User's Manual

Participant under Sections 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 termination under Sections 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 termination shall survive termination.

9. 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 CODE,

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.

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, any litigation relating to this License

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 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.

12. 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.

othin

herein is intended or shall be deemed to constitute an

admission of liabilit