208 lines
11 KiB
Plaintext
208 lines
11 KiB
Plaintext
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OCLC Research Public License 2.0
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Terms & Conditions Of Use
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May, 2002
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Copyright © 2002. OCLC Online Computer Library Center, Inc. All Rights Reserved
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PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE AND/
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OR DOCUMENTATION ACCOMPANYING THIS LICENSE (THE "License"), YOU AGREE
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TO THE FOLLOWING TERMS AND CONDITIONS OF THIS LICENSE.
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Section 1. Your Rights
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Subject to these terms and conditions of this License, the OCLC Office of
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Research (the "Original Contributor") and each subsequent contributor
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(collectively with the Original Contributor, the "Contributors")
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hereby grant you a non-exclusive, worldwide, no-charge, transferable license to
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execute, prepare derivative works of, and distribute (internally and
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externally), for commercial and noncommercial purposes, the original code
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contributed by Original Contributor and all Modifications (collectively called
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the "Program").
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Section 2. Definitions
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A "Modification" to the Program is any addition to or deletion from
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the contents of any file of the Program and any new file that contains any part
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of the Program. If you make a Modification and distribute the Program
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externally you are a "Contributor." The distribution of the Program
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must be under the terms of this license including those in Section 3 below.
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A "Combined Work" results from combining and integrating all or parts
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of the Program with other code. A Combined Work may be thought of as having
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multiple parents or being result of multiple lines of code development.
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Section 3. Distribution Licensing Terms
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A. General Requirements
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Except as necessary to recognize third-party rights or third-party restriction
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(see below), a distribution of the Program in any of the forms listed below
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must not put any further restrictions on the recipient’s exercise of the
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rights granted herein.
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As a Contributor, you represent that your Modification(s) are your original
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creation(s) and, to the best of your knowledge, no third party has any claim
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(including but not limited to intellectual property claims) relating to your
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Modification(s). You represent that each of your Modifications includes
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complete details of any third-party right or other third-party restriction
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associated with any part of your Modification (including a copy of any
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applicable license agreement).
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The Program must be distributed without charge beyond the costs of physically
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transferring the files to the recipient.
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This Warranty Disclaimer/Limitation of Liability must be prominently displayed
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with every distribution of the Program in any form:
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YOU AGREE THAT THE PROGRAM IS PROVIDED AS-IS, WITHOUT WARRANTY OF ANY KIND
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(EITHER EXPRESS OR IMPLIED). ACCORDINGLY, OCLC MAKES NO WARRANTIES,
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REPRESENTATIONS OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL
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SUCH WARRANTIES, REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION,
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THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR
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PURPOSE, AS TO: (A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY
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MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY
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PROJECT UNDERTAKEN USING THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN
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AGGREGATE WORK. IN NO EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
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INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES
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(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
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LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
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ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE
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PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE
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ANY CLAIMS FOR DAMAGES OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM
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YOUR USE OF THE PROGRAM.
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B. Requirements for a Distribution of Modifiable Code
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If you distribute the Program in a form to which the recipient can make
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Modifications (e.g. source code), the terms of this license apply to use by
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recipient. In addition, each source and data file of the Program and any
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Modification you distribute must contain the following notice:
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"Copyright (c) 2000- (insert then current year) OCLC Online Computer
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Library Center, Inc. and other contributors. All rights reserved. The contents
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of this file, as updated from time to time by the OCLC Office of Research, are
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subject to OCLC Research Public License Version 2.0 (the "License");
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you may not use this file except in compliance with the License. You may obtain
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a current copy of the License at http://purl.oclc.org/oclc/research/ORPL/.
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Software distributed under the License is distributed on an "AS IS"
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basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
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for the specific language governing rights and limitations under the License.
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This software consists of voluntary contributions made by many individuals on
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behalf of OCLC Research. For more information on OCLC Research, please see
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http://www.oclc.org/research/. The Original Code is
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______________________________. The Initial Developer of the Original Code is
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________________________. Portions created by ______________________ are
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Copyright (C) _____ _______________________. All Rights Reserved. Contributor
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(s): ______________________________________."
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C. Requirements for a Distribution of Non-modifiable Code
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If you distribute the Program in a form to which the recipient cannot make
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Modifications (e.g. object code), the terms of this license apply to use by
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recipient and you must include the following statement in appropriate and
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conspicuous locations:
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"Copyright (c) 2000- (insert then current year) OCLC Online Computer
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Library Center, Inc. and other contributors. All rights reserved."
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In addition, the source code must be included with the object code distribution
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or the distributor must provide the source code to the recipient upon request.
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D. Requirements for a Combined Work Distribution
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Distributions of Combined Works are subject to the terms of this license and
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must be made at no charge to the recipient beyond the costs of physically
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transferring the files to recipient.
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A Combined Work may be distributed as either modifiable or non-modifiable code.
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The requirements of Section 3.B or 3.C above (as appropriate) apply to such
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distributions.
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An "Aggregate Work" is when the Program exists, without integration,
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with other programs on a storage medium. This License does not apply to
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portions of an Aggregate Work which are not covered by the definition of
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"Program" provided in this License. You are not forbidden from
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selling an Aggregate Work. However, the Program contained in an Aggregate Work
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is subject to this License. Also, should the Program be extracted from an
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Aggregate Work, this License applies to any use of the Program apart from the
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Aggregate Work.
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Section 4. License Grant
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For purposes of permitting use of your Modifications by OCLC and other
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licensees hereunder, you hereby grant to OCLC and such other licensees the non-
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exclusive, worldwide, royalty-free, transferable, sublicenseable license to
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execute, copy, alter, delete, modify, adapt, change, revise, enhance, develop,
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publicly display, distribute (internally and externally) and/or create
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derivative works based on your Modifications (and derivative works thereof) in
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accordance with these Terms. This Section 4 shall survive termination of this
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License for any reason.
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Section 5. Termination of Rights
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This non-exclusive license (with respect to the grant from a particular
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Contributor) automatically terminates for any entity that initiates legal
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action for intellectual property infringement (with respect to the Program)
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against such Contributor as of the initiation of such action.
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If you fail to comply with this License, your rights (but not your obligations)
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under this License shall terminate automatically unless you cure such breach
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within thirty (30) days of becoming aware of the noncompliance. All sublicenses
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granted by you which preexist such termination and are properly granted shall
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survive such termination.
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Section 6. Other Terms
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Except for the copyright notices required above, you may not use any trademark
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of any of the Contributors without the prior written consent of the relevant
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Contributor. You agree not to remove, alter or obscure any copyright or other
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proprietary rights notice contained in the Program.
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All transfers of the Program or any part thereof shall be made in compliance
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with U.S. import/export regulations or other restrictions of the U.S.
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Department of Commerce, as well as other similar trade or commerce restrictions
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which might apply.
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Any patent obtained by any party covering the Program or any part thereof must
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include a provision providing for the free, perpetual and unrestricted
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commercial and noncommercial use by any third party.
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If, as a consequence of a court judgment or settlement relating to intellectual
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property infringement or any other cause of action, conditions are imposed on
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you that contradict the conditions of this License, such conditions do not
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excuse you from compliance with this License. If you cannot distribute the
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Program so as to simultaneously satisfy your obligations under this License and
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such other conditions, you may not distribute the Program at all. For example,
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if a patent license would not permit royalty-free redistribution of the Program
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by all those who receive copies directly or indirectly through you, you could
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not satisfy both the patent license and this License, and you would be required
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to refrain entirely from distribution of the Program.
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If you learn of a third party claim or other restriction relating to a Program
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you have already distributed you shall promptly redo your Program to address
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the issue and take all reasonable steps to inform those who may have received
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the Program at issue. An example of an appropriate reasonable step to inform
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would be posting an announcement on an appropriate web bulletin board.
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The provisions of this License are deemed to be severable, and the invalidity
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or unenforceability of any provision shall not affect or impair the remaining
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provisions which shall continue in full force and effect. In substitution for
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any provision held unlawful, there shall be substituted a provision of similar
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import reflecting the original intent of the parties hereto to the extent
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permissible under law.
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The Original Contributor from time to time may change this License, and the
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amended license will apply to all copies of the Program downloaded after the
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new license is posted. This License grants only the rights expressly stated
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herein and provides you with no implied rights or licenses to the intellectual
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property of any Contributor.
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This License is the complete and exclusive statement of the agreement between
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the parties concerning the subject matter hereof and may not be amended except
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by the written agreement of the parties. This License shall be governed by and
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construed in accordance with the laws of the State of Ohio and the United
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States of America, without regard to principles of conflicts of law.
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