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4. Section 11 of the OPL.html:
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, 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:
a. unless otherwise agreed in writing,
all disputes relating to this License
(excepting any dispute relating to
intellectual property rights) shall be
subject to final and binding arbitration,
with the losing party paying all costs of
arbitration;
b. any arbitration relating to this
Agreement shall be held in San
Francisco County, California, under the
auspices of JAMS/EndDispute; and
c . a n y l i t i g a t i o n re l a t i n g t o t h i s
Agreement shall be subject to the
jurisdiction of the Federal Courts of
the Northern District of California,
with venue lying in San Francisco
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.
5. Exhibit A
“The contents of this file are subject to the
Enhydra Public License Version 1.1 (the
“License”); you may not use this file except in
compliance with the License. You may obtain
a copy of the License on the Enhydra web
site (http://www.enhydra.org).
Software distributed under the License is
distributed on an “AS IS” basis, WITHOUT
WARRANTY OF ANY KIND, either express
or implied. See the License for the specific
terms governing rights and limitations under
the License.
The Initial Developer of the Enhydra
Application Server is Lutris Technologies, Inc.
The Enhydra Application Server and portions
created by Lutris Technologies, Inc. are
Copyright Lutris Technologies, Inc. All Rights
Reserved.
Contributor(s): _______________________. "
6. Exhibit B
Part of the software embedded in this
p r o d u c t i s E n h y d r a ( J a v a [ T M ] / X M L
Application Server), a trademark of Lutris
Technologies Inc.
Portions created by Lutris are Copyright
1997-2000 Lutris Technologies (http://www.
lutris.com). All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS
IN PART PROVIDED BY LUTRIS AND ANY
EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO,
T H E I M P L I E D W A R R A N T I E S O F
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED.
IN NO EVENT SHALL THE AUTHOR BE
LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
7. Trademarks
You shall not remove or alter any Lutris or
Enhydra trademark or trade name placed
in the Original Code by Lutris. All copies
of the Covered Code distributed by You
shall include any such Lutris and Enhydra
trademarks and trade names, as well as all
required notices provided for in Sections 3.5
and 3.6. Except for the foregoing obligation,
You are granted no rights to reproduce or
display any Lutris or Enhydra trademarks or
trade names.
8. Section 1.10 of OPL
The following shall be added to section
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2011-08-17 오전 11:02:02