-
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
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.
-
-
-
-APACHE TOMCAT SUBCOMPONENTS:
-
-Apache Tomcat includes a number of subcomponents with separate copyright notices
-and license terms. Your use of these subcomponents is subject to the terms and
-conditions of the following licenses.
-
-
-For the jasper-jdt.jar component:
-
-Eclipse Public License - v 1.0
-
-THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 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 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.
-The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
-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.
-
-
-For the Windows Installer component:
-
- * All NSIS source code, plug-ins, documentation, examples, header files and
- graphics, with the exception of the compression modules and where
- otherwise noted, are licensed under the zlib/libpng license.
- * The zlib compression module for NSIS is licensed under the zlib/libpng
- license.
- * The bzip2 compression module for NSIS is licensed under the bzip2 license.
- * The lzma compression module for NSIS is licensed under the Common Public
- License version 1.0.
-
-zlib/libpng license
-
-This software is provided 'as-is', without any express or implied warranty. In
-no event will the authors be held liable for any damages arising from the use of
-this software.
-
-Permission is granted to anyone to use this software for any purpose, including
-commercial applications, and to alter it and redistribute it freely, subject to
-the following restrictions:
-
- 1. The origin of this software must not be misrepresented; you must not claim
- that you wrote the original software. If you use this software in a
- product, an acknowledgment in the product documentation would be
- appreciated but is not required.
- 2. Altered source versions must be plainly marked as such, and must not be
- misrepresented as being the original software.
- 3. This notice may not be removed or altered from any source distribution.
-
-bzip2 license
-
-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. The origin of this software must not be misrepresented; you must not claim
- that you wrote the original software. If you use this software in a
- product, an acknowledgment in the product documentation would be
- appreciated but is not required.
- 3. Altered source versions must be plainly marked as such, and must not be
- misrepresented as being the original software.
- 4. The name of the author may not be used to endorse or promote products
- derived from this software without specific prior written permission.
-
-THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED
-WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
-MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
-SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
-EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
-OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
-INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
-CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
-IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
-OF SUCH DAMAGE.
-
-Julian Seward, Cambridge, UK.
-
-jseward@acm.org
-Common Public License version 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.
-
-Special exception for LZMA compression module
-
-Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for
-NSIS, expressly permit you to statically or dynamically link your code (or bind
-by name) to the files from the LZMA compression module for NSIS without
-subjecting your linked code to the terms of the Common Public license version
-1.0. Any modifications or additions to files from the LZMA compression module
-for NSIS, however, are subject to the terms of the Common Public License version
-1.0.
-
-
-For the following XML Schemas for Java EE Deployment Descriptors:
- - javaee_5.xsd
- - javaee_web_services_1_2.xsd
- - javaee_web_services_client_1_2.xsd
-
-COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
-
-1. Definitions.
-
- 1.1. Contributor. means each individual or entity that creates or contributes
- to the creation of Modifications.
-
- 1.2. Contributor Version. means the combination of the Original Software,
- prior Modifications used by a Contributor (if any), and the
- Modifications made by that particular Contributor.
-
- 1.3. Covered Software. means (a) the Original Software, or (b) Modifications,
- or (c) the combination of files containing Original Software with files
- containing Modifications, in each case including portions thereof.
-
- 1.4. Executable. means the Covered Software in any form other than Source
- Code.
-
- 1.5. Initial Developer. means the individual or entity that first makes
- Original Software available under this License.
-
- 1.6. Larger Work. means a work which combines Covered Software or portions
- thereof with code not governed by the terms of this License.
-
- 1.7. License. means this document.
-
- 1.8. Licensable. means having the right to grant, to the maximum extent
- possible, whether at the time of the initial grant or subsequently
- acquired, any and all of the rights conveyed herein.
-
- 1.9. Modifications. means the Source Code and Executable form of any of the
- following:
-
- A. Any file that results from an addition to, deletion from or
- modification of the contents of a file containing Original Software
- or previous Modifications;
-
- B. Any new file that contains any part of the Original Software or
- previous Modification; or
-
- C. Any new file that is contributed or otherwise made available under
- the terms of this License.
-
- 1.10. Original Software. means the Source Code and Executable form of
- computer software code that is originally released under this License.
-
- 1.11. Patent Claims. means any patent claim(s), now owned or hereafter
- acquired, including without limitation, method, process, and apparatus
- claims, in any patent Licensable by grantor.
-
- 1.12. Source Code. means (a) the common form of computer software code in
- which modifications are made and (b) associated documentation included
- in or with such code.
-
- 1.13. You. (or .Your.) means an individual or a legal entity exercising
- rights under, and complying with all of the terms of, this License. For
- legal entities, .You. includes any entity which controls, is controlled
- by, or is under common control with You. For purposes of this
- definition, .control. means (a) the power, direct or indirect, to cause
- the direction or management of such entity, whether by contract or
- otherwise, or (b) ownership of more than fifty percent (50%) of the
- outstanding shares or beneficial ownership of such entity.
-
-2. License Grants.
-
- 2.1. The Initial Developer Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and subject to
- third party intellectual property claims, the Initial Developer hereby
- grants You a world-wide, royalty-free, non-exclusive license:
-
- (a) under intellectual property rights (other than patent or trademark)
- Licensable by Initial Developer, to use, reproduce, modify, display,
- perform, sublicense and distribute the Original Software (or
- portions thereof), with or without Modifications, and/or as part of
- a Larger Work; and
-
- (b) under Patent Claims infringed by the making, using or selling of
- Original Software, to make, have made, use, practice, sell, and
- offer for sale, and/or otherwise dispose of the Original Software
- (or portions thereof).
-
- (c) The licenses granted in Sections 2.1(a) and (b) are effective on the
- date Initial Developer first distributes or otherwise makes the
- Original Software available to a third party under the terms of this
- License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
- (1) for code that You delete from the Original Software, or (2) for
- infringements caused by: (i) the modification of the Original
- Software, or (ii) the combination of the Original Software with
- other software or devices.
-
- 2.2. Contributor Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and subject to third
- party intellectual property claims, each Contributor hereby grants You a
- world-wide, royalty-free, non-exclusive license:
-
- (a) under intellectual property rights (other than patent or trademark)
- Licensable by Contributor to use, reproduce, modify, display,
- perform, sublicense and distribute the Modifications created by such
- Contributor (or portions thereof), either on an unmodified basis,
- with other Modifications, as Covered Software and/or as part of a
- Larger Work; and
-
- (b) under Patent Claims infringed by the making, using, or selling of
- Modifications made by that Contributor either alone and/or in
- combination with its Contributor Version (or portions of such
- combination), to make, use, sell, offer for sale, have made, and/or
- otherwise dispose of: (1) Modifications made by that Contributor (or
- portions thereof); and (2) the combination of Modifications made by
- that Contributor with its Contributor Version (or portions of such
- combination).
-
- (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
- the date Contributor first distributes or otherwise makes the
- Modifications available to a third party.
-
- (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
- (1) for any code that Contributor has deleted from the Contributor
- Version; (2) for infringements caused by: (i) third party
- modifications of Contributor Version, or (ii) the combination of
- Modifications made by that Contributor with other software (except
- as part of the Contributor Version) or other devices; or (3) under
- Patent Claims infringed by Covered Software in the absence of
- Modifications made by that Contributor.
-
-3. Distribution Obligations.
-
- 3.1. Availability of Source Code.
- Any Covered Software that You distribute or otherwise make available in
- Executable form must also be made available in Source Code form and that
- Source Code form must be distributed only under the terms of this License.
- You must include a copy of this License with every copy of the Source Code
- form of the Covered Software You distribute or otherwise make available.
- You must inform recipients of any such Covered Software in Executable form
- as to how they can obtain such Covered Software in Source Code form in a
- reasonable manner on or through a medium customarily used for software
- exchange.
-
- 3.2. Modifications.
- The Modifications that You create or to which You contribute are governed
- by the terms of this License. You represent that You believe Your
- Modifications are Your original creation(s) and/or You have sufficient
- rights to grant the rights conveyed by this License.
-
- 3.3. Required Notices.
- You must include a notice in each of Your Modifications that identifies
- You as the Contributor of the Modification. You may not remove or alter
- any copyright, patent or trademark notices contained within the Covered
- Software, or any notices of licensing or any descriptive text giving
- attribution to any Contributor or the Initial Developer.
-
- 3.4. Application of Additional Terms.
- You may not offer or impose any terms on any Covered Software in Source
- Code form that alters or restricts the applicable version of this License
- or the recipients. rights hereunder. You may choose to offer, and to
- charge a fee for, warranty, support, indemnity or liability obligations to
- one or more recipients of Covered Software. However, you may do so only on
- Your own behalf, and not on behalf of the Initial Developer or any
- Contributor. You must make it absolutely clear that any such warranty,
- support, indemnity or liability obligation is offered by You alone, and
- You hereby agree to indemnify the Initial Developer and every Contributor
- for any liability incurred by the Initial Developer or such Contributor as
- a result of warranty, support, indemnity or liability terms You offer.
-
- 3.5. Distribution of Executable Versions.
- You may distribute the Executable form of the Covered Software under the
- terms of this License or under the terms of a license of Your choice,
- which may contain terms different from this License, provided that You are
- in compliance with the terms of this License and that the license for the
- Executable form does not attempt to limit or alter the recipient.s rights
- in the Source Code form from the rights set forth in this License. If You
- distribute the Covered Software in Executable form under a different
- license, You must make it absolutely clear that any terms which differ
- from this License are offered by You alone, not by the Initial Developer
- or Contributor. You hereby agree to indemnify the Initial Developer and
- every Contributor for any liability incurred by the Initial Developer or
- such Contributor as a result of any such terms You offer.
-
- 3.6. Larger Works.
- You may create a Larger Work by combining Covered Software with other code
- not governed by the terms of this License and distribute the Larger Work
- as a single product. In such a case, You must make sure the requirements
- of this License are fulfilled for the Covered Software.
-
-4. Versions of the License.
-
- 4.1. New Versions.
- Sun Microsystems, Inc. is the initial license steward and may publish
- revised and/or new versions of this License from time to time. Each
- version will be given a distinguishing version number. Except as provided
- in Section 4.3, no one other than the license steward has the right to
- modify this License.
-
- 4.2. Effect of New Versions.
- You may always continue to use, distribute or otherwise make the Covered
- Software available under the terms of the version of the License under
- which You originally received the Covered Software. If the Initial
- Developer includes a notice in the Original Software prohibiting it from
- being distributed or otherwise made available under any subsequent version
- of the License, You must distribute and make the Covered Software
- available under the terms of the version of the License under which You
- originally received the Covered Software. Otherwise, You may also choose
- to use, distribute or otherwise make the Covered Software available under
- the terms of any subsequent version of the License published by the
- license steward.
-
- 4.3. Modified Versions.
- When You are an Initial Developer and You want to create a new license for
- Your Original Software, You may create and use a modified version of this
- License if You: (a) rename the license and remove any references to the
- name of the license steward (except to note that the license differs from
- this License); and (b) otherwise make it clear that the license contains
- terms which differ from this License.
-
-5. DISCLAIMER OF WARRANTY.
-
- COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
- LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
- MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
- AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
- ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
- DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
- SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
- ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
- HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
-6. TERMINATION.
-
- 6.1. This License and the rights granted hereunder will terminate
- automatically if You fail to comply with terms herein and fail to
- cure such breach within 30 days of becoming aware of the breach.
- Provisions which, by their nature, must remain in effect beyond the
- termination of this License shall survive.
-
- 6.2. If You assert a patent infringement claim (excluding declaratory
- judgment actions) against Initial Developer or a Contributor (the
- Initial Developer or Contributor against whom You assert such claim
- is referred to as .Participant.) alleging that the Participant
- Software (meaning the Contributor Version where the Participant is a
- Contributor or the Original Software where the Participant is the
- Initial Developer) directly or indirectly infringes any patent, then
- any and all rights granted directly or indirectly to You by such
- Participant, the Initial Developer (if the Initial Developer is not
- the Participant) and all Contributors under Sections 2.1 and/or 2.2
- of this License shall, upon 60 days notice from Participant terminate
- prospectively and automatically at the expiration of such 60 day
- notice period, unless if within such 60 day period You withdraw Your
- claim with respect to the Participant Software against such
- Participant either unilaterally or pursuant to a written agreement
- with Participant.
-
- 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
- user licenses that have been validly granted by You or any
- distributor hereunder prior to termination (excluding licenses
- granted to You by any distributor) shall survive termination.
-
-7. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
- NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
- OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
- ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
- INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
- COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
- LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
- SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
- DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY.S NEGLIGENCE TO THE EXTENT
- APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
- EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
- EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-
-8. U.S. GOVERNMENT END USERS.
-
- The Covered Software is a .commercial item,. as that term is defined in 48
- C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as
- that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial
- computer software documentation. as such terms are used in 48 C.F.R. 12.212
- (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
- through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
- Software with only those rights set forth herein. This U.S. Government Rights
- clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
- provision that addresses Government rights in computer software under this
- License.
-
-9. MISCELLANEOUS.
-
- This License represents the complete agreement concerning subject matter
- hereof. If any provision of this License is held to be unenforceable, such
- provision shall be reformed only to the extent necessary to make it
- enforceable. This License shall be governed by the law of the jurisdiction
- specified in a notice contained within the Original Software (except to the
- extent applicable law, if any, provides otherwise), excluding such
- jurisdiction's conflict-of-law provisions. Any litigation relating to this
- License shall be subject to the jurisdiction of the courts located in the
- jurisdiction and venue specified in a notice contained within the Original
- Software, with the losing party responsible for costs, including, without
- limitation, court costs and reasonable attorneys. fees and expenses. The
- application of the United Nations Convention on Contracts for the
- International Sale of Goods is expressly excluded. Any law or regulation
- which provides that the language of a contract shall be construed against
- the drafter shall not apply to this License. You agree that You alone are
- responsible for compliance with the United States export administration
- regulations (and the export control laws and regulation of any other
- countries) when You use, distribute or otherwise make available any Covered
- Software.
-
-10. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is responsible
- for claims and damages arising, directly or indirectly, out of its
- utilization of rights under this License and You agree to work with Initial
- Developer and Contributors to distribute such responsibility on an equitable
- basis. Nothing herein is intended or shall be deemed to constitute any
- admission of liability.
-
- NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
- LICENSE (CDDL)
-
- The code released under the CDDL shall be governed by the laws of the State
- of California (excluding conflict-of-law provisions). Any litigation relating
- to this License shall be subject to the jurisdiction of the Federal Courts of
- the Northern District of California and the state courts of the State of
- California, with venue lying in Santa Clara County, California.
-