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Contributor in the notice described in Exhibit A shall not of themselves be deemed to be 
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, ORIGINAL 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, Original Developer or a Contributor (the Initial 
Developer, Original 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not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 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 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, ORIGINAL 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, Original 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, Original 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 CPAL or the alternative licenses, if any, specified by the Initial 
Developer in the file described in Exhibit A.

14. ADDITIONAL TERM: ATTRIBUTION

(a) As a modest attribution to the organizer of the development of the Original Code ("Original 
Developer"), in the hope that its promotional value may help justify the time, money and effort 
invested in writing the Original Code, the Original Developer may include in Exhibit B 
("Attribution Information") a requirement that each time an Executable and Source Code or a Larger 
Work is launched or initially run (which includes initiating a session), a prominent display of 
the Original Developer’s Attribution Information (as defined below) must occur on the graphic user 
interface employed by the end user to access such Covered Code (which may include display on a 
splash screen), if any. The size of the graphic image should be consistent with the size of the 
other elements of the Attribution Information. If the access by the end user to the Executable and 
Source Code does not create a graphic user interface for access to the Covered Code, this 
obligation shall not apply. If the Original Code displays such Attribution Information in a 
particular form (such as in the form of a splash screen, notice at login, an "about" display, or 
dedicated attribution area on user interface screens), continued use of such form for that 
Attribution Information is one way of meeting this requirement for notice.