license.html 27.5 KB
Newer Older
1
<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd">
2
<!-- 
3
Copyright 2004-2007 H2 Group. Licensed under the H2 License, Version 1.0 (http://h2database.com/html/license.html). 
4 5
Initial Developer: H2 Group
-->
6 7
<html xmlns="http://www.w3.org/1999/xhtml" lang="en" xml:lang="en">
<head><meta http-equiv="Content-Type" content="text/html;charset=utf-8" /><title>
8
License
9
</title><link rel="stylesheet" type="text/css" href="stylesheet.css" />
10 11 12 13 14 15 16
<script type="text/javascript" src="navigation.js"></script>
</head><body onload="frameMe();">
<table class="content"><tr class="content"><td class="content"><div class="contentDiv">

<h1>License</h1>

<h2>Summary and License FAQ</h2>
17
<p>
18
This license is a modified version of the MPL 1.1 available at <a href="http://www.mozilla.org/MPL">www.mozilla.org/MPL</a>, 
19
the changes are <em class="u">underlined</em>.
20
There is a License FAQ section at the Mozilla web site, most of that is applicable to the H2 License as well.
21
</p>
22
<ul>
23 24 25 26 27 28
<li>You can use H2 for free. You can integrate it into your application (including commercial applications), 
    and you can distribute it.
</li><li>Files containing only your code are not covered by this license (it is 'commercial friendly').
</li><li>Modifications to the H2 source code must be published.
</li><li>You don't need to provide the source code of H2 if you did not modify anything.
</li></ul>
29 30

<p>
31 32 33 34
However, nobody is allowed to rename H2, modify it a little, and sell it as a database engine without telling the customers it is in fact H2. 
This happened to HSQLDB, when a company called 'bungisoft' copied HSQLDB, renamed it to 'RedBase', and tried to sell it, 
hiding the fact that it was, in fact, just HSQLDB. At this time, it seems 'bungisoft' does not exist any more, but you can use the 
Wayback Machine of http://www.archive.org and look for old web pages of http://www.bungisoft.com.
35
</p><p>
36
About porting the source code to another language (for example C# or C++): Converted source code (even if done manually) stays under the same 
37
copyright and license as the original code. The copyright of the ported source code does not (automatically) go to the person who ported the code.
38
</p>
39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84

<h2>H2 License, Version 1.0</h2>

 <h3 id="section-1">1. Definitions</h3>
  <p id="section-1.0.1"><b>1.0.1. "Commercial Use"</b>
  means distribution or otherwise making the Covered Code available to a third party.
  </p>
  <p id="section-1.1"><b>1.1. "Contributor"</b>
  means each entity that creates or contributes to the creation of Modifications.
  </p>
  <p id="section-1.2"><b>1.2. "Contributor Version"</b>
  means the combination of the Original Code, prior Modifications used by a Contributor,
   and the Modifications made by that particular Contributor.
  </p>
  <p id="section-1.3"><b>1.3. "Covered Code"</b>
  means the Original Code or Modifications or the combination of the Original Code and
   Modifications, in each case including portions thereof.
  </p>
  <p id="section-1.4"><b>1.4. "Electronic Distribution Mechanism"</b>
  means a mechanism generally accepted in the software development community for the
   electronic transfer of data.
  </p>
   <p id="section-1.5"><b>1.5. "Executable"</b>
  means Covered Code in any form other than Source Code.
 </p>
   <p id="section-1.6"><b>1.6. "Initial Developer"</b>
  means the individual or entity identified as the Initial Developer in the Source Code
   notice required by <a href="#exhibit-a">Exhibit A</a>.
    </p>
  <p id="section-1.7"><b>1.7. "Larger Work"</b>
  means a work which combines Covered Code or portions thereof with code not governed
   by the terms of this License.
 </p>   
  <p id="section-1.8"><b>1.8. "License"</b>
  means this document.
 </p>  
  <p id="section-1.8.1"><b>1.8.1. "Licensable"</b>
  means having the right to grant, to the maximum extent possible, whether at the
   time of the initial grant or subsequently acquired, any and all of the rights
   conveyed herein.
 </p>   
  <p id="section-1.9"><b>1.9. "Modifications"</b>
    means any addition to or deletion from the substance or structure of either the
    Original Code or any previous Modifications. When Covered Code is released as a
    series of files, a Modification is:
  </p>
85
  <p id="section-1.9-a">1.9.a. Any addition to or deletion from the contents of a file
86
     containing Original Code or previous Modifications.
87 88
  </p>
  <p id="section-1.9-b">1.9.b. Any new file that contains any part of the Original Code or
89
     previous Modifications.
90
  </p>
91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123
  <p id="section-1.10"><b>1.10. "Original Code"</b>
  means Source Code of computer software code which is described in the Source Code
   notice required by <a href="#exhibit-a">Exhibit A</a> as Original Code, and which,
   at the time of its release under this License is not already Covered Code governed
   by this License.
 </p>
  <p id="section-1.10.1"><b>1.10.1. "Patent Claims"</b>
  means any patent claim(s), now owned or hereafter acquired, including without
   limitation, method, process, and apparatus claims, in any patent Licensable by
   grantor.
 </p>
  <p id="section-1.11"><b>1.11. "Source Code"</b>
  means the preferred form of the Covered Code for making modifications to it,
   including all modules it contains, plus any associated interface definition files,
   scripts used to control compilation and installation of an Executable, or source
   code differential comparisons against either the Original Code or another well known,
   available Covered Code of the Contributor's choice. The Source Code can be in a
   compressed or archival form, provided the appropriate decompression or de-archiving
   software is widely available for no charge.
 </p>
  <p id="section-1.12"><b>1.12. "You" (or "Your")</b>
  means an individual or a legal entity exercising rights under, and complying with
   all of the terms of, this License or a future version of this License issued under
   <a href="#section-6.1">Section 6.1.</a> For legal entities, "You" includes any entity
   which controls, is controlled by, or is under common control with You. For purposes of
   this definition, "control" means (a) the power, direct or indirect, to cause the
   direction or management of such entity, whether by contract or otherwise, or (b)
   ownership of more than fifty percent (50%) of the outstanding shares or beneficial
   ownership of such entity.
 </p>

 <h3 id="section-2">2. Source Code License</h3>
 <h4 id="section-2.1">2.1. The Initial Developer Grant</h4>
124
 <p>
125
 The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive
126
  license, subject to third party intellectual property claims:
127 128
  </p>
  <p id="section-2.1-a">2.1.a. under intellectual property rights (other than patent or
129 130 131
   trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform,
   sublicense and distribute the Original Code (or portions thereof) with or without
   Modifications, and/or as part of a Larger Work; and
132 133
   </p>
  <p id="section-2.1-b">2.1.b. under Patents Claims infringed by the making, using or selling
134 135
   of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or
   otherwise dispose of the Original Code (or portions thereof).
136 137
   </p>
  <p id="section-2.1-c">2.1.c. the licenses granted in this Section 2.1
138 139 140
   (<a href="#section-2.1-a">a</a>) and (<a href="#section-2.1-b">b</a>) are effective on
   the date Initial Developer first distributes Original Code under the terms of this
   License.
141 142
   </p>
  <p id="section-2.1-d">2.1.d. Notwithstanding Section 2.1 (<a href="#section-2.1-b">b</a>)
143 144 145 146
   above, no patent license is granted: 1) for code that You delete from the Original Code;
   2) separate from the Original Code; or 3) for infringements caused by: i) the
   modification of the Original Code or ii) the combination of the Original Code with other
   software or devices.
147
 </p>
148 149

 <h4 id="section-2.2">2.2. Contributor Grant</h4>
150
 <p>
151
 Subject to third party intellectual property claims, each Contributor hereby grants You
152
  a world-wide, royalty-free, non-exclusive license
153 154
  </p>
  <p id="section-2.2-a">2.2.a. under intellectual property rights (other than patent or trademark)
155 156 157 158
   Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and
   distribute the Modifications created by such Contributor (or portions thereof) either on
   an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger
   Work; and
159 160
 </p>
 <p id="section-2.2-b">2.2.b. under Patent Claims infringed by the making, using, or selling of
161 162 163 164 165
   Modifications made by that Contributor either alone and/or in combination with its
   Contributor Version (or portions of such combination), to make, use, sell, offer for
   sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
   (or portions thereof); and 2) the combination of Modifications made by that Contributor
   with its Contributor Version (or portions of such combination).
166 167
  </p>
  <p id="section-2.2-c">2.2.c. the licenses granted in Sections 2.2
168 169
   (<a href="#section-2.2-a">a</a>) and 2.2 (<a href="#section-2.2-b">b</a>) are effective
   on the date Contributor first makes Commercial Use of the Covered Code.
170 171
  </p>
  <p id="section-2.2-d">2.2.c. Notwithstanding Section 2.2 (<a href="#section-2.2-b">b</a>)
172 173 174 175 176 177
   above, no patent license is granted: 1) for any code that Contributor has deleted from
   the Contributor Version; 2) separate from the Contributor Version; 3) for infringements
   caused by: i) third party modifications of Contributor Version or ii) the combination of
   Modifications made by that Contributor with other software (except as part of the
   Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code
   in the absence of Modifications made by that Contributor.
178
 </p>
179 180 181

 <h3 id="section-3">3. Distribution Obligations</h3>
 <h4 id="section-3.1">3.1. Application of License</h4>
182
 <p>
183
 The Modifications which You create or to which You contribute are governed by the terms
184 185 186 187 188 189 190 191
  of this License, including without limitation Section <a href="#section-2.2">2.2</a>. The
  Source Code version of Covered Code may be distributed only under the terms of this License
  or a future version of this License released under Section <a href="#section-6.1">6.1</a>,
  and You must include a copy of this License with every copy of the Source Code You
  distribute. You may not offer or impose any terms on any Source Code version that alters or
  restricts the applicable version of this License or the recipients' rights hereunder.
  However, You may include an additional document offering the additional rights described in
  Section <a href="#section-3.5">3.5</a>.
192 193
</p>
  
194
 <h4 id="section-3.2">3.2. Availability of Source Code</h4>
195
 <p>
196
 Any Modification which You create or to which You contribute must be made available in
197 198 199 200 201 202 203 204
  Source Code form under the terms of this License either on the same media as an Executable
  version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an
  Executable version available; and if made available via Electronic Distribution Mechanism,
  must remain available for at least twelve (12) months after the date it initially became
  available, or at least six (6) months after a subsequent version of that particular
  Modification has been made available to such recipients. You are responsible for ensuring
  that the Source Code version remains available even if the Electronic Distribution
  Mechanism is maintained by a third party.
205 206
  </p>
  
207
 <h4 id="section-3.3">3.3. Description of Modifications</h4>
208
<p>
209
 You must cause all Covered Code to which You contribute to contain a file documenting the
210 211 212 213 214
  changes You made to create that Covered Code and the date of any change. You must include a
  prominent statement that the Modification is derived, directly or indirectly, from Original
  Code provided by the Initial Developer and including the name of the Initial Developer in
  (a) the Source Code, and (b) in any notice in an Executable version or related documentation
  in which You describe the origin or ownership of the Covered Code.
215 216
  </p>
  
217
 <h4 id="section-3.4">3.4. Intellectual Property Matters</h4>
218
 <p id="section-3.4-a"><b>3.4.a. Third Party Claims:</b>
219 220 221 222 223 224 225 226 227 228
     If Contributor has knowledge that a license under a third party's intellectual property
  rights is required to exercise the rights granted by such Contributor under Sections
  <a href="#section-2.1">2.1</a> or <a href="#section-2.2">2.2</a>, Contributor must include a
  text file with the Source Code distribution titled "LEGAL" which describes the claim and the
  party making the claim in sufficient detail that a recipient will know whom to contact. If
  Contributor obtains such knowledge after the Modification is made available as described in
  Section <a href="#section-3.2">3.2</a>, Contributor shall promptly modify the LEGAL file in
  all copies Contributor makes available thereafter and shall take other steps (such as
  notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who
  received the Covered Code that new knowledge has been obtained.
229 230
 </p>
 <p id="section-3.4-b"><b>3.4.b. Contributor APIs:</b> 
231 232 233
 If Contributor's Modifications include an application programming interface and Contributor
  has knowledge of patent licenses which are reasonably necessary to implement that
  API, Contributor must also include this information in the legal file.
234 235
 </p>
 <p id="section-3.4-c"><b>3.4.c. Representations:</b>
236 237 238 239
 Contributor represents that, except as disclosed pursuant to Section 3.4
  (<a href="#section-3.4-a">a</a>) above, Contributor believes that Contributor's Modifications
  are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the
  rights conveyed by this License.
240 241
 </p>
  
242
 <h4 id="section-3.5">3.5. Required Notices</h4>
243
 <p>
244
 You must duplicate the notice in <a href="#exhibit-a">Exhibit A</a> in each file of the
245 246 247 248 249 250 251 252 253 254 255 256 257
  Source Code. If it is not possible to put such notice in a particular Source Code file due to
  its structure, then You must include such notice in a location (such as a relevant directory)
  where a user would be likely to look for such a notice. If You created one or more
  Modification(s) You may add your name as a Contributor to the notice described in
  <a href="#exhibit-a">Exhibit A</a>. You must also duplicate this License in any documentation
  for the Source Code where You describe recipients' rights or ownership rights relating to
  Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity
  or liability obligations to one or more recipients of Covered Code. However, You may do so
  only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You
  must make it absolutely clear than any such warranty, support, indemnity or liability
  obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer
  and every Contributor for any liability incurred by the Initial Developer or such Contributor
  as a result of warranty, support, indemnity or liability terms You offer.
258 259
  </p>
  
260
 <h4 id="section-3.6">3.6. Distribution of Executable Versions</h4>
261
 <p>
262
 You may distribute Covered Code in Executable form only if the requirements of Sections
263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279
  <a href="#section-3.1">3.1</a>, <a href="#section-3.2">3.2</a>,
  <a href="#section-3.3">3.3</a>, <a href="#section-3.4">3.4</a> and
  <a href="#section-3.5">3.5</a> have been met for that Covered Code, and if You include a
  notice stating that the Source Code version of the Covered Code is available under the terms
  of this License, including a description of how and where You have fulfilled the obligations
  of Section <a href="#section-3.2">3.2</a>. The notice must be conspicuously included in any
  notice in an Executable version, related documentation or collateral in which You describe
  recipients' rights relating to the Covered Code. You may distribute the Executable version of
  Covered Code or ownership rights under a license of Your choice, which may contain terms
  different from this License, provided that You are in compliance with the terms of this
  License and that the license for the Executable version does not attempt to limit or alter the
  recipient's rights in the Source Code version from the rights set forth in this License. If
  You distribute the Executable version under a different license You must make it absolutely
  clear that any terms which differ from this License are offered by You alone, not by the
  Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and
  every Contributor for any liability incurred by the Initial Developer or such Contributor as
  a result of any such terms You offer.
280 281
</p>  
  
282
 <h4 id="section-3.7">3.7. Larger Works</h4>
283
 <p>
284
 You may create a Larger Work by combining Covered Code with other code not governed by the
285 286
  terms of this License and distribute the Larger Work as a single product. In such a case,
  You must make sure the requirements of this License are fulfilled for the Covered Code.
287 288
  </p>
  
289
 <h3 id="section-4">4. Inability to Comply Due to Statute or Regulation.</h3>
290
 <p>
291
 If it is impossible for You to comply with any of the terms of this License with respect to
292 293 294
  some or all of the Covered Code due to statute, judicial order, or regulation then You must:
  (a) comply with the terms of this License to the maximum extent possible; and (b) describe
  the limitations and the code they affect. Such description must be included in the
295
  <b>legal</b> file described in Section
296 297 298
  <a href="#section-3.4">3.4</a> and must be included with all distributions of the Source Code.
  Except to the extent prohibited by statute or regulation, such description must be
  sufficiently detailed for a recipient of ordinary skill to be able to understand it.
299 300
  </p>
  
301
 <h3 id="section-5">5. Application of this License.</h3>
302
 <p>
303
 This License applies to code to which the Initial Developer has attached the notice in
304
  <a href="#exhibit-a">Exhibit A</a> and to related Covered Code.
305 306
  </p>
  
307 308 309
 <h3 id="section-6">6. Versions of the License.</h3>

 <h4 id="section-6.1">6.1. New Versions</h4>
310 311
<p>
 The <em class="u">H2 Group</em> may publish revised and/or new versions
312
  of the License from time to time. Each version will be given a distinguishing version number.
313 314
</p>
  
315
 <h4 id="section-6.2">6.2. Effect of New Versions</h4>
316
 <p>
317
 Once Covered Code has been published under a particular version of the License, You may
318
  always continue to use it under the terms of that version. You may also choose to use such
319 320
  Covered Code under the terms of any subsequent version of the License published by the <em class="u">H2 Group</em>.
  No one other than the <em class="u">H2 Group</em> has the right to modify the terms applicable to Covered Code
321
  created under this License.
322 323
</p>
  
324
 <h4 id="section-6.3">6.3. Derivative Works</h4>
325
 <p>
326
 If You create or use a modified version of this License (which you may only do in order to
327
 apply it to code which is not already Covered Code governed by this License), You must (a)
328
 rename Your license so that the phrases <em class="u">"H2 Group", "H2"</em> 
329 330
 or any confusingly similar phrase do not appear in your license (except to note that
 your license differs from this License) and (b) otherwise make it clear that Your version of
331
 the license contains terms which differ from the <em class="u">H2 License</em>. 
332 333 334
 (Filling in the name of the Initial Developer, Original Code or Contributor in the
 notice described in <a href="#exhibit-a">Exhibit A</a> shall not of themselves be deemed to
 be modifications of this License.)
335 336
</p>
 
337
 <h3 id="section-7">7. Disclaimer of Warranty</h3>
338 339
<p>
Covered code is provided under this license on an "as is"
340 341 342 343 344 345 346 347
  basis, without warranty of any kind, either expressed or implied, including, without
  limitation, warranties that the covered code is free of defects, merchantable, fit for a
  particular purpose or non-infringing. The entire risk as to the quality and performance of
  the covered code is with you. Should any covered code prove defective in any respect, you
  (not the initial developer or any other contributor) assume the cost of any necessary
  servicing, repair or correction. This disclaimer of warranty constitutes an essential part
  of this license. No use of any covered code is authorized hereunder except under this
  disclaimer.
348 349
  </p>
  
350 351 352 353 354 355
 <h3 id="section-8">8. Termination</h3>
 <p id="section-8.1">8.1. This License and the rights granted hereunder will terminate
  automatically if You fail to comply with terms herein and fail to cure such breach
  within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which
  are properly granted shall survive any termination of this License. Provisions which, by
  their nature, must remain in effect beyond the termination of this License shall survive.
356 357
 </p>
 
358 359 360 361
 <p id="section-8.2">8.2. If You initiate litigation by asserting a patent infringement
  claim (excluding declaratory judgment actions) against Initial Developer or a Contributor
  (the Initial Developer or Contributor against whom You file such action is referred to
  as "Participant") alleging that:
362
</p>
363
  <p id="section-8.2-a">8.2.a. such Participant's Contributor Version directly or indirectly
364 365 366 367 368 369 370 371 372 373 374 375
   infringes any patent, then any and all rights granted by such Participant to You under
   Sections <a href="#section-2.1">2.1</a> and/or <a href="#section-2.2">2.2</a> of this
   License shall, upon 60 days notice from Participant terminate prospectively, unless if
   within 60 days after receipt of notice You either: (i) agree in writing to pay
   Participant a mutually agreeable reasonable royalty for Your past and future use of
   Modifications made by such Participant, or (ii) withdraw Your litigation claim with
   respect to the Contributor Version against such Participant. If within 60 days of
   notice, a reasonable royalty and payment arrangement are not mutually agreed upon in
   writing by the parties or the litigation claim is not withdrawn, the rights granted by
   Participant to You under Sections <a href="#section-2.1">2.1</a> and/or
   <a href="#section-2.2">2.2</a> automatically terminate at the expiration of the 60 day
   notice period specified above.
376 377
  </p>
  <p id="section-8.2-b">8.2.b. any software, hardware, or device, other than such Participant's
378 379 380 381
   Contributor Version, directly or indirectly infringes any patent, then any rights
   granted to You by such Participant under Sections 2.1(<a href="#section-2.1-b">b</a>)
   and 2.2(<a href="#section-2.2-b">b</a>) are revoked effective as of the date You first
   made, used, sold, distributed, or had made, Modifications made by that Participant.
382
 </p>
383
 
384 385 386 387 388 389 390
 <p id="section-8.3">8.3. If You assert a patent infringement claim against Participant
  alleging that such Participant's Contributor Version directly or indirectly infringes
  any patent where such claim is resolved (such as by license or settlement) prior to the
  initiation of patent infringement litigation, then the reasonable value of the licenses
  granted by such Participant under Sections <a href="#section-2.1">2.1</a> or
  <a href="#section-2.2">2.2</a> shall be taken into account in determining the amount or
  value of any payment or license.
391 392
</p>

393 394 395 396 397
 <p id="section-8.4">8.4. In the event of termination under Sections
  <a href="#section-8.1">8.1</a> or <a href="#section-8.2">8.2</a> above, all end user
  license agreements (excluding distributors and resellers) which have been validly
  granted by You or any distributor hereunder prior to termination shall survive
  termination.
398 399
 </p>
  
400 401 402
<h3 id="section-9">9. Limitation of Liability</h3>
<p>
Under no circumstances and under no legal theory, whether
403 404 405 406 407 408 409 410 411 412 413
  tort (including negligence), contract, or otherwise, shall you, the initial developer,
  any other contributor, or any distributor of covered code, or any supplier of any of
  such parties, be liable to any person for any indirect, special, incidental, or
  consequential damages of any character including, without limitation, damages for loss
  of goodwill, work stoppage, computer failure or malfunction, or any and all other
  commercial damages or losses, even if such party shall have been informed of the
  possibility of such damages. This limitation of liability shall not apply to liability
  for death or personal injury resulting from such party's negligence to the extent
  applicable law prohibits such limitation. Some jurisdictions do not allow the exclusion
  or limitation of incidental or consequential damages, so this exclusion and limitation
  may not apply to you.
414 415 416 417
</p>
  
<h3 id="section-10">10. United States Government End Users</h3>
<p>
418
 The Covered Code is a "commercial item", as that term is defined in 48
419 420 421 422 423
  C.F.R. 2.101 (October 1995), consisting of
  "commercial computer software" and "commercial computer software documentation", as such
  terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
  227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
  acquire Covered Code with only those rights set forth herein.
424 425 426 427 428
</p>
  
<h3 id="section-11">11. Miscellaneous</h3>
<p>
This License represents the complete agreement concerning subject matter hereof. If
429 430
  any provision of this License is held to be unenforceable, such provision shall be
  reformed only to the extent necessary to make it enforceable. This License shall be
431
  governed by <em class="u">Swiss</em> law provisions (except to the extent applicable law, if any,
432 433
  provides otherwise), excluding its conflict-of-law provisions. With respect to
  disputes in which at least one party is a citizen of, or an entity chartered or
434 435
  registered to do business in <em class="u">Switzerland</em>, any litigation relating to
  this License shall be subject to the jurisdiction of <em class="u">Switzerland</em>,  
436 437 438 439 440
  with the losing party responsible for costs, including without limitation, court
  costs and reasonable attorneys' fees and expenses. The application of the United
  Nations Convention on Contracts for the International Sale of Goods is expressly
  excluded. Any law or regulation which provides that the language of a contract
  shall be construed against the drafter shall not apply to this License.
441 442 443 444 445 446 447 448 449 450
</p>
  
<h3 id="section-12">12. Responsibility for Claims</h3>
<p>
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
</p>
451

452 453 454 455 456 457 458 459 460 461
<h3 id="section-13">13. Multiple-Licensed Code</h3>
<p>
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits
you to utilize portions of the Covered Code under Your choice of this 
or the alternative licenses, if any, specified by the Initial Developer in the file
described in <a href="#exhibit-a">Exhibit A</a>.
</p>
  
<h3 id="exhibit-a">Exhibit A</h3>
462 463 464 465 466 467
<pre>
Licensed under the H2 License, Version 1.0 (http://h2database.com/html/license.html).
Initial Developer: H2 Group
</pre>

</div></td></tr></table></body></html>