use of Modifications made by such Participant, or (ii)
withdraw Your litigation claim with respect to the
Contributor Version against such Participant. If within
60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing
by the parties or the litigation claim is not withdrawn,
the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified
above.
(b) any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly
infringes any patent, then any rights granted to You
by such Participant under Sections 2.1(b) and 2.2(b)
are revoked effective as of the date You first made,
used, sold, distributed, or had made, Modifications
made by that Participant.
UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS LIMITATION OF LIABILITY SHALL
NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT APPLY TO YOU.
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
under the License.
The Original Code is
______________________________________.
The Initial Developer of the Original Code is
________________________.
Portions created by ______________________ are
Copyright (C) _____________________________.
All Rights Reserved.
Contributor(s):
______________________________________.
Alternatively, the contents of this file may be used
under the terms of the _____ license (the "[___]
License"), in which case the provisions of [______]
License are applicable instead of those above. If you
wish to allow use of your version of this file only
110
