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Copyright (c) 2013 HashiCorp, Inc.
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License text copyright (c) 2020 MariaDB Corporation Ab, All Rights Reserved.
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“Business Source License” is a trademark of MariaDB Corporation Ab.
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Mozilla Public License, version 2.0
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Parameters
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1. Definitions
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Licensor: HashiCorp, Inc.
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1.1. “Contributor”
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Licensed Work: The Licensed Work is (c) 2023 HashiCorp, Inc.
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Additional Use Grant: You may make production use of the Licensed Work,
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means each individual or legal entity that creates, contributes to the
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provided such use does not include offering the Licensed Work
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creation of, or owns Covered Software.
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to third parties on a hosted or embedded basis which is
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competitive with HashiCorp's products.
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1.2. “Contributor Version”
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Change Date: Four years from the date the Licensed Work is published.
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Change License: MPL 2.0
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means the combination of the Contributions of others (if any) used by a
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Contributor and that particular Contributor’s Contribution.
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For information about alternative licensing arrangements for the Licensed Work,
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please contact licensing@hashicorp.com.
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1.3. “Contribution”
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Notice
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means Covered Software of a particular Contributor.
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Business Source License 1.1
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1.4. “Covered Software”
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Terms
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means Source Code Form to which the initial Contributor has attached the
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notice in Exhibit A, the Executable Form of such Source Code Form, and
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The Licensor hereby grants you the right to copy, modify, create derivative
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Modifications of such Source Code Form, in each case including portions
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works, redistribute, and make non-production use of the Licensed Work. The
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thereof.
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Licensor may make an Additional Use Grant, above, permitting limited production use.
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1.5. “Incompatible With Secondary Licenses”
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Effective on the Change Date, or the fourth anniversary of the first publicly
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means
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available distribution of a specific version of the Licensed Work under this
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License, whichever comes first, the Licensor hereby grants you rights under
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a. that the initial Contributor has attached the notice described in
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the terms of the Change License, and the rights granted in the paragraph
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Exhibit B to the Covered Software; or
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above terminate.
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b. that the Covered Software was made available under the terms of version
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If your use of the Licensed Work does not comply with the requirements
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1.1 or earlier of the License, but not also under the terms of a
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currently in effect as described in this License, you must purchase a
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Secondary License.
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commercial license from the Licensor, its affiliated entities, or authorized
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resellers, or you must refrain from using the Licensed Work.
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1.6. “Executable Form”
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All copies of the original and modified Licensed Work, and derivative works
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means any form of the work other than Source Code Form.
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of the Licensed Work, are subject to this License. This License applies
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separately for each version of the Licensed Work and the Change Date may vary
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1.7. “Larger Work”
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for each version of the Licensed Work released by Licensor.
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means a work that combines Covered Software with other material, in a separate
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You must conspicuously display this License on each original or modified copy
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file or files, that is not Covered Software.
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of the Licensed Work. If you receive the Licensed Work in original or
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modified form from a third party, the terms and conditions set forth in this
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1.8. “License”
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License apply to your use of that work.
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means this document.
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Any use of the Licensed Work in violation of this License will automatically
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terminate your rights under this License for the current and all other
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1.9. “Licensable”
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versions of the Licensed Work.
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means having the right to grant, to the maximum extent possible, whether at the
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This License does not grant you any right in any trademark or logo of
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time of the initial grant or subsequently, any and all of the rights conveyed by
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Licensor or its affiliates (provided that you may use a trademark or logo of
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this License.
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Licensor as expressly required by this License).
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1.10. “Modifications”
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TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED WORK IS PROVIDED ON
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AN “AS IS” BASIS. LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS,
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means any of the following:
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EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
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a. any file in Source Code Form that results from an addition to, deletion
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TITLE.
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from, or modification of the contents of Covered Software; or
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b. any new file in Source Code Form that contains any Covered Software.
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1.11. “Patent Claims” of a Contributor
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means any patent claim(s), including without limitation, method, process,
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and apparatus claims, in any patent Licensable by such Contributor that
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would be infringed, but for the grant of the License, by the making,
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using, selling, offering for sale, having made, import, or transfer of
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either its Contributions or its Contributor Version.
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1.12. “Secondary License”
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means either the GNU General Public License, Version 2.0, the GNU Lesser
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General Public License, Version 2.1, the GNU Affero General Public
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License, Version 3.0, or any later versions of those licenses.
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1.13. “Source Code Form”
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means the form of the work preferred for making modifications.
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1.14. “You” (or “Your”)
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means an individual or a legal entity exercising rights under this
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License. For legal entities, “You” includes any entity that controls, is
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controlled by, or is under common control with You. For purposes of this
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definition, “control” means (a) the power, direct or indirect, to cause
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the direction or management of such entity, whether by contract or
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otherwise, or (b) ownership of more than fifty percent (50%) of the
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outstanding shares or beneficial ownership of such entity.
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2. License Grants and Conditions
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2.1. Grants
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Each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license:
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a. under intellectual property rights (other than patent or trademark)
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Licensable by such Contributor to use, reproduce, make available,
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modify, display, perform, distribute, and otherwise exploit its
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Contributions, either on an unmodified basis, with Modifications, or as
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part of a Larger Work; and
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b. under Patent Claims of such Contributor to make, use, sell, offer for
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sale, have made, import, and otherwise transfer either its Contributions
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or its Contributor Version.
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2.2. Effective Date
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The licenses granted in Section 2.1 with respect to any Contribution become
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effective for each Contribution on the date the Contributor first distributes
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such Contribution.
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2.3. Limitations on Grant Scope
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The licenses granted in this Section 2 are the only rights granted under this
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License. No additional rights or licenses will be implied from the distribution
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or licensing of Covered Software under this License. Notwithstanding Section
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2.1(b) above, no patent license is granted by a Contributor:
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a. for any code that a Contributor has removed from Covered Software; or
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b. for infringements caused by: (i) Your and any other third party’s
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modifications of Covered Software, or (ii) the combination of its
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Contributions with other software (except as part of its Contributor
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Version); or
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c. under Patent Claims infringed by Covered Software in the absence of its
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Contributions.
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This License does not grant any rights in the trademarks, service marks, or
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logos of any Contributor (except as may be necessary to comply with the
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notice requirements in Section 3.4).
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2.4. Subsequent Licenses
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No Contributor makes additional grants as a result of Your choice to
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distribute the Covered Software under a subsequent version of this License
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(see Section 10.2) or under the terms of a Secondary License (if permitted
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under the terms of Section 3.3).
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2.5. Representation
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Each Contributor represents that the Contributor believes its Contributions
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are its original creation(s) or it has sufficient rights to grant the
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rights to its Contributions conveyed by this License.
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2.6. Fair Use
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This License is not intended to limit any rights You have under applicable
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copyright doctrines of fair use, fair dealing, or other equivalents.
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2.7. Conditions
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Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in
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Section 2.1.
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3. Responsibilities
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3.1. Distribution of Source Form
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All distribution of Covered Software in Source Code Form, including any
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Modifications that You create or to which You contribute, must be under the
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terms of this License. You must inform recipients that the Source Code Form
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of the Covered Software is governed by the terms of this License, and how
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they can obtain a copy of this License. You may not attempt to alter or
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restrict the recipients’ rights in the Source Code Form.
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3.2. Distribution of Executable Form
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If You distribute Covered Software in Executable Form then:
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a. such Covered Software must also be made available in Source Code Form,
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as described in Section 3.1, and You must inform recipients of the
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Executable Form how they can obtain a copy of such Source Code Form by
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reasonable means in a timely manner, at a charge no more than the cost
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of distribution to the recipient; and
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b. You may distribute such Executable Form under the terms of this License,
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or sublicense it under different terms, provided that the license for
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the Executable Form does not attempt to limit or alter the recipients’
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rights in the Source Code Form under this License.
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3.3. Distribution of a Larger Work
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You may create and distribute a Larger Work under terms of Your choice,
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provided that You also comply with the requirements of this License for the
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Covered Software. If the Larger Work is a combination of Covered Software
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with a work governed by one or more Secondary Licenses, and the Covered
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Software is not Incompatible With Secondary Licenses, this License permits
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You to additionally distribute such Covered Software under the terms of
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such Secondary License(s), so that the recipient of the Larger Work may, at
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their option, further distribute the Covered Software under the terms of
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either this License or such Secondary License(s).
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3.4. Notices
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You may not remove or alter the substance of any license notices (including
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copyright notices, patent notices, disclaimers of warranty, or limitations
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of liability) contained within the Source Code Form of the Covered
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Software, except that You may alter any license notices to the extent
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required to remedy known factual inaccuracies.
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3.5. Application of Additional Terms
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You may choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of Covered
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Software. However, You may do so only on Your own behalf, and not on behalf
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of any Contributor. You must make it absolutely clear that any such
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warranty, support, indemnity, or liability obligation is offered by You
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alone, and You hereby agree to indemnify every Contributor for any
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liability incurred by such Contributor as a result of warranty, support,
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indemnity or liability terms You offer. You may include additional
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disclaimers of warranty and limitations of liability specific to any
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jurisdiction.
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4. Inability to Comply Due to Statute or Regulation
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If it is impossible for You to comply with any of the terms of this License
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with respect to some or all of the Covered Software due to statute, judicial
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order, or regulation then You must: (a) comply with the terms of this License
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to the maximum extent possible; and (b) describe the limitations and the code
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they affect. Such description must be placed in a text file included with all
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distributions of the Covered Software under this License. Except to the
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extent prohibited by statute or regulation, such description must be
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sufficiently detailed for a recipient of ordinary skill to be able to
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understand it.
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5. Termination
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5.1. The rights granted under this License will terminate automatically if You
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fail to comply with any of its terms. However, if You become compliant,
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then the rights granted under this License from a particular Contributor
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are reinstated (a) provisionally, unless and until such Contributor
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explicitly and finally terminates Your grants, and (b) on an ongoing basis,
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if such Contributor fails to notify You of the non-compliance by some
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reasonable means prior to 60 days after You have come back into compliance.
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Moreover, Your grants from a particular Contributor are reinstated on an
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ongoing basis if such Contributor notifies You of the non-compliance by
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some reasonable means, this is the first time You have received notice of
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non-compliance with this License from such Contributor, and You become
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compliant prior to 30 days after Your receipt of the notice.
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5.2. If You initiate litigation against any entity by asserting a patent
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infringement claim (excluding declaratory judgment actions, counter-claims,
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and cross-claims) alleging that a Contributor Version directly or
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indirectly infringes any patent, then the rights granted to You by any and
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all Contributors for the Covered Software under Section 2.1 of this License
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shall terminate.
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5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user
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license agreements (excluding distributors and resellers) which have been
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validly granted by You or Your distributors under this License prior to
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termination shall survive termination.
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6. Disclaimer of Warranty
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Covered Software is provided under this License on an “as is” basis, without
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warranty of any kind, either expressed, implied, or statutory, including,
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without limitation, warranties that the Covered Software is free of defects,
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merchantable, fit for a particular purpose or non-infringing. The entire
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risk as to the quality and performance of the Covered Software is with You.
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Should any Covered Software prove defective in any respect, You (not any
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Contributor) assume the cost of any necessary servicing, repair, or
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correction. This disclaimer of warranty constitutes an essential part of this
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License. No use of any Covered Software is authorized under this License
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except under this disclaimer.
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7. Limitation of Liability
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Under no circumstances and under no legal theory, whether tort (including
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negligence), contract, or otherwise, shall any Contributor, or anyone who
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distributes Covered Software as permitted above, be liable to You for any
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direct, indirect, special, incidental, or consequential damages of any
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character including, without limitation, damages for lost profits, loss of
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goodwill, work stoppage, computer failure or malfunction, or any and all
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other commercial damages or losses, even if such party shall have been
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informed of the possibility of such damages. This limitation of liability
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shall not apply to liability for death or personal injury resulting from such
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party’s negligence to the extent applicable law prohibits such limitation.
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Some jurisdictions do not allow the exclusion or limitation of incidental or
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consequential damages, so this exclusion and limitation may not apply to You.
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8. Litigation
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Any litigation relating to this License may be brought only in the courts of
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a jurisdiction where the defendant maintains its principal place of business
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and such litigation shall be governed by laws of that jurisdiction, without
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reference to its conflict-of-law provisions. Nothing in this Section shall
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prevent a party’s ability to bring cross-claims or counter-claims.
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9. Miscellaneous
|
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This License represents the complete agreement concerning the subject matter
|
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|
hereof. If any provision of this License is held to be unenforceable, such
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|
provision shall be reformed only to the extent necessary to make it
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|
enforceable. Any law or regulation which provides that the language of a
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|
|
contract shall be construed against the drafter shall not be used to construe
|
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|
this License against a Contributor.
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10. Versions of the License
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10.1. New Versions
|
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|
Mozilla Foundation is the license steward. Except as provided in Section
|
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|
|
10.3, no one other than the license steward has the right to modify or
|
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|
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|
|
publish new versions of this License. Each version will be given a
|
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|
|
|
|
distinguishing version number.
|
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|
10.2. Effect of New Versions
|
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|
|
You may distribute the Covered Software under the terms of the version of
|
|
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|
|
the License under which You originally received the Covered Software, or
|
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|
|
under the terms of any subsequent version published by the license
|
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|
steward.
|
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|
10.3. Modified Versions
|
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|
|
If you create software not governed by this License, and you want to
|
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|
|
|
|
|
|
create a new license for such software, you may create and use a modified
|
|
|
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|
|
|
|
version of this License if you rename the license and remove any
|
|
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|
|
|
|
|
references to the name of the license steward (except to note that such
|
|
|
|
|
|
|
|
modified license differs from this License).
|
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|
|
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
|
|
|
|
|
|
|
|
If You choose to distribute Source Code Form that is Incompatible With
|
|
|
|
|
|
|
|
Secondary Licenses under the terms of this version of the License, the
|
|
|
|
|
|
|
|
notice described in Exhibit B of this License must be attached.
|
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|
|
Exhibit A - Source Code Form License Notice
|
|
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|
|
This Source Code Form is subject to the
|
|
|
|
|
|
|
|
terms of the Mozilla Public License, v.
|
|
|
|
|
|
|
|
2.0. If a copy of the MPL was not
|
|
|
|
|
|
|
|
distributed with this file, You can
|
|
|
|
|
|
|
|
obtain one at
|
|
|
|
|
|
|
|
http://mozilla.org/MPL/2.0/.
|
|
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|
|
If it is not possible or desirable to put the notice in a particular file, then
|
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|
|
You may include the notice in a location (such as a LICENSE file in a relevant
|
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|
|
|
|
|
|
directory) where a recipient would be likely to look for such a notice.
|
|
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|
|
You may add additional accurate notices of copyright ownership.
|
|
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|
|
Exhibit B - “Incompatible With Secondary Licenses” Notice
|
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|
|
This Source Code Form is “Incompatible
|
|
|
|
|
|
|
|
With Secondary Licenses”, as defined by
|
|
|
|
|
|
|
|
the Mozilla Public License, v. 2.0.
|
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