Flash2XML PUBLIC LICENSE Version 1.0 1. Definitions This license is a union of the following two parts that should be found as text files in the same place (directory), in the order of preeminence: [1] This file itself, named fpl.txt [2] The contents of the file opl.txt, stating the general licensing policy of the software. 2. Precedence of the license parts In case of conflicting dispositions in the parts of this license, the terms of the lower-numbered part will always be superseded by the terms of the higher numbered part. 3. Tivano Software GmbH is License Author For the purposes of this License the "License Author" defined in section 1.13 of OPL.html shall be Tivano Software GmbH, 63263 Neu-Isenburg, Germany (http://www.tivano.de) 4. Section 11 of the OPL.html: 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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 5. Exhibit A "The contents of this file are subject to the Flash2XML 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 on the Flash2XML web site (http://www.tivano.de/software/spark/). 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 terms governing rights and limitations under the License. The Initial Developer of Flash2XML is Tivano Software GmbH The original Flash2XML and portions created by Tivano Software GmbH are Copyright Tivano Software GmbH. All Rights Reserved. Contributor(s): ______________________________________. " 6. Exhibit B Part of the software embedded in this product is Flash2XML Portions created by Tivano are Copyright 2001 Tivano Software GmbH ([29]http://www.tivano.de). All Rights Reserved. THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY TIVANO 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 AUTHOR 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. 8. Section 1.10 of OPL The following shall be added to section 1.10: "Original Code" shall include, but is not limited to, all the files in the Java package "de.tivano.flash" and its subpackages. 9. Section 3.2 of OPL 1.0 As used in section 3.2 of the OPL "Contact Means" shall mean the email address flash2xml@tivano.de