset 8922 4f87837a40be
parent 6074 6ce7ea2566ff
permissions -rw-r--r--
Merge bug24702
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                          MOZILLA PUBLIC LICENSE
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                                Version 1.1
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                              ---------------
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1. Definitions.
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     1.0.1. "Commercial Use" means distribution or otherwise making the
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     Covered Code available to a third party.
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     1.1. "Contributor" means each entity that creates or contributes to
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     the creation of Modifications.
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     1.2. "Contributor Version" means the combination of the Original
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     Code, prior Modifications used by a Contributor, and the Modifications
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     made by that particular Contributor.
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     1.3. "Covered Code" means the Original Code or Modifications or the
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     combination of the Original Code and Modifications, in each case
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     including portions thereof.
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     1.4. "Electronic Distribution Mechanism" means a mechanism generally
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     accepted in the software development community for the electronic
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     transfer of data.
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     1.5. "Executable" means Covered Code in any form other than Source
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     Code.
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     1.6. "Initial Developer" means the individual or entity identified
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     as the Initial Developer in the Source Code notice required by Exhibit
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     A.
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     1.7. "Larger Work" means a work which combines Covered Code or
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     portions thereof with code not governed by the terms of this License.
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     1.8. "License" means this document.
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     1.8.1. "Licensable" means having the right to grant, to the maximum
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     extent possible, whether at the time of the initial grant or
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     subsequently acquired, any and all of the rights conveyed herein.
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     1.9. "Modifications" means any addition to or deletion from the
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     substance or structure of either the Original Code or any previous
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     Modifications. When Covered Code is released as a series of files, a
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     Modification is:
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          A. Any addition to or deletion from the contents of a file
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          containing Original Code or previous Modifications.
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          B. Any new file that contains any part of the Original Code or
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          previous Modifications.
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     1.10. "Original Code" means Source Code of computer software code
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     which is described in the Source Code notice required by Exhibit A as
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     Original Code, and which, at the time of its release under this
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     License is not already Covered Code governed by this License.
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     1.10.1. "Patent Claims" means any patent claim(s), now owned or
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     hereafter acquired, including without limitation,  method, process,
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     and apparatus claims, in any patent Licensable by grantor.
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     1.11. "Source Code" means the preferred form of the Covered Code for
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     making modifications to it, including all modules it contains, plus
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     any associated interface definition files, scripts used to control
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     compilation and installation of an Executable, or source code
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     differential comparisons against either the Original Code or another
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     well known, available Covered Code of the Contributor's choice. The
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     Source Code can be in a compressed or archival form, provided the
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     appropriate decompression or de-archiving software is widely available
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     for no charge.
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     1.12. "You" (or "Your")  means an individual or a legal entity
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     exercising rights under, and complying with all of the terms of, this
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     License or a future version of this License issued under Section 6.1.
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     For legal entities, "You" includes any entity which controls, is
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     controlled by, or is under common control with You. For purposes of
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     this definition, "control" means (a) the power, direct or indirect,
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     to cause the direction or management of such entity, whether by
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     contract or otherwise, or (b) ownership of more than fifty percent
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     (50%) of the outstanding shares or beneficial ownership of such
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     entity.
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2. Source Code License.
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     2.1. The Initial Developer Grant.
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     The Initial Developer hereby grants You a world-wide, royalty-free,
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     non-exclusive license, subject to third party intellectual property
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     claims:
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          (a)  under intellectual property rights (other than patent or
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          trademark) Licensable by Initial Developer to use, reproduce,
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          modify, display, perform, sublicense and distribute the Original
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          Code (or portions thereof) with or without Modifications, and/or
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          as part of a Larger Work; and
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          (b) under Patents Claims infringed by the making, using or
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          selling of Original Code, to make, have made, use, practice,
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          sell, and offer for sale, and/or otherwise dispose of the
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          Original Code (or portions thereof).
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          (c) the licenses granted in this Section 2.1(a) and (b) are
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          effective on the date Initial Developer first distributes
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          Original Code under the terms of this License.
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          (d) Notwithstanding Section 2.1(b) above, no patent license is
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          granted: 1) for code that You delete from the Original Code; 2)
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          separate from the Original Code;  or 3) for infringements caused
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          by: i) the modification of the Original Code or ii) the
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          combination of the Original Code with other software or devices.
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     2.2. Contributor Grant.
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     Subject to third party intellectual property claims, each Contributor
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     hereby grants You a world-wide, royalty-free, non-exclusive license
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          (a)  under intellectual property rights (other than patent or
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          trademark) Licensable by Contributor, to use, reproduce, modify,
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          display, perform, sublicense and distribute the Modifications
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          created by such Contributor (or portions thereof) either on an
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          unmodified basis, with other Modifications, as Covered Code
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          and/or as part of a Larger Work; and
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          (b) under Patent Claims infringed by the making, using, or
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          selling of  Modifications made by that Contributor either alone
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          and/or in combination with its Contributor Version (or portions
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          of such combination), to make, use, sell, offer for sale, have
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          made, and/or otherwise dispose of: 1) Modifications made by that
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          Contributor (or portions thereof); and 2) the combination of
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          Modifications made by that Contributor with its Contributor
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          Version (or portions of such combination).
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          (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
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          effective on the date Contributor first makes Commercial Use of
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          the Covered Code.
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          (d)    Notwithstanding Section 2.2(b) above, no patent license is
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          granted: 1) for any code that Contributor has deleted from the
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          Contributor Version; 2)  separate from the Contributor Version;
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          3)  for infringements caused by: i) third party modifications of
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          Contributor Version or ii)  the combination of Modifications made
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          by that Contributor with other software  (except as part of the
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          Contributor Version) or other devices; or 4) under Patent Claims
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          infringed by Covered Code in the absence of Modifications made by
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          that Contributor.
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3. Distribution Obligations.
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     3.1. Application of License.
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     The Modifications which You create or to which You contribute are
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     governed by the terms of this License, including without limitation
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     Section 2.2. The Source Code version of Covered Code may be
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     distributed only under the terms of this License or a future version
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     of this License released under Section 6.1, and You must include a
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     copy of this License with every copy of the Source Code You
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     distribute. You may not offer or impose any terms on any Source Code
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     version that alters or restricts the applicable version of this
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     License or the recipients' rights hereunder. However, You may include
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     an additional document offering the additional rights described in
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     Section 3.5.
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     3.2. Availability of Source Code.
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     Any Modification which You create or to which You contribute must be
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     made available in Source Code form under the terms of this License
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     either on the same media as an Executable version or via an accepted
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     Electronic Distribution Mechanism to anyone to whom you made an
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     Executable version available; and if made available via Electronic
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     Distribution Mechanism, must remain available for at least twelve (12)
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     months after the date it initially became available, or at least six
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     (6) months after a subsequent version of that particular Modification
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     has been made available to such recipients. You are responsible for
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     ensuring that the Source Code version remains available even if the
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     Electronic Distribution Mechanism is maintained by a third party.
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     3.3. Description of Modifications.
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     You must cause all Covered Code to which You contribute to contain a
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     file documenting the changes You made to create that Covered Code and
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     the date of any change. You must include a prominent statement that
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     the Modification is derived, directly or indirectly, from Original
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     Code provided by the Initial Developer and including the name of the
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     Initial Developer in (a) the Source Code, and (b) in any notice in an
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     Executable version or related documentation in which You describe the
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     origin or ownership of the Covered Code.
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     3.4. Intellectual Property Matters
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          (a) Third Party Claims.
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          If Contributor has knowledge that a license under a third party's
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          intellectual property rights is required to exercise the rights
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          granted by such Contributor under Sections 2.1 or 2.2,
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          Contributor must include a text file with the Source Code
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          distribution titled "LEGAL" which describes the claim and the
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          party making the claim in sufficient detail that a recipient will
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          know whom to contact. If Contributor obtains such knowledge after
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          the Modification is made available as described in Section 3.2,
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          Contributor shall promptly modify the LEGAL file in all copies
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          Contributor makes available thereafter and shall take other steps
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          (such as notifying appropriate mailing lists or newsgroups)
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          reasonably calculated to inform those who received the Covered
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          Code that new knowledge has been obtained.
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          (b) Contributor APIs.
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          If Contributor's Modifications include an application programming
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          interface and Contributor has knowledge of patent licenses which
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          are reasonably necessary to implement that API, Contributor must
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          also include this information in the LEGAL file.
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               (c)    Representations.
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          Contributor represents that, except as disclosed pursuant to
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          Section 3.4(a) above, Contributor believes that Contributor's
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          Modifications are Contributor's original creation(s) and/or
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          Contributor has sufficient rights to grant the rights conveyed by
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          this License.
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     3.5. Required Notices.
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     You must duplicate the notice in Exhibit A in each file of the Source
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     Code.  If it is not possible to put such notice in a particular Source
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     Code file due to its structure, then You must include such notice in a
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     location (such as a relevant directory) where a user would be likely
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     to look for such a notice.  If You created one or more Modification(s)
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     You may add your name as a Contributor to the notice described in
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     Exhibit A.  You must also duplicate this License in any documentation
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     for the Source Code where You describe recipients' rights or ownership
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     rights relating to Covered Code.  You may choose to offer, and to
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     charge a fee for, warranty, support, indemnity or liability
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     obligations to one or more recipients of Covered Code. However, You
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     may do so only on Your own behalf, and not on behalf of the Initial
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     Developer or any Contributor. You must make it absolutely clear than
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     any such warranty, support, indemnity or liability obligation is
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     offered by You alone, and You hereby agree to indemnify the Initial
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     Developer and every Contributor for any liability incurred by the
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     Initial Developer or such Contributor as a result of warranty,
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     support, indemnity or liability terms You offer.
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     3.6. Distribution of Executable Versions.
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     You may distribute Covered Code in Executable form only if the
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     requirements of Section 3.1-3.5 have been met for that Covered Code,
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     and if You include a notice stating that the Source Code version of
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     the Covered Code is available under the terms of this License,
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     including a description of how and where You have fulfilled the
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     obligations of Section 3.2. The notice must be conspicuously included
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     in any notice in an Executable version, related documentation or
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     collateral in which You describe recipients' rights relating to the
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     Covered Code. You may distribute the Executable version of Covered
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     Code or ownership rights under a license of Your choice, which may
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     contain terms different from this License, provided that You are in
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     compliance with the terms of this License and that the license for the
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     Executable version does not attempt to limit or alter the recipient's
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     rights in the Source Code version from the rights set forth in this
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     License. If You distribute the Executable version under a different
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     license You must make it absolutely clear that any terms which differ
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     from this License are offered by You alone, not by the Initial
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     Developer or any Contributor. You hereby agree to indemnify the
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     Initial Developer and every Contributor for any liability incurred by
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     the Initial Developer or such Contributor as a result of any such
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     terms You offer.
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     3.7. Larger Works.
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     You may create a Larger Work by combining Covered Code with other code
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     not governed by the terms of this License and distribute the Larger
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     Work as a single product. In such a case, You must make sure the
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     requirements of this License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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     If it is impossible for You to comply with any of the terms of this
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     License with respect to some or all of the Covered Code due to
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     statute, judicial order, or regulation then You must: (a) comply with
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     the terms of this License to the maximum extent possible; and (b)
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     describe the limitations and the code they affect. Such description
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     must be included in the LEGAL file described in Section 3.4 and must
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     be included with all distributions of the Source Code. Except to the
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     extent prohibited by statute or regulation, such description must be
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     sufficiently detailed for a recipient of ordinary skill to be able to
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     understand it.
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5. Application of this License.
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     This License applies to code to which the Initial Developer has
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     attached the notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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     6.1. New Versions.
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     Netscape Communications Corporation ("Netscape") may publish revised
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     and/or new versions of the License from time to time. Each version
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     will be given a distinguishing version number.
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     6.2. Effect of New Versions.
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     Once Covered Code has been published under a particular version of the
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     License, You may always continue to use it under the terms of that
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     version. You may also choose to use such Covered Code under the terms
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     of any subsequent version of the License published by Netscape. No one
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     other than Netscape has the right to modify the terms applicable to
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     Covered Code created under this License.
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     6.3. Derivative Works.
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     If You create or use a modified version of this License (which you may
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     only do in order to apply it to code which is not already Covered Code
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     governed by this License), You must (a) rename Your license so that
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     the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
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     "MPL", "NPL" or any confusingly similar phrase do not appear in your
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     license (except to note that your license differs from this License)
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     and (b) otherwise make it clear that Your version of the license
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     contains terms which differ from the Mozilla Public License and
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     Netscape Public License. (Filling in the name of the Initial
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     Developer, Original Code or Contributor in the notice described in
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     Exhibit A shall not of themselves be deemed to be modifications of
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     this License.)
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7. DISCLAIMER OF WARRANTY.
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     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
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     DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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     THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
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     IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
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     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
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     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
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     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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     8.1.  This License and the rights granted hereunder will terminate
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     automatically if You fail to comply with terms herein and fail to cure
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     such breach within 30 days of becoming aware of the breach. All
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     sublicenses to the Covered Code which are properly granted shall
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     survive any termination of this License. Provisions which, by their
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     nature, must remain in effect beyond the termination of this License
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     shall survive.
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     8.2.  If You initiate litigation by asserting a patent infringement
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     claim (excluding declatory judgment actions) against Initial Developer
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     or a Contributor (the Initial Developer or Contributor against whom
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     You file such action is referred to as "Participant")  alleging that:
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     (a)  such Participant's Contributor Version directly or indirectly
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     infringes any patent, then any and all rights granted by such
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     Participant to You under Sections 2.1 and/or 2.2 of this License
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     shall, upon 60 days notice from Participant terminate prospectively,
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     unless if within 60 days after receipt of notice You either: (i)
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     agree in writing to pay Participant a mutually agreeable reasonable
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     royalty for Your past and future use of Modifications made by such
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     Participant, or (ii) withdraw Your litigation claim with respect to
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     the Contributor Version against such Participant.  If within 60 days
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     of notice, a reasonable royalty and payment arrangement are not
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     mutually agreed upon in writing by the parties or the litigation claim
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     is not withdrawn, the rights granted by Participant to You under
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     Sections 2.1 and/or 2.2 automatically terminate at the expiration of
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     the 60 day notice period specified above.
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     (b)  any software, hardware, or device, other than such Participant's
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     Contributor Version, directly or indirectly infringes any patent, then
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     any rights granted to You by such Participant under Sections 2.1(b)
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     and 2.2(b) are revoked effective as of the date You first made, used,
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     sold, distributed, or had made, Modifications made by that
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     Participant.
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     8.3.  If You assert a patent infringement claim against Participant
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     alleging that such Participant's Contributor Version directly or
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     indirectly infringes any patent where such claim is resolved (such as
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     by license or settlement) prior to the initiation of patent
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     infringement litigation, then the reasonable value of the licenses
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     granted by such Participant under Sections 2.1 or 2.2 shall be taken
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     into account in determining the amount or value of any payment or
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     license.
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     8.4.  In the event of termination under Sections 8.1 or 8.2 above,
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     all end user license agreements (excluding distributors and resellers)
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     which have been validly granted by You or any distributor hereunder
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     prior to termination shall survive termination.
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9. LIMITATION OF LIABILITY.
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     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
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     DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
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     OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
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     ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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     CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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     WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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     RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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     PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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     EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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     THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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     The Covered Code is a "commercial item," as that term is defined in
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     48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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     software" and "commercial computer software documentation," as such
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     terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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     C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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     all U.S. Government End Users acquire Covered Code with only those
tonyg@0
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     rights set forth herein.
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11. MISCELLANEOUS.
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     This License represents the complete agreement concerning subject
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     matter hereof. If any provision of this License is held to be
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   401
     unenforceable, such provision shall be reformed only to the extent
tonyg@0
   402
     necessary to make it enforceable. This License shall be governed by
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   403
     California law provisions (except to the extent applicable law, if
tonyg@0
   404
     any, provides otherwise), excluding its conflict-of-law provisions.
tonyg@0
   405
     With respect to disputes in which at least one party is a citizen of,
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   406
     or an entity chartered or registered to do business in the United
tonyg@0
   407
     States of America, any litigation relating to this License shall be
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   408
     subject to the jurisdiction of the Federal Courts of the Northern
tonyg@0
   409
     District of California, with venue lying in Santa Clara County,
tonyg@0
   410
     California, with the losing party responsible for costs, including
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   411
     without limitation, court costs and reasonable attorneys' fees and
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     expenses. The application of the United Nations Convention on
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   413
     Contracts for the International Sale of Goods is expressly excluded.
tonyg@0
   414
     Any law or regulation which provides that the language of a contract
tonyg@0
   415
     shall be construed against the drafter shall not apply to this
tonyg@0
   416
     License.
tonyg@0
   417
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   418
12. RESPONSIBILITY FOR CLAIMS.
tonyg@0
   419
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   420
     As between Initial Developer and the Contributors, each party is
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   421
     responsible for claims and damages arising, directly or indirectly,
tonyg@0
   422
     out of its utilization of rights under this License and You agree to
tonyg@0
   423
     work with Initial Developer and Contributors to distribute such
tonyg@0
   424
     responsibility on an equitable basis. Nothing herein is intended or
tonyg@0
   425
     shall be deemed to constitute any admission of liability.
tonyg@0
   426
tonyg@0
   427
13. MULTIPLE-LICENSED CODE.
tonyg@0
   428
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   429
     Initial Developer may designate portions of the Covered Code as
tonyg@0
   430
     "Multiple-Licensed".  "Multiple-Licensed" means that the Initial
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   431
     Developer permits you to utilize portions of the Covered Code under
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   432
     Your choice of the NPL or the alternative licenses, if any, specified
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   433
     by the Initial Developer in the file described in Exhibit A.
tonyg@0
   434
tonyg@0
   435
EXHIBIT A -Mozilla Public License.
tonyg@0
   436
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   437
     ``The contents of this file are subject to the Mozilla Public License
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   438
     Version 1.1 (the "License"); you may not use this file except in
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   439
     compliance with the License. You may obtain a copy of the License at
tonyg@0
   440
     http://www.mozilla.org/MPL/
tonyg@0
   441
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   442
     Software distributed under the License is distributed on an "AS IS"
tonyg@0
   443
     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
tonyg@0
   444
     License for the specific language governing rights and limitations
tonyg@0
   445
     under the License.
tonyg@0
   446
tonyg@0
   447
     The Original Code is RabbitMQ.
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matthew@6074
   449
     The Initial Developer of the Original Code is VMware, Inc.
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     Copyright (c) 2007-2012 VMware, Inc.  All rights reserved.''
tonyg@0
   451
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     [NOTE: The text of this Exhibit A may differ slightly from the text of
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   453
     the notices in the Source Code files of the Original Code. You should
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   454
     use the text of this Exhibit A rather than the text found in the
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   455
     Original Code Source Code for Your Modifications.]