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license so that
the phrases "Mozilla", "MOZILLAPL", "MOZPL",
"Netscape",
"MPL", "NPL" or any confusingly similar phrase do not
appear in your
license (except to note that your license differs from this
License)
and (b) otherwise make it clear that Your version of the
license
contains terms which differ from the Mozilla Public License
and
Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice
described in
Exhibit A shall not of themselves be deemed to be
modifications of
this License.)
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.
8.1. 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:
(a) 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.
(b) any software, hardware, or device, other than such
Participant's
Contributor Version, directly or indirectly infringes any
patent, then
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