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21              contributes to the creation of Modifications.
23 1.2. "Contributor Version" means the combination of the Original
28 Modifications, or (c) the combination of files containing
39 portions thereof with code not governed by the terms of this
45 extent possible, whether at the time of the initial grant or
46 subsequently acquired, any and all of the rights conveyed herein.
48 1.9. "Modifications" means the Source Code and Executable form of
49 any of the following:
52 modification of the contents of a file containing Original
55 B. Any new file that contains any part of the Original Software
59 under the terms of this License.
62 of computer software code that is originally released under
70 1.12. "Source Code" means (a) the common form of computer software
75 exercising rights under, and complying with all of the terms
76 of, this License. For legal entities, "You" includes any
78 control with You. For purposes of this definition, "control"
80 direction or management of such entity, whether by contract
81 or otherwise, or (b) ownership of more than fifty percent
82 (50%) of the outstanding shares or beneficial ownership of
97 with or without Modifications, and/or as part of a Larger
101 selling of Original Software, to make, have made, use,
103 dispose of the Original Software (or portions thereof).
108 third party under the terms of this License.
113 modification of the Original Software, or (ii) the
114 combination of the Original Software with other software or
129 Modifications, as Covered Software and/or as part of a
133 selling of Modifications made by that Contributor either
135 (or portions of such combination), to make, use, sell,
136 offer for sale, have made, and/or otherwise dispose of: (1)
138 thereof); and (2) the combination of Modifications made by
140 of such combination).
150 (i) third party modifications of Contributor Version, or
151 (ii) the combination of Modifications made by that
152 Contributor with other software (except as part of the
154 Claims infringed by Covered Software in the absence of
158 3.1. Availability of Source Code.
163 the terms of this License. You must include a copy of this License
164 with every copy of the Source Code form of the Covered Software You
166 of any such Covered Software in Executable form as to how they can
174 governed by the terms of this License. You represent that You
181 You must include a notice in each of Your Modifications that
182 identifies You as the Contributor of the Modification. You may not
184 contained within the Covered Software, or any notices of licensing
188 3.4. Application of Additional Terms.
191 Source Code form that alters or restricts the applicable version of
194 liability obligations to one or more recipients of Covered
196 on behalf of the Initial Developer or any Contributor. You must
201 as a result of warranty, support, indemnity or liability terms You
204 3.5. Distribution of Executable Versions.
206 You may distribute the Executable form of the Covered Software
207 under the terms of this License or under the terms of a license of
209 provided that You are in compliance with the terms of this License
218 Developer or such Contributor as a result of any such terms You
224 other code not governed by the terms of this License and distribute
226 sure the requirements of this License are fulfilled for the Covered
229 4. Versions of the License.
233 publish revised and/or new versions of this License from time to
238 4.2. Effect of New Versions.
241 Covered Software available under the terms of the version of the
245 otherwise made available under any subsequent version of the
247 available under the terms of the version of the License under which
250 Software available under the terms of any subsequent version of the
257 modified version of this License if You: (a) rename the license and
258 remove any references to the name of the license steward (except to
263 5. DISCLAIMER OF WARRANTY.
266 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
267 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
269 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
272 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
273 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
274 OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
281 cure such breach within 30 days of becoming aware of the
283 beyond the termination of this License shall survive.
295 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
297 at the expiration of such 60 day notice period, unless if within
302 6.3. In the event of termination under Sections 6.1 or 6.2 above,
307 7. LIMITATION OF LIABILITY.
311 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
312 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
314 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
315 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
317 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
318 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
321 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
327 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
334 of, and supersedes, any other FAR, DFAR, or other clause or provision
341 matter hereof. If any provision of this License is held to be
344 law of the jurisdiction specified in a notice contained within the
346 provides otherwise), excluding such jurisdiction's conflict-of-law
348 the jurisdiction of the courts located in the jurisdiction and venue
352 application of the United Nations Convention on Contracts for the
353 International Sale of Goods is expressly excluded. Any law or
354 regulation which provides that the language of a contract shall be
358 and regulation of any other countries) when You use, distribute or
365 of its utilization of rights under this License and You agree to work
368 shall be deemed to constitute any admission of liability.