Users Guide

modifications of this License.) 7. DISCLAIMER OF WARRANTY COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN
"AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.
SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. Termination 8.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of
the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License.
Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2. If You initiate
litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:
such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually
agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty
and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the
rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice
period specified above. any software, hardware, or device, other than such Participant's Contributor Version, directly or
indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked
effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 8.3. If You
assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly
infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such 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 provisions. 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. Nothing herein is intended or shall be
deemed to constitute any admission of liability. 13. Multiple-licensed code Initial Developer may designate portions of the
Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the
Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file
described in Exhibit A. Exhibit A - Mozilla Public License. "The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the
License at https://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 rights and limitations
under the License. The Original Code is ______________________________________. The Initial Developer of the Original
Code is ________________________. Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved. Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case
Third party licenses
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