sudo: remove unnecessary patches

[unleashed-userland.git] / components / pconsole / pconsole.copyright

GNU GENERAL PUBLIC LICENSE 
Version 2, June 1991 

Copyright (C) 1989, 1991 Free Software Foundation, Inc. 
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA 
Everyone is permitted to copy and distribute verbatim copies 
of this license document, but changing it is not allowed. 

Preamble 

The licenses for most software are designed to take away your 
freedom to share and change it. By contrast, the GNU General Public 
License is intended to guarantee your freedom to share and change free 
software--to make sure the software is free for all its users. This 
General Public License applies to most of the Free Software 
Foundation's software and to any other program whose authors commit to 
using it. (Some other Free Software Foundation software is covered by 
the GNU Library General Public License instead.) You can apply it to 
your programs, too. 

When we speak of free software, we are referring to freedom, not 
price. Our General Public Licenses are designed to make sure that you 
have the freedom to distribute copies of free software (and charge for 
this service if you wish), that you receive source code or can get it 
if you want it, that you can change the software or use pieces of it 
in new free programs; and that you know you can do these things. 

To protect your rights, we need to make restrictions that forbid 
anyone to deny you these rights or to ask you to surrender the rights. 
These restrictions translate to certain responsibilities for you if you 
distribute copies of the software, or if you modify it. 

For example, if you distribute copies of such a program, whether 
gratis or for a fee, you must give the recipients all the rights that 
you have. You must make sure that they, too, receive or can get the 
source code. And you must show them these terms so they know their 
rights. 

We protect your rights with two steps: (1) copyright the software, and 
(2) offer you this license which gives you legal permission to copy, 
distribute and/or modify the software. 

Also, for each author's protection and ours, we want to make certain 
that everyone understands that there is no warranty for this free 
software. If the software is modified by someone else and passed on, we 
want its recipients to know that what they have is not the original, so 
that any problems introduced by others will not reflect on the original 
authors' reputations. 

Finally, any free program is threatened constantly by software 
patents. We wish to avoid the danger that redistributors of a free 
program will individually obtain patent licenses, in effect making the 
program proprietary. To prevent this, we have made it clear that any 
patent must be licensed for everyone's free use or not licensed at all. 

The precise terms and conditions for copying, distribution and 
modification follow. 
^L 
GNU GENERAL PUBLIC LICENSE 
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 

0. This License applies to any program or other work which contains 
a notice placed by the copyright holder saying it may be distributed 
under the terms of this General Public License. The "Program", below, 
refers to any such program or work, and a "work based on the Program" 
means either the Program or any derivative work under copyright law: 
that is to say, a work containing the Program or a portion of it, 
either verbatim or with modifications and/or translated into another 
language. (Hereinafter, translation is included without limitation in 
the term "modification".) Each licensee is addressed as "you". 

Activities other than copying, distribution and modification are not 
covered by this License; they are outside its scope. The act of 
running the Program is not restricted, and the output from the Program 
is covered only if its contents constitute a work based on the 
Program (independent of having been made by running the Program). 
Whether that is true depends on what the Program does. 

1. You may copy and distribute verbatim copies of the Program's 
source code as you receive it, in any medium, provided that you 
conspicuously and appropriately publish on each copy an appropriate 
copyright notice and disclaimer of warranty; keep intact all the 
notices that refer to this License and to the absence of any warranty; 
and give any other recipients of the Program a copy of this License 
along with the Program. 

You may charge a fee for the physical act of transferring a copy, and 
you may at your option offer warranty protection in exchange for a fee. 

2. You may modify your copy or copies of the Program or any portion 
of it, thus forming a work based on the Program, and copy and 
distribute such modifications or work under the terms of Section 1 
above, provided that you also meet all of these conditions: 
a) You must cause the modified files to carry prominent notices 
stating that you changed the files and the date of any change. 

b) You must cause any work that you distribute or publish, that in 
whole or in part contains or is derived from the Program or any 
part thereof, to be licensed as a whole at no charge to all third 
parties under the terms of this License. 

c) If the modified program normally reads commands interactively 
when run, you must cause it, when started running for such 
interactive use in the most ordinary way, to print or display an 
announcement including an appropriate copyright notice and a 
notice that there is no warranty (or else, saying that you provide 
a warranty) and that users may redistribute the program under 
these conditions, and telling the user how to view a copy of this 
License. (Exception: if the Program itself is interactive but 
does not normally print such an announcement, your work based on 
the Program is not required to print an announcement.) 
^L 
These requirements apply to the modified work as a whole. If 
identifiable sections of that work are not derived from the Program, 
and can be reasonably considered independent and separate works in 
themselves, then this License, and its terms, do not apply to those 
sections when you distribute them as separate works. But when you 
distribute the same sections as part of a whole which is a work based 
on the Program, the distribution of the whole must be on the terms of 
this License, whose permissions for other licensees extend to the 
entire whole, and thus to each and every part regardless of who wrote it. 
Thus, it is not the intent of this section to claim rights or contest 
your rights to work written entirely by you; rather, the intent is to 
exercise the right to control the distribution of derivative or 
collective works based on the Program. 

In addition, mere aggregation of another work not based on the Program 
with the Program (or with a work based on the Program) on a volume of 
a storage or distribution medium does not bring the other work under 
the scope of this License. 

3. You may copy and distribute the Program (or a work based on it, 
under Section 2) in object code or executable form under the terms of 
Sections 1 and 2 above provided that you also do one of the following: 

a) Accompany it with the complete corresponding machine-readable 
source code, which must be distributed under the terms of Sections 
1 and 2 above on a medium customarily used for software interchange; or, 

b) Accompany it with a written offer, valid for at least three 
years, to give any third party, for a charge no more than your 
cost of physically performing source distribution, a complete 
machine-readable copy of the corresponding source code, to be 
distributed under the terms of Sections 1 and 2 above on a medium 
customarily used for software interchange; or, 

c) Accompany it with the information you received as to the offer 
to distribute corresponding source code. (This alternative is 
allowed only for noncommercial distribution and only if you 
received the program in object code or executable form with such 
an offer, in accord with Subsection b above.) 

The source code for a work means the preferred form of the work for 
making modifications to it. For an executable work, complete source 
code means all the source code for all modules it contains, plus any 
associated interface definition files, plus the scripts used to 
control compilation and installation of the executable. However, as a 
special exception, the source code distributed need not include 
anything that is normally distributed (in either source or binary 
form) with the major components (compiler, kernel, and so on) of the 
operating system on which the executable runs, unless that component 
itself accompanies the executable. 

If distribution of executable or object code is made by offering 
access to copy from a designated place, then offering equivalent 
access to copy the source code from the same place counts as 
distribution of the source code, even though third parties are not 
compelled to copy the source along with the object code. 
^L 
4. You may not copy, modify, sublicense, or distribute the Program 
except as expressly provided under this License. Any attempt 
otherwise to copy, modify, sublicense or distribute the Program is 
void, and will automatically terminate your rights under this License. 
However, parties who have received copies, or rights, from you under 
this License will not have their licenses terminated so long as such 
parties remain in full compliance. 

5. You are not required to accept this License, since you have not 
signed it. However, nothing else grants you permission to modify or 
distribute the Program or its derivative works. These actions are 
prohibited by law if you do not accept this License. Therefore, by 
modifying or distributing the Program (or any work based on the 
Program), you indicate your acceptance of this License to do so, and 
all its terms and conditions for copying, distributing or modifying 
the Program or works based on it. 

6. Each time you redistribute the Program (or any work based on the 
Program), the recipient automatically receives a license from the 
original licensor to copy, distribute or modify the Program subject to 
these terms and conditions. You may not impose any further 
restrictions on the recipients' exercise of the rights granted herein. 
You are not responsible for enforcing compliance by third parties to 
this License. 

7. If, as a consequence of a court judgment or allegation of patent 
infringement or for any other reason (not limited to patent issues), 
conditions are imposed on you (whether by court order, agreement or 
otherwise) that contradict the conditions of this License, they do not 
excuse you from the conditions of this License. If you cannot 
distribute so as to satisfy simultaneously your obligations under this 
License and any other pertinent obligations, then as a consequence you 
may not distribute the Program at all. For example, if a patent 
license would not permit royalty-free redistribution of the Program by 
all those who receive copies directly or indirectly through you, then 
the only way you could satisfy both it and this License would be to 
refrain entirely from distribution of the Program. 

If any portion of this section is held invalid or unenforceable under 
any particular circumstance, the balance of the section is intended to 
apply and the section as a whole is intended to apply in other 
circumstances. 

It is not the purpose of this section to induce you to infringe any 
patents or other property right claims or to contest validity of any 
such claims; this section has the sole purpose of protecting the 
integrity of the free software distribution system, which is 
implemented by public license practices. Many people have made 
generous contributions to the wide range of software distributed 
through that system in reliance on consistent application of that 
system; it is up to the author/donor to decide if he or she is willing 
to distribute software through any other system and a licensee cannot 
impose that choice. 

This section is intended to make thoroughly clear what is believed to 
be a consequence of the rest of this License. 
^L 
8. If the distribution and/or use of the Program is restricted in 
certain countries either by patents or by copyrighted interfaces, the 
original copyright holder who places the Program under this License 
may add an explicit geographical distribution limitation excluding 
those countries, so that distribution is permitted only in or among 
countries not thus excluded. In such case, this License incorporates 
the limitation as if written in the body of this License. 

9. The Free Software Foundation may publish revised and/or new versions 
of the General Public License from time to time. Such new versions will 
be similar in spirit to the present version, but may differ in detail to 
address new problems or concerns. 

Each version is given a distinguishing version number. If the Program 
specifies a version number of this License which applies to it and "any 
later version", you have the option of following the terms and conditions 
either of that version or of any later version published by the Free 
Software Foundation. If the Program does not specify a version number of 
this License, you may choose any version ever published by the Free Software 
Foundation. 

10. If you wish to incorporate parts of the Program into other free 
programs whose distribution conditions are different, write to the author 
to ask for permission. For software which is copyrighted by the Free 
Software Foundation, write to the Free Software Foundation; we sometimes 
make exceptions for this. Our decision will be guided by the two goals 
of preserving the free status of all derivatives of our free software and 
of promoting the sharing and reuse of software generally. 

NO WARRANTY 

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY 
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN 
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES 
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED 
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS 
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE 
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, 
REPAIR OR CORRECTION. 

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING 
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR 
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, 
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING 
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED 
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY 
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER 
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE 
POSSIBILITY OF SUCH DAMAGES. 

END OF TERMS AND CONDITIONS 
^L 
How to Apply These Terms to Your New Programs 

If you develop a new program, and you want it to be of the greatest 
possible use to the public, the best way to achieve this is to make it 
free software which everyone can redistribute and change under these terms. 

To do so, attach the following notices to the program. It is safest 
to attach them to the start of each source file to most effectively 
convey the exclusion of warranty; and each file should have at least 
the "copyright" line and a pointer to where the full notice is found. 

<one line to give the program's name and a brief idea of what it does.> 
Copyright (C) <year> <name of author> 

This program is free software; you can redistribute it and/or modify 
it under the terms of the GNU General Public License as published by 
the Free Software Foundation; either version 2 of the License, or 
(at your option) any later version. 

This program is distributed in the hope that it will be useful, 
but WITHOUT ANY WARRANTY; without even the implied warranty of 
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the 
GNU General Public License for more details. 

You should have received a copy of the GNU General Public License 
along with this program; if not, write to the Free Software 
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA 


Also add information on how to contact you by electronic and paper mail. 

If the program is interactive, make it output a short notice like this 
when it starts in an interactive mode: 

Gnomovision version 69, Copyright (C) year name of author 
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. 
This is free software, and you are welcome to redistribute it 
under certain conditions; type `show c' for details. 

The hypothetical commands `show w' and `show c' should show the appropriate 
parts of the General Public License. Of course, the commands you use may 
be called something other than `show w' and `show c'; they could even be 
mouse-clicks or menu items--whatever suits your program. 

You should also get your employer (if you work as a programmer) or your 
school, if any, to sign a "copyright disclaimer" for the program, if 
necessary. Here is a sample; alter the names: 

Yoyodyne, Inc., hereby disclaims all copyright interest in the program 
`Gnomovision' (which makes passes at compilers) written by James Hacker. 

<signature of Ty Coon>, 1 April 1989 
Ty Coon, President of Vice 

This General Public License does not permit incorporating your program into 
proprietary programs. If your program is a subroutine library, you may 
consider it more useful to permit linking proprietary applications with the 
library. If this is what you want to do, use the GNU Library General 
Public License instead of this License. 

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1.      Definitions.
1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.
1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.
1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.
1.4. “Executable” means the Covered Software in any form other than Source Code.
1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.
1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1.7. “License” means this document.
1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. “Modifications” means the Source Code and Executable form of any of the following:
      A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;
      B. Any new file that contains any part of the Original Software or previous Modification; or
      C. Any new file that is contributed or otherwise made available under the terms of this License.
1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.
1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.
1.13. “You” (or “Your”) 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 which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
 (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and
 (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).
 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.
 (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
 (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
 (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).
 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.
 (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. 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. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software 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.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.
7. 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 SOFTWARE, 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.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) 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 Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.
9. 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 the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, 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. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.
10. 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.
________________________________________
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
The OpenSolaris code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.