<> Trend Micro, Inc. November 30, 2012 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Trend Micro Safe Lock(TM) Version 1.0 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Note: This readme file was current as of the date above. However, all customers should check Trend Micro's website for updates. http://www.trendmicro.com/download/ Contents =================================================================== 1. About Trend Micro Safe Lock(TM) 2. What's New 3. Documentation Set 4. System Requirements 4.1 Hardware Requirements 4.2 Supported Operating Systems 5. Installation 5.1 Installing with the Windows installer 5.2 Installing with the command line installer 5.3 Uninstalling Trend Micro Safe Lock 6. Post-Installation Configuration 6.1 Setting Up the Approved List 7. Known Issues 8. Release History 9. Contact Information 10. About Trend Micro 11. License Agreement =================================================================== 1. About Trend Micro Safe Lock ======================================================================== Trend Micro Safe Lock protects fixed-function computers like Industrial Control Systems (ICS), Point of Sale (POS) terminals, and kiosk terminals from malicious software and unauthorized use. By using fewer resources and without the need for regular software or system updates, Safe Lock can reliably secure computers in industrial and commercial environments with little performance impact or downtime. 2. What's New ======================================================================== Trend Micro Safe Lock includes the following features and benefits. - Application Lockdown prevents programs not specifically on the application Approved List from running. - Exploit Protection for both known and unknown targeted threats for systems without the latest operating system updates. - Easy management for installing and updating the applications on the system without having to unlock Safe Lock. - Small footprint compared to other endpoint security solutions that rely on large pattern files that require constant updates. - Role-based administration provides full control during installation and setup and simplified monitoring and maintenance after deployment. - Graphical and command line interfaces for ease of use and convenience. - Compatibility with Trend Micro Portable Security ensures straightforward removal of any threats that do make it onto the computer. 3. Documentation Set ======================================================================== In addition to this readme.txt, the documentation set for this product includes the following: - Installation Guide (IG): Provides product overview, deployment plan, installation steps and basic information intended to help you deploy Trend Micro Safe Lock. - Administrator's Guide (AG): Provides post-installation instructions on how to configure the settings to help you get Trend Micro Safe Lock "up and running". Also includes instructions on performing other administrative tasks for the maintenance of Safe Lock. - Knowledge Base: Provides a searchable database of known product issues, including specific problem-solving and troubleshooting topics. http://esupport.trendmicro.com 4. System Requirements ======================================================================== 4.1 Hardware Requirements ===================================================================== Trend Micro Safe Lock does not have specific hardware requirements beyond those specified by the operating system, with the following exceptions: - Available disk space: 300MB - Monitor and resolution: VGA (640x480) 4.2 Supported Operating Systems ===================================================================== Windows Clients: Windows 2000 Professional SP4 (32-bit) Windows XP Professional SP1/SP2/SP3 (32-bit) Windows Vista Business/Enterprise/Ultimate NoSP/SP1/SP2 (32-bit) Windows 7 Professional/Enterprise/Ultimate NoSP/SP1 (32/64-bit) Windows XP Embedded Standard SP1/SP2 (32-bit) Windows XP Embedded Standard 2009 NoSP (32-bit) Windows Embedded Standard 7 NoSP/SP1 (32/64-bit) Windows Embedded Enterprise XP SP1/SP2/SP3 (32-bit) Windows Embedded Enterprise Vista NoSP/SP1/SP2 (32-bit) Windows Embedded Enterprise 7 NoSP/SP1 (32/64-bit) Windows Server: Windows 2000 Server SP4 (32-bit) Windows 2003 Standard/Enterprise/Storage SP1/SP2 (32bit) Windows 2003 R2 Standard/Enterprise/Storage NoSP/SP2 (32bit) Windows 2008 Standard/Enterprise/Storage SP1/SP2 (32/64bit) Windows 2008 R2 Standard/Enterprise/Storage NoSP/SP1 (64bit) Windows Embedded Server 2003 SP1/SP2 (32-bit) Windows Embedded Server 2003 R2 NoSP/SP2 (32-bit) Windows Embedded Server 2008 SP1/SP2 (32/64-bit) Windows Embedded Server 2008 R2 NoSP/SP1 (64-bit) 5. Installation ======================================================================== Trend Micro Safe Lock can be installed using either the Windows installer or from the command line. To install Trend Micro Safe Lock, you must log on the computer using an account with Administrator privileges. 5.1 Installing with Windows installer ======================================================= 1. Double-click the Setup icon. 2. When the installation wizard opens, click Next. 3. Read the license agreement, select I accept the terms in the License Agreement, and then click Next. 4. Make any necessary changes to the installation options, and then click Next. 5. Provide the Activation Code and specify an Administrator password for Trend Micro Safe Lock, and then click Next. The password must be between 8 and 64 ASCII characters and cannot contain the following characters: |><\" or spaces. 6. When the Installation Complete window displays, click Finish. While restarting the computer after installation is not necessary, memory randomization will not be enabled until the next time the computer restarts. See Exploit Protection Settings in the Administrator Guide for more information. 5.2 Installing with Command line installer ======================================================= For details, refer to the Installation Guide. 5.3 Uninstalling Trend Micro Safe Lock ======================================================= 1. From the Windows Start Menu, select the Control Panel, and do one of the following: - For Windows 7: Click Programs and Features. - For Windows Vista/XP: Click Add or Remove Programs. 2. Locate Trend Micro Safe Lock and double-click it (Windows 7 or Vista) or right-click it and select Remove. 3. When the uninstaller opens, click Next. 4. Provide the Administrator password, and click Next. 5. After the software is finished uninstalling, click Finish. 6. Post-Installation Configuration ======================================================================== 6.1 Setting Up the Approved List ======================================================= 1. Open the Trend Micro Safe Lock console using the desktop icon (if available) or click the Start button and go to All Programs > Trend Micro Safe Lock. 2. Provide the password and click Login. 3. At the notification window, select Yes. Set up the Approved List now and click OK. 4. When the check finishes, Trend Micro Safe Lock provides a list of applications currently on the computer. Deselect any applications that should not be added to the Approved List, and then click OK. 5. Confirm the applications listed to add to the Approved List, and then click Approve. 6. Once the applications have been added, click Close. 7. Known Issues ======================================================================== - All Safe Lock features require Windows Administrator privileges. - Safe Lock cannot be installed on computers with other Trend Micro products already installed. - Network Virus Protection can only be installed during the initial Safe Lock installation. To enable Network Virus Protection, Safe Lock must be reinstalled. - When installed on English operating systems, the Japanese language version of Safe Lock may not display all characters correctly. - If Safe Lock is installed silently, and the computer must be restarted, it must be restarted manually. - Safe Lock has the maximum path lengths (total characters): - Install: 190 - ADD/TU: 238 - Export DB: 251 - Import DB: 259 - Export/Import Configuration: 259 - Memory Randomization, API Hooking Prevention and DLL Injection Prevention are not supported on 64-bit platforms. - The computer must be restarted for Memory Randomization to be enabled or disabled. - Applications encrypted at the file system level and virtualized applications are not supported. - Safe Lock displays incorrectly at DPI settings other than Windows default. - The Safe Lock management console and command line interface cannot be used at the same time, or by multiple logins. - All Safe Lock features require Windows Administrator privileges. - Files to be added to the Approved List must have read access enabled. - Safe Lock must be unlocked in order to change the screen saver. - When the computer is restarted, the Service Stopped event (ID=1001) is not logged. - Safe Lock always resolves mapped drives to their UNC, even if the mapped drive is selected. - If using the Trusted Updater with an .msi file over the network, the CPU usage may be unusually high. Copy the file to a local drive to solve this issue. - USB Malware Protection will prevent Trend Micro Portable Security from running automatically. Run launcher.exe manually to scan the computer. - USB Malware Protection blocks TMPS autorun.inf regardless of lock mode. Please launch Launcher.exe manually. - If an .exe file is moved from one folder to another, and the file is blocked, the old path is displayed in the Windows Event and Blocked Applications Logs. - The message may “The event log is full” when creating or importing the Approved List for the first time. - If the user forgets the Administrator password, the only way to recover it is by reinstalling Trend Micro Safe Lock. - Extracting the log archive in the installation folder requires a password. Copy the zip file to another folder to extract it, and leave the password field blank. - The computer must be rebooted after uninstalling Safe Lock to remove the Diagnostic Toolkit. - The Windows Event Log may contain garbled characters even after Safe Lock has been uninstalled. - After uninstallation, the following files are not removed, but can be removed manually: - C:\Windows\Temp\INST_WKMsi.log - C:\Windows\Temp\tmdbg.ini - C:\Windows\Temp\TmDbg32.dll - C:\Windows\Temp\TmDbg64.dll - C:\Windows\Temp\wksptl.ini - Log files: - C:\Documents and Settings\\Local Settings\Application Data\Trend Micro\Trend Micro Safe Lock\*.log - C:\Users\\AppData\LocalLow\trend Micro\Trend Micro Safe Lock\*.log - If the Safe Lock service was stopped before uninstallation, the installation folder must be removed manually. 8. Release History ======================================================================== Trend Micro Safe Lock 1.0 November 30, 2012 9. Contact Information ======================================================================== A license to the Trend Micro software usually includes the right to product updates, pattern file updates, and basic technical support for one (1) year from the date of purchase only. After the first year, Maintenance must be renewed on an annual basis at Trend Micro's then-current Maintenance fees. You can contact Trend Micro via fax, phone, and email, or visit us at: http://www.trendmicro.com 10. About Trend Micro ======================================================================== Trend Micro Incorporated, a global leader in Internet content security and threat management, aims to create a world safe for the exchange of digital information for businesses and consumers. A pioneer in server-based antivirus with over 20 years experience, we deliver top-ranked security that fits our customer's needs, stops new threats faster, and protects data in physical, virtualized and cloud environments. Powered by the Trend Micro Smart Protection Network(TM) infrastructure, our industry-leading cloud-computing security technology and products stop threats where they emerge, on the Internet, and are supported by 1,000+ threat intelligence experts around the globe. For additional information, visit www.trendmicro.com. Copyright 2010-2012, Trend Micro Incorporated. All rights reserved. Trend Micro, the t-ball logo, OfficeScan, and Trend Micro Safe Lock are trademarks of Trend Micro Incorporated and are registered in some jurisdictions. All other marks are the trademarks or registered trademarks of their respective companies. 11. License Agreement ======================================================================== Google Protocol Buffers License Agreement ======================================================================== Copyright 2008, Google Inc. All rights reserved. Redistribution and use of source and binary forms, with or without modification, are permitted provided that the following conditions are met: - Redistributions of source code must retain the above copyright notice, this list of conditions and the disclaimer below. - Redistributions of binary content must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. - Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. *****DISCLAIMER***** THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Code generated by the Protocol Buffer compiler is owned by the owner of the input file used when generating it. This code is not standalone and requires a support library to be linked with it. This support library is itself covered by the above license. zlib License Agreement ===================================================================== Copyright (C) 1995-2004 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Expat XML Parser License Agreement ======================================================================== Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper Copyright (c) 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. *****PERMISSION NOTICE***** THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Gecko SDK License Agreement ======================================================================== Mozilla Public License Version 1.1 1. Definitions. 1.0.1. "Commercial Use": a distribution or otherwise making the Covered Code available to a third party. 1.1. "Contributor": each entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version": the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that articular Contributor. 1.3. "Covered Code": 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": a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. "Executable": Covered Code in any form other than Source Code. 1.6. "Initial Developer": the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. "Larger Work": a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. "License": this Readme file and the information therein. 1.8.1. "Licensable": 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": 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. 1.10. "Original Code": Source Code 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": 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": 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"): 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 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 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 makes Commercial Use of 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. The Modifications which You create or to which You contribute are 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. 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 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 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. 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 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; (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 Netscape Communications Corporation ("Netscape") 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 Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. 6.3. Derivative Works 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 "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" 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 Mozilla Public License and Netscape 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.) 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 declatory 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: (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 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 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. 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 MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. Exhibit A - Mozilla Public License. "The contents of this file are subject to the Mozilla Public License Version 1.1 (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.mozilla.org/MPL/ 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 _______________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved. Contributor(s): ______________________________________. Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."