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Enhydra PUBLIC LICENSE
Version 1.1
1. Definitions
This license is a union of the following two parts that should be found
as text files in the
same place (directory), in the order of preeminence:
[1] This file itself, named EPL.html
[2] The contents of the file opl.html, stating
the general licensing policy of the
software.
2. Precedence of the license parts
In case of conflicting dispositions in the parts of this license, the
terms of the lower-
numbered part will always be superseded by the terms of the higher numbered
part.
3. Lutris Technologies, Inc. is License Author
For the purposes of this License the "License Author" defined
in section 1.13 of
OPL.html shall be Lutris Technologies, Inc., 1200 Pacific Ave., Santa
Cruz, CA.
95060. (http://www.lutris.com)
4. Section 11 of the OPL.html:
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof.
If any provision of this License is held to be unenforceable, such provision
shall
be reformed only to the extent necessary to make it enforceable. This
License
shall be governed by California, 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 San Francisco 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 San Francisco 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.
5. Exhibit A
"The contents of this file are subject to the Enhydra Public License
Version 1.1
(the "License"); you may not use this file except in compliance
with the
License. You may obtain a copy of the License on the Enhydra web site
(http://www.enhydra.org).
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 terms governing rights and limitations under
the
License.
The Initial Developer of the Enhydra Application Server is Lutris Technologies,
Inc. The Enhydra Application Server and portions created by Lutris
Technologies, Inc. are Copyright Lutris Technologies, Inc. All Rights
Reserved.
Contributor(s): ______________________________________. "
6. Exhibit B
Part of the software embedded in this product is Enhydra (Java[TM]/XML
Application Server), a trademark of Lutris Technologies Inc.
Portions created by Lutris are Copyright 1997-2000 Lutris Technologies
(http://www.lutris.com).
All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY LUTRIS AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
7. Trademarks
You shall not remove or alter any Lutris or Enhydra trademark or trade
name placed in
the Original Code by Lutris. All copies of the Covered Code distributed
by You shall
include any such Lutris and Enhydra trademarks and trade names, as well
as all required
notices provided for in Sections 3.5 and 3.6. Except for the foregoing
obligation, You are
granted no rights to reproduce or display any Lutris or Enhydra trademarks
or trade
names.
8. Section 1.10 of OPL
The following shall be added to section 1.10: "Original Code"
shall include, but is not
limited to, all the files in the Java packages in coveredCode.html.
9. Section 3.2 of OPL 1.0
As used in section 3.2 of the OPL "Contact Means" shall mean
the email address
info@lutris.com
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