User's Manual

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

THAT 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

Covered Code with only those rights set forth herein.

11. 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 California law provisions

(except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law

rovisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered

or registered to do business in, the United States of America: (a) unless otherwise agreed in writing,

all disputes relating to this License (excepting any dispute relating to intellectual property rights)

shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration;

(b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under

the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject

to the jurisdiction 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

limitation, court costs and reasonable attorneys fees and expenses. The application of the United

ations 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.

12. RESPONSIBILITY FOR CLAIMS.

Except in cases where another Contributor has failed to comply with Section 3.4, You are

responsible for damages arising, directly or indirectly, out of Your utilization of rights under this

License, based on the number of copies of Covered Code you made available, the revenues you

received from utilizing such rights, and other relevant factors. You agree to work with affected

arties to distribute responsibility on an equitable basis.

EXHIBIT A.

"The contents of this file are subject to the Mozilla Public License Version 1.0 (the "License"); you

may not use this file except in compliance with the License. You may obtain a copy of the License at

http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY

OF ANY KIND, either express or implied. See the License for the specific language governing

hts and limitations under the License.