Hardware
Management Console
License README
This Readme file contains license information and notices related to certain Third Party Code contained in this product. |
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. |
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 |
Opera Browser Information:
LICENSE.TXT
===========================================
Copyright (C) Opera Software 1995-2003
IMPORTANT NOTE
The Software, as defined below, is protected by copyright, which are vested in Opera Software ASA/its suppliers.
Registration codes, as defined below, are protected by copyright, which is vested in Opera Software ASA.
The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.
If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.
To make personalized advertising possible, users of the ad-sponsored software may provide ad-related profile information on strictly a voluntary basis. The Opera Software ASA privacy policy, found at <http://www.opera.com/privacy/> governs the use of such profile information.
END USER LICENSE AGREEMENT
DEFINITIONS
The following definitions apply to the terms and conditions included in this Agreement.
Opera
means a Browser, developed by Opera Software ASA, for reading and
writing
files to and from a network and/or file system.
Software
means Opera, all program and information files and other documentation
which are part of the Opera Software package, with the exception of the
Registration Codes.
Registration Code
registers a paid version of the software. This disables the advertising
banner in the Browser’s top right hand corner, and removes advertising
content which has been cached.
Individual
means a particular person.
TERMS OF AGREEMENT
This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.
You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server for distribution to other computers is not allowed, unless you have a separate license for each computer to which the Software is distributed. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.
The Software is protected by Norwegian and United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software. You may transfer the Software and all accompanying materials to another individual on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Opera Software ASA/its suppliers.
You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.
Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Opera Software ASA.
The copyright of all Registration Codes remains vested in Opera Software ASA which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. OPERA SOFTWARE ASA OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.
YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.
OPERA SOFTWARE ASA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .
IN NO EVENT SHALL OPERA SOFTWARE ASA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPERA SOFTWARE ASA ALSO DISCLAIMS ALL LIABILITY FOR ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS")
REGARDLESS OF THE FORM OF ACTION, OPERA SOFTWARE ASA AND ITS
SUPPLIERS
AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL
NOT
EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE
FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE
MAXIMUM
EXTENT ALLOWED BY APPLICABLE LAW.
The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.
Notice to U.S. Government Users: The Software and any associated 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 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.
Privacy statement: Opera Software ASA strives to protect the security and privacy of the users of its products, and will strictly protect the security of the users personal information, within the confines of the Opera domain. The Opera Software ASA privacy statement found at <http://www.opera.com/privacy/>, is incorporated in this Agreement by reference.
If you choose the option of being served content targeted ads you hereby consent to (i) the use by Opera Software ASA and its advertising partner of your IP address, the URLs you request and agent information (“End User Information”) for the purpose of serving ads and (ii) the transfer for this purpose of the End User Information to countries outside the European Economic Area, including the United States.
Any variation to the terms of this Agreement shall only be valid if made in writing by Opera Software ASA.
Any and all disputes arising out of the rights and obligations in
this
Agreement shall be submitted to ordinary court proceedings. You accept
the Oslo City Court as legal venue under this Agreement.
This Agreement shall be governed by Norwegian law, and the stipulations
set forth herein to be construed in accordance with same.
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:
"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
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
When the Program is made available in source code form:
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.