The Covered Code is a "commercial item," as
that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer
software" and "commercial computer software
documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered
Code with only those
rights set forth herein.
This License represents the complete
agreement concerning subject
matter hereof. If any provision of this License is
held to be
unenforceable, such provision shall be
reformed only to the extent
necessary to make it enforceable. This License
shall be governed by
California law provisions (except to the extent
applicable law, if
any, provides otherwise), excluding its conflict-
of-law provisions.
With respect to disputes in which at least one
party is a citizen of,
or an entity chartered or registered to do
business in the United
States of America, any litigation relating to this
License shall be
subject to the jurisdiction of the Federal Courts
of the Northern
District of California, with venue lying in Santa
Clara County,
California, with the losing party responsible for
costs, including
without limitation, court costs and reasonable
attorneys' fees and
expenses. The application of the United Nations
Convention on
Contracts for the International Sale of Goods is
expressly excluded.
Any law or regulation which provides that the
language of a contract
shall be construed against the drafter shall not
apply to this
License.
As between Initial Developer and the
Contributors, each party is
responsible for claims and damages arising,
directly or indirectly,
out of its utilization of rights under this License
and You agree to
work with Initial Developer and Contributors to
distribute such
responsibility on an equitable basis. Nothing
herein is intended or
shall be deemed to constitute any admission of
liability.
Initial Developer may designate portions of the
Covered Code as
"Multiple-Licensed". "Multiple-Licensed"
means that the Initial
Developer permits you to utilize portions of the
Covered Code under
Your choice of the NPL or the alternative
licenses, if any, specified
by the Initial Developer in the file described in
Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the
Mozilla Public License
Version 1.1 (the "License"); you may not use this
file except in
compliance with the License. You may obtain a
copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is
distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND,
either express or implied. See the
License for the specific language governing
rights and limitations
123
