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MIXMASTER LICENSE AGREEMENT
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1. Grant of License.
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Anonymizer Inc. grants you the following non-exclusive license for
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the Mixmaster program and its associated documentation (the "Program"),
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subject to all of the following terms and conditions:
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a) You may use the Program, and copy and distribute verbatim copies
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of the Program as you receive it, in any medium.
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Local regulations may exist which limit your rights to distribute or
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use cryptographic software. In certain jurisdictions, parts of this
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software are protected by patents. It is your responsibility to
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obtain the appropriate licenses.
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b) You may modify the Program or incorporate the Program or any
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portion of it into other computer programs. You may copy and
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distribute such modifications or work, provided that you:
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(i) cause the modified Program to carry a prominent notice
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stating that it has been modified, and cause the modified files
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to carry notices stating that you changed the files and the
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date of any change;
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(ii) reproduce and include this Agreement, the copyright
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notices and disclaimer of warranty on any copy; and
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(iii) provide Anonymizer Inc. with a copy of the Source Code of
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such modifications or work by electronic mail, and grant
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Anonymizer Inc. a perpetual, royalty-free license to use and
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distribute the modifications or work in its products.
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"Source Code" means the preferred form of a work for making
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modifications to it, including all modules it contains, plus
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any associated interface definition files, scripts used to
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control compilation and installation of an executable.
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2. Reservation of Rights.
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No rights are granted to the Program except as expressly set forth
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herein. You may not copy, modify, sublicense, or distribute the
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Program except as expressly provided under this Agreement. Any
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attempt otherwise to copy, modify, sublicense or distribute the
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Program is void, and will automatically terminate your rights under
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this Agreement.
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3. DISCLAIMER OF WARRANTY.
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BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
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FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE
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PROGRAM IS PROVIDED ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY
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KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
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WARRANTIES THAT THE PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
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A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
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QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
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PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANONYMIZER INC. OR
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ANY DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
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NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
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WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE
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PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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4. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL ANONYMIZER INC.
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OR ANY DEVELOPER OR ANY OTHER CONTRIBUTOR OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT,
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SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
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INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
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INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
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LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
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EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
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THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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5. General.
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This license represents the complete agreement concerning subject
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matter hereof. If any provision of this Agreement is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This Agreement shall be governed by
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California law provisions (except to the extent applicable law, if
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any, provides otherwise), excluding its conflict-of-law provisions.
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The application of the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded. Any law or
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regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License.
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