436 lines
23 KiB
Text
436 lines
23 KiB
Text
OPEN PUBLIC LICENSE
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Version 1.0
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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
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Modifications made by that particular Contributor.
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1.3. "Covered Code" means the Original Code or Modifications or the
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combination of the Original Code and Modifications, in each case
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including portions thereof.
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1.4. "Electronic Distribution Mechanism" means a mechanism
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generally accepted in the software development community for the
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electronic transfer of data.
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1.5. "Executable" means Covered Code in any form other than Source
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Code.
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1.6. "Initial Developer" means the individual or entity identified
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as the Initial Developer in the Source Code notice required by
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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
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License.
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1.8. "License" means this document and the corresponding addendum
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described in section 6.4 below.
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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,
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a Modification is:
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A. Any addition to or deletion from the contents of a file
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containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code
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or previous Modifications.
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1.10. "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A
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as Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License.
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1.11. "Source Code" means the preferred form of the Covered Code
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for making modifications to it, including all modules it contains,
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plus any associated interface definition files, scripts used to
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control compilation and installation of an Executable, or a list of
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source code differential comparisons against either the Original
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Code or another well known, available Covered Code of the
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Contributor's choice. The Source Code can be in a compressed or
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archival form, provided the appropriate decompression or
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de-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
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future version of this License issued under Section 6.1. For legal
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entities, "You'' includes any entity which controls, is controlled
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by, or is under common control with You. For purposes of this
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definition, "control'' means (a) the power, direct or indirect, to
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cause the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of fifty percent (50%) or
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more of the outstanding shares or beneficial ownership of such
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entity.
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1.13 "License Author" means Lutris Technologies, Inc.
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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 worldwide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) under intellectual property rights (other than patent or
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trademark) to use, reproduce, modify, display, perform,
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sublicense and distribute the Original Code (or portions
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thereof) with or without Modifications, 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
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Initial Developer, to make, have made, use and sell (``offer
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to sell and import'') the Original Code (or portions
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thereof), but solely to the extent that any such patent is
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reasonably necessary to enable You to Utilize the Original
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Code (or portions thereof) and not to any greater extent
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that may be necessary to Utilize further Modifications or
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combinations.
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2.2. Contributor Grant.
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Each Contributor hereby grants You a worldwide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) under intellectual property rights (other than patent or
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trademark) to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such
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Contributor (or portions thereof) either on an unmodified
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basis, with other Modifications, as Covered Code 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
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Contributor, to to make, have made, use and sell (``offer to
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sell and import'') the Contributor Version (or portions
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thereof), but solely to the extent that any such patent is
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reasonably necessary to enable You to Utilize the
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Contributor Version (or portions thereof), and not to any
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greater extent that may be necessary to Utilize further
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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
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governed by the terms of this License, including without limitation
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Section 2.2. The Source Code version of Covered Code may be
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distributed only under the terms of this License or a future
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version of this License released under Section 6.1, and You must
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include a copy of this License with every copy of the Source Code
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You distribute. You may not offer or impose any terms on any Source
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Code version that alters or restricts the applicable version of
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this License or the recipients' rights hereunder. However, You may
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include an additional document offering the additional rights
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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
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be made available, prior to any use, except for internal
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development and practice, in Source Code form under the terms of
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this License either on the same media as an Executable version or
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via an accepted Electronic Distribution Mechanism to anyone to whom
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you made an Executable version available; and if made available via
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Electronic Distribution Mechanism, 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 of
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that particular Modification has been made available to such
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recipients. You shall notify the Initial Developer of the
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Modification and the location of the Source Code via the contact
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means provided for in the Developer Specific license. Initial
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Developer will be acting as maintainer of the Source Code and may
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provide an Electronic Distribution mechanism for the Modification
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to be made available.
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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
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a file documenting the changes You made to create that Covered Code
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and the date of any change. You must include a prominent statement
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that the Modification is derived, directly or indirectly, from
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Original Code provided by the Initial Developer and including the
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name of the Initial Developer in (a) the Source Code, and (b) in
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any notice in an Executable version or related documentation in
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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
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property right in particular functionality or code (or its
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utilization under this License), you must include a text
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file with the source code distribution titled "LEGAL" which
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describes the claim and the party making the claim in
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sufficient detail that a recipient will know whom to
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contact. If you obtain such knowledge after You make Your
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Modification available as described in Section 3.2, You
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shall promptly modify the LEGAL file in all copies You make
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available thereafter and shall take other steps (such as
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notifying appropriate mailing lists or newsgroups)
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reasonably calculated to inform those who received the
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Covered Code that new knowledge has been obtained.
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(b) Representations.
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Contributor represents that, except as disclosed pursuant to
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Section 3.4(a) above, Contributor believes that
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Contributor's Modifications are Contributor's original
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creation(s) and/or Contributor has sufficient rights to
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grant the rights conveyed by this License.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the
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Source Code, and this License in any documentation for the Source
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Code, where You describe recipients' rights relating to Covered
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Code. If You created one or more Modification(s), You may add your
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name as a Contributor to the notice described in Exhibit A. If it
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is not possible to put such notice in a particular Source Code file
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due to its structure, then you must include such notice in a
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location (such as a relevant directory file) where a user would be
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likely to look for such a notice. You may choose to offer, and to
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charge a fee for, warranty, support, indemnity or liability
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obligations to one or more recipients of Covered Code. However, You
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may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear
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that any such warranty, support, indemnity or liability obligation
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is offered by You alone, and You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred
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by the Initial Developer or such Contributor as a result of
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warranty, support, indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the
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requirements of Section 3.1-3.5 have been met for that Covered
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Code, and if You include a notice stating that the Source Code
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version of the Covered Code 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 3.2. The notice must be
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conspicuously included in any notice in an Executable version,
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related documentation or collateral in which You describe
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recipients' rights relating to the Covered Code. You may distribute
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the Executable version of Covered Code under a license of Your
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choice, which may contain terms different from this License,
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provided that You are in compliance with the terms of this License
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and that the license for the Executable version does not attempt to
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limit or alter the recipient's rights in the Source Code version
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from the rights set forth in this License. If You distribute the
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Executable version under a different license You must make it
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absolutely clear that any terms which differ from this License are
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offered by You alone, not by the Initial Developer or any
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Contributor. You hereby agree to indemnify the Initial Developer
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and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You
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offer. If you distribute executable versions containing Covered
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Code, you must reproduce the notice in Exhibit B in the
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documentation and/or other materials 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
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code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure
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the requirements of this License are fulfilled for the Covered
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Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Code due to
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statute or regulation then You must: (a) comply with the terms of
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this License to the maximum extent possible; and (b) Cite all of
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the statutes or regulations that prohibit you from complying fully
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with this license. (c) describe the limitations and the code they
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affect. Such description must be included in the LEGAL file
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described in Section 3.4 and must be included with all
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distributions of the Source Code. Except to the extent prohibited
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by statute or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to understand
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it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has
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attached the notice in Exhibit A, and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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License Author may publish revised and/or new versions of the
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License from time to time. Each version will be given a
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distinguishing version number and shall be submitted to
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opensource.org for certification.
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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
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the License, You may always continue to use it under the terms of
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that version. You may also choose to use such Covered Code under
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the terms of any subsequent version of the License published by
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Initial Developer. No one other than Initial Developer has the
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right to modify the terms applicable to Covered Code created under
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this License.
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6.3. Derivative Works.
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If you create or use a modified version of this License, except in
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association with the required Developer Specific License described
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in section 6.4, (which you may only do in order to apply it to code
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which is not already Covered Code governed by this License), you
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must (a) rename Your license so that the phrases ``Open'',
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``OpenPL'', ``OPL'' or any confusingly similar phrase do not appear
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anywhere in your license and (b) otherwise make it clear that your
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version of the license contains terms which differ from the Open
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Public License. (Filling in the name of the Initial Developer,
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Original Code or Contributor in the notice described in Exhibit A
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shall not of themselves be deemed to be modifications of this
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License.)
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6.4. Required Additional Developer Specific License
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This license is a union of the following two parts that should be
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found as text files in the same place (directory), in the order of
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preeminence:
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[1] A Developer specific license.
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[2] The contents of this file OPL_1_0.TXT, stating the general
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licensing policy of the software.
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In case of conflicting dispositions in the parts of this license,
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the terms of the lower-numbered part will always be superseded by
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the terms of the higher numbered part.
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
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THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
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OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
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EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1 Termination upon Breach
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This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code, which are properly granted, shall
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survive any termination of this License. Provisions that, by their
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nature, must remain in effect beyond the termination of this License
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shall survive.
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8.2. Termination Upon Litigation. If You initiate litigation by
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asserting a patent infringement claim (excluding declatory judgment
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actions) against Initial Developer or a Contributor (the Initial
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Developer or Contributor against whom You file such action is referred
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to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or
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indirectly infringes any patent, then any and all rights
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granted by such Participant to You under Sections 2.1 and/or
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2.2 of this License shall, upon 60 days notice from Participant
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terminate prospectively, unless if within 60 days after receipt
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of notice You either: (i) agree in writing to pay Participant a
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mutually agreeable reasonable royalty for Your past and future
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use of Modifications made by such Participant, or (ii) withdraw
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Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a
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reasonable royalty and payment arrangement are not mutually
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agreed upon in writing by the parties or the litigation claim
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is not withdrawn, the rights granted by Participant to You
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under Sections 2.1 and/or 2.2 automatically terminate at the
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expiration of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such
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Participant's Contributor Version, directly or indirectly
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infringes any patent, then any rights granted to You by such
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Participant under Sections 2.1(b) and 2.2(b) are revoked
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effective as of the date You first made, used, sold,
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distributed, or had made, Modifications made by that
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Participant.
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8.3. If You assert a patent infringement claim against Participant
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alleging that such Participant's Contributor Version directly or
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indirectly infringes any patent where such claim is resolved (such as
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by license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses
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granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or
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license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all
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end user license agreements (excluding distributors and resellers)
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which have been validly granted by You or any distributor hereunder
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prior to termination shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
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GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND
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ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ``commercial item,'' as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer
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software'' and ``commercial computer software documentation,'' as such
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terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
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C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
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all U.S. Government End Users acquire Covered Code with only those
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rights set forth herein.
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11. MISCELLANEOUS.
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This section was intentionally left blank. The contents of this
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section are found in the corresponding addendum described above.
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12. RESPONSIBILITY FOR CLAIMS.
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Except in cases where another Contributor has failed to comply with
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Section 3.4, You are responsible for damages arising, directly or
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indirectly, out of Your utilization of rights under this License,
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based on the number of copies of Covered Code you made available, the
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revenues you received from utilizing such rights, and other relevant
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factors. You agree to work with affected parties to distribute with
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Initial Developer responsibility on an equitable basis.
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EXHIBIT A.
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Text for this Exhibit A is found in the corresponding addendum,
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described in section 6.4 above, text file provided by the Initial
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Developer. This license is not valid or complete with out that
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file.
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EXHIBIT B.
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Text for this Exhibit B is found in the corresponding addendum,
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described in section 6.4 above, text file provided by the Initial
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Developer. This license is not valid or complete with out that
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file.
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