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524 lines
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524 lines
24 KiB
Plaintext
BitTorrent Open Source License
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Version 1.0
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This BitTorrent Open Source License (the "License") applies to the BitTorrent
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client and related software products as
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well as any updates or maintenance releases of that software ("BitTorrent
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Products") that are distributed by
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BitTorrent, Inc. ("Licensor"). Any BitTorrent Product licensed pursuant to
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this License is a Licensed Product.
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Licensed Product, in its entirety, is protected by U.S. copyright law. This
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License identifies the terms under which
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you may use, copy, distribute or modify Licensed Product.
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Preamble
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This Preamble is intended to describe, in plain English, the nature and scope
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of this License. However, this
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Preamble is not a part of this license. The legal effect of this License
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is dependent only upon the terms of the
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License and not this Preamble.
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This License complies with the Open Source Definition and is derived from
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the Jabber Open Source License 1.0 (the
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"JOSL"), which has been approved by Open Source Initiative. Sections 4(c)
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and 4(f)(iii) from the JOSL have been
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dropped.
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This License provides that:
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1. You may use, sell or give away the Licensed Product, alone or as a
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component of an aggregate software
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distribution containing programs from several different sources. No royalty
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or other fee is required.
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2. Both Source Code and executable versions of the Licensed Product,
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including Modifications made by previous
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Contributors, are available for your use. (The terms "Licensed Product,"
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"Modifications," "Contributors" and "Source
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Code" are defined in the License.)
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3. You are allowed to make Modifications to the Licensed Product, and
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you can create Derivative Works from it.
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(The term "Derivative Works" is defined in the License.)
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4. By accepting the Licensed Product under the provisions of this License,
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you agree that any Modifications you
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make to the Licensed Product and then distribute are governed by the provisions
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of this License. In particular, you
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must make the Source Code of your Modifications available to others.
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5. You may use the Licensed Product for any purpose, but the Licensor
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is not providing you any warranty
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whatsoever, nor is the Licensor accepting any liability in the event that
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the Licensed Product doesn't work properly
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or causes you any injury or damages.
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6. If you sublicense the Licensed Product or Derivative Works, you may
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charge fees for warranty or support, or
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for accepting indemnity or liability obligations to your customers. You cannot
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charge for the Source Code.
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7. If you assert any patent claims against the Licensor relating to the
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Licensed Product, or if you breach any
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terms of the License, your rights to the Licensed Product under this License
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automatically terminate.
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You may use this License to distribute your own Derivative Works, in which
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case the provisions of this License will
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apply to your Derivative Works just as they do to the original Licensed Product.
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Alternatively, you may distribute your Derivative Works under any other OSI-approved
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Open Source license, or under a
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proprietary license of your choice. If you use any license other than this
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License, however, you must continue to
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fulfill the requirements of this License (including the provisions relating
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to publishing the Source Code) for those
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portions of your Derivative Works that consist of the Licensed Product, including
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the files containing Modifications.
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New versions of this License may be published from time to time. You may
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choose to continue to use the license
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terms in this version of the License or those from the new version. However,
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only the Licensor has the right to
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change the License terms as they apply to the Licensed Product.
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This License relies on precise definitions for certain terms. Those terms
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are defined when they are first used, and
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the definitions are repeated for your convenience in a Glossary at the end
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of the License.
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License Terms
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1. Grant of License From Licensor. Licensor hereby grants you a world-wide,
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royalty-free, non-exclusive
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license, subject to third party intellectual property claims, to do the following:
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a. Use, reproduce, modify, display, perform, sublicense and distribute
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any Modifications created by such
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Contributor or portions thereof, in both Source Code or as an executable program,
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either on an unmodified basis or as
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part of Derivative Works.
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b. Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for
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sale, have made, and/or otherwise dispose of Modifications or portions thereof,
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but solely to the extent that any
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such claim is necessary to enable you to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of
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Modifications or portions thereof or Derivative Works thereof.
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2. Grant of License to Modifications From Contributor. "Modifications" means
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any additions to or deletions from the
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substance or structure of (i) a file containing Licensed Product, or (ii)
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any new file that contains any part of
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Licensed Product. Hereinafter in this License, the term "Licensed Product"
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shall include all previous Modifications
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that you receive from any Contributor. By application of the provisions in
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Section 4(a) below, each person or entity
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who created or contributed to the creation of, and distributed, a Modification
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(a "Contributor") hereby grants you a
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world-wide, royalty-free, non-exclusive license, subject to third party intellectual
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property claims, to do the
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following:
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1. Use, reproduce, modify, display, perform, sublicense and distribute any
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Modifications created by such
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Contributor or portions thereof, in both Source Code or as an executable program,
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either on an unmodified basis or as
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part of Derivative Works.
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2. Under claims of patents now or hereafter owned or controlled by Contributor,
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to make, use, sell, offer for
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sale, have made, and/or otherwise dispose of Modifications or portions thereof,
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but solely to the extent that any
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such claim is necessary to enable you to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of
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Modifications or portions thereof or Derivative Works thereof.
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3. Exclusions From License Grant. Nothing in this License shall be deemed
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to grant any rights to trademarks,
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copyrights, patents, trade secrets or any other intellectual property of Licensor
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or any Contributor except as
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expressly stated herein. No patent license is granted separate from the Licensed
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Product, for code that you delete
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from the Licensed Product, or for combinations of the Licensed Product with
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other software or hardware. No right is
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granted to the trademarks of Licensor or any Contributor even if such marks
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are included in the Licensed Product.
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Nothing in this License shall be interpreted to prohibit Licensor from licensing
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under different terms from this
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License any code that Licensor otherwise would have a right to license.
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4. Your Obligations Regarding Distribution.
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a. Application of This License to Your Modifications. As an express
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condition for your use of the Licensed
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Product, you hereby agree that any Modifications that you create or to which
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you contribute, and which you
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distribute, are governed by the terms of this License including, without limitation,
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Section 2. Any Modifications
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that you create or to which you contribute may be distributed only under the
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terms of this License or a future
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version of this License released under Section 7. You must include a copy
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of this License with every copy of the
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Modifications you distribute. You agree not to offer or impose any terms
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on any Source Code or executable version of
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the Licensed Product or Modifications that alter or restrict the applicable
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version of this License or the
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recipients' rights hereunder. However, you may include an additional document
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offering the additional rights
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described in Section 4(d).
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b. Availability of Source Code. You must make available, under the
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terms of this License, the Source Code of
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the Licensed Product and any Modifications that you distribute, either on
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the same media as you distribute any
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executable or other form of the Licensed Product, or via a mechanism generally
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accepted in the software development
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community for the electronic transfer of data (an "Electronic Distribution
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Mechanism"). The Source Code for any
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version of Licensed Product or Modifications that you distribute must remain
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available for at least twelve (12)
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months after the date it initially became available, or at least six (6) months
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after a subsequent version of said
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Licensed Product or Modifications has been made available. You are responsible
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for ensuring that the Source Code
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version remains available even if the Electronic Distribution Mechanism is
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maintained by a third party.
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c. Intellectual Property Matters.
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i. Third Party Claims. If you have knowledge that a license to
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a third
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party's intellectual property right is required to exercise the rights granted
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by this License, you must include a
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text file with the Source Code distribution titled "LEGAL" that describes
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the claim and the party making the claim in
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sufficient detail that a recipient will know whom to contact. If you obtain
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such knowledge after you make any
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Modifications available as described in Section 4(b), you shall promptly modify
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the LEGAL file in all copies you make
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available thereafter and shall take other steps (such as notifying appropriate
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mailing lists or newsgroups)
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reasonably calculated to inform those who received the Licensed Product from
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you that new knowledge has been
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obtained.
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ii. Contributor APIs. If your Modifications include an application
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programming interface ("API") and you have knowledge of patent licenses that
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are reasonably necessary to implement
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that API, you must also include this information in the LEGAL file.
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iii. Representations. You represent that, except as disclosed
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pursuant to
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4(c)(i) above, you believe that any Modifications you distribute are your
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original creations and that you have
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sufficient rights to grant the rights conveyed by this License.
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d. Required Notices. You must duplicate this License in any documentation
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you provide along with the Source
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Code of any Modifications you create or to which you contribute, and which
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you distribute, wherever you describe
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recipients' rights relating to Licensed Product. You must duplicate the notice
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contained in Exhibit A (the "Notice")
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in each file of the Source Code of any copy you distribute of the Licensed
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Product. If you created a Modification,
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you may add your name as a Contributor to the Notice. If it is not possible
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to put the Notice in a particular Source
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Code file due to its structure, then you must include such Notice in a location
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(such as a relevant directory file)
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where a user would be likely to look for such a notice. You may choose to
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offer, and charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of Licensed
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Product. However, you may do so
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only on your own behalf, and not on behalf of the Licensor or any Contributor.
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You must make it clear that any such
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warranty, support, indemnity or liability obligation is offered by you alone,
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and you hereby agree to indemnify the
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Licensor and every Contributor for any liability incurred by the Licensor
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or such Contributor as a result of
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warranty, support, indemnity or liability terms you offer.
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e. Distribution of Executable Versions. You may distribute Licensed
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Product as an executable program under a
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license of your choice that may contain terms different from this License
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provided (i) you have satisfied the
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requirements of Sections 4(a) through 4(d) for that distribution, (ii) you
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include a conspicuous notice in the
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executable version, related documentation and collateral materials stating
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that the Source Code version of the
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Licensed Product is available under the terms of this License, including a
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description of how and where you have
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fulfilled the obligations of Section 4(b), and (iii) you make it clear that
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any terms that differ from this License
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are offered by you alone, not by Licensor or any Contributor. You hereby
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agree to indemnify the Licensor and every
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Contributor for any liability incurred by Licensor or such Contributor as
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a result of any terms you offer.
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f. Distribution of Derivative Works. You may create Derivative Works
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(e.g., combinations of some or all of the
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Licensed Product with other code) and distribute the Derivative Works as products
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under any other license you select,
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with the proviso that the requirements of this License are fulfilled for those
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portions of the Derivative Works that
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consist of the Licensed Product or any Modifications thereto.
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5. Inability to Comply Due to Statute or Regulation. If it is impossible
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for you to comply with any of the
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terms of this License with respect to some or all of the Licensed Product
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due to statute, judicial order, or
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regulation, then you must (i) comply with the terms of this License to the
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maximum extent possible, (ii) cite the
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statute or regulation that prohibits you from adhering to the License, and
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(iii) describe the limitations and the
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code they affect. Such description must be included in the LEGAL file described
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in Section 4(d), and must be included
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with all distributions of the Source Code. Except to the extent prohibited
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by statute or regulation, such
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description must be sufficiently detailed for a recipient of ordinary skill
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at computer programming to be able to
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understand it.
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6. Application of This License. This License applies to code to which
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Licensor or Contributor has attached the
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Notice in Exhibit A, which is incorporated herein by this reference.
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7. Versions of This License.
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a. New Versions. Licensor may publish from time to time revised and/or
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new versions of the License.
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b. Effect of New Versions. Once Licensed Product has been published
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under a particular version of the License,
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you may always continue to use it under the terms of that version. You may
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also choose to use such Licensed Product
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under the terms of any subsequent version of the License published by Licensor.
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No one other than Licensor has the
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right to modify the terms applicable to Licensed Product created under this
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License.
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c. Derivative Works of this License. If you create or use a modified
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version of this License, which you may do
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only in order to apply it to software that is not already a Licensed Product
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under this License, you must rename your
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license so that it is not confusingly similar to this License, and must make
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it clear that your license contains
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terms that differ from this License. In so naming your license, you may not
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use any trademark of Licensor or any
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Contributor.
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8. Disclaimer of Warranty. LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE
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ON AN AS IS BASIS, WITHOUT WARRANTY
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OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
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THAT THE LICENSED PRODUCT IS FREE
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OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND
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PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU. SHOULD LICENSED PRODUCT
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PROVE DEFECTIVE IN ANY RESPECT, YOU (AND
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NOT THE LICENSOR OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS
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DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE
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OF LICENSED PRODUCT IS AUTHORIZED
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HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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9. Termination.
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a. Automatic Termination Upon Breach. This license and the rights granted
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hereunder will terminate
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automatically if you fail to comply with the terms herein and fail to cure
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such breach within thirty (30) days of
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becoming aware of the breach. All sublicenses to the Licensed Product that
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are properly granted shall survive any
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termination of this license. Provisions that, by their nature, must remain
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in effect beyond the termination of this
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License, shall survive.
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b. Termination Upon Assertion of Patent Infringement. If you initiate
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litigation by asserting a patent
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infringement claim (excluding declaratory judgment actions) against Licensor
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or a Contributor (Licensor or
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Contributor against whom you file such an action is referred to herein as
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Respondent) alleging that Licensed Product
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directly or indirectly infringes any patent, then any and all rights granted
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by such Respondent to you under Sections
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1 or 2 of this License shall terminate prospectively upon sixty (60) days
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notice from Respondent (the "Notice
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Period") unless within that Notice Period you either agree in writing (i)
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to pay Respondent a mutually agreeable
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reasonably royalty for your past or future use of Licensed Product made by
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such Respondent, or (ii) withdraw your
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litigation claim with respect to Licensed Product against such Respondent.
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If within said Notice Period a reasonable
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royalty and payment arrangement are not mutually agreed upon in writing by
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the parties or the litigation claim is not
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withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically
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terminate at the expiration of
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said Notice Period.
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c. Reasonable Value of This License. If you assert a patent infringement
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claim against Respondent alleging
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that Licensed Product directly or indirectly infringes any patent where such
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claim is resolved (such as by license or
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settlement) prior to the initiation of patent infringement litigation, then
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the reasonable value of the licenses
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granted by said Respondent under Sections 1 and 2 shall be taken into account
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in determining the amount or value of
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any payment or license.
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d. No Retroactive Effect of Termination. In the event of termination
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under Sections 9(a) or 9(b) above, all
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end user license agreements (excluding licenses to distributors and resellers)
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that have been validly granted by you
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or any distributor hereunder prior to termination shall survive termination.
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10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
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WHETHER TORT (INCLUDING NEGLIGENCE),
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CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR
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OF LICENSED PRODUCT, OR ANY SUPPLIER
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OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
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ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
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WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
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PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
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TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS
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SUCH LIMITATION. SOME JURISDICTIONS DO
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NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
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SO THIS EXCLUSION AND LIMITATION MAY
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NOT APPLY TO YOU.
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11. Responsibility for Claims. As between Licensor and Contributors, each
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party is responsible for claims and
|
|
damages arising, directly or indirectly, out of its utilization of rights
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under this License. You agree to work with
|
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Licensor and Contributors to distribute such responsibility on an equitable
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basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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12. U.S. Government End Users. The Licensed Product is a commercial item,
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as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of commercial computer software and commercial
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computer software documentation, as such
|
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
|
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12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Licensed Product
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with only those rights set forth
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herein.
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13. Miscellaneous. This License represents the complete agreement concerning
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the subject matter hereof. If any
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provision of this License is held to be unenforceable, such provision shall
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be reformed only to the extent necessary
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to make it enforceable. This License shall be governed by California law
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provisions (except to the extent applicable
|
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law, if any, provides otherwise), excluding its conflict-of-law provisions.
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You expressly agree that any litigation
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relating to this license shall be subject to the jurisdiction of the Federal
|
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Courts of the Northern District of
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California or the Superior Court of the County of Santa Clara, California
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(as appropriate), with venue lying in Santa
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Clara County, California, with the losing party responsible for costs including,
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without limitation, court costs and
|
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reasonable attorneys fees and expenses. The application of the United Nations
|
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Convention on Contracts for the
|
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International Sale of Goods is expressly excluded. You and Licensor expressly
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waive any rights to a jury trial in
|
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any litigation concerning Licensed Product or this License. Any law or regulation
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that provides that the language of
|
|
a contract shall be construed against the drafter shall not apply to this
|
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License.
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14. Definition of You in This License. You throughout this License, whether
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in upper or lower case, means an
|
|
individual or a legal entity exercising rights under, and complying with all
|
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of the terms of, this License or a
|
|
future version of this License issued under Section 7. For legal entities,
|
|
you includes any entity that controls, is
|
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controlled by, or is under common control with you. For purposes of this
|
|
definition, control means (i) the power,
|
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direct or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (ii)
|
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ownership of fifty percent (50%) or more of the outstanding shares, or (iii)
|
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beneficial ownership of such entity.
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15. Glossary. All defined terms in this License that are used in more than
|
|
one Section of this License are repeated
|
|
here, in alphabetical order, for the convenience of the reader. The Section
|
|
of this License in which each defined
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term is first used is shown in parentheses.
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Contributor: Each person or entity who created or contributed to the creation
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of, and distributed, a Modification.
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(See Section 2)
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Derivative Works: That term as used in this License is defined under U.S.
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copyright law. (See Section 1(b))
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License: This BitTorrent Open Source License. (See first paragraph of License)
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Licensed Product: Any BitTorrent Product licensed pursuant to this License.
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The term "Licensed Product" includes
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all previous Modifications from any Contributor that you receive. (See first
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paragraph of License and Section 2)
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Licensor: BitTorrent, Inc. (See first paragraph of License)
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Modifications: Any additions to or deletions from the substance or structure
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of (i) a file containing Licensed
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Product, or (ii) any new file that contains any part of Licensed Product.
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(See Section 2)
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Notice: The notice contained in Exhibit A. (See Section 4(e))
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Source Code: The preferred form for making modifications to the Licensed Product,
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including all modules contained
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therein, plus any associated interface definition files, scripts used to control
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compilation and installation of an
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|
executable program, or a list of differential comparisons against the Source
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Code of the Licensed Product. (See
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Section 1(a))
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You: This term is defined in Section 14 of this License.
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EXHIBIT A
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The Notice below must appear in each file of the Source Code of any copy you
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distribute of the Licensed Product or
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any hereto. Contributors to any Modifications may add their own copyright
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notices to identify their own
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contributions.
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License:
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The contents of this file are subject to the BitTorrent Open Source License
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Version 1.0 (the License). You may not
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copy or use this file, in either source code or executable form, except in
|
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compliance with the License. You may
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obtain a copy of the License at http://www.bittorrent.com/license/.
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Software distributed under the License is distributed on an AS IS basis, WITHOUT
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WARRANTY OF ANY KIND, either express
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or implied. See the License for the specific language governing rights and
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|
limitations under the License.
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