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62
APPENDIX
10. U.S. 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 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.
12. RESPONSIBILITY FOR CLAIMS.
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.
13. MULTIPLE-LICENSED CODE.
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 under the terms of the [____]
license and not to allow others to use
your version of this file under the MPL,
indicate your decision by deleting the
provisions above and replace them with
the notice and other provisions required
by the [___] license. If you do not delete
the provisions above, a recipient may use
your version of this file under either the
MPL or the [___] license.
NOTE: The text of this exhibit A may
differ slightly from the text of the notices
in the source code files of the original
code. You should use the text of this
exhibit A rather than the text found in
the original code/source code for Your
modifications.
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