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1 The MonetDB Public License
3 MonetDB Public License Version 1.1
5 This License is a derivative of the [20]Mozilla Public License (MPL)
6 Version 1.1, where the difference is that all references to "Mozilla"
7 and "Netscape" have been changed to "MonetDB" and "CWI", and that the
8 License has been made subject to the laws of The Netherlands.
10 1. Definitions.
12 1.0.1. "Commercial Use"
13 means distribution or otherwise making the Covered Code
14 available to a third party.
16 1.1. "Contributor"
17 means each entity that creates or contributes to the creation
18 of Modifications.
20 1.2. "Contributor Version"
21 means the combination of the Original Code, prior Modifications
22 used by a Contributor, and the Modifications made by that
23 particular Contributor.
25 1.3. "Covered Code"
26 means the Original Code or Modifications or the combination of
27 the Original Code and Modifications, in each case including
28 portions thereof.
30 1.4. "Electronic Distribution Mechanism"
31 means a mechanism generally accepted in the software
32 development community for the electronic transfer of data.
34 1.5. "Executable"
35 means Covered Code in any form other than Source Code.
37 1.6. "Initial Developer"
38 means the individual or entity identified as the Initial
39 Developer in the Source Code notice required by [21]Exhibit A.
41 1.7. "Larger Work"
42 means a work which combines Covered Code or portions thereof
43 with code not governed by the terms of this License.
45 1.8. "License"
46 means this document.
48 1.8.1. "Licensable"
49 means having the right to grant, to the maximum extent
50 possible, whether at the time of the initial grant or
51 subsequently acquired, any and all of the rights conveyed
52 herein.
54 1.9. "Modifications"
55 means any addition to or deletion from the substance or
56 structure of either the Original Code or any previous
57 Modifications. When Covered Code is released as a series of
58 files, a Modification is:
60 a. Any addition to or deletion from the contents of a file
61 containing Original Code or previous Modifications.
62 b. Any new file that contains any part of the Original Code or
63 previous Modifications.
65 1.10. "Original Code"
66 means Source Code of computer software code which is described
67 in the Source Code notice required by [22]Exhibit A as Original
68 Code, and which, at the time of its release under this License
69 is not already Covered Code governed by this License.
71 1.10.1. "Patent Claims"
72 means any patent claim(s), now owned or hereafter acquired,
73 including without limitation, method, process, and apparatus
74 claims, in any patent Licensable by grantor.
76 1.11. "Source Code"
77 means the preferred form of the Covered Code for making
78 modifications to it, including all modules it contains, plus
79 any associated interface definition files, scripts used to
80 control compilation and installation of an Executable, or
81 source code differential comparisons against either the
82 Original Code or another well known, available Covered Code of
83 the Contributor's choice. The Source Code can be in a
84 compressed or archival form, provided the appropriate
85 decompression or de-archiving software is widely available for
86 no charge.
88 1.12. "You" (or "Your")
89 means an individual or a legal entity exercising rights under,
90 and complying with all of the terms of, this License or a
91 future version of this License issued under [23]Section 6.1.
92 For legal entities, "You" includes any entity which controls,
93 is controlled by, or is under common control with You. For
94 purposes of this definition, "control" means (a) the power,
95 direct or indirect, to cause the direction or management of
96 such entity, whether by contract or otherwise, or (b) ownership
97 of more than fifty percent (50%) of the outstanding shares or
98 beneficial ownership of such entity.
100 2. Source Code License.
102 2.1. The Initial Developer Grant.
104 The Initial Developer hereby grants You a world-wide, royalty-free,
105 non-exclusive license, subject to third party intellectual property
106 claims:
107 a. under intellectual property rights (other than patent or
108 trademark) Licensable by Initial Developer to use, reproduce,
109 modify, display, perform, sublicense and distribute the Original
110 Code (or portions thereof) with or without Modifications, and/or
111 as part of a Larger Work; and
112 b. under Patents Claims infringed by the making, using or selling of
113 Original Code, to make, have made, use, practice, sell, and offer
114 for sale, and/or otherwise dispose of the Original Code (or
115 portions thereof).
116 c. the licenses granted in this Section 2.1 ([24]a) and ([25]b) are
117 effective on the date Initial Developer first distributes Original
118 Code under the terms of this License.
119 d. Notwithstanding Section 2.1 ([26]b) above, no patent license is
120 granted: 1) for code that You delete from the Original Code; 2)
121 separate from the Original Code; or 3) for infringements caused
122 by: i) the modification of the Original Code or ii) the
123 combination of the Original Code with other software or devices.
125 2.2. Contributor Grant.
127 Subject to third party intellectual property claims, each Contributor
128 hereby grants You a world-wide, royalty-free, non-exclusive license
129 a. under intellectual property rights (other than patent or
130 trademark) Licensable by Contributor, to use, reproduce, modify,
131 display, perform, sublicense and distribute the Modifications
132 created by such Contributor (or portions thereof) either on an
133 unmodified basis, with other Modifications, as Covered Code and/or
134 as part of a Larger Work; and
135 b. under Patent Claims infringed by the making, using, or selling of
136 Modifications made by that Contributor either alone and/or in
137 combination with its Contributor Version (or portions of such
138 combination), to make, use, sell, offer for sale, have made,
139 and/or otherwise dispose of: 1) Modifications made by that
140 Contributor (or portions thereof); and 2) the combination of
141 Modifications made by that Contributor with its Contributor
142 Version (or portions of such combination).
143 c. the licenses granted in Sections 2.2 ([27]a) and 2.2 ([28]b) are
144 effective on the date Contributor first makes Commercial Use of
145 the Covered Code.
146 d. Notwithstanding Section 2.2 ([29]b) above, no patent license is
147 granted: 1) for any code that Contributor has deleted from the
148 Contributor Version; 2) separate from the Contributor Version; 3)
149 for infringements caused by: i) third party modifications of
150 Contributor Version or ii) the combination of Modifications made
151 by that Contributor with other software (except as part of the
152 Contributor Version) or other devices; or 4) under Patent Claims
153 infringed by Covered Code in the absence of Modifications made by
154 that Contributor.
156 3. Distribution Obligations.
158 3.1. Application of License.
160 The Modifications which You create or to which You contribute are
161 governed by the terms of this License, including without limitation
162 Section [30]2.2. The Source Code version of Covered Code may be
163 distributed only under the terms of this License or a future version
164 of this License released under Section [31]6.1, and You must include a
165 copy of this License with every copy of the Source Code You
166 distribute. You may not offer or impose any terms on any Source Code
167 version that alters or restricts the applicable version of this
168 License or the recipients' rights hereunder. However, You may include
169 an additional document offering the additional rights described in
170 Section [32]3.5.
172 3.2. Availability of Source Code.
174 Any Modification which You create or to which You contribute must be
175 made available in Source Code form under the terms of this License
176 either on the same media as an Executable version or via an accepted
177 Electronic Distribution Mechanism to anyone to whom you made an
178 Executable version available; and if made available via Electronic
179 Distribution Mechanism, must remain available for at least twelve (12)
180 months after the date it initially became available, or at least six
181 (6) months after a subsequent version of that particular Modification
182 has been made available to such recipients. You are responsible for
183 ensuring that the Source Code version remains available even if the
184 Electronic Distribution Mechanism is maintained by a third party.
186 3.3. Description of Modifications.
188 You must cause all Covered Code to which You contribute to contain a
189 file documenting the changes You made to create that Covered Code and
190 the date of any change. You must include a prominent statement that
191 the Modification is derived, directly or indirectly, from Original
192 Code provided by the Initial Developer and including the name of the
193 Initial Developer in (a) the Source Code, and (b) in any notice in an
194 Executable version or related documentation in which You describe the
195 origin or ownership of the Covered Code.
197 3.4. Intellectual Property Matters
199 (a) Third Party Claims
201 If Contributor has knowledge that a license under a third party's
202 intellectual property rights is required to exercise the rights
203 granted by such Contributor under Sections [33]2.1 or [34]2.2,
204 Contributor must include a text file with the Source Code distribution
205 titled "LEGAL" which describes the claim and the party making the
206 claim in sufficient detail that a recipient will know whom to contact.
207 If Contributor obtains such knowledge after the Modification is made
208 available as described in Section [35]3.2, Contributor shall promptly
209 modify the LEGAL file in all copies Contributor makes available
210 thereafter and shall take other steps (such as notifying appropriate
211 mailing lists or newsgroups) reasonably calculated to inform those who
212 received the Covered Code that new knowledge has been obtained.
214 (b) Contributor APIs
216 If Contributor's Modifications include an application programming
217 interface and Contributor has knowledge of patent licenses which are
218 reasonably necessary to implement that API, Contributor must also
219 include this information in the legal file.
221 (c) Representations.
223 Contributor represents that, except as disclosed pursuant to Section
224 3.4 ([36]a) above, Contributor believes that Contributor's
225 Modifications are Contributor's original creation(s) and/or
226 Contributor has sufficient rights to grant the rights conveyed by this
227 License.
229 3.5. Required Notices.
231 You must duplicate the notice in [37]Exhibit A in each file of the
232 Source Code. If it is not possible to put such notice in a particular
233 Source Code file due to its structure, then You must include such
234 notice in a location (such as a relevant directory) where a user would
235 be likely to look for such a notice. If You created one or more
236 Modification(s) You may add your name as a Contributor to the notice
237 described in [38]Exhibit A. You must also duplicate this License in
238 any documentation for the Source Code where You describe recipients'
239 rights or ownership rights relating to Covered Code. You may choose to
240 offer, and to charge a fee for, warranty, support, indemnity or
241 liability obligations to one or more recipients of Covered Code.
242 However, You may do so only on Your own behalf, and not on behalf of
243 the Initial Developer or any Contributor. You must make it absolutely
244 clear than any such warranty, support, indemnity or liability
245 obligation is offered by You alone, and You hereby agree to indemnify
246 the Initial Developer and every Contributor for any liability incurred
247 by the Initial Developer or such Contributor as a result of warranty,
248 support, indemnity or liability terms You offer.
250 3.6. Distribution of Executable Versions.
252 You may distribute Covered Code in Executable form only if the
253 requirements of Sections [39]3.1, [40]3.2, [41]3.3, [42]3.4 and
254 [43]3.5 have been met for that Covered Code, and if You include a
255 notice stating that the Source Code version of the Covered Code is
256 available under the terms of this License, including a description of
257 how and where You have fulfilled the obligations of Section [44]3.2.
258 The notice must be conspicuously included in any notice in an
259 Executable version, related documentation or collateral in which You
260 describe recipients' rights relating to the Covered Code. You may
261 distribute the Executable version of Covered Code or ownership rights
262 under a license of Your choice, which may contain terms different from
263 this License, provided that You are in compliance with the terms of
264 this License and that the license for the Executable version does not
265 attempt to limit or alter the recipient's rights in the Source Code
266 version from the rights set forth in this License. If You distribute
267 the Executable version under a different license You must make it
268 absolutely clear that any terms which differ from this License are
269 offered by You alone, not by the Initial Developer or any Contributor.
270 You hereby agree to indemnify the Initial Developer and every
271 Contributor for any liability incurred by the Initial Developer or
272 such Contributor as a result of any such terms You offer.
274 3.7. Larger Works.
276 You may create a Larger Work by combining Covered Code with other code
277 not governed by the terms of this License and distribute the Larger
278 Work as a single product. In such a case, You must make sure the
279 requirements of this License are fulfilled for the Covered Code.
281 4. Inability to Comply Due to Statute or Regulation.
283 If it is impossible for You to comply with any of the terms of this
284 License with respect to some or all of the Covered Code due to
285 statute, judicial order, or regulation then You must: (a) comply with
286 the terms of this License to the maximum extent possible; and (b)
287 describe the limitations and the code they affect. Such description
288 must be included in the legal file described in Section [45]3.4 and
289 must be included with all distributions of the Source Code. Except to
290 the extent prohibited by statute or regulation, such description must
291 be sufficiently detailed for a recipient of ordinary skill to be able
292 to understand it.
294 5. Application of this License.
296 This License applies to code to which the Initial Developer has
297 attached the notice in [46]Exhibit A and to related Covered Code.
299 6. Versions of the License.
301 6.1. New Versions
303 Stichting Centrum voor Wiskunde en Informatica ("CWI") may publish
304 revised and/or new versions of the License from time to time. Each
305 version will be given a distinguishing version number.
307 6.2. Effect of New Versions
309 Once Covered Code has been published under a particular version of the
310 License, You may always continue to use it under the terms of that
311 version. You may also choose to use such Covered Code under the terms
312 of any subsequent version of the License published by CWI. No one
313 other than CWI has the right to modify the terms applicable to Covered
314 Code created under this License.
316 6.3. Derivative Works
318 If You create or use a modified version of this License (which you may
319 only do in order to apply it to code which is not already Covered Code
320 governed by this License), You must (a) rename Your license so that
321 the phrases "MonetDB", "CWI" or any confusingly similar phrase do not
322 appear in your license (except to note that your license differs from
323 this License) and (b) otherwise make it clear that Your version of the
324 license contains terms which differ from the MonetDB Public License.
325 (Filling in the name of the Initial Developer, Original Code or
326 Contributor in the notice described in [47]Exhibit A shall not of
327 themselves be deemed to be modifications of this License.)
329 7. Disclaimer of warranty
331 Covered code is provided under this license on an "as is" basis,
332 without warranty of any kind, either expressed or implied, including,
333 without limitation, warranties that the covered code is free of
334 defects, merchantable, fit for a particular purpose or non-infringing.
335 The entire risk as to the quality and performance of the covered code
336 is with you. Should any covered code prove defective in any respect,
337 you (not the initial developer or any other contributor) assume the
338 cost of any necessary servicing, repair or correction. This disclaimer
339 of warranty constitutes an essential part of this license. No use of
340 any covered code is authorized hereunder except under this disclaimer.
342 8. Termination
344 8.1. This License and the rights granted hereunder will terminate
345 automatically if You fail to comply with terms herein and fail to cure
346 such breach within 30 days of becoming aware of the breach. All
347 sublicenses to the Covered Code which are properly granted shall
348 survive any termination of this License. Provisions which, by their
349 nature, must remain in effect beyond the termination of this License
350 shall survive.
352 8.2. If You initiate litigation by asserting a patent infringement
353 claim (excluding declatory judgment actions) against Initial Developer
354 or a Contributor (the Initial Developer or Contributor against whom
355 You file such action is referred to as "Participant") alleging that:
356 a. such Participant's Contributor Version directly or indirectly
357 infringes any patent, then any and all rights granted by such
358 Participant to You under Sections [48]2.1 and/or [49]2.2 of this
359 License shall, upon 60 days notice from Participant terminate
360 prospectively, unless if within 60 days after receipt of notice
361 You either: (i) agree in writing to pay Participant a mutually
362 agreeable reasonable royalty for Your past and future use of
363 Modifications made by such Participant, or (ii) withdraw Your
364 litigation claim with respect to the Contributor Version against
365 such Participant. If within 60 days of notice, a reasonable
366 royalty and payment arrangement are not mutually agreed upon in
367 writing by the parties or the litigation claim is not withdrawn,
368 the rights granted by Participant to You under Sections [50]2.1
369 and/or [51]2.2 automatically terminate at the expiration of the 60
370 day notice period specified above.
371 b. any software, hardware, or device, other than such Participant's
372 Contributor Version, directly or indirectly infringes any patent,
373 then any rights granted to You by such Participant under Sections
374 2.1([52]b) and 2.2([53]b) are revoked effective as of the date You
375 first made, used, sold, distributed, or had made, Modifications
376 made by that Participant.
378 8.3. If You assert a patent infringement claim against Participant
379 alleging that such Participant's Contributor Version directly or
380 indirectly infringes any patent where such claim is resolved (such as
381 by license or settlement) prior to the initiation of patent
382 infringement litigation, then the reasonable value of the licenses
383 granted by such Participant under Sections [54]2.1 or [55]2.2 shall be
384 taken into account in determining the amount or value of any payment
385 or license.
387 8.4. In the event of termination under Sections [56]8.1 or [57]8.2
388 above, all end user license agreements (excluding distributors and
389 resellers) which have been validly granted by You or any distributor
390 hereunder prior to termination shall survive termination.
392 9. Limitation of liability
394 Under no circumstances and under no legal theory, whether tort
395 (including negligence), contract, or otherwise, shall you, the initial
396 developer, any other contributor, or any distributor of covered code,
397 or any supplier of any of such parties, be liable to any person for
398 any indirect, special, incidental, or consequential damages of any
399 character including, without limitation, damages for loss of goodwill,
400 work stoppage, computer failure or malfunction, or any and all other
401 commercial damages or losses, even if such party shall have been
402 informed of the possibility of such damages. This limitation of
403 liability shall not apply to liability for death or personal injury
404 resulting from such party's negligence to the extent applicable law
405 prohibits such limitation. Some jurisdictions do not allow the
406 exclusion or limitation of incidental or consequential damages, so
407 this exclusion and limitation may not apply to you.
409 10. U.S. government end users
411 The Covered Code is a "commercial item," as that term is defined in 48
412 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
413 and "commercial computer software documentation," as such terms are
414 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
415 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
416 U.S. Government End Users acquire Covered Code with only those rights
417 set forth herein.
419 11. Miscellaneous
421 This License represents the complete agreement concerning subject
422 matter hereof. If any provision of this License is held to be
423 unenforceable, such provision shall be reformed only to the extent
424 necessary to make it enforceable. This License shall be governed by
425 the laws of The Netherlands and You hereby irrevocably agree that the
426 Courts of Amsterdam, The Netherlands, are to have jurisdiction to
427 settle any disputes which may arise out of or in connection with this
428 License. The application of the United Nations Convention on Contracts
429 for the International Sale of Goods is expressly excluded. Any law or
430 regulation which provides that the language of a contract shall be
431 construed against the drafter shall not apply to this License.
433 12. Responsibility for claims
435 As between Initial Developer and the Contributors, each party is
436 responsible for claims and damages arising, directly or indirectly,
437 out of its utilization of rights under this License and You agree to
438 work with Initial Developer and Contributors to distribute such
439 responsibility on an equitable basis. Nothing herein is intended or
440 shall be deemed to constitute any admission of liability.
442 13. Multiple-licensed code
444 Initial Developer may designate portions of the Covered Code as
445 "Multiple-Licensed". "Multiple-Licensed" means that the Initial
446 Developer permits you to utilize portions of the Covered Code under
447 Your choice of the MonetDB Public License or the alternative licenses,
448 if any, specified by the Initial Developer in the file described in
449 [58]Exhibit A.
451 Exhibit A - MonetDB Public License.
453 "The contents of this file are subject to the MonetDB Public License
454 Version 1.1 (the "License"); you may not use this file except in
455 compliance with the License. You may obtain a copy of the License at
456 http://monetdb.cwi.nl/Legal/MonetDBLicense-1.1.html
458 Software distributed under the License is distributed on an "AS IS"
459 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
460 License for the specific language governing rights and limitations
461 under the License.
463 The Original Code is ______________________________________.
465 The Initial Developer of the Original Code is ________________________.
466 Portions created by ______________________ are Copyright (C) ______
467 _______________________. All Rights Reserved.
469 Contributor(s): ______________________________________.
471 Alternatively, the contents of this file may be used under the terms
472 of the _____ license (the "[___] License"), in which case the
473 provisions of [______] License are applicable instead of those
474 above. If you wish to allow use of your version of this file only
475 under the terms of the [____] License and not to allow others to use
476 your version of this file under the MonetDB Public License, indicate
477 your decision by deleting the provisions above and replace them with
478 the notice and other provisions required by the [___] License. If you
479 do not delete the provisions above, a recipient may use your version
480 of this file under either the MonetDB Public License or the [___] License."
482 NOTE: The text of this Exhibit A may differ slightly from the text of
483 the notices in the Source Code files of the Original Code. You should
484 use the text of this Exhibit A rather than the text found in the
485 Original Code Source Code for Your Modifications.
487 [59]© 1994-2005 CWI
489 References
491 20. http://www.mozilla.org/MPL/MPL-1.1.html
492 21. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
493 22. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
494 23. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-6.1
495 24. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-a
496 25. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b
497 26. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b
498 27. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-a
499 28. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b
500 29. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b
501 30. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2
502 31. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-6.1
503 32. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.5
504 33. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1
505 34. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2
506 35. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2
507 36. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4-a
508 37. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
509 38. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
510 39. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.1
511 40. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2
512 41. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.3
513 42. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4
514 43. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.5
515 44. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.2
516 45. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-3.4
517 46. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
518 47. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
519 48. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1
520 49. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2
521 50. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1
522 51. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2
523 52. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1-b
524 53. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2-b
525 54. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.1
526 55. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-2.2
527 56. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-8.1
528 57. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#section-8.2
529 58. http://monetdb.cwi.nl/Development/Legal/MonetDBLicense-1.1/index.html#exhibit-a
530 59. http://www.cwi.nl/

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