29
OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH
PERSON 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
D O N O T A L L O W T H E E X C L U S I O N
OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8) Acceptance and Termination. Nothing else
but this License (or another written agreement
between Licensor and You) grants You
permission to create Derivative Works based
upon the Original Work, and any attempt to
do so except under the terms of this License
(or another written agreement between
Licensor and You) is expressly prohibited
by U.S. copyright law, the equivalent laws
of other countries, and by international
treaty. Therefore, by exercising any of the
rights granted to You in Sections 1 and 2
herein, You indicate Your acceptance of this
License and all of its terms and conditions.
This license shall terminate immediately and
you may no longer exercise any of the rights
granted to You by this License upon Your
failure to honor the proviso in Section 1(c)
herein.
9) Mutual Termination for Patent Action.
This License shall terminate automatically
and You may no longer exercise any of the
rights granted to You by this License if You
file a lawsuit in any court alleging that any
OSI Certified open source software that is
licensed under any license containing this
“Mutual Termination for Patent Action” clause
infringes any patent claims that are essential
to use that software.
10) Jurisdiction, Venue and Governing Law.
You agree that any lawsuit arising under or
relating to this License shall be maintained
in the courts of the jurisdiction wherein
the Licensor resides or in which Licensor
conducts its primary business, and under
the laws of that jurisdiction excluding its
conflict-of-law provisions. The application of
the United Nations Convention on Contracts
for the International Sale of Goods is
expressly excluded. Any use of the Original
Work outside the scope of this License
or after its termination shall be subject to
the requirements and penalties of the U.S.
Copyright Act, 17 U.S.C. § 101 et seq.,
the equivalent laws of other countries, and
international treaty. This section shall survive
the termination of this License.
11) Attorneys Fees. In any action to enforce
the terms of this License or seeking damages
relating thereto, the prevailing party shall be
entitled to recover its costs and expenses,
including, without limitation, reasonable
attorneys’ fees and costs incurred in
connection with such action, including any
appeal of such action. This section shall
survive the termination of this License.
12) Miscellaneous. This License represents
the complete agreement concerning the
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.
13) Definition of “You” in This License. “You”
throughout this License, whether in upper
or lower case, 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
that controls, is controlled by, or is under
common control with you. For purposes of
this definition, “control” means (i) the power,
direct or indirect, to cause the direction or
management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding
shares, or (iii) beneficial ownership of such
entity.
This license is Copyright (C) 2002 Lawrence
E. Rosen. All rights reserved. Permission is
hereby granted to copy and distribute this
license without modification. This license may
not be modified without the express written
permission of its copyright owner.
Carnegie Mellon University
License
CMU libsasl
Tim Martin
MIM-D00A_DMS2_IB_E 33388-2_부록.indd 29
2011-08-17 오전 11:02:03