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Terracotta Public License (version 2.0)

1. Definitions

1.1. "Contributor" means each individual or legal entity that creates, contributes to the creation of, and owns Covered Software.

1.2. "Contributor Version" means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor's Contribution.

1.3. "Contribution" means Covered Software of a particular Contributor.

1.4. "Covered Software" means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.

1.5. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.6. "Incompatible With Secondary Licenses" means (a) that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or (b) that the Covered Software was made available under the terms of version 1.0, but not also under the terms of a Secondary License.

1.7. "Executable Form" means any form of the work other than Source Code Form.

1.8. "Larger Work" means a work that combines Covered Software with other material, in a separate file or files that is not Covered Software.

1.9. "License" means this document.

1.10. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.

1.11. "Modifications" means any of the following: (a) any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or (b) any new file in Source Code Form that contains any Covered Software.

1.12. "Patent Claims" of a Contributor means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.

1.13. "Secondary License" means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.

1.14. "Source Code Form" means the form of the work preferred for making modifications including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable Form, or source code differential comparisons against either the Covered Software or another well known, available Covered Software of the Contributor's choice. The Source Code Form can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.15. "You" (or "Your") means an individual or a legal entity exercising rights under this License. For legal entities, "You" includes any entity that 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.

2. License Grants and Conditions

2.1. Grants

The Initial Developer and each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

a. under intellectual property rights (other than patent or trademark) licensable by such Contributor to use, reproduce, make available, modify, display, perform, sublicense, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and

b. under Patent Claims of such Initial Developer or Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution or otherwise makes available Contributions under the terms of this License.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:

a. for any code that a Contributor has removed from Covered Software; or

b. for infringements caused by: (i) You and any other third party's modifications of Covered Software, or (ii) You and any other third party's combination with other software (except as part of its Contributor Version) or devices; or

c. under Patent Claims infringed by Covered Software in the absence of Contributions. This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice and attribution requirements in Sections 3.5 and 3.8).

2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).

2.5. Representation

Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

2.7. Conditions

Sections 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, and 3.7 are conditions of the licenses granted in Section 2.1.

2.8. Multiple-licensed Software

Initial Developer may designate portions of the Covered Software as “Multiple- Licensed”. “Multiple-Licensed” means that the Initial Developer permits You to utilize portions of the Covered Software under Your choice of the TPL or alternative licenses, if any, specified in Exhibit A by the Initial Developer.

3. Responsibilities

3.1. Distribution of Source Code Form

All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License or a future version of this license released under Section 10.1, and You must include a copy of this license with every copy of the source code You distribute or otherwise make available. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not offer or impose any terms on any Source Code Form that alters or restricts the applicable version of this license or the recipients’ rights thereunder. However, You may include an additional document offering the additional rights described in Section 3.6.

3.2. Distribution of Executable Form

If You distribute Covered Software in Executable Form then: (a) such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and (b) You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients' rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).

3.4. Description of Modifications

You must cause all Modifications to the Covered Software to contain a file documenting the changes You made to the Covered Software and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Covered Software provided by the Initial Developer and include the name of the Initial Developer in (a) the Source Code Form, and (b) in any notice in an Executable Form or related documentation in which You describe the origin or ownership of the Covered Software.

3.5. Notices

You must duplicate the notice in Exhibit A in each file of the 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 Exhibit 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 Software. You may not remove or alter the substance of any License notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any License notices to the extent required to remedy known factual inaccuracies.

3.6. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of any Contributor. You must make it absolutely clear that any such warranty, support, indemnity, or liability obligation is offered by You alone, and You hereby agree to indemnify every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.

3.7. Intellectual Property Matters

(a) Third Party Claims

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 Section 2.1, 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, 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 Software that new knowledge has been obtained.

(b) Contributor APIs

If Contributor’s Modifications include an application programming interface and Contributor has knowledge of patent licenses which hare reasonably necessary to implement that API, Contributor must also include this information in the Legal file.

(c) Representations

Contributor represents that, except as disclosed pursuant to Section 3.7 (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.

3.8. Certain Attribution Requirements

This License does not grant any License or rights to use the trademarks “TERRACOTTA” “SOFTWARE AG,” any logos, trade names or slogans of either Terracotta, Inc. or Software AG. However, in addition to the other notice obligations all copies of the Covered Software in Executable Form and Source Code Form distributed or otherwise made available, must as a form of attribution of the Initial Developer, include on each user interface screen (a) the copyright notice in the same form as the latest version of the Covered Software distributed or otherwise made available by Terracotta Inc. at the time of distribution or making available of such copy and (b) the following text which must be large enough so that it can be read easily “Powered by Terracotta.” The copyright notice and text must be visible to all users and be located at the very bottom and in the center of each user interface screen. The word “Terracotta” must be a hyperlink, so that when any user activates the link (e.g. by clicking on it with a mouse), the user will be directed to http://www.terracotta.org.

4. Inability to Comply Due to Statute or Regulation

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Software 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 placed in a text file included with all distributions of the Covered Software under this License. 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.

5. Termination

5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.

6. Disclaimer of Warranty

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

7. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, 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.

8. Litigation

8.1. Litigation

This License shall be governed in accordance with the laws of the Commonwealth of Virginia (except to the extent applicable law, if any, provides otherwise), without giving effect to its conflicts-of-laws provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this license shall be subject to the jurisdiction of the federal courts of the Commonwealth of Virginia 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 contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulations of any other countries) when You use, distribute, or otherwise make available Covered Software.

8.2. Litigation

This License shall be governed in accordance with the laws of the Commonwealth of Virginia (except to the extent applicable law, if any, provides otherwise), without giving effect to its conflicts-of-laws provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this license shall be subject to the jurisdiction of the federal courts of the Commonwealth of Virginia 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 contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulations of any other countries) when You use, distribute, or otherwise make available Covered Software.

8.3. Responsibility for Claims

As between the Initial Developer and 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 an admission of liability.

9. Miscellaneous

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.

10. Versions of the License

10.1. New Versions

Terracotta, Inc. and/or its parent Software AG (“Terracotta”) may publish revised and/or new versions of the license from time to time. Except as provided in Section 10.3, no one other than Terracotta has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.

10.2. Effect of New Versions

You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by Terracotta.

10.3. Modified Versions

If You create or use a modified version of this License (which You may do in order to apply it to code with is not already covered by this License), You must (a) rename Your License so that the phrases “Terracotta” “TPL” “Software AG,” 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 the license contains terms which differ from the Terracotta Public License. Filling in the name of the Initial Developer, Covered Software or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

This Terracotta Public License (TPL) is similar to, and contains samples from, the Mozilla Public License (MPL) and the Common Development and Distribution License (CDDL). However, this TPL contains terms which differ from those contained in the MPL and CDDL.

10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses

If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.

Exhibit A - Terracotta Public License.

"The contents of this file are subject to the Terracotta Public License Version 2.0 (the "License"); You may not use this file except in compliance with the License. You may obtain a copy of the License at http://terracotta.org/legal/terracotta-public-license.

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Covered Software is Terracotta Server Open Source Kit.

The Initial Developer of the Covered Software is Terracotta, Inc. (C) 2015 Terracotta, Inc., a Software AG company

Portions created by ______________________ are Copyright (C) _____________________________. All Rights Reserved.

Contributor(s): ______________________________________.

NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE NOTICES IN THE SOURCE CODE FILES OF THE COVERED SOFTWARE. YOU SHOULD USE THE TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE COVERED SOFTWARE SOURCE CODE FOR YOUR MODIFICATIONS.

Exhibit B - "Incompatible With Secondary Licenses" Notice

This Source Code Form is "Incompatible With Secondary Licenses", as defined by the Terracotta Public License, v. 2.0.






Terracotta Public License (version 1.0)

1. Definitions

1.1. "Contributor" means each individual or entity that creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.8. "License" means this document.

1.8.1. "Licensable" 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.

1.9. "Modifications" 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:

a. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

b. Any new file that contains any part of the Original Code or previous Modifications.

c. Any new file that is contributed or otherwise made available under the terms of this License.

1.10. "Original Code" means Source Code and Executable form of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

1.11. "Source Code" 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.

1.12. "You" (or "Your") 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 Section 6.1. 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.

2. Source Code License

2.1. The Initial Developer Grant

THE INITIAL DEVELOPER HEREBY GRANTS YOU A WORLD-WIDE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE, SUBJECT TO THIRD PARTY INTELLECTUAL PROPERTY CLAIMS:

a. under intellectual property rights (other than patent or 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

b. under Patents Claims infringed by the making, using or selling 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).

c. the licenses granted in this Section 2.1 (a) and (b) are effective on the date Initial Developer first distributes or otherwise makes available Original Code under the terms of this License.

d. Notwithstanding Section 2.1 (b) 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.

2.2. Contributor Grant

SUBJECT TO THIRD PARTY INTELLECTUAL PROPERTY CLAIMS, EACH CONTRIBUTOR HEREBY GRANTS YOU AND INITIAL DEVELOPER A WORLD-WIDE, ROYALTY-FREE, NON-EXCLUSIVE LICENSE:

a. under intellectual property rights (other than patent or trademark) 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

b. under Patent Claims infringed by the making, using, or selling of 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).

c. the licenses granted in Sections 2.2 (a) and 2.2 (b) are effective on the date Contributor first distributes or otherwise makes available the Covered Code.

d. Notwithstanding Section 2.2 (b) 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.

3. Distribution Obligations

3.1. Application of License

ANY COVERED CODE THAT YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE IS GOVERNED BY THE TERMS OF THIS LICENSE, INCLUDING WITHOUT LIMITATION SECTION 2.2. 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 6.1, AND YOU MUST INCLUDE A COPY OF THIS LICENSE WITH EVERY COPY OF THE SOURCE CODE YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE. 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 3.5.

3.2. Availability of Source Code

ANY MODIFICATION WHICH YOU CREATE OR TO WHICH YOU CONTRIBUTE MUST BE MADE AVAILABLE IN 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.

3.3. Description of Modifications

YOU MUST CAUSE ALL COVERED CODE TO WHICH YOU CONTRIBUTE TO CONTAIN A FILE DOCUMENTING THE 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.

3.4. Intellectual Property Matters

(a) Third Party Claims

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 2.1 OR 2.2, 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 3.2, 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.

(b) Contributor APIs

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.

(c) Representations.

CONTRIBUTOR REPRESENTS THAT, EXCEPT AS DISCLOSED PURSUANT TO SECTION 3.4 (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.

3.5. Required Notices

YOU MUST DUPLICATE THE NOTICE IN EXHIBIT A IN EACH FILE OF THE 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 EXHIBIT 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.

3.6. Distribution of Executable Versions

YOU MAY DISTRIBUTE OR OTHERWISE MAKE AVAILABLE COVERED CODE IN EXECUTABLE FORM ONLY IF THE REQUIREMENTS OF SECTIONS 3.1, 3.2, 3.3, 3.4 AND 3.5 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 3.2. 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 OR OTHERWISE MAKE AVAILABLE 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 OR OTHERWISE MAKE AVAILABLE 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.

3.7. Larger Works

YOU MAY CREATE A LARGER WORK BY COMBINING COVERED CODE WITH OTHER CODE NOT GOVERNED BY THE TERMS OF THIS LICENSE AND DISTRIBUTE OR OTHERWISE MAKE AVAILABLE 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.

4. Inability to Comply Due to Statute or Regulation

IF IT IS IMPOSSIBLE FOR YOU TO COMPLY WITH ANY OF THE TERMS OF THIS LICENSE WITH RESPECT TO 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 LEGAL FILE DESCRIBED IN SECTION 3.4 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.

5. Application of this License

THIS LICENSE APPLIES TO CODE TO WHICH THE INITIAL DEVELOPER HAS ATTACHED THE NOTICE IN EXHIBIT A AND TO RELATED COVERED CODE.

6. Versions of the License

6.1. New Versions

TERRACOTTA, INC. ("TERRACOTTA") MAY PUBLISH REVISED AND/OR NEW VERSIONS OF THE LICENSE FROM TIME TO TIME. EACH VERSION WILL BE GIVEN A DISTINGUISHING VERSION NUMBER.

6.2. Effect of New Versions

ONCE COVERED CODE HAS BEEN PUBLISHED UNDER A PARTICULAR VERSION OF THE LICENSE, YOU MAY ALWAYS CONTINUE TO USE IT UNDER THE TERMS OF THAT VERSION. YOU MAY ALSO CHOOSE TO USE SUCH COVERED CODE UNDER THE TERMS OF ANY SUBSEQUENT VERSION OF THE LICENSE PUBLISHED BY TERRACOTTA. NO ONE OTHER THAN TERRACOTTA HAS THE RIGHT TO MODIFY THE TERMS APPLICABLE TO COVERED CODE CREATED UNDER THIS LICENSE.

6.3. Derivative Works of License; Antecedent Licenses

IF YOU CREATE OR USE A MODIFIED VERSION OF THIS LICENSE (WHICH YOU MAY ONLY DO IN ORDER TO APPLY IT TO CODE WHICH IS NOT ALREADY COVERED CODE GOVERNED BY THIS LICENSE), YOU MUST (A) RENAME YOUR LICENSE SO THAT THE PHRASES "TERRACOTTA", "TPL", 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 THE LICENSE CONTAINS TERMS WHICH DIFFER FROM THE TERRACOTTA PUBLIC LICENSE. (FILLING IN THE NAME OF THE INITIAL DEVELOPER, ORIGINAL CODE OR CONTRIBUTOR IN THE NOTICE DESCRIBED IN EXHIBIT A SHALL NOT OF THEMSELVES BE DEEMED TO BE MODIFICATIONS OF THIS LICENSE.)

THIS TERRACOTTA PUBLIC LICENSE (TPL) IS SIMILAR TO, AND CONTAINS SAMPLES FROM, THE MOZILLA PUBLIC LICENSE (MPL) AND THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). HOWEVER, THIS TPL CONTAINS TERMS WHICH DIFFER FROM THOSE CONTAINED IN THE MPL AND THE CDDL.

7. Disclaimer of Warranty

COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 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.

8. Termination

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.

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:

a. such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (1) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (2) 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 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.

b. any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

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 2.1 OR 2.2 SHALL BE TAKEN INTO ACCOUNT IN DETERMINING THE AMOUNT OR VALUE OF ANY PAYMENT OR LICENSE.

8.4. IN THE EVENT OF TERMINATION UNDER SECTIONS 8.1 OR 8.2 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.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER 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 LOST PROFITS, 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.

10. U.S. Government End Users

THE COVERED CODE IS A "COMMERCIAL ITEM," AS THAT TERM IS DEFINED IN 48 C.F.R. 2.101 (OCT. 1995), CONSISTING OF "COMMERCIAL COMPUTER SOFTWARE" AND "COMMERCIAL COMPUTER SOFTWARE DOCUMENTATION," AS SUCH TERMS ARE USED IN 48 C.F.R. 12.212 (SEPT. 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.

11. Miscellaneous

THIS LICENSE REPRESENTS THE COMPLETE AGREEMENT CONCERNING SUBJECT MATTER HEREOF. IF 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 GOVERNED BY CALIFORNIA LAW PROVISIONS (EXCEPT TO THE EXTENT APPLICABLE LAW, IF ANY, 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 REGISTERED TO DO BUSINESS IN THE UNITED STATES OF AMERICA, ANY LITIGATION RELATING TO THIS LICENSE SHALL BE SUBJECT TO THE JURISDICTION OF THE FEDERAL COURTS OF THE NORTHERN DISTRICT OF CALIFORNIA, WITH VENUE LYING IN SANTA CLARA COUNTY, CALIFORNIA, 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. YOU AGREE THAT YOU ALONE ARE RESPONSIBLE FOR COMPLIANCE WITH THE UNITED STATES EXPORT ADMINISTRATION REGULATIONS (AND THE EXPORT CONTROL LAWS AND REGULATIONS OF ANY OTHER COUNTRIES) WHEN YOU USE, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE ANY COVERED CODE.

12. Responsibility for Claims

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.

13. Multiple-Licensed Code

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 THE TPL OR THE ALTERNATIVE LICENSES, IF ANY, SPECIFIED BY THE INITIAL DEVELOPER IN THE FILE DESCRIBED IN EXHIBIT A.

14. Certain Attribution Requirements

THIS LICENSE DOES NOT GRANT ANY LICENSE OR RIGHTS TO USE THE TRADEMARKS "TERRACOTTA," ANY "TERRACOTTA" LOGOS, OR ANY OTHER TRADEMARKS OF TERRACOTTA, INC.

HOWEVER, IN ADDITION TO THE OTHER NOTICE OBLIGATIONS, ALL COPIES OF THE COVERED CODE IN EXECUTABLE AND SOURCE CODE FORM DISTRIBUTED OR OTHERWISE MADE AVAILABLE MUST, AS A FORM OF ATTRIBUTION OF THE INITIAL DEVELOPER, INCLUDE ON EACH USER INTERFACE SCREEN (I) THE COPYRIGHT NOTICE IN THE SAME FORM AS THE LATEST VERSION OF THE COVERED CODE DISTRIBUTED OR OTHERWISE MADE AVAILABLE BY TERRACOTTA, INC. AT THE TIME OF DISTRIBUTION OR MAKING AVAILABLE OF SUCH COPY AND (II) THE FOLLOWING TEXT, WHICH MUST BE LARGE ENOUGH SO THAT IT CAN BE READ EASILY: "POWERED BY TERRACOTTA". THE COPYRIGHT NOTICE AND TEXT MUST BE VISIBLE TO ALL USERS AND BE LOCATED AT THE VERY BOTTOM AND IN THE CENTER OF EACH USER INTERFACE SCREEN. THE WORD "TERRACOTTA" MUST BE A HYPERLINK, SO THAT WHEN ANY USER ACTIVATES THE LINK (E.G., BY CLICKING ON IT WITH A MOUSE), THE USER WILL BE DIRECTED TO HTTP://WWW.TERRACOTTA.ORG.

Exhibit A - Terracotta Public License.

"The contents of this file are subject to the Terracotta Public License, version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.terracotta.org/TPL.

Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

The Original Code is ______________________________________.

The Initial Developer of the Original Code is Terracotta, Inc.

Portions created by ______________________ are Copyright (C) _____________________________. All Rights Reserved.

Contributor(s): ______________________________________.

NOTE: THE TEXT OF THIS EXHIBIT A MAY DIFFER SLIGHTLY FROM THE TEXT OF THE NOTICES IN THE SOURCE CODE FILES OF THE ORIGINAL CODE. YOU SHOULD USE THE TEXT OF THIS EXHIBIT A RATHER THAN THE TEXT FOUND IN THE ORIGINAL CODE SOURCE CODE FOR YOUR MODIFICATIONS.