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    							APPENDIX
    131
    END OF TERMS AND CONDITIONS
    How to apply these terms to your new programs
    If you develop a new program, and you want it to be of the great-
    est possible use to the public, the best way to achieve this is to
    make it free software which everyone can redistribute and change
    under these terms.
    To do so, attach the following notices to the program.  It is safest
    to attach them to the start of each source file to most effective-
    ly convey the exclusion of warranty; and each file should have at
    least the "copyright" line and a pointer to where the full notice is
    found.
    one  line  to  give  the  program's  name  and  a  brief  idea  of  what  it
    does.
    Copyright (C)   
    This  program  is  free  software;  you  can  redistribute  it  and/or
    modify it under the terms of the GNU General Public License as
    published  by  the  Free  Software  Foundation;  either  version  2  of
    the license, or (at your option) any later version. 
    This program is distributed in the hope that it will be useful, but
    WITHOUT  ANY  WARRANTY;  without  even  the  implied  warranty
    of  MERCHANTABILITY  or  FITNESS  FOR  A  PARTICULAR  PUR-
    POSE.  See the GNU General Public License for more details.
    You  should  have  received  a  copy  of  the  GNU  General  Public
    License along with this program; if not, write to the Free Software
    Foundation,  Inc.,  51  Franklin  Street,  Fifth  Floor,  Boston,  MA
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    If  the  program  is  interactive,  make  it  output  a  short  notice  like
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    Gnomovision  version  69,  Copyright  (C)  year  name  of  author
    Gnomovision  comes  with  ABSOLUTELY  NO  WARRANTY;  for
    details type ‘show w’. This is free software, and you are welcome
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    The  hypothetical  commands  ‘show  w’  and  ‘show  c’  should  show
    the  appropriate  parts  of  the  General  Public  License.  Of  course,
    the  commands  you  use  may  be  called  something  other  than
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    You should also get your employer (if you work as a programmer)
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    Yoyodyne, Inc., hereby disclaims all copyright interest in the pro-
    gram ‘Gnomovision’ (which makes passes at compilers) written by
    James Hacker.
    signature of Ty Coon, 1 April 1989
    Ty Coon, President of Vice
    This  General  Public  License  does  not  permit  incorporating  your
    program into proprietary programs. If your program is a subrou-
    tine library, you may consider it more useful to permit linking pro-
    prietary  applications  with  the  library.  If  this  is  what  you  want  to
    do,  use  the  GNU  Lesser  General  Public  License  instead  of  this
    license.  
    						
    							APPENDIX
    132
    APPENDIX
    Copyright  (C)  1991,  1999  Free  Software  Foundation,  Inc.    51
    Franklin  Street,  Fifth  Floor,  Boston,  MA    02110-1301    USA
    Everyone is permitted to copy and distribute verbatim copies  of
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    [This  is  the  first  released  version  of  the  Lesser  GPL.    It  also
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    Version 2.1, February 1999  
    						
    							APPENDIX
    133
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    							APPENDIX
    134
    APPENDIX
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    							APPENDIX
    135
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    This  section  is  intended  to  make  thoroughly  clear  what  is
    believed to be a consequence of the rest of this license.
    12. If the distribution and/or use of the library is restricted in cer-
    tain  countries  either  by  patents  or  by  copyrighted  interfaces,
    the original copyright holder who places the library under this
    license may add an explicit geographical distribution limitation
    excluding  those  countries,  so  that  distribution  is  permitted
    only  in  or  among  countries  not  thus  excluded.  In  such  case,
    this license incorporates the limitation as if written in the body
    of this license.
    13. The  Free  Software  Foundation  may  publish  revised  and/or
    new versions of the Lesser General Public License from time to
    time. Such new versions will be similar in spirit to the present
    version,  but  may  differ  in  detail  to  address  new  problems  or
    concerns.
    Each  version  is  given  a  distinguishing  version  number.    If  the
    library specifies a version number of this license which applies
    to it and “any later version”, you have the option of following
    the terms and conditions either of that version or of any later
    version published by the Free Software Foundation.  
    						
    							APPENDIX
    136
    APPENDIX
    If  the  library  does  not  specify  a  license  version  number,  you
    may  choose  any  version  ever  published  by  the  Free  Software
    Foundation.
    14. If you wish to incorporate parts  of  the  library into other  free
    programs whose distribution conditions are incompatible with
    these, write to the author to ask for permission.  For software
    which  is  copyrighted  by  the  Free  Software  Foundation,  write
    to  the  Free  Software  Foundation;  we  sometimes  make  excep-
    tions for this.  Our decision will be guided by the two goals of
    preserving the free status of all derivatives of our free software
    and of promoting the sharing and reuse of software generally.
    NO WARRANTY
    15. BECAUSE  THE  LIBRARY  IS  LICENSED  FREE  OF  CHARGE,
    THERE  IS  NO  WARRANTY  FOR  THE  LIBRARY,  TO  THE
    EXTENT  PERMITTED  BY  APPLICABLE  LAW.  EXCEPT  WHEN
    OTHERWISE STATED IN WRITING THE COPYRIGHT HOLD-
    ERS  AND/OR  OTHER  PARTIES  PROVIDE  THE  LIBRARY  "AS
    IS"  WITHOUT  WARRANTY  OF  ANY  KIND,  EITHER
    EXPRESSED  OR  IMPLIED,  INCLUDING,  BUT  NOT  LIMITED
    TO,  THE  IMPLIED  WARRANTIES  OF  MERCHANTABILITY
    AND  FITNESS  FOR  A  PARTICULAR  PURPOSE.    THE  ENTIRE
    RISK  AS  TO  THE  QUALITY  AND  PERFORMANCE  OF  THE
    LIBRARY  IS  WITH  YOU.    SHOULD  THE  LIBRARY  PROVE
    DEFECTIVE,  YOU  ASSUME  THE  COST  OF  ALL  NECESSARY
    SERVICING, REPAIR OR CORRECTION.
    16. IN  NO  EVENT  UNLESS  REQUIRED  BY  APPLICABLE  LAW  OR
    AGREED  TO  IN  WRITING  WILL  ANY  COPYRIGHT  HOLDER,
    OR  ANY  OTHER  PARTY  WHO  MAY  MODIFY  AND/OR
    REDISTRIBUTE  THE  LIBRARY  AS  PERMITTED  ABOVE,  BE
    LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
    SPECIAL,  INCIDENTAL  OR  CONSEQUENTIAL  DAMAGES
    ARISING  OUT  OF  THE  USE  OR  INABILITY  TO  USE  THE
    LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA
    OR DATA BEING RENDERED INACCURATE OR LOSSES SUS-
    TAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
    LIBRARY  TO  OPERATE  WITH  ANY  OTHER  SOFTWARE),
    EVEN  IF  SUCH  HOLDER  OR  OTHER  PARTY  HAS  BEEN
    ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    END OF TERMS AND CONDITIONS
    How to apply these terms to your new libraries
    If you develop a new library, and you want it to be of the great-
    est possible use to the public, we recommend making it free soft-
    ware  that  everyone  can  redistribute  and  change.  You  can  do  so
    by  permitting  redistribution  under  these  terms  (or,  alternatively,
    under the terms of the ordinary General Public License).To apply these terms, attach the following notices to the library.
    It is safest to attach them to the start of each source file to most
    effectively convey the exclusion of warranty; and each file should
    have at least the “copyright” line and a pointer to where the full
    notice is found.
    one line to give the library's name and a brief idea of what it does.
    Copyright (C)   
    This library is free software; you can redistribute it and/or modify
    it  under  the  terms  of  the  GNU  Lesser  General  Public  License  as
    published by the Free Software Foundation; either version 2.1 of
    the license, or (at your option) any later version.
    This  library  is  distributed  in  the  hope  that  it  will  be  useful,  but
    WITHOUT  ANY  WARRANTY;  without  even  the  implied  warranty
    of  MERCHANTABILITY  or  FITNESS  FOR  A  PARTICULAR  PUR-
    POSE.  See  the  GNU  Lesser  General  Public  License  for  more
    details.
    You  should  have  received  a  copy  of  the  GNU  Lesser  General
    Public  License  along  with  this  library;  if  not,  write  to  the  Free
    Software Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston,
    MA  02110-1301  USA 
    Also  add  information  on  how  to  contact  you  by  electronic  and
    paper mail.
    You should also get your employer (if you work as a programmer)
    or  your  school,  if  any,  to  sign  a  “copyright  disclaimer”  for  the
    library, if necessary. Here is a sample; alter the names:
    Yoyodyne,  Inc.,  hereby  disclaims  all  copyright  interest  in  the
    library  ‘Frob’  (a  library  for  tweaking  knobs)  written  by  James
    Random Hacker.
    signature of Ty Coon, 1 April 1990
    Ty Coon, President of Vice  
    						
    							APPENDIX
    137
    1.Definitions.
    1.0.1. “Commercial use” means distribution or otherwise making
    the covered code available to a third party.
    1.1. “Contributor”  means  each  entity  that  creates  or  con-
    tributes to the creation of modifications.
    1.2. “Contributor version” means the combination of the orig-
    inal  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 communi-
    ty 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.
    1.8.1. “Licensable” means having the right to grant, to the maxi-
    mum  extent  possible,  whether  at  the  time  of  the  initial
    grant  or  subsequently  acquired,  any  and  all  of  the  rights
    conveyed herein.
    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  softwarecode  which  is  described  in  the  source  code  notice
    required by exhibit as original code, and which, at the time
    of  its  release  under  this  license  is  not  already  covered
    code governed by this license.
    1.10.1.“Patent claims” means any patent claim(s), now owned or
    hereafter  acquired,  including  without  limitation,  method,
    process, and apparatus claims, in any patent licensable by
    grantor.
    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  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, pro-
    vided the appropriate decompression or de-archiving soft-
    ware is widely available for no charge.
    1.12. “You”  (or  “Your”)  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) own-
    ership  of  more  than  fifty percent (50%) of the outstand-
    ing shares or beneficial ownership of such entity.
    2. Source Code License.
    2.1. The initial developer grant.
    The initial developer hereby grants You a world-wide, roy-
    alty-free, non-exclusive license, subject to third party intel-
    lectual property claims:
    a) under intellectual property rights (other than patent or
    trademark) licensable by initial developer to use, repro-
    duce,  modify,  display,  perform,  sublicense  and  distrib-
    ute the original code (or portions thereof) with or with-
    out modifications, and/or as part of a larger work; and
    (b) under patents claims infringed by the making, using or
    selling of original code, to make, have made, use, prac-
    tice, sell, and offer for sale, and/or otherwise dispose
    of the original code (or portions there of).
    MOZILLA PUBLIC LICENSE
    Version 1.1
    ---------------  
    						
    							APPENDIX
    138
    APPENDIX
    (c) the licenses granted in this section 2.1(a) and (b) are
    effective  on  the  date  Initial  developer  first  distributes
    original code under the terms of this license.
    (d) Notwithstanding  section  2.1(b)  above,  no  patent
    license is granted: 1) for code that You delete from the
    original  Code;  2)  separate  from  the  original  code;    or
    3) for infringements caused by: i) the modification of
    the original code or ii) the combination of the original
    code with other software or devices.
    2.2. Contributor Grant.
    Subject  to  third  party  intellectual  property  claims,  each
    contributor  hereby  grants  You  a  world-wide,  royalty-free,
    non-exclusive license
    (a) under  intellectual  property  rights  (other  than  patent
    or  trademark)  licensable  by  contributor,  to  use,
    reproduce,  modify,  display,  perform,  sublicense  and
    distribute the modifications created by such contribu-
    tor  (or  portions  thereof)  either  on  an  unmodified
    basis,  with  other  modifications,  as  covered  code
    and/or as part of a larger work; and
    (b) under  patent  claims  infringed  by  the  making,  using,  or
    selling  of    modifications  made  by  that  contributor
    either alone and/or in combination with its contributor
    version  (or  portions  of  such  combination),  to  make,
    use,  sell,  offer  for  sale,  have  made,  and/or  otherwise
    dispose of: 1) modifications made by that contributor
    (or portions thereof); and 2) the combination of mod-
    ifications made by that contributor with its contributor
    version (or portions of such combination).
    (c) the licenses granted in sections 2.2(a) and 2.2(b) are
    effective on the date contributor first makes commer-
    cial use of the covered code.
    (d) Notwithstanding  section  2.2(b)  above,  no  patent
    license is granted: 1) for any code that contributor has
    deleted from the contributor version; 2) separate from
    the  contributor  version;  3)  for  infringements  caused
    by:  i)  third  party  modifications  of  contributor  version
    or ii)  the combination of modifications made by that
    contributor with other software (except as part of the
    contributor  version)  or  other  devices;  or  4)  under
    patent  claims  infringed  by  covered  code  in  the
    absence of modifications made by that contributor.
    3. Distribution Obligations.
    3.1. Application of license.
    The  modifications  which  You  create  or  to  which  you  con-
    tribute 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  con-
    tribute 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  distribu-
    tion  mechanism  to  anyone  to  whom  you  made  an  exe-
    cutable  version  available;  and  if  made  available  via  elec-
    tronic 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 ensur-
    ing  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  contributor  has  knowledge  that  a  license  under  a  third
    party's  intellectual  property  rights  is  required  to  exercise
    the rights granted by such contributor under sections 2.1
    or 2.2, contributor 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 contributor obtains
    such knowledge after the modification is made available as
    described in section 3.2, contributor shall promptly modi-
    fy  the  LEGAL  file  in  all  copies  contributor  makes  available
    thereafter  and  shall  take  other  steps  (such  as  notifying
    appropriate  mailing  lists  or  newsgroups)  reasonably  calcu-
    lated  to  inform  those  who  received  the  covered  code  that
    new knowledge has been obtained.
    (b) Contributor APIs.
    If  contributor's  modifications  include  an  application
    programming  interface  and  contributor  has  knowledge  of
    patent licenses which are reasonably necessary to implement
    that API, contributor must also include this information in
    the LEGAL file.  
    						
    							APPENDIX
    139
    (c) Representations.
    contributor  represents  that,  except  as  disclosed  pursuant
    to section 3.4(a) above, contributor believes that contributor's
    modifications  are  contributor's  original  creation(s)
    and/or contributor has sufficient rights to grant the rights
    conveyed by this license.
    3.5. Required notices.
    You  must  duplicate  the  notice  in  exhibit  A  in  each  file  of
    the source code.  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) where a user would be likely to look for such a
    notice.    If  You  created  one  or  more  modification(s),  you
    may  add  your  name  as  a  contributor  to  the  notice
    described in exhibit A. you must also duplicate this license
    in  any  documentation  for  the  source  code  where  You
    describe  recipients'  rights  or  ownership  rights  relating  to
    covered  code.    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, indemni-
    ty  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 develop-
    er  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  or  ownership  rights  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 exe-
    cutable version does not attempt to limit or alter the recip-
    ient's rights in the source code version from the rights set
    forth  in  this  license.  If  you  distribute  the  executable  ver-
    sion 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, judicial order, or regulation then you
    must: (a) comply with the terms of this license to the max-
    imum 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",  "MPL",
    "NPL"  or  any  confusingly  similar  phrase  do  not  appear  in
    your license (except to note that your license differs from
    this  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 con-
    tributor  in  the  notice  described  in  exhibit  A  shall  not  of
    themselves be deemed to be modifications of this license.)  
    						
    							APPENDIX
    140
    APPENDIX
    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  COV-
    ERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
    FOR  A  PARTICULAR  PURPOSE  OR  NON-INFRINGING.
    THE  ENTIRE  RISK  AS  TO  THE  QUALITY  AND  PERFOR-
    MANCE  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.
    8.1. 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.
    8.2.  If you initiate litigation by asserting a patent infringement
    claim  (excluding  declatory  judgment  actions)  against  ini-
    tial  developer  or  a  contributor  (the  initial  developer  or
    contributor  against  whom  you  file  such  action  is  referred
    to as “Participant”) alleging that:
    (a) such participant's contributor version directly or indi-
    rectly  infringes  any  patent,  then  any  and  all  rights
    granted by such participant to you under sections 2.1
    and/or  2.2  of  this  license  shall,  upon  60  days  notice
    from Participant terminate prospectively, unless if within
    60 days after receipt of notice you either: (i) agree in
    writing to pay participant a mutually agreeable reasonable
    royalty  for  your  past  and  future  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  partici-
    pant to you under sections 2.1 and/or 2.2 automati-
    cally  terminate  at  the  expiration  of  the  60  day  notice
    period specified above.
    (b) any software, hardware, or device, other than such par-
    ticipant's  contributor  Version,  directly  or  indirectly
    infringes any patent, then any rights granted to You bysuch 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.
    8.3. If  you  assert  a  patent  infringement  claim  against  partici-
    pant  alleging  that  such  participant's  contributor  version
    directly or indirectly infringes any patent where such claim
    is resolved (such as by license or settlement) prior to the
    initiation  of  patent  infringement  litigation,  then  the  rea-
    sonable  value  of  the  licenses  granted  by  such  participant
    under  sections  2.1  or  2.2  shall  be  taken  into  account  in
    determining  the  amount  or  value  of  any  payment  or
    license.
    8.4. In  the  event  of  termination  under  sections  8.1  or  8.2
    above, all end user license agreements (excluding distributors
    and  resellers)  which  have  been  validly  granted  by  you  or
    any distributor hereunder prior to termination shall survive
    termination.
    9. LIMITATION OF LIABILITY.
    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  DIS-
    TRIBUTOR  OF  COVERED  CODE,OR  ANY  SUPPLIER  OF
    ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
    ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUEN-
    TIAL DAMAGES OF ANY CHARACTER INCLUDING, WITH-
    OUT  LIMITATION,  DAMAGES  FOR  LOSS  OF  GOODWILL,
    WORK  STOPPAGE,  COMPUTER  FAILURE  OR  MALFUNC-
    TION,  OR  ANY  AND  ALL  OTHER  COMMERCIAL  DAM-
    AGES  OR  LOSSES,  EVEN  IF  SUCH  PARTY  SHALL  HAVE
    BEEN  INFORMED  OF  THE  POSSIBILITY  OF  SUCH  DAM-
    AGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
    TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULT-
    ING 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 DAM-
    AGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
    APPLY TO YOU.
    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  cov-
    ered code with only those rights set forth herein.  
    						
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