Bio-Prospect

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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 liability for death or personal 
injury resulting from Licensor'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.  

9) Acceptance and Termination. If You distribute  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.  Nothing else but this License (or another written agreement 
between Licensor and You) grants You permission to create Derivative Works 
based upon the Original Work or to exercise any of the rights granted in 
Section 1 herein, and any attempt to do so except under the terms of this 
License (or another written agreement between Licensor and You) is 
expressly prohibited by U.S. copyright law, the equivalent laws of other 
countries, and by international treaty.  Therefore, by exercising any of 
the rights granted to You in Section 1 herein, You indicate Your acceptance 
of this License and all of its terms and conditions.    

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, for patent infringement (i) against Licensor 
with respect to a patent applicable to software or (ii) against any entity 
with respect to a patent applicable to the Original Work (but excluding 
combinations of the Original Work with other software or hardware).    

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 the U.S. Copyright 
Act, 17 U.S.C. ¤ 101 et seq., the equivalent laws of other countries, and 
international treaty.  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. This License represents the complete agreement 
concerning the 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.    

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.    

This license is Copyright (C) 2003 Lawrence E. Rosen.  All rights reserved. 
 Permission is hereby granted to copy and distribute this license without 
modification.  This license may not be modified without the express written 
permission of its copyright owner. 



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