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NSA-2400 User’s Guide

Appendix D Open Source Licences 151

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 computer 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 disputes 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

attorneys' fees and expenses. The application of the United Nations Convention on Contracts

for the International Sale of Goods is expressly excluded. Any law or regulation 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 distribute 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-Licensed”.

“Multiple-Licensed” means that the Initial Developer permits you to utilize portions of the

Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by

the Initial Developer in the file described in Exhibit A.

Exhibit A - Mozilla Public License.

“The contents of this file are subject to the Mozilla Public License Version 1.1 (the

“License”); you may not use this file except in compliance with the License. You may obtain a

copy of the License at http://www.mozilla.org/MPL/

Software distributed under the License is distributed on an “AS IS” basis, WITHOUT

WARRANTY OF ANY KIND, either express or implied. See the License for the specific

language governing rights and limitations under the License.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is ________________________.

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