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466 lines
24 KiB
Plaintext
466 lines
24 KiB
Plaintext
INTERBASE PUBLIC LICENSE
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Version 1.0
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1. Definitions.
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1.0.1. "Commercial Use" means distribution or otherwise making the Covered
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Code available to a third party.
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1.1. ''Contributor'' means each entity that creates or contributes to the
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creation of Modifications.
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1.2. ''Contributor Version'' means the combination of the Original Code, prior
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Modifications used by a Contributor, and the Modifications made by that particular
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Contributor.
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1.3. ''Covered Code'' means the Original Code or Modifications or the combination
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of the Original Code and Modifications, in each case including portions thereof.
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1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted
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in the software development community for the electronic transfer of data.
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1.5. ''Executable'' means Covered Code in any form other than Source Code.
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1.6. ''Initial Developer'' means the individual or entity identified as the
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Initial Developer in the Source Code notice required by Exhibit A.
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1.7. ''Larger Work'' means a work which combines Covered Code or portions
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thereof with code not governed by the terms of this License.
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1.8. ''License'' means this document.
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1.8.1. "Licensable" means having the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently acquired,
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any and all of the rights conveyed herein.
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1.9. ''Modifications'' means any addition to or deletion from the substance
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or structure of either the Original Code or any previous Modifications. When
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Covered Code is released as a series of files, a Modification is:
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A. Any addition to or deletion from the contents of a file containing Original
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Code or previous Modifications.
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B. Any new file that contains any part of the Original Code or previous Modifications.
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1.10. ''Original Code'' means Source Code of computer software code which
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is described in the Source Code notice required by Exhibit A as Original Code,
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and which, at the time of its release under this License is not already Covered
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Code governed by this License.
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1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
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acquired, including without limitation, method, process, and apparatus claims,
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in any patent Licensable by grantor.
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1.11. ''Source Code'' means the preferred form of the Covered Code for making
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modifications to it, including all modules it contains, plus any associated
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interface definition files, scripts used to control compilation and installation
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of an Executable, or source code differential comparisons against either the
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Original Code or another well known, available Covered Code of the Contributor's
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choice. The Source Code can be in a compressed or archival form, provided
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the appropriate decompression or de-archiving software is widely available
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for no charge.
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1.12. "You'' (or "Your") means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License or a future
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version of this License issued under Section 6.1. For legal entities, "You''
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includes any entity which controls, is controlled by, or is under common control
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with You. For purposes of this definition, "control'' means (a) the power,
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direct or indirect, to cause the direction or management of such entity, whether
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by contract or otherwise, or (b) ownership of more than fifty percent (50%)
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of the outstanding shares or beneficial ownership of such entity.
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2. Source Code License.
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2.1. The Initial Developer Grant.
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The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property claims:
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Initial Developer to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or without Modifications,
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and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling of Original
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Code, to make, have made, use, practice, sell, and offer for sale, and/or
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otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective on the
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date Initial Developer first distributes Original Code under the terms of
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this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
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for code that You delete from the Original Code; 2) separate from the Original
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Code; or 3) for infringements caused by: i) the modification of the Original
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Code or ii) the combination of the Original Code with other software or devices.
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2.2. Contributor Grant.
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Subject to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license
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(a) under intellectual property rights (other than patent or trademark) Licensable
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by Contributor, to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions thereof)
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either on an unmodified basis, with other Modifications, as Covered Code and/or
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as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of Modifications
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made by that Contributor either alone and/or in combination with its Contributor
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Version (or portions of such combination), to make, use, sell, offer for sale,
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have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
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(or portions thereof); and 2) the combination of Modifications made by that
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Contributor with its Contributor Version (or portions of such combination).
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(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
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date Contributor first makes Commercial Use of the Covered Code.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
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for any code that Contributor has deleted from the Contributor Version; 2)
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separate from the Contributor Version; 3) for infringements caused by: i)
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third party modifications of Contributor Version or ii) the combination of
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Modifications made by that Contributor with other software (except as part
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of the Contributor Version) or other devices; or 4) under Patent Claims infringed
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by Covered Code in the absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Application of License.
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The Modifications which You create or to which You contribute are governed
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by the terms of this License, including without limitation Section 2.2. The
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Source Code version of Covered Code may be distributed only under the terms
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of this License or a future version of this License released under Section
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6.1, and You must include a copy of this License with every copy of the Source
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Code You distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License or
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the recipients' rights hereunder. However, You may include an additional document
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offering the additional rights described in Section 3.5.
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3.2. Availability of Source Code.
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Any Modification which You create or to which You contribute must be made
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available in Source Code form under the terms of this License either on the
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same media as an Executable version or via an accepted Electronic Distribution
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Mechanism to anyone to whom you made an Executable version available; and
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if made available via Electronic Distribution Mechanism, must remain available
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for at least twelve (12) months after the date it initially became available,
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or at least six (6) months after a subsequent version of that particular Modification
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has been made available to such recipients. You are responsible for ensuring
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that the Source Code version remains available even if the Electronic Distribution
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Mechanism is maintained by a third party.
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3.3. Description of Modifications.
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You must cause all Covered Code to which You contribute to contain a file
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documenting the changes You made to create that Covered Code and the date
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of any change. You must include a prominent statement that the Modification
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is derived, directly or indirectly, from Original Code provided by the Initial
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Developer and including the name of the Initial Developer in (a) the Source
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Code, and (b) in any notice in an Executable version or related documentation
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in which You describe the origin or ownership of the Covered Code.
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3.4. Intellectual Property Matters
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(a) Third Party Claims.
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If Contributor has knowledge that a license under a third party's intellectual
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property rights is required to exercise the rights granted by such Contributor
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under Sections 2.1 or 2.2, Contributor must include a text file with the Source
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Code distribution titled "LEGAL'' which describes the claim and the party
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making the claim in sufficient detail that a recipient will know whom to contact.
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If Contributor obtains such knowledge after the Modification is made available
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as described in Section 3.2, Contributor shall promptly modify the LEGAL file
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in all copies Contributor makes available thereafter and shall take other
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steps (such as notifying appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code that new knowledge
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has been obtained.
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(b) Contributor APIs.
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If Contributor's Modifications include an application programming interface
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and Contributor has knowledge of patent licenses which are reasonably necessary
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to implement that API, Contributor must also include this information in the
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LEGAL file.
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(c) Representations.
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Contributor represents that, except as disclosed pursuant to Section 3.4(a)
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above, Contributor believes that Contributor's Modifications are Contributor's
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original creation(s) and/or Contributor has sufficient rights to grant the
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rights conveyed by this License.
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3.5. Required Notices.
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You must duplicate the notice in Exhibit A in each file of the Source Code.
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If it is not possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a location (such
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as a relevant directory) where a user would be likely to look for such a notice.
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If You created one or more Modification(s) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also duplicate this License
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in any documentation for the Source Code where You describe recipients' rights
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or ownership rights relating to Covered Code. You may choose to offer, and
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to charge a fee for, warranty, support, indemnity or liability obligations
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to one or more recipients of Covered Code. However, You may do so only on
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Your own behalf, and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear than any such warranty, support, indemnity
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or liability obligation is offered by You alone, and You hereby agree to indemnify
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the Initial Developer and every Contributor for any liability incurred by
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the Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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3.6. Distribution of Executable Versions.
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You may distribute Covered Code in Executable form only if the requirements
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of Section 3.1-3.5 have been met for that Covered Code, and if You include
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a notice stating that the Source Code version of the Covered Code is available
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under the terms of this License, including a description of how and where
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You have fulfilled the obligations of Section 3.2. The notice must be conspicuously
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included in any notice in an Executable version, related documentation or
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collateral in which You describe recipients' rights relating to the Covered
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Code. You may distribute the Executable version of Covered Code or ownership
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rights under a license of Your choice, which may contain terms different from
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this License, provided that You are in compliance with the terms of this License
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and that the license for the Executable version does not attempt to limit
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or alter the recipient's rights in the Source Code version from the rights
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set forth in this License. If You distribute the Executable version under
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a different license You must make it absolutely clear that any terms which
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differ from this License are offered by You alone, not by the Initial Developer
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or any Contributor. You hereby agree to indemnify the Initial Developer and
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every Contributor for any liability incurred by the Initial Developer or such
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Contributor as a result of any such terms You offer.
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3.7. Larger Works.
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You may create a Larger Work by combining Covered Code with other code not
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governed by the terms of this License and distribute the Larger Work as a
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single product. In such a case, You must make sure the requirements of this
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License are fulfilled for the Covered Code.
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4. Inability to Comply Due to Statute or Regulation.
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Code due to statute, judicial order,
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or regulation then You must: (a) comply with the terms of this License to
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the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be included in the LEGAL file described
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in Section 3.4 and must be included with all distributions of the Source Code.
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Except to the extent prohibited by statute or regulation, such description
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must be sufficiently detailed for a recipient of ordinary skill to be able
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to understand it.
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5. Application of this License.
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This License applies to code to which the Initial Developer has attached the
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notice in Exhibit A and to related Covered Code.
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6. Versions of the License.
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6.1. New Versions.
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Borland Software Corporation (''Interbase'') may publish revised and/or new
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versions of the License from time to time. Each version will be given a distinguishing
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version number.
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6.2. Effect of New Versions.
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Once Covered Code has been published under a particular version of the License,
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You may always continue to use it under the terms of that version. You may
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also choose to use such Covered Code under the terms of any subsequent version
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of the License published by Interbase. No one other than Interbase has the
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right to modify the terms applicable to Covered Code created under this License.
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6.3. Derivative Works.
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If You create or use a modified version of this License (which you may only
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do in order to apply it to code which is not already Covered Code governed
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by this License), You must (a) rename Your license so that the phrases ''Mozilla'',
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''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL", "Interbase", "ISC",
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"IB'' or any confusingly similar phrase do not appear in your license (except
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to note that your license differs from this License) and (b) otherwise make
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it clear that Your version of the license contains terms which differ from
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the Mozilla Public License and Netscape Public License. (Filling in the name
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of the Initial Developer, Original Code or Contributor in the notice described
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in Exhibit A shall not of themselves be deemed to be modifications of this
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License.)
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6.4 Origin of the Interbase Public License.
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The Interbase public license is based on the Mozilla Public License V 1.1
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with the following changes:
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The license is published by Borland Software Corporation. Only Borland Software
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Corporation can modify the terms applicable to Covered Code.
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The license can be modified used for code which is not already governed by
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this license. Modified versions of the license must be renamed to avoid confusion
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with Netscape?s or Interbase Software?s license and must include a description
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of changes from the Interbase Public License.
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The name of the license in Exhibit A is the "Interbase Public License".
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The reference to an alternative license in Exhibit A has been removed.
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Amendments I, II, III, V, and VI have been deleted.
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Exhibit A, Netscape Public License has been deleted
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A new amendment (II) has been added, describing the required and restricted
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rights to use the trademarks of Borland Software Corporation
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7. DISCLAIMER OF WARRANTY.
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
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A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
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ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
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CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8. TERMINATION.
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8.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. All sublicenses to the Covered Code
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which are properly granted shall survive any termination of this License.
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Provisions which, by their nature, must remain in effect beyond the termination
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of this License shall survive.
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8.2. If You initiate litigation by asserting a patent infringement claim (excluding
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declatory judgment actions) against Initial Developer or a Contributor (the
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Initial Developer or Contributor against whom You file such action is referred
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to as "Participant") alleging that:
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(a) such Participant's Contributor Version directly or indirectly infringes
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any patent, then any and all rights granted by such Participant to You under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
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terminate prospectively, unless if within 60 days after receipt of notice
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You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
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royalty for Your past and future use of Modifications made by such Participant,
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or (ii) withdraw Your litigation claim with respect to the Contributor Version
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against such Participant. If within 60 days of notice, a reasonable royalty
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and payment arrangement are not mutually agreed upon in writing by the parties
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or the litigation claim is not withdrawn, the rights granted by Participant
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to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
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of the 60 day notice period specified above.
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(b) any software, hardware, or device, other than such Participant's Contributor
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Version, directly or indirectly infringes any patent, then any rights granted
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to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
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as of the date You first made, used, sold, distributed, or had made, Modifications
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made by that Participant.
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8.3. If You assert a patent infringement claim against Participant alleging
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that such Participant's Contributor Version directly or indirectly infringes
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any patent where such claim is resolved (such as by license or settlement)
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prior to the initiation of patent infringement litigation, then the reasonable
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value of the licenses granted by such Participant under Sections 2.1 or 2.2
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shall be taken into account in determining the amount or value of any payment
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or license.
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8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
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user license agreements (excluding distributors and resellers) which have
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been validly granted by You or any distributor hereunder prior to termination
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shall survive termination.
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9. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
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OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
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FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
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AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
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BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
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SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
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OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
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YOU.
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10. U.S. GOVERNMENT END USERS.
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The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial
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computer software documentation,'' as such terms are used in 48 C.F.R. 12.212
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
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227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
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with only those rights set forth herein.
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11. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by California law provisions (except to the extent
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applicable law, if any, provides otherwise), excluding its conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen
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of, or an entity chartered or registered to do business in the United States
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of America, any litigation relating to this License shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of California,
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with venue lying in Santa Clara County, California, with the losing party
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responsible for costs, including without limitation, court costs and reasonable
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attorneys' fees and expenses. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded. Any
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law or regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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12. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible
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for claims and damages arising, directly or indirectly, out of its utilization
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of rights under this License and You agree to work with Initial Developer
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and Contributors to distribute such responsibility on an equitable basis.
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Nothing herein is intended or shall be deemed to constitute any admission
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of liability.
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13. MULTIPLE-LICENSED CODE.
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Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
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"Multiple-Licensed" means that the Initial Developer permits you to utilize
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portions of the Covered Code under Your choice of the NPL or the alternative
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licenses, if any, specified by the Initial Developer in the file described
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in Exhibit A.
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EXHIBIT A - InterBase Public License.
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" The contents of this file are subject to the Interbase Public License Version
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1.0 (the "License"); you may not use this file except in compliance with the
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License. You may obtain a copy of the License at http://www.Interbase.com/IPL.html
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Software distributed under the License is distributed on an "AS IS" basis,
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WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
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the specific language governing rights and limitations under the License.
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The Original Code was created by InterBase Software Corp and its successors.
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Portions created by Borland/Inprise are Copyright (C) Borland/Inprise. All
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Rights Reserved.
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Contributor(s): ______________________________________ .
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AMENDMENTS
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I. InterBase and logo. This License does not grant any rights to use the trademarks
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"Interbase'', "Java" or "JavaScript" even if such marks are included in the
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Original Code or Modifications.
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II. Trademark Usage.
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II.1. Advertising Materials. All advertising materials mentioning features
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or use of the covered Code must display the following acknowledgement: "This
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product includes software developed by Borland Software Corp. "
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II.2. Endorsements. The names "InterBase," "ISC," and "IB" must not be used
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to endorse or promote Contributor Versions or Larger Works without the prior
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written permission of Interbase.
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II.3. Product Names. Contributor Versions and Larger Works may not be called
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"InterBase" or "Interbase" nor may the word "InterBase" appear in their names
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without the prior written permission of Interbase.
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