Open Source and Third-Party Software License Agreements, September 2011

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included in the Original Work. Nothing in this License shall be interpreted to prohibit
Licensor from licensing under terms different from this License any Original Work that
Licensor otherwise would have a right to license.
5) External Deployment. The term "External Deployment" means the use, distribution, or
communication of the Original Work or Derivative Works in any way such that the Original
Work or Derivative Works may be used by anyone other than You, whether those works are
distributed or communicated to those persons or made available as an application intended
for use over a network. As an express condition for the grants of license hereunder, You must
treat any External Deployment by You of the Original Work or a Derivative Work as a
distribution under section 1(c).
6) Attribution Rights. You must retain, in the Source Code of any Derivative Works that You
create, all copyright, patent, or trademark notices from the Source Code of the Original
Work, as well as any notices of licensing and any descriptive text identified therein as an
"Attribution Notice." You must cause the Source Code for any Derivative Works that You
create to carry a prominent Attribution Notice reasonably calculated to inform recipients
that You have modified the Original Work.
7) Warranty of Provenance and Disclaimer of Warranty. Licensor warrants that the
copyright in and to the Original Work and the patent rights granted herein by Licensor are
owned by the Licensor or are sublicensed to You under the terms of this License with the
permission of the contributor(s) of those copyrights and patent rights. Except as expressly
stated in the immediately preceding sentence, the Original Work is provided under this
License on an "AS IS" BASIS and WITHOUT WARRANTY, either express or implied,
including, without limitation, the warranties of non-infringement, merchantability or fitness
for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential part of
this License. No license to the Original Work is granted by this License except under this
disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort
(including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any
indirect, special, incidental, or consequential damages of any character arising as a result of
this License or the use of the Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and all other commercial
damages or losses. This limitation of liability shall not apply to the extent applicable law
prohibits such limitation.
9) Acceptance and Termination. If, at any time, You expressly assented to this License, that
assent indicates your clear and irrevocable acceptance of this License and all of its terms and
conditions. If You distribute or communicate copies of the Original Work or a Derivative
Work, You must make a reasonable effort under the circumstances to obtain the express
assent of recipients to the terms of this License. This License conditions your rights to
undertake the activities listed in Section 1, including your right to create Derivative Works
based upon the Original Work, and doing so without honoring these terms and conditions is
prohibited by copyright law and international treaty. Nothing in this License is intended to
affect copyright exceptions and limitations (including "fair use" or "fair dealing"). This
License shall terminate immediately and You may no longer exercise any of the rights
granted to You by this License upon your failure to honor the conditions in Section 1(c).
10) Termination for Patent Action. This License shall terminate automatically and You may
no longer exercise any of the rights granted to You by this License as of the date You
commence an action, including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This termination provision shall
not apply for an action alleging patent infringement by combinations of the Original Work
with other software or hardware.