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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 declaratory 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claim is not withdrawn, the rights granted by Participant to You 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 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 San Mateo 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 SPL or the alternative licenses, if any, 
specified by the Initial Developer in the file described in Exhibit A. 
II. Socialtext Public License 1.0.0 - Exhibit A 
 
The contents of this file are subject to the Socialtext Public License 
Version 1.0.0 ("License"); You may not use this file except in 
compliance with the License. You may obtain a copy of the License 
at http://www.socialtext.net/stoss/ 
 
Software distributed under the License is distributed on an "AS IS"