2. License Grant and Restrictions
2.1. Grant. Licensor hereby grants to You, subject to the terms and conditions of this License, a revocable, non-exclusive, worldwide, perpetual, and royalty-free license to use, reproduce, distribute ,display, and modify (in accordance with Section 3) the Software in Object Form or Source Form.
2.2. Restrictions. In exchange for the rights that are granted to You under this License: (a) if You develop and release an import feature based on the Software, you shall also develop and release an export feature; and (b) You shall not file for any patent application, seek copyright protection or take any other action that might otherwise impair the ownership rights in and to the Software.
3.1. Donation of Contributions. Licensor welcomes Contributions and will, at its discretion, accept donations of Contributions. For the avoidance of doubt, if You elect to donate Your Contributions to Licensor, You are doing so voluntarily and hereby assign any intellectual property rights associated with Your donated Contributions to Licensor.
3.2. Inclusion of Contributions. Licensor, in its sole discretion, shall determine whether or not to include Your donated Contributions into the Software, in whole, or in part. Should Licensor elect to include any of Your donated Contributions into the Software: (a) they will become part of the Software and will be distributed under the terms and conditions of this License; and (b) Licensor shall have no responsibility to provide notice of attribution for Your donated Contributions. Neither party will use the names, marks or logos of the other without express written permission of the other party.
4. Warranties and Limitation of Liability
4.1. Disclaimer of Warranties. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING, MODIFYING OR REDISTRIBUTING THE SOFTWARE AND ASSUME ANY RISKS ASSOCIATED WITH YOUR EXERCISE OF PERMISSIONS UNDER THIS LICENSE.
4.2. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR EXEMPLARY DAMAGES WITH RESPECT TO ANY INJURY, LOSS, OR DAMAGE, ARISING UNDER OR IN CONNECTION WITH THIS LETTER AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH INJURY, LOSS, OR DAMAGE. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMISSIBLE AT LAW OR ANY GOVERMENTAL REGULATIONS.
5. Governing Law
This License shall be governed, construed and enforced in accordance with the laws of the state of Washington without regard to its conflict of law rules. Any action or proceeding arising from or relating to this Agreement shall be brought in a state or federal court within Washington, and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding.
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