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

11) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may

be brought only in the courts of a jurisdiction wherein the Licensor resides or in which

Licensor conducts its primary business, and under the laws of that jurisdiction excluding its

conflict-of-law provisions. The application of the United Nations Convention on Contracts for

the International Sale of Goods is expressly excluded. Any use of the Original Work outside

the scope of this License or after its termination shall be subject to the requirements and

penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive

the termination of this License.

12) Attorneys' Fees. In any action to enforce the terms of this License or seeking damages

relating thereto, the prevailing party shall be entitled to recover its costs and expenses,

including, without limitation, reasonable attorneys' fees and costs incurred in connection

with such action, including any appeal of such action. This section shall survive the

termination of this License.

13) Miscellaneous. 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.

14) Definition of "You" in This License. "You" throughout this License, whether in upper or

lower case, means an individual or a legal entity exercising rights under, and complying with

all of the terms of, this License. For legal entities, "You" includes any entity that controls, is

controlled by, or is under common control with you. For purposes of this definition, "control"

means (i) the power, direct or indirect, to cause the direction or management of such entity,

whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the

outstanding shares, or (iii) beneficial ownership of such entity.

15) Right to Use. You may use the Original Work in all ways not otherwise restricted or

conditioned by this License or by law, and Licensor promises not to interfere with or be

responsible for such uses by You.

Permission is granted to copy, distribute, or communicate this License without modification.

Nothing in this License permits You to modify this License as applied to the Original Work

or to Derivative Works. However, You may modify the text of this License and copy,

distribute or communicate your modified version (the "Modified License") and apply it to

other original works of authorship subject to the following conditions: (i) You may not

indicate in any way that your Modified License is the "Academic Free License" or "AFL" and

you may not use those names in the name of your Modified License; (ii) You must replace the

notice specified in the first paragraph above with the notice "Licensed under <insert your

license name here>" or with a notice of your own that is not confusingly similar to the notice

in this License; and (iii) You may not claim that your original works are open source software

unless your Modified License has been approved by Open Source Initiative (OSI) and You

comply with its license review and certification process.

cdk

Modifications copyright Thomas Dickey 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007

Redistribution and use in source and binary forms, with or without modification, are

permitted provided that the following conditions are met: