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rights granted herein by Licensor are owned by the Licensor or are
sublicensed to You under the terms of this License with the permission
of the contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately proceeding sentence, the Original
Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation,
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
part of this License. No license to Original Work is granted hereunder
except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal
theory, whether in tort (including negligence), contract, or
otherwise, shall the Licensor be liable to any person for any direct,
indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the
Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability
shall not apply to liability for death or personal injury resulting
from Licensor'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.
9) Acceptance and Termination. If You distribute copies of the
Original Work or a Derivative Work, You must make a reasonable effort
under the circumstances to obtain the express assent of recipients to
the terms of this License. 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 or to exercise
any of the rights granted in Section 1 herein, 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 Section 1 herein, You indicate Your acceptance of
this License and all of its terms and conditions.
10) 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 as of the date You commence an action,
including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This
termination provision shall not apply for an action alleging patent
infringement by combinations of the Original Work with other software
or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating
to this License may be brought only in the courts of a 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
sublicensed to You under the terms of this License with the permission
of the contributor(s) of those copyrights and patent rights. Except as
expressly stated in the immediately proceeding sentence, the Original
Work is provided under this License on an "AS IS" BASIS and WITHOUT
WARRANTY, either express or implied, including, without limitation,
the warranties of NON-INFRINGEMENT, MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY OF THE ORIGINAL
WORK IS WITH YOU. This DISCLAIMER OF WARRANTY constitutes an essential
part of this License. No license to Original Work is granted hereunder
except under this disclaimer.
8) Limitation of Liability. Under no circumstances and under no legal
theory, whether in tort (including negligence), contract, or
otherwise, shall the Licensor be liable to any person for any direct,
indirect, special, incidental, or consequential damages of any
character arising as a result of this License or the use of the
Original Work including, without limitation, damages for loss of
goodwill, work stoppage, computer failure or malfunction, or any and
all other commercial damages or losses. This limitation of liability
shall not apply to liability for death or personal injury resulting
from Licensor'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.
9) Acceptance and Termination. If You distribute copies of the
Original Work or a Derivative Work, You must make a reasonable effort
under the circumstances to obtain the express assent of recipients to
the terms of this License. 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 or to exercise
any of the rights granted in Section 1 herein, 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 Section 1 herein, You indicate Your acceptance of
this License and all of its terms and conditions.
10) 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 as of the date You commence an action,
including a cross-claim or counterclaim, against Licensor or any
licensee alleging that the Original Work infringes a patent. This
termination provision shall not apply for an action alleging patent
infringement by combinations of the Original Work with other software
or hardware.
11) Jurisdiction, Venue and Governing Law. Any action or suit relating
to this License may be brought only in the courts of a 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