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<div class="moz-cite-prefix">On 09/14/14 07:02 PM, Martin Bochnig
wrote:<br>
</div>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">Cordial thanks nevertheless to the few fellows, who have proven to be
true friends.</pre>
</blockquote>
I hope not only people who donate money are true friends, because
there is much more to offer to each other but that.<br>
<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">And although I wanted to publish the src long ago (and in fact did</pre>
</blockquote>
But you never did contribute code back with your distro. And it is
required by licenses and other people and companies, organizations
code, you started with.<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">
You stated long ago, that you are not a coder, so what
are your plans with the src?</pre>
</blockquote>
Point is that I as a user of the binaries have RIGHT to have a
source code. And I can be a contributor if I have source code. Who
are you to choose who can be contributor and ba able to fork and who
can not?<br>
<br>
Copyleft license gives me that my RIGHT and I am not planning of
giving up my freedom for some binaries. (Nor use things that are
closed source, because if one wants it, he can always use iOS,
Windows and other NSA-encumbered code that is being distributed to
serve shadow masters...)<br>
If don't have the code I am FORCED to always be blind user with no
ability to do anything for myself, and that position is a position
of a SLAVE and I don't wnat to be a slave but user of Free software!<br>
<br>
Question is why someone would NOT release source code when he
started with open system.<br>
Companies like Sun and other spends hundreds of MILIONS of
dollars/money buying out code and countless number of programmers
over tens and tens of years contributed to all apps.<br>
<br>
So question is WHY not release what one change in it, and start from
THAT solid moral ground of:<br>
Openness, friendliness and NOT hiding anything from the final user.<br>
<br>
If product is open sourced, user CAN audit code ,CAN change source,
CAN compile it to binaries he likes and with that breaching of CDDL
and other copyleft licenses, those Rights (and rights of companies
who are behind starting code) are violated.<br>
<br>
Also contribution and payments for gratitude and support are NOT in
direct connection with code being open or closed sourced. And being
open source IS mandatory when you start with copyleft license, not
showing code that you change, turn back people, and make them not
using it.<br>
I think that openness and friendliness ARE the main selling point
these days and if one lacks that, he lacks money.<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">
Furthermore it is nonsense what you write about the CDDL terms. The
CDDL permits the developer to keep the src closed, similar to the Xorg
license.</pre>
</blockquote>
I would say it is nonsense what you just said. Re-reading CDDL could
refresh some memories.<br>
Binaries derived from CDDL distributed code that is NOT open source
are ILLEGAL and anyone using those binaries it can be prosecuted (in
every country in the world).<br>
So everyone using binaries that are made from illegally closed
source code is in legal jeopardy. <br>
So by not releasing code, you are putting every user of your distro
in legal threat of being sued in any moment of usage!<br>
<a class="moz-txt-link-freetext" href="https://en.wikipedia.org/wiki/CDDL">https://en.wikipedia.org/wiki/CDDL</a><br>
<a class="moz-txt-link-freetext" href="https://en.wikipedia.org/wiki/Copyleft#Strong_and_weak_copyleft">https://en.wikipedia.org/wiki/Copyleft#Strong_and_weak_copyleft</a><br>
<a class="moz-txt-link-freetext" href="https://solaris.java.net/license.html">https://solaris.java.net/license.html</a><br>
<br>
If you do not releasing source of CDDL project, you are doing it
against my rights as a final user and there is no distinction
actually between 'final user' and contributor, _everyone can be
contributor!_ :<br>
<blockquote type="cite"><b>(a)</b> under intellectual property
rights (other than patent or trademark) Licensable by Contributor
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 Software and/or as part of a Larger
Work; and</blockquote>
About obligation of releasing source:<br>
<blockquote type="cite">Any Covered Software that You distribute or
otherwise make available in Executable form must also be made
available in Source Code form and that Source Code form must be
distributed only under the terms of this License. You must include
a copy of this License with every copy of the Source Code form of
the Covered Software You distribute or otherwise make available.
You must inform recipients of any such Covered Software in
Executable form as to how they can obtain such Covered Software in
Source Code form in a reasonable manner on or through a medium
customarily used for software exchange.</blockquote>
And if you do not compy with CDDL by releasing the code you used and
changed, your usage rights and usage rights of _every_ user of your
distribution are terminated:<br>
<blockquote type="cite"><b>6.1.</b> 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. Provisions which, by their
nature, must remain in effect beyond the termination of this
License shall survive.</blockquote>
<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">He is a person who never ever did _anything_ for OpenSXCE, SPARC nor
for myself. What gives him the riht to place demand after demand after
demand???</pre>
</blockquote>
I would not like to put it under personal accusations, but:<br>
<br>
You are the person that put it's users in Closed source slavery
(western or eastern slavery does not matter) , turn open source
project into illegal closed one , putting in jeopardy all of your
users to be sued for merely using it<br>
and currently are NOT contributing anything back in terms of source
code, <br>
therefore do more harm to your users, then by doing nothing. <br>
If you are not releasing source, it is all like binaries do not
exist. (it is better for you legally, actually).<br>
<br>
Demands are supported by GRANTS that are given to all people , by
those that came and wrote things you use before you. <br>
Demands are mandatory , support is optional , like in every project.<br>
If one fulfills additional demands, one can expect additional
support from people,<br>
but removing what people already have (project source) you are
taking back something that people Already have and not giving
actually nothing in return, but vague promises of source release
'one day'.<br>
Why not right now and be done with it?<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">The most ridiculous part was with the alldged "Putin-backdoor" which
one smart person (from Poland?) expects to be hidden in OpenSXCE.</pre>
</blockquote>
Prove it otherwise by releasing source , otherwise it is just a
waste of time and illegal.<br>
<blockquote
cite="mid:CABiyw5gByyfYMez2hh4tnVBQvtwN+usMmp79rYjh-xYfW-ivbA@mail.gmail.com"
type="cite">
<pre wrap="">
For such blind idiots I no longer waste my time.</pre>
</blockquote>
One who is trying to sell copies of illegal binaries of
copyleft-licensed code, without releasing the source...<br>
Binaries are legally distributed ONLY if source is open. And it is
not.<br>
<br>
<pre wrap=""><blockquote type="cite"><pre wrap="">"...I fixed something in the kernel, deep down.
... And ok, one day in the future I
send them the fix...." </pre></blockquote><font face="sans-serif">
This is not in the spirit of Copyleft license like CDDL, where changed code is obliged to be released both to the end user and to the public, the moment when derived binaries are distributed.
CDDL is weak copyleft, like LGPL, where one can mix CDDL with otherwise licensed files,
but changes in CDDL code must be released or they represent violation of the license for all users of binaries and are not legal to use unless code is open..
</font></pre>
<font face="sans-serif">And not to mention many other licenses
included and released in binary form without source.</font><br>
<br>
EVERY user of OpenSXCE can sue you in ANY moment for infighting
their rights to have code of binaries you made. (Not just companies
and all people that contributed to the code before you..)<br>
So that is truly against your well being and dangerous to you and
anyone else using it.<br>
<br>
At the and, there is full text of CDDL (other licenses like GPL or
LGPL, Apache and MPL go find yourself).<br>
<a class="moz-txt-link-freetext" href="https://solaris.java.net/license.html">https://solaris.java.net/license.html</a><br>
<a class="moz-txt-link-freetext" href="http://directory.fsf.org/wiki/License:CDDLv1.0">http://directory.fsf.org/wiki/License:CDDLv1.0</a><br>
<br>
<h3>COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
(CDDL-1.0)</h3>
<ul>
<li>
<p><b>1. Definitions.</b></p>
<ul>
<li>
<p> <b>1.1. Contributor</b> means each individual or entity
that creates or contributes to the creation of
Modifications.</p>
</li>
<li>
<p> <b>1.2. Contributor Version</b> means the combination
of the Original Software, prior Modifications used by a
Contributor (if any), and the Modifications made by that
particular Contributor.</p>
</li>
<li>
<p> <b>1.3. Covered Software</b> means (a) the Original
Software, or (b) Modifications, or (c) the combination of
files containing Original Software with files containing
Modifications, in each case including portions thereof.</p>
</li>
<li>
<p> <b>1.4. Executable</b> means the Covered Software in
any form other than Source Code.</p>
</li>
<li>
<p> <b>1.5. Initial Developer</b> means the individual or
entity that first makes Original Software available under
this License.</p>
</li>
<li>
<p> <b>1.6. Larger Work</b> means a work which combines
Covered Software or portions thereof with code not
governed by the terms of this License.</p>
</li>
<li>
<p> <b>1.7. License</b> means this document.</p>
</li>
<li>
<p> <b>1.8. Licensable</b> means having the right to grant,
to the maximum extent possible, whether at the time of the
initial grant or subsequently acquired, any and all of the
rights conveyed herein.</p>
</li>
<li>
<p> <b>1.9. Modifications</b> means the Source Code and
Executable form of any of the following:</p>
<ul>
<li>
<p><b>A.</b> Any file that results from an addition to,
deletion from or modification of the contents of a
file containing Original Software or previous
Modifications;</p>
</li>
<li>
<p><b>B.</b> Any new file that contains any part of the
Original Software or previous Modification; or</p>
</li>
<li>
<p><b>C.</b> Any new file that is contributed or
otherwise made available under the terms of this
License.</p>
</li>
</ul>
</li>
<li>
<p> <b>1.10. Original Software</b> means the Source Code
and Executable form of computer software code that is
originally released under this License.</p>
</li>
<li>
<p> <b>1.11. Patent Claims</b> means any patent claim(s),
now owned or hereafter acquired, including without
limitation, method, process, and apparatus claims, in any
patent Licensable by grantor.</p>
</li>
<li>
<p> <b>1.12. Source Code</b> means (a) the common form of
computer software code in which modifications are made and
(b) associated documentation included in or with such
code.</p>
</li>
<li>
<p> <b>1.13. You (or Your)</b> means an individual or a
legal entity exercising rights under, and complying with
all of the terms of, this License. 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)Â the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or
(b)Â ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.</p>
</li>
</ul>
</li>
<li>
<p><b>2. License Grants.</b></p>
<ul>
<li>
<p> <b>2.1. The Initial Developer Grant.</b></p>
<p> Conditioned upon Your compliance with Section 3.1 below
and subject to third party intellectual property claims,
the Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:</p>
<ul>
<li>
<p><b>(a)</b> under intellectual property rights (other
than patent or trademark) Licensable by Initial
Developer, to use, reproduce, modify, display,
perform, sublicense and distribute the Original
Software (or portions thereof), with or without
Modifications, and/or as part of a Larger Work; and</p>
</li>
<li>
<p><b>(b)</b> under Patent Claims infringed by the
making, using or selling of Original Software, to
make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original
Software (or portions thereof).</p>
</li>
<li>
<p><b>(c)</b> The licenses granted in Sections 2.1(a)
and (b) are effective on the date Initial Developer
first distributes or otherwise makes the Original
Software available to a third party under the terms of
this License.</p>
</li>
<li>
<p><b>(d)</b> Notwithstanding Section 2.1(b) above, no
patent license is granted: (1)Â for code that You
delete from the Original Software, or (2)Â for
infringements caused by: (i)Â the modification of the
Original Software, or (ii)Â the combination of the
Original Software with other software or devices.</p>
</li>
</ul>
</li>
<li>
<p> <b>2.2. Contributor Grant.</b></p>
<p>Conditioned upon Your compliance with Section 3.1 below
and subject to third party intellectual property claims,
each Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license:</p>
<ul>
<li>
<p><b>(a)</b> under intellectual property rights (other
than patent or trademark) Licensable by Contributor 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
Software and/or as part of a Larger Work; and</p>
</li>
<li>
<p><b>(b)</b> under Patent Claims infringed by the
making, using, or selling of Modifications made by
that Contributor either alone and/or in combination
with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: (1)Â Modifications
made by that Contributor (or portions thereof); and
(2)Â the combination of Modifications made by that
Contributor with its Contributor Version (or portions
of such combination).</p>
</li>
<li>
<p><b>(c)</b> The licenses granted in Sections 2.2(a)
and 2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications
available to a third party.</p>
</li>
<li>
<p><b>(d)</b> Notwithstanding Section 2.2(b) above, no
patent license is granted: (1)Â for any code that
Contributor has deleted from the Contributor Version;
(2)Â for infringements caused by: (i)Â third party
modifications of Contributor Version, or (ii)Â the
combination of Modifications made by that Contributor
with other software (except as part of the Contributor
Version) or other devices; or (3)Â under Patent Claims
infringed by Covered Software in the absence of
Modifications made by that Contributor.</p>
</li>
</ul>
</li>
</ul>
</li>
<li>
<p><b>3. Distribution Obligations.</b></p>
<ul>
<li>
<p> <b>3.1. Availability of Source Code.</b></p>
<p>Any Covered Software that You distribute or otherwise
make available in Executable form must also be made
available in Source Code form and that Source Code form
must be distributed only under the terms of this License.
You must include a copy of this License with every copy of
the Source Code form of the Covered Software You
distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form
as to how they can obtain such Covered Software in Source
Code form in a reasonable manner on or through a medium
customarily used for software exchange.</p>
</li>
<li>
<p> <b>3.2. Modifications.</b></p>
<p>The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.</p>
</li>
<li>
<p> <b>3.3. Required Notices.</b></p>
<p>You must include a notice in each of Your Modifications
that identifies You as the Contributor of the
Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered
Software, or any notices of licensing or any descriptive
text giving attribution to any Contributor or the Initial
Developer.</p>
</li>
<li>
<p> <b>3.4. Application of Additional Terms.</b></p>
<p>You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients
rights hereunder. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
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 that 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.</p>
</li>
<li>
<p> <b>3.5. Distribution of Executable Versions.</b></p>
<p>You may distribute the Executable form of the Covered
Software under the terms of this License or under the
terms of 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 form does not attempt to limit
or alter the recipients rights in the Source Code form
from the rights set forth in this License. If You
distribute the Covered Software in Executable form 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 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.</p>
</li>
<li>
<p> <b>3.6. Larger Works.</b></p>
<p>You may create a Larger Work by combining Covered
Software 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
Software.</p>
</li>
</ul>
</li>
<li>
<p><b>4. Versions of the License.</b></p>
<ul>
<li>
<p> <b>4.1. New Versions.</b></p>
<p>Sun Microsystems, Inc. is the initial license steward and
may publish revised and/or new versions of this License
from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.</p>
</li>
<li>
<p> <b>4.2. Effect of New Versions.</b></p>
<p>You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.</p>
</li>
<li>
<p> <b>4.3. Modified Versions.</b></p>
<p>When You are an Initial Developer and You want to create
a new license for Your Original Software, You may create
and use a modified version of this License if You:
(a)Â rename the license and remove any references to the
name of the license steward (except to note that the
license differs from this License); and (b)Â otherwise
make it clear that the license contains terms which differ
from this License.</p>
</li>
</ul>
</li>
<li>
<p> <b>5. DISCLAIMER OF WARRANTY.</b></p>
<p>COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
COVERED SOFTWARE 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 SOFTWARE IS WITH
YOU. SHOULD ANY COVERED SOFTWARE 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
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.</p>
</li>
<li>
<p> <b>6. TERMINATION.</b></p>
<ul>
<li>
<p><b>6.1.</b> 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. Provisions which, by
their nature, must remain in effect beyond the termination
of this License shall survive.</p>
</li>
<li>
<p><b>6.2.</b>
If You assert a patent infringement claim (excluding
declaratory
judgment actions) against Initial Developer or a
Contributor (the
Initial Developer or Contributor against whom You assert
such claim is
referred to as Participant) alleging that the Participant
Software
(meaning the Contributor Version where the Participant is
a Contributor
or the Original Software where the Participant is the
Initial
Developer) directly or indirectly infringes any patent,
then any and
all rights granted directly or indirectly to You by such
Participant,
the Initial Developer (if the Initial Developer is not the
Participant)
and all Contributors under Sections 2.1 and/or 2.2 of
this License
shall, upon 60 days notice from Participant terminate
prospectively and
automatically at the expiration of such 60 day notice
period, unless if
within such 60 day period You withdraw Your claim with
respect to the
Participant Software against such Participant either
unilaterally or
pursuant to a written agreement with Participant.</p>
</li>
<li>
<p><b>6.3.</b> In the event of termination under
Sections 6.1 or 6.2 above, all end user licenses that
have been validly granted by You or any distributor
hereunder prior to termination (excluding licenses granted
to You by any distributor) shall survive termination.</p>
</li>
</ul>
</li>
<li>
<p> <b>7. LIMITATION OF LIABILITY.</b></p>
<p>UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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
PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.</p>
</li>
<li>
<p> <b>8. U.S. GOVERNMENT END USERS.</b></p>
<p>The Covered Software is a commercial item, as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
commercial computer software (as that term is defined at 48
C.F.R. Â 252.227-7014(a)(1)) 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 Software with only those rights set
forth herein. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or
provision that addresses Government rights in computer
software under this License.</p>
</li>
<li>
<p> <b>9. MISCELLANEOUS.</b></p>
<p>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 the law of the jurisdiction
specified in a notice contained within the Original Software
(except to the extent applicable law, if any, provides
otherwise), excluding such jurisdictions conflict-of-law
provisions. Any litigation relating to this License shall be
subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within
the Original Software, 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.
You agree that You alone are responsible for compliance with
the United States export administration regulations (and the
export control laws and regulation of any other countries)
when You use, distribute or otherwise make available any
Covered Software.</p>
</li>
<li>
<p> <b>10. RESPONSIBILITY FOR CLAIMS.</b></p>
<p>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.</p>
</li>
</ul>
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