IXIA SOFTWARE END USER LICENSE AGREEMENT
This IXIA SOFTWARE END USER LICENSE AGREEMENT (this "Agreement") is a legal agreement between you and Ixia for IxChariot “Endpoint” software (the "SOFTWARE"). By clicking the "I Accept" or similar box or button, installing the SOFTWARE, having the SOFTWARE installed, or activating the SOFTWARE with any associated license key, as applicable, you are binding yourself and, if applicable, the business entity that you represent (you and, if applicable, such entity, “Licensee”) to the terms and conditions of this Agreement. If Licensee does not agree to be bound by the terms of this Agreement, Licensee may not use, install, or activate the SOFTWARE in any way and must delete all copies of the SOFTWARE from its computer systems.
1.
(a) License
(b) Updates. If Ixia provides Licensee with any revised, modified or replacement SOFTWARE, or additional or supplemental SOFTWARE, or any updates, releases, error correction, or bug fixes related to the SOFTWARE, the same shall become part of the "SOFTWARE" licensed hereunder when delivered to Licensee and shall be subject to all of the terms and conditions contained herein. With respect to any technical information Licensee provides to Ixia or its licensee in connection with the license granted to Licensee hereunder, Ixia and its distributors may use such information for any purpose without restriction, including, without limitation, for product support and development.
2. TITLE; NO
(a) Ownership. Licensee acknowledges and agrees that Ixia and/or its affiliates, licensors and/or suppliers (as applicable) own all right, title and interest in and to the SOFTWARE (including, without limitation, any copies, extracts or associated media thereof and any images, applets, photographs, animations, video, audio and/or text incorporated into the SOFTWARE), as well as all patents, trademarks, trade names, inventions, copyrights, know-how and trade secrets, and any related applications or extensions, relating to the design, manufacture, operation or service of the SOFTWARE.
(b) Copyright. Without limitation of Ixia’s other rights, Licensee acknowledges and agrees that the SOFTWARE is protected by copyright laws and international treaty provisions.
(c) Licensed Not Sold. Licensee acknowledges and agrees that the SOFTWARE has been licensed to Licensee pursuant to the terms and conditions of this Agreement and that the SOFTWARE has not been sold to Licensee.
(d) Third-Party Code. (i) Notwithstanding anything to the contrary in this Agreement, certain components of the SOFTWARE are licensed subject to the Mozilla Public License Version 1.0, a copy of which is attached as Exhibit A (the "Mozilla License"). Licensee may not use these components except in compliance with the Mozilla License. In addition, Licensee may have additional rights with respect to such components under the Mozilla License, including, without limitation, the right to obtain the source code for such components from Ixia. Licensee may obtain a copy of such source code by contacting Ixia through the contact information given on at the following URL: http://www.ixiacom.com/support/. Ixia will provide such source code in accordance with the Mozilla License.
(ii) Notwithstanding anything to the contrary in this Agreement, the SOFTWARE includes software developed by Trimble Navigation, Ltd. (“Trimble Software”). Copyright (c) 1997, 1998, 1999, 2000 Trimble Navigation Ltd. All rights reserved. Redistribution and use of the Trimble Software in source and binary forms, with or without modification, are permitted provided that the following conditions are met: (1) redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer; (2) redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution; (3) all advertising materials mentioning features or use of the Trimble Software must display the following acknowledgement: “This product includes software developed by Trimble Navigation, Ltd.”; and (4) the name of Trimble Navigation Ltd. may not be used to endorse or promote products derived from this software without specific prior written permission. THE TRIMBLE SOFTWARE IS PROVIDED BY TRIMBLE NAVIGATION LTD. ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL TRIMBLE NAVIGATION LTD. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3. RESTRICTIONS AND LIMITATIONS
(a) General Restrictions. Licensee shall not use, copy, merge or transfer copies of the SOFTWARE or the Documentation except as may be expressly and specifically authorized in this Agreement. Licensee may not, under any circumstances, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SOFTWARE. Licensee may not, and agrees that it will not, transfer, assign, rent, lease, lend, resell or in any way distribute or transfer any rights in this Agreement or the SOFTWARE to third parties, including (without limitation) by operation of law, without Ixia's prior written approval and subject to written agreement by the recipient to the terms of this Agreement.
(b) Export Restrictions; Compliance with Laws. Licensee agrees that Licensee will not, directly or indirectly, export or transmit the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S. or Canadian regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce or such other governmental entity as may have jurisdiction over such export or transmission. Licensee agrees to comply with and conform to all applicable laws, regulations, ordinances and executive orders relating to Licensee's use of the SOFTWARE.
4. USE AUDIT
Ixia shall have the right, upon reasonable notice, to conduct or direct (or both) an independent accounting firm to conduct, during normal business hours on Licensee's premises under Licensee's supervision, an audit to verify Licensee’s compliance with the terms and conditions of this Agreement.
5. TERM AND TERMINATION
(a) General. This Agreement and the license(s) granted herein will remain effective until terminated. Licensee may terminate this Agreement and the license(s) granted herein by ceasing use of the SOFTWARE and any related Documentation. The license(s) granted to Licensee under this Agreement will also automatically terminate if Licensee fails to comply with any term or condition of this Agreement.
(b) Licensee Obligations Upon Termination or Expiration. Licensee agrees, upon any termination or expiration of this Agreement, to cease use of and to destroy or return to Ixia, all copies of the SOFTWARE and any related Documentation.
6. DISCLAIMER; LIMITATION OF LIABILITY
(a) DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", AND IXIA AND ITS SUPPLIERS, LICENSORS AND DISTRIBUTORS DO NOT MAKE AND SPECIFICALLY DISCLAIM, ALL EXPRESS AND IMPLIED WARRANTIES OF EVERY KIND RELATING TO THE SOFTWARE AND/OR USE OF THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, ACTUAL AND IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), AS WELL AS ANY WARRANTIES THAT THE SOFTWARE (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IXIA, ITS SUPPLIERS, LICENSORS OR DISTRIBUTORS BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR OR IN CONNECTION WITH LICENSEE'S ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF THE SOFTWARE, OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF IXIA OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IXIA'S AND ITS DISTRIBUTORS’ AGGREGATE SOLE LIABILITY FOR ANY DAMAGES TO LICENSEE OR ANY OTHER PERSON OR ENTITY SHALL NOT EXCEED THE PRICE ACTUALLY PAID FOR: (i) THE GOOD IN WHICH THE SOFTWARE IS USED OR (II) THE RECEIPT OF THE LAST 12 MONTHS OF THE SERVICE FOR WHICH THE SOFTWARE IS USED, (SUCH GOOD OR SERVICE, A “PRODUCT”), REGARDLESS OF THE TYPE OF PRODUCT, REGARDLESS OF ANY FORM OF THE CLAIM.
(c) ADDITIONAL STATEMENTS. ADDITIONAL STATEMENTS BY AGENTS, LICENSEES, EMPLOYEES, RESELLERS OR DISTRIBUTORS OF IXIA DO NOT CONSTITUTE WARRANTIES BY IXIA, DO NOT BIND IXIA, AND MAY NOT BE RELIED UPON.
(d) Responsibilities of Licensee. As a licensee of the SOFTWARE, Licensee is solely responsible for the proper installation and operation of the SOFTWARE in accordance with the instructions and specifications set forth in the Documentation. Ixia and its distributors shall have no responsibility or liability to Licensee for improper installation or operation of the SOFTWARE.
(e) FAILURE OF ESSENTIAL PURPOSE. THE TERMS OF THIS SECTION 6 WILL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE.
(f) STATE LAW RIGHTS. LICENSEE MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO LICENSEE DEPENDING ON ITS STATE OF
7. INDEMNITY
Licensee hereby agrees to indemnify, protect, defend and hold Ixia and its distributors harmless from and against any and all claims, losses and damages, including without limitation, reasonable attorneys' and experts' fees and disbursements, (a) which may at any time be asserted against Ixia or its distributors by any party for Licensee's failure to perform any of the covenants, agreements, terms, provisions or conditions contained in this Agreement, (b) by any party by reason of Licensee's use or misuse of the Product, or (c) resulting from any failure by Licensee to comply with any term, condition or restriction in this Agreement.
8. NON-DISCLOSURE
Licensee shall take all reasonable steps necessary to ensure that the SOFTWARE, and any related Ixia information, or any portion thereof, is not made available or disclosed by Licensee (or by any of its employees, representatives or agents) to any person other than as may be necessary to Licensee's employees, representatives and agents to use the same as expressly permitted herein. Licensee agrees that all of its employees, representatives and agents having access to the SOFTWARE shall observe and perform the terms of this Section.
9. GOVERNMENT RESTRICTED RIGHTS
(a) Commercial Software. The SOFTWARE and its accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation", respectively, for purposes of Federal Acquisition Regulations ("FAR") 12.212 and the Defense FAR Supplement ("DFARS") 227.7202-1, 227.7202-3, and 227.7202-4, and the restrictions set forth in such regulations, and this Agreement shall be deemed to be the license described in such regulations. Any use, modification, reproduction, release, performance, display or disclosure of the SOFTWARE or its accompanying Documentation by any agency, department or entity of the United States Government (the "Government") shall be governed solely by the terms of this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement. The SOFTWARE and its accompanying Documentation are also deemed to be "restricted computer software" for purposes of FAR 52.227-14(g)(3) (Alternate III (June 1987)) and FAR 52.227-19, which clauses are incorporated herein by reference subject to the express restrictions and prohibitions set forth above.
(b) Certain Technical Data. Any technical data provided that is not covered by the above provisions is deemed to be "technical information related to commercial computer software or commercial computer software documentation" for purposes of FAR 12.212 and the restrictions set forth therein, and is deemed to be "technical data or information related or pertaining to commercial items or processes" developed at private expense for purposes of DFARS 227.7102-1 and 227.7102-2 and the restrictions set forth therein, and this Agreement shall be deemed to be the license described in such regulations. Any use, modification, reproduction, release, performance, display or disclosure of such technical data by the Government shall be governed solely by the terms of this Agreement and is prohibited except to the extent expressly permitted by the terms of this Agreement. Such technical data is also deemed to be "limited rights data" as defined in FAR 52.227-14(a) (Alternate I (June 1987)) and for purposes of FAR 52.227-14(g)(2) (Alternate II (June 1987)), which clauses are incorporated herein by reference subject to the express restrictions and prohibitions set forth above. Such technical data shall also be deemed to be "technical data" for purposes of DFARS 252.227-7015, which clause is incorporated herein by reference subject to the express restrictions and prohibitions set forth above.
(c) Third-Party Acceptance of Restrictions. Licensee shall not provide the SOFTWARE, its accompanying Documentation or the technical data to any party, including the Government, unless such third party accepts the same restrictions as are set forth in this Section 9. Licensee is responsible for ensuring that the proper notice is given to all such third parties and that the SOFTWARE, its accompanying Documentation and the technical data are properly marked with the required legends. Nothing in this Section 9(c) shall be deemed to modify the restrictions on transfer set forth elsewhere in this Agreement.
10. GOVERNING LAW
This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws of the State of
11. MISCELLANEOUS
This Agreement sets forth the entire agreement between Ixia and Licensee with respect to the SOFTWARE and Licensee's use thereof. No provision of this Agreement may be waived, modified or superseded except by a written instrument signed by each of Ixia and Licensee. Ixia may provide translations of this Agreement to its users as a convenience. However, this Agreement was drafted in English and the parties agree that the English-language version of this Agreement governs in the event of any conflict or inconsistency between the English-language version and any translations thereof. Les parties aux présentes ont exigé que la présente entente soit rédigée en langue anglaise et conviennent que la version anglaise prévaudra en cas de conflit ou d’incohérence entre les versions anglaise et ses traductions. Any suppliers, licensors and distributors of Ixia shall be direct and intended third-party beneficiaries of this Agreement, including without limitation the disclaimers of warranties and limitations on liability set forth herein. No failure or delay in exercising any right or remedy shall operate as a waiver of any such (or any other) right or remedy. The language of this Agreement shall be construed as a whole, according to its fair meaning and intent, and not strictly for or against either party, regardless of who drafted or was principally responsible for drafting this Agreement or any specific term or conditions hereof. This Agreement shall bind and inure to the benefit of the parties and their successors and permitted assigns. Both parties are acting as independent contractors with respect to the activities hereunder. In the event of any legal proceeding between the parties arising out of or related to this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded or granted, its costs and expenses (including reasonable attorneys' and expert witness' fees) incurred in any such proceeding. If any provision in this Agreement is invalid or unenforceable, such provision shall be construed, limited or altered, as necessary, to eliminate the invalidity or unenforceability and all other provisions of this Agreement shall remain in effect.
EXHIBIT A
MOZILLA PUBLIC LICENSE v. 1.0
MOZILLA PUBLIC LICENSE
Version 1.0
1. Definitions.
1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications.
1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ``Executable'' means Covered Code in any form other than Source Code.
1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (``Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. GOVERNMENT END USERS.
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.
11. MISCELLANEOUS.
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
12. RESPONSIBILITY FOR CLAIMS.
Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
EXHIBIT A.
``The contents of this file are subject to the Mozilla Public License Version 1.0 (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): ______________________________________.''
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