5.      Inability to Comply Due to Statute or Regulation.  If it is impossible for you to comply with any of the terms of this License with respect to some or all of the Licensed Product due to statute, judicial order, or regulation, then you must (i) comply with the terms of this License to the maximum extent possible, (ii) cite the statute or regulation that prohibits you from adhering to the License, and (iii) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 4(d), and must be included with all distributions of the Source Code.  Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill at computer programming to be able to understand it. 6.      Application of This License.  This License applies to code to which Licensor or Contributor has attached the Notice in Exhibit A, which is incorporated herein by this reference.7.      Versions of This License.a.       New Versions.  Licensor may publish from time to time revised and/or new versions of the License. b.       Effect of New Versions.  Once Licensed Product has been published under a particular version of the License, you may always continue to use it under the terms of that version.  You may also choose to use such Licensed Product under the terms of any subsequent version of the License published by Licensor.  No one other than Licensor has the right to modify the terms applicable to Licensed Product created under this License.c.       Derivative Works of this License.  If you create or use a modified version of this License, which you may do only in order to apply it to software that is not already a Licensed Product under this License, you must rename your license so that it is not confusingly similar to this License, and must make it clear that your license contains terms that differ from this License.  In so naming your license, you may not use any trademark of Licensor or any Contributor.8.      Disclaimer of Warranty.  LICENSED PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE LICENSED PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH YOU.  SHOULD LICENSED PRODUCT PROVE DEFECTIVE IN ANY RESPECT, YOU (AND NOT THE LICENSOR 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 LICENSED PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.9.      Termination. a.       Automatic Termination Upon Breach.  This license and the rights granted hereunder will terminate automatically if you fail to comply with the terms herein and fail to cure such breach within thirty (30) days of becoming aware of the breach.  All sublicenses to the Licensed Product that are properly granted shall survive any termination of this license.  Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.b.       Termination Upon Assertion of Patent Infringement.  If you initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Licensor or a Contributor (Licensor or Contributor against whom you file such an action is referred to herein as Respondent) alleging that Licensed Product directly or indirectly infringes any patent, then any and all rights granted by such Respondent to you under Sections 1 or 2 of this License shall terminate prospectively upon sixty (60) days notice from Respondent (the "Notice Period") unless within that Notice Period you either agree in writing (i) to pay Respondent a mutually agreeable reasonably royalty for your past or future use of Licensed Product made by such Respondent, or (ii) withdraw your litigation claim with respect to Licensed Product against such Respondent.  If within said Notice Period a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Licensor to you under Sections 1 and 2 automatically terminate at the expiration of said Notice Period.c.       Reasonable Value of This License.  If you assert a patent infringement claim against Respondent alleging that Licensed Product 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 said Respondent under Sections 1 and 2 shall be taken into account in determining the amount or value of any payment or license.d.       No Retroactive Effect of Termination.  In the event of termination under Sections 9(a) or 9(b) above, all end user license agreements (excluding licenses to distributors and resellers) that have been validly granted by you or any distributor hereunder prior to termination shall survive termination.10.  Limitation of Liability.  UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE LICENSOR, ANY CONTRIBUTOR, OR ANY DISTRIBUTOR OF LICENSED PRODUCT, 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 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. 11.  Responsibility for Claims.  As between Licensor and Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License.  You agree to work with Licensor and Contributors to distribute such responsibility on an equitable basis.  Nothing herein is intended or shall be deemed to constitute any admission of liability.12.  U.S. Government End Users.  The Licensed Product is a commercial item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software 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 Licensed Product with only those rights set forth herein.13.  Miscellaneous.  This License represents the complete agreement concerning the 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 law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions.  You expressly agree that any litigation relating to this license shall be subject to the jurisdiction of the Federal Courts of the Northern District of California or the Superior Court of the County of Santa Clara, California (as appropriate), with venue lying in Santa Clara 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.  You and Licensor expressly waive any rights to a jury trial in any litigation concerning Licensed Product or this License.  Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License.14.  Definition of You in This License. You throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 7.  For legal entities, you includes any entity that controls, is controlled by, or is under common control with you.  For purposes of this definition, control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.15.  Glossary.  All defined terms in this License that are used in more than one Section of this License are repeated here, in alphabetical order, for the convenience of the reader.  The Section of this License in which each defined term is first used is shown in parentheses. Contributor:  Each person or entity who created or contributed to the creation of, and distributed, a Modification.  (See Section 2)Derivative Works: That term as used in this License is defined under U.S. copyright law.  (See Section 1(b))License:  This BitTorrent Open Source License.  (See first paragraph of License)Licensed Product:  Any BitTorrent Product licensed pursuant to this License.  The term "Licensed Product" includes all previous Modifications from any Contributor that you receive.  (See first paragraph of License and Section 2)Licensor:  BitTorrent, Inc.  (See first paragraph of License)Modifications:  Any additions to or deletions from the substance or structure of (i) a file containing Licensed Product, or (ii) any new file that contains any part of Licensed Product.  (See Section 2)Notice:  The notice contained in Exhibit A.  (See Section 4(e))Source Code: The preferred form for making modifications to the Licensed Product, including all modules contained therein, plus any associated interface definition files, scripts used to control compilation and installation of an executable program, or a list of differential comparisons against the Source Code of the Licensed Product.  (See Section 1(a))You:  This term is defined in Section 14 of this License.EXHIBIT AThe Notice below must appear in each file of the Source Code of any copy you distribute of the Licensed Product or any hereto.  Contributors to any Modifications may add their own copyright notices to identify their own contributions.License:The contents of this file are subject to the BitTorrent Open Source License Version 1.0 (the License).  You may not copy or use this file, in either source code or executable form, except in compliance with the License.  You may obtain a copy of the License at http://www.bittorrent.com/license/.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 language governing rights and limitations under the License.