obligation or representation contained herein shall be deemed void
    to that extent, and shall be of no force or effect.

4. COMMERCIAL USE AND INDEMNITY.

    4.1. COMMERCIAL SERVICES.

    A Recipient ("COMMERCIAL RECIPIENT") may choose to offer, and to
    charge a fee for, warranty, support, indemnity or liability
    obligations (collectively, "SERVICES") to one or more other
    Recipients or Distributors. However, such Commercial Recipient may
    do so only on that Commercial Recipient's own behalf, and not on
    behalf of any other Distributor or Recipient, and Commercial
    Recipient must make it clear than any such warranty, support,
    indemnity or liability obligation(s) is/are offered by Commercial
    Recipient alone. At no time may Commercial Recipient use any
    Services to deny any party the Licensed Work in Source Code or
    Executable form when so required under any of the other terms of
    this License. For greater certainty, this Section 4.1 does not
    diminish any of the other terms of this License, including without
    limitation the obligation of the Commercial Recipient as a
    Distributor, when distributing any of the Licensed Work in Source
    Code or Executable form, to make such distribution royalty-free
    (subject to the right to charge a fee of no more than the cost of
    physically performing Source Code or Executable distribution (as
    the case may be)).

    4.2. INDEMNITY.

    Commercial distributors of software may accept certain
    responsibilities with respect to end users, business partners and
    the like. While this License is intended to facilitate the
    commercial use of the Licensed Work, the Distributor who includes
    any of the Licensed Work in a commercial product offering should do
    so in a manner which does not create potential liability for other
    Distributors. Therefore, if a Distributor includes the Licensed
    Work in a commercial product offering or offers any Services, such
    Distributor ("COMMERCIAL DISTRIBUTOR") hereby agrees to defend and
    indemnify every other Distributor or Subsequent Contributor (in
    each case an "INDEMNIFIED PARTY") against any losses, damages and
    costs (collectively "LOSSES") arising from claims, lawsuits and
    other legal actions brought by a third party against the
    Indemnified Party to the extent caused by the acts or omissions of
    such Commercial Distributor in connection with its distribution of
    any of the Licensed Work in a commercial product offering or in
    connection with any Services. The obligations in this section do
    not apply to any claims or Losses relating to any actual or alleged
    intellectual property infringement. In order to qualify, an
    Indemnified Party must: (a) promptly notify the Commercial
    Distributor in writing of such claim; and (b) allow the Commercial
    Distributor to control, and co-operate with the Commercial
    Distributor in, the defense and any related settlement
    negotiations. The Indemnified Party may participate in any such
    claim at its own expense.

5. VERSIONS OF THE LICENSE.

    5.1. NEW VERSIONS.

    The Initial Contributor may publish revised and/or new versions of
    the License from time to time. Each version will be given a
    distinguishing version number.

    5.2. EFFECT OF NEW VERSIONS.

    Once the Licensed Work or any portion thereof has been published by
    Initial Contributor under a particular version of the License,
    Recipient may choose to continue to use it under the terms of that
    version. However, if a Recipient chooses to use the Licensed Work
    under the terms of any subsequent version of the License published
    by the Initial Contributor, then from the date of making this
    choice, the Recipient must comply with the terms of that subsequent
    version with respect to all further reproduction, preparation of
    derivative works, public display of, public performance of,
    distribution and sublicensing by the Recipient in connection with
    the Licensed Work. No one other than the Initial Contributor has
    the right to modify the terms applicable to the Licensed Work

6. DISCLAIMER OF WARRANTY.

    6.1. GENERAL DISCLAIMER.

    EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE LICENSED WORK IS
    PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT ANY
    REPRESENTATION, WARRANTY, GUARANTEE, ASSURANCE OR CONDITION OF ANY
    KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
    WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
    MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
    RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED WORK IS WITH
    RECIPIENT. SHOULD ANY LICENSED WORK PROVE DEFECTIVE IN ANY RESPECT,
    RECIPIENT (NOT THE INITIAL CONTRIBUTOR OR ANY SUBSEQUENT
    CONTRIBUTOR) ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR
    CORRECTION. THIS CLAUSE CONSTITUTES AN ESSENTIAL PART OF THIS
    LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED HEREUNDER EXCEPT
    UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION THIS DISCLAIMER.

    6.2. RESPONSIBILITY OF RECIPIENTS.

    Each Recipient is solely responsible for determining the
    appropriateness of using and distributing the Licensed Work and
    assumes all risks associated with its exercise of rights under this
    License, including but not limited to the risks and costs of
    program errors, compliance with applicable laws, damage to or loss
    of data, programs or equipment, and unavailability or interruption
    of operations.

7. TERMINATION.

    7.1. This License shall continue until terminated in accordance
    with the express terms herein.

    7.2. Recipient may choose to terminate this License automatically
    at any time.

    7.3. This License, including without limitation the rights granted
    hereunder to a particular Recipient, will terminate automatically
    if such Recipient is in material breach of any of the terms of this
    License and fails to cure such breach within sixty (60) days of
    becoming aware of the breach. Without limiting the foregoing, any
    material breach by such Recipient of any term of any other License
    under which such Recipient is granted any rights to the Licensed
    Work shall constitute a material breach of this License.

    7.4. Upon termination of this License by or with respect to a
    particular Recipient for any reason, all rights granted hereunder
    and under any other License to that Recipient shall terminate.
    However, all sublicenses to the Licensed Work which were previously
    properly granted by such Recipient under a copy of this License (in
    each case, an "Other License" and in plural, "Other Licenses")
    shall survive any such termination of this License, including
    without limitation the rights and obligations under such Other
    Licenses as set out in their respective Sections 2, 3, 4, 5, 6, 7
    and 8, mutatis mutandis, for so long as the respective sublicensees
    (i.e. other Recipients) remain in compliance with the terms of the
    copy of this License under which such sublicensees received rights
    to the Licensed Work. Any termination of such Other Licenses shall
    be pursuant to their respective Section 7, mutatis mutandis.
    Provisions which, by their nature, must remain in effect beyond the
    termination of this License shall survive.

    7.5. Upon any termination of this License by or with respect to a
    particular Recipient, Sections 4.1, 4.2, 6.1, 6.2, 7.4, 7.5, 8.1,
    and 8.2, together with all provisions of this License necessary for
    the interpretation and enforcement of same, shall expressly survive
    such termination.

8. LIMITATION OF LIABILITY.

    8.1. IN NO EVENT SHALL ANY OF INITIAL CONTRIBUTOR, ITS
    SUBSIDIARIES, OR AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE
    OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS (AS THE CASE MAY BE),
    HAVE ANY LIABILITY FOR ANY DIRECT DAMAGES, INDIRECT DAMAGES,
    PUNITIVE DAMAGES, INCIDENTAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY
    DAMAGES, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER
    (INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR PROFITS, OR ANY
    OTHER LOSS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE,
    INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE
    OF THE LICENSED WORK OR ANY PART THEREOF OR THE PROVISION OF OR
    FAILURE TO PROVIDE SUPPORT SERVICES, OR THAT RESULT FROM ERRORS,
    DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY
    OTHER FAILURE OF PERFORMANCE), HOWEVER CAUSED AND ON ANY THEORY OF
    LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
    (INCLUDING NEGLIGENCE OR OTHERWISE) IN RELATION TO OR ARISING IN
    ANY WAY OUT OF THIS LICENSE OR THE USE OR DISTRIBUTION OF THE
    LICENSED WORK OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN
    IF ADVISED 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. THIS CLAUSE CONSTITUTES AN ESSENTIAL
    PART OF THIS LICENSE. NO USE OF ANY LICENSED WORK IS AUTHORIZED
    HEREUNDER EXCEPT UNDER THIS LICENSE INCLUDING WITHOUT LIMITATION
    THE LIMITATIONS SET FORTH IN THIS SECTION 8.1.

    8.2. EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, EACH RECIPIENT
    SHALL NOT HAVE ANY LIABILITY FOR ANY EXEMPLARY, OR CONSEQUENTIAL
    DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE LICENSED WORK OR THE
    EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED 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.

9. GOVERNING LAW AND LEGAL ACTION.

    9.1. This License shall be governed by and construed in accordance
    with the laws of the Governing Jurisdiction assigned in Part 3 of
    Exhibit A, without regard to its conflict of law provisions. No
    party may bring a legal action under this License more than one
    year after the cause of the action arose. Each party waives its
    rights (if any) to a jury trial in any litigation arising under
    this License. Note that if the Governing Jurisdiction is not
    assigned in Part 3 of Exhibit A, then the Governing Jurisdiction
    shall be the State of New York.

    9.2. The courts of the Governing Jurisdiction shall have
    jurisdiction, but not exclusive jurisdiction, to entertain and
    determine all disputes and claims, whether for specific
    performance, injunction, damages or otherwise, both at law and in
    equity, arising out of or in any way relating to this License,
    including without limitation, the legality, validity, existence and
    enforceability of this License. Each party to this License hereby
    irrevocably attorns to and accepts the jurisdiction of the courts
    of the Governing Jurisdiction for such purposes.

    9.3. Except as expressly set forth elsewhere herein, in the event
    of any action or proceeding brought by any party against another
    under this License the prevailing party shall be entitled to
    recover all costs and expenses including the fees of its attorneys
    in such action or proceeding in such amount as the court may
    adjudge reasonable.

10. MISCELLANEOUS.

    10.1. The obligations imposed by this License are for the benefit
    of the Initial Contributor and any Recipient, and each Recipient
    acknowledges and agrees that the Initial Contributor and/or any
    other Recipient may enforce the terms and conditions of this
    License against any Recipient.

    10.2. This License represents the complete agreement concerning
    subject matter hereof, and supersedes and cancels all previous oral
    and written communications, representations, agreements and
    understandings between the parties with respect to the subject
    matter hereof.

    10.3. The application of the United Nations Convention on Contracts
    for the International Sale of Goods is expressly excluded.

    10.4. The language in all parts of this License shall be in all
    cases construed simply according to its fair meaning, and not
    strictly for or against any of the parties hereto. Any law or
    regulation which provides that the language of a contract shall be
    construed against the drafter shall not apply to this License.

    10.5. If any provision of this License is invalid or unenforceable