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APPENDIX
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is
not already Covered Code governed by this License), You must (a) rename Your license so that the phrases
"Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in
your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your ver-
sion of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling
in the name of the Initial Developer, Original Code or 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 COV-
ERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRING-
ING. 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 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 here-
in 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 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 distrib-
utors 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 NEGLI-
GENCE), 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 LIABILI-
TY 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.
