206 lines
11 KiB
Plaintext
Executable File
206 lines
11 KiB
Plaintext
Executable File
CCM PUBLIC LICENSE VERSION 1.0
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THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS CCM PUBLIC LICENSE
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("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
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RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
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1. DEFINITIONS
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"Contribution" means:
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a. in the case of Red Hat, Inc. ("RED HAT"), the Original Program, and
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b. in the case of each Contributor,
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i. changes to any component of the Program, and
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ii. additions to the Program, including source code, object code and
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documentation, where such changes and/or additions to the Program originate
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from and are distributed by that particular Contributor. A Contribution
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'originates' from a Contributor if it was added to the Program by such
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Contributor itself or anyone acting on such Contributor's
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behalf. Contributions do not include additions to the Program which: (i) are
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separate modules of software distributed in conjunction with the Program
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under their own license agreement, and (ii) are not derivative works of the
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Program.
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"Contributor" means RED HAT and any other entity that distributes the Program.
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"Licensed Patents " mean patent claims licensable by a Contributor which are
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necessarily infringed by the use or sale of its Contribution alone or when
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combined with the Program.
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"Original Program" means the original version of the software accompanying this
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Agreement as released by RED HAT, including source code, object code and
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documentation, if any.
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"Program" means the Original Program and Contributions.
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"Recipient" means anyone that receives the Program under this Agreement,
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including all Contributors.
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2. GRANT OF RIGHTS
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a. Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non exclusive, worldwide, royalty free copyright license to
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reproduce, prepare derivative works of,publicly display, publicly perform and
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distribute and sublicense the Contribution of such Contributor, if any, and such
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derivative works, in source code and object code form.
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b. Subject to the terms of this Agreement, each Contributor hereby grants
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Recipient a non exclusive, worldwide, royalty free patent license under
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Licensed Patents to make, use, sell, offer to sell, import and otherwise
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transfer the Contribution of such Contributor, if any, in source code and object
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code form. This patent license shall apply to the combination of the
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Contribution and the Program if, at the time the Contribution is added by the
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Contributor, such addition of the Contribution causes such combination to be
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covered by the Licensed Patents. The patent license shall not apply to any other
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combinations which include the Contribution. No hardware per se is licensed
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hereunder.
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c. Recipient understands that although each Contributor grants the licenses to
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its Contributions set forth herein, no assurances are provided by any
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Contributor that the Program does not infringe the patent or other intellectual
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property rights of any other entity. Each Contributor disclaims any liability to
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Recipient for claims brought by any other entity based on infringementof
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intellectual property rights or otherwise. As a condition to exercising the
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rights and licenses granted hereunder, each Recipient hereby assumes sole
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responsibility to secure any other intellectual property rights needed, if
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any. For example, if a third party patent license is required to allow
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Recipient to distribute the Program, it is Recipient's responsibility to acquire
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that license before distributing the Program.
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d. Each Contributor represents that to its knowledge it has sufficient copyright
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rights in its Contribution, if any, to grant the copyright license set forth in
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this Agreement.
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3. REQUIREMENTS
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A Contributor may choose to distribute the Program in object code form under its
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own license agreement, provided that:
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a. it complies with the terms and conditions of this Agreement; and
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b. its license agreement:
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i. effectively disclaims on behalf of all Contributors all warranties and
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conditions, express and implied, including warranties or conditions of title and
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non infringement, and implied warranties or conditions of merchantability and
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fitness for a particular purpose;
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ii. effectively excludes on behalf of all Contributors all liability for
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damages, including direct, indirect, special, incidental and consequential
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damages, such as lost profits;
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iii. states that any provisions which differ from this Agreement are offered by
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that Contributor alone and not by any other party; and
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iv. states that source code for the Program is available from such Contributor,
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and informs licensees how to obtain it in a reasonable manner on or through a
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medium customarily used for software exchange.
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When the Program is made available in source code form:
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i. it must be made available under this Agreement; and
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ii. a copy of this Agreement must be included with each copy of the Program.
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Each Contributor must include the following in a conspicuous location in the
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Program:
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Copyright (C) 2002. Red Hat, Inc. and others. All Rights Reserved.
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In addition, each Contributor must identify itself as the originator of its
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Contribution, if any, in a manner that reasonably allows subsequent Recipients
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to identify the originator of the Contribution.
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4. COMMERCIAL DISTRIBUTION
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Commercial distributors of software may accept certain responsibilities with
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respect to end users, business partners and the like. While this license is
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intended to facilitate the commercial use of the Program, any Contributor that
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includes the Program in a commercial product offering or any service related to
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the Program should do so in a manner which does not create potential liability
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for other Contributors. Therefore, if a Contributor includes the Program in such
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a commercial offering, such Contributor ("Commercial Contributor") hereby agrees
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to defend and indemnify every other Contributor ("Indemnified Contributor")
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against any losses, damages and costs (collectively "Losses") arising from
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claims, lawsuits and other legal actions brought by a third party against the
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Indemnified Contributor to the extent caused by the acts or omissions of such
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Commercial Contributor in connection with its commercial offering. The
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obligations in this section do not apply to any claims or Losses relating to any
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actual or alleged intellectual property infringement. In order to qualify, an
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Indemnified Contributor must: a) promptly notify the Commercial Contributor in
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writing of such claim, and b) allow the Commercial Contributor to control, and
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cooperate with the Commercial Contributor in, the defense and any related
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settlement negotiations. The Indemnified Contributor may participate in any such
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claim at its own expense.
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5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
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PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
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EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
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CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
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appropriateness of using and distributing the Program and assumes all risks
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associated with its exercise of rights under this Agreement, including but not
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limited to the risks and costs of program errors, compliance with applicable
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laws, damage to or loss of data, programs or equipment, and unavailability or
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interruption of operations.
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6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
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NEITHER RED HAT NOR RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR
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ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
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(INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
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OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM
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OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
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POSSIBILITY OF SUCH DAMAGES.
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7. GENERAL
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If any provision of this Agreement is invalid or unenforceable under applicable
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law, it shall not affect the validity or enforceability of the remainder of the
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terms of this Agreement, and without further action by the parties hereto, such
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provision shall be reformed to the minimum extent necessary to make such
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provision valid and enforceable.
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If Recipient institutes patent litigation against a Contributor with respect to
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a patent applicable to software (including a cross claim or counterclaim in a
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lawsuit), then any patent licenses granted by that Contributor to such Recipient
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under this Agreement shall terminate as of the date such litigation is filed. In
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addition, if Recipient institutes patent litigation against any entity
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(including a cross claim or counterclaim in a lawsuit) alleging that the
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Program itself (excluding combinations of the Program with other software or
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hardware) infringes such Recipient's patent(s), then such Recipient's rights
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granted under Section 2(b) shall terminate as of the date such litigation is
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filed.
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All of a Recipient's rights under this Agreement shall terminate if it fails to
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comply with any of the material terms or conditions of this Agreement and does
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not cure such failure in a reasonable period of time after becoming aware of
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such noncompliance. If all Recipient's rights under this Agreement terminate,
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Recipient agrees to cease use and distribution of the Program as soon as
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reasonably practicable. However, Recipient's obligations under this Agreement
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and any licenses granted by Recipient relating to the Program shall continue and
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survive.
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RED HAT may publish new versions (including revisions) of this Agreement from
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time to time. The Program (including Contributions) may always be distributed
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subject to the version of the Agreement under which it was received. In
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addition, after a new version of the Agreement is published, Contributor may
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elect to distribute the Program (including its Contributions) under the new
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version. No one other than RED HAT has the right to modify this
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Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
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receives no rights or licenses to the intellectual property of any Contributor
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under this Agreement, whether expressly, by implication, estoppel or
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otherwise. All rights in the Program not expressly granted under this Agreement
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are reserved.
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This Agreement is governed by the laws of the State of North Carolina and the
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intellectual property laws of the United States of America. No party to this
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Agreement will bring a legal action under this Agreement more than one year
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after the cause of action arose. Each party waives its rights to a jury trial in
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any resulting litigation.
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