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203 lines
11 KiB
Plaintext
OCLC Research Public License 2.0
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Terms & Conditions Of Use
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May, 2002 Copyright © 2002. OCLC Online Computer Library Center, Inc. All
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Rights Reserved
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PLEASE READ THIS DOCUMENT CAREFULLY. BY DOWNLOADING OR USING THE CODE BASE
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AND/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 (collectively
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with the Original Contributor, the "Contributors") hereby grant you a non-exclusive,
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worldwide, no-charge, transferable license to execute, prepare derivative
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works of, and distribute (internally and externally), for commercial and noncommercial
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purposes, the original code contributed by Original Contributor and all Modifications
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(collectively called 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 the contents
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of any file of the Program and any new file that contains any part of the
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Program. If you make a Modification and distribute the Program externally
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you are a "Contributor." The distribution of the Program must be under the
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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 of the
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Program with other code. A Combined Work may be thought of as having multiple
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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 rights
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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 complete
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details of any third-party right or other third-party restriction associated
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with any part of your Modification (including a copy of any applicable license
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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, REPRESENTATIONS
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OR GUARANTEES, EITHER EXPRESS OR IMPLIED, AND DISCLAIMS ALL SUCH WARRANTIES,
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REPRESENTATIONS OR GUARANTEES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AS TO:
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(A) THE FUNCTIONALITY OR NONINFRINGEMENT OF PROGRAM, ANY MODIFICATION, A COMBINED
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WORK OR AN AGGREGATE WORK; OR (B) THE RESULTS OF ANY PROJECT UNDERTAKEN USING
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THE PROGRAM, ANY MODIFICATION, A COMBINED WORK OR AN AGGREGATE WORK. IN NO
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EVENT SHALL THE CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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SPECIAL, EXEMPLARY, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING, BUT NOT
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LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA,
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OR PROFITS; OR BUSINESS INTERRUPTION) 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 OF THE PROGRAM, EVEN IF ADVISED
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OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY CLAIMS FOR DAMAGES
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OF ANY KIND AGAINST CONTRIBUTORS WHICH MAY RESULT FROM 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 Modifications
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(e.g. source code), the terms of this license apply to use by recipient. In
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addition, each source and data file of the Program and any Modification you
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distribute must contain the following notice:
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"Copyright (c) 2000- (insert then current year) OCLC Online Computer Library
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Center, Inc. and other contributors . All rights reserved. The contents of
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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"); you may
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not use this file except in compliance with the License. You may obtain a
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current copy of the License at http://purl.oclc.org/oclc/research/ORPL/. Software
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distributed under the License is distributed on an "AS IS" basis, WITHOUT
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WARRANTY OF ANY KIND, either express or implied. See the License for the specific
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language governing rights and limitations under the License. This software
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consists of voluntary contributions made by many individuals on behalf of
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OCLC Research. For more information on OCLC Research, please see http://www.oclc.org/research/.
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The Original Code is ______________________________ . The Initial Developer
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of the Original Code is ________________________ . Portions created by ______________________
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are Copyright (C) ____________________________ . All Rights Reserved. Contributor(s):
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______________________________________ ."
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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 Library
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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
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code. The requirements of Section 3.B or 3.C above (as appropriate) apply
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to such distributions.
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An "Aggregate Work" is when the Program exists, without integration, with
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other programs on a storage medium. This License does not apply to portions
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of an Aggregate Work which are not covered by the definition of "Program"
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provided in this License. You are not forbidden from selling an Aggregate
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Work. However, the Program contained in an Aggregate Work is subject to this
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License. Also, should the Program be extracted from an Aggregate Work, this
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License applies to any use of the Program apart from the 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 licensees
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hereunder, you hereby grant to OCLC and such other licensees the non-exclusive,
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worldwide, royalty-free, transferable, sublicenseable license to execute,
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copy, alter, delete, modify, adapt, change, revise, enhance, develop, publicly
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display, distribute (internally and externally) and/or create derivative works
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based on your Modifications (and derivative works thereof) in accordance with
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these Terms. This Section 4 shall survive termination of this License for
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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 Contributor)
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automatically terminates for any entity that initiates legal action for intellectual
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property infringement (with respect to the Program) against such Contributor
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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. Department
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of Commerce, as well as other similar trade or commerce restrictions which
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might apply.
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Any patent obtained by any party covering the Program or any part thereof
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must 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
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on you that contradict the conditions of this License, such conditions do
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not excuse you from compliance with this License. If you cannot distribute
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the Program so as to simultaneously satisfy your obligations under this License
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and such other conditions, you may not distribute the Program at all. For
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example, if a patent license would not permit royalty-free redistribution
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of the Program by all those who receive copies directly or indirectly through
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you, you could not satisfy both the patent license and this License, and you
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would be required 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
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for any provision held unlawful, there shall be substituted a provision of
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similar import reflecting the original intent of the parties hereto to the
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extent 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
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and 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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