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U41117-J-Z125-7-76 587
Appendix Licenses
TING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMA-
GES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a “commercial item,” as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of “commercial computer software” and “commercial com-
puter software documentation,” as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
with only those rights set forth herein.
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 law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to dispu-
tes 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, any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and reasonable attor-
neys' fees and expenses. The application of the United Nations Convention on Con-
tracts for the International Sale of Goods is expressly excluded. Any law or regula-
tion which provides that the language of a contract shall be construed against the
drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of rights under
this License and You agree to work with Initial Developer and Contributors to distri-
bute such responsibility on an equitable basis. Nothing herein is intended or shall
be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as “Multiple-Li-
censed”. “Multiple-Licensed” means that the Initial Developer permits you to utilize
portions of the Covered Code under Your choice of the NPL or the alternative licen-
ses, if any, specified by the Initial Developer in the file described in Exhibit A.