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			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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| 
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| Preamble
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| 
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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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| 
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| This License provides that:
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| License Terms
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| 
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| 1. Grant of License From Licensor.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 2. Grant of License to Modifications From
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| Contributor.
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| 
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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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| 
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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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| 
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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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| 
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| 3. Exclusions From License Grant.
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| 
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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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| 
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| 4. Your Obligations Regarding Distribution.
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| 
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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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| 
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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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| 
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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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| 
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| d. Intellectual Property Matters.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 5. Inability to Comply Due to Statute or
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| Regulation.
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| 
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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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| 
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| 6. Application of This License.
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| 
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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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| 
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| 7. Versions of This License.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 8. Disclaimer of Warranty.
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| 
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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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| 
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| 9. Termination.
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| 
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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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| 
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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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| 
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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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| 
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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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| 
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| 10. Limitation of Liability.
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| 
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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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| 
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