Administrator Guide

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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.

c. 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 LOST PROFITS, 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. º 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.

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.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law

provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern

District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.

The GNU General Public License (GPL) Version 2, June 1991

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU

General Public License is intended to guarantee your freedom to share and change free software--to make sure the software

is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any

other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU

Library General Public License instead.) You can apply it to your programs, too.