--- cddl-license-1.0-orig.txt 2005-09-27 11:11:29.000000000 +0200 +++ cddl-license-1.0.txt 2005-09-27 12:03:48.000000000 +0200 @@ -1,230 +1,314 @@ - COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) - Version 1.0 + COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) + Version 1.0 1. Definitions. - 1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications. + 1.1. "Contributor" means each individual or entity that creates or + contributes to the creation of Modifications. - 1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor - (if any), and the Modifications made by that particular Contributor. - - 1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination - of files containing Original Software with files containing Modifications, in each case including portions thereof. + 1.2. "Contributor Version" means the combination of the Original Software, + prior Modifications used by a Contributor (if any), and the Modifications + made by that particular Contributor. + + 1.3. "Covered Software" means (a) the Original Software, or (b) + Modifications, or (c) the combination of files containing Original Software + with files containing Modifications, in each case including portions + thereof. - 1.4. “Executable” means the Covered Software in any form other than Source Code. - - 1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License. - - 1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms - of this License. - - 1.7. “License” means this document. + 1.4. "Executable" means the Covered Software in any form other than Source + Code. - 1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the - initial grant or subsequently acquired, any and all of the rights conveyed herein. + 1.5. "Initial Developer" means the individual or entity that first makes + Original Software available under this License. - 1.9. “Modifications” means the Source Code and Executable form of any of the following: - A. Any file that results from an addition to, deletion from or modification of the contents of a file - containing Original Software or previous Modifications; - B. Any new file that contains any part of the Original Software or previous Modification; or - C. Any new file that is contributed or otherwise made available under the terms of this License. + 1.6. "Larger Work" means a work which combines Covered Software or portions + thereof with code not governed by the terms of this License. - 1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally - released under this License. - - 1.11. “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. - - 1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and - (b) associated documentation included in or with such code. - - 1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of - the terms of, this License. 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 more - than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. + 1.7. "License" means this document. + + 1.8. "Licensable" means having the right to grant, to the maximum 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 the Source Code and Executable form of any of the + following: A. Any file that results from an addition to, deletion from or + modification of the contents of a file containing Original Software or + previous Modifications; B. Any new file that contains any part of the + Original Software or previous Modification; or C. Any new file that is + contributed or otherwise made available under the terms of this License. + + 1.10. "Original Software" means the Source Code and Executable form of + computer software code that is originally released under this License. + + 1.11. "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. + + 1.12. "Source Code" means (a) the common form of computer software code in + which modifications are made and (b) associated documentation included in or + with such code. + + 1.13. "You" (or "Your") means an individual or a legal entity exercising + rights under, and complying with all of the terms of, this License. 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 more than fifty percent (50%) of the outstanding shares or + beneficial ownership of such entity. 2. License Grants. 2.1. The Initial Developer Grant. - Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, - the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license: + Conditioned upon Your compliance with Section 3.1 below and subject to third + party intellectual property claims, the Initial Developer hereby grants You + a world-wide, royalty-free, non-exclusive license: - (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, - to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions - thereof), with or without Modifications, and/or as part of a Larger Work; and - - (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, - use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof). - - (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first - distributes or otherwise makes the Original Software available to a third party 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 Software, or (2) for infringements caused by: (i) the modification of the Original Software, - or (ii) the combination of the Original Software with other software or devices. + (a) under intellectual property rights (other than patent or trademark) + Licensable by Initial Developer, to use, reproduce, modify, display, + perform, sublicense and distribute the Original Software (or portions + thereof), with or without Modifications, and/or as part of a Larger + Work; and + + (b) under Patent Claims infringed by the making, using or selling of + Original Software, to make, have made, use, practice, sell, and offer + for sale, and/or otherwise dispose of the Original Software (or portions + thereof). + + (c) The licenses granted in Sections 2.1(a) and (b) are effective on the + date Initial Developer first distributes or otherwise makes the Original + Software available to a third party 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 Software, or (2) for + infringements caused by: (i) the modification of the Original Software, + or (ii) the combination of the Original Software with other software or + devices. 2.2. Contributor Grant. - Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, - each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: + Conditioned upon Your compliance with Section 3.1 below and 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 Contributor - (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software 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 Modifications 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 distributes - or otherwise makes the Modifications available to a third party. - - (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) 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 (3) under Patent Claims infringed by Covered - Software in the absence of Modifications made by that Contributor. + (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 Contributor + (or portions thereof), either on an unmodified basis, with other + Modifications, as Covered Software 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 Modifications 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 distributes or otherwise makes the + Modifications available to a third party. + + (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) 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 (3) under Patent Claims infringed by + Covered Software in the absence of Modifications made by that + Contributor. 3. Distribution Obligations. 3.1. Availability of Source Code. - Any Covered Software that You distribute or otherwise make available in Executable form must also be made available - in Source Code form and that Source Code form must be distributed only under the terms of this License. You must - include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or - otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they - can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used - for software exchange. + Any Covered Software that You distribute or otherwise make available in + Executable form must also be made available in Source Code form and that + Source Code form must be distributed only under the terms of this License. + You must include a copy of this License with every copy of the Source Code + form of the Covered Software You distribute or otherwise make available. You + must inform recipients of any such Covered Software in Executable form as to + how they can obtain such Covered Software in Source Code form in a + reasonable manner on or through a medium customarily used for software + exchange. 3.2. Modifications. - The Modifications that You create or to which You contribute are governed by the terms of this License. You - represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to - grant the rights conveyed by this License. + The Modifications that You create or to which You contribute are governed by + the terms of this License. You represent that You believe Your Modifications + are Your original creation(s) and/or You have sufficient rights to grant the + rights conveyed by this License. 3.3. Required Notices. - You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. - You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or - any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer. + + You must include a notice in each of Your Modifications that identifies You + as the Contributor of the Modification. You may not remove or alter any + copyright, patent or trademark notices contained within the Covered + Software, or any notices of licensing or any descriptive text giving + attribution to any Contributor or the Initial Developer. 3.4. Application of Additional Terms. - You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the - applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a - fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. - 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 that 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. + You may not offer or impose any terms on any Covered Software in Source Code + form that alters or restricts the applicable version of this License or the + recipients' rights hereunder. You may choose to offer, and to charge a fee + for, warranty, support, indemnity or liability obligations to one or more + recipients of Covered Software. 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 that 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. 3.5. Distribution of Executable Versions. - You may distribute the Executable form of the Covered Software under the terms of this License or under the terms - of 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 form does not attempt to limit or alter - the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the - Covered Software in Executable form 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 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. + You may distribute the Executable form of the Covered Software under the + terms of this License or under the terms of 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 form does not attempt to limit or alter the recipient's rights in + the Source Code form from the rights set forth in this License. If You + distribute the Covered Software in Executable form 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 + 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. 3.6. Larger Works. - You may create a Larger Work by combining Covered Software 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 Software. + You may create a Larger Work by combining Covered Software 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 Software. 4. Versions of the License. 4.1. New Versions. - Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License - from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, - no one other than the license steward has the right to modify this License. + Sun Microsystems, Inc. is the initial license steward and may publish + revised and/or new versions of this License from time to time. Each version + will be given a distinguishing version number. Except as provided in Section + 4.3, no one other than the license steward has the right to modify this + License. 4.2. Effect of New Versions. - You may always continue to use, distribute or otherwise make the Covered Software available under the terms of - the version of the License under which You originally received the Covered Software. If the Initial Developer - includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under - any subsequent version of the License, You must distribute and make the Covered Software available under the terms - of the version of the License under which You originally received the Covered Software. Otherwise, You may also - choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version - of the License published by the license steward. + You may always continue to use, distribute or otherwise make the Covered + Software available under the terms of the version of the License under which + You originally received the Covered Software. If the Initial Developer + includes a notice in the Original Software prohibiting it from being + distributed or otherwise made available under any subsequent version of the + License, You must distribute and make the Covered Software available under + the terms of the version of the License under which You originally received + the Covered Software. Otherwise, You may also choose to use, distribute or + otherwise make the Covered Software available under the terms of any + subsequent version of the License published by the license steward. 4.3. Modified Versions. - When You are an Initial Developer and You want to create a new license for Your Original Software, You may create - and use a modified version of this License if You: (a) rename the license and remove any references to the name of - the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that - the license contains terms which differ from this License. + When You are an Initial Developer and You want to create a new license for + Your Original Software, You may create and use a modified version of this + License if You: (a) rename the license and remove any references to the name + of the license steward (except to note that the license differs from this + License); and (b) otherwise make it clear that the license contains terms + which differ from this License. 5. DISCLAIMER OF WARRANTY. -COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. -SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. +COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY +COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER +THIS DISCLAIMER. 6. TERMINATION. - 6.1. 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. Provisions which, by their - nature, must remain in effect beyond the termination of this License shall survive. - - 6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer - or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as - “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant - is a Contributor or the Original Software where the Participant is the Initial Developer) directly or - indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, - the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 - and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically - at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with - respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement - with Participant. - - 6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software 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 reasonable 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. - - 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted - by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) - shall survive termination. + 6.1. 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. Provisions which, by + their nature, must remain in effect beyond the termination of this License + shall survive. + + 6.2. If You assert a patent infringement claim (excluding declaratory + judgment actions) against Initial Developer or a Contributor (the Initial + Developer or Contributor against whom You assert such claim is referred to + as "Participant") alleging that the Participant Software (meaning the + Contributor Version where the Participant is a Contributor or the Original + Software where the Participant is the Initial Developer) directly or + indirectly infringes any patent, then any and all rights granted directly or + indirectly to You by such Participant, the Initial Developer (if the Initial + Developer is not the Participant) and all Contributors under Sections 2.1 + and/or 2.2 of this License shall, upon 60 days notice from Participant + terminate prospectively and automatically at the expiration of such 60 day + notice period, unless if within such 60 day period You withdraw Your claim + with respect to the Participant Software against such Participant either + unilaterally or pursuant to a written agreement with Participant. + + 6.3. If You assert a patent infringement claim against Participant alleging + that the Participant Software 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 reasonable 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. + + 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end + user licenses that have been validly granted by You or any distributor + hereunder prior to termination (excluding licenses granted to You by any + distributor) shall survive termination. 7. 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 DISTRIBUTOR OF COVERED SOFTWARE, 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. +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 SOFTWARE, 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. 8. U.S. GOVERNMENT END USERS. -The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of -“commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) 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 Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, -and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License. +The Covered Software is a "commercial item," as that term is defined in 48 +C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that +term is defined at 48 C.F.R. § 252.227-7014(a)(1)) 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 Software with only +those rights set forth herein. This U.S. Government Rights clause is in lieu of, +and supersedes, any other FAR, DFAR, or other clause or provision that addresses +Government rights in computer software under this License. 9. 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 the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, -provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject -to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, 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. You agree that You alone are responsible for -compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, -distribute or otherwise make available any Covered Software. +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 the law of the jurisdiction specified in a notice +contained within the Original Software (except to the extent applicable law, if +any, provides otherwise), excluding such jurisdiction's conflict-of-law +provisions. Any litigation relating to this License shall be subject to the +jurisdiction of the courts located in the jurisdiction and venue specified in a +notice contained within the Original Software, 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. You agree that You alone are +responsible for compliance with the United States export administration +regulations (and the export control laws and regulation of any other countries) +when You use, distribute or otherwise make available any Covered Software. 10. 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. +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.