Users Guide

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. 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. 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
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor Boston, MA 02110-1335 USA 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. When we speak of free software, we are referring to freedom, not
price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software
(and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the
software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need
to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions
translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you
distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You
must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their
rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal
permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain
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Third party licenses