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- fixed formatting in MySQLEULA.txt
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@@ -1,4 +1,4 @@
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License Agreement for Commercial Use of MySQL[tm] Software
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License Agreement for Commercial Use of MySQL[tm] Software
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This Agreement ("License") is between MySQL AB, a Swedish company
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This Agreement ("License") is between MySQL AB, a Swedish company
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("Licensor"), and the customer ("Licensee") identified on the electronic order
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("Licensor"), and the customer ("Licensee") identified on the electronic order
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@@ -6,7 +6,7 @@ form submitted on behalf of Licensee (the "Order Form"). In consideration of
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the mutual promises, covenants and conditions contained herein, the
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the mutual promises, covenants and conditions contained herein, the
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sufficiency of which is hereby acknowledged, the parties agree as follows.
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sufficiency of which is hereby acknowledged, the parties agree as follows.
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1. License Grant.
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1. License Grant.
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"Licensed Software" means a complete and unchanged copy of the object code
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"Licensed Software" means a complete and unchanged copy of the object code
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version of the MySQL relational database management software identified in the
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version of the MySQL relational database management software identified in the
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Order Form and posted on a special download page of the MySQL AB web site (the
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Order Form and posted on a special download page of the MySQL AB web site (the
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@@ -27,7 +27,7 @@ shall be deemed accepted by Licensee immediately upon download. Licensee may
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make one additional copy of each Licensed Copy for backup and archival
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make one additional copy of each Licensed Copy for backup and archival
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purposes only.
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purposes only.
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2. Transfer.
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2. Transfer.
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Only after Licensee has linked or compiled a Licensed Copy as permitted in
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Only after Licensee has linked or compiled a Licensed Copy as permitted in
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Section 1, Licensee may transfer to a third party (the "Transferee") the right
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Section 1, Licensee may transfer to a third party (the "Transferee") the right
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to use such copy as described in Section 1. As a condition to any such
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to use such copy as described in Section 1. As a condition to any such
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@@ -42,7 +42,7 @@ described in Section 1. If you did not purchase this License directly from
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MySQL AB, then you are a Transferee. Licensee and any Transferee must comply
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MySQL AB, then you are a Transferee. Licensee and any Transferee must comply
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with all applicable export laws and regulations.
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with all applicable export laws and regulations.
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3. Restrictions.
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3. Restrictions.
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Licensee may use the Licensed Software only as expressly provided in Section
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Licensee may use the Licensed Software only as expressly provided in Section
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1. Without limiting the foregoing, Licensee shall not: (a) lease, license,
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1. Without limiting the foregoing, Licensee shall not: (a) lease, license,
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use, make available, distribute or modify all or any part of the Licensed
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use, make available, distribute or modify all or any part of the Licensed
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@@ -60,7 +60,7 @@ in the Licensed Software. Except as otherwise provided in Section 2, the
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rights granted to Licensee herein are rights that may be exercised solely by
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rights granted to Licensee herein are rights that may be exercised solely by
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Licensee.
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Licensee.
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4. Price and payment.
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4. Price and payment.
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No later than thirty (30) days after submission of the Order Form, Licensee
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No later than thirty (30) days after submission of the Order Form, Licensee
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shall remit one non-refundable license fee per Licensed Copy as posted on
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shall remit one non-refundable license fee per Licensed Copy as posted on
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http://order.mysql.com on the date Licensee submitted the Order Form (the
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http://order.mysql.com on the date Licensee submitted the Order Form (the
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@@ -71,7 +71,7 @@ with this License, other than taxes based upon Licensor's net income. Licensee
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shall not be permitted to access the Download Page until Licensor has received
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shall not be permitted to access the Download Page until Licensor has received
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payment in full.
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payment in full.
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5. Termination.
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5. Termination.
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Licensor may terminate this License immediately if the Licensee shall breach
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Licensor may terminate this License immediately if the Licensee shall breach
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any of the provisions of this License and such breach remains uncured 30 days
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any of the provisions of this License and such breach remains uncured 30 days
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after receipt of notice. In the event that Licensee becomes liquidated,
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after receipt of notice. In the event that Licensee becomes liquidated,
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@@ -84,7 +84,7 @@ destroy all copies of the Licensed Software, including (without limitation) as
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linked or compiled in any Integrated Product. Sections 4 through 10 shall
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linked or compiled in any Integrated Product. Sections 4 through 10 shall
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survive the termination of this License for any reason.
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survive the termination of this License for any reason.
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6. Proprietary Rights.
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6. Proprietary Rights.
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Licensee agrees that the copyright, patent, trade secrets and all other
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Licensee agrees that the copyright, patent, trade secrets and all other
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intellectual proprietary rights of whatever nature in the Licensed Software
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intellectual proprietary rights of whatever nature in the Licensed Software
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and related documentation, including derivative works, are and shall remain
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and related documentation, including derivative works, are and shall remain
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@@ -96,7 +96,7 @@ used by Licensee without Licensor's express written authorization. Licensee
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shall include in the Integrated Products a conspicuous notice that the
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shall include in the Integrated Products a conspicuous notice that the
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Integrated Products include software whose copyright is owned by MySQL AB.
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Integrated Products include software whose copyright is owned by MySQL AB.
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7. Disclaimer of Warranties.
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7. Disclaimer of Warranties.
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THE LICENSED SOFTWARE IS LICENSED "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER.
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THE LICENSED SOFTWARE IS LICENSED "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER.
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LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE EXPRESSLY WAIVES, ALL WARRANTIES,
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LICENSOR EXPRESSLY DISCLAIMS, AND LICENSEE EXPRESSLY WAIVES, ALL WARRANTIES,
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WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS
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WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS
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@@ -112,7 +112,7 @@ construction, maintenance, control or direct operation of nuclear facilities,
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aircraft navigation, control or communication systems, weapons systems or
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aircraft navigation, control or communication systems, weapons systems or
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direct life support systems.
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direct life support systems.
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8. Indemnification.
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8. Indemnification.
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Licensee hereby indemnifies and agrees to defend Licensor against any and all
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Licensee hereby indemnifies and agrees to defend Licensor against any and all
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damages, judgments and costs (including reasonable attorneys' fees) related to
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damages, judgments and costs (including reasonable attorneys' fees) related to
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any claim based upon: (a) an allegation that the Licensee Application
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any claim based upon: (a) an allegation that the Licensee Application
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@@ -126,7 +126,7 @@ changes made, or actions taken, by Licensor upon Licensee's direct
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instructions; or (f) bodily injury, property damage or any other damage or
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instructions; or (f) bodily injury, property damage or any other damage or
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injury due to the use or inability to use an Integrated Product.
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injury due to the use or inability to use an Integrated Product.
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9. Limitation of Liability.
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9. Limitation of Liability.
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LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
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LICENSOR SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS
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AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT,
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AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT,
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INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST
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INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) ANY LOST
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@@ -143,9 +143,9 @@ AUTHORIZED BY APPLICABLE LAWS. THE LICENSE FEES ARE SET IN RELIANCE UPON THIS
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ALLOCATION OF RISK AND THE EXCLUSION OF CERTAIN DAMAGES AS SET FORTH IN THIS
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ALLOCATION OF RISK AND THE EXCLUSION OF CERTAIN DAMAGES AS SET FORTH IN THIS
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AGREEMENT.
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AGREEMENT.
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10. Miscellaneous.
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10. Miscellaneous.
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10.1 Interpretation.
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10.1 Interpretation.
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Failure by Licensor to exercise any right or remedy does not signify
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Failure by Licensor to exercise any right or remedy does not signify
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acceptance of the event giving rise to such right or remedy. No action arising
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acceptance of the event giving rise to such right or remedy. No action arising
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out of this License may be brought by Licensee more than one year after the
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out of this License may be brought by Licensee more than one year after the
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@@ -178,7 +178,7 @@ License. The parties are, and shall remain, independent contractors; nothing
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in this License is designed to create, nor shall create between them, a
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in this License is designed to create, nor shall create between them, a
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partnership, joint venture, agency, or employment relationship.
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partnership, joint venture, agency, or employment relationship.
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10.3 Governing Law; Dispute Forum.
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10.3 Governing Law; Dispute Forum.
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If Licensee's residence, principal place of business or place of organization
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If Licensee's residence, principal place of business or place of organization
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is in the United States of America ("USA"), then this License shall be deemed
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is in the United States of America ("USA"), then this License shall be deemed
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to have been executed in the USA and shall be governed by the laws of the
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to have been executed in the USA and shall be governed by the laws of the
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@@ -213,7 +213,7 @@ Licensee shall be responsible for Licensor's attorneys fees and other expenses
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associated with the enforcement of this License or the collection of any
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associated with the enforcement of this License or the collection of any
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amounts due under this License.
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amounts due under this License.
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10.4 Notice.
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10.4 Notice.
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Unless otherwise agreed, any notice under this License shall be delivered and
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Unless otherwise agreed, any notice under this License shall be delivered and
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addressed to Licensee at the address set forth on the Order Form, and to
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addressed to Licensee at the address set forth on the Order Form, and to
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Licensor at Bangardsgatan 8, 753 20, Uppsala, Sweden. Notice shall be deemed
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Licensor at Bangardsgatan 8, 753 20, Uppsala, Sweden. Notice shall be deemed
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@@ -226,7 +226,7 @@ international courier. Either party may change its address for notice
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purposes upon notice in accordance with this Section. Licensor may identify
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purposes upon notice in accordance with this Section. Licensor may identify
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Licensee as a commercial licensee, including on the MySQL web site.
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Licensee as a commercial licensee, including on the MySQL web site.
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10.5 GPL.
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10.5 GPL.
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The GPL License shall continue to apply to any and all uses and distributions
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The GPL License shall continue to apply to any and all uses and distributions
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of the Licensed Software undertaken by Licensee either prior to the Effective
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of the Licensed Software undertaken by Licensee either prior to the Effective
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Date, after termination, or otherwise outside the scope of this License. This
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Date, after termination, or otherwise outside the scope of this License. This
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@@ -234,7 +234,7 @@ Agreement shall not be deemed to replace or otherwise amend any Licensee
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rights or obligations pursuant to the GPL License with respect to any uses of
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rights or obligations pursuant to the GPL License with respect to any uses of
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the Licensed Software described in the preceding sentence.
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the Licensed Software described in the preceding sentence.
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10.6 Entire Agreement.
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10.6 Entire Agreement.
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This Agreement (including the Order Form and the invoice) comprises the entire
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This Agreement (including the Order Form and the invoice) comprises the entire
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agreement, and supercedes and merges all prior proposals, understandings and
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agreement, and supercedes and merges all prior proposals, understandings and
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agreements, oral and written, between the parties relating to the subject
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agreements, oral and written, between the parties relating to the subject
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@@ -247,6 +247,6 @@ in any way in conflict or inconsistent with, or in addition to, this License,
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unless such terms are separately and specifically accepted in writing by an
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unless such terms are separately and specifically accepted in writing by an
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authorized officer of Licensor.
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authorized officer of Licensor.
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10.7 Print this License.
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10.7 Print this License.
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For record keeping purposes, we encourage Licensee to print this License and
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For record keeping purposes, we encourage Licensee to print this License and
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the Order Form on the date that the Order Form is submitted.
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the Order Form on the date that the Order Form is submitted.
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