Платформа ЦРНП "Мирокод" для разработки проектов
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410 lines
23 KiB
410 lines
23 KiB
CUA Office Public License Version 1.0 |
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1. Definitions. |
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1.0.1. "Commercial Use" means distribution or otherwise making the Covered |
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Code available to a third party. |
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1.1. "Contributor" means each entity that creates or contributes to the creation |
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of Modifications. |
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1.2. "Contributor Version" means the combination of the Original Code, prior |
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Modifications used by a Contributor, and the Modifications made by that particular |
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Contributor. |
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1.3. "Covered Code" means the Original Code or Modifications or the combination |
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of the Original Code and Modifications, in each case including portions thereof. |
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1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted |
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in the software development community for the electronic transfer of data. |
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1.5. "Executable" means Covered Code in any form other than Source Code. |
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1.6. "Initial Developer" means the individual or entity identified as the |
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Initial Developer in the Source Code notice required by Exhibit A. |
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1.7. "Larger Work" means a work which combines Covered Code or portions thereof |
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with code not governed by the terms of this License. |
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1.8. "License" means this document. |
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1.8.1. "Licensable" means having the right to grant, to the maximum extent |
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possible, whether at the time of the initial grant or subsequently acquired, |
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any and all of the rights conveyed herein. |
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1.9. "Modifications" means any addition to or deletion from the substance |
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or structure of either the Original Code or any previous Modifications. When |
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Covered Code is released as a series of files, a Modification is: |
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A. Any addition to or deletion from the contents of a file containing Original |
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Code or previous Modifications. |
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B. Any new file that contains any part of the Original Code or previous Modifications. |
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1.10. "Original Code" means Source Code of computer software code which is |
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described in the Source Code notice required by Exhibit A as Original Code, |
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and which, at the time of its release under this License is not already Covered |
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Code governed by this License. |
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1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter |
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acquired, including without limitation, method, process, and apparatus claims, |
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in any patent Licensable by grantor. |
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1.11. "Source Code" means the preferred form of the Covered Code for making |
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modifications to it, including all modules it contains, plus any associated |
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interface definition files, scripts used to control compilation and installation |
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of an Executable, or source code differential comparisons against either the |
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Original Code or another well known, available Covered Code of the Contributor's |
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choice. The Source Code can be in a compressed or archival form, provided |
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the appropriate decompression or de-archiving software is widely available |
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for no charge. |
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1.12. "You" (or "Your") means an individual or a legal entity exercising rights |
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under, and complying with all of the terms of, this License or a future version |
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of this License issued under Section 6.1. For legal entities, "You" includes |
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any entity which controls, is controlled by, or is under common control with |
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You. For purposes of this definition, "control" means (a) the power, direct |
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or indirect, to cause the direction or management of such entity, whether |
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by contract or otherwise, or (b) ownership of more than fifty percent (50%) |
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of the outstanding shares or beneficial ownership of such entity. |
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2. Source Code License. |
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2.1. The Initial Developer Grant. The Initial Developer hereby grants You |
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a world-wide, royalty-free, non-exclusive license, subject to third party |
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intellectual property claims: |
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(a) under intellectual property rights (other than patent or trademark) Licensable |
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by Initial Developer to use, reproduce, modify, display, perform, sublicense |
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and distribute the Original Code (or portions thereof) with or without Modifications, |
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and/or as part of a Larger Work; and |
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(b) under Patents Claims infringed by the making, using or selling of Original |
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Code, to make, have made, use, practice, sell, and offer for sale, and/or |
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otherwise dispose of the Original Code (or portions thereof). |
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the |
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date Initial Developer first distributes Original Code under the terms of |
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this License. |
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) |
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for code that You delete from the Original Code; 2) separate from the Original |
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Code; or 3) for infringements caused by: i) the modification of the Original |
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Code or ii) the combination of the Original Code with other software or devices. |
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2.2. Contributor Grant. Subject to third party intellectual property claims, |
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each Contributor hereby grants You a world-wide, royalty-free, non-exclusive |
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license |
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(a) under intellectual property rights (other than patent or trademark) Licensable |
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by Contributor, to use, reproduce, modify, display, perform, sublicense and |
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distribute the Modifications created by such Contributor (or portions thereof) |
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either on an unmodified basis, with other Modifications, as Covered Code and/or |
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as part of a Larger Work; and |
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(b) under Patent Claims infringed by the making, using, or selling of Modifications |
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made by that Contributor either alone and/or in combination with its Contributor |
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Version (or portions of such combination), to make, use, sell, offer for sale, |
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor |
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(or portions thereof); and 2) the combination of Modifications made by that |
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Contributor with its Contributor Version (or portions of such combination). |
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the |
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date Contributor first makes Commercial Use of the Covered Code. |
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) |
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for any code that Contributor has deleted from the Contributor Version; 2) |
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separate from the Contributor Version; 3) for infringements caused by: i) |
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third party modifications of Contributor Version or ii) the combination of |
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Modifications made by that Contributor with other software (except as part |
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed |
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by Covered Code in the absence of Modifications made by that Contributor. |
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3. Distribution Obligations. |
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3.1. Application of License. The Modifications which You create or to which |
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You contribute are governed by the terms of this License, including without |
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limitation Section 2.2. The Source Code version of Covered Code may be distributed |
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only under the terms of this License or a future version of this License released |
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under Section 6.1, and You must include a copy of this License with every |
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copy of the Source Code You distribute. You may not offer or impose any terms |
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on any Source Code version that alters or restricts the applicable version |
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of this License or the recipients' rights hereunder. However, You may include |
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an additional document offering the additional rights described in Section |
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3.5. |
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3.2. Availability of Source Code. Any Modification which You create or to |
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which You contribute must be made available in Source Code form under the |
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terms of this License either on the same media as an Executable version or |
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via an accepted Electronic Distribution Mechanism to anyone to whom you made |
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an Executable version available; and if made available via Electronic Distribution |
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Mechanism, must remain available for at least twelve (12) months after the |
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date it initially became available, or at least six (6) months after a subsequent |
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version of that particular Modification has been made available to such recipients. |
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You are responsible for ensuring that the Source Code version remains available |
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even if the Electronic Distribution Mechanism is maintained by a third party. |
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3.3. Description of Modifications. You must cause all Covered Code to which |
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You contribute to contain a file documenting the changes You made to create |
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that Covered Code and the date of any change. You must include a prominent |
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statement that the Modification is derived, directly or indirectly, from Original |
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Code provided by the Initial Developer and including the name of the Initial |
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Developer in (a) the Source Code, and (b) in any notice in an Executable version |
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or related documentation in which You describe the origin or ownership of |
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the Covered Code. |
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3.4. Intellectual Property Matters |
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(a) Third Party Claims. If Contributor has knowledge that a license under |
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a third party's intellectual property rights is required to exercise the rights |
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granted by such Contributor under Sections 2.1 or 2.2, Contributor must include |
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a text file with the Source Code distribution titled "LEGAL" which describes |
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the claim and the party making the claim in sufficient detail that a recipient |
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will know whom to contact. If Contributor obtains such knowledge after the |
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Modification is made available as described in Section 3.2, Contributor shall |
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promptly modify the LEGAL file in all copies Contributor makes available thereafter |
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and shall take other steps (such as notifying appropriate mailing lists or |
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newsgroups) reasonably calculated to inform those who received the Covered |
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Code that new knowledge has been obtained. |
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(b) Contributor APIs. If Contributor's Modifications include an application |
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programming interface and Contributor has knowledge of patent licenses which |
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are reasonably necessary to implement that API, Contributor must also include |
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this information in the LEGAL file. |
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(c) Representations. Contributor represents that, except as disclosed pursuant |
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to Section 3.4(a) above, Contributor believes that Contributor's Modifications |
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are Contributor's original creation(s) and/or Contributor has sufficient rights |
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to grant the rights conveyed by this License. |
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3.5. Required Notices. You must duplicate the notice in Exhibit A in each |
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file of the Source Code. If it is not possible to put such notice in a particular |
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Source Code file due to its structure, then You must include such notice in |
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a location (such as a relevant directory) where a user would be likely to |
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look for such a notice. If You created one or more Modification(s) You may |
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add your name as a Contributor to the notice described in Exhibit A. You must |
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also duplicate this License in any documentation for the Source Code where |
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You describe recipients' rights or ownership rights relating to Covered Code. |
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You may choose to offer, and to charge a fee for, warranty, support, indemnity |
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or liability obligations to one or more recipients of Covered Code. However, |
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You may do so only on Your own behalf, and not on behalf of the Initial Developer |
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or any Contributor. You must make it absolutely clear than any such warranty, |
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support, indemnity or liability obligation is offered by You alone, and You |
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hereby agree to indemnify the Initial Developer and every Contributor for |
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any liability incurred by the Initial Developer or such Contributor as a result |
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of warranty, support, indemnity or liability terms You offer. |
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3.6. Distribution of Executable Versions. You may distribute Covered Code |
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in Executable form only if the requirements of Section 3.1-3.5 have been met |
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for that Covered Code, and if You include a notice stating that the Source |
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Code version of the Covered Code is available under the terms of this License, |
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including a description of how and where You have fulfilled the obligations |
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of Section 3.2. The notice must be conspicuously included in any notice in |
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an Executable version, related documentation or collateral in which You describe |
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recipients' rights relating to the Covered Code. You may distribute the Executable |
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version of Covered Code or ownership rights under a license of Your choice, |
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which may contain terms different from this License, provided that You are |
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in compliance with the terms of this License and that the license for the |
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Executable version does not attempt to limit or alter the recipient's rights |
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in the Source Code version from the rights set forth in this License. If You |
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distribute the Executable version under a different license You must make |
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it absolutely clear that any terms which differ from this License are offered |
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by You alone, not by the Initial Developer or any Contributor. You hereby |
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agree to indemnify the Initial Developer and every Contributor for any liability |
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incurred by the Initial Developer or such Contributor as a result of any such |
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terms You offer. |
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3.7. Larger Works. You may create a Larger Work by combining Covered Code |
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with other code not governed by the terms of this License and distribute the |
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Larger Work as a single product. In such a case, You must make sure the requirements |
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of this License are fulfilled for the Covered Code. |
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4. Inability to Comply Due to Statute or Regulation. |
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If it is impossible for You to comply with any of the terms of this License |
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with respect to some or all of the Covered Code due to statute, judicial order, |
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or regulation then You must: (a) comply with the terms of this License to |
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the maximum extent possible; and (b) describe the limitations and the code |
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they affect. Such description must be included in the LEGAL file described |
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in Section 3.4 and must be included with all distributions of the Source Code. |
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Except to the extent prohibited by statute or regulation, such description |
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must be sufficiently detailed for a recipient of ordinary skill to be able |
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to understand it. |
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5. Application of this License. |
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This License applies to code to which the Initial Developer has attached the |
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notice in Exhibit A and to related Covered Code. |
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6. Versions of the License. |
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6.1. New Versions. CUA Office Project may publish revised and/or new versions |
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of the License from time to time. Each version will be given a distinguishing |
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version number. |
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6.2. Effect of New Versions. Once Covered Code has been published under a |
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particular version of the License, You may always continue to use it under |
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the terms of that version. You may also choose to use such Covered Code under |
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the terms of any subsequent version of the License published by CUA Office |
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Project. No one other than CUA Office Project has the right to modify the |
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terms applicable to Covered Code created under this License. |
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6.3. Derivative Works. If You create or use a modified version of this License |
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(which you may only do in order to apply it to code which is not already Covered |
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Code governed by this License), You must (a) rename Your license so that the |
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phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do |
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not appear in your license (except to note that your license differs from |
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this License) and (b) otherwise make it clear that Your version of the license |
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contains terms which differ from the CUA Office Public License. (Filling in |
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the name of the Initial Developer, Original Code or Contributor in the notice |
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described in Exhibit A shall not of themselves be deemed to be modifications |
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of this License.) |
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7. DISCLAIMER OF WARRANTY. |
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY |
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OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES |
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THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR |
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE |
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OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN |
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME |
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER |
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED |
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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8. TERMINATION. |
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8.1. This License and the rights granted hereunder will terminate automatically |
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if You fail to comply with terms herein and fail to cure such breach within |
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30 days of becoming aware of the breach. All sublicenses to the Covered Code |
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which are properly granted shall survive any termination of this License. |
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Provisions which, by their nature, must remain in effect beyond the termination |
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of this License shall survive. |
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding |
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declatory judgment actions) against Initial Developer or a Contributor (the |
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Initial Developer or Contributor against whom You file such action is referred |
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to as "Participant") alleging that: |
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(a) such Participant's Contributor Version directly or indirectly infringes |
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any patent, then any and all rights granted by such Participant to You under |
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant |
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terminate prospectively, unless if within 60 days after receipt of notice |
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable |
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royalty for Your past and future use of Modifications made by such Participant, |
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or (ii) withdraw Your litigation claim with respect to the Contributor Version |
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against such Participant. If within 60 days of notice, a reasonable royalty |
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and payment arrangement are not mutually agreed upon in writing by the parties |
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or the litigation claim is not withdrawn, the rights granted by Participant |
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration |
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of the 60 day notice period specified above. |
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(b) any software, hardware, or device, other than such Participant's Contributor |
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Version, directly or indirectly infringes any patent, then any rights granted |
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective |
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as of the date You first made, used, sold, distributed, or had made, Modifications |
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made by that Participant. |
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8.3. If You assert a patent infringement claim against Participant alleging |
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that such Participant's Contributor Version directly or indirectly infringes |
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any patent where such claim is resolved (such as by license or settlement) |
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prior to the initiation of patent infringement litigation, then the reasonable |
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value of the licenses granted by such Participant under Sections 2.1 or 2.2 |
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shall be taken into account in determining the amount or value of any payment |
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or license. |
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end |
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user license agreements (excluding distributors and resellers) which have |
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been validly granted by You or any distributor hereunder prior to termination |
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shall survive termination. |
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9. LIMITATION OF LIABILITY. |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY |
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF |
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, |
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES |
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY |
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AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE |
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY |
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. |
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL |
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OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO |
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YOU. |
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10. U.S. GOVERNMENT END USERS. |
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The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. |
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2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial |
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computer software documentation," as such terms are used in 48 C.F.R. 12.212 |
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through |
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code |
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with only those rights set forth herein. |
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11. MISCELLANEOUS. |
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This License represents the complete agreement concerning subject matter hereof. |
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If any provision of this License is held to be unenforceable, such provision |
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shall be reformed only to the extent necessary to make it enforceable. This |
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License shall be governed by California law provisions (except to the extent |
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applicable law, if any, provides otherwise), excluding its conflict-of-law |
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provisions. With respect to disputes in which at least one party is a citizen |
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of, or an entity chartered or registered to do business in the United States |
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of America, any litigation relating to this License shall be subject to the |
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jurisdiction of the Federal Courts of the Northern District of California, |
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with venue lying in Santa Clara County, California, with the losing party |
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responsible for costs, including without limitation, court costs and reasonable |
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attorneys' fees and expenses. The application of the United Nations Convention |
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on Contracts for the International Sale of Goods is expressly excluded. Any |
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law or regulation which provides that the language of a contract shall be |
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construed against the drafter shall not apply to this License. |
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12. RESPONSIBILITY FOR CLAIMS. |
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As between Initial Developer and the Contributors, each party is responsible |
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for claims and damages arising, directly or indirectly, out of its utilization |
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of rights under this License and You agree to work with Initial Developer |
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and Contributors to distribute such responsibility on an equitable basis. |
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Nothing herein is intended or shall be deemed to constitute any admission |
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of liability. |
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13. MULTIPLE-LICENSED CODE. |
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Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". |
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"Multiple-Licensed" means that the Initial Developer permits you to utilize |
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portions of the Covered Code under Your choice of the NPL or the alternative |
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licenses, if any, specified by the Initial Developer in the file described |
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in Exhibit A. EXHIBIT A - CUA Office Public License. |
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" The contents of this file are subject to the CUA Office Public License Version |
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1.0 (the "License"); you may not use this file except in compliance with the |
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License. You may obtain a copy of the License at http://cuaoffice.sourceforge.net/ |
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Software distributed under the License is distributed on an "AS IS" basis, |
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for |
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the specific language governing rights and limitations under the License. |
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The Original Code is ______________________________________ . |
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The Initial Developer of the Original Code is ________________________ . Portions |
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created by ______________________ are Copyright (C) ______ _______________________ |
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. All Rights Reserved. |
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Contributor(s): ______________________________________ . |
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Alternatively, the contents of this file may be used under the terms of the |
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_____ license (the " [___] License"), in which case the provisions of [______] |
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License are applicable instead of those above. If you wish to allow use of |
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your version of this file only under the terms of the [____] License and not |
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to allow others to use your version of this file under the CUAPL, indicate |
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your decision by deleting the provisions above and replace them with the notice |
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and other provisions required by the [___] License. If you do not delete the |
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provisions above, a recipient may use your version of this file under either |
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the CUAPL or the [___] License. " |
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[NOTE: The text of this Exhibit A may differ slightly from the text of the |
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notices in the Source Code files of the Original Code. You should use the |
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text of this Exhibit A rather than the text found in the Original Code Source |
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Code for Your Modifications.]
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