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Third Party Code License README This Readme file contains license information and notices related to certain Third Party Code contained in this product. |
Mozilla Firefox Browser Information:
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MOZILLA PUBLIC LICENSE
Version 1.1
---------------
1. Definitions.
1.0.1. "Commercial Use" means distribution
or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that
creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the
combination of the Original
Code, prior Modifications used by a Contributor, and
the Modifications
made by that particular Contributor.
1.3. "Covered Code" means 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"
means a mechanism generally
accepted in the software development community for the
electronic
transfer of data.
1.5. "Executable" means Covered Code in any
form other than Source
Code.
1.6. "Initial Developer" means the
individual or entity identified
as the Initial Developer in the Source Code notice
required by Exhibit
A.
1.7. "Larger Work" means a work which
combines Covered Code or
portions thereof with code not governed by the terms
of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means 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" means 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" means 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" means 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" means 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")
means 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 Section 3.1-3.5 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; and (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 NPL 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."
[NOTE: The text of this Exhibit A may differ slightly
from the text of
the notices in the Source Code files of the Original
Code. You should
use the text of this Exhibit A rather than the text
found in the
Original Code Source Code for Your Modifications.]
----------------------------------------------------------------------
AMENDMENTS
The Netscape Public License Version 1.1
("NPL") consists of the
Mozilla Public License Version 1.1 with the following
Amendments,
including Exhibit A-Netscape Public License.
Files identified with
"Exhibit A-Netscape Public License" are
governed by the Netscape
Public License Version 1.1.
Additional Terms applicable to the Netscape Public
License.
I. Effect.
These additional terms
described in this Netscape Public
License -- Amendments
shall apply to the Mozilla Communicator
client code and to all
Covered Code under this License.
II. "Netscape's
Branded Code" means Covered Code that Netscape
distributes and/or
permits others to distribute under one or more
trademark(s) which are
controlled by Netscape but which are not
licensed for use under
this License.
III. Netscape and logo.
This License does not
grant any rights to use the trademarks
"Netscape",
the "Netscape N and horizon" logo or the "Netscape
lighthouse" logo,
"Netcenter", "Gecko", "Java" or
"JavaScript",
"Smart
Browsing" even if such marks are included in the Original
Code or Modifications.
IV. Inability to Comply
Due to Contractual Obligation.
Prior to licensing the
Original Code under this License, Netscape
has licensed third party
code for use in Netscape's Branded Code.
To the extent that
Netscape is limited contractually from making
such third party code
available under this License, Netscape may
choose to reintegrate
such code into Covered Code without being
required to distribute
such code in Source Code form, even if
such code would
otherwise be considered "Modifications" under
this License.
V. Use of Modifications
and Covered Code by Initial Developer.
V.1. In General.
The obligations of Section 3 apply to Netscape, except to
the extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products.
Netscape may include Covered Code in products other than the
Netscape's Branded Code which are released by Netscape
during the two (2) years following the release date of the
Original Code, without such additional products becoming
subject to the terms of this License, and may license such
additional products on different terms from those
contained
in this License.
V.3. Alternative Licensing.
Netscape may license the Source Code of Netscape's Branded
Code, including Modifications incorporated therein, without
such Netscape Branded Code becoming subject to the terms of
this License, and may license such Netscape Branded Code on
different terms from those contained in this License.
VI. Litigation.
Notwithstanding the
limitations of Section 11 above, the
provisions regarding
litigation in Section 11(a), (b) and (c) of
the License shall apply
to all disputes relating to this License.
EXHIBIT A-Netscape Public License.
"The contents of
this file are subject to the Netscape 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/NPL/
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
Mozilla Communicator client code, released
March 31, 1998.
The Initial Developer of
the Original Code is Netscape
Communications
Corporation. Portions created by Netscape are
Copyright (C) 1998-1999
Netscape Communications Corporation. 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 NPL, 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 NPL or the
[___] License."
ADOBE SYSTEMS INCORPORATED ADOBE® READER® SOFTWARE LICENSE AGREEMENT NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE ADOBE READER SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE. |
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Adobe and its suppliers own all
intellectual property in the Software. Adobe permits you to Use the Software
only in accordance with the terms of this Agreement. Use of some third party
materials included in the Software may be subject to other terms and
conditions typically found in a separate license agreement or "Read
Me" file located near such materials. 1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Adobe. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated. 2. Software License. As long as you comply with the terms of this Software
License Agreement (this "Agreement"), Adobe grants to you a
non-exclusive license to Use the Software for the purposes described in the
Documentation. 3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers. 4. Restrictions. 5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Adobe may have to support the previous versions of the Software may be ended upon availability of the Update. 6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement. 7. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Adobe's Customer Support Department. 8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement. 9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) Ireland, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of Ireland, when the law of Ireland applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 11. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement. 12. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Adobe. 13. Specific Exceptions. If you have any questions regarding this Agreement or if you wish to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving your jurisdiction. Adobe and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. Reader_WWEULA_English_04.14.03 |
Embedded
version of IBM WEBSPHERE APPLICATION SERVER - Express, v. 5.1
====================================================================
THIRD PARTY LICENSE TERMS AND CONDITIONS, NOTICES AND INFORMATION
The license agreement for this product refers you to this file for details
concerning terms and conditions applicable to third party software code
included in this product, and for certain notices and other information IBM
must provide to you under its license to certain software code. The relevant
terms and conditions, notices and other information are provided or
referenced below. Please note that any non-English version of the
licenses below is unofficial and is provided to you for your convenience
only. The English version of the licenses below, provided as part of the
English version of this file, is the official version.
Notwithstanding the terms and conditions of any other agreement you may have
with IBM or any of its related or affiliated entities (collectively
"IBM"), the third party software code identified below are
"Excluded Components" and are subject to the following terms and
conditions:
* the Excluded Components are
provided on an "AS IS" basis;
* IBM DISCLAIMS ANY AND ALL
EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE EXCLUDED
COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT OR
INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE;
* IBM will not be liable to
you or indemnify you for any claims related to the Excluded Components; and
* IBM will not be liable for
any direct, indirect, incidental, special, exemplary, punitive or consequential
damages with respect to the Excluded Components.
====================================================================
APACHE SOAP CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org). The portions of the
Program which are based on software developed by The Apache Software Foundation
are Copyright (c) 2000 The Apache Software Foundation. All rights
reserved. IBM obtained the Apache SOAP software under the terms and conditions
of the following license from The Apache Software Foundation:
/*
* The Apache Software License, Version 1.1
*
*
* Copyright (c) 2000 The Apache Software Foundation. All rights
reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment: "This product includes
software developed by the Apache Software Foundation
(http://www.apache.org/)." Alternately, this acknowledgment may
appear in the software itself, if and wherever such third-party acknowledgments
normally appear.
*
* 4. The names "SOAP" and "Apache Software
Foundation" must not be used to endorse or promote products derived from
this software without prior written permission. For written permission, please
contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache", nor may "Apache" appear in their name, without
prior written permission of the Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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
APACHE SOFTWARE FOUNDATION OR ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation and was originally
based on software copyright (c) 2000, International Business Machines, Inc.,
http://www.apache.org. For more information on the Apache Software Foundation,
please see
* <http://www.apache.org/>.
*/
======================================================================
JACL 1.2.6: This product includes Jacl 1.2.6, consisting of the
<was_install_root>\lib\jacl.jar and <was_install_root>\lib\tcljava.jar.
IBM obtained this software code under the terms and conditions reproduced
below, and the Jacl software is provided to you under these terms and
conditions and not the International Program License Agreement. IBM
believes that this software code was modified from the copy originally released
by Sun Microsystems, Inc., both by IBM and by prior authors.
1) Sun Microsystems License
License Terms and Conditions
SUN MICROSYSTEMS, INC. THROUGH ITS SUN MICROSYSTEMS LABORATORIES DIVISION
("SUN") WILL LICENSE THIS SOFTWARE AND THE ACCOMPANYING DOCUMENTATION
TO YOU (a "Licensee") ONLY ON YOUR ACCEPTANCE OF ALL THE TERMS
SET FORTH BELOW.
Sun grants Licensee a non-exclusive, royalty-free right to download, install,
compile, use, copy and distribute the Software, modify or otherwise create
derivative works from the Software (each, a "Modification") and
distribute any Modification in source code and/or binary code form to its
customers with a license agreement containing these terms and noting that the
Software has been modified. The Software is copyrighted by Sun and other third
parties and Licensee shall retain and reproduce all copyright and other notices
presently on the Software. As between Sun and Licensee, Sun is the sole
owner of all rights in and to the Software other than the limited rights
granted to Licensee herein; Licensee will own its Modifications, expressly
subject to Sun's continuing ownership of the
Software. Licensee will, at its expense, defend and indemnify Sun and its
licensors from and against any third party claims, including costs and
reasonable attorneys' fees, and be wholly responsible for any liabilities
arising out of or related to Licensee's development, use or distribution of the
Software or Modifications. Any distribution of the Software and Modifications
must comply with all applicable United States export control laws.
THE SOFTWARE IS BEING PROVIDED TO LICENSEE "AS IS" AND ALL EXPRESS OR
IMPLIED CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE
DISCLAIMED. IN NO EVENT WILL SUN BE LIABLE HEREUNDER FOR ANY DIRECT DAMAGES OR
ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY
KIND.
**************************************
2) OROMatcher License (Daniel Savarese License)
License
-------
Daniel Savarese, hereinafter referred to as Licensor, grants Jacl users,
hereinafter referred to as Licensee, a non-exclusive, non-transferable limited
license to use the OROMatcher Java class package (Licensed Software) in
conjunction with Jacl (Java Command Language) software. There is no fee
for this license. This license shall remain in effect so long as Jacl
remains a free technology (i.e., so long as no fee is charged for the use of
Jacl).
The Licensed Software comprises any version of the OROMatcher Java class
package in object code form (Java .class files) with a major revision number
less than 2.
Licensee may use and redistribute the Licensed Software as follows:
1. Licensee may reproduce and redistribute the Licensed Software in
object code form only (Java .class files) and only when incorporated into the
Jacl software product.
2. Licensee must include this license with the Jacl software product so
long as Jacl continues to incorporate the Licensed Software.
3. Licensee may not make direct use of OROMatcher APIs except when
implementing Jacl regular expression functions. All further use of
OROMatcher must be indirect, through the Jacl regular expression
interface. If Licensee desires to make direct use of OROMatcher APIs in
Java programs, Licensee must separately obtain OROMatcher from Daniel Savarese
at http://www.oroinc.com/ or http://www.savarese.org/.
4. Except as permitted by this License, Licensee may not decompile,
reverse engineer, disassemble, modify, rent, lease, loan, distribute, create
derivative works from the Licensed Software or transmit the Licensed Software
over a network.
LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE
LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY
LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE
OR ITS DERIVATIVES. THE LICENSED SOFTWARE IS NOT DESIGNED FOR USE IN HIGH RISK
ACTIVITIES REQUIRING FAIL-SAFE PERFORMANCE. ORO DISCLAIMS ANY EXPRESS OR
IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
**********************************
3) University of California License
Portions of Jacl and Tcl Blend are
Copyright (c) 1997-1999 The Regents of the University of California.
All rights reserved.
Permission is hereby granted, without written agreement and without license or
royalty fees, to use, copy, modify, and distribute this software and its
documentation for any purpose, provided that the above copyright notice and the
following two paragraphs appear in all copies of this software.
IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF
CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS"
BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATION TO PROVIDE
MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
=====================================================================
APACHE JASPER CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org). The portions of the
Program which are based on software developed by The Apache Software Foundation
are Copyright (c) 2000 The Apache Software Foundation. All rights
reserved. IBM obtained the Apache Jasper software under the terms and
conditions of the following license from The Apache Software Foundation:
The Apache Software License, Version
1.1
*
Copyright (c) 2000 The Apache Software Foundation. All rights
reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met: *
*
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following
disclaimer. *
*
*
* 2. Redistributions in binary form 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. *
*
*
* 3. The end-user documentation included with the
redistribution, if any, must include the following
acknowledgment:
*
*
*
* "This product includes
software developed by the Apache Software Foundation
<http://www.apache.org/>."
*
*
*
* Alternately, this acknowledgment may appear in the
software itself, if and wherever such third-party acknowledgments normally
appear. *
*
*
* 4. The names "Apache"and "Apache Software
Foundation" must not be used to endorse or promote
products derived from this software without prior
written permission. For written permission, please contact
<apache@apache.org>.
*
*
*
* 5. Products derived from this software may not be called
"Apache" nor may "Apache" appear in their names without
prior written permission of the Apache Software
Foundation.
*
*
* THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION
OR ITS 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.
*
*
* ===================================================================== *
*
*
* This software consists of voluntary contributions
made by many individuals on behalf of the Apache Software
Foundation. For more information on the Apache Software Foundation, please
see <http://www.apache.org/>. *
*
*
* =====================================================================
=====================================================================
APACHE XALAN CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org) as part of the "Xalan"
project. The portions of the Program which are based on software
developed by The Apache Software Foundation are Copyright (c) 1999 The Apache
Software Foundation. All rights reserved. IBM obtained the Apache Xalan
software under the terms and conditions of the following license from The
Apache Software Foundation:
* The Apache Software License, Version 1.1
*
* Copyright (c) 1999 The Apache Software Foundation. All rights
reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:
* "This product includes
software developed by the Apache Software Foundation
(http://www.apache.org/)." Alternately, this acknowledgment may
appear in the software itself, if and wherever such third-party acknowledgments
normally appear.
*
* 4. The names "Xalan" and "Apache Software
Foundation" must not be used to endorse or promote products derived from
this software without prior written permission. For written permission, please
contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache", nor may "Apache" appear in their name, without
prior written permission of the Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation and was originally
based on software copyright (c) 1999, Lotus Development Corporation.,
http://www.lotus.com. For more information on the Apache Software
Foundation, please see <http://www.apache.org/>.
*/=====================================================================
APACHE XERCES CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org) as part of the "Xerces"
project. The portions of the Program which are based on software
developed by The Apache Software Foundation are Copyright (c) 1999 The Apache
Software Foundation. All rights reserved. IBM obtained the Apache Xerces
software under the terms and conditions of the following license from The
Apache Software Foundation:
The Apache Software License, Version 1.1
*
*
* Copyright (c) 1999 The Apache Software Foundation. All rights
reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:
* "This product includes
software developed by the Apache Software Foundation
(http://www.apache.org/)." Alternately, this acknowledgment may
appear in the software itself, if and wherever such third-party acknowledgments
normally appear.
*
* 4. The names "Xerces" and "Apache Software
Foundation" must not be used to endorse or promote products derived from
this software without prior written permission. For written permission, please
contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache", nor may "Apache" appear in their name, without
prior written permission of the Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS 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.
*
* This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation and was originally
based on software copyright (c) 1999, International Business Machines, Inc.,
http://www.ibm.com. For more information on the Apache Software
Foundation, please see <http://www.apache.org/>.
=====================================================================
W3C SOFTWARE: The Xalan,Xerces and B2B XML software included with the Program
includes software based on software developed by the World Wide Web Consortium
(Massachusetts Institute of Technology, Institut National de Recherche en
Informatique et en Automatique, Keio University). IBM did not modify this
software. IBM believes this software was obtained under the terms and
conditions of the following license:
W3C® SOFTWARE NOTICE AND LICENSE
Copyright © 1994-2000 World Wide Web Consortium, (Massachusetts Institute of
Technology, Institut National de
Recherche en Informatique et en Automatique, Keio University). All Rights
Reserved. http://www.w3.org/Consortium/Legal/
This W3C work (including software, documents, or other related items) is being
provided by the copyright holders under the following license. By obtaining,
using and/or copying this work, you (the licensee) agree that you have read,
understood, and will comply with the following terms and conditions:
Permission to use, copy, modify, and distribute this software and its
documentation, with or without modification, for any purpose and without
fee or royalty is hereby granted, provided that you include the following on
ALL copies of the software and documentation or portions thereof, including
modifications, that you make:
1.The full text of this NOTICE in a location viewable to users of
the redistributed or derivative work.
2.Any pre-existing intellectual property disclaimers, notices, or
terms and conditions. If none exist, a short notice of the following form
(hypertext is preferred, text is permitted) should be used within the body of
any redistributed or derivative code: "Copyright © [$date-of-software]
World Wide Web Consortium, (Massachusetts Institute of Technology, Institut
National de Recherche en Informatique et en Automatique, Keio University). All
Rights Reserved. http://www.w3.org/Consortium/Legal/"
3.Notice of any changes or modifications to the W3C files,
including the date changes were made. (We recommend you provide URIs to the
location from which the code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT
HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY
THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or
publicity pertaining to the software without specific, written prior
permission. Title to copyright in this software and any associated
documentation will at all times remain with copyright holders.
================================================
Mozilla Rhino Scripting Engine. The Program includes the Mozilla Rhino
Scripting Engine, which is provided to you in binary code form under the terms
of the Program's license. IBM did not modify this software, and the source code
for this software is available from the Mozilla Project (www.mozilla.org) under
the terms and conditions of the following license:
AMENDMENTS
The Netscape Public License Version 1.1 ("NPL") consists of the
Mozilla Public License Version 1.1 with the following Amendments, including
Exhibit A-Netscape Public License. Files identified with "Exhibit
A-Netscape Public License" are governed by the Netscape Public License
Version
1.1.
Additional Terms applicable to the Netscape Public License.
I. Effect.
These additional terms described in this Netscape
Public License -- Amendments shall apply to the Mozilla Communicator client
code and to all Covered Code under this License.
II. ''Netscape's Branded Code'' means Covered Code
that Netscape distributes and/or permits others to distribute under one or more
trademark(s) which are controlled by Netscape but which are not licensed for
use under this License.
III. Netscape and logo.
This License does not grant any rights to use the
trademarks "Netscape'', the "Netscape N and horizon'' logo or the
"Netscape lighthouse" logo, "Netcenter", "Gecko",
"Java" or "JavaScript", "Smart Browsing" even if
such marks are included in the Original Code or Modifications.
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this
License, Netscape has licensed third party code for use in Netscape's Branded
Code. To the extent that Netscape is limited contractually from making such
third party code available under this License, Netscape may choose to
reintegrate such code into Covered Code without being required to distribute
such code in Source Code form, even if such code would otherwise be considered
''Modifications'' under this License.
V. Use of Modifications and Covered Code by Initial
Developer.
V.1. In General.
The obligations of
Section 3 apply to Netscape, except to the extent specified in this Amendment,
Section V.2 and V.3.
V.2. Other Products.
Netscape may include
Covered Code in products other than the Netscape's Branded Code which are
released by Netscape during the two (2) years following the release date of the
Original Code, without such additional products becoming subject to the terms
of this License, and may license such additional products on different terms
from those contained in this License.
V.3. Alternative
Licensing.
Netscape may license the
Source Code of Netscape's Branded Code, including Modifications incorporated
therein, without such Netscape Branded Code becoming subject to the terms of
this License, and may license such Netscape Branded Code on different terms
from those contained in this License.
VI. Litigation.
Notwithstanding the limitations of Section 11 above,
the provisions regarding litigation in Section 11(a), (b) and (c) of the
License shall apply to all disputes relating to this License.
EXHIBIT A-Netscape Public License.
''The contents of this file are subject to the
Netscape 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/NPL/
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 Mozilla Communicator client code,
released March 31, 1998.
The Initial Developer of the Original Code is Netscape
Communications Corporation. Portions created by Netscape are Copyright (C)
1998-1999 Netscape Communications Corporation. 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 NPL, 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 NPL or the [___] License."
MOZILLA PUBLIC LICENSE
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution
or otherwise making the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or
contributes to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of
the Original Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. ''Covered Code'' means 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'' means a
mechanism generally accepted in the software development community for the
electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form
other than Source Code.
1.6. ''Initial Developer'' means the individual or
entity identified as the Initial Developer in the Source Code notice required
by Exhibit A.
1.7. ''Larger Work'' means a work which combines
Covered Code or portions thereof with code not governed by the terms of this
License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means 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'' means 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'' means 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" means 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'' means 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") means 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 Section 3.1-3.5 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; and (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 NPL 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."
[NOTE: The text of this Exhibit A may differ slightly
from the text of the notices in the Source Code files of the Original Code. You
should use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
===========================================
BEAN SCRIPTING FRAMEWORK: The Program is accompanied by Bean Scripting
Framework software, which is provided to you in object code form under the
terms and conditions of the Program license, which terms are offered by IBM
alone. This source code version of this software is available for download at
<http://oss.software.ibm.com/developerworks/opensource/> under the terms
and conditions of the following license (which contains substantially different
terms from those of the Program):
IBM Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of International Business Machines
Corporation ("IBM"), the Original Program, and
b) in the case of each Contributor,
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the
Program originate from and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which:
(i) are separate modules of software
distributed in conjunction with the Program under their own license agreement,
and (ii) are not derivative works of the Program.
"Contributor" means IBM and any other entity that distributes
the Program.
"Licensed Patents " mean patent claims licensable by a
Contributor which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by IBM, including source code, object
code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement,
each Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, distribute and sublicense the Contribution
of such Contributor, if any, and such derivative works, in source code and
object code form.
b) Subject to the terms of this Agreement,
each Contributor hereby grants Recipient a non-exclusive, worldwide,
royalty-free patent license under Licensed Patents to make, use, sell, offer to
sell, import and otherwise transfer the Contribution of such Contributor, if
any, in source code and object code form. This patent license shall apply to
the combination of the Contribution and the Program if, at the time the
Contribution is added by the Contributor, such addition of the Contribution
causes such combination to be covered by the Licensed Patents. The patent
license shall not apply to any other combinations which include the
Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although
each Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by any
other entity based on infringement of intellectual property rights or otherwise.
As a condition to exercising the rights and licenses granted hereunder, each
Recipient hereby assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent license is
required to allow Recipient to distribute the Program, it is Recipient's
responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its
knowledge it has sufficient copyright rights in its Contribution, if any, to
grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a) it complies with the terms and
conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all
Contributors all warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and implied warranties or
conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all
Contributors all liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) states that any provisions which
differ from this Agreement are offered by that Contributor alone and not by any
other party; and
iv) states that source code for the
Program is available from such Contributor, and informs licensees how to obtain
it in a reasonable manner on or through a medium customarily used for software
exchange.
When the Program is made available in source code form:
a) it must be made available under this
Agreement; and
b) a copy of this Agreement must be
included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in
the Program:
Copyright © {date here}, International
Business Machines Corporation and others. All Rights Reserved.
In addition, each Contributor must identify itself as the originator of
its Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this license
is intended to facilitate the commercial use of the Program, the Contributor
who includes the Program in a commercial product offering should do so in a
manner which does not create potential
liability for other Contributors. Therefore, if a Contributor includes
the Program in a commercial product offering, such Contributor
("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any
losses, damages and costs (collectively "Losses") arising from
claims, lawsuits and other legal actions brought by a third party against the
Indemnified Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the Program in a
commercial product offering. The obligations in this section do not apply to
any claims or Losses relating to any actual or alleged intellectual property
infringement. In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Contributor in writing of such claim, and b) allow the
Commercial Contributor to control, and cooperate with the Commercial Contributor
in, the defense and any related settlement negotiations. The Indemnified
Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial Contributor.
If that Commercial Contributor then makes performance claims, or offers
warranties related to Product X, those performance claims and warranties are
such Commercial Contributor's
responsibility alone. Under this section, the Commercial Contributor
would have to defend claims against the other Contributors related to those
performance claims and warranties, and if a court requires any other
Contributor to pay any damages as a result, the Commercial Contributor must pay
those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all risks
associated with its exercise of rights under this Agreement, including but not
limited to the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this Agreement, and without further action by the
parties hereto, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as of the
date such litigation is filed. In addition, If Recipient institutes patent litigation
against any entity (including a cross-claim or counterclaim in a lawsuit)
alleging that the Program itself (excluding combinations of the Program with
other software or hardware) infringes such Recipient's patent(s), then such
Recipient's rights granted under Section 2(b) shall terminate as of the date
such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails
to comply with any of the material terms or conditions of this Agreement and
does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If all Recipient's rights under this Agreement
terminate, Recipient agrees to cease use and distribution of the Program
as soon as reasonably practicable. However, Recipient's obligations under this
Agreement and any licenses granted by Recipient relating to the Program shall
continue and survive.
IBM may publish new versions (including revisions) of this Agreement
from time to time. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions) may always
be distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its Contributions)
under the new version. No one other than IBM has the right to modify this
Agreement. Except as expressly stated in Sections 2(a) and 2(b) above,
Recipient receives no rights or licenses to the intellectual property of any
Contributor under this Agreement, whether expressly, by
implication, estoppel or otherwise. All rights in the Program not expressly
granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.
===========================================
Portions of this software are copyrighted by DataDirect Technologies,
1991-2002."
===========================================
APACHE WEB SERVICES INVOCATION FRAMEWORK CODE (WSIF). The Program
includes software developed by The Apache Software Foundation
(http://www.apache.org). The portions of the Program which are based on
software developed by The Apache Software Foundation are Copyright (c) 2002 The
Apache Software Foundation. All rights reserved. IBM obtained the Apache
WSIF software under the terms and conditions of the following license from The
Apache Software Foundation:
/*
* The Apache Software License, Version 1.1
*
*
* Copyright (c) 2002 The Apache Software Foundation. All
rights reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment:
* "This product includes
software developed by the
* Apache Software Foundation
(http://www.apache.org/)."
* Alternately, this acknowledgment may appear in the
software itself, if and wherever such third-party acknowledgments normally
appear.
*
* 4. The names "WSIF" and "Apache Software
Foundation" must not be used to endorse or promote products derived from
this software without prior written permission. For written permission, please
contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache", nor may "Apache" appear in their name, without
prior written permission of the Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation and was originally
based on software copyright (c) 2001, 2002, International
* Business Machines, Inc., http://www.apache.org. For more
information on the Apache Software Foundation, please see
<http://www.apache.org/>
==============================================
WEB SERVICES DESCRIPTION LANGUAGE FOR JAVA TOOLKIT (WSDL4J): The Program
is accompanied by Web Services Description Language for Java Toolkit software,
which is provided to you in object code form under the terms and conditions of
the Program license, which terms are offered by IBM alone. This source code
version of this software is available for download at
http://www-124.ibm.com/developerworks/projects/wsdl4j/ under the terms
and conditions of the following license (which contains substantially different
terms from those of the Program):
Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial
code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program
originate from and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which: (i) are separate
modules of software distributed in conjunction with the Program under their own
license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the
Program.
"Licensed Patents " mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution alone or
when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free
copyright license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and object code
form.
b) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free
patent license under Licensed Patents to make, use, sell, offer to sell, import
and otherwise transfer the Contribution of such Contributor, if any, in source
code and object code form. This patent license shall apply to
the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed Patents. The
patent license shall not apply to any other combinations which include the
Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each
Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by any
other entity based on infringement of intellectual property rights or
otherwise. As a condition to exercising the rights and licenses granted
hereunder, each Recipient hereby assumes sole responsibility to secure any
other intellectual property rights needed, if any. For example, if a third
party patent license is required to allow Recipient to distribute the Program,
it is Recipient's responsibility to acquire that license before distributing
the Program.
d) Each Contributor represents that to its knowledge
it has sufficient copyright rights in its Contribution, if any, to grant the
copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under
its own license agreement, provided that:
a) it complies with the terms and conditions of this
Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors
all warranties and conditions, express and implied, including warranties or
conditions of title and non-infringement, and implied warranties or conditions
of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors
all liability for damages, including direct, indirect, special, incidental and
consequential damages, such as lost profits;
iii) states that any provisions which differ from this
Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is
available from such Contributor, and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each
copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial product
offering, such Contributor ("Commercial Contributor") hereby agrees
to defend and indemnify every other Contributor ("Indemnified
Contributor") against any losses, damages and costs (collectively
"Losses") arising from claims, lawsuits and other legal actions
brought by a third party against the Indemnified Contributor to the extent
caused by the acts or omissions of such Commercial Contributor in connection
with its distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses relating to
any actual or alleged intellectual property infringement. In order to qualify,
an Indemnified Contributor must: a) promptly notify the Commercial Contributor
in writing of such claim, and b) allow the Commercial Contributor to control,
and cooperate with the Commercial Contributor in, the defense and any related
settlement negotiations. The Indemnified Contributor may participate in any
such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor
to pay any damages as a result, the Commercial Contributor must pay those
damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
the appropriateness of using and distributing the Program and assumes all risks
associated with its exercise of rights under this Agreement, including but not
limited to the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT
LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR
THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such
Recipient under this Agreement shall terminate as of the date such litigation
is filed. In addition, if Recipient institutes patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's rights
granted under Section 2(b) shall terminate as of the date such litigation is
filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue
and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the responsibility to
serve as the Agreement Steward to a suitable separate entity. Each new version
of the Agreement will be given a distinguishing version number. The Program
(including Contributions) may always be distributed subject to the version of
the Agreement under which it was received. In addition, after a new version of
the Agreement is published, Contributor may elect to distribute the Program
(including its Contributions) under the new version. Except as expressly
stated in Sections 2(a) and 2(b) above, Recipient receives no rights or
licenses to the intellectual property of any Contributor under this Agreement,
whether expressly, by implication, estoppel or otherwise. All rights in the
Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
===================================
Universal Description, Discovery and Integration Registry (UDDI4J). The
Program is accompanied by Universal Description, Discovery and Integration
Registry (UDDI4J) software, which is provided to you in object code form
under the terms and conditions of the Program license, which terms are offered
by IBM alone. This source code version of this software is available for
download at http://www-124.ibm.com/developerworks/projects/uddi4j/ under
the terms and conditions of the following license (which contains substantially
different terms from those of the Program):
IBM Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of International Business
Machines Corporation ("IBM"), the Original Program, and
b) in the case of each Contributor,
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the
Program originate from and are distributed by that particular Contributor. A
Contribution 'originates' from a Contributor if it was added to the Program by
such Contributor itself or anyone acting on such Contributor's behalf.
Contributions do not include additions to the Program which: (i) are separate
modules of software distributed in conjunction with the Program under their own
license agreement, and (ii) are not derivative works of the Program.
"Contributor" means IBM and any other entity that distributes
the Program.
"Licensed Patents " mean patent claims licensable by a
Contributor which are necessarily infringed by the use or sale of its
Contribution alone or when combined with the Program.
"Original Program" means the original version of the software
accompanying this Agreement as released by IBM, including source code, object
code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free
copyright license to reproduce, prepare derivative works of, publicly display,
publicly perform, distribute and sublicense the Contribution of such
Contributor, if any, and such derivative works, in source code and object code
form.
b) Subject to the terms of this Agreement, each
Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free
patent license under Licensed Patents to make, use, sell, offer to sell, import
and otherwise transfer the Contribution of such Contributor, if any, in source
code and object code form. This patent license shall apply to
the combination of the Contribution and the Program if, at
the time the Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed Patents. The
patent license shall not apply to any other combinations which include the
Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each
Contributor grants the licenses to its Contributions set forth herein, no
assurances are provided by any Contributor that the Program does not infringe
the patent or other intellectual property rights of any other entity. Each
Contributor disclaims any liability to Recipient for claims brought by any
other entity based on infringement of intellectual property rights or
otherwise. As a condition to exercising the rights and licenses granted
hereunder, each Recipient hereby assumes sole responsibility to secure any
other intellectual property rights needed, if any. For example, if a third
party patent license is required to allow Recipient to distribute
the Program, it is Recipient's responsibility to acquire that license before
distributing the Program.
d) Each Contributor represents that to its
knowledge it has sufficient copyright rights in its Contribution, if any, to
grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form
under its own license agreement, provided that:
a) it complies with the terms and conditions of
this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all
Contributors all warranties and conditions, express and implied, including
warranties or conditions of title and non-infringement, and implied warranties
or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all
Contributors all liability for damages, including direct, indirect, special,
incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ
from this Agreement are offered by that Contributor alone and not by any other
party; and
iv) states that source code for the Program is
available from such Contributor, and informs licensees how to obtain it in a
reasonable manner on or through a medium customarily used for software
exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement;
and
b) a copy of this Agreement must be included
with each copy of the Program.
Each Contributor must include the following in a conspicuous location in
the Program:
Copyright © {date here}, International Business
Machines Corporation and others. All Rights Reserved.
In addition, each Contributor must identify itself as the originator of
its Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this license
is intended to facilitate the commercial use of the Program, the Contributor
who includes the Program in a commercial product offering should do so in a
manner which does not create potential liability for other Contributors.
Therefore, if a Contributor includes the Program in a commercial product
offering, such Contributor ("Commercial Contributor") hereby agrees
to defend and indemnify every other Contributor ("Indemnified
Contributor") against any losses, damages and costs (collectively
"Losses") arising from claims, lawsuits and other legal actions
brought by a third party against the Indemnified Contributor to the extent
caused by the acts or omissions of such Commercial Contributor in connection
with its distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses relating to
any actual or alleged intellectual property infringement. In order to qualify,
an Indemnified Contributor must: a) promptly notify the Commercial Contributor
in writing of such claim, and b) allow the Commercial Contributor to control,
and cooperate with the Commercial Contributor in, the defense and any related
settlement negotiations. The Indemnified Contributor may participate in any
such claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial Contributor.
If that Commercial Contributor then makes performance claims, or offers
warranties related to Product X, those performance claims and warranties are
such Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all risks associated
with its exercise of rights under this Agreement, including but not limited to
the risks and costs of program errors, compliance with applicable laws, damage
to or loss of data, programs or equipment, and unavailability or interruption
of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of the
remainder of the terms of this Agreement, and without further action by the
parties hereto, such provision shall be reformed to the minimum extent
necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as of the
date such litigation is filed. In addition, If Recipient institutes patent
litigation against any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that the Program itself (excluding combinations of the
Program with other software or hardware) infringes such Recipient's patent(s),
then such Recipient's rights granted under Section 2(b) shall terminate as of
the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails
to comply with any of the material terms or conditions of this Agreement and
does not cure such failure in a reasonable period of time after becoming aware
of such noncompliance. If all Recipient's rights under this Agreement
terminate, Recipient agrees to cease use and distribution of the Program as
soon as reasonably practicable. However, Recipient's obligations under this
Agreement and any licenses granted by Recipient relating to the Program shall
continue and survive.
IBM may publish new versions (including revisions) of this Agreement from
time to time. Each new version of the Agreement will be given a distinguishing
version number. The Program (including Contributions) may always be distributed
subject to the version of the Agreement under which it was received. In
addition, after a new version of the Agreement is published, Contributor may
elect to distribute the Program (including its Contributions) under the new
version. No one other than IBM has the right to modify this Agreement. Except
as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no
rights or licenses to the intellectual property of any Contributor under this
Agreement, whether expressly, by implication, estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
===========================================
========================
APACHE COMMONS-LOGGING. The Program includes Apache commons-logging
software developed by The Apache Software Foundation (http://www.apache.org) as
part of the "Commons" project.. The portions of the Program
which are based on software developed by The Apache Software Foundation are
Copyright (c) 1999 - 2002 The Apache Software Foundation. All rights
reserved. IBM obtained the Apache commons-logging software under the
terms and conditions of the following license from The Apache Software
Foundation:
* =======================================================
*
* The Apache Software License, Version 1.1
*
* Copyright (c) 1999-2002 The Apache Software Foundation. All
rights reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must include the following acknowledgment: "This
product includes software developed by the Apache Software Foundation
(http://www.apache.org/)." Alternately, this acknowledgment
may appear in the software itself, if and wherever such third-party
acknowledgments normally appear.
*
* 4. The names "The Jakarta Project", "Commons", and
"Apache Software Foundation" must not be used to endorse or promote
products derived from this software without prior written permission. For
written permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache" nor may "Apache" appear in their names without
prior written permission of the Apache Group.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation. For more
information on the Apache Software Foundation, please see
<http://www.apache.org/>.
===========================================
APACHE COMMONS-DISCOVERY CODE. The Program includes Apache
commons-discovery software developed by The Apache Software Foundation
(http://www.apache.org) as part of the "Commons" project. The
portions of the Program which are based on software developed by The Apache
Software Foundation are Copyright (c) 1999-2001 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache commons-discovery software
under the terms and conditions of the following license from The Apache
Software Foundation:
*
* ====================================================================
*
* The Apache Software License, Version 1.1
*
* Copyright (c) 1999-2001 The Apache Software Foundation. All
rights reserved.
*
* Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if
* any, must include the following acknowlegement:
* "This product includes
software developed by the
* Apache Software Foundation
(http://www.apache.org/)."
* Alternately, this acknowlegement may appear in the
software itself,
* if and wherever such third-party acknowlegements
normally appear.
*
* 4. The names "The Jakarta Project", "Commons", and
"Apache Software
* Foundation" must not be used to endorse or
promote products derived
* from this software without prior written permission.
For written
* permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache"
* nor may "Apache" appear in their names
without prior written
* permission of the Apache Group.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR
* ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
* individuals on behalf of the Apache Software Foundation. For more
* information on the Apache Software Foundation, please see
* <http://www.apache.org/>.
*
*/
ECLIPSE MODELING FRAMEWORK (EMF). The Program is accompanied by Eclipse
Modeling Framework (EMF) software in object code form. The source code
version of this software is available for download at
http://www.eclipse.org/emf under the terms substantially different from those
of the Program. Except as provided immediately below, the object code
version of EMF software accompanying this Program is licensed to you under the
following terms and conditions:
1) Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation
distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from a
Contributor if it was added to the Program by such Contributor itself or anyone
acting on such Contributor's behalf. Contributions do not include additions to
the Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii) are
not derivative works of the Program.
"Contributor" means any person or entity that distributes the
Program.
"Licensed Patents " mean patent claims licensable by a Contributor
which are necessarily infringed by the use or sale of its Contribution alone or
when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this
Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and
such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code and
object code form. This patent license shall apply to the combination of the
Contribution and the Program if, at the time the Contribution is added by the
Contributor, such addition of the Contribution causes such combination to be
covered by the Licensed Patents. The patent license shall not apply to any other
combinations which include the Contribution. No hardware per se is licensed
hereunder.
c) Recipient understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other intellectual
property rights of any other entity. Each Contributor disclaims any liability
to Recipient for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to acquire that
license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under
its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title
and non-infringement, and implied warranties or conditions of merchantability
and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by
that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor,
and informs licensees how to obtain it in a reasonable manner on or through a
medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and
indemnify every other Contributor ("Indemnified Contributor") against
any losses, damages and costs (collectively "Losses") arising from
claims, lawsuits and other legal actions brought by a third party against the
Indemnified Contributor to the extent caused by the acts or omissions of such
Commercial Contributor in connection with its distribution of the Program in a
commercial product offering. The obligations in this section do not apply to
any claims or Losses relating to any actual or alleged intellectual property
infringement. In order to qualify, an Indemnified Contributor must: a) promptly
notify the Commercial Contributor in writing of such claim, and b) allow the
Commercial Contributor to control, and cooperate with the Commercial
Contributor in, the defense and any related settlement negotiations. The
Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Each Recipient is solely responsible for determining the
appropriateness of using and distributing the Program and assumes all risks
associated with its exercise of rights under this Agreement, including but not
limited to the risks and costs of program errors, compliance with applicable
laws, damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such
Recipient under this Agreement shall terminate as of the date such litigation
is filed. In addition, if Recipient institutes patent litigation against any
entity (including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software or
hardware) infringes such Recipient's patent(s), then such Recipient's rights
granted under Section 2(b) shall terminate as of the date such litigation is
filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue
and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the responsibility to
serve as the Agreement Steward to a suitable separate entity. Each new version
of the Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the
Agreement under which it was received. In addition, after a new version of the
Agreement is published, Contributor may elect to distribute the Program
(including its Contributions) under the new version. Except as expressly stated
in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to
the intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial
in any resulting litigation.
The org/eclipse/emf/codegen/jet package in the EMF software accompanying this
Program is based on Apache Tomcat software developed by The Apache Software
Foundation (http://www.apache.org) as part of the "Jakarta"
project. The portions of the Program which are based on software
developed by The Apache Software Foundation are Copyright (c) 1999, 2003 The
Apache Software Foundation. All rights reserved. IBM obtained the
Apache Tomcat software under the terms and conditions of the following license
from The Apache Software Foundation:
*
* The Apache Software License, Version 1.1
*
* Copyright (c) 2003 The Apache Software Foundation. All rights
* reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following
disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if
* any, must include the following acknowlegement:
* "This product includes
software developed by the
* Apache Software Foundation
(http://www.apache.org/)."
* Alternately, this acknowlegement may appear in the
software itself,
* if and wherever such third-party acknowlegements
normally appear.
*
* 4. The names "The Jakarta Project", "Tomcat", and
"Apache Software
* Foundation" must not be used to endorse or
promote products derived
* from this software without prior written permission.
For written
* permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache"
* nor may "Apache" appear in their names
without prior written
* permission of the Apache Group.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR
* ITS 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.
* ====================================================================
*
* This software consists of voluntary contributions made by many
* individuals on behalf of the Apache Software Foundation. For more
* information on the Apache Software Foundation, please see
* <http://www.apache.org/>.
*
=========================
HP-UX Developer's Kit for Java: For the version of this Program using the
HP-UX platform, the Program includes a copy of the HP-UX Developer's Kit
for Java for your convenience.
This component is subject to the terms and conditions of the following license
agreements from Hewlett-Packard Co. included with the HP-UX Developer's Kit for
Java.
HP-UX SDK, for the Java(tm) 2 Platform ATTENTION: USE OF THE SOFTWARE IS
SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND
SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE WARRANTY DISCLAIMER
ATTACHED. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR
OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS
NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF
THESE LICENSE TERMS.
HP SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless you have a separate
written agreement with HP.
License Grant
HP grants you a license to Use one copy of the Software. "Use" means
storing, loading, installing, executing or displaying the Software. You may not
modify the Software or disable any licensing or control features of the
Software. If the Software is licensed for "concurrent use", you may
not allow more than the maximum number of authorized users to Use the Software
concurrently.
Ownership
The Software is owned and copyrighted by HP or its third party suppliers. Your
license confers no title or ownership in the Software and is not a sale of any
rights in the Software. HP's third party suppliers may protect their rights in
the event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes
or when copying or adaptation is an essential step in the authorized Use of the
Software. You must reproduce all copyright notices in the original Software on
all copies or
adaptations. You may not copy the Software onto any bulletin board or similar
system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless HP's prior written
consent is obtained. In some jurisdictions, HP's consent may not be required
for disassembly or decompilation. Upon request, you will provide HP with
reasonably detailed
information regarding any disassembly or decompilation. You may not decrypt the
Software unless decryption is a necessary part of the operation of the
Software.
Transfer
Your license will automatically terminate upon any transfer of the Software.
Upon transfer, you must deliver the Software, including any copies and related
documentation, to the transferee. The transferee must accept these License
Terms as a condition to the transfer.
Termination
HP may terminate your license upon notice for failure to comply with any of
these License Terms. Upon termination, you must immediately destroy the
Software, together with all copies, adaptations and merged portions in any
form.
Export Requirements
You may not export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations.
This software or any copy or adaptation may not be exported, reexported or
transferred to or within countries under U.S. economic embargo including the
following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran,
Iraq, Libya, North Korea, Serbia, Sudan and Syria. This list is subject
to change.
This software or any copy or adaptation may not be exported, reexported or
transferred to persons or entities listed on the U.S. Department of Commerce
Denied Parties List or on any U.S. Treasury Department Designated Nationals
exclusion list, or to any party directly or indirectly involved in the
development or production of nuclear, chemical, biological weapons or related
missile technology programs as specified in the U.S. Export Administration Regulations
(15 CFR 730).
U.S. Government Restricted Rights
The Software and any accompanying documentation have been developed entirely at
private expense. They are delivered and licensed as "commercial computer
software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015
(May
1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as
defined in
FAR2.101(a), or as "Restricted computer software" as defined in FAR
52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause),
whichever is applicable. You have only those rights provided for such Software
and any accompanying documentation by the applicable FAR or DFARS clause or the
HP standard software agreement for the product involved.
SUPPLEMENTAL RESTRICTIONS
You acknowledge the Software is not designed or intended for use in on-line
control of aircraft, air traffic, aircraft navigation, or aircraft
communications; or in the design, construction, operation or maintenance of any
nuclear facility. HP disclaims any
express or implied warranty of fitness for such uses.
HP WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware, accessories, and
supplies will be free from defects in materials and workmanship after the date
of purchase for the period specified above. If HP receives notice
of such defects during the warranty period, HP will, at its option, either
repair or replace products which prove to be defective. Replacement products
may be either new or equivalent in performance to new.
HP warrants to you that HP Software will not fail to execute its programming
instructions after the date of purchase, for the period specified above, due to
defects in materials and workmanship when properly installed and used. If HP
receives notice of such defects during the warranty period, HP will replace
Software which does not execute its programming instructions due to such
defects.
HP does not warrant that the operation of HP products will be uninterrupted or
error free. If HP is unable, within a reasonable time, to repair or replace any
product to a
condition warranted, you will be entitled to a refund of the purchase price
upon prompt return of the product. Alternatively, in the case of HP Software,
you will be entitled to a refund of the purchase price upon prompt delivery to
HP of written notice
from you confirming destruction of the HP Software, together with all copies,
adaptations, and merged portions in any form.
HP products may contain remanufactured parts equivalent to new in performance
or may have been subject to incidental use.
Warranty does not apply to defects resulting from:
(a) improper or inadequate maintenance or calibration; (b) software,
interfacing, parts or supplies not supplied by HP, (c) unauthorized
modification or misuse; (d) operation outside of the published environmental
specifications for the product, or (e) improper site preparation or
maintenance.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO
OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED
AND HP SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Some countries, states, or provinces do not allow limitations on the duration
of an implied warranty, so the above limitation or exclusion may not apply to
you. This warranty gives you specific legal rights and you might also have
other rights that vary from country to country, state to state, or province to
province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS
WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED
ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR
DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED
IN CONTRACT, TORT, OR OTHERWISE. Some
countries, states, or provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation may not apply to
you.
HP-UX Runtime Environment, for the Java(tm) 2 Platform
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND
SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE WARRANTY DISCLAIMER
ATTACHED. IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR
OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN
THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR
ACCEPTANCE OF THESE LICENSE
TERMS.
HP SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless you have a separate
written agreement with HP.
License Grant
HP grants you a license to Use one copy of the Software. "Use" means
storing, loading, installing, executing or displaying the Software. You may not
modify the Software or disable any licensing or control features of the
Software. If the Software is licensed for "concurrent use", you may
not allow more than the maximum number of authorized users to Use the Software
concurrently.
Ownership
The Software is owned and copyrighted by HP or its third party suppliers. Your
license confers no title or ownership in the Software and is not a sale of any
rights in the Software. HP's third party suppliers may protect their rights in
the event of any violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes
or when copying or adaptation is an essential step in the authorized Use of the
Software. You must reproduce all copyright notices in the original Software on
all copies or
adaptations. You may not copy the Software onto any bulletin board or similar
system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless HP's prior written consent
is obtained. In some jurisdictions, HP's consent may not be required for
disassembly or decompilation.
Upon request, you will provide HP with reasonably detailed information
regarding any disassembly or decompilation. You may not decrypt the Software
unless decryption is a necessary part of the operation of the Software.
Transfer
Your license will automatically terminate upon any transfer of the Software.
Upon transfer, you must deliver the Software, including any copies and related
documentation, to the transferee. The transferee must accept these License
Terms as a condition to the transfer.
Termination
HP may terminate your license upon notice for failure to comply with any of
these License Terms. Upon termination, you must immediately destroy the
Software, together with all copies, adaptations and merged portions in any
form.
Export Requirements
You may not export or re-export the Software or any copy or adaptation in
violation of any applicable laws or regulations.
This software or any copy or adaptation may not be exported, reexported or
transferred to or within countries under U.S. economic embargo including the
following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq,
Libya, North Korea, Serbia, Sudan and Syria. This list is subject to
change.
This software or any copy or adaptation may not be exported, reexported or
transferred to persons or entities listed on the U.S. Department of Commerce
Denied Parties List or on any U.S. Treasury Department Designated Nationals
exclusion list, or to any party directly or indirectly involved in the
development or production of nuclear, chemical, biological weapons or related
missile technology programs as specified in the U.S. Export Administration
Regulations (15 CFR 730).
U.S. Government Restricted Rights
The Software and any accompanying documentation have been developed
entirely at private expense. They are delivered and licensed as
"commercial computer software" as defined in DFARS 252.227-7013 (Oct
1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a
"commercial item" as defined in FAR2.101(a), or as "Restricted
computer software" as defined in FAR
52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause),
whichever is applicable. You have only those rights provided for such Software
and any accompanying documentation by the applicable FAR or DFARS clause or the
HP standard software agreement for the product involved.
SUPPLEMENTAL RESTRICTIONS
You acknowledge the Software is not designed or intended for use in on-line
control of aircraft, air traffic, aircraft navigation, or aircraft
communications; or in the design, construction, operation or maintenance of any
nuclear facility. HP disclaims any
express or implied warranty of fitness for such uses.
ADDITIONAL SUPPLEMENTAL RESTRICTIONS FOR HP-UX RUNTIME ENVIRONMENT,
FOR THE JAVA(TM) 2 PLATFORM
* License to Distribute HP-UX Runtime Environment, for the Java(tm) 2 Platform.
You are granted a royalty-free right to reproduce and distribute the
HP-UX Runtime Environment, for Java provided that you distribute the HP-UX
Runtime Environment, for the Java 2 Platform complete and unmodified, only as a
part of, and for the sole
purpose of running your Java compatible applet or application ("Program")
into which the HP-UX Runtime Environment, for the Java 2 Platform is
incorporated.
* Java Platform Interface. Licensee may not modify the Java Platform Interface
("JPI", identified as classes contained within the "java"
package or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition to or
modification of the classes in the JPI. In the event that Licensee creates any
Java-related API and distributes such API to others for applet or application
development, Licensee must promptly publish broadly, an accurate specification
for such API for free use by all developers of Java-based software.
* You may make the HP-UX Runtime Environment, for the Java 2 Platform
accessible to application programs developed by you provided that the programs
allow such access only through the Invocation Interface specified and provided
that you shall not expose or document other interfaces that permit access to
such HP-UX Runtime Environment, for the Java 2 Platform. You shall not be
restricted hereunder from exposing or documenting interfaces to software
components that use or access the HP-UX Runtime Environment, for the Java 2
Platform.
HP WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware, accessories, and
supplies will be free from defects in materials and workmanship after the date
of purchase for the period specified above. If HP receives notice of such
defects during the warranty period, HP will, at its option, either repair
or replace products which prove to be defective. Replacement products may be
either new or equivalent in performance to new.
HP warrants to you that HP Software will not fail to execute its programming
instructions after the date of purchase, for the period specified above, due to
defects in materials and workmanship when properly installed and used. If HP
receives notice of such defects during the warranty period, HP will replace
Software which does not execute its programming instructions due to such
defects.
HP does not warrant that the operation of HP products will be uninterrupted or
error free. If HP is unable, within a reasonable time, to repair or replace any
product to a
condition warranted, you will be entitled to a refund of the purchase price
upon prompt return of the product. Alternatively, in the case of HP Software,
you will be entitled to a refund of the purchase price upon prompt delivery to
HP of written notice
from you confirming destruction of the HP Software, together with all copies,
adaptations, and merged portions in any form.
HP products may contain remanufactured parts equivalent to new in performance
or may have been subject to incidental use.
Warranty does not apply to defects resulting from:
(a) improper or inadequate maintenance or calibration; (b) software,
interfacing, parts or supplies not supplied by HP, (c) unauthorized
modification or misuse; (d) operation outside of the published environmental
specifications for the product, or (e) improper site preparation or
maintenance.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO
OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED
AND HP SPECIFICALLY
DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Some countries, states, or provinces do not allow limitations on the duration
of an implied warranty, so the above limitation or exclusion may not apply to
you. This warranty gives you specific legal rights and you might also have
other rights that vary from country to country, state to state, or province to
province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE
YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL
HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL,
INCIDENTAL,
CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED
IN CONTRACT, TORT, OR OTHERWISE. Some
countries, states, or provinces do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation may not apply to
you.
JYTHON: The Program includes Jython software (which in turn includes JPython
software) which is Copyright (c) 2000, Jython Developers. All rights reserved.
IBM did not modify the Jython software although it believes the Jython software
constitutes a modification of JPython software, which is Copyright ©1996-1999
Corporation for National Research Initiatives. All Rights Reserved. IBM
believes that the original JPython (Version 1.1.x) software is made available
subject to the terms and conditions in CNRI's License Agreement. This Agreement
is reproduced below may be located on the Internet using the following unique,
persistent identifier (known as a handle): 1895.22/1006. The License may also
be obtained from a proxy server on the Web using the following URL:
http://hdl.handle.net/1895.22/1006. In addition, Jython includes software developed
by the Apache Software Foundation (http://www.apache.org/) which are Copyright
(c) 2001 The Apache Software Foundation. All rights reserved. IBM
obtained the Jython software under the terms and conditions of the following
licenses from Jython Developers, CNRI, and The Apache Software Foundation:
**************************************
1) Jython Developers
Jython changes Software License.
================================
Copyright (c) 2000, Jython Developers All rights reserved.
Redistribution and use in 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 following disclaimer.
- Redistributions in binary form 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 the Jython Developers nor the names of
its contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
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 REGENTS 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.
2) Jpython Software License (CNRI)
______________________________________________________________________________
IMPORTANT: PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY.
BY CLICKING ON THE "ACCEPT" BUTTON WHERE INDICATED, OR BY INSTALLING,
COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE
TERMS AND CONDITIONS OF THIS AGREEMENT.
JPython version 1.1.x
1. This LICENSE AGREEMENT is between the Corporation for National Research
Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191
("CNRI"), and the Individual or Organization ("Licensee")
accessing and using JPython version 1.1.x in source or binary form and its
associated documentation as provided herein ("Software").
2. Subject to the terms and conditions of this License Agreement, CNRI hereby
grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly, prepare
derivative works, distribute, and otherwise use the Software alone or in any
derivative version, provided, however, that CNRI's License Agreement and CNRI's
notice of copyright, i.e., "Copyright ©1996-1999 Corporation for National
Research Initiatives; All Rights Reserved" are both retained in the
Software, alone or in any derivative version prepared by Licensee.
Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the
following text (omitting the quotes), provided, however, that such text is
displayed prominently in the Software alone or in an derivative version
prepared by Licensee: "JPython (Version 1.1.x) is made available subject
to the terms and conditions in CNRI's License Agreement. This Agreement may be
located on the Internet using the following unique, persistent identifier
(known as a handle): 1895.22/1006. The License may also be obtained
from a proxy server on the Web using the following URL:
http://hdl.handle.net/1895.22/1006."
3. In the event Licensee prepares a derivative work that is based on or
incorporates the Software or any part thereof, and wants to make the derivative
work available to the public as provided herein, then Licensee hereby agrees to
indicate in any such work, in a prominently visible way, the nature of the
modifications made to CNRI's Software.
4. Licensee may not use CNRI trademarks or trade name, including Jpython or
CNRI, in a trademark sense to endorse or promote products or services of
Licensee, or any third party. Licensee may use the mark JPython in connection
with Licensee's derivative versions that are based on or incorporate the
Software, but only in the form "JPython-based ___________________,"
or equivalent.
5. CNRI is making the Software available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY
REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY
RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING,
MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF
ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon
written notice from CNRI of any material breach by the Licensee, if the nature
of the breach is such that it cannot be promptly remedied; or (ii) sixty (60)
days following notice from CNRI to Licensee of a material remediable breach, if
Licensee has not remedied such breach within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all respects
by the law of the State of Virginia, excluding conflict of law provisions.
Nothing in this Agreement shall be deemed to create any relationship of agency,
partnership, or joint venture between CNRI and Licensee.
9. By clicking on the "ACCEPT" button where indicated, or by
installing, copying or otherwise using the Software, Licensee agrees to be
bound by the terms and conditions of this License Agreement.
[ACCEPT BUTTON]
3) The Apache Software License.
The oro regular expression matcher code in Jython is covered by The Apache
Software License. See the org/apache/LICENSE file for
details.
The Apache Software License, Version 1.1
Copyright (c) 2001 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form 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.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment:
"This product includes software developed by the Apache Software
Foundation
(http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and
wherever such third-party acknowledgments normally appear.
4. The names "The Jakarta Project", "James", and
"Apache Software Foundation" must not be used to endorse or promote
products derived from this software without prior written permission. For
written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache" nor
may "Apache" appear in their names without prior written permission
of the Apache Group.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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
APACHE SOFTWARE FOUNDATION OR ITS 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.
====================================================================
This software consists of voluntary contributions made by many individuals on
behalf of the Apache Software Foundation. For more information on the
Apache Software Foundation, please see <http://www.apache.org/>.
===================
APACHE ANT CODE. The Program may include software developed
by The Apache Software Foundation (http://www.apache.org). The
portions of the Program which are based on software developed by The Apache
Software Foundation are Copyright (c) 2000-2003 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache Ant software under the terms
and conditions of the following license from The Apache Software Foundation
*
*
The Apache Software License, Version 1.1
*
============================================================================
*
* Copyright (C) 2000-2003 The Apache Software
Foundation. All
* rights reserved.
*
* Redistribution and use in source and binary forms, with or without
modifica-
* tion, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above
copyright notice,
* this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form 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.
*
* 3. The end-user documentation included with the redistribution, if any,
must
* include the following
acknowledgment: "This product includes software
* developed by the Apache Software
Foundation (http://www.apache.org/)."
* Alternately, this acknowledgment may
appear in the software itself, if
* and wherever such third-party acknowledgments
normally appear.
*
* 4. The names "Ant" and "Apache Software Foundation"
must not be used to
* endorse or promote products derived
from this software without prior
* written permission. For written permission, please
contact
* apache@apache.org.
*
* 5. Products derived from this software may not be called
"Apache", nor may
* "Apache" appear in their name,
without prior written permission of the
* Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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
* APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE
LIABLE FOR ANY DIRECT,
* INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLU-
* DING, 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.
*
* This software consists of voluntary contributions made by
many individuals
* on behalf of the Apache Software Foundation. For more
information on the
* Apache Software Foundation, please see <http://www.apache.org/>.
=====================================================================
CIMOM is an open source program licensed to you by Storage Networking Industry Association (SNIA) under the terms of the SNIA Open Source License found at http://www.snia.org/English/Resources/Code/OpenSource.html. The text of the license reads as follows:
STORAGE NETWORKING INDUSTRY ASSOCIATION
PUBLIC LICENSE
Version 1.1
________________________
1. Definitions.
1.1 "Commercial Use" means
distribution or otherwise making the Covered Code available to a
third party.
1.2 "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.3 "Contributor Version"
means the combination of the Original Code, prior Modifications
used by a Contributor, and the Modifications
made by that particular Contributor.
1.4 "Covered Code" means the
Original Code or Modifications or the combination of the
Original Code and Modifications, in each case
including portions thereof.
1.5 "Electronic Distribution
Mechanism" means a mechanism generally accepted in the
software development community for the
electronic transfer of data.
1.6 "Executable" means Covered Code in any form other than Source Code.
1.7 "Initial Developer"
means the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit A.
1.8 "Larger Work" means a
work which combines Covered Code or portions thereof with code
not governed by the terms of this License.
1.9 "License" means this document.
1.10 "Licensable" means
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.
1.11 "Modifications" means
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.
1.12 "Original Code" means
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.
1.13 "Patent Claims" means
any patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and
apparatus claims, in any patent Licensable by grantor.
1.14 "Source Code" means 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.
1.15 "You" (or "Your")
means 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 actual 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.
(b)Contributor
API's. If Contributor's Modifications include an application programming
interface and
Contributor has actual 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 most 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 that 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 (excluding any liability arising
from intellectual property claims relating to
the Covered Code) 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 Section 3.1-3.5
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 obligation 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 (excluding any liability arising
from intellectual property claims relating to
the Covered Code) 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;
and (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. The Storage
Networking Industry Association (the "SNIA") 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 the SNIA. No one other than the
SNIA 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 "Storage Networking Industry
Association," "SNIA," 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 SNIA 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 a reasonable time after 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 declaratory
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.
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. 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 this License or the alternative
licenses, if any, specified by
the Initial Developer in the file described in Exhibit A.
14. ACCEPTANCE. This License is accepted by You if You retain,
use, or distribute the Covered Code
for any purpose.
EXHIBIT A -The SNIA Public License.
The contents of
this file are subject to the SNIA 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 at
/http://www.snia.org/English/Resources/Code/OpenSource.html
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 Apache Software License, Version 1.1 Copyright (c) 2003 The Apache Software
Foundation. All rights reserved. Redistribution and use in source and binary
forms, with or without modification, are permitted provided that the following
conditions are met: 1. Redistributions of source code must retain the above
copyright notice, this list of conditions and the following disclaimer. 2.
Redistributions in binary form 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. 3. The end-user documentation
included with the redistribution, if any, must include the following
acknowlegement: "This product includes software developed by the Apache
Software Foundation (http://www.apache.org/)." Alternately, this
acknowlegement may appear in the software itself, if and wherever such
third-party acknowlegements normally appear. 4. The names "The Jakarta
Project", "Tomcat", and "Apache Software Foundation"
must not be used to endorse or promote products derived from this software
without prior written permission. For written permission, please contact
apache@apache.org. 5. Products derived from this software may not be called
"Apache" nor may "Apache" appear in their names without
prior written permission of the Apache Group. THIS SOFTWARE IS PROVIDED ``AS
IS'' AND ANY EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS
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.
==================================================================== This
software consists of voluntary contributions made by many individuals on behalf
of the Apache Software Foundation. For more information on the Apache Software
Foundation, please see <http://www.apache.org/>. [Additional notices, if
required by prior licensing conditions]
Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a)
in the case of the initial Contributor, the initial code and documentation
distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.