Mitre no longer recommends use of this license
Collaborative Virtual Workspace License (CVW)
- <tt>Redistribution of the CVW software or...ived works must reproduce MITRE's copyright
...ignation and this License in the documentation and/or other materials provided with the
<tt>Copyright © 1994-1999. The MITRE Corporation (
target="_top">http://www.mitre.org/). All Rights Reserved.</tt>
- <tt>The terms "MITRE" and "The MITRE Corporation" are trademarks of The
MITRE Corporation and must not be used to endorse or promote products...ived from this
software or in redistribution of this software in any form.</tt>
- <tt>The terms "CVW" and "Collaborative Virtual Workspace" are trademarks
of The MITRE Corporation and must not be used to endorse or promote products...ived from
this software without the prior written permission of MITRE. For written permission,
please contact firstname.lastname@example.org.</tt>
- <tt>UNITED STATES GOVERNMENT RIGHTS: This software was produced for the U.S. Government
under Contract No. F19628-99-C-0001, and is subject to the Rights in Noncommercial
Computer Software and Noncommercial Computer Software Documentation Clause (DFARS)
252.227-7014 (JUN 1995). The Licensee agrees that the US Government will not be charged
any license fee and/or royalties related to this software.</tt>
- <tt>Downloaders of the CVW software may choose to have their access to and use of the CVW
software governed under either the GNU General Public License (Version 2) or the Mozilla
License (Version 1.0). In either case, if you transmit source code improvements or
modifications to MITRE, you agree to assign to MITRE copyright to such improvements or
modifications, which MITRE will then make available from MITRE's web site.</tt>
- <tt>If you choose to use the Mozilla License (Version 1.0), please note that because the
software in this module was developed using, at least in part, Government funds, the
Government has certain rights in the module which apply instead of the Government rights
in Section 10 of the Mozilla License. These Government rights DO NOT affect your right to
use the module on an Open Source basis as set forth in the Mozilla License. The statement
of Government rights which replaces Section 10 of the Mozilla License is stated in Section
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place - Suite 330, Boston, MA 02111-1307, USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
The licenses for most software are...igned to take away your freedom to share and
change it. By contrast, the GNU General Public License is intended to guarantee your
freedom to share and change free software--to make sure the software is free for all its
users. This General Public License applies to most of the Free Software Foundation's
software and to any other program whose authors commit to using it. (Some other Free
Software Foundation software is covered by the GNU Library General Public License
instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General
Public Licenses are...igned to make sure that you have the freedom to distribute copies
of free software (and charge for this service if you wish), that you receive source code
or can get it if you want it, that you can change the software or use pieces of it in new
free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you
these rights or to ask you to surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of the software, or if you
For example, if you distribute copies of such a program, whether gratis or for a fee,
you must give the recipients all the rights that you have. You must make sure that they,
too, receive or can get the source code. And you must show them these terms so they know
We protect your rights with two steps: (1) copyright the software, and (2) offer you
this license which gives you legal permission to copy, distribute and/or modify the
Also, for each author's protection and ours, we want to make certain that everyone
understands that there is no warranty for this free software. If the software is modified
by someone else and passed on, we want its recipients to know that what they have is not
the original, so that any problems introduced by others will not reflect on the original
Finally, any free program is threatened constantly by software patents. We wish to
avoid the danger that redistributors of a free program will individually obtain patent
licenses, in effect making the program proprietary. To prevent this, we have made it clear
that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice
placed by the copyright holder saying it may be distributed under the terms of this
General Public License. The "Program", below, refers to any such program or
work, and a "work based on the Program" means either the Program or any
...ivative work under copyright law: that is to say, a work containing the Program or a
portion of it, either verbatim or with modifications and/or translated into another
language. (Hereinafter, translation is included without limitation in the term
"modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this
License; they are outside its scope. The act of running the Program is not restricted, and
the output from the Program is covered only if its contents constitute a work based on the
Program (independent of having been made by running the Program). Whether that is true
depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as
you receive it, in any medium, provided that you conspicuously and appropriately publish
on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all
the notices that refer to this License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your
option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it,
thus forming a work based on the Program, and copy and distribute such modifications or
work under the terms of Section 1 above, provided that you also meet all of these
- <tt> </tt>
- <tt>a) You must cause the modified files to carry prominent notices stating that
you changed the files and the date of any change. </tt>
- <tt>b) You must cause any work that you distribute or publish, that in whole or in
part contains or is...ived from the Program or any part thereof, to be licensed as a
whole at no charge to all third parties under the terms of this License. </tt>
- <tt>c) If the modified program normally reads commands interactively when run, you
must cause it, when started running for such interactive use in the most ordinary way, to
print or display an announcement including an appropriate copyright notice and a notice
that there is no warranty (or else, saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling the user how to view a copy
of this License. (Exception: if the Program itself is interactive but does not normally
print such an announcement, your work based on the Program is not required to print an
These requirements apply to the modified work as a whole. If identifiable sections of
that work are not...ived from the Program, and can be reasonably considered independent
and separate works in themselves, then this License, and its terms, do not apply to those
sections when you distribute them as separate works. But when you distribute the same
sections as part of a whole which is a work based on the Program, the distribution of the
whole must be on the terms of this License, whose permissions for other licensees extend
to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to
work written entirely by you; rather, the intent is to exercise the right to control the
distribution of...ivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program
(or with a work based on the Program) on a volume of a storage or distribution medium does
not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under
Section 2) in object code or executable form under the terms of Sections 1 and 2 above
provided that you also do one of the following:
- <tt> </tt>
- <tt>a) Accompany it with the complete corresponding machine-readable source code,
which must be distributed under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or, </tt>
- <tt>b) Accompany it with a written offer, valid for at least three years, to give
any third party, for a charge no more than your cost of physically performing source
distribution, a complete machine-readable copy of the corresponding source code, to be
distributed under the terms of Sections 1 and 2 above on a medium customarily used for
software interchange; or, </tt>
- <tt>c) Accompany it with the information you received as to the offer to distribute
corresponding source code. (This alternative is allowed only for noncommercial
distribution and only if you received the program in object code or executable form with
such an offer, in accord with Subsection b above.) </tt>
The source code for a work means the preferred form of the work for making
modifications to it. For an executable work, complete source code means all the source
code for all modules it contains, plus any associated interface definition files, plus the
scripts used to control compilation and installation of the executable. However, as a
special exception, the source code distributed need not include anything that is normally
distributed (in either source or binary form) with the major components (compiler, kernel,
and so on) of the operating system on which the executable runs, unless that component
itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a
...ignated place, then offering equivalent access to copy the source code from the same
place counts as distribution of the source code, even though third parties are not
compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as
expressly provided under this License. Any attempt otherwise to copy, modify, sublicense
or distribute the Program is void, and will automatically terminate your rights under this
License. However, parties who have received copies, or rights, from you under this License
will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it.
However, nothing else grants you permission to modify or distribute the Program or its
...ivative works. These actions are prohibited by law if you do not accept this License.
Therefore, by modifying or distributing the Program (or any work based on the Program),
you indicate your acceptance of this License to do so, and all its terms and conditions
for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program),
the recipient automatically receives a license from the original licensor to copy,
distribute or modify the Program subject to these terms and conditions. You may not impose
any further restrictions on the recipients' exercise of the rights granted herein. You are
not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent
infringement or for any other reason (not limited to patent issues), conditions are
imposed on you (whether by court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the conditions of this License. If
you cannot distribute so as to satisfy simultaneously your obligations under this License
and any other pertinent obligations, then as a consequence you may not distribute the
Program at all. For example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive copies directly or indirectly
through you, then the only way you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular
circumstance, the balance of the section is intended to apply and the section as a whole
is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other
property right claims or to contest validity of any such claims; this section has the sole
purpose of protecting the integrity of the free software distribution system, which is
implemented by public license practices. Many people have made generous contributions to
the wide range of software distributed through that system in reliance on consistent
application of that system; it is up to the author/donor to decide if he or she is willing
to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence
of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain
countries either by patents or by copyrighted interfaces, the original copyright holder
who places the Program under this License may add an explicit geographical distribution
limitation excluding those countries, so that distribution is permitted only in or among
countries not thus excluded. In such case, this License incorporates the limitation as if
written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the
General Public License from time to time. Such new versions will be similar in spirit to
the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a
version number of this License which applies to it and "any later version", you
have the option of following the terms and conditions either of that version or of any
later version published by the Free Software Foundation. If the Program does not specify a
version number of this License, you may choose any version ever published by the Free
10. If you wish to incorporate parts of the Program into other free programs
whose distribution conditions are different, write to the author to ask for permission.
For software which is copyrighted by the Free Software Foundation, write to the Free
Software Foundation; we sometimes make exceptions for this. Our decision will be guided by
the two goals of preserving the free status of all...ivatives of our free software and of
promoting the sharing and reuse of software generally.
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR
THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN
WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS
PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING
BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN
IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the
public, the best way to achieve this is to make it free software which everyone can
redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to
the start of each source file to most effectively convey the exclusion of warranty; and
each file should have at least the "copyright" line and a pointer to where the
full notice is found.
<var>one line to give the program's name and an idea of what it does.
</var>Copyright (C) <var>yyyy</var> <var>name of author
This program is free software; you can redistribute it and/or
modify it under the terms of the GNU General Public License
as published by the Free Software Foundation; either version 2
of the License, or (at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place - Suite 330, Boston, MA 02111-1307, USA.
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this when it starts
in an interactive mode:
Gnomovision version 69, Copyright (C) <var>yyyy</var> <var>name of author
</var>Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome
to redistribute it under certain conditions; type `show c'
The hypothetical commands <samp>`show w'</samp> and <samp>`show c'</samp> should show
the appropriate parts of the General Public License. Of course, the commands you use may
be called something other than <samp>`show w'</samp> and <samp>`show c'</samp>; they could
even be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your school, if any,
to sign a "copyright disclaimer" for the program, if necessary. Here is a
sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright
interest in the program `Gnomovision'
(which makes passes at compilers) written
by James Hacker.
<var>signature of Ty Coon</var>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into proprietary
programs. If your program is a subroutine library, you may consider it more useful to
permit linking proprietary applications with the library. If this is what you want to do,
use the GNU Library General Public License instead of this License.
1.1. "Contributor" means each entity that creates or contributes to the
creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior
Modifications used by a Contributor, and the Modifications made by that particular
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including portions
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.9. "Modifications" means any addition to or deletion from the substance or
structure of either the Original Code or any previous Modifications. When Covered Code is
released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is
...cribed in the Source Code notice required by Exhibit A as Original Code, and which, at
the time of its release under this License is not already Covered Code governed by this
1.11. "Source Code" means the preferred form of the Covered Code for making
modifications to it, including all modules it contains, plus any associated interface
definition files, scripts used to control compilation and installation of an Executable,
or a list of source code differential comparisons against either the Original Code or
another well known, available Covered Code of the Contributor's choice. The Source Code
can be in a compressed or archival form, provided the appropriate decompression or
de-archiving software is widely available for no charge.
1.12. "You" means an individual or a legal entity exercising rights under,
and complying with all of the terms of, this License or a future version of this License
issued under Section 6.1. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You. For purposes of this
definition, "control" means (a) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
license, subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial
Developer, to make, have made, use and sell ("Utilize") the Original Code (or
portions thereof), but solely to the extent that any such patent is reasonably necessary
to enable You to Utilize the Original Code (or portions thereof) and not to any greater
extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license,
subject to third party intellectual property claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions thereof) either on an unmodified
basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the
Contributor Version (or portions thereof), but solely to the extent that any such patent
is reasonably necessary to enable You to Utilize the Contributor Version (or portions
thereof), and not to any greater extent that may be necessary to Utilize further
Modifications or combinations.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed by the terms
of this License, including without limitation Section 2.2. The Source Code version of
Covered Code may be distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or impose any terms
on any Source Code version that alters or restricts the applicable version of this License
or the recipients' rights hereunder. However, You may include an additional document
offering the additional rights...cribed in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made available in
Source Code form under the terms of this License either on the same media as an Executable
version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version of that particular
Modification has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a file documenting
the changes You made to create that Covered Code and the date of any change. You must
include a prominent statement that the Modification is...ived, directly or indirectly,
from Original Code provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable version or
related documentation in which You...cribe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual property right in particular
functionality or code (or its utilization under this License), you must include a text
file with the source code distribution titled "LEGAL" which...cribes the claim
and the party making the claim in sufficient detail that a recipient will know whom to
contact. If you obtain such knowledge after You make Your Modification available as
...cribed in Section 3.2, You shall promptly modify the LEGAL file in all copies You make
available thereafter and shall take other steps (such as notifying appropriate mailing
lists or newsgroups) reasonably calculated to inform those who received the Covered Code
that new knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and You own or control
patents which are reasonably necessary to implement that API, you must also include this
information in the LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code, and this
License in any documentation for the Source Code, where You...cribe recipients' rights
relating to Covered Code. If You created one or more Modification(s), You may add your
name as a Contributor to the notice...cribed in Exhibit A. If it is not possible to put
such notice in a particular Source Code file due to its structure, then you must include
such notice in a location (such as a relevant directory file) where a user would be likely
to look for such a notice. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of Covered Code.
However, You may do so only on Your own behalf, and not on behalf of the Initial Developer
or any Contributor. You must make it absolutely clear than any such warranty, support,
indemnity or liability obligation is offered by You alone, and You hereby agree to
indemnify the Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of Section
3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the
Source Code version of the Covered Code is available under the terms of this License,
including a...cription of how and where You have fulfilled the obligations of Section
3.2. The notice must be conspicuously included in any notice in an Executable version,
related documentation or collateral in which You...cribe recipients' rights relating to
the Covered Code. You may distribute the Executable version of Covered Code under a
license of Your choice, which may contain terms different from this License, provided that
You are in compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's rights in the Source
Code version from the rights set forth in this License. If You distribute the Executable
version under a different license You must make it absolutely clear that any terms which
differ from this License are offered by You alone, not by the Initial Developer or any
Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such Contributor as a result of any
such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed by
the terms of this License and distribute the Larger Work as a single product. In such a
case, You must make sure the requirements of this License are fulfilled for the Covered
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute or regulation then You must: (a)
comply with the terms of this License to the maximum extent possible; and (b)...cribe the
limitations and the code they affect. Such...cription must be included in the LEGAL file
...cribed in Section 3.4 and must be included with all distributions of the Source Code.
Except to the extent prohibited by statute or regulation, such...cription must be
sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice in
Exhibit A, and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation ("Netscape") may publish revised and/or
new versions of the License from time to time. Each version will be given a distinguishing
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may
always continue to use it under the terms of that version. You may also choose to use such
Covered Code under the terms of any subsequent version of the License published by
Netscape. No one other than Netscape has the right to modify the terms applicable to
Covered Code created under this License.
6.3. ...ivative Works.
If you create or use a modified version of this License (which you may only do in order
to apply it to code which is not already Covered Code governed by this License), you must
(a) rename Your license so that the phrases "Mozilla", "MOZILLAPL",
"MOZPL", "Netscape", "NPL" or any confusingly similar phrase
do not appear anywhere in your license and (b) otherwise make it clear that your version
of the license contains terms which differ from the Mozilla Public License and Netscape
Public License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice...cribed in Exhibit A shall not of themselves be deemed to be
modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS
WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
This License and the rights granted hereunder will terminate automatically if You fail
to comply with terms herein and fail to cure such breach within 30 days of becoming aware
of the breach. All sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their nature, must remain in
effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR
ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING 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
DAMAGES, SO THAT 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 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.
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: (a) unless otherwise agreed in writing, all disputes
relating to this License (excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration, with the losing party paying all costs
of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa
Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation
relating to this Agreement 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.
Except in cases where another Contributor has failed to comply with Section 3.4, You
are responsible for damages arising, directly or indirectly, out of Your utilization of
rights under this License, based on the number of copies of Covered Code you made
available, the revenues you received from utilizing such rights, and other relevant
factors. You agree to work with affected parties to distribute responsibility on an
``The contents of this file are subject to the Mozilla Public License Version 1.0 (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 Collaborative Virtual Workspace (CVW).
The Initial Developer of the Original Code is The MITRE Corporation.
Portions created by The MITRE Corporation (http://www.mitre.org/)
are Copyright © 1994-1999. All Rights Reserved.
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