402 lines
21 KiB
Plaintext
402 lines
21 KiB
Plaintext
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Red Hat eCos Public License v1.1
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1. DEFINITIONS
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1.1. "Contributor" means each entity that creates or contributes to
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the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original
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Code, prior Modifications used by a Contributor, and the Modifications made by
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that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case including
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portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic transfer of
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data.
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1.5. "Executable" means Covered Code in any form other than Source
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Code.
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1.6. "Initial Developer" means the individual or entity identified as
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the Initial Developer in the Source Code notice required by Exhibit A.
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1.7. "Larger Work" means a work which combines Covered Code or
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portions thereof with code not governed by the terms of this License.
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1.8. "License" means this document.
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1.9. "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous
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Modifications.
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1.10. "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as Original
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Code, and which, at the time of its release under this License is not already
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Covered Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code for
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making modifications to it, including all modules it contains, plus any
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associated interface definition files, scripts used to control compilation and
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installation of an Executable, or a list of source code differential
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comparisons against either the Original Code or another well known, available
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Covered Code of the Contributor's choice. The Source Code can be in a
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compressed or archival form, provided the appropriate decompression or de-
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archiving software is widely available for no charge.
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1.12. "You" means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License or a future version
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of this License issued under Section 6.1. For legal entities, "You"
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includes any entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition, "control" means
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(a) the power, direct or indirect, to cause the direction or management of such
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entity, whether by contract or otherwise, or (b) ownership of fifty percent
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(50%) or more of the outstanding shares or beneficial ownership of such entity.
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1.13. "Red Hat Branded Code" is code that Red Hat distributes and/or
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permits others to distribute under different terms than the Red Hat eCos Public
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License. Red Hat's Branded Code may contain part or all of the Covered Code.
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2. SOURCE CODE LICENSE
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-
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exclusive license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute the
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Original Code (or portions thereof) with or without Modifications, or as part
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of a Larger Work; and
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(b) under patents now or hereafter owned or controlled by Initial Developer, to
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make, have made, use and sell ("Utilize") the Original Code (or
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portions thereof), but solely to the extent that any such patent is reasonably
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necessary to enable You to Utilize the Original Code (or portions thereof) and
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not to any greater extent that may be necessary to Utilize further
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Modifications or combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) to use, reproduce, modify, display, perform, sublicense and distribute the
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Modifications created by such Contributor (or portions thereof) either on an
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unmodified basis, with other Modifications, as Covered Code or as part of a
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Larger Work; and
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(b) under patents now or hereafter owned or controlled by Contributor, to
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Utilize the Contributor Version (or portions thereof), but solely to the extent
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that any such patent is reasonably necessary to enable You to Utilize the
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Contributor Version (or portions thereof), and not to any greater extent that
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may be necessary to Utilize further Modifications or combinations.
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3. DISTRIBUTION OBLIGATIONS
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed by
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the terms of this License, including without limitation Section 2.2. The Source
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Code version of Covered Code may be distributed only under the terms of this
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License or a future version of this License released under Section 6.1, and You
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must include a copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code version
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that alters or restricts the applicable 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 described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License via an accepted
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Electronic Distribution Mechanism to anyone to whom you made an Executable
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version available and to the Initial Developer; and if made available via
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Electronic Distribution Mechanism, must remain available for at least twelve
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(12) months after the date it initially became available, or at least six (6)
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months after a subsequent version of that particular Modification has been made
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available to such recipients. You are responsible for ensuring that the Source
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Code version remains available even if the Electronic Distribution Mechanism is
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maintained by a third party. You are responsible for notifying the Initial
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Developer of the Modification and the location of the Source if a contact means
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is provided. Red Hat will be acting as maintainer of the Source and may provide
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an Electronic Distribution mechanism for the Modification to be made available.
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You can contact Red Hat to make the Modification available and to notify the
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Initial Developer. (http://sourceware.cygnus.com/ecos/)
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3.3. Description of Modifications.
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You must cause all Covered Code to which you contribute to contain a file
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documenting the changes You made to create that Covered Code and the date of
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any change. You must include a prominent statement that the Modification is
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derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If You have knowledge that a party claims an intellectual property right in
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particular functionality or code (or its utilization under this License), you
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must include a text file with the source code distribution titled
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"LEGAL" which describes 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 Your Modification available as described in
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Section 3.2, You shall promptly modify 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) reasonably calculated to inform those who received
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the Covered Code that new knowledge has been obtained.
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(b) Contributor APIs.
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If Your Modification is an application programming interface and You own or
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control patents which are reasonably necessary to implement that API, you must
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also include this information in the LEGAL file.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code, and
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this License in any documentation for the Source Code, where You describe
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recipients' rights relating to Covered Code. If You created one or more
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Modification(s), You may add your name as a Contributor to the Source Code. If
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it is not possible to put such notice in a particular Source Code file due to
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its structure, then you must include such notice in a location (such as a
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relevant directory file) where a user would be likely to look for such a
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notice. You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered Code.
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However, You may do so only on Your own behalf, and not on behalf of the
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Initial Developer or any Contributor. You must make it absolutely clear that
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any such warranty, support, indemnity or liability obligation is offered by You
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alone, and You hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of warranty, support, indemnity or liability terms You
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offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements of
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Section 3.1-3.5 have been met for that Covered Code, and if You include a
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notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where You
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have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the Covered
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Code. You may distribute the Executable version of Covered Code under a license
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of Your choice, which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and that the license
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for the Executable version does not attempt to limit or alter the recipient's
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rights in the Source Code version from the rights set forth in this License. If
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You distribute the Executable version under a different license You must make
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it absolutely clear that any terms which differ from this License are offered
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by You alone, not by the Initial Developer or any Contributor. You hereby agree
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to indemnify the Initial Developer and every Contributor for any liability
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incurred by the Initial Developer or such Contributor as a result of any such
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terms You offer.
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If you distribute executable versions containing Covered Code, you must
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reproduce the notice in Exhibit B in the documentation and/or other materials
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provided with the product.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute or regulation
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then You must: (a) comply with the terms of this License to the maximum extent
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possible; (b) cite the statute or regulation that prohibits you from adhering
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to the license; and (c) describe the limitations and the code they affect. Such
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description must be included in the LEGAL file described in Section 3.4 and
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must be included with all distributions of the Source Code. Except to the
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extent prohibited by statute or regulation, such description must be
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sufficiently detailed for a recipient of ordinary skill to be able to
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understand it. You must submit this LEGAL file to Red Hat for review, and You
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will not be able use the covered code in any means until permission is granted
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from Red Hat to allow for the inability to comply due to statute or regulation.
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5. APPLICATION OF THIS LICENSE
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A, and to related Covered Code.
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Red Hat may include Covered Code in products without such additional products
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becoming subject to the terms of this License, and may license such additional
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products on different terms from those contained in this License.
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Red Hat may license the Source Code of Red Hat Branded Code without Red Hat
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Branded Code becoming subject to the terms of this License, and may license Red
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Hat Branded Code on different terms from those contained in this License.
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Contact Red Hat for details of alternate licensing terms available.
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6. VERSIONS OF THE LICENSE
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6.1. New Versions.
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Red Hat may publish revised and/or new versions of the License from time to
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time. Each version will be given a distinguishing version number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may also
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choose to use such Covered Code under the terms of any subsequent version of
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the License published by Red Hat. No one other than Red Hat has the right to
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modify the terms applicable to Covered Code beyond what is granted under this
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and subsequent Licenses.
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6.3. Derivative Works.
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If you create or use a modified version of this License (which you may only do
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in order to apply it to code which is not already Covered Code governed by this
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License), you must (a) rename Your license so that the phrases
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"ECOS", "eCos", "Red Hat", "RHEPL" or
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any confusingly similar phrase do not appear anywhere in your license and (b)
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otherwise make it clear that your version of the license contains terms which
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differ from the Red Hat eCos Public License. (Filling in the name of the
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Initial Developer, Original Code or Contributor in the notice described in
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Exhibit A shall not of themselves be deemed to be modifications of this
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License.)
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7. DISCLAIMER OF WARRANTY
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
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FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
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CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
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DISCLAIMER.
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8. TERMINATION
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This License and the rights granted hereunder will terminate automatically if
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You fail to comply with terms herein and fail to cure such breach within 30
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days of becoming aware of the breach. All sublicenses to the Covered Code which
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are properly granted shall survive any termination of this License. Provisions
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which, by their nature, must remain in effect beyond the termination of this
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License shall survive.
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9. LIMITATION OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH
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PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 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 POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS
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The Covered Code is a "commercial item," as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" and "commercial computer software documentation," as
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such 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 227.7202-4 (June 1995), all U.S.
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Government End Users acquire Covered Code with only those rights set forth
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herein.
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11. MISCELLANEOUS
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise), excluding
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its conflict-of-law provisions. With respect to disputes in which at least one
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party is a citizen of, or an entity chartered or registered to do business in,
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the United States of America: (a) unless otherwise agreed in writing, all
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disputes relating to this License (excepting any dispute relating to
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intellectual property rights) shall be subject to final and binding
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arbitration, with the losing party paying all costs of arbitration; (b) any
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arbitration relating to this Agreement shall be held in Santa Clara County,
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California, under the auspices of JAMS/EndDispute; and (c) any litigation
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relating to this Agreement shall be subject to the jurisdiction of the Federal
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Courts of the Northern District of California, with venue lying in Santa Clara
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County, California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys fees and expenses. The
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application of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any law or regulation which provides that
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the language of a contract shall be construed against the drafter shall not
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apply to this License.
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12. RESPONSIBILITY FOR CLAIMS
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Except in cases where another Contributor has failed to comply with Section
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3.4, You are responsible for damages arising, directly or indirectly, out of
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Your utilization of rights under this License, based on the number of copies of
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Covered Code you made available, the revenues you received from utilizing such
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rights, and other relevant factors. You agree to work with affected parties to
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distribute responsibility on an equitable basis.
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13. ADDITIONAL TERMS APPLICABLE TO THE RED HAT ECOS PUBLIC LICENSE
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Nothing in this License shall be interpreted to prohibit Red Hat from licensing
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under different terms than this License any code which Red Hat otherwise would
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have a right to license.
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Red Hat and logo - This License does not grant any rights to use the trademark
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Red Hat, the Red Hat logo, eCos logo, even if such marks are included in the
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Original Code. You may contact Red Hat for permission to display the Red Hat
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and eCos marks in either the documentation or the Executable version beyond
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that required in Exhibit B.
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Inability to Comply Due to Contractual Obligation - To the extent that Red Hat
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is limited contractually from making third party code available under this
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License, Red Hat may choose to integrate such third party code into Covered
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Code without being required to distribute such third party code in Source Code
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form, even if such third party code would otherwise be considered
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"Modifications" under this License.
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EXHIBIT A
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"The contents of this file are subject to the Red Hat eCos Public License
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Version 1.1 (the "License"); you may not use this file except in
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compliance with the License. You may obtain a copy of the License at http://
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www.redhat.com/
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
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for the specific language governing rights and limitations under the License.
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The Original Code is eCos - Embedded Configurable Operating System, released
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September 30, 1998. The Initial Developer of the Original Code is Red Hat.
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Portions created by Red Hat are Copyright (C) 1998, 1999, 2000 Red Hat, Inc.
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All Rights Reserved."
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EXHIBIT B
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Part of the software embedded in this product is eCos - Embedded Configurable
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Operating System, a trademark of Red Hat. Portions created by Red Hat are
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Copyright (C) 1998, 1999, 2000 Red Hat, Inc. (http://www.redhat.com/). All
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Rights Reserved.
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THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY RED HAT AND ANY EXPRESS OR
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IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
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EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
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EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
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OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
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INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
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IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
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OF SUCH DAMAGE.
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