1 Honest Public License (HPL)
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2 Version 1.1, November 2006
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4 This license is a modified version of the GNU General Public License copyright (C) 1989,
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5 1991 Free Software Foundation, Inc. and has been made with their permission, but has not
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6 been endorsed by the Free Software Foundation. Section 2(d) has been added to cover use
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7 of software over a computer network.
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9 Everyone is permitted to copy and distribute verbatim copies of this license
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10 document, but changing it is not allowed.
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12 The precise terms and conditions for copying, distribution and modification follow.
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14 TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
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16 0. This License applies to any program or other work which contains a notice placed
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17 by the copyright holder saying it may be distributed under the terms of this Honest
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18 Public License. The "Program", below, refers to any such program or work, and a
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19 "work based on the Program" means either the Program or any derivative work under
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20 copyright law: that is to say, a work containing the Program or a portion of it, either
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21 verbatim or with modifications and/or translated into another language. (Hereinafter,
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22 translation is included without limitation in the term "modification".) Each licensee is
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24 Activities other than copying, distribution, communication to the public and
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25 modification are not covered by this License; they are outside its scope. The act of
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26 running the Program is not restricted for your use, and the output from the Program is
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27 covered only if its contents constitute a work based on the Program (independent of
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28 having been made by running the Program). Whether that is true depends on what
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31 1. You may copy and distribute verbatim copies of the Program's source code as you
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32 receive it, in any medium, provided that you conspicuously and appropriately publish
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33 on each copy an appropriate copyright notice and disclaimer of warranty; keep intact
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34 all the notices that refer to this License and to the absence of any warranty; and give
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35 any other recipients of the Program a copy of this License along with the Program.
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36 You may charge a fee for the physical act of transferring a copy, and you may at your
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37 option offer warranty protection in exchange for a fee.
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39 2. You may modify your copy or copies of the Program or any portion of it, thus
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40 forming a work based on the Program, and copy and distribute such modifications or
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41 work under the terms of Section 1 above, provided that you also meet all of these
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43 a) You must cause the modified files to carry prominent notices stating that you
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44 changed the files and the date of any change.
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45 b) You must cause any work that you distribute, communicate to the public or
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46 publish, that in whole or in part contains or is derived from the Program or any part
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47 thereof, to be licensed as a whole at no charge to all third parties under the terms of
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49 c) If the modified program normally reads commands interactively when run, you
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50 must cause it, when started running for such interactive use in the most ordinary way,
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51 to print or display an announcement including an appropriate copyright notice and a
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52 notice that there is no warranty (or else, saying that you provide a warranty) and that
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53 users may redistribute the program under these conditions, and telling the user how
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54 to view a copy of this License. (Exception: if the Program itself is interactive but does
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55 not normally print such an announcement, your work based on the Program is not
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56 required to print an announcement.)
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57 These requirements apply to the modified work as a whole. If identifiable sections of
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58 that work are not derived from the Program, and can be reasonably considered
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59 independent and separate works in themselves, then this License, and its terms, do
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60 not apply to those sections when you distribute them as separate works. But when
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61 you distribute the same sections as part of a whole which is a work based on the
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62 Program, the distribution of the whole must be on the terms of this License, whose
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63 permissions for other licensees extend to the entire whole, and thus to each and
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64 every part regardless of who wrote it.
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65 Thus, it is not the intent of this section to claim rights or contest your rights to work
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66 written entirely by you; rather, the intent is to exercise the right to control the
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67 distribution of derivative or collective works based on the Program.
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68 In addition, mere aggregation of another work not based on the Program with the
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69 Program (or with a work based on the Program) on a volume of a storage or
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70 distribution medium does not bring the other work under the scope of this License.
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71 d) For the purposes of determining the right to obtain copies of the source code (as
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72 well as the right to modify and distribute such source code and object code), the
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73 term distribution shall include the communication of the Program or work based on
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74 the Program which is intended to interact with third party users (meaning anyone
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75 other than you or if you are an entity such as a corporation and not an individual, that
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76 corporation), through a computer network and the user shall have the right to obtain
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77 the source code of the Program or work based on the Program. This provision is an
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78 express condition for the grants of license hereunder and any such communication
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79 shall be considered a distribution under Section 1, 2 and 3.
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81 3. You may copy and distribute the Program (or a work based on it, under Section 2)
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82 in object code or executable form under the terms of Sections 1 and 2 above
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83 provided that you also do one of the following:
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84 a) Accompany it with the complete corresponding machine-readable source code,
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85 which must be distributed under the terms of Sections 1 and 2 above on a medium
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86 customarily used for software interchange; or,
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87 b) Accompany it with a written offer, valid for at least three years, to give any third
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88 party, for a charge no more than your cost of physically performing source
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89 distribution, a complete machine-readable copy of the corresponding source code, to
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90 be distributed under the terms of Sections 1 and 2 above on a medium customarily
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91 used for software interchange; or,
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92 c) Accompany it with the information you received as to the offer to distribute
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93 corresponding source code. (This alternative is allowed only for noncommercial
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94 distribution and only if you received the program in object code or executable form
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95 with such an offer, in accord with Subsection b above.)
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96 The source code for a work means the preferred form of the work for making
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97 modifications to it. For an executable work, complete source code means all the
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98 source code for all modules it contains, plus any associated interface definition files,
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99 plus the scripts used to control compilation and installation of the executable.
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100 However, as a special exception, the source code distributed need not include
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101 anything that is normally distributed (in either source or binary form) with the major
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102 components (compiler, kernel, and so on) of the operating system on which the
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103 executable runs, unless that component itself accompanies the executable.
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104 If distribution of executable or object code is made by offering access to copy from a
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105 designated place, then offering equivalent access to copy the source code from the
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106 same place counts as distribution of the source code, even though third parties are
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107 not compelled to copy the source along with the object code.
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109 4. You may not copy, modify, sublicense, make available to the public or distribute
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110 the Program except as expressly provided under this License. Any attempt otherwise
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111 to copy, modify, sublicense, make available to the public or distribute the Program is
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112 void, and will automatically terminate your rights under this License. However, parties
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113 who have received copies, or rights, from you under this License will not have their
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114 licenses terminated so long as such parties remain in full compliance.
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116 5. You are not required to accept this License, since you have not signed it. However,
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117 nothing else grants you permission to modify or distribute the Program or its
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118 derivative works. These actions are prohibited by law if you do not accept this
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119 License. Therefore, by modifying or distributing the Program (or any work based on
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120 the Program), you indicate your acceptance of this License to do so, and all its terms
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121 and conditions for copying, distributing or modifying the Program or works based on
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124 6. Each time you redistribute the Program (or any work based on the Program), the
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125 recipient automatically receives a license from the original licensor to copy, distribute
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126 or modify the Program subject to these terms and conditions. You may not impose
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127 any further restrictions on the recipients' exercise of the rights granted herein. You
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128 are not responsible for enforcing compliance by third parties to this License.
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130 7. If, as a consequence of a court judgment or allegation of patent infringement or for
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131 any other reason (not limited to patent issues), conditions are imposed on you
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132 (whether by court order, agreement or otherwise) that contradict the conditions of this
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133 License, they do not excuse you from the conditions of this License. If you cannot
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134 distribute so as to satisfy simultaneously your obligations under this License and any
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135 other pertinent obligations, then as a consequence you may not distribute the
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136 Program at all. For example, if a patent license would not permit royalty-free
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137 redistribution of the Program by all those who receive copies directly or indirectly
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138 through you, then the only way you could satisfy both it and this License would be to
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139 refrain entirely from distribution of the Program.
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140 If any portion of this section is held invalid or unenforceable under any particular
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141 circumstance, the balance of the section is intended to apply and the section as a
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142 whole is intended to apply in other circumstances.
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143 It is not the purpose of this section to induce you to infringe any patents or other
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144 property right claims or to contest validity of any such claims; this section has the
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145 sole purpose of protecting the integrity of the free software distribution system, which
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146 is implemented by public license practices. Many people have made generous
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147 contributions to the wide range of software distributed through that system in reliance
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148 on consistent application of that system; it is up to the author/donor to decide if he or
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149 she is willing to distribute software through any other system and a licensee cannot
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150 impose that choice.
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151 This section is intended to make thoroughly clear what is believed to be a
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152 consequence of the rest of this License.
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154 8. If the distribution and/or use of the Program is restricted in certain countries either
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155 by patents or by copyrighted interfaces, the original copyright holder who places the
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156 Program under this License may add an explicit geographical distribution limitation
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157 excluding those countries, so that distribution is permitted only in or among countries
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158 not thus excluded. In such case, this License incorporates the limitation as if written
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159 in the body of this License.
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161 9. Funambol may publish revised and/or new versions of the Honest Public License
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162 from time to time. Such new versions will be similar in spirit to the present version,
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163 but may differ in detail to address new problems or concerns.
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164 Each version is given a distinguishing version number. If the Program specifies a
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165 version number of this License which applies to it and "any later version", you have
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166 the option of following the terms and conditions either of that version or of any later
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167 version published by Funambol. If the Program does not specify a version number of
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168 this License, you may choose any version ever published by Funambol.
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170 10. If you wish to incorporate parts of the Program into other free programs whose
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171 distribution conditions are different, write to the author to ask for permission. For
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172 software which is copyrighted by Funambol., write to us; we sometimes make
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173 exceptions for this. Our decision will be guided by the two goals of preserving the free
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174 status of all derivatives of our free software and of promoting the sharing and reuse
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175 of software generally.
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179 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO
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180 WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
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181 APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
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182 COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
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183 "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
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184 IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
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185 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
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186 ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS
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187 WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE
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188 COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
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190 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
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191 WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
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192 MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE
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193 LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
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194 INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
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195 INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF
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196 DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
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197 YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE
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198 WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY
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199 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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201 END OF TERMS AND CONDITIONS
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204 How to Apply These Terms to Your New Programs
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206 If you develop a new program, and you want it to be of the greatest possible use to
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207 the public, the best way to achieve this is to make it free software which everyone
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208 can redistribute and change under these terms.
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209 To do so, attach the following notices to the program. It is safest to attach them to the
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210 start of each source file to most effectively convey the exclusion of warranty; and
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211 each file should have at least the "copyright" line and a pointer to where the full
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213 One line to give the program's name and a brief idea of what it does.
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214 Copyright (C) <year> <name of author>
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215 This program is free software; you can redistribute it and/or modify it under the terms
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216 of the New Public License.
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217 This program is distributed in the hope that it will be useful, but WITHOUT ANY
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218 WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
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219 FOR A PARTICULAR PURPOSE. See the New Public License for more details.
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220 You should have received a copy of the New Public License along with this program;
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221 if not, write to Funambol, 643 Bair Island Road, Suite 305 Redwood City, CA 94063.
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222 Also add information on how to contact you by electronic and paper mail.
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223 If the program is interactive, make it output a short notice like this when it starts in an
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225 Gnomovision version 69, Copyright (C) year name of author Gnomovision comes
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226 with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software,
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227 and you are welcome to redistribute it under certain conditions; type `show c' for
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229 The hypothetical commands `show w' and `show c' should show the appropriate
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230 parts of the New Public License. Of course, the commands you use may be called
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231 something other than `show w' and `show c'; they could even be mouse-clicks or
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232 menu items--whatever suits your program.
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