315 lines
15 KiB
Plaintext
315 lines
15 KiB
Plaintext
OPEN AGILEBILL LICENSE V1.4
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1.0 DEFINITIONS
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1.1 "Commercial Use" means distribution or otherwise making the
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Original Code available to a third party.
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1.2 "Contributor Version" means the combination of the Original
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Code, and the Modifications made by that particular Contributor.
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1.3 "Electronic Distribution Mechanism" means a mechanism generally
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accepted in the software development community for the electronic transfer
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of data.
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1.4 "Executable" means Original Code in any form other than Source
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Code.
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1.5 "Initial Developer" means the individual or entity identified
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as the Initial Developer in the Source Code notice required by Exhibit
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A.
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1.6 "Larger Work" means a work which combines Original Code or
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portions thereof with code not governed by the terms of this License.
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1.7 "License" means this document.
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1.8 "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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1.9 "Modifications" means any addition to or deletion from the
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substance or structure of either the Original Code or any previous
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Modifications.
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A Modification is:
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A. Any addition to or deletion from the contents of a file containing
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Original Code or previous Modifications.
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B. Any new file that contains any part of the Original
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Code or previous Modifications.
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1.10 "Original Code" means Source Code of computer software code
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which is described in the Source Code notice required by Exhibit A as Original
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Code.
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1.11 "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process, and
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apparatus claims, in any patent Licensable by grantor.
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1.12 "Source Code" means the preferred form of the Original Code
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for making modifications to it, including all modules it contains, plus
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any associated interface definition files, or scripts used to control
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compilation and installation of an Executable.
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1.13 "Standards" means the standards identified in Exhibit B.
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1.14 "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of, this License
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or a future version of this License issued under Section 6.1. For legal
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entities, "You" includes any entity which controls, is controlled by,
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or is under common control with You. For purposes of this definition, "control"
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means (a) the power, direct or indirect, to cause the direction or management
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of such entity, whether by contract or otherwise, or (b) ownership of more
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than fifty percent (50%) of the outstanding shares or beneficial ownership
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of such entity.
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2.0 SOURCE CODE LICENSE
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2.1 The Initial Developer Grant
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The Initial Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license, subject to third party intellectual property
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claims:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Code (or portions thereof)
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with or without Modifications, and/or as part of a Larger Work; and
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(b) under Patents Claims infringed by the making, using or selling
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of Original Code, to make, have made, use, practice, sell, and offer for
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sale, and/or otherwise dispose of the Original Code (or portions thereof).
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(c) the licenses granted in this Section 2.1(a) and (b) are effective
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on the date Initial Developer first distributes Original Code under the
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terms of this License.
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(d) Notwithstanding Section
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2.1(b) above, no patent license is granted: 1) for code that You delete from
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the Original Code; 2) separate from the Original Code; or 3) for infringements
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caused by: i) the modification of the Original Code or ii) the combination of
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the Original Code with other software or devices, including but not limited to
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Modifications.
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3.0 DISTRIBUTION OBLIGATIONS
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3.1 Application of License.
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The Source Code version of Original Code may be distributed only under
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the terms of this License or a future version of this License released
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under Section 6.1, and You must include a copy of this License with every
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copy of the Source Code You distribute. You may not offer or impose any
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terms on any Source Code version that alters or restricts the applicable
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version of this License or the recipients' rights hereunder. Your license
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for shipment of the Contributor Version is conditioned upon Your full compliance
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with this Section. The Modifications which You create must comply with
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all requirements set out by the Standards body in effect one hundred twenty
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(120) days before You ship the Contributor Version. In the event that the
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Modifications do not meet such requirements, You agree to publish either
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(i) any deviation from the Standards protocol resulting from implementation
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of Your Modifications and a reference implementation of Your Modifications
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or (ii) Your Modifications in Source Code form, and to make any such deviation
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and reference implementation or Modifications available to all third parties
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under the same terms as this license on a royalty free basis within thirty
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(30) days of Your first customer shipment of Your Modifications.
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3.2 Required Notices.
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You must duplicate the notice in Exhibit A in each file of the
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Source Code. If it is not possible to put such notice in a particular Source
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Code file due to its structure, then You must include such notice in a
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location (such as a relevant directory) where a user would be likely to
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look for such a notice. If You created one or more Modification(s) You
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may add Your name as a Contributor to the notice described in Exhibit
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A. You must also duplicate this License in any documentation for the
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Source Code where You describe recipients' rights or ownership rights relating
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to Initial Code. You may choose to offer, and to charge a fee for, warranty,
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support, indemnity or liability obligations to one or more recipients of
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Your version of the Code. However, You may do so only on Your own behalf,
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and not on behalf of the Initial Developer. You must make it absolutely
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clear than any such warranty, support, indemnity or liability obligation
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is offered by You alone, and You hereby agree to indemnify the Initial
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Developer for any liability incurred by the Initial Developer as a result
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of warranty, support, indemnity or liability terms You offer.
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The copyright notices and links must remain visible and functional in each
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HTML of every installed copy of the Code, in this format:
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<a href="http://www.agileco.com">Billing Software</a> Powered by AgileBill.
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Copyright 2004-2008 <a href="http://www.agileco.com/">Agileco, LLC</a>
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These notices and links cannot be removed, disabled, or caused to be hidden or obscured
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from view from by modifying any part of the Source Code. The font size for the
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notices may not be modified to a font size smaller than 10pt. The font color,
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background colors, or any other attributes of the font text, background, or links may not be
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modified in any way that renders them illegible, invisble, or unreadable to the
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human eye, or causes the links to point to any URL other than shown in the format
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above. No attributes may be added to the A HREF tags.
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3.3 Distribution of Original Code.
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You may distribute Original Code only in Source form (not Executable),
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and You must include a notice stating that the Source Code version of the
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Original Code is available under the terms of this License. The notice
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must be conspicuously included in any notice in an distributed versions,
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related documentation or collateral in which You describe
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recipients' rights relating to the Original Code. You may distribute the
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Source versions of Your version of the Code or ownership
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rights under a license of Your choice, which may contain terms different
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from this License, provided that You are in compliance with the terms of
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this License. If You distribute the Source versions under
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a different license You must make it absolutely clear that any terms which
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differ from this License are offered by You alone, not by the Initial Developer.
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You hereby agree to indemnify the Initial Developer for any liability incurred
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by the Initial Developer as a result of any such terms You offer.
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3.4 Larger Works.
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You may create a Larger Work by combining Original Code with other
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code not governed by the terms of this License and distribute the Larger
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Work as a single product. In such a case, You must make sure the requirements
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of this License are fulfilled for the Original Code.
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4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
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If it is impossible for You to comply with any of the terms of this
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License with respect to some or all of the Original Code due to statute,
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judicial order, or regulation then You must: (a) comply with the terms
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of this License to the maximum extent possible; and (b) describe the limitations
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and the code they affect. Such description must be included in the LEGAL
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file described in Section 3.2 and must be included with all distributions
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of the Source Code. Except to the extent prohibited by statute or regulation,
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such description must be sufficiently detailed for a recipient of ordinary
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skill to be able to understand it.
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5.0 APPLICATION OF THIS LICENSE
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This License applies to code to which the Initial Developer has attached
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the notice in Exhibit A and to related Modifications as set out in Section
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3.1.
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6.0 VERSIONS OF THE LICENSE
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6.1 New Versions.
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Agileco may publish revised and/or new versions of the License from time
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to time. Each version will be given a distinguishing version number.
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6.2 Effect of New Versions.
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Once Original Code has been published under a particular version of
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the License, You may always continue to use it under the terms of that
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version. You may also choose to use such Original Code under the terms
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of any subsequent version of the License published by Agile. No one other
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than Agileco has the right to modify the terms applicable to Original Code.
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7.0 DISCLAIMER OF WARRANTY
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ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION,
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WARRANTIES THAT THE ORIGINAL CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT
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FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
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AND PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE
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PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) ASSUME
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THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
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OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
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ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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8.0 TERMINATION
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8.1 This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. All sublicenses
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to the Original Code which are properly granted shall survive any termination
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of this License. Provisions which, by their nature, must remain in effect
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beyond the termination of this License shall survive.
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8.2 In the event of termination under Section 8.1 above, all
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end user license agreements (excluding distributors and resellers) which
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have been validly granted by You or any distributor hereunder prior to
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termination shall survive termination.
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9.0 LIMIT OF LIABILITY
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER,
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ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, OR ANY SUPPLIER
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OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
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INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
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OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
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IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
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PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
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LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
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AND LIMITATION MAY NOT APPLY TO YOU.
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10.0 U.S. GOVERNMENT END USERS
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U.S. Government: If this Software is being acquired by or on behalf
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of the U.S. Government or by a U.S. Government prime contractor or subcontractor
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(at any tier), then the Government's rights in the Software and accompanying
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documentation shall be only as set forth in this license; this is in accordance
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with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
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acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
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11.0 MISCELLANEOUS
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This License represents the complete agreement concerning subject matter
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hereof. If any provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to make it enforceable.
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This License shall be governed by South Carolina law provisions (except to
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the extent applicable law, if any, provides otherwise), excluding its
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conflict-of-law
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provisions. With respect to disputes in which at least one party is a citizen
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of, or an entity chartered or registered to do business in the United States
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of America, any litigation relating to this License shall be subject to
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the jurisdiction of the Federal Courts of South Carolina,
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with venue lying in Greenville, South Carolina, with the losing party
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responsible for costs, including without limitation, court costs and reasonable
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attorneys' fees and expenses. The application of the United Nations Convention
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on Contracts for the International Sale of Goods is expressly excluded.
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Any law or regulation which provides that the language of a contract shall
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be construed against the drafter shall not apply to this License.
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EXHIBIT A - Open AgileBill License
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"The contents of this file are subject to the Open AgileBill License v1.4 (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 copy of the License at http://www.agileco.com/agilebill/license1-4.txt
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Software distributed under the License is distributed on
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an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
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express or implied. See the License for the specific
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language governing rights and limitations under the License.
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The Original Code is ______________________________________.
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The Initial Developer of the Original Code is:
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Agileco, LLC
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Portions created by: _______________________________________
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are Copyright (C): _______________________________________
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All Rights Reserved.
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Contributor(s): _______________________________________
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EXHIBIT B - Standards
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The Standard is defined as the following:
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OpenOffice.org XML File Format Specification, located at http://xml.openoffice.org
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OpenOffice.org Application Programming Interface Specification, located
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at http://api.openoffice.org |