423 lines
20 KiB
Plaintext
423 lines
20 KiB
Plaintext
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MOTOSOTO OPEN SOURCE LICENSE - Version 0.9.1
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This Motosoto Open Source License (the "License") applies to "Community
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Portal Server" and related software products as well as any updatesor
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maintenance releases of that software ("Motosoto Products") that are
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distributed by Motosoto.Com B.V. ("Licensor"). Any Motosoto
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Product licensed pursuant to this License is a "Licensed Product." Licensed
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Product, in its entirety, is protected by Dutch copyright law.
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This
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License identifies the terms under which you may use, copy, distribute or modify
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Licensed Product and has been submitted to the Open Software Initiative (OSI)
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for approval.
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Preamble
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This Preamble is intended to describe, in plain English, the nature and scope of
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this License. However, this Preamble is not a part of this license. The legal
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effect of this License is dependent only upon the terms of the License and not
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this Preamble.
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This License complies with the Open Source Definition and has been approved by
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Open Source Initiative. Software distributed under this License may be marked
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as "OSI Certified Open Source Software."
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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 distribution containing
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programs from several different sources. No royalty or other fee is
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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 Contributors, are
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available for your use. (The terms "Licensed Product," "Modifications,"
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"Contributors" and "Source Code" are defined in the License.)
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3. You are allowed to make Modifications to the Licensed Product, and you
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can create Derivative Works from it. (The term "Derivative
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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 make to the Licensed
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Product and then distribute are governed by the provisions of this
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License. In particular, you must make the Source Code of your
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Modifications available to others.
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5. You may use the Licensed Product for any purpose, but the Licensor is
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not providing you any warranty whatsoever, nor is the Licensor
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accepting any liability in the event that the Licensed Product doesn`t
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work properly 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 for accepting indemnity
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or liability obligations to your customers. You cannot charge for the
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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 terms of the License, your
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rights to the Licensed Product under this License automatically
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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 apply to your Derivative
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Works just as they do to the original Licensed Product.
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Alternatively, you may distribute your Derivative Works under any other
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OSI-approved Open Source license, or under a proprietary license of
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your choice. If you use any license other than this License, however, you must
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continue to fulfill the requirements of this License (including the
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provisions relating to publishing the Source Code) for those portions of your
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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 terms in this version of the
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License or those from the new version. However, only the Licensor has the right
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to change the License terms as they apply to the Licensed
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Product.
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This License relies on precise definitions for certain terms. Those terms are
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defined when they are first used, and the definitions are repeated for
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your convenience in a Glossary at the end of the License.
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License Terms
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1. Grant of License From Licensor.
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Licensor
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hereby grants you a world-wide, royalty-free, non-exclusive license, subject to
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third
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party intellectual property claims, to do the following:
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a. Use, reproduce, modify, display, perform, sublicense and
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distribute Licensed Product or portions thereof (including
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Modifications as hereinafter defined), in both Source Code or as
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an executable program. "Source Code" means the preferred
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form for making modifications to the Licensed Product, including
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all modules contained therein, plus any associated
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interface definition files, scripts used to control compilation
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and installation of an executable program, or a list of
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differential comparisons against the Source Code of the Licensed
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Product.
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b. Create Derivative Works (as that term is defined under Dutch
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copyright law) of Licensed Product by adding to or deleting
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from the substance or structure of said Licensed Product.
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c. Under claims of patents now or hereafter owned or controlled
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by Licensor, to make, use, sell, offer for sale, have made,
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and/or otherwise dispose of Licensed Product or portions thereof,
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but solely to the extent that any such claim is necessary to
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enable you to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of Licensed Product or portions thereof or
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Derivative Works thereof.
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2. Grant of License to Modifications From
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Contributor.
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"Modifications" means any additions to or
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deletions from the substance or
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structure of (i) a file containing Licensed Product, or (ii) any new file
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that contains any part of Licensed Product. Hereinafter in this
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License, the term "Licensed Product" shall include all previous
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Modifications that you receive from any Contributor. By
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application of the provisions in Section 4(a) below, each person or
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entity who created or contributed to the creation of, and distributed,
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a Modification (a "Contributor") hereby grants you a world-wide,
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royalty-free, non-exclusive license, subject to third party
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intellectual property claims, to do the following:
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a. Use, reproduce, modify, display, perform, sublicense and
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distribute any Modifications created by such Contributor or
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portions thereof, in both Source Code or as an executable program,
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either on an unmodified basis or as part of Derivative
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Works.
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b. Under claims of patents now or hereafter owned or controlled by
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Contributor, to make, use, sell, offer for sale, have made,
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and/or otherwise dispose of Modifications or portions thereof, but
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solely to the extent that any such claim is necessary to
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enable you to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of Modifications or portions thereof or
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Derivative Works thereof.
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3. Exclusions From License Grant.
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Nothing in
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this License shall be deemed to grant any rights to trademarks, copyrights,
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patents,
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trade secrets or any other intellectual property of Licensor or any
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Contributor except as expressly stated herein. No patent license is
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granted separate from the Licensed Product, for code that you delete from
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the Licensed Product, or for combinations of the Licensed
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Product with other software or hardware. No right is granted to the
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trademarks of Licensor or any Contributor even if such marks are
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included in the Licensed Product. Nothing in this License shall be
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interpreted to prohibit Licensor from licensing under different
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terms from this License any code that Licensor otherwise would have a
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right to license.
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4. Your Obligations Regarding Distribution.
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a. Application of This License to Your
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Modifications. As an express condition for your use of the Licensed
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Product, you
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hereby agree that any Modifications that you create or to which
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you contribute, and which you distribute, are governed by the
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terms of this License including, without limitation, Section 2.
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Any Modifications that you create or to which you contribute
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may be distributed only under the terms of this License or a
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future version of this License released under Section 7. You must
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include a copy of this License with every copy of the
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Modifications you distribute. You agree not to offer or impose any
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terms on any Source Code or executable version of the Licensed
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Product or Modifications that alter or restrict the applicable
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version of this License or the recipients` rights hereunder.
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However, you may include an additional document offering the
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additional rights described in Section 4(e).
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b. Availability of Source Code. You must make
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available, under the terms of this License, the Source Code of the Licensed
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Product and any Modifications that you distribute, either on the
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same media as you distribute any executable or other form
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of the Licensed Product, or via a mechanism generally accepted in
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the software development community for the electronic
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transfer of data (an "Electronic Distribution Mechanism"). The
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Source Code for any version of Licensed Product or
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Modifications that you distribute must remain available for at
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least twelve (12) months after the date it initially became
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available, or at least six (6) months after a subsequent version
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of said Licensed Product or Modifications has been made
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available. You are responsible for ensuring that the Source Code
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version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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c. Description of Modifications. You must cause any
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Modifications that you create or to which you contribute, and which
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you distribute, to contain a file documenting the additions,
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changes or deletions you made to create or contribute to those
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Modifications, and the dates of any such additions, changes or
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deletions. You must include a prominent statement that the
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Modifications are derived, directly or indirectly, from the
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Licensed Product and include the names of the Licensor and any
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Contributor to the Licensed Product in (i) the Source Code and
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(ii) in any notice displayed by a version of the Licensed
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Product you distribute or in related documentation in which you
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describe the origin or ownership of the Licensed Product.
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You may not modify or delete any preexisting copyright notices in
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the Licensed Product.
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d. Intellectual Property Matters.
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i. Third Party Claims. If you have
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knowledge that a license to a third party`s intellectual property right is
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required
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to exercise the rights granted by this License, you must
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include a text file with the Source Code distribution titled
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"LEGAL" that describes the claim and the party making the
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claim in sufficient detail that a recipient will know
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whom to contact. If you obtain such knowledge after you make
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any Modifications available as described in Section
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4(b), you shall promptly modify the LEGAL file in all copies
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you make available thereafter and shall take other
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steps (such as notifying appropriate mailing lists or
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newsgroups) reasonably calculated to inform those who
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received the Licensed Product from you that new knowledge
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has been obtained.
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ii. Contributor APIs. If your
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Modifications include an application programming interface ("API") and you have
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knowledge of patent licenses that are reasonably necessary
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to implement that API, you must also include this
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information in the LEGAL file.
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iii. Representations. You represent that,
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except as disclosed pursuant to 4(d)(i) above, you believe that any
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Modifications you distribute are your original creations and
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that you have sufficient rights to grant the rights
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conveyed by this License.
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e. Required Notices. You must duplicate this
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License in any documentation you provide along with the Source Code of any
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Modifications you create or to which you contribute, and which you
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distribute, wherever you describe recipients` rights
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relating to Licensed Product. You must duplicate the notice
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contained in Exhibit A (the "Notice") in each file of the Source
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Code of any copy you distribute of the Licensed Product. If you
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created a Modification, you may add your name as a
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Contributor to the Notice. If it is not possible to put the Notice
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in a particular Source Code file due to its structure, then
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you must include such Notice in a location (such as a relevant
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directory file) where a user would be likely to look for such a
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notice. You may choose to offer, and charge a fee for, warranty,
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support, indemnity or liability obligations to one or more
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recipients of Licensed Product. However, you may do so only on
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your own behalf, and not on behalf of the Licensor or any
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Contributor. You must make it clear that any such warranty,
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support, indemnity or liability obligation is offered by you
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alone, and you hereby agree to indemnify the Licensor and every
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Contributor for any liability incurred by the Licensor or such
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Contributor as a result of warranty, support, indemnity or
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liability terms you offer.
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f. Distribution of Executable Versions. You may
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distribute Licensed Product as an executable program under a license of
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your choice that may contain terms different from this License
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provided (i) you have satisfied the requirements of Sections
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4(a) through 4(e) for that distribution, (ii) you include a
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conspicuous notice in the executable version, related documentation
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and collateral materials stating that the Source Code version of
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the Licensed Product is available under the terms of this
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License, including a description of how and where you have
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fulfilled the obligations of Section 4(b), (iii) you retain all
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existing copyright notices in the Licensed Product, and (iv) you
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make it clear that any terms that differ from this License are
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offered by you alone, not by Licensor or any Contributor. You
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hereby agree to indemnify the Licensor and every Contributor
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for any liability incurred by Licensor or such Contributor as a
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result of any terms you offer.
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g. Distribution of Derivative Works. You may
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create Derivative Works (e.g., combinations of some or all of the Licensed
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Product with other code) and distribute the Derivative Works as
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products under any other license you select, with the
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proviso that the requirements of this License are fulfilled for
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those portions of the Derivative Works that consist of the
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Licensed Product or any Modifications thereto.
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5. Inability to Comply Due to Statute or
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Regulation.
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If it is impossible for you to comply with any of
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the terms of this License with
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respect to some or all of the Licensed Product due to statute, judicial
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order, or regulation, then you must (i) comply with the terms of
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this License to the maximum extent possible, (ii) cite the statute or
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regulation that prohibits you from adhering to the License, and
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(iii) describe the limitations and the code they affect. Such description
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must be included in the LEGAL file described in Section 4(d),
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and must be included with all distributions of the Source Code. Except to
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the extent prohibited by statute or regulation, such
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description must be sufficiently detailed for a recipient of ordinary
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skill at computer programming to be able to understand it.
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6. Application of This License.
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This License
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applies to code to which Licensor or Contributor has attached the Notice in
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Exhibit A,
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which is incorporated herein by this reference.
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7. Versions of This License.
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a. Version. The Motosoto Open Source License is
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derived from the Jabber Open Source License. All changes are related to
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applicable law and the location of court.
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b. New Versions. Licensor may publish from time to
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time revised and/or new versions of the License.
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c. Effect of New Versions. Once Licensed Product
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has been published under a particular version of the License, you may always
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continue to use it under the terms of that version. You may also
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choose to use such Licensed Product under the terms of any
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subsequent version of the License published by Licensor. No one
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other than Lic ensor has the right to modify the terms
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applicable to Licensed Product created under this License.
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d. Derivative Works of this License. If you
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create or use a modified version of this License, which you may do only in
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order to
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apply it to software that is not already a Licensed Product under
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this License, you must rename your license so that it is not
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confusingly similar to this License, and must make it clear that
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your license contains terms that differ from this License. In
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so naming your license, you may not use any trademark of Licensor
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or any Contributor.
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8. Disclaimer of Warranty.
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LICENSED PRODUCT IS
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PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES
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THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
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PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
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LICENSED PRODUCT IS
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WITH YOU. SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU
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(AND NOT THE LICENSOR OR
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ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR
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OR CORRECTION. THIS
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DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
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USE OF LICENSED
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PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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9. Termination.
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a. Automatic Termination Upon Breach. This
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license and the rights granted hereunder will terminate automatically if you
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fail to comply with the terms herein and fail to cure such breach
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within thirty (30) days of becoming aware of the breach.
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All sublicenses to the Licensed Product that are properly granted
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shall survive any termination of this license. Provisions
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that, by their nature, must remain in effect beyond the
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termination of this License, shall survive.
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b. Termination Upon Assertion of Patent
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Infringement. If you initiate litigation by asserting a patent
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infringement claim
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(excluding declaratory judgment actions) against Licensor or a
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Contributor (Licensor or Contributor against whom you file
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such an action is referred to herein as "Respondent") alleging
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that Licensed Product directly or indirectly infringes any
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patent, then any and all rights granted by such Respondent to you
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under Sections 1 or 2 of this License shall terminate
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prospectively upon sixty (60) days notice from Respondent (the
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"Notice Period") unless within that Notice Period you
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either agree in writing (i) to pay Respondent a mutually agreeable
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reasonably royalty for your past or future use of Licensed
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Product made by such Respondent, or (ii) withdraw your litigation
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claim with respect to Licensed Product against such
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Respondent. If within said Notice Period a reasonable royalty and
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payment arrangement are not mutually agreed upon in
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writing by the parties or the litigation claim is not withdrawn,
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the rights granted by Licensor to you under Sections 1 and 2
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automatically terminate at the expiration of said Notice
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Period.
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c. Reasonable Value of This License. If you assert a
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patent infringement claim against Respondent alleging that Licensed
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Product directly or indirectly infringes any patent where such
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claim is resolved (such as by license or settlement) prior to
|
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the initiation of patent infringement litigation, then the
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reasonable value of the licenses granted by said Respondent under
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Sections 1 and 2 shall be taken into account in determining the
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amount or value of any payment or license.
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d. No Retroactive Effect of Termination. In the
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event of termination under Sections 9(a) or 9(b) above, all end user license
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agreements (excluding licenses to distributors and reselle rs)
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that have been validly granted by you or any distributor
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hereunder prior to termination shall survive
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termination.
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10. Limitation of Liability.
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UNDER NO
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CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY
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CONTRIBUTOR, OR ANY
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DISTRIBUTOR OF LICENSED PRODUCT, OR ANY SUPPLIER OF ANY OF SUCH PARTIES,
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BE LIABLE TO ANY PERSON
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FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
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CHARACTER INCLUDING,
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WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
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SUCH PARTY SHALL
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT
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APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY
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