Dec 17, 2014

 

 

TID MSP430 SMBus GUI Manifest

 

 

 

Legend (explanation of the fields in the Manifest Table below)

 

Software Name

The name of the application or file

Version

Version of the application or file

License Type

Type of license(s) under which TI will be providing software to the licensee (e.g. BSD, GPLv2, TI TSPA License, TI Commercial License). See Open Source Reference License Disclaimer in the Disclaimers Section.

Location

The directory name and path on the media (or in an archive) where the Software is located.

Delivered As

This field will either be “Source”, “Binary” or “Source and Binary” and is the form the content of the Software is delivered in.  If the Software is delivered in an archive format, this field applies to the contents of the archive. If the word Limited is used with Source, as in “Limited Source” or “Limited Source and Binary” then only portions of the Source for the application are provided.

Modified by TI

This field will either be “Yes” or “No”. A “Yes” means TI has made changes to the Software. A “No” means TI has not made any changes. Note: This field is not applicable for Software “Obtained from” TI.

Obtained from

This field specifies from where or from whom TI obtained the Software. It may be a URL to an Open Source site, a 3rd party licensor, or TI (if TI developed the software). If this field contains a link to Open Source software, the date TI downloaded the Software is also recorded. See Links Disclaimer in the Disclaimers Section.

 

 

 

DISCLAIMERS

 

Export Control Classification Number (ECCN)

 

Any use of ECCNs listed in the Manifest is at the user’s risk and without recourse to TI.   Your company, as the exporter of record, is responsible for determining the correct classification of any item at the time of export. Any export classification by TI of Software is for TI’s internal use only and shall not be construed as a representation or warranty regarding the proper export classification for such Software or whether an export license or other documentation is required for exporting such Software. 

 

Links in the Manifest

 

Any links appearing on this Manifest (for example in the “Obtained from” field) were verified at the time the Manifest was created. TI makes no guarantee that any listed links will remain active in the future.

Open Source License References

Your company is responsible for confirming the applicable license terms for any open source Software listed in this Manifest that was not “Obtained from” TI.  Any open source license specified in this Manifest for Software that was not “Obtained from” TI is for TI’s internal use only and shall not be construed as a representation or warranty regarding the proper open source license terms for such Software.


 

Export Information

 

ECCN for Software included in this release:  Publicly Available

 

ECCN for Technology (e.g., user documentation, specifications) included in this release: Publicly Available

 

 

Manifest

 

See Legend above for a description of the columns and possible values.

 

Software Name

Version

License Type

Delivered

As

Modified by

TI

 

TID_SMBus_GUI.jar

1.00.00.00

BSD-3-Clause & LGPL-2.1 and CDDL-1.0

Binary

N/A

Location

[installed path]/dist/ TID_SMBus_GUI.jar

Obtained from

Texas Instruments

TID_SMBus_GUI source

1.00.00.00

BSD-3-Clause

Source

N/A

Location

[installed path]/src/*

Obtained from

Texas Instruments

RXTX  Library

2.1.7

LGPL-2.1 with RXTX Exception

Source and Binary

No

Location

[installed path]/*RXTX*

Obtained from

http://rxtx.qbang.org/wiki/index.php/Main_Page

jCommon

1.0.23

LGPL V2.1

Source and Binary

No

Location

[installed path]/*jCommon*

Obtained from

http://www.jfree.org/jcommon/

jFreeChart

1.0.19

LGPL V2.1

Source and Binary

No

Location

[installed path]/*jFreeChart*

Obtained from

http://www.jfree.org/jfreechart/

AbsoluteLayout

1.0.1

CDDL-1.0 (1)

Binary

No

Location

[installed path]/lib/absolutelayout

Obtained from

https://netbeans.org/

Netbeans project

1.00.00.00

CDDL-1.0 (1)

Source

Auto generated project files

Location

[installed path]/nbproject

Obtained from

Texas Instruments

(1)   Netbeans and absolute layout are dual licensed under CDDL1.0  and GPL 2. TI is using and distributing them under the CDDL.

 

Credits

 

Note: Some open source licenses may require a specific credit or attribution in product documentation. Those credits should be listed here.

 

 

Licenses

 

 

Note: If the “Type of License(s)” field above lists any open source, TI TSPA or TI TSU licenses, the entire license must be attached or cut and pasted below (if cutting and pasting, be sure to include all terms of the license). 

 

 

BSD

 

 Copyright (c) 2013, Texas Instruments Incorporated

 All rights reserved.

 

 Redistribution and use in source and binary forms, with or without

 modification, are permitted provided that the following conditions

 are met:

 

 *  Redistributions of source code must retain the above copyright

    notice, this list of conditions and the following disclaimer.

 

 *  Redistributions in binary form must reproduce the above copyright

    notice, this list of conditions and the following disclaimer in the

    documentation and/or other materials provided with the distribution.

 

 *  Neither the name of Texas Instruments Incorporated nor the names of

    its contributors may be used to endorse or promote products derived

    from this software without specific prior written permission.

 

 THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"

 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 COPYRIGHT OWNER OR

 CONTRIBUTORS 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.

 

 

 

JFreeChart

                          GNU LESSER GENERAL PUBLIC LICENSE

                               Version 2.1, February 1999

 

 Copyright (C) 1991, 1999 Free Software Foundation, Inc.

     59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

 Everyone is permitted to copy and distribute verbatim copies

 of this license document, but changing it is not allowed.

 

[This is the first released version of the Lesser GPL.  It also counts

 as the successor of the GNU Library Public License, version 2, hence

 the version number 2.1.]

 

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  We call this license the "Lesser" General Public License because it

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RXTX Java Library

/*-------------------------------------------------------------------------

|   RXTX License v 2.1 - LGPL v 2.1 + Linking Over Controlled Interface.

|   RXTX is a native interface to serial ports in java.

|   Copyright 1997-2007 by Trent Jarvi tjarvi@qbang.org and others who

|   actually wrote it.  See individual source files for more information.

|

|   A copy of the LGPL v 2.1 may be found at

|   http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html on November 21st 2007

|   A copy is here for your convenience.

|

|   This library is free software; you can redistribute it and/or

|   modify it under the terms of the GNU Lesser General Public

|   License as published by the Free Software Foundation; either

|   version 2.1 of the License, or (at your option) any later version.

|

|   This library is distributed in the hope that it will be useful,

|   but WITHOUT ANY WARRANTY; without even the implied warranty of

|   MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU

|   Lesser General Public License for more details.

|

|   An executable that contains no derivative of any portion of RXTX, but

|   is designed to work with RXTX by being dynamically linked with it,

|   is considered a "work that uses the Library" subject to the terms and

|   conditions of the GNU Lesser General Public License.

|

|   The following has been added to the RXTX License to remove

|   any confusion about linking to RXTX.   We want to allow in part what

|   section 5, paragraph 2 of the LGPL does not permit in the special

|   case of linking over a controlled interface.  The intent is to add a

|   Java Specification Request or standards body defined interface in the

|   future as another exception but one is not currently available.

|

|   http://www.fsf.org/licenses/gpl-faq.html#LinkingOverControlledInterface

|

|   As a special exception, the copyright holders of RXTX give you

|   permission to link RXTX with independent modules that communicate with

|   RXTX solely through the Sun Microsytems CommAPI interface version 2,

|   regardless of the license terms of these independent modules, and to copy

|   and distribute the resulting combined work under terms of your choice,

|   provided that every copy of the combined work is accompanied by a complete

|   copy of the source code of RXTX (the version of RXTX used to produce the

|   combined work), being distributed under the terms of the GNU Lesser General

|   Public License plus this exception.  An independent module is a

|   module which is not derived from or based on RXTX.

|

|   Note that people who make modified versions of RXTX are not obligated

|   to grant this special exception for their modified versions; it is

|   their choice whether to do so.  The GNU Lesser General Public License

|   gives permission to release a modified version without this exception; this

|   exception also makes it possible to release a modified version which

|   carries forward this exception.

|

|   You should have received a copy of the GNU Lesser General Public

|   License along with this library; if not, write to the Free

|   Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

|   All trademarks belong to their respective owners.

--------------------------------------------------------------------------*/

 

LGPL V2.1

 

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                                        NO WARRANTY

 

  15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO

WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR

OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY

KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE

LIBRARY IS WITH YOU.  SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME

THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

 

  16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN

WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY

AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE LIABLE TO YOU

FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR

CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE

LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING

RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A

FAILURE OF THE LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF

SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH

DAMAGES.

 

                             END OF TERMS AND CONDITIONS

 

           How to Apply These Terms to Your New Libraries

 

  If you develop a new library, and you want it to be of the greatest

possible use to the public, we recommend making it free software that

everyone can redistribute and change.  You can do so by permitting

redistribution under these terms (or, alternatively, under the terms of the

ordinary General Public License).

 

  To apply these terms, attach the following notices to the library.  It is

safest to attach them to the start of each source file to most effectively

convey the exclusion of warranty; and each file should have at least the

"copyright" line and a pointer to where the full notice is found.

 

    <one line to give the library's name and a brief idea of what it does.>

    Copyright (C) <year>  <name of author>

 

    This library is free software; you can redistribute it and/or

    modify it under the terms of the GNU Lesser General Public

    License as published by the Free Software Foundation; either

    version 2.1 of the License, or (at your option) any later version.

 

    This library is distributed in the hope that it will be useful,

    but WITHOUT ANY WARRANTY; without even the implied warranty of

    MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.  See the GNU

    Lesser General Public License for more details.

 

    You should have received a copy of the GNU Lesser General Public

    License along with this library; if not, write to the Free Software

    Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA  02111-1307  USA

 

Also add information on how to contact you by electronic and paper mail.

 

You should also get your employer (if you work as a programmer) or your

school, if any, to sign a "copyright disclaimer" for the library, if

necessary.  Here is a sample; alter the names:

 

  Yoyodyne, Inc., hereby disclaims all copyright interest in the

  library `Frob' (a library for tweaking knobs) written by James Random Hacker.

 

  <signature of Ty Coon>, 1 April 1990

  Ty Coon, President of Vice

 

That's all there is to it!

 

 

 

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0

 

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 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.

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 Corp. 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. 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 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.

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 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.

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.

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.