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11 a) in the case of the initial Contributor, the initial code and
13 b) in the case of each subsequent Contributor:
24 separate modules of software distributed in conjunction with the Program
25 under their own license agreement, and (ii) are not derivative works of
31 are necessarily infringed by the use or sale of its Contribution alone
42 a) Subject to the terms of this Agreement, each Contributor hereby
44 license to reproduce, prepare derivative works of, publicly display,
45 publicly perform, distribute and sublicense the Contribution of such
49 b) Subject to the terms of this Agreement, each Contributor hereby
52 otherwise transfer the Contribution of such Contributor, if any, in
54 combination of the Contribution and the Program if, at the time the
55 Contribution is added by the Contributor, such addition of the
63 patent or other intellectual property rights of any other entity. Each
65 any other entity based on infringement of intellectual property rights
82 a) it complies with the terms and conditions of this Agreement; and
86 i) effectively disclaims on behalf of all Contributors all warranties
88 of title and non-infringement, and implied warranties or conditions of
91 ii) effectively excludes on behalf of all Contributors all liability for
106 b) a copy of this Agreement must be included with each copy of the Program.
111 Each Contributor must identify itself as the originator of its
113 Recipients to identify the originator of the Contribution.
117 Commercial distributors of software may accept certain responsibilities
119 license is intended to facilitate the commercial use of the Program, the
128 Contributor to the extent caused by the acts or omissions of such
129 Commercial Contributor in connection with its distribution of the
134 Contributor in writing of such claim, and b) allow the Commercial
157 determining the appropriateness of using and distributing the Program
158 and assumes all risks associated with its exercise of rights under this
159 Agreement , including but not limited to the risks and costs of program
160 errors, compliance with applicable laws, damage to or loss of data,
161 programs or equipment, and unavailability or interruption of operations.
176 If any provision of this Agreement is invalid or unenforceable under
177 applicable law, it shall not affect the validity or enforceability of
178 the remainder of the terms of this Agreement, and without further action
184 itself (excluding combinations of the Program with other software or
186 rights granted under Section 2(b) shall terminate as of the date such
190 to comply with any of the material terms or conditions of this Agreement
191 and does not cure such failure in a reasonable period of time after
192 becoming aware of such noncompliance. If all Recipient's rights under
194 of the Program as soon as reasonably practicable. However, Recipient's
198 Everyone is permitted to copy and distribute copies of this Agreement,
201 the right to publish new versions (including revisions) of this
206 entity. Each new version of the Agreement will be given a distinguishing
208 distributed subject to the version of the Agreement under which it was
209 received. In addition, after a new version of the Agreement is
213 to the intellectual property of any Contributor under this Agreement,
217 This Agreement is governed by the laws of the State of New York and the
218 intellectual property laws of the United States of America. No party to
220 one year after the cause of action arose. Each party waives its rights