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TERMS AND CONDITIONS FOR THIRD PARTY PRODUCTS THAT MAY ACCOMPANY JBOSSTS
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE SOFTWARE THAT IS THE
PARTICULAR THIRD PARTY PRODUCT AND DO NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY OTHER PRODUCTS TERMS
ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
LICENSE TERMS FOR APACHE XERXES AND APACHE XALAN THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
--------------------------------------------------------
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
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communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
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designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
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with the Work to which such Contribution(s) was submitted. If You
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or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
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Work or Derivative Works thereof in any medium, with or without
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meet the following conditions:
(a) You must give any other recipients of the Work or
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stating that You changed the files; and
(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
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You may add Your own copyright statement to Your modifications and
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for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) 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. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
To apply the Apache License to your work, attach the following
boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.
Copyright [yyyy] [name of copyright owner]
Licensed under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
--------------------------------------------------------
The Apache Software LICENSE, Version 1.1
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE SOFTWARE THAT IS
APACHE XERCES AND XALAN AND DO NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY OTHER PRODUCTS TERMS
ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
For the Apache Xerces software: Copyright (c) 1999-2000 The Apache Software Foundation. All rights reserved.
For the Apache Xalan software: 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", "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", "Velocity" 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
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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
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LICENSE TERMS FOR SUN MICROSYSTEMS, INC. PROGRAMS THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE SOFTWARE THAT IS SUN
MICROSYSTEMS, INC. SOFTWARE AND DOES NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY OTHER PRODUCTS TERMS
ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
I. Binary Code License Agreement for JavaTM Secure Socket Extensions ("JSSE") (including jsse, jcert and jnet) and JavaMailTM
1.2 ("JavaMail") (mail)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the JSSE and JavaMail
software and documentation and any error corrections provided by Sun (collectively "Sun Software"), by the number of users and the
class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Sun Software is confidential and copyrighted. Title to Sun Software and all associated intellectual property rights is
retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of
Sun Software, other than a single copy of Sun Software for archival purposes. Unless enforcement is prohibited by applicable law, you
may not modify, decompile, or reverse engineer Sun Software. You acknowledge that Sun Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied
warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its
licensors is granted under this Sun Agreement.
3. LIMITED WARRANTY. Sun Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited
warranty will be Sun's refund of the fee paid for Sun Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS SUN AGREEMENT, ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT
TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING
OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SUN SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Sun Software under this Sun Agreement. The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose.
6. Termination. This Sun Agreement is effective until terminated. You may terminate this Sun Agreement at any time by destroying all
copies of Sun Software. This Sun Agreement will terminate immediately without notice from Sun if you fail to comply with any
provision of this Sun Agreement. Upon Termination, you must destroy all copies of Sun Software.
7. Export Regulations. All Sun Software and technical data delivered under this Sun Agreement are subject to US export control laws
and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations
and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery
to you.
8. U.S. Government Restricted Rights. If Sun Software is being acquired by or on behalf of the U.S. Government or by a U.S.
Government prime contractor or subcontractor (at any tier), then the Government's rights in Sun Software and accompanying
documentation will be only as set forth in this Sun Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for
Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Sun Agreement will be governed by California law and controlling U.S. federal law. No
choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Sun Agreement is held to be unenforceable, this Sun Agreement will remain in effect with the
provision omitted, unless omission would frustrate the intent of the parties, in which case this Sun Agreement will immediately
terminate.
11. Integration. This Sun Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during
the term of this Sun Agreement. No modification of this Sun Agreement will be binding, unless in writing and signed by an authorized
representative of each party. For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
II. JAVATM DEVELOPMENT OPTIONAL PACKAGES JSSE,VERSION 1.0.2 SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("JSSE Supplement") add to or modify the terms of the Sun Agreement (collectively, the "JSSE
Agreement") solely for the JSSE Software. Capitalized terms not defined in this Supplement shall have the same meanings ascribed to
them in the Sun Agreement. These Supplement terms shall supersede any inconsistent or conflicting terms in the Sun Agreement, or in
any license contained within the JSSE Software.
1. License to Distribute. Sun grants you a non-exclusive, non-transferable, royalty-free, limited license to (a) use the binary form of the
JSSE Software for the sole purpose of designing, developing and testing your JavaTM applets and applications intended to run on a
compatible Java environment (the "Programs"), provided that the Programs add significant and primary functionality to the JSSE
Software, and (b) reproduce and distribute the binary form of the JSSE Software through multiple tiers of distribution provided that you:
(i) distribute the JSSE Software complete and unmodified; (ii) do not distribute additional software intended to supersede any
component(s) of the JSSE Software; (iii) do not remove or alter any proprietary legends or notices contained in or on the JSSE Software;
and (iv) only distribute the JSSE Software pursuant to a license agreement that protects Sun's interests consistent with the terms
contained in this Agreement, and provides that Sun is a third party beneficiary to such license agreement. If you distribute the JSSE
Software pursuant to this paragraph, you must include the following statement as part of product documentation (whether hard copy or
electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to
make the statement visible to users of the JSSE Software: "This product includes code licensed from RSA Data Security".
2. Requirements. In exchange for the licenses granted in Paragraph II.1 above, you agree: a. not to create, or authorize your licensees to
create, additional classes, interfaces or subpackages that are contained in the "java," "javax" or "sun" packages, or similarly named
package, as specified by Sun in any naming convention; b. that, in the event that you create an API(s) which: (i) extends the
functionality of a Java platform; and (ii) is distributed to third party software developers for the purpose of developing software which
invokes such additional API, you must promptly and broadly publish an accurate specification for such API for free use by all
developers; and c. to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts
and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or
results from the use or distribution of any and all Programs and/or JSSE Software.
3. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related
trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you
agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks.
Any use you make of the Java Marks inures to Sun's benefit.
4. Source Code. JSSE Software may contain source code that is provided solely for reference purposes pursuant to the terms of this
JSSE Agreement.
III. JAVAMAIL, VERSION 1.2 SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("JavaMail Supplemental Terms") add to or modify the terms of the Sun Agreement solely for the
JavaMail software (collectively, the " JavaMail Agreement"). Capitalized terms not defined in these JavaMail Supplemental Terms shall
have the same meanings ascribed to them in the Sun Agreement. These JavaMail Supplemental Terms shall supersede any inconsistent
or conflicting terms in the Agreement, or in any license contained within the JavaMail Software.
1. JavaMail Software Internal Use and Development License Grant. Subject to the terms and conditions of this JavaMail
Agreement, including, but not limited to Section 3 (JavaTM Technology Restrictions) of these JavaMail Supplemental Terms, Sun grants
you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the JavaMail
Software, complete and unmodified, for the sole purpose of designing, developing and testing your Java applets and applications
("Programs").
2. License to Distribute JavaMail Software. Subject to the terms and conditions of this Agreement, including, but not limited to
Section 3 (Java TM Technology Restrictions) of these JavaMail Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
limited license to reproduce and distribute the JavaMail Software in binary code form only, provided that (i) you distribute the JavaMail
Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Java applets or applications
("Programs"), (ii) the Programs add significant and primary functionality to the JavaMail Software, (iii) you do not distribute additional
software intended to replace any component(s) of the JavaMail Software, (iv) you do not remove or alter any proprietary legends or
notices contained in the JavaMail Software, (v) you only distribute the JavaMail Software subject to a license agreement that protects
Sun's interests consistent with the terms contained in this JavaMail Agreement, and (vi) you agree to defend and indemnify Sun and its
licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs
and/or JavaMail Software.
3. Java Technology Restrictions. You 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 you create an additional class and associated API(s) which (i)
extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing
additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for
free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that
are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI,
FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to
comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use
you make of the Sun Marks inures to Sun's benefit.
5. Source Code. JavaMail Software may contain source code that is provided solely for reference purposes pursuant to the terms of this
JavaMail Agreement. Source code may not be redistributed unless expressly provided for in this JavaMail Agreement.
6. Termination for Infringement. Either party may terminate this JavaMail Agreement immediately should any JavaMail Software
become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
IV. Binary Code License Agreement for Java � API for SML Processing (jaxp) Sun Microsystems, Inc.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
V. Supplemental License Terms for Java � API for XML Parsing (jaxp), Version 1.1
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the
Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained
within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of
designing, developing and testing your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of
these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology
Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form,
provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute
additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices
contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You 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 you create an additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers.
You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
inures to Sun's benefit.
5. Source Code. Software may contain source code that is provided for reference purposes pursuant to the terms of this Agreement. Source
code may not be redistributed unless expressly provided for in this Agreement. Portions of this download are governed by the Apache Source
Code License and are identified in the Readme file. A copy of the Apache License is supplied with the Apache Source Code.
6. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
(Form last modified 11-03-2000.)
VI. Binary Code License Agreement for Java � Authentication and Activation Service (jaas)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or
reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at
Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) ac- quisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems,
Inc. 901 San Antonio Road, Palo Alto, California
94303
VII. Supplemental License for Java � Authentication and Authorization Service (jaas)
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These
Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. License to Distribute. Subject to the terms and conditions of this Agreement, including but not limited to Section 2 (Requirements), Sun
grants you a non-exclusive, non-transferable, royalty-free, limited license to (a) use the binary form of the Software for the sole purpose
of designing, developing and testing your JavaTM applets and applications intended to run on a compatible Java environment (the
"Programs"), and (b) reproduce and distribute the binary form of the Software provided that you: (i) distribute the Software complete and
unmodified and only bundled as part of the Programs; (ii) do not distribute additional software intended to supersede any component(s) of the
Software; (iii) do not remove or alter any proprietary legends or notices contained in or on the Software; and (iv) only distribute the Software
pursuant to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement.
2. Requirements. In exchange for the licenses granted in Paragraph 1 above, you agree:
a. not to create, or authorize your licensees to create, additional classes, interfaces or subpackages that are contained in the "java," "javax" or
"sun" packages, or similarly named package, as specified by Sun in any naming convention;
b. that, in the event that you create an API(s) which: (i) extends the functionality of a Java platform; and (ii) is distributed to third party
software developers for the purpose of developing software which invokes such additional API, you must promptly and broadly publish an
accurate specification for such API for free use by all developers; and
c. to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or
distribution of any and all Programs and/or Software.
3. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related
trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree
to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks.
Any use you make of the Java Marks inures to Sun's benefit.
4. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
VIII. Binary Code License Agreement Terms for JavaHelp� 1.1.2_01 (including jhall)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
IX. Supplemental License Terms for JavaHelp� 1.1.2_01 (including jhall)
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the
Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained
within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing,
developing and testing your Java applets and applications intended to run on the Java platform ("Programs").
").
2. License to Distribute Redistributables. In addition to the license granted in Section 1 (Software Internal Use and Development License
Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java
Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and
distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you
distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as
part of your Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables, (iii) you
do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables
pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and (v) you agree to
defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including
attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of
any and all Programs and/or Software.
3. Java Technology Restrictions. You 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 you create an additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers.
You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at
http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other
brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in this Agreement.
7. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
(LFI#90701/Form ID#011801)
X. Binary Code License Agreement for JavaBeans � Activation Framework 1.0.1 (activation)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
XI. Supplemental License Terms for JavaBeans � Activation Framework, Version 1.0.1 (activation)
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the
Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained
within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited
to Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of
designing, developing and testing your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of
these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to, Section 3 (Java Technology
Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the
Software in binary code form only, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your
Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any
proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against
any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit
or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You 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 you create an additional class and associated API(s) which (i) extends the
functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers.
You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. No Support. Sun is under no obligation to support the Software or to provide you with updates or error corrections. You acknowledge that
the Software may have defects or deficiencies which cannot or will not be corrected by Sun.
5. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other
brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
6. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in this Agreement.
7. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
(LFI#90622/Form ID#011801)
XII. Binary Code License Agreement for Java � Cryptography Extension (jce)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the
accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by
the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901
San Antonio Road, Palo Alto, California 94303
XII. Supplemental License Terms for Java(TM) Development Optional Packages Java (TM) Cryptography Extension, Version 1.2.1
(jce)
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These
Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. License to Distribute. Sun grants to you a non-exclusive, non-transferable, royalty-free, limited license to (a) use the binary form of the
Software for the sole purpose of designing, developing and testing your Java(TM) applets and applications intended to run on a compatible
Java environment (the "Programs"), provided that the Programs add significant and primary functionality to the Software, and (b) reproduce
and distribute the binary form of the Software provided that you: (i) distribute the Software complete and unmodified; (ii) do not distribute
additional software intended to supersede any component(s) of the Software; (iii) do not remove or alter any proprietary legends or notices
contained in or on the Software; and (iv) only distribute the Software pursuant to a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement, and provides that Sun is a third party beneficiary to such license agreement.
2. Requirements. In exchange for the licenses granted in Paragraph 1 above, you agree:
a. not to create, or authorize your licensees to create, additional classes, interfaces or subpackages that are contained in the "java," "javax" or
"sun" packages, or similarly named package, as specified by Sun in any naming convention;
b. that, in the event that you create an API(s) which: (i) extends the functionality of a Java platform; and (ii) is distributed to third party
software developers for the purpose of developing software which invokes such additional API, you must promptly and broadly publish an
accurate specification for such API for free use by all developers; and
c. to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or
distribution of any and all Programs and/or Software.
3. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related
trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree
to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you
make of the Java Marks inures to Sun's benefit.
4. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
XIV. Binary Code License Agreement for Java(TM) Servlet API Class Files 2.2b (servlet)
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or
reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation
or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or
to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth
in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and
with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
XV. Supplemental License Terms for Java(TM) Servlet API Class Files 2.2b (servlet)
These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These
Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. License to Develop. Subject to the terms and conditions of this Agreement, including but not limited to the terms and conditions contained
in this Supplement, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and use internally the binary form of the
Software for the purpose of designing, developing and testing your JavaTM applets and applications intended to run on a compatible Java
platform (the "Program(s)").
2. License to Distribute. Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the binary code form of
the Software to third party end users, through multiple tiers of distribution, provided that you: (i) distribute the Software complete and
unmodified in its original Java Archive file, and only bundled as a part of your Program that incorporates the Software; (ii) do not distribute
additional software intended to replace any component(s) of the Software; (iii) do not remove or alter any proprietary legends or notices
contained in or on the Software; (iv) only distribute the Program pursuant to a license agreement that protects Sun's interest consistent with
the terms contained in the Agreement and provided that Sun is a third party beneficiary to such license agreement; (v) do not create, or
authorize your licensees to create, additional classes, interfaces, or subpackages that are contained in the "java", "javax" or "sun" packages or
similar packages as specified by Sun in any naming convention; and (vi) agree to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs.
3. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related
trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree
to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you
make of the Java Marks inures to Sun's benefit.
XVI. Sun Community Source License for JMX Instrumentation Reference Implementation 1.0 (jmxri)
SUN COMMUNITY SOURCE LICENSE
I. DEFINITIONS.
"Community Code" means Reference Code, Contributed Code, and any combination thereof.
"Community Member" means You, Original Contributor and any other party that has entered into and has in effect a version of this License
"(or who is similarly authorized and obligated by Sun)" for the Technology with Original Contributor.
"Contributed Code" means Error Corrections, Shared Modifications and any other code other than Reference Code made available to all
Community Members in accordance with this License.
"Contributed Code Specifications" means the functional, interface and operational specifications and documentation for Contributed Code.
"Contributor" means any Community Member who makes available Contributed Code.
"Covered Code" means any and all code (including Modifications) implementing all or any portion of the Technology Specifications.
"Error Correction(s)" mean Modifications which correct any failure of Community Code to conform to any aspect of the Technology
Specifications.
"Interfaces" means classes or other programming code or specifications designed for use with the Technology comprising a means or link for
invoking functionality, operations or protocols and which are additional to or extend the interfaces designated in the Technology
Specifications.
"Modifications" means any (i) change or addition to Covered Code, or (ii) new source or object code implementing any portion of the
Technology Specifications, but (iii) excluding any incorporated Reference Code.
"Original Contributor" means Sun Microsystems, Inc., its affiliates, successors and assigns.
"Reference Code" means source code for the Technology designated by Original Contributor at the Technology Site from time to time.
"Research Use" means research, evaluation, development, educational or personal and individual use, excluding use or distribution for direct
or indirect commercial (including strategic) gain or advantage.
"Shared Modifications" means those Modifications which Community Members elect to share with other Community Members.
"Technology Specifications" means the functional, interface and operational specifications and documentation for the Technology designated
by Original Contributor at the Technology Site from time to time.
"Technology" means the technology described in and contemplated by the Technology Specifications and which You have received pursuant
to this License.
"Technology Site" means the website designated by Original Contributor for accessing Community Code and Technology Specifications.
"You" means the individual executing this license or the legal entity or entities represented by the individual executing this license. "Your" is
the possessive of "You."
II. PURPOSE.
Original Contributor is licensing the Reference Code and Technology Specifications and is permitting implementation of Technology under
and subject to this Sun Community Source License (the "License") to promote research, education, innovation and product development
using the Technology.
COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY IS PERMITTEDONLY UNDER OPTIONAL SUPPLEMENTS TO
THIS LICENSE.
III. RESEARCH USE RIGHTS.
A. From Original Contributor. Subject to and conditioned upon Your full compliance with the terms and conditions of this License,
including Sections IV (Restrictions and Community Responsibilities) and V.E.7 (International Use), Original Contributor:
1. grants to You a non-exclusive, worldwide and royalty-free license to the extent of Original Contributor's copyrights and trade secret rights
in and covering the Reference Code and Technology Specifications to do the following for Your Research Use only: a) Reproduce, prepare
derivative works of, display and perform the Reference Code, in whole or in part, alone or as part of Covered Code; b) Reproduce, prepare
derivative works of and display the Technology Specifications; c) Distribute source or object code copies of Reference Code, in whole or in
part, alone or as part Covered Code, to other Community Members or to students; and d) Distribute object code copies of Reference
Code, in whole or in part, alone or as part of Covered Code to third parties.
2. will not, during the term of Your License, bring against You any claim alleging that Your using, making, having made, importing or
distributing Community Code for Your Research Use, insofar as permitted under Section III.A.1 of this License, necessarily infringes any
patent now owned or hereafter acquired by Original Contributor whose claims cover subject matter contained in or embodied by the
Reference Code or which would necessarily be infringed by the use or distribution of any and all implementations of the Technology
Specifications.
3. grants to You a non-exclusive, worldwide and royalty-free license, to the extent of its intellectual property rights therein, to use (a)
Original Contributor's class, interface and package names only insofar as necessary to accurately reference or invoke Your Modifications for
Research Use, and (b) any associated software tools, documents and information provided by Original Contributor at the Technology Site for
use in exercising the above license rights.
B. Contributed Code. Subject to and conditioned upon compliance with the terms and conditions of this License, including Sections IV
(Restrictions and Community Responsibilities) and V.E.7 (International Use), each Contributor:
1. grants to each Community Member a non-exclusive, worldwide and royalty-free license to the extent of such Contributor's copyrights
[and trade secret rights?] in and covering its Contributed Code, to reproduce, modify, display and distribute Contributed Code, in whole or in
part, in source code and object code form, to the same extent as permitted under such Community Member's License with Original
Contributor (including all supplements thereto).
2. will not, during the term of the Community Member's License, bring against any Community Member any claim alleging that using,
making, having made, importing or distributing Contributed Code as permitted under this License (including any supplements) infringes any
patents or patent applications now owned or hereafter acquired by such Contributor which patents or patent applications are infringed by
using, making, having made, selling, offering for sale, importing or otherwise transferring the Contributed Code ("Contributor Patents").
This covenant shall apply to the combination of the Contributed Code with other Covered Code if, at the time the Contributed Code is
posted by Contributor, such addition of the Contributed Code causes such combination to be covered by the Contributor Patents. The
covenant shall not apply to any other combinations which include the Contributed Code or to the use or distribution of modified Contributed
Code where the modifications made by the Community Member add to the functions performed by the Contributed Code in question and
where, in the absence of such modifications, there would be no infringement of a Contributor Patent.
3. grants to Original Contributor, in addition to the rights set forth in Sections III.B.1 and III.B.2, the right to sublicense all such rights in
Contributed Code, in whole or in part, as part of Reference Code or other technologies based in whole or in part on Reference Code or
Technology and to copy, distribute, modify and prepare derivative works of Contributed Code Specifications, in whole or in part, in
connection with the exercise of such rights.
C. Subcontracting. You may provide Covered Code to a contractor for the sole purpose of providing development services exclusively to
You consistent with Your rights under this License. Such Contractor must be a Community Member or have executed an agreement with
You that is consistent with Your rights and obligations under this License and that assigns exclusive rights in work product to You. You
agree that such work product is to be treated as Covered Code.
D. No Implied Licenses. Neither party is granted any right or license other than the licenses and covenants expressly set out herein. Other
than the licenses and covenants expressly set out herein, Original Contributor retains all right, title and interest in Reference Code and
Technology Specifications and You retain all right, title and interest in Your Modifications and associated specifications. Except as
expressly permitted herein, You may not otherwise use any package, class or interface naming conventions that appear to originate from
Original Contributor.
IV. RESTRICTIONS AND COMMUNITY RESPONSIBILITIES.
As a condition to Your license and other rights and immunities, You must comply with the restrictions and responsibilities set forth below, as
modified or supplemented, if at all, in Attachment B, Additional Research Use Terms and Conditions.
A. Source Code Availability. You must provide source code and any specifications for Your Error Corrections to Original Contributor as
soon as practicable. You may provide other Contributed Code to Original Contributor at any time, in Your discretion. Original Contributor
may, in its discretion, post Your Contributed Code and Contributed Code Specifications on the Technology Site. You may post Your
Contributed Code and/or Contributed Code Specifications on another website of Your choice; provided, source code of Community Code and
Technology Specifications may be provided to Community Members only and only following certification of Community Member status as
required under Section IV.D.
B. Notices. You must reproduce without alteration copyright and other proprietary notices in any Covered Code that You distribute. The
statement Use and Distribution is subject to the Sun Community Source License available at http://sun.com/software/communitysource must
appear prominently in Your Modifications and, in all cases, in the same file as all Your copyright and other proprietary notices.
C. Modifications. You must include a diff file with Your Contributed Code that identifies and details the changes or additions You made,
the version of Reference Code or Contributed Code You used and the date of such changes or additions. In addition, You must provide any
Contributed Code Specifications for Your Contributed Code. Your Modifications are Covered Code and You expressly agree that
use and distribution, in whole or in part, of Your Modifications shall only be done in accordance with and subject to this License.
D. Distribution Requirements. You may distribute object code of Covered Code to third parties for Research Use only pursuant to a license
of Your choice which is consistent with this License. You may distribute source code of Covered Code and the Technology Specifications
for Research Use only to (i) Community Members from whom You have first obtained a certification of status in the form set forth in
Attachment A-1, and (ii) students from whom You have first obtained an executed acknowledgment in the form set forth in Attachment A-2.
You must keep a copy of each such certificate and acknowledgment You obtain and provide a copy to Original Contributor, if requested. E.
Extensions.
1. You may create and add Interfaces but, unless expressly permitted at the Technology Site, You may not incorporate any Reference Code
in Your Interfaces. If You choose to disclose or permit disclosure of Your Interfaces to even a single third party for the purposes of enabling
such third party to independently develop and distribute (directly or indirectly) technology which invokes such Interfaces, You
must then make the Interfaces open by (a) promptly following completion thereof, publishing to the industry, on a non-confidential basis and
free of all copyright restrictions, a reasonably detailed, current and accurate specification for the Interfaces, and (b) as soon as reasonably
possible, but in no event more than thirty (30) days following publication of Your specification, making available on reasonable terms and
without discrimination, a reasonably complete and practicable test suite and methodology adequate to create and test implementations of
the Interfaces by a reasonably skilled technologist.
2. You shall not assert any intellectual property rights You may have covering Your Interfaces which would necessarily be infringed by the
creation, use or distribution of all reasonable independent implementations of Your specification of such Interfaces by a Community
Member or Original Contributor. Nothing herein is intended to prevent You from enforcing any of Your intellectual property rights
covering Your specific implementation of Your Interfaces or functionality using such Interfaces other than as specifically set forth in this
Section IV.E.2.
V. GOVERNANCE.
A. License Versions.
Only Original Contributor may promulgate new versions of this License. Once You have accepted Reference Code, Technology
Specifications, Contributed Code and/or Contributed Code Specifications under a version of this License, You may always continue to use
such version of Reference Code, Technology Specifications, Contributed Code and/or Contributed Code Specifications under that version of
the License. New code and specifications which You may subsequently choose to accept will be subject to any new License in effect at the
time of Your acceptance of such code and specifications.
B. Disclaimer Of Warranties.
1. COVERED CODE AND ALL TECHNOLOGY SPECIFICATIONS AND CONTRIBUTED CODESPECIFICATIONS ARE
PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT ANY COVERED CODE OR SPECIFICATIONS ARE FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE
ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL COVERED CODE OR
TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED CODE SPECIFICATIONS UNDER THIS LICENSE. NO USE OF ANY
COVERED CODE OR TECHNOLOGY SPECIFICATIONS OR CONTRIBUTED CODE SPECIFICATIONS IS AUTHORIZED EXCEPT
SUBJECT TO AND IN CONSIDERATION FOR THIS DISCLAIMER.
2. You understand that, although each Community Member grants the licenses set forth in the License and this Supplement, no assurances
are provided by any Community Member that Covered Code or any specifications do not infringe the intellectual property rights of any third
party.
3. You acknowledge that Reference Code and Technology Specifications are neither designed nor intended for use in the design,
construction, operation or maintenance of any nuclear facility.
C. Limitation Of Liability.
1. Infringement. Each Community Member disclaims any liability to all other Community Members for claims brought
by any third party based on infringement of intellectual property rights. Original Contributor represents that, to its knowledge, it has
sufficient copyrights to allow You to use and distribute the Reference Code as herein permitted (including as permitted in any Supplement
hereto) and You represent that, to Your knowledge, You have sufficient copyrights to allow each Community Member and Original
Contributor to use and distribute Your Shared Modifications and Error Corrections as contemplated herein permitted (including as permitted
in any Supplements to the License). You agree to notify Original Contributor should You become aware of any potential or actual
infringement of the Technology or any of Original Contributors intellectual property rights in the Technology, Reference Code or
Technology Specifications.
2. Suspension. If any portion of, or functionality implemented by, the Reference Code, Technology or Technology Specifications becomes
the subject of a claim or threatened claim of infringement ("Affected Materials"), Original Contributor may, in its unrestricted discretion,
suspend Your rights to use and distribute the Affected Materials under this License. Such suspension of rights will be effective immediately
upon Original Contributor's posting of notice of suspension on the Technology Site. Original Contributor has no obligation to lift the
suspension of rights relative to the Affected Materials until a final, non-appealable determination is made by a court or governmental agency
of competent jurisdiction that Original Contributor is legally able, without the payment of a fee or royalty, to reinstate Your rights to the
Affected Materials to the full extent contemplated hereunder. Upon such determination, Original Contributor will lift the suspension
by posting a notice to such effect on the Technology Site. Nothing herein shall be construed to prevent You, at Your option and expense, and
subject to applicable law and the restrictions and responsibilities set forth in this License and any Supplements, from replacing Reference
Code in Affected Materials with non-infringing code or independently negotiating, without compromising or prejudicing Original
Contributors position, to obtain the rights necessary to use Affected Materials as herein permitted.
3. Disclaimer. ORIGINAL CONTRIBUTOR'S LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THIS LICENSE OR ANY
SUPPLEMENT HERETO, WHETHER FOR BREACH OR TORT, IS LIMITED TO THE GREATER OF ONE THOUSAND DOLLARS
(US$1000.00) OR THE FULL AMOUNT PAID BY YOU FOR THE MATERIALS GIVING RISE TO THE CLAIM, IF ANY. IN NO
EVENT WILL ORIGINAL CONTRIBUTOR BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFITS, USE, DATA OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON
ANY THEORY OF LIABILITY WHETHER OR NOT ORIGINAL CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
D. Termination.
You may terminate this License at any time by notifying Original Contributor in writing.
All Your rights will terminate under this License if You fail to comply with any of the material terms or conditions of this License and do not
cure such failure in a reasonable period of time after becoming aware of such noncompliance.
If You institute patent litigation against a Community Member with respect to a patent applicable to Community Code, then any patent
licenses or covenants granted by such Community Member to You under this License shall terminate as of the date such litigation is filed. In
addition, if You institute patent litigation against any Community Member or Original Contributor alleging that Reference Code,
Technology or Technology Specifications infringe Your patent(s), then the rights granted to You under Section III.A above will terminate.
Upon termination, You must discontinue all uses and distribution of Community Code, except that You may continue to use, reproduce,
prepare derivative works of, display and perform Your Modifications, so long as the license grants and covenants of this license are not
required to do so, for purposes other than to implement functionality designated in any portion of the Technology Specifications. Properly
granted sublicenses to third parties will survive termination. Provisions which, by their nature, should remain in effect following termination
survive.
E. Miscellaneous.
1. Trademark. You agree to comply with Original Contributors Trademark & Logo Usage Requirements, as modified from time to time,
available at the Technology Site. Except as expressly provided in this License, You are granted no rights in or to any Sun, Jini, Jiro or Java
trademarks now or hereafter used or licensed by Original Contributor (the Sun Trademarks). You agree not to (a) challenge Original
Contributors ownership or use of Sun Trademarks; (b) attempt to register any Sun Trademarks, or any mark or logo substantially similar
thereto; or (c) incorporate any Sun Trademarks into You own trademarks, product names, service marks, company names or domain names.
2. Integration and Assignment. Original Contributor may assign this Research Use License to another by written notification to the other
party. This License represents the complete agreement of the parties concerning the subject matter hereof.
3. Severability. If any provision of this License is held unenforceable, such provision shall be reformed to the extent necessary to make it
enforceable unless to do so would defeat the intent of the parties.
4. Governing Law. This License is governed by the laws of the United States and the State of California, as applied to contracts entered into
and performed in California between California residents. The United Nations Convention on Contracts for the International Sale of Goods
shall not apply. Nor shall any law or regulation which provides that a contract be construed against the drafter.
5. Dispute Resolution. a) Any dispute arising out of or relating to this License shall be finally settled by arbitration as set forth in this
Section, except that either party may bring an action in a court of competent jurisdiction (which jurisdiction shall be exclusive), relative to
any dispute relating to such party's intellectual property rights. Arbitration will be administered (i) by the American Arbitration Association
(AAA), (ii) in accordance with the rules of the United Nations Commission on International Trade Law (UNCITRAL) (the Rules) in effect at
the time of arbitration, modified as set forth herein, and (iii) the arbitrator will apply the governing laws required under Section V.E.4 above.
Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to enforce such award. The arbitrator
may not award damages in excess of or of a different type than those permitted by this License and any such award is void.
b) All proceedings will be in English and conducted by a single arbitrator selected in accordance with the Rules who is fluent in English,
familiar with technology matters pertinent in the dispute and either a retired judge or practicing attorney having at least ten (10) years
litigation experience. Venue for arbitration will be in San Francisco, California, unless the parties agree otherwise. Each party will be
required to produce documents relied upon in the arbitration and to respond to no more than twenty-five single question interrogatories. All
awards are payable in US dollars and may include for the prevailing party (i) pre-judgment interest, (ii) reasonable attorneys
fees incurred in connection with the arbitration, and (iii) reasonable costs and expenses incurred in enforcing the award.
6. U.S. Government. If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor
or subcontractor (at any tier), then the Government's rights in this Software and accompanying documentation shall be only as set forth in
this license; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense acquisitions) and with 48 CFR
2.101 and 12.212 (for non-DoD acquisitions).
7. International Use. (a) Covered Code is subject to US export control laws and may be subject to export or import regulations in other
countries. Each party shall comply fully with all such laws and regulations and acknowledges its responsibility to obtain such licenses to
export, re-export or import as may be required. You must pass through these obligations to all Your licensees. (b) You may not distribute
Reference Code or Technology Specifications into countries other than those listed on the Technology Site by Original Contributor, from
time to time.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF A COMPANY,
YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND THE COMPANY TO
THE LICENSE.
WHETHER YOU ARE ACTING ON YOUR OWN BEHALF OR THAT OF A
COMPANY, YOU MUST BE OF MAJORITY AGE AND OTHERWISE COMPETENT
TO ENTER INTO CONTRACTS.
ATTACHMENT A-1 COMMUNITY MEMBER CERTIFICATE
You certify that You are a Licensee in good standing under the Sun Community Source License for the ____________ Technology (fill in
applicable Technology and Version) (License) and that You agree to use and distribute code, documentation and information You may obtain
pursuant to this certification only in accordance with the terms and subject to the conditions of the License.
Add to the end of the foregoing, as appropriate:
For written documents:
Signature:____________________
Printed Name and Title:_____________________
Company _____________________
For web downloads add buttons with the following:
Agreed and Accepted Reject and Exit
ATTACHMENT A-2 STUDENT ACKNOWLEDGEMENT
You acknowledge that this software and related documentation has been obtained by your educational institution subject to the Sun
Community Source License (the License). You have been provided with access to the software and documentation for use only in
connection with your course work as a matriculated student of your educational institution. Commercial use of the software and
documentation is expressly prohibited.
THIS SOFTWARE AND RELATED DOCUMENTATION CONTAINS PROPRIETARY MATERIALS OF SUN MICROSYSTEMS, INC.
PROTECTED BY VARIOUS INTELLECTUAL PROPERTY RIGHTS. YOUR USE OF THE SOFTWARE AND DOCUMENTATION IS
LIMITED.
- - - - - - - - - Add to the end of the foregoing, as
appropriate:
For written documents:
Signature:____________________
Printed Name :_____________________
For web downloads add buttons with the following:
Agreed and Accepted Reject and Exit
ATTACHMENT B (ADDITIONAL TERMS/RESPONSIBILITIES): NONE
- v10.2, 01/25/00 (SH) COMMERCIAL USE SUPPLEMENT TO SUN
COMMUNITY SOURCE CODE LICENSE GENERAL TERMS
I. PURPOSE AND EFFECT.
This Commercial Use Supplement General Terms (CUSupp) is required for Commercial Use of Covered Code and, once signed by You and
Original Contributor, is operative for all Technologies specified in all Technology Specific Attachment(s) hereto. The rights and
responsibilities set forth in this CUSupp are additional to those in Your License.
II. DEFINITIONS.
"Commercial Use" means uses and distributions of Covered Code for any direct or indirect commercial or strategic gain or advantage.
"Compliant Implementation" means Covered Code that fully implements the Technology Specifications and complies with all Test
Requirements.
"Compliance Materials" means the test programs, guides, documentation and other materials identified in the Technology-Specific
Attachment(s) for use in establishing that Covered Code is a Compliant Implementation.
"Technology-Specific Attachment(s)" means an attachment or attachments to this CUsupp which contains terms and conditions specific to
the Technology therein identified as well as the specifics of the Compliance Materials and requirements for such Technology.
III. COMMERCIAL USE RIGHTS.
A. Subject to and conditioned upon Your compliance with the terms and conditions of Your Research Use license and the additional terms
and conditions set forth in this CUSupp and associated Technology-Specific Attachnment(s), including the provisions of Section IV, Original
Contributor hereby adds to those rights enumerated under Section III.A.1 of the Research Use license the rights to:
e) use the Compliance Materials to determine whether Covered Code constitutes a Compliant Implementation; f) use, reproduce, display,
perform and distribute internally source and object code copies of Compliant Implementations for Commercial Use; g) reproduce and
distribute to third parties and Community Members through multiple tiers of distribution object code copies of Compliant Implementations
for Commercial Use; and h) reproduce and distribute a copy of the Technology Specifications (which may be reformatted, but
must remain substantively unchanged) with Compliant Implementations for Commercial Use.
B. In addition, Original Contributors covenant under Section III.A.2 is hereby expanded to include Your using, making, having made,
selling, importing and distributing Compliant Implementations for Commercial Use insofar as permitted above.
IV. ADDITIONAL REQUIREMENTS AND COMMUNITY RESPONSIBILITIES.
As a condition to the Commercial Use rights granted above, You must comply with the following restrictions and community responsibilities
(in addition to those in the License):
F. Compliance Materials. Depending on the Technology licensed, Your access to and use of the Compliance Materials may be subject to
additional requirements such as entering into a support agreement and trademark license. Such additional requirements, if any, are as set out
in the Technology-Specific Attachment. You agree to comply fully with all such applicable requirements.
G. Compatibility. Only Compliant Implementations may be used and distributed for Commercial Use.
H. Commericial Distribution Requirement. You may distribute object code copies for Commercial Use as herein contemplated under a
license agreement of Your choice which is consistent with Your rights and obligations under the License and this CUSupp. You may provide
warranties, indemnities and/or other additional terms and conditions in Your license agreements, provided that it is clear that such
additional terms and conditions are offered by You only and You agree to hold each Community Member harmless and indemnify them
against any liability arising in connection with such terms and conditions. You will pay all damages, costs and fees awarded by a court or
arbitrator having jurisdiction over the matter or any settlement amount negotiated by You and attributable to such claim.
I. Defense. Original Contributor will have the right, but not the obligation, to defend You, at Original Contributor's expense, in connection
with a claim that Your Commercial Use of Reference Code is an infringement of a third party's intellectual property rights, in which case
You agree to cooperate with Original Contributor and Original Contributor will pay all damages costs and fees awarded by a court or
tribunal of competent jurisdiction, or such settlement amount negotiated by Original Contributor and attributable to such claim.
J. Notices. All notices required by the License and this Supplement must be in writing and delivered by means evidenced by delivery receipt
and will be effective upon receipt at the addresses specified below.
K. Relationship. The relationship created is that of licensor and licensee only. You hereby waive the benefit of any law or regulation
dealing with the establishment and regulation of franchises or agencies.
Agreed:
You Original Contributor
________________________ Sun Microsystems, Inc.
By:_____________________ By:__________________
Title:__________________ Title:_________________
Date:____________________ Date:________________
TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE
LICENSE
JMX AGENT VERSION 1.0
1. Effect. This Technology Specific Attachment to the Commercial Use Supplement applies to the JMX Agent, version 1.0, as described on
the Technology Site. The rights and responsibilities set forth in this Technology Specific Attachment are additional to those in Your License
and the CUSupp.
2. Term. Upon execution of the CUSupp by You and Original Contributor, this Commercial Use license shall have an initial term of five
years and shall automatically renew for additional one year terms unless either party provides notice to the other no less than 180 days prior
to an anniversary date.
3. Additional Requirements and Responsibilities. In addition to the requirements and responsibilities specified in the License and CUSupp,
and as a condition to exercising the rights granted therein, You agree to the following additional requirements and responsibilities:
a) Distribution of Object Code. Object code versions of Compliant Implementations distributed for Commercial Use must include a
description of the specific configurations You used to achieve compliance with the Compliance Materials. Such description must include the
system configuration, applicable operating system and version, and all other required software services and installations, and
which must be installed for end users to operate such Compliant Implementations. This information must be publicly available and freely
and readily accessible to potential end users prior to licensing or purchase of such Compliant Implementations.
b) Branding. You may not claim that You are distributing a JMX Agent Compliant Implementation unless and until You provide your test
results as required pursuant to Section 7.d) below.
c) Field of Use:_____________________________
4. Support Programs.
a) Support to You. Technical support is not provided to You by Original Contributor under this License. You may obtain one or more
support programs from Original Contributor relating to the Technology which are described on the Technology Site.
b) Customer Support. You are responsible for providing technical and maintenance support services to Your customers for Your products
and services incorporating the Compliant Implementation.
5. Compliance Materials; Use Restrictions.
Compliance Materials: JMX Agent Compatibility Kit, version
1.0
a) The license set forth in Section III.A.1.e of the CUSupp for the Compliance Materials is effective only upon execution of a separate
support agreement between You and Original Contributor (subject to an annual fee) as described on the Technology Site. The Compliance
Materials for the Technology may be accessed at the Technology Site only upon execution of the support agreement.
b) You are not authorized to create derivative works of the Compliance Materials or use the Compliance Materials to test any implementation
of the Technology Specifications that are not Covered Code. You must not publish your test results or make claims of comparative
compatibility with respect to other implementations of the Technology Specifications. In consideration for the license grant in Section
III.A.1.e of the CUSupp, You agree not to develop Your own tests which are intended to validate conformance with the Technology
Specifications.
6. Requirements for Determining Compliance.
a) Definitions.
"Added Value" means code which: (i) has a principal purpose which is substantially different from that of the stand-alone Technology; (ii)
represents a significant functional and value enhancement to the Technology; (iii) operates in conjunction with the Technology; and (iv) is
not marketed as a technology which replaces or substitutes for the Technology.
"Java Classes" means the specific class libraries associated with the Technology to which this Technology Specific Attachment applies as set
forth on the Technology Site.
"Java Runtime Interpreter" means the program(s) which implement the Java virtual machine for the Technology as defined in the Technology
Specification.
"Platform Dependent Part" means those Reference Code files of the Technology which are not in a "share" directory or subdirectory thereof.
"Shared Part" means those Reference Code files of the Technology which are identified as "shared" (or words of similar meaning) or which
are in any "share" directory or subdirectory thereof, except those files specifically designated by Original Contributor as modifiable.
"User's Guide" means the users guide for the Compliance Materials which Sun makes available to You to provide direction in how to use the
Compliance Materials and properly interpret the results, as may be revised by Sun from time to time.
b) Development Restrictions.
A Compliant Implementation:
i) must include Added Value;
ii) must fully comply with the Technology Specifications for the Technology to which this Technology Specific Attachment applies;
iii) must include the Shared Part, complete and unmodified;
iv) must not modify the functional behavior of the Java Runtime Interpreter or the Java Classes;
v) must not modify, subset or superset the interfaces of the Java Runtime Interpreter or the Java Classes;
vi) must not subset or superset the Java Classes; and
vii) must not modify or extend the required public class or public interface declarations whose names begin with
"java", "javax", "jini", "net.jini", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention.
c) Compatibility Testing. Successful compatibility testing must be completed by You, or at Original Contributor's option, a third party
designated by Original Contributor, to conduct such tests, in accordance with the User's Guide, and using the most current version of the
applicable Compliance Materials available from Original Contributor one hundred twenty (120) days (two hundred forty [240] days in the
case of silicon mplementations) prior to each release of a Compliant Implementation by You for Commercial Use. In the event that You
elect to use a version of Reference Code that is newer than that which is required under this Section 6.c, then You agree to pass the version of
the Compliance Materials that corresponds to such newer version of Reference Code.
d) Test Results. You agree to provide to Original Contributor or the third party test facility if applicable, Your test results that demonstrate
that Covered Code is a Compliant Implementation, and that Original Contributor may publish or otherwise distribute such test results.
Agreed:
You Original Contributor
________________________ Sun Microsystems, Inc.
By:_____________________ By:________________________
Title:___________________ Title:_____________________
Date:____________________ Date:______________________
TECHNOLOGY SPECIFIC ATTACHMENT TO THE SUN COMMUNITY SOURCE LICENSE
JMX INSTRUMENTATION VERSION 1.0
1. Effect. This Technology Specific Attachment to the Commercial Use Supplement applies to the JMX Instrumentation, version 1.0, as
described on the Technology Site. The rights and responsibilities set forth in this Technology Specific Attachment are additional to those in
Your License and the CUSupp.
2. Term. Upon execution of the CUSupp by You and Original Contributor, this Commercial Use license shall have an
initial term of five years and shall automatically renew for additional one year terms unless either party provides notice to the other no less
than 180 days prior to an anniversary date.
3. Additional Requirements and Responsibilities. In addition to the requirements and responsibilities specified in the License and CUSupp,
and as a condition to exercising the rights granted therein, You agree to the following additional requirements and responsibilities:
a) Distribution of Object Code.
Object code versions of Compliant Implementations distributed for Commercial Use:
i. must be integrated and distributed with the hardware and/or software that are instrumented (i.e., made manageable) with the
Technology, or must be configured to instrument an already deployed hardware and/or software resource; and
ii.must not be distributed without the Compliance Materials, or must not be distributed without notice to the end users that the
Compliance Materials can be freely downloaded from the Technology Site.
b) Field of Use:_____________________________
4. Support Programs.
a) Support to You. Technical support is not provided to You by Original Contributor under this License. You may obtain one or more
support programs from Original Contributor relating to the Technology which are described on the Technology Site.
b) Customer Support. You are responsible for providing technical and maintenance support services to Your customers for Your products
and services incorporating the Compliant Implementation.
5. Royalties and Payments.
Royalty per Unit $: None.
6. Compliance Materials; Use Restrictions.
Compliance Materials: JMX Instrumentation Conformance Test Tool, version 1.0
You are not authorized to create derivative works of the Compliance Materials or use the Compliance Materials to test any implementation of
the Technology Specifications that are not Covered Code. You must not publish your test results or make claims of comparative
compatibility with respect to other implementations of the Technology Specifications. In consideration for the license grant in Section
III.A.1.e of the CUSupp, You agree not to develop Your own tests which are intended to validate conformance with the Technology
Specifications.
7. Requirements for Determining Compliance.
a) Definitions.
"Added Value" means code which: (i) has a principal purpose which is substantially different from that of the stand-alone Technology; (ii)
represents a significant functional and value enhancement to the Technology; (iii) operates in conjunction with the Technology; and (iv) is
not marketed as a technology which replaces or substitutes for the Technology.
"Java Classes" means the specific class libraries associated with the Technology to which this Technology Specific Attachment applies as set
forth on the Technology Site.
"Java Runtime Interpreter" means the program(s) which implement the Java virtual machine for the Technology as defined in the Technology
Specification.
"Platform Dependent Part" means those Reference Code files of the Technology which are not in a "share" directory or subdirectory thereof.
"Shared Part" means those Reference Code files of the Technology which are identified as "shared" (or words of similar meaning) or which
are in any "share" directory or subdirectory thereof, except those files specifically designated by Original Contributor as modifiable.
"User's Guide" means the users guide for the Compliance Materials which Sun makes available to You to provide direction in how to use the
Compliance Materials and properly interpret the results, as may be revised by Sun from time to time.
b) Development Restrictions.
A Compliant Implementation:
i) must include Added Value;
ii) must fully comply with the Technology Specifications for the Technology to which this Technology Specific Attachment applies;
iii) must include the Shared Part, complete and unmodified;
iv) must not modify the functional behavior of the Java Runtime Interpreter or the Java Classes;
v) must not modify, subset or superset the interfaces of the Java Runtime Interpreter or the Java Classes;
vi) must not subset or superset the Java Classes;
vii) must not modify or extend the required public class or public interface declarations whose names begin with
"java", "javax", "jini", "net.jini", "sun.hotjava", "COM.sun" or their equivalents in any subsequent naming convention;
viii) must be integrated and distributed with the hardware and/or software that are instrumented (i.e., made manageable) with the
Technology, or must be configured to instrument an already deployed hardware and/or software resource; and
ix) must be configured to run only in conjunction with an implementation of the JMX Agent Technology version 1.0 from Sun or a third
party that meets Sun's compatibility requirements, in binary form and as specified in the User's Guide.
c) Compatibility Testing. Successful compatibility testing must be completed by You, or at Original Contributor's option, a third party
designated by Original Contributor, to conduct such tests, in accordance with the User's Guide, and using the most current version of the
applicable Compliance Materials available from Original Contributor one hundred twenty (120) days (two hundred forty [240] days in the
case of silicon implementations) prior to each release of a Compliant Implementation by You for Commercial Use. In the event that You
elect to use a version of Reference Code that is newer than that which is required under this Section 7.c, then You agree to pass the version of
the Compliance Materials that corresponds to such newer version of Reference Code.
d) Test Results. You agree to provide to Original Contributor or the third party test facility if applicable, Your test results that demonstrate
that Covered Code is a Compliant Implementation, and that Original Contributor may publish or otherwise distribute such test results.
Agreed:
You Original Contributor
________________________ Sun Microsystems, Inc.
By:_____________________ By:____________________
Title:___________________ Title:_________________
Date:____________________ Date:__________________
XVII. Binary Code License Agreement for Java Naming and Directory Interface � version 1.2.1 (jndi and providerutil) and any of
the following :
LDAP service provider version 1.2.3,
NIS service provider version 1.2.1,
RMI Registry service provider version 1.2.1,
FS Context service provider version 1.2 beta 3 release,
COS Naming service provider version 1.2.1,
or Demo
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software
and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer
hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile,
or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction,
operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or
interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of
the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except
for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE
DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS
BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED
TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by
you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement.
Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge
that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government
prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set
forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions)
and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of
law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional
terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this
Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
XVIII. Supplemental License Terms for Java Naming and Directory Interface � version 1.2.1 (jndi and providerutil) and any of the
following :
LDAP service provider version 1.2.3,
NIS service provider version 1.2.1,
RMI Registry service provider version 1.2.1,
FS Context service provider version 1.2 beta 3 release,
COS Naming service provider version 1.2.1,
or Demo
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively,
the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the
Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained
within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to
Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license to reproduce internally and use internally the binary form of the Software for the sole purpose of designing, developing and testing
your Java applets and applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of
these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology
Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form only,
provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute
additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices
contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the
terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any
third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You 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 you create an additional class and associated API(s) which (i) extends the
functionality of the Java Platform, and (ii) is exposed to third party software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers.
You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as
"java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE,
STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL
and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
inures to Sun's benefit.
5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in this Agreement.
6. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
------------------------------------------------------------------------------------------------------------------
XIX. Binary Code License Agreement for Java(TM) Transaction API (JTA) 1.1
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to
You.
Software: Java(TM) Transaction API (JTA) Specification
1.1
License Term: Perpetual (subject to termination under
the SLA)
Licensed Unit: Software Copy
Licensed unit Count: Unlimited
Permitted Uses:
1. You may reproduce and use the Software for Your own
Individual, Commercial, or Research and Instructional
Use for the purposes of designing, developing,
testing, and running Your applets and application
("Programs").
2. Subject to the terms and conditions of this
Agreement and restrictions and exceptions set forth in
the Software's documentation, You may reproduce and
distribute portions of Software identified as a
redistributable in the documentation
("Redistributable"), provided that:
(a) You distribute Redistributable complete and
unmodified and only bundled as part of Your Programs,
(b) Your Programs add significant and primary
functionality to the Redistributable,
(c) You distribute Redistributable for the sole
purpose of running Your Programs,
(d) You do not distribute additional software intended
to replace any component(s) of the Redistributable,
(e) You do not remove or alter any proprietary legends
or notices contained in or on the Redistributable.
(f) You only distribute the Redistributable subject to
a license agreement that protects Sun's interests
consistent with the terms contained in this Agreement,
and
(g) You agree to defend and indemnify Sun and its
licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses
(including attorneys' fees) incurred in connection
with any claim, lawsuit or action by any third party
that arises or results from the use or distribution of
any and all Programs and/or Redistributable.
3. Java Technology Restrictions. You may not create,
modify, or change the behavior of, or authorize your
licensees to create, modify, or change the behavior
of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or
similar convention as specified by Sun in any naming
convention designation.
Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT")
CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY
OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS
OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE
TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF
THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE
TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR
PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS
ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR
"EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU
HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER
TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN
SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE
TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER
TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of
applicable documents authorized by Sun evidencing your
obligation to pay associated fees (if any) for the
license, associated Services, and the authorized scope
of use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by
which your use of Software and/or Service is licensed,
as described in your Entitlement.
(c) "Permitted Use" means the licensed Software
use(s) authorized in this Agreement as specified in
your Entitlement. The Permitted Use for any bundled
Sun software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its
delegate will provide, if any, as selected in your
Entitlement and as further described in the applicable
service listings at www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in
your Entitlement. Also, certain software may be
included for evaluation use under Section 3.
(f) "You" and "Your" means the individual or legal
entity specified in the Entitlement, or for evaluation
purposes, the entity performing the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants
you a nonexclusive, nontransferable limited license to
use Software for its Permitted Use for the license
term. Your Entitlement will specify (a) Software
licensed, (b) the Permitted Use, (c) the license term,
and (d) the Licensed Units.
Additionally, if your Entitlement includes Services,
then it will also specify the (e) Service and (f)
service term.
If your rights to Software or Services are limited in
duration and the date such rights begin is other than
the purchase date, your Entitlement will provide that
beginning date(s).
The Entitlement may be delivered to you in various
ways depending on the manner in which you obtain
Software and Services, for example, the Entitlement
may be provided in your receipt, invoice or your
contract with Sun or authorized Sun reseller. It may
also be in electronic format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the
following Permitted Uses will apply to your use of
Software. Unless you have an Entitlement that
expressly permits it, you may not use Software for any
of the other Permitted Uses. If you don't have an
Entitlement, or if your Entitlement doesn't cover
additional software delivered to you, then such
software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software
internally for a period of 90 days from your first
use.
(b) Research and Instructional Use. You may use
Software internally to design, develop and test, and
also to provide instruction on such uses.
(c) Individual Use. You may use Software internally
for personal, individual use.
(d) Commercial Use. You may use Software internally
for your own commercial purposes.
(e) Service Provider Use. You may make Software
functionality accessible (but not by providing
Software itself or through outsourcing services) to
your end users in an extranet deployment, but not to
your affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of
Licensed Units stated in your Entitlement. If you
require additional Licensed Units, you will need
additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this
Agreement are licensed, not sold, to you by Sun. Sun
reserves all rights not expressly granted. (b) You may
make a single archival copy of Software, but otherwise
may not copy, modify, or distribute Software. However
if the Sun documentation accompanying Software lists
specific portions of Software, such as header files,
class libraries, reference source code, and/or
redistributable files, that may be handled
differently, you may do so only as provided in the Sun
documentation. (c) You may not rent, lease, lend or
encumber Software. (d) Unless enforcement is
prohibited by applicable law, you may not decompile,
or reverse engineer Software. (e) The terms and
conditions of this Agreement will apply to any
Software updates, provided to you at Sun's discretion,
that replace and/or supplement the original Software,
unless such update contains a separate license. (f)
You may not publish or provide the results of any
benchmark or comparison tests run on Software to any
third party without the prior written consent of Sun.
(g) Software is confidential and copyrighted. (h)
Unless otherwise specified, if Software is delivered
with embedded or bundled software that enables
functionality of Software, you may not use such
software on a stand-alone basis or use any portion of
such software to interoperate with any program(s)
other than Software. (i) Software may contain programs
that perform automated collection of system data
and/or automated software updating services. System
data collected through such programs may be used by
Sun, its subcontractors, and its service delivery
partners for the purpose of providing you with remote
system services and/or improving Sun's software and
systems. (j) Software is not designed, licensed or
intended for use in the design, construction,
operation or maintenance of any nuclear facility and
Sun and its licensors disclaim any express or implied
warranty of fitness for such uses. (k) No right, title
or interest in or to any trademark, service mark, logo
or trade name of Sun or its licensors is granted under
this Agreement.
6. Term and Termination.
The license and service term are set forth in your
Entitlement(s). Your rights under this Agreement will
terminate immediately without notice from Sun if you
materially breach it or take any action in derogation
of Sun's and/or its licensors' rights to Software. Sun
may terminate this Agreement should any Software
become, or in Sun's reasonable opinion likely to
become, the subject of a claim of intellectual
property infringement or trade secret
misappropriation. Upon termination, you will cease use
of, and destroy, Software and confirm compliance in
writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not
create additional classes to, or modifications of, the
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Sun supports and benefits from the global community of
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Please note that portions of Software may be provided
with notices and open source licenses from such
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Software in this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from
the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if
any) will be free of defects in materials and
workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your
exclusive remedy and Sun's entire liability under this
limited warranty will be at Sun's option to replace
Software media or refund the fee paid for Software.
Some states do not allow limitations on certain
implied warranties, so the above may not apply to you.
This limited warranty gives you specific legal rights.
You may have others, which vary from state to state.
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UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR
IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
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TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
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OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE
SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
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you for Software under this Agreement. The foregoing
limitations will apply even if the above stated
warranty fails of its essential purpose. Some states
do not allow the exclusion of incidental or
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not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other
materials delivered under this Agreement are subject
to U.S. export control laws and may be subject to
export or import regulations in other countries. You
agree to comply strictly with these laws and
regulations and acknowledge that you have the
responsibility to obtain any licenses to export,
re-export, or import as may be required after delivery
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If Software is being acquired by or on behalf of the
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Government's rights in Software and accompanying
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Agreement; this is in accordance with 48 CFR 227.7201
through 227.7202-4 (for Department of Defense (DOD)
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13. Governing Law.
Any action related to this Agreement will be governed
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If any provision of this Agreement is held to be
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This Agreement, including any terms contained in your
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--------------------------------------------------------------------------------------
LICENSE TERMS FOR JUNIT (3.8.2) THAT MAY ACCOMPANY THE SOFTWARE
per http://junit.sourceforge.net/cpl-v10.html as at 2007-02-20.
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.
--------------------------------------------------------------------------------------
JUnit 4.6:
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.
-------------------------------------------------------------------------------------------------------
LICENSE TERMS FOR LRMP/INRIS THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE SOFTWARE THAT IS
LRMP/INRIA SOFTWARE AND DOES NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY THIRD PARTY PRODUCTS TERMS
ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
LRMP/INRIA
COPYRIGHT 1997/1998 BY: MASSACHUSETTS INSTITUTE OF TECHNOLOGY (MIT), INRIA
This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software,
you 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 for any purpose and without fee or royalty is hereby
granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including
modifications, that you make.
THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO
REPRESENTATIONS OR 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 BEAR NO LIABILITY FOR ANY USE OF THIS 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.
LICENSE TERMS FOR JYACC SOFTWARE THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE
SOFTWARE THAT IS JYACC SOFTWARE AND DOES NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY THIRD PARTY
PRODUCTS TERMS ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
JYACC.JAR
CUP Parser Generator Copyright Notice, License, and Disclaimer
Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty
disclaimer appear in supporting documentation, and that the names of the authors or their employers not be used in advertising or publicity
pertaining to distribution of the software without specific, written prior permission.
The authors and their employers disclaim all warranties with regard to this software, including all implied warranties of merchantability and
fitness. In no event shall the authors or their employers be liable for any special, indirect or consequential damages or any damages
whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in
connection with the use or performance of this software.
LICENSE TERMS FOR JLEX SOFTWARE THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE
SOFTWARE THAT IS JLEX SOFTWARE AND DOES NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY THIRD PARTY PRODUCTS
TERMS ASSOCIATED WITH OTHER ELEMENTS OF THE SOFTWARE.
JLex:
A lexical analyzer generator for Java(TM)
Elliot Berk
Department of Computer Science, Princeton University
Version 1.2, May 5, 1997
Manual revision October 29, 1997
Last updated September 6, 2000 for JLex 1.2.5
(latest version can be obtained from http://www.cs.princeton.edu/~appel/modern/java/JLex/ )
--------------------------------------------------------------------------------
6.1 Credits
The treatment of lexical analyzer generators given in Alan Holub's Compiler Design in C (Prentice-Hall, 1990) provided a starting point for
my implementation.
Discussions with Professor Andrew Appel of the Princeton University Computer Science Department provided guidance in the design of
JLex.
Java is a trademark of Sun Microsystems Incorporated.
--------------------------------------------------------------------------------
6.2 Copyright
JLex COPYRIGHT NOTICE, LICENSE AND DISCLAIMER.
Copyright 1996 by Elliot Joel Berk.
Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted,
provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty
disclaimer appear in supporting documentation, and that the name of Elliot Joel Berk not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior permission.
Elliot Joel Berk disclaims all warranties with regard to this software, including all implied warranties of merchantability and fitness. In no
event shall Elliot Joel Berk be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use,
data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or
performance of this software.
--------------------------------------------------------------------------------
Frank Flannery
Wed Jul 24 00:27:39 EDT 1996
LICENSE TERMS FOR GNU SOFTWARE THAT MAY ACCOMPANY THE ARJUNA SOFTWARE
THE TERMS AND CONDITIONS APPEARING BELOW APPLY ONLY TO THAT PORTION OF THE SOFTWARE THAT IS GNU
SOFTWARE AND DOES NOT OVERRIDE ANY ARJUNA SOFTWARE OR ANY THIRD PARTY PRODUCTS TERMS ASSOCIATED
WITH OTHER ELEMENTS OF THE SOFTWARE.
GNU LESSER GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By
contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change
free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some specially designated software packages--
typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it
too, but we suggest you first think carefully about whether this license or the ordinary General Public
License is the better strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use, not price. Our General Public
Licenses are designed to make sure that you have the freedom to distribute copies of free software (and
charge for this service if you wish); that you receive source code or can get it if you want it; that you can
change the software and use pieces of it in new free programs; and that you are informed that you can do
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To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to
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For example, if you distribute copies of the library, whether gratis or for a fee, you must give the
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must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this
license, which gives you legal permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that there is no warranty for the free library.
Also, if the library is modified by someone else and passed on, the recipients should know that what they
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Finally, software patents pose a constant threat to the existence of any free program. We wish to make
sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive
license from a patent holder. Therefore, we insist that any patent license obtained for a version of the
library must be consistent with the full freedom of use specified in this license.
Most GNU software, including some libraries, is covered by the ordinary GNU General Public License.
This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite
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-------------------------------------------------------------------------------
Java Service Wrapper licence:
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----
getpids is GPL ...
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9. The Free Software Foundation may publish revised and/or new versions
of the General Public License from time to time. Such new versions will
be similar in spirit to the present version, but may differ in detail to
address new problems or concerns.
Each version is given a distinguishing version number. If the Program
specifies a version number of this License which applies to it and "any
later version", you have the option of following the terms and conditions
either of that version or of any later version published by the Free
Software Foundation. If the Program does not specify a version number of
this License, you may choose any version ever published by the Free Software
Foundation.
10. If you wish to incorporate parts of the Program into other free
programs whose distribution conditions are different, write to the author
to ask for permission. For software which is copyrighted by the Free
Software Foundation, write to the Free Software Foundation; we sometimes
make exceptions for this. Our decision will be guided by the two goals
of preserving the free status of all derivatives of our free software and
of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR
REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest
possible use to the public, the best way to achieve this is to make it
free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest
to attach them to the start of each source file to most effectively
convey the exclusion of warranty; and each file should have at least
the "copyright" line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it does.>
Copyright (C) <year> <name of author>
This program is free software; you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation; either version 2 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program; if not, write to the Free Software
Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and paper mail.
If the program is interactive, make it output a short notice like this
when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate
parts of the General Public License. Of course, the commands you use may
be called something other than `show w' and `show c'; they could even be
mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a programmer) or your
school, if any, to sign a "copyright disclaimer" for the program, if
necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in the program
`Gnomovision' (which makes passes at compilers) written by James Hacker.
<signature of Ty Coon>, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating your program into
proprietary programs. If your program is a subroutine library, you may
consider it more useful to permit linking proprietary applications with the
library. If this is what you want to do, use the GNU Library General
Public License instead of this License.