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IP*Works! .NET Edition

IP*Works! .NET Edition V5

This CA product contains the above software, portions of which are distributed in accordance with the following terms:

IMPORTANT: PLEASE READ THE FOLLOWING CAREFULLY.

THE FOLLOWING IS A SOFTWARE LICENSE RELATED TO YOUR USE OF THE /N SOFTWARE INC. IP*WORKS!

AND RELATED DOCUMENTATION (THE "LICENSED SOFTWARE"). BY CLICKING ON THE "YES" BUTTON OF

THE INSTALL PROGRAM, OR BY OPENING THE PACKAGE CONTAINING THE CDs, YOU ARE CONSENTING

TO BE BOUND BY THIS LICENSE AGREEMENT, AND THE TERMS SHALL BE BINDING WITH RESPECT TO

YOUR USE OF THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS

AGREEMENT, CLICK ON THE "NO" BUTTON, AND THE INSTALLATION PROCESS WILL CEASE, OR IF YOU

HAVE RECEIVED SOFTWARE ON CDs, THEN RETURN THE PRODUCT TO THE PLACE OF PURCHASE.

/N SOFTWARE INC. ‐ IP*WORKS! SOFTWARE LICENSE ‐ ROYALTY‐FREE COMPONENTS

1. LICENSE. In consideration of your payment of applicable license fees, /n software inc. ("/n software")

hereby grants to you, the undersigned, and you accept, a nonexclusive, nontransferable license to

install, use, and display a single copy of the Licensed Software on a single computer. You may move the

Licensed Software from one computer to another, but may not have the Licensed Software resident on

more than one computer unless you have paid a license for each additional computer. You may use the

Licensed Software for the purpose of developing your own software applications, in accordance with the

terms of Paragraph 2, below. A copy of the Licensed Software may be made for archival or backup

purposes as long as it contains all the original Licensed Software proprietary notices. You may not

sublicense, rent, distribute, lease or otherwise transfer or assign any or all of your rights in the Licensed

Software. You may use the Licensed Software solely in its original form, and may not change, alter or

modify the Licensed Software, translate, reverse assemble, reverse compile, disassemble, or in any way

reverse engineer the Licensed Software. This license does not grant you any right to bug, fixes,

enhancements, updates or new versions, but if such are made available to and are obtained by you,

then they shall become part of the Licensed Software and governed by the terms of this License. /n

software reserves all rights not expressly granted to you in this License.

2. CREATING APPLICATIONS. You may freely distribute your own applications that use Licensed Software

as a runtime component ("Applications") without payment to /n software, if and only if the Licensed

Software is not marked as a Free Trial or Demo Version, and the Applications: (a) contain no

modifications to the Licensed Software (including alterations to the original proprietary notices); and (b)

are in compiled, executable form; and (c) do not provide substantially the same functionality as the

Licensed Software or have as one of their purposes to build other software that would compete with the

Licensed Software; and (d) do not reproduce or distribute any portion of the documentation for the

Licensed Software or document the Application in a manner that identifies the programmatic interface

to the callable routines in the Licensed Software; and (e) are subject to a license agreement that (i)limits

Application end‐users use of the Licensed Software to a run‐time component, (ii) restricts the

Application end‐user from changing, altering or modifying the Licensed Software, creating derivative

works, translations, reverse assembling, reverse compiling, disassembling, or in any way reverse

engineering the Licensed Software, and (iii) prevents the Application end‐user from sublicensing,

renting, distributing, leasing or otherwise transferring or assigning any portion of the Licensed Software

other than as specifically permitted in this Paragraph 2, you may not create any derivative works of the

Licensed Software.

3. RIGHTS IN LICENSED SOFTWARE. You acknowledge that the Licensed Software and any copies,

regardless of the form or media in which the original or copies may exist, are the sole and exclusive

property of /n software; by accepting this License, you do not become the owner of the Licensed

Software recorded on the media. You further acknowledges that the Licensed Software, including the

code, logic and structure of the Licensed Software, contain valuable trade secrets belonging to /n

software. You agree to secure and protect the Licensed Software consistent with the maintenance of /n

software's rights in the Licensed Software, as set forth in this License.

4. COPIES. The Licensed Software is copyrighted under the laws of the United States and international

treaty provisions. Notwithstanding the copyright, the Licensed Software contains trade secrets and

confidential information of /n software. You agree not to disclose or otherwise make available any part

of the Licensed Software to any third party on any basis, other than as set forth in Paragraph 2. You

agree not to make any copies of the documentation that is provided in hard copy as part of the Licensed

Software.

5. TERM. This License shall be perpetual unless you fail to observe any of its terms, in which case it shall

terminate immediately, and without additional prior notice, provided, however, that copies of the runtime

component of the Licensed Software that are part of the Applications licensed to third parties may

be retained by such licensed third parties in accordance with this Agreement. Upon termination or

expiration of this Agreement, you shall return the original and all copies, complete or partial, of the

Licensed Software to /n software, and shall not access such media for the purpose of recovering any of

the Licensed Software from any copies that may exist with respect to media containing regular backups

of your computer or computer system. The terms of Paragraphs 3, 4, 6, 7, 8, 9 and 10 shall survive

termination of this Agreement.

6. DISCLAIMER OF WARRANTY. THE LICENSED SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF

ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE. FURTHER, /N SOFTWARE SPECIFICALLY DOES NOT WARRANT,

GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF

THE LICENSED SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY,

RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE

OF THE SOFTWARE IS ASSUMED BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY /N

SOFTWARE OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF

THIS WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

7. LIMITATION ON LIABILITY. The Licensed Software may produce inaccurate results because of a failure

or inaccuracy in the performance of the software, because you input incorrect data, or for many other

reasons. You assume full and sole responsibility for any use you make of the output from the Licensed

Software, and you bear the entire risks of there being an error in the output. You agree that regardless

of the cause of any error or the form of any claim, YOUR SOLE REMEDY AND /N SOFTWARE'S SOLE

OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL /N SOFTWARE'S

LIABILITY EXCEED THE PRICE PAID TO /N SOFTWARE FOR THE LICENSED SOFTWARE. YOU EXPRESSLY

AGREE THAT IN NO EVENT SHALL /N SOFTWARE BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR

SPECIAL DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR

ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF /N SOFTWARE HAS BEEN

APPRAISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION

DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COST OF

RECREATING DATA, COST OF CAPITAL, COST OF ANY SUBSTITUTE SOFTWARE, OR LOSSES CAUSED BY

DELAY. /n software shall not be responsible for any damages or expenses resulting from alteration or

unauthorized use of the Licensed Software, or from the unintended and unforeseen results obtained by

you resulting from such use.

8. INDEMNIFICATION. You hereby agree to indemnify /n software and its officers, directors, employees,

agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind,

including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason

of, or arising out of, any claim which is made by any third party with respect any breach or violation of

this Agreement by you or any claims based on the Applications and the Licensed Software included

therein.

9. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is Commercial Computer Software

provided with RESTRICTED RIGHTS under Federal Acquisition Regulations and agency supplements to

them. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in

subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227‐

7013 et. seq. or 252.211‐7015, or subparagraphs (a) through (d) of the Commercial Computer Software

Restricted Rights at FAR 52.227‐19, as applicable, or similar clauses in the NASA FAR Supplement.

Contractor/manufacturer is /n software inc., PO Box 13821, Research Triangle Park, NC 27709.

10. EXPORT CONTROLS. None of the Licensed Software, or underlying information may be exported,

directly or indirectly, without the prior written consent, if required, by the office of Export

Administration of the United States, Department of Commerce, nor to any country to which the U.S. has

embargoed goods, to any person on the U.S. Treasury Department's list of Specially Designated Nations

or the U.S. Commerce Department's Table of Denials. By consenting to this License you warrant that you

are not located in, under the control of, or a national or resident of any such country or appear on any

such list and further warrant that you will not distribute the run‐time version of the Licensed Software

to any entity that is located in, under the control of, or a national or resident of any such country or

appears on any such list.

11. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT,

AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS LICENSE IS THE

COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN /N SOFTWARE AND YOU,

WHICH SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR LICENSE, ORAL OR WRITTEN, AND ANY

OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER OF THIS LICENSE. This License shall be

construed in accordance with the internal laws of North Carolina and all disputes shall have exclusive

venue in the federal and state courts in Durham County, North Carolina, and both parties consent to the

jurisdiction of these courts. If any term of this License shall be found invalid, the term shall be modified

or omitted to the extent necessary, and the remainder of the License shall continue in full effect.

Java Architecture for XML Binding (JAXB)

Java Architecture for XML Binding (JAXB) 2.1.13

JAXB was obtained under the CDDL v.1.0 license, the terms and conditions of which are set forth below. JAXB is distributed by CA for use with this CA product in unmodified, object code form, under the CA license agreement. Any provisions in the CA license agreement that differ from the CDDL are offered by CA alone and not by any other party. Source code for JAXB is available at http://jaxb.java.net/2.1.13/. In addition, CA makes the source code for JAXB available at http://opensrcd.ca.com/ips/11844_1/ under the terms of the CDDL v.1.0. license:

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1

1. Definitions.

1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

1.3. "Covered Software" 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.

1.4. "Executable" means the Covered Software in any form other than Source Code.

1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.

1.6. "Larger Work" means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.

1.7. "License" means this document.

1.8. "Licensable" 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.

1.9. "Modifications" means the Source Code and Executable form of any of the following:

A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;

B. Any new file that contains any part of the Original Software or previous Modification; or

C. Any new file that is contributed or otherwise made available under the terms of this License.

1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.

1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.

1.13. "You" (or "Your") 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) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant.

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:

(a) 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

(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).

(c) 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.

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.

2.2. Contributor Grant.

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:

(a) 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

(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) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

(c) 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.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

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.

3.2. Modifications.

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.

3.3. Required Notices.

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.

3.4. Application of Additional Terms.

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.

3.5. Distribution of Executable Versions.

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 recipient's 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.

3.6. Larger Works.

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.

4. Versions of the License.

4.1. New Versions.

Oracle 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.

4.2. Effect of New Versions.

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.

4.3. Modified Versions.

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) 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) otherwise make it clear that the license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY.

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.

6. TERMINATION.

6.1. 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.

6.2. 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.

6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

6.4. 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.

7. LIMITATION OF LIABILITY.

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 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 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

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. § 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.

9. 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 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 jurisdiction's 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.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability.

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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.