Manual

53
license contains terms which dier from the Mozilla Public License and Netscape Public License. (Filling in the name of the Inial Developer, Original Code or
Contributor in the noce described in Exhibit A shall not of themselves be deemed to be modicaons 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 limitaon,
warranes that the covered code is free of defects, merchantable, t for a parcular purpose or non-infringing. The enre risk as to the quality and
performance of the covered code is with you. Should any covered code prove defecve in any respect, you (not the inial developer or any other contributor)
assume the cost of any necessary servicing, repair or correcon. This disclaimer of warranty constutes an essenal part of this license. No use of any covered
code is authorized hereunder except under this disclaimer.
8. Terminaon
8.1. This License and the rights granted hereunder will terminate automacally 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 terminaon of this License. Provisions
which, by their nature, must remain in eect beyond the terminaon of this License shall survive.
8.2. If You iniate ligaon by asserng a patent infringement claim (excluding declatory judgment acons) against Inial Developer or a Contributor (the
Inial Developer or Contributor against whom You le such acon is referred to as “Parcipant”) alleging that:
a.such Parcipant’s Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Parcipant to You under Secons
2.1 and/or 2.2 of this License shall, upon 60 days noce from Parcipant terminate prospecvely, unless if within 60 days aer receipt of noce You either:
(i) agree in wring to pay Parcipant a mutually agreeable reasonable royalty for Your past and future use of Modicaons made by such Parcipant, or (ii)
withdraw Your ligaon claim with respect to the Contributor Version against such Parcipant. If within 60 days of noce, a reasonable royalty and payment
arrangement are not mutually agreed upon in wring by the pares or the ligaon claim is not withdrawn, the rights granted by Parcipant to You under
Secons 2.1 and/or 2.2 automacally terminate at the expiraon of the 60 day noce period specied above.
b.any soware, hardware, or device, other than such Parcipant’s Contributor Version, directly or indirectly infringes any patent, then any rights granted
to You by such Parcipant under Secons 2.1(b) and 2.2(b) are revoked eecve as of the date You rst made, used, sold, distributed, or had made,
Modicaons made by that Parcipant.
8.3. If You assert a patent infringement claim against Parcipant alleging that such Parcipant’s Contributor Version directly or indirectly infringes any
patent where such claim is resolved (such as by license or selement) prior to the iniaon of patent infringement ligaon, then the reasonable value of the
licenses granted by such Parcipant under Secons 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 terminaon under Secons 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 terminaon shall survive terminaon.
9. Limitaon of liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall you, the inial developer, any
other contributor, or any distributor of covered code, or any supplier of any of such pares, be liable to any person for any indirect, special, incidental, or
consequenal damages of any character including, without limitaon, damages for loss of goodwill, work stoppage, computer failure or malfuncon, or any
and all other commercial damages or losses, even if such party shall have been informed of the possibility of such damages. This limitaon of liability shall not
apply to liability for death or personal injury resulng from such party’s negligence to the extent applicable law prohibits such limitaon. Some jurisdicons do
not allow the exclusion or limitaon of incidental or consequenal damages, so this exclusion and limitaon may not apply to you.
10. U.S. government end users
The Covered Code is a “commercial item,” as that term is dened in 48 C.F.R. 2.101 (Oct. 1995), consisng of “commercial computer soware” and
“commercial computer soware documentaon,” 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 maer 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 conict-of-law provisions. With respect to disputes in which at least one party is a cizen of,
or an enty chartered or registered to do business in the United States of America, any ligaon relang to this License shall be subject to the jurisdicon
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 limitaon, court costs and reasonable aorneys’ fees and expenses. The applicaon of the United Naons Convenon on Contracts for the
Internaonal Sale of Goods is expressly excluded. Any law or regulaon which provides that the language of a contract shall be construed against the draer
shall not apply to this License.
12. Responsibility for claims
As between Inial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its ulizaon of
rights under this License and You agree to work with Inial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constute any admission of liability.
13. Mulple-licensed code
Inial Developer may designate porons of the Covered Code as “Mulple-Licensed”. “Mulple-Licensed” means that the Inial Developer permits you to
ulize porons of the Covered Code under Your choice of the MPL or the alternave licenses, if any, specied by the Inial Developer in the le described in
Exhibit A.
Exhibit A - Mozilla Public License.