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distributor hereunder
prior to termination shall survive termination.
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.
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.
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.
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
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