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421 строка
20 KiB
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<TITLE>Mozilla Public License version 1.0</TITLE>
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<BODY BGCOLOR="#FFFFFF" TEXT="#000000"
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LINK="#0000EE" VLINK="#551A8B" ALINK="#FF0000">
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<P ALIGN=CENTER>
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<FONT SIZE="+2"><B>MOZILLA PUBLIC LICENSE</B></FONT><BR>
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<B>Version 1.0</B>
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</P>
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<P><HR WIDTH="20%"><P>
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<P><B>1. Definitions.</B>
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<UL>
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<B>1.1. ``Contributor''</B> means each entity that creates or contributes
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to the creation of Modifications.
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<P><B>1.2. ``Contributor Version''</B> means the combination of the
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Original Code, prior Modifications used by a Contributor, and the
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Modifications made by that particular Contributor.
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<P><B>1.3. ``Covered Code''</B> means the Original Code or Modifications
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or the combination of the Original Code and Modifications, in each case
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including portions thereof<B>.</B>
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<P><B>1.4. ``Electronic Distribution Mechanism''</B> means a mechanism
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generally accepted in the software development community for the
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electronic transfer of data.
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<P><B>1.5. ``Executable''</B> means Covered Code in any form other than
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Source Code.
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<P><B>1.6. ``Initial Developer''</B> means the individual or entity
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identified as the Initial Developer in the Source Code notice required by
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<B>Exhibit A</B>.
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<P><B>1.7. ``Larger Work''</B> means a work which combines Covered Code
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or portions thereof with code not governed by the terms of this License.
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<P><B>1.8. ``License''</B> means this document.
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<P><B>1.9. ``Modifications''</B> means any addition to or deletion from
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the substance or structure of either the Original Code or any previous
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Modifications. When Covered Code is released as a series of files, a
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Modification is:
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<UL>
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<P><B>A.</B> Any addition to or deletion from the contents of a file
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containing Original Code or previous Modifications.
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<P><B>B.</B> Any new file that contains any part of the Original
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Code or previous Modifications.
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</UL>
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<P><B>1.10. ``Original Code''</B> means Source Code of computer software
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code which is described in the Source Code notice required by <B>Exhibit
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A</B> as Original Code, and which, at the time of its release under this
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License is not already Covered Code governed by this License.
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<P><B>1.11. ``Source Code''</B> means the preferred form of the Covered
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Code for making modifications to it, including all modules it contains,
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plus any associated interface definition files, scripts used to control
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compilation and installation of an Executable, or a list of source code
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differential comparisons against either the Original Code or another well
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known, available Covered Code of the Contributor's choice. The Source
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Code can be in a compressed or archival form, provided the appropriate
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decompression or de-archiving software is widely available for no charge.
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<P><B>1.12. ``You''</B> means an individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License or a
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future version of this License issued under Section 6.1. For legal
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entities, ``You'' includes any entity which controls, is controlled by,
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or is under common control with You. For purposes of this definition,
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``control'' means (a) the power, direct or indirect, to cause the
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direction or management of such entity, whether by contract or otherwise,
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or (b) ownership of fifty percent (50%) or more of the outstanding shares
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or beneficial ownership of such entity.
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</UL>
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<B>2. Source Code License.</B>
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<UL>
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<B>2.1. The Initial Developer Grant.</B>
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<BR>The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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<UL>
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<P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense
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and distribute the Original Code (or portions thereof) with or
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without Modifications, or as part of a Larger Work; and
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<P><B>(b)</B> under patents now or hereafter owned or controlled by
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Initial Developer, to make, have made, use and sell (``Utilize'') the
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Original Code (or portions thereof), but solely to the extent that
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any such patent is reasonably necessary to enable You to Utilize the
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Original Code (or portions thereof) and not to any greater extent
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that may be necessary to Utilize further Modifications or
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combinations.
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</UL>
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<P><B>2.2. Contributor Grant.</B>
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<BR>Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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<UL>
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<P><B>(a)</B> to use, reproduce, modify, display, perform, sublicense and
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distribute the Modifications created by such Contributor (or portions
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thereof) either on an unmodified basis, with other Modifications, as
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Covered Code or as part of a Larger Work; and
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<P><B>(b)</B> under patents now or hereafter owned or controlled by
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Contributor, to Utilize the Contributor Version (or portions thereof),
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but solely to the extent that any such patent is reasonably necessary to
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enable You to Utilize the Contributor Version (or portions thereof), and
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not to any greater extent that may be necessary to Utilize further
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Modifications or combinations.
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</UL>
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</UL>
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<B>3. Distribution Obligations.</B>
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<UL>
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<B>3.1. Application of License.</B>
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<BR>The Modifications which You create or to which You contribute are
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governed by the terms of this License, including without limitation
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Section <B>2.2</B>. The Source Code version of Covered Code may be
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distributed only under the terms of this License or a future version of
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this License released under Section <B>6.1</B>, and You must include a
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copy of this License with every copy of the Source Code You
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distribute. You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of this License
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or the recipients' rights hereunder. However, You may include an
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additional document offering the additional rights described in Section
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<B>3.5</B>.
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<P><B>3.2. Availability of Source Code.</B>
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<BR>Any Modification which You create or to which You contribute must be
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made available in Source Code form under the terms of this License either
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on the same media as an Executable version or via an accepted Electronic
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Distribution Mechanism to anyone to whom you made an Executable version
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available; and if made available via Electronic Distribution Mechanism,
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must remain available for at least twelve (12) months after the date it
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initially became available, or at least six (6) months after a subsequent
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version of that particular Modification has been made available to such
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recipients. You are responsible for ensuring that the Source Code version
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remains available even if the Electronic Distribution Mechanism is
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maintained by a third party.
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<P><B>3.3. Description of Modifications.</B>
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<BR>You must cause all Covered Code to which you contribute to contain a
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file documenting the changes You made to create that Covered Code and the
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date of any change. You must include a prominent statement that the
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Modification is derived, directly or indirectly, from Original Code
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provided by the Initial Developer and including the name of the Initial
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Developer in (a) the Source Code, and (b) in any notice in an Executable
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version or related documentation in which You describe the origin or
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ownership of the Covered Code.
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<P><B>3.4. Intellectual Property Matters</B>
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<UL>
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<P><B>(a) Third Party Claims</B>.
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<BR>If You have knowledge that a party claims an intellectual
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property right in particular functionality or code (or its
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utilization under this License), you must include a text file with
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the source code distribution titled ``LEGAL'' which describes the
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claim and the party making the claim in sufficient detail that a
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recipient will know whom to contact. If you obtain such knowledge
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after You make Your Modification available as described in Section
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<B>3.2</B>, You shall promptly modify the LEGAL file in all copies
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You make available thereafter and shall take other steps (such as
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notifying appropriate mailing lists or newsgroups) reasonably
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calculated to inform those who received the Covered Code that new
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knowledge has been obtained.
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<P><B>(b) Contributor APIs</B>.
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<BR>If Your Modification is an application programming interface and
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You own or control patents which are reasonably necessary to
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implement that API, you must also include this information in the
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LEGAL file.
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</UL>
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<P><B>3.5. Required Notices.</B>
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<BR>You must duplicate the notice in <B>Exhibit A</B> in each file of the
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Source Code, and this License in any documentation for the Source Code,
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where You describe recipients' rights relating to Covered Code. If You
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created one or more Modification(s), You may add your name as a
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Contributor to the notice described in <B>Exhibit A</B>. If it is not
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possible to put such notice in a particular Source Code file due to its
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structure, then you must include such notice in a location (such as a
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relevant directory file) where a user would be likely to look for such a
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notice. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of
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Covered Code. However, You may do so only on Your own behalf, and not on
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behalf of the Initial Developer or any Contributor. You must make it
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absolutely clear than any such warranty, support, indemnity or liability
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obligation is offered by You alone, and You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.
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<P><B>3.6. Distribution of Executable Versions.</B>
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<BR>You may distribute Covered Code in Executable form only if the
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requirements of Section <B>3.1-3.5</B> have been met for that Covered
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Code, and if You include a notice stating that the Source Code version of
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the Covered Code is available under the terms of this License, including
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a description of how and where You have fulfilled the obligations of
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Section <B>3.2</B>. The notice must be conspicuously included in any
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notice in an Executable version, related documentation or collateral in
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which You describe recipients' rights relating to the Covered Code. You
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may distribute the Executable version of Covered Code under a license of
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Your choice, which may contain terms different from this License,
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provided that You are in compliance with the terms of this License and
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that the license for the Executable version does not attempt to limit or
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alter the recipient's rights in the Source Code version from the rights
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set forth in this License. If You distribute the Executable version under
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a different license You must make it absolutely clear that any terms
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which differ from this License are offered by You alone, not by the
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Initial Developer or any Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of any such terms You
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offer.
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<P><B>3.7. Larger Works.</B>
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<BR>You may create a Larger Work by combining Covered Code with other
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code not governed by the terms of this License and distribute the Larger
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Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Code.
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</UL>
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<B>4. Inability to Comply Due to Statute or Regulation.</B>
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<UL>
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<P>If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Covered Code due to statute or
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regulation then You must: (a) comply with the terms of this License to
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the maximum extent possible; and (b) describe the limitations and the
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code they affect. Such description must be included in the LEGAL file
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described in Section <B>3.4</B> and must be included with all
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distributions of the Source Code. Except to the extent prohibited by
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statute or regulation, such description must be sufficiently detailed for
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a recipient of ordinary skill
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to be able to understand it.
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</UL>
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<B>5. Application of this License.</B>
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<UL>
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This License applies to code to which the Initial Developer has attached
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the notice in <B>Exhibit A</B>, and to related Covered Code.
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</UL>
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<B>6. Versions of the License.</B>
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<UL>
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<B>6.1. New Versions</B>.
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<BR>Netscape Communications Corporation (``Netscape'') may publish
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revised and/or new versions of the License from time to time. Each
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version will be given a distinguishing version number.
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<P><B>6.2. Effect of New Versions</B>.
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<BR>Once Covered Code has been published under a particular version of
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the License, You may always continue to use it under the terms of that
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version. You may also choose to use such Covered Code under the terms of
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any subsequent version of the License published by Netscape. No one other
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than Netscape has the right to modify the terms applicable to Covered
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Code created under this License.
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<P><B>6.3. Derivative Works</B>.
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<BR>If you create or use a modified version of this License (which you
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may only do in order to apply it to code which is not already Covered
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Code governed by this License), you must (a) rename Your license so that
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the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL''
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or any confusingly similar phrase do not appear anywhere in your license
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and (b) otherwise make it clear that your version of the license contains
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terms which differ from the Mozilla Public License and Netscape Public
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License. (Filling in the name of the Initial Developer, Original Code or
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Contributor in the notice described in <B>Exhibit A</B> shall not of
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themselves be deemed to be modifications of this License.)
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</UL>
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<B>7. DISCLAIMER OF WARRANTY.</B>
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<UL>
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COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE
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RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH
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YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
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NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
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CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE
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IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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</UL>
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<B>8. TERMINATION.</B>
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<UL>
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This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All
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sublicenses to the Covered Code which are properly granted shall survive
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any termination of this License. Provisions which, by their nature, must
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remain in effect beyond the termination of this License shall survive.
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</UL>
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<B>9. LIMITATION OF LIABILITY.</B>
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<UL>
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY
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OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
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ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
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INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
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INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
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OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL
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NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
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OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION
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MAY NOT APPLY TO YOU.
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</UL>
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<B>10. U.S. GOVERNMENT END USERS.</B>
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<UL>
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The Covered Code is a ``commercial item,'' as that term is defined in 48
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C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software''
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and ``commercial computer software documentation,'' as such terms are
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used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212
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and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
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U.S. Government End Users acquire Covered Code with only those rights set
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forth herein.
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</UL>
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<B>11. MISCELLANEOUS.</B>
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<UL>
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable,
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such provision shall be reformed only to the extent necessary to make it
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enforceable. This License shall be governed by California law provisions
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(except to the extent applicable law, if any, provides otherwise),
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excluding its conflict-of-law provisions. With respect to disputes in
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which at least one party is a citizen of, or an entity chartered or
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registered to do business in, the United States of America: (a) unless
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otherwise agreed in writing, all disputes relating to this License
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(excepting any dispute relating to intellectual property rights) shall be
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subject to final and binding arbitration, with the losing party paying
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all costs of arbitration; (b) any arbitration relating to this Agreement
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shall be held in Santa Clara County, California, under the auspices of
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JAMS/EndDispute; and (c) any litigation relating to this Agreement shall
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be subject to the jurisdiction of the Federal Courts of the Northern
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District of California, with venue lying in Santa Clara County,
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California, with the losing party responsible for costs, including
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without limitation, court costs and reasonable attorneys fees and
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expenses. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded. Any law or
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regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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</UL>
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<B>12. RESPONSIBILITY FOR CLAIMS.</B>
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<UL>
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Except in cases where another Contributor has failed to comply with
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Section <B>3.4</B>, You are responsible for damages arising, directly or
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indirectly, out of Your utilization of rights under this License, based
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on the number of copies of Covered Code you made available, the revenues
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you received from utilizing such rights, and other relevant factors. You
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agree to work with affected parties to distribute responsibility on an
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equitable basis.
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</UL>
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<B>EXHIBIT A.</B>
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<UL>
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``The contents of this file are subject to the Mozilla Public License
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Version 1.0 (the "License"); you may not use this file except in
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compliance with the License. You may obtain a copy of the License at
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http://www.mozilla.org/MPL/
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<P>Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
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License for the specific language governing rights and limitations under
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the License.
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<P>The Original Code is ______________________________________.
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<P>The Initial Developer of the Original Code is
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________________________. Portions created by ______________________ are
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Copyright (C) ______ _______________________. All Rights Reserved.
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<P>Contributor(s): ______________________________________.''
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</UL>
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