Progress OpenEdge v11.6
Copyright © 1984-2017 Progress Software Corporation and/or one of its subsidiaries or affiliates. All rights reserved.
Portions of the Product include certain open source and commercial third-party components listed below (“Third-Party Components”). The authors of the Third-Party Components require Progress Software Corporation (“PSC”) to include the following notices and additional licensing terms as a condition of PSC’s use of such Third-Party Components. You acknowledge that the authors of the Third-Party Components have no obligation to provide support to you for the Third-Party Components or the Product. You hereby undertake to comply with all licenses related to the applicable Third-Party Components.
Telerik UI for WinForms - Certain of the Progress OpenEdge v11.6 Product(s) may include a trial license to the Telerik UI for WinForms product. Licensee acknowledges that its right to install and use the trial license of the Telerik UI for WinForms product is governed by the terms and conditions of the following Telerik End User License Agreement for UI for WinForms:
Telerik End User License Agreement for UI for WinForms
(Last Updated January 27, 2014)
IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE (Telerik.com). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “You”), AND TELERIK AD (“Telerik” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Content Management System and/or .NET component vendors are not allowed to use the Software (as defined below) without the express permission of Telerik. If You or the company You represent is a Content Management System or .NET component vendor, You may not purchase a license for or use the Software unless You contact Telerik directly and obtain permission.
This License does not grant You a license or any rights to the “2007 Microsoft Office System User Interface” and You must contact Microsoft directly to obtain such a license. Any and all rights in the Software not expressly granted to You as part of the License hereunder are reserved in all respects by Telerik.
This is a license agreement and not an agreement for sale.
1. Software License
1.1 License Grant. Subject to the terms and conditions set forth in this Agreement, Telerik hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, perpetual, sublicenseable (solely as set forth in Section 1.3), non-exclusive license (the “License”) to use the Telerik computer software identified as UI for WinForms and any updates, upgrades, modifications and error corrections thereto provided to Licensee (the “Programs”) and any accompanying documentation (the “Documentation”, together with the Programs, collectively the “Software”) solely as specified in this Agreement. You are granted either a Trial Developer License pursuant to Section 1.4, a Starter Developer License with Starter Support pursuant to Section 1.5 or a Professional Developer License with Updates and Priority Support pursuant to Section 1.6. Which version of the License applies (i.e., Trial Developer License, Starter Developer License with Starter Support or Professional Developer License with Updates and Priority Support) is determined at the time of the License purchase. YOU OR ANYONE IN YOUR ORGANIZATION MAY NOT SIMULTANEOUSLY HOLD A STARTER DEVELOPER LICENSE AND PROFESSIONAL DEVELOPER LICENSE WITH UPDATES AND PRIORITY SUPPORT.
For purposes of this Agreement:
“Integrated Products” means Your proprietary software applications which: (i) are developed by Your Licensed Developers; (ii) add substantial functionality beyond the functionality provided by the incorporated components of the Programs; and (iii) are not commercial alternatives for, or competitive in the marketplace with, the Programs or any components of the Programs.
“Licensed Developers” means Your employees or third-party contractors authorized to develop software specifically for You using the Software in accordance with this Agreement.
1.2 Scope of Use. The Software is licensed, not sold, on a per-seat basis. The number of Licensed Developers using the Software must correspond to the maximum number of License seats You have purchased from Telerik hereunder. This means that, at any given time, the number of Licensed Developers cannot exceed the number of License seats that You have purchased from Telerik and for which You have paid Telerik all applicable License Fees pursuant to this Agreement. The Software is in “use” on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device). Your Licensed Developers may install the Software on multiple machines, so long as the Software is not being used simultaneously for development purposes at any given time by more Licensed Developers than You have License seats. You are not limited by the number of License seats with respect to how many individuals within Your organization may access and use the Software for testing and building purposes. You may also embed copies of the Programs in Your Integrated Products that You license and distribute to Your own end-user licensees, including but not limited to, Your employees (“Authorized End-Users”), solely in accordance with the requirements set forth in Section 1.3 below.
1.3 License for Redistribution.
1.3.1 License Grant. Subject to the terms of this Agreement, You are granted a limited, nontransferable, royalty-free license to redistribute and sublicense the use of the Programs solely to Authorized End-Users: (i) in object code form only; (ii) as embedded within Your Integrated Product for internal company use, hosted applications, websites, commercial solutions deployed at Your Authorized End Users sites, or shrink- or click-wrapped software solutions; and (iii) pursuant to an end user license agreement or terms of use that: imposes the limitations set forth in this paragraph on Your Authorized End-Users; prohibits distribution of the Programs by Your Authorized End-Users; limits the liability of Your licensors or suppliers to the maximum extent permitted by applicable law; and prohibits any attempt to disassemble the code, or attempt in any manner to reconstruct, discover, reuse or modify any source code or underlying algorithms of the Programs, except to the limited extent as is permitted by law notwithstanding contractual prohibition. Notwithstanding subsection 1.3.1(iii), if the only Authorized End-Users of Your Integrated Product are Your employees and such use is internal and solely for Your benefit, You are not required to utilize an end user license agreement or terms of use. In no event are You allowed to distribute the Software or sublicense its use (a) in any format other than in object form, (b) as a standalone product, or (c) as a part of any product other than Your Integrated Product.
1.3.2 The foregoing license to redistribute the Programs is conditioned upon the following:
1.3.2.1 You hereby acknowledge and agree that You are solely responsible for Your Authorized End-User’s use of the Programs in accordance with the limitations set forth in subsection 1.3.1 (iii) and liable for such Authorized End-User’s breach of such limitations
1.3.2.2 You must ensure that the Software is not distributed in any form that allows it to be reused by any application other than Your Integrated Product. Technical guidelines are provided here: http://www.telerik.com/purchase/license-agreement/assembly-protection-guidelines.aspx. Please contact support@telerik.com for any additional questions. For use of the Software in design-time (i.e. within a development environment such as Microsoft Visual Studio) Your Authorized End-Users need to purchase Developer Licenses from Telerik.
1.3.2.3 You must prohibit Your Authorized End-Users from using the Software independently from Your Integrated Products, or from decompiling, reverse engineering or otherwise seeking to discover the source code of the Programs.
1.3.2.4 You must include a valid copyright message in Your Integrated Products in a location viewable by Authorized End-Users (e.g. “About” box) that will serve to protect Telerik’s copyright and other intellectual property rights in the Software.
1.3.2.5 You are not allowed to, and are expressly prohibited from granting Your Authorized End-Users any right to further sublicense the Software.
1.4 Trial Developer License
1.4.1 License Grant. If You download the free Trial Developer License, then, subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts a license for evaluation purposes only. You are authorized to install, copy, and use the Software for the sole purpose of testing its functionality. You are not allowed to integrate it in end products or use it for any commercial or productive purpose. The term of the Trial Developer License shall be thirty (30) days from the date on which You purchase the License, during which, You will receive support, as described in further detail below.
1.4.2 Support. As part of Your Trial Developer License, You are entitled to the “Trial” support package as described in greater detail here: http://www.telerik.com/support/technical-support-options.aspx subject to the limitations and restrictions described in the following Fair Usage Policy.
1.4.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the Trial support package if Your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive.
1.4.2.2 In no event will Telerik provide support of any kind to Your Authorized End-Users.
1.4.3 Updates. You are not eligible to receive any updates for the Software.
1.4.4 THE TRIAL VERSION OF THE SOFTWARE IS LICENSED ‘AS IS’. YOU BEAR THE RISK OF USING IT. TELERIK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TELERIK EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1.5 Starter Developer License with Starter Support.
1.5.1 License Grant. If You purchase a Starter Developer License with Starter Support, then, subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts, a personal, limited, non-transferable, perpetual, royalty-free, sublicenseable (solely as set forth in Section 1.3), non-exclusive license to install, use, include with Integrated Products and redistribute the Software in executable, object code form only. In addition, You will receive updates and support, each as described in further detail below. This License is limited to, and You may only purchase, a maximum of three (3) License seats to be used by Your Licensed Developers. The Starter Developer License is personal to each Licensed Developer and may not be switched to other developers within Your organization.
1.5.2 Support. As part of Your Starter Developer License, You are entitled to the “Starter” support package, which entitles You to ten (10) support requests via Telerik’s ticketing system with a 72-hour response time (excluding Saturdays, Sundays and holidays), as well as access to the community support forums.
1.5.3 In no event will Telerik provide support of any kind to Your Authorized End-Users.
1.5.4 Updates. You are eligible to receive all minor updates (i.e., service pack updates and other minor revisions to the Software) for the Software version You purchased. You are not eligible to receive major updates (i.e., major revisions to or new versions of the Software) for the Software version You purchased. Software updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this License.
1.5.5 Termination. This License shall continue unless terminated in accordance with Section 4 (Term and Termination) or upon Licensee’s purchase of a Professional Developer License with Updates and Priority Support.
1.6 Professional Developer License with Updates and Priority Support.
1.6.1 License Grant. If You purchase a Professional Developer License with Updates and Priority Support, then, subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, perpetual, royalty-free, sublicenseable (solely as set forth in Section 1.3), non-exclusive license to install, use, include with Integrated Products and redistribute the Programs in executable, object code form only. The Professional Developer License includes access to certain source code for the Programs as set forth in Section 1.6.4. In addition, for a period of one (1) year from the date on which You purchase the License, You will receive minor and major updates for the Software, and the “Priority” support package, each as described in further detail below.
1.6.2 Priority Support Package. As part of Your Professional Developer License, You are entitled to the “Priority” support package, as described in greater detail here: http://www.telerik.com/support/technical-support-options.aspx, for a period of one (1) year from the date on which You purchased the License to the Software and subject to the limitations and restrictions described in the following Fair Usage Policy.
1.6.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the “Priority” support package if Your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive.
1.6.2.2 In no event will Telerik provide support of any kind to Your Authorized End-Users.
1.6.3 Updates. You are eligible to receive all major updates and minor updates for the version of the Software that You license hereunder, including the source code for such updates, for a period of one (1) year from the date on which You purchase the License for the Software. Updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this License.
1.6.4 Source Code for the Software. The Program’s source code is provided to You so that You can create modifications under the terms of this Agreement.
1.6.4.1 While Telerik does not claim any ownership rights in Your Integrated Products, any modifications You develop to the Program source code will be the exclusive property of Telerik, and You agree to and hereby do assign all right, title and interest in and to such modifications and all rights associated therewith to Telerik.
1.6.4.2 You will be entitled to use modifications of the Program’s source code developed by You under the terms of this Agreement and Telerik hereby grants You a license to use such modifications pursuant to Section 1.6.
1.6.4.3 You acknowledge that the Program’s source code is confidential and contains valuable and proprietary trade secrets of Telerik. Under no circumstances may any portion of the Program’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
1.6.4.4 Telerik DOES NOT provide technical support for any source code that has been modified by any party other than Telerik.
1.6.4.5 The Program’s source code is provided “as is”, without warranty of any kind. Refunds are not available for any licenses that include a right to receive source code.
2. License Limitations
2.1 You are not allowed to use, copy, modify, distribute, resell, transfer, rent, lease, or sublicense the Software and Your associated rights except as expressly permitted in this Agreement. Under no circumstances shall You grant further redistribution or sublicense rights to Authorized End-Users or redistribute any source code of the Programs to any Authorized End-User or third party.
2.2 You may not use the Telerik product names, logos or trademarks to market Your Integrated Product.
2.3 Except to the limited extent as is permitted by law notwithstanding contractual prohibition, You are not allowed to disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Programs that is provided to You in object code form only.
3. Delivery
Telerik shall make available for download to Licensee a master copy of the Software.
4. Term and Termination
This Agreement and the License granted hereunder shall continue until terminated in accordance with this Section. Unless otherwise specified in this Agreement, the License granted hereunder shall last as long as You use the Software in compliance with the terms herein. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Telerik. Upon termination of this Agreement, all Licenses granted to You hereunder shall terminate automatically and You shall immediately cease use and distribution of the Programs; provided, however, that any sublicenses granted to Your Authorized End-Users in accordance with Section 1.3 shall survive such termination. You must also destroy (i) all copies of the Programs not integrated into a live, functioning instance(s) of Your Integrated Product(s) already installed, implemented and deployed for Your Authorized End-User(s), and (ii) any product and company logos provided by Telerik in connection with this Agreement.
5. Product Discontinuance
Telerik reserves the right to discontinue the Software or any component of the Software, whether offered as a standalone product or solely as a component, at any time. However, Telerik is obligated to provide support in accordance with the terms set forth in this Agreement for discontinued Software or components for a period of one (1) year after the date of discontinuance.
6. Intellectual Property
All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, or text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of Telerik that are used in connection with the Software are and shall at all times remain exclusively owned by Telerik and its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. Any open source software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software and subject to the disclaimers and limitations on liability set forth in such license. As required by the Common Public License (“CPL”), if a user wishes to obtain the source code for the components licensed under the CPL a user may access them at http://wixtoolset.org.
7. Collection and Use of Data.
Telerik uses tools to deliver certain Software features and extensions, identify trends and bugs, collect activation information, usage statistics and track other data related to Your use of the Software as further described in the most current version of Telerik’s Privacy Policy (located at: http://www.telerik.com/company/privacy-policy.aspx). By Your acceptance of the terms of this Agreement and/or use of the Software, You authorize the collection, use and disclosure of this data for the purposes provided for in this Agreement and/or the Privacy Policy.
8. Limited Warranty
Except as specified in Section 1.4.4 (Trial License), Telerik warrants solely that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which You purchase the License for the Software. Telerik does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Licensee’s failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than Telerik. In the event of a breach of warranty, Licensee’s sole and exclusive remedy and Telerik’s sole and exclusive obligation, is repair of all or any portion of the Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Telerik’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Telerik receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 8, TELERIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of this Agreement, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the Software giving rise to such damages, or in the case of a Trial License, shall not exceed $5, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Telerik is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from Telerik is for testing use only and Telerik hereby disclaims any and all liability arising therefrom. The extent of Telerik’s liability for the limited warranty section shall be as set forth therein.
10. Indemnity
You agree to indemnify, hold harmless, and defend Telerik and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (i) Your use of the Software in violation of this Agreement, (ii) the use or distribution of Your Integrated Product or (iii) Your modification of the Program’s source code.
11. Confidentiality
Except as otherwise provided herein, each party expressly undertakes to retain in confidence all information and know-how transmitted or disclosed to the other that the disclosing party has identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and expressly undertakes to make no use of such information and know-how except under the terms and during the existence of this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that: (i) it received rightfully from a third party without an obligation to maintain such information in confidence; (ii) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; (iii) was known to the receiving party prior to its disclosure by the disclosing party; or (iv) is independently developed by the receiving party without use of the confidential information of the disclosing party. Further, either party may disclose confidential information of the other party as required by governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure and complies with any protective order (or equivalent) imposed on such disclosure. Without limiting the foregoing, Licensee shall treat any source code for the Programs as confidential information and shall not disclose, disseminate, or distribute such materials to any third party without Telerik’s prior written permission. Each party’s obligations under this Section 11 shall apply at all times during the term of this Agreement and for five (5) years following termination of this Agreement, provided, however, that (i) obligations with respect to source code shall survive in perpetuity and (ii) trade secrets shall be maintained as such until they fall into the public domain.
12. Governing Law
This License will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved by a good faith discussion between the parties, then it shall be submitted for resolution to a state or Federal court or competent jurisdiction in Boston, Massachusetts, USA, and the parties hereby agree to submit to the jurisdiction and venue of such court. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement.
13. Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect unless otherwise agreed to in writing by both parties. In cases where this license is being obtained through an approved third party, these terms shall supersede any third party license or purchase agreement.
14. No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
15. Survival
Any provisions of the Agreement containing license restrictions, including but not limited to those related to the Program source code, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.
16. Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
17. Force Majeure
Neither party shall be deemed in default of this Agreement if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of such party.
18. Export Classifications
You expressly agree not to export or re-export Telerik Software or Your Integrated Product to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer the Software to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.
19. Commercial Software
The Programs and the Documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
20. Reports and Audit Rights.
Licensee shall grant Telerik audit rights against Licensee twice within a calendar three hundred and sixty five (365) day period upon two weeks written notice, to verify Licensee’s compliance with this Agreement. Licensee shall keep adequate records to verify Licensee’s compliance with this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
Telerik Kendo UI Professional v2015.1.408 and Telerik Kendo UI Professional v2015.2.805 in Progress OpenEdge Business Process Server – If the Product identified in the Order is Progress OpenEdge Business Process Server, then the Product will include Kendo UI Professional. Licensee acknowledges that its right to use the Kendo UI Professional product is governed by the terms and conditions of the following Telerik End User License Agreement for Kendo UI Professional. Licensee further acknowledges that its use of the Kendo UI Professional product, all portions thereof, shall be limited to use solely with the Product and, more specifically, solely within an OpenEdge Business Process Management portal in the Product.
Telerik End User License Agreement for Kendo UI Professional
(Last Updated July 16th, 2014)
If You have accessed the Software, as defined below, through the Telerik Platform, this document does not apply to You. Please see http://www.telerik.com/purchase/license-agreement/platform for the terms and conditions that apply to Your use of the Software.
Kendo UI Professional is a suite of software components which replaces the Telerik software product previously known as Kendo UI Complete. It is offered pursuant to the terms and conditions contained below.
IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “You”), AND TELERIK AD (“Telerik” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Content Management System and/or .NET component vendors are not allowed to use the Software (as defined below) without the express permission of Telerik. If You or the company You represent is a Content Management System or .NET component vendor, You may not purchase a license for or use the Software unless You contact Telerik directly and obtain permission.
This is a license agreement and not an agreement for sale.
1. Software License.
Subject to the terms of this Agreement, Telerik hereby grants to You the following limited, non–exclusive, non–transferable license (the “License”) to use the Telerik computer software identified as Kendo UI Professional and any updates, upgrades, modifications and error corrections thereto provided to You by Telerik (the “Programs”) and any accompanying documentation (the “Documentation” and, together with the Programs, the “Software”) as set forth below. You are granted either a Trial License pursuant to Section 1.1 or a Commercial License with Updates and Support pursuant to Section 1.2. Which version of the License applies (i.e., Trial License or Commercial License with Updates and Support) is determined at the time of the License purchase.
For purposes of this Agreement:
“Your Integrated Products” are limited to those software applications which: (i) are developed by Your Licensed Developers; (ii) add substantial functionality beyond the functionality provided by the incorporated components of the Software; and (iii) are not commercial alternatives for, or competitive in the marketplace with, the Software or any components of the Software.
“Licensed Developers” (i) are limited to the number of Your employees or contractors authorized by You to use the Software to develop software specifically for You and (ii) must correspond to the maximum number of seats You have purchased from Telerik hereunder. This means that, at any given time, the number of Licensed Developers cannot exceed the number of seats that You have purchased from Telerik and for which You have paid Telerik all applicable License Fees pursuant to this Agreement. The Software is in “use” on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device). Your Licensed Developers may install the Software on multiple machines, so long as the Software is not being used simultaneously for development purposes at any given time by more Licensed Developers than You have seats.
1.1 Trial License
1.1.1 License Grant. If You download the free Trial License, then, subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts a license to use the Software for the sole purpose of evaluating its functionality and performance. You are not allowed to integrate the Software into end products or use it for any commercial, productive or training purpose. You may not redistribute the Software. The term of the Trial License shall be 30 days. If You wish to continue using the Software beyond expiration of the Trial License, You must purchase the applicable commercial license.
1.1.2 Support. You are entitled to enter five (5) support requests via Telerik’s ticketing system with a 72 hour response time (excluding Saturdays, Sundays and holidays) for thirty (30) days after download of Your initial Trial License. For avoidance of doubt, You are not entitled to additional support requests for any Trial Licenses downloaded after Your initial download (e.g. to evaluate a different Kendo UI product or a new release), for a period of one (1) year from the date of Your initial download.
1.1.3 Updates. At Telerik’s sole discretion, You may receive minor updates (i.e. service pack updates) for the Software version You are evaluating. You are not eligible to receive major updates (i.e. major revisions to or new versions of the Software) for the Software You are evaluating. Software updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this Trial License.
1.1.4 THE TRIAL VERSION OF THE SOFTWARE IS LICENSED ‘AS IS’. YOU BEAR THE RISK OF USING IT. TELERIK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TELERIK EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
1.2 Commercial License with Updates and Support. If You purchase a Commercial License with Updates and Support, Your Licensed Developers may use the Software in minified and source code form in accordance with Section 1.3 in the development of Your Integrated Products. In addition, for the applicable period of one (1), two (2) or three (3) years from the date on which You purchased the Software, for which You have purchased updates and support (the “Subscription Period”), You will receive minor and major updates for the Software, access to certain source code for the Software, as well as the “Commercial” support package, each as described in further detail below.
1.2.2 Support. During the Subscription Period, You are entitled to the “Commercial” support package as described in greater detail here: http://www.telerik.com/purchase/support-plans/kendo-ui, subject to the limitations and restrictions described in the following Fair Usage Policy. The support services for tickets submitted relating to AngularJS implementations are limited to (i) assistance with plain implementations which include AngularJS and Kendo UI widgets, (ii) assistance with implementations which utilize the Kendo Angular labs project (https://github.com/kendo-labs/angular-kendo) and its directives (project support) or (iii) implementations which require extension of the existing Kendo Angular labs project with new logic.
1.2.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the “Commercial” support package if Your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive.
1.2.2.2 In no event will Telerik provide support of any kind to end-users of Your Integrated Products.
1.2.3 Updates. During the Subscription Period, You will be eligible to receive all major and minor updates for the version of the Software that You license hereunder and source code for the Software. Updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this License.
1.3 Source Code. The Software’s source code is provided to You so that You can create modifications under the terms of this Agreement.
1.3.1 While Telerik does not claim any ownership rights in Your Integrated Products, any modifications You develop to the Software source code will be the exclusive property of Telerik, and You agree to and hereby do assign all right, title and interest in and to such modifications and all rights associated therewith to Telerik.
1.3.2 You will be entitled to use modifications of the Software’s source code developed by You under the terms of this Agreement and Telerik hereby grants You a license to use such modifications pursuant to Section 1.2.
1.3.3 You acknowledge that the Software’s source code is confidential and contains valuable and proprietary trade secrets of Telerik. Under no circumstances may any portion of the Software’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
1.3.4 Telerik DOES NOT provide technical support for any source code that has been modified by any party other than Telerik.
1.3.5 The Software’s source code is provided “as is”, without warranty of any kind. Refunds are not available for any licenses that include a right to receive source code.
1.4 Testing and Building License. You may also use the Software in the testing and building of Your Integrated Products. This license is not limited to a number of seats.
2. License Options for Redistribution
2.1 Redistribution under Commercial License. If You have purchased a Commercial License, You may distribute the Programs in minified form as embedded in Your Integrated Products to Your end-users only pursuant to an end-user license that meets the requirements of this Section. You are not permitted to distribute the Software pursuant to this Section: as a standalone product or as a part of any product other than Your Integrated Product. Your end-user license agreement must: prohibit distribution of the Software by Your Authorized End Users; limit the liability of Your licensors or suppliers to the maximum extent permitted by applicable law; and prohibit any attempt to disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software. Provided Your Authorized End-Users are in compliance with their license agreements with You, any sublicenses to use the Software granted by You to Your Authorized End-Users will survive any termination of this Agreement or the License set forth herein between You and Telerik. You are not allowed to, and are expressly prohibited from granting Your Authorized End-Users any right to further sublicense the Software.
2.2 Redistribution of Kendo UI Core under Open Source License. Kendo UI Core, a suite of components licensed under the Apache 2.0 license, is shipped with Kendo UI Professional and publicly available on Github at https://github.com/telerik/kendo-ui-core. You may use and distribute the Kendo UI Core software solely pursuant to the terms of the Apache 2.0 software. In no event may You distribute any source code other than Kendo UI Core.
3. No Trademark License
You may not use the Telerik product names, logos or trademarks to market Your Integrated Product.
4. Delivery
Telerik shall make a master copy of the Software available for download by Licensee in electronic files only.
5. Updates
The parties agree and acknowledge that updates provided to You as part of this Agreement may include new software products governed by additional terms and conditions. These additional terms and conditions must be accepted by You at the time You download such new products. If You do not agree to these additional terms and conditions, You should not download the new products. In case of a conflict between the terms and conditions of this Agreement and the terms and conditions applicable to any new product made available to You as part of any updates, the terms and conditions of this Agreement shall govern.
6. Term and Termination
This Agreement and the License granted hereunder shall continue until terminated in accordance with this Section. Unless otherwise specified in this Agreement, the License granted hereunder shall last as long as You use the Software in compliance with the terms herein. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the License granted hereunder immediately if You breach any of the material terms of this Agreement, and You fail to cure such material breach within thirty (30) days of receipt of notice from Telerik. Upon termination of this Agreement, all Licenses granted to You hereunder shall terminate automatically and You shall immediately cease use and distribution of the Software; provided, however, that any sublicenses granted to Your Authorized End-Users in accordance with Section 2 shall survive such termination. You must also destroy (i) all copies of the Software not integrated into a live, functioning instance(s) of Your Integrated Product(s) already installed, implemented and deployed for Your Authorized End-User(s), and (ii) any product and company logos provided by Telerik in connection with this Agreement.
7. Product Discontinuance
Telerik reserves the right to discontinue the Software or any component of the Software, whether offered as a standalone product or solely as a component, at any time. However, Telerik is obligated to provide support in accordance with the terms set forth in this Agreement for all discontinued Software or components for a period of one (1) year after the date of discontinuance.
8. Intellectual Property
All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, or text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of Telerik that are used in connection with the Software are and shall at all times remain exclusively owned by Telerik and its licensors. All title and intellectual property rights in and to the content that may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement grants You no rights to use such content. Any open source software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software and subject to the disclaimers and limitations on liability set forth in such license. As required by the Common Public License (“CPL”), if a user wishes to obtain the source code for the components licensed under the CPL a user may access them at http://wixtoolset.org.
9. Limited Warranty
Except as specified in Section 1.1.4 (Trial License), Telerik warrants solely to You that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which You purchase the License for the Software. Telerik does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Your failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than Telerik. In the event of a breach of warranty, Your sole and exclusive remedy and Telerik’s sole and exclusive obligation, is repair of all or any portion of the Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Telerik’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Telerik receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 9, TELERIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the Software giving rise to such damages, or in the case of a Trial license shall not exceed $5, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Telerik is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from Telerik is for testing use only and Telerik hereby disclaims any and all liability arising therefrom.
11. Indemnity
You agree to indemnify, hold harmless, and defend Telerik and its resellers from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (i) Your use of the Software in violation of this Agreement, (ii) the use or distribution of Your Integrated Product or (iii) Your modification of the Software’s source code.
12. Confidentiality
Except as otherwise provided herein, each party expressly undertakes to retain in confidence all information and know-how transmitted or disclosed to the other that the disclosing party has identified as being proprietary and/or confidential or that, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as proprietary and/or confidential, and expressly undertakes to make no use of such information and know-how except under the terms and during the existence of this Agreement. However, neither party shall have an obligation to maintain the confidentiality of information that (i) it received rightfully from a third party without an obligation to maintain such information in confidence; (ii) the disclosing party has disclosed to a third party without any obligation to maintain such information in confidence; (iii) was known to the receiving party prior to its disclosure by the disclosing party; or (iv) is independently developed by the receiving party without use of the confidential information of the disclosing party. Further, either party may disclose confidential information of the other party as required by governmental or judicial order, provided such party gives the other party prompt written notice prior to such disclosure and complies with any protective order (or equivalent) imposed on such disclosure. Without limiting the foregoing, Licensee shall treat any source code for the Programs as confidential information and shall not disclose, disseminate or distribute such materials to any third party without Telerik’s prior written permission. Each party’s obligations under this Section 12 shall apply at all times during the term of this Agreement and for five (5) years following termination of this Agreement, provided, however, that (i) obligations with respect to source code shall survive in perpetuity and (ii) trade secrets shall be maintained as such until they fall into the public domain.
13. Governing Law
This Agreement will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved by a good faith discussion between the parties, then it shall be submitted for resolution to a state or Federal court of competent jurisdiction in Boston, Massachusetts, USA, and the parties hereby agree to submit to the jurisdiction and venue of such court. Neither the Uniform Computer Information Transactions Act nor the United Nations Convention for the International Sale of Goods shall apply to this Agreement. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
14. Entire Agreement
This Agreement sets forth our entire agreement with respect to the Software and supersedes any prior or contemporaneous communications regarding the Software. You agree that You are not relying on any representation or obligation other than those set forth in this Agreement. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect unless otherwise agreed to in writing by both parties. In cases where this license is being obtained through an approved third party, these terms shall supersede any third party license or purchase agreement.
15. No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
16. Survival
Any provisions of the Agreement containing license restrictions, including, but not limited to those related to the Program source code, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any provision of the Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of the Agreement.
17. Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
18. Force Majeure
Neither party shall be deemed in default of this Agreement if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of such party.
19. Export Classifications
You expressly agree not to export or re-export Telerik Software or Your Integrated Product to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export, re-export, or transfer the Software to any country to which the U.S. has embargoed or restricted the export of goods or services, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied Your export privileges.
20. Commercial Software
The Programs and the Documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
21. Reports and Audit Rights.
Licensee shall grant Telerik audit rights against Licensee twice within a calendar three hundred and sixty five (365) day period upon two weeks written notice, to verify Licensee’s compliance with this Agreement. Licensee shall keep adequate records to verify Licensee’s compliance with this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.
Oracle Java Development Kit (JDK) v1.7.0_45 (except for Solaris64 platform) and Oracle Java Development Kit (JDK) v1.7.0_55 (for Solaris64 platform only) from Oracle is subject to the following restrictions/limitations (see full text of license below):
. . .
F. 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", “oracle” or similar convention as specified by Oracle in any naming convention designation.
. . .
H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. “Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html
. . .
Last updated 02 April 2013
JavaBeans Activation Framework v1.1.1, Java Mail v1.4.2, and Java Mail v1.4.3 and from Sun Microsystems, Inc. are subject to the following restrictions/limitations (see full text of license below):
. . .
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 Java Help v1.1 and Sun Java Help v2.0 from Sun Microsystems, Inc. is subject to the following restrictions/limitations (see full text of license below):
. . .
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.
Java Advanced Imaging v1.1.2 from Sun Microsystems, Inc. is subject to the following restrictions/limitations (see full text of license below):
. . .
Java Compatibility and Open Source. Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net.
Progress OpenEdge v11.6 may contain
AspectJ v1.7;
BeanShell v1.2b8;
BeanShell v2.1.8;
DbForms v2.5;
Eclipse v3.4.2;
Eclipse Compiler for Java v3.6.0;
Eclipse IDE v3.7.2;
(as part of Eclipse (PEP 43 primary) v4.3.1) - Graphical Editing Framework v3.9.1 (GEF 3.9.1), Java Development Tools v4.3.1 (JDT 4.3.1), Java Emitter Templates v1.2.0M2 (JET 1.2.0M2), Web Tools Platform v3.5.1 (WTP 3.5.1), Eclipse CVS v4.3.1 (CVS 4.3.1), Eclipse Platform v4.3.1, Eclipse Modeling Framework v2.9.1 (EMF 2.9.1), Orbit vR20130827064939, Eclipse Plug-in Development Environment v4.3.1, UML2 v4.1.1, and XML Schema Definition v2.9.1;
Eigenbase v0.6.0;
Eigenbase v1;
Eigenbase v1.1;
HTML Parser v1.6;
HTTPClient v0.3-3;
IBM UDDI4J v2.0 (Universal Description, Discovery and Integration for Java)
iText v2.1.7;
JasperReports v4.1.2;
Java Excel API v2.6.12;
JavaServer Faces API Reference Impl. v1.1;
JavaServer Pages Expression Language 2.1 Reference Implementation from Glassfish v1.0.0;
JAXB v2.1.13;
JAXB v2.2.2;
JAXRPC v1.1 (spec version);
Jazzy v0.5;
Jboss Application Server, Community Edition v5.1;
JBOSS Seam v 2.1.1.GA;
Jcommon v1.0.5;
Jetty v9.2.13;
JFreeChart v1.0.2;
JFreeChart v1.0.12;
Jpivot v1.8.0; Perl 5 Runtime v5.6.1;
Mondrian v3.3.0;
Mozilla Rhino v1.6 R1;
OpenSAML-J v2.5.1;
(as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3) - Saxon XSLT and XQuery Processor v8.9.0.4 (saxon8.jar, saxon8-xpath.jar, saxon8-xom.jar, saxon8-sql.jar, saxon8-jdom.jar, saxon8-dom.jar).
(as part of Progress 1PAdapters v1.5.4) – Saxon v8.9, QOS Logback v0.9.18, and Javassist v3.12.1; (as part of Progress AppServer (PAS) Core v1.2.4) - QOS Logback v1.0.13;
Saxon XSLT and XQuery Processor v8.9;
Saxon v9;
SOAP with Attachments API for Java 1.2 (spec version);
Soap UI v1.6;
SQL Explorer v2.2.4;
Streaming API for XML (StAX) implementation of JSR 173 v1.6;
Streaming API for XML v1.6;
Sun JAXB XJC v2.2.1.1;
Sun JAXWS API v2.1.1;
Sun SAAJ API v1.4.5;
SwingX Library v0.9.0;
Web Component Framework v1.7.0;
WSDL4J v1.5.1; and
WSDL4J v1.6.2.
Each of the above-listed third-party technologies is licensed to PSC and User is subject to the terms of a third-party license, a copy of which is included herein. PSC will, at Licensee’s request, provide a copy of the source code for these third-party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code for these third-party technologies through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein. Notwithstanding anything to the contrary, to the extent that any of the terms and conditions of the Progress OpenEdge Agreement conflict, vary, or are in addition to the terms and conditions of the aforementioned third-party licenses for these technologies, such terms and conditions are offered by PSC alone and not by any other party.
1. Special Notices Regarding Open Source Third-Party Components:
(1) The Apache Software License, Version 1.1:
(a) Progress OpenEdge v11.6 may incorporate ANT v1.5.4. Such technology is subject to the following terms and conditions: The Apache Software License, Version 1.1, applies to all versions of up to ant 1.6.0 included. The Apache Software License, Version 1.1 - Copyright (C) 2000-2003 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without 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 "Ant" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see .
(b) Progress OpenEdge v11.6 may incorporate Apache Avalon 2002/08/06, Apache Batik v1.1, Apache Jakarta POI v1.1, Apache POI 2003/05/14, Regexp (Pure Java Regular Expression) v1.2, and XMLTask v1.15.1 from The Apache Software Foundation. Such technologies are subject to the following terms and conditions: The Apache Software License, Version 1.1 Copyright (c) 2000 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see . Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.
(c) Progress OpenEdge v11.6 may incorporate Apache JAXP v1.3.04 from The Apache Software Foundation. Such technology is subject to the following terms and conditions: The Apache Software License, Version 1.1 Copyright (c) 1999-2003 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Xalan" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, Lotus Development Corporation., http://www.lotus.com. For more information on the Apache Software Foundation, please see http://www.apache.org/.
(d) Progress OpenEdge v11.6 may incorporate Crimson v1.1.3 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3). Such technology is subject to the following terms and conditions: The Apache Software License, Version 1.1 Copyright (c) 1999-2003 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see .
(e) Progress OpenEdge v11.6 may incorporate jfor v0.7.2 from jfor. Such technology is subject to the following terms and conditions: jfor Apache-Style Software License. Copyright (c) 2002 by the jfor project. 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 jfor project (http://www.jfor.org)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The name "jfor" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact info@jfor.org. 5. Products derived from this software may not be called "jfor", nor may "jfor" appear in their name, without prior written permission of info@jfor.org. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JFOR PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(f) Progress OpenEdge v11.6 may incorporate Apache LogKit v1.2 from The Apache Software Foundation. Such technologies are subject to the following terms and conditions: The Apache Software License, Version 1.1 -- Copyright (C) 1997-2003 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following 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 "LogKit", "Jakarta" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see .
(g) Progress OpenEdge v11.6 may incorporate Xerces for Java XML Parser v2.6.2. Such technology is subject to the following terms and conditions: The Apache Software License, Version 1.1 Copyright (c) 1999 The Apache Software Foundation. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see .
(h) Progress OpenEdge v11.6 may incorporate SOAP v2.3.1 from Apache Foundation. Such technology is subject to the following terms and conditions: The Apache Software License, Version 1.1
Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "SOAP" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see .
(2) The Apache Software License, Version 2.0:
Progress OpenEdge v11.6 may incorporate
ANT v1.8.2;
Apache ActiveMQ v5.8.0;
Apache ActiveMQ v5.10.0;
Apache Annotations API v2.6.12;
Apache Axis v1.4;
Apache Camel v2.10.1;
Apache Camel v2.10.3;
Apache Camel v2.14.0;
Apache Cocoon v2.0.4;
Apache Cocoon v2.2;
Apache Commons BeanUtils (commons-beanutils.jar) v1.8.3;
Apache Commons Codec v1.6;
Apache Commons Codec (commons-codec.jar) v1.4;
Apache Commons Collections (commons-collections.jar) v3.2.1;
Apache Commons Configuration (commons-configuration.jar) v1.6;
Apache Commons Daemon Procrun v1.0.5;
Apache Commons Digester (commons-digester.jar) v2;
Apache Commons Discovery (commons-discovery.jar) v0.4;
Apache Commons HTTP Client v1.6;
Apache Commons HTTP Client v3.1;
Apache Commons HTTP Client v4.0.1;
Apache Commons I/O v1.4;
Apache Commons Lang v2.5;
Apache Commons Lang v3.3.2;
Apache Commons Math v2.1;
Apache Commons Net (commons-net.jar) v2;
Apache CXF v2.3.3;
Apache FOP v0.93;
Apache FOP v1.0;
Apache HTTP Components - HTTP Core v4.0;
Apache HTTP Components - HTTP MIME v4.1;
Apache HTTP Components v4.3.1;
Apache HTTP Components v4.3.3;
Apache HTTPComponents v4.1.3;
Apache HTTPCore v4.4.3;
Apache Jakarta Commons Validator (commons-validator.jar) v1.3.1;
Apache Log4j v1.2.16;
Apache Lucene v4.4;
Apache Mime4j v0.6;
Apache Neethi v3.0.1;
Apache POI v3.0.1,
Apache POI v3.8;
Apache Shiro v1.2.1;
Apache Shiro v1.2.3;
Apache SNMP4J Agent Library v2.2.2;
Apache SNMP4J Library v2.3.0;
Apache SOAP v2.2;
Apache Spring Framework v3.1.1;
Apache Spring Framework v3.2.0;
Apache Standard Taglib v1.1.2;
Apache Tomcat v3.2.2;
Apache Tomcat v7.0.30;
Apache Tomcat v7.0.70;
Apache Velocity v1.7;
Apache WebDavLib v2.0;
Apache WSS4J v1.5.11;
Apache WSS4J v1.6.17;
Apache WS Addressing v1.0;
Apache WS Policy v1.0;
Apache Xalan Java v2.7.1;
Apache Xalan Java XSLT Parser v2.7.1;
Apache Xerces v2.9.0;
Apache Xerces v2.9.1;
Apache XML Beans v1.6;
Apache XML Beans v2.5;
Apache XML Graphics Project v1.4;
Apache XMLSchema v1.4.7
Apache XMLSchema v2.0.1
Apache XmlSchema Core v2.0.1;
Apache XML Security for Java v1.3;
Apache XML4J 1999/08/30;
Camel for Jboss v2.6.0;
cobogw v1.2.3;
Codehaus Jettison v1.0;
Commons Database Connection Pooling v1.3;
Commons-http client from Soapui project v1.6;
Commons Object Pooling Library v1.5.4;
Commons ssl client from Soap ui project v1.6;
CORS Filter v1.5;
Desmo-j v2.2;
DWR v2.0;
Eclipse Jetty Project v7.2.2;
Ehcache Core v2.6.6;
Ehcache Jgroup Relication v1.5;
Ehcache JPA v0.2.0;
File upload component for Java servlets v1.2.1;
Fuse Mediation Router (based on Apache Camel) v2.8.0;
Ibatis v2.3.4.726;
Jakarta-Oro v2.0;
JavaServer Pages Expression Language API 2.1 from Glassfish v2.1.0; JavaServer Pages Standard Tag Library API 2.1 from Glassfish v1.2.0; JavaServer Pages API 2.1 from Glassfish v2.1.0;
Java Server Pages Engine v2.1.0;
JavaServer Pages Standard Tag Library Implementation for the 1.2 version of the JSTL spec v1.2.0;
Java Servlet API 2.5 (servlet-api.jar from Tomcat 6.0.14) v2.5;
Jettison v1.2;
JSON Library v2.2.2;
JSON Processor v2.2.3;
JUEL v2.2.1;
mvel2 v2.0.10;
Nekohtml v1.9.14;
Not-Yet-Commons-SSL v0.3.4;
OpenID v2.0;
OpenAjax Hub v2.0.1;
Open Saml v1.0.1;
Openws v1.4.2-1;
OrientDB v2.1.17;
(as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3) - Apache CXF v2.6.2, Commons HTTP Client v4.3, Geronimo-jms v1.1 spec v1.1.1, Apache Commons Logging (commons-logging.jar) v1.1.1; Apache Velocity v1.7; Apache XMLSchema v2.0.3; and Apache Axis2 v1.4;
(as part of Progress 1PAdapters v1.5.4) – Codehaus Jackson v1.8.10, JUEL v2.2.1, Woden v1.0M9, Apache CXF v2.6.2, Camel v2.10.0, and Apache Velocity v1.7;
(as part of Progress AppServer (PAS) Core v1.2.4) – Apache Commons Logging v1.2; Terracotta Ehcache Core v2.6.11; Google Guice v4.0; Joda Time v2.8.2; OWASP Foundation ESAPI v2.1.0; Apache Commons Codec v1.10; Apache Commons HTTP Client v3.0.1; Apache HTTP Components – HTTP Core v4.4.3; Apache HTTPClient v4.5; Apache HttpComponents v4.3; Apache OpenSAML v2.6.1; Apache Spring Security v3.1.4; Apache Spring Framework v3.2.4; Apache Tomcat v7.0.79; Apache Xerces v2.9.0; Google GSON v2.2.4; and Sxip Identity OpenID v2.0;
SDO Java v1.1.1;
smiley-http-proxy-servlet.jar v1.1;
Stax API v1.0.2;
Stax Reference Implementation v1.2;
Sun JavaMail v1.3.1;
Terracotta Quartz Scheduler v2.1.5;
Terracotta Quartz Scheduler v2.2.1;
Xerces for C++ XML Parser v3.1.1; and
XML Commons v1.
All such above-listed technologies are subject to the following terms and conditions: Apache Software License Version 2.0. Copyright 2001-2004 The Apache Software Foundation. Such Apache Technology is subject to the following terms and conditions: The Apache Software 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 submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise 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, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.3. Grant of Patent 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 (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work 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. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices 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 attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions 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.
-------------------------------------------------------------------------
Contents of NOTICE text file for smiley-http-proxy-servlet.jar v1.7:
Smiley's Proxy Servlet
Copyright 2011, The MITRE Corporation
Created by David Smiley, dsmiley@mitre.org.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HttpCore v4.4.3:
Copyright 2005-2015 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Text from bottom of License for Apache HTTP Components – HTTP Core v4.4.3
This project contains annotations in the package org.apache.http.annotation
which are derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls.
See http://www.jcip.net and the Creative Commons Attribution License
(http://creativecommons.org/licenses/by/2.5)
Full text: http://creativecommons.org/licenses/by/2.5/legalcode
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Logging v1.2 (as part of Progress AppServer (PAS) Core v1.2.4:
Apache HttpComponents Core
Copyright 2005-2015 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
-------------------------------------------------------------------------
Text from bottom of License for Apache HTTP Components – HTTP Core v4.4.3 (as part of Progress AppServer (PAS) Core v1.2.4):
This project contains annotations in the package org.apache.http.annotation which are derived from JCIP-ANNOTATIONS Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net and the Creative Commons Attribution License (http://creativecommons.org/licenses/by/2.5) Full text: http://creativecommons.org/licenses/by/2.5/legalcode License THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 1. Definitions "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License. "Licensor" means the individual or entity that offers the Work under the terms of this License. "Original Author" means the individual or entity who created the Work. "Work" means the copyrightable work of authorship offered under the terms of this License. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. 2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; to create and reproduce Derivative Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works. For the avoidance of doubt, where the work is a musical composition: Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work. Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions). Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions). The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved. 4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions: You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested. If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit. 5. Representations, Warranties and Disclaimer UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU. 6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Termination This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. 8. Miscellaneous Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTP Components – HTTP Core v4.4.3 (as part of Progress AppServer (PAS) Core v1.2.4):
Apache HttpComponents Core
Copyright 2005-2015 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTPClient v4.5 (as part of Progress AppServer (PAS) Core v1.2.4):
Apache HttpComponents Client
Copyright 1999-2015 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Joda Time v2.8.2 (as part of Progress AppServer (PAS) Core v1.2.4):
=========================================================================NOTICE file corresponding to section 4d of the Apache License Version 2.0 =========================================================================
This product includes software developed by Joda.org (http://www.joda.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Codec v1.10 (as part of Progress AppServer (PAS) Core v1.2.4):
Apache Commons Codec
Copyright 2002-2014 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java contains test data from http://aspell.net/test/orig/batch0.tab. Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org)
=========================================================================
The content of package org.apache.commons.codec.language.bm has been translated from the original php source code available at http://stevemorse.org/phoneticinfo.htm with permission from the original authors. Original source copyright: Copyright (c) 2008 Alexander Beider & Stephen P. Morse.
-------------------------------------------------------------------------
Additional text from top of Apache 2.0 license for OrientDB v2.1.17:
-------------------------------------------------------------------------
3RDY PARTY LIBRARIES
--------------------------------------------------------------------
3rdy party libraries used by OrientDB, compatible with Apache license:
- Javamail: CDDL license (http://www.oracle.com/technetwork/java/faq-135477.html)
- java persistence 2.0: CDDL license
- JNA: Apache 2 (https://github.com/twall/jna/blob/master/LICENSE)
- Hibernate JPA 2.0 API: Eclipse Distribution License 1.0
References:
- Apache 2 license (Apache2):
http://www.apache.org/licenses/LICENSE-2.0.html
- Common Development and Distribution License (CDDL-1.0):
http://opensource.org/licenses/CDDL-1.0
- Eclipse Distribution License (EDL-1.0):
http://www.eclipse.org/org/documents/edl-v10.php (http://www.eclipse.org/org/documents/edl-v10.php)
-------------------------------------------------------------------------
ORIENTDB LICENSE
--------------------------------------------------------------------
Copyright 1999-2014 (c) Orient Technologies
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache WSS4J v1.6.17:
Apache WebServices - WSS4J - Copyright 2004-2014 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product includes software Copyright University of Southampton IT Innovation Centre, 2006 (http://www.it-innovation.soton.ac.uk).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Lang v3.3.2:
Apache Commons Lang - Copyright 2001-2014 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product includes software from the Spring Framework, under the Apache License 2.0 (see: StringUtils.containsWhitespace())
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache SNMP4J Agent Library v2.2.2:
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the SNMP4J distribution. ==
=========================================================================
This product includes software developed by SNMP4J.org (http://www.snmp4j.org/).
Please read the different LICENSE files present in the root directory of this distribution.
The names "SNMP4J" 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 info@snmp4j.org (SNMP4J) or apache@apache.org.
-------------------------------------------------------------------------
Contents of NOTICE text file for SNMP4J Library v2.3.0:
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the SNMP4J distribution. ==
=========================================================================
This product includes software developed by SNMP4J.org (http://www.snmp4j.org/).
Please read the different LICENSE files present in the root directory of this distribution.
The names "SNMP4J" 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 info@snmp4j.org (SNMP4J) or apache@apache.org.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Spring Security v3.1.4 (as part of Progress AppServer (PAS) Core v1.2.4):
======================================================================
== NOTICE file corresponding to section 4(d) of the Apache License, ==
== Version 2.0, in this case for the Spring Security distribution. ==
======================================================================
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
"This product includes software developed by Spring Security
Project (http://www.springframework.org/security)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring", "Spring Security", "Spring Security System",
"SpringSource", "Acegi", "Acegi Security", "Acegi Security System",
"Acegi" or any derivatives thereof may not be used to endorse or
promote products derived from this software without prior written
permission. For written permission, please contact
ben.alex@springsource.com.
----------------------------------------------------------------------
Contents of NOTICE text file for Apache Xerces v2.9.0 (as part of Progress AppServer (PAS) Core v1.2.4):
=========================================================================
== NOTICE file corresponding to section 4(d) of the Apache License, ==
== Version 2.0, in this case for the Apache Xerces Java distribution. ==
=========================================================================
Apache Xerces Java Copyright 1999-2007 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- voluntary contributions made by Paul Eng on behalf of the
Apache Software Foundation that were originally developed at iClick, Inc., software copyright (c) 1999.
-------------------------------------------------------------------------
Add’l text from end of License for Apache HttpComponents v4.3 (as part of Progress AppServer (PAS) Core v1.2.4):
This project contains annotations in the package org.apache.http.annotation
which are derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls.
See http://www.jcip.net and the Creative Commons Attribution License
(http://creativecommons.org/licenses/by/2.5)
Full text: http://creativecommons.org/licenses/by/2.5/legalcode
License
THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS.
1. Definitions
"Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License.
"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License.
"Licensor" means the individual or entity that offers the Work under the terms of this License.
"Original Author" means the individual or entity who created the Work.
"Work" means the copyrightable work of authorship offered under the terms of this License.
"You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation.
2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws.
3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below:
to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works;
to create and reproduce Derivative Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works;
to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works.
For the avoidance of doubt, where the work is a musical composition:
Performance Royalties Under Blanket Licenses. Licensor waives the exclusive right to collect, whether individually or via a performance rights society (e.g. ASCAP, BMI, SESAC), royalties for the public performance or public digital performance (e.g. webcast) of the Work.
Mechanical Rights and Statutory Royalties. Licensor waives the exclusive right to collect, whether individually or via a music rights agency or designated agent (e.g. Harry Fox Agency), royalties for any phonorecord You create from the Work ("cover version") and distribute, subject to the compulsory license created by 17 USC Section 115 of the US Copyright Act (or the equivalent in other jurisdictions).
Webcasting Rights and Statutory Royalties. For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions).
The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved.
4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions:
You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested.
If you distribute, publicly display, publicly perform, or publicly digitally perform the Work or any Derivative Works or Collective Works, You must keep intact all copyright notices for the Work and provide, reasonable to the medium or means You are utilizing: (i) the name of the Original Author (or pseudonym, if applicable) if supplied, and/or (ii) if the Original Author and/or Licensor designate another party or parties (e.g. a sponsor institute, publishing entity, journal) for attribution in Licensor's copyright notice, terms of service or by other reasonable means, the name of such party or parties; the title of the Work if supplied; to the extent reasonably practicable, the Uniform Resource Identifier, if any, that Licensor specifies to be associated with the Work, unless such URI does not refer to the copyright notice or licensing information for the Work; and in the case of a Derivative Work, a credit identifying the use of the Work in the Derivative Work (e.g., "French translation of the Work by Original Author," or "Screenplay based on original Work by Original Author"). Such credit may be implemented in any reasonable manner; provided, however, that in the case of a Derivative Work or Collective Work, at a minimum such credit will appear where any other comparable authorship credit appears and in a manner at least as prominent as such other comparable authorship credit.
5. Representations, Warranties and Disclaimer
UNLESS OTHERWISE MUTUALLY AGREED TO BY THE PARTIES IN WRITING, LICENSOR OFFERS THE WORK AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE WORK, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SUCH EXCLUSION MAY NOT APPLY TO YOU.
6. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Termination
This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License.
Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above.
8. Miscellaneous
Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License.
Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License.
If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent.
This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HttpComponents v4.3 (as part of Progress AppServer (PAS) Core v1.2.4):
Apache HttpComponents Core
Copyright 2005-2013 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
-------------------------------------------------------------------------
Additional Notices from end of Apache 2.0 license for Spring Framework v3.2.4 (as part of Progress AppServer (PAS) Core v1.2.4):
SPRING FRAMEWORK 3.2.4.RELEASE SUBCOMPONENTS:
Spring Framework 3.2.4.RELEASE includes a number of subcomponents with separate copyright notices and license terms. The product that includes this file does not necessarily use all the open source subcomponents referred to below. Your use of the source code for these subcomponents is subject to the terms and conditions of the following licenses.
>>> ASM 4.0 (org.ow2.asm:asm:4.0, org.ow2.asm:asm-commons:4.0):
Copyright (c) 2000-2011 INRIA, France Telecom 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. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 1999-2009, OW2 Consortium
>>> CGLIB 3.0 (cglib:cglib:3.0):
Per the LICENSE file in the CGLIB JAR distribution downloaded from
http://sourceforge.net/projects/cglib/files/cglib3/3.0/cglib-3.0.jar/download,
CGLIB 3.0 is licensed under the Apache License, version 2.0, the text of which is included above.
=======================================================================
To the extent any open source subcomponents are licensed under the EPL and/or other similar licenses that require the source code and/or modifications to source code to be made available (as would be noted above), you may obtain a copy of the source code corresponding to the binaries for such open source components and modifications thereto, if any, (the "Source Files"), by downloading the Source Files from http://www.springsource.org/download, or by sending a request, with your name and address to:
VMware, Inc., 3401 Hillview Avenue
Palo Alto, CA 94304
United States of America
or email info@vmware.com. All such requests should clearly specify:
OPEN SOURCE FILES REQUEST
Attention General Counsel
VMware shall mail a copy of the Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the Source Files is valid for three years from the date you acquired this Software product.
-------------------------------------------------------------------------
Contents of NOTICE text file for Spring Framework v3.2.4 (as part of Progress AppServer (PAS) Core v1.2.4:
Spring Framework 3.2.4.RELEASE
Copyright (c) 2002-2013 SpringSource, a division of VMware, Inc.
This product is licensed to you under the Apache License, Version 2.0 (the "License"). You may not use this product except in compliance with the License.
This product may include a number of subcomponents with separate copyright notices and license terms. Your use of the source code for these subcomponents is subject to the terms and conditions of the subcomponent's license, as noted in the license.txt file.
-------------------------------------------------------------------------
Add’l text from end of License for Google GSON v2.2.4 (as part of Progress AppServer (PAS) Core v1.2.4):
Copyright 2008-2011 Google Inc.
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.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTPComponents Client v4.1.3:
Apache HttpComponents HttpCore
Copyright 2005-2011 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTPComponents v4.3.3:
Apache HttpComponents Client
Copyright 1999-2014 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Codehaus Jackson v1.8.10 (as part of Progress 1PAdapters v1.5.4):
This product currently only contains code developed by authors of specific components, as identified by the source code files; if such notes are missing files have been created by Tatu Saloranta.
For additional credits (generally to people who reported problems) see CREDITS file.
-------------------------------------------------------------------------
Additional 3rd party Terms bottom of Apache 2.0 License for Woden 1.0M9 (as part of Progress 1PAdapters v1.5.4)- WODEN SUBCOMPONENTS:
For any subcomponents included with the Woden source code that contain separate copyright and license terms, their License information is appended below, in this file. For any binary subcomponents redistributed with Woden under separate licenses, their license files are included alongside those binary packages in the Woden release files (for example, alongside the dependant jar files in the /lib directory of the Woden zip file).
======================================================================
For the W3C schema and DTD files in the org.apache.woden.resolver package:
W3C® SOFTWARE NOTICE AND LICENSE http://www.w3.org/Consortium/Legal/2002/copyright-software-20021231
This work (and included software, documentation such as READMEs, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions. Permission to copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications: The full text of this NOTICE in a location viewable to users of the redistributed or derivative work. Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the W3C Software Short Notice should be included (hypertext is preferred, text is permitted) within the body of any redistributed or derivative code. Notice of any changes or modifications to the files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.) THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders. This formulation of W3C's notice and license became active on December 31 2002. This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use". Otherwise, this version is the same as the previous version and is written so as to preserve the Free Software Foundation's assessment of GPL compatibility and OSI's certification under the Open Source Definition. Please see our Copyright FAQ for common questions about using materials from our site, including specific terms and conditions for packages like libwww, Amaya, and Jigsaw. Other questions about this notice can be directed to site-policy@w3.org. Joseph Reagle site-policy@w3.org Last revised $Id: copyright-software-20021231.html,v 1.11 2004/07/06 16:02:49 slesch Exp $
-------------------------------------------------------------------------
Contents of NOTICE text file for CXF v2.6.2 (as part of Progress 1PAdapters v1.5.4 and 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache CXF
Copyright 2006-2012 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product also includes schemas and specification developed by:
- the W3C consortium (http://www.w3c.org)
(http://www.w3.org/XML/1998/namespace)
This product also includes WS-* schemas developed by International
Business Machines Corporation, Microsoft Corporation, BEA Systems,
TIBCO Software, SAP AG, Sonic Software, and VeriSign
(http://schemas.xmlsoap.org/wsdl/2003-02-11.xsd)
(http://schemas.xmlsoap.org/ws/2004/08/addressing/)
(http://schemas.xmlsoap.org/wsdl/http)
(http://schemas.xmlsoap.org/ws/2005/02/rm/wsrm.xsd)
(http://www.w3.org/2005/08/addressing/ws-addr.xsd)
(http://www.w3.org/TR/ws-metadata-exchange/)
(http://schemas.xmlsoap.org/ws/2004/09/mex/)
(http://docs.oasis-open.org/ws-sx/ws-trust/v1.4/ws-trust.html)
The product contains code (StaxBuilder.java) that is
Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.
All rights reserved.
See the NOTICE.jdom file for additional information
Java classes (source and binary) under org.apache.cxf.jaxws.javaee
are generated from schema available here:
(http://java.sun.com/xml/ns/javaee/javaee_5.xsd)
This Product also includes software developed by David Heinemeier Hansson.
(http://dev.rubyonrails.org/browser/trunk/activesupport/lib/active_support/inflections.rb)
This product includes software Copyright University of Southampton IT Innovation Centre, 2009
(http://www.it-innovation.soton.ac.uk).
This product also includes MTOSI wsdl and schemas developed by the
TeleManagement Forum (http://www.tmforum.org/browse.aspx). The original
MTOSI wsdl and schemas can be download from
(http://sourceforge.net/projects/mtosi-ri)
Portions of the included XmlSchema library are Copyright 2006 International Business Machines Corp.
Portions of the included xml-apis library were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2000 World Wide Web Consortium, http://www.w3.org
Portions of the included xmlbeans library were originally based on the following:
- software copyright (c) 2000-2003, BEA Systems, .
Portions of the file cxf-utils.js derives from code marked:
This code was written by Tyler Akins and has been placed in the
public domain. It would be nice if you left this header intact.
Base64 code from Tyler Akins -- http://rumkin.com
-------------------------------------------------------------------------
Additional copyright notices and license terms applicable are present in the licenses directory of this distribution. – SEE BELOW.
-------------------------------------------------------------------------
Additional Terms from bottom of Apache 2.0 License for CXF v2.6.2 (as part of Progress 1PAdapters v1.5.4 and 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache CXF includes a number of components and libraries with separate copyright notices and license terms. Your use of those components are subject to the terms and conditions of the following licenses.
AntLR Parser Generator (http://www.antlr.org/) antlr:antlr:jar:2.7.7
License: BSD License (http://www.antlr.org/license.html)
AOP alliance (http://aopalliance.sourceforge.net) aopalliance:aopalliance:jar:1.0
License: Public Domain
ASM (http://asm.objectweb.org/asm/asm) asm:asm:jar:3.3.1:compile
License: BSD (http://asm.ow2.org/license.html)
MSV XML Schema Datatype Library (http://nexus.sonatype.org/oss-repository-hosting.html/xsdlib) com.sun.msv.datatype.xsd:xsdlib:bundle:2010.1
License: BSD (http://www.opensource.org/licenses/bsd-license.php)
Sun JAXB Reference Implementation Runtime (http://jaxb.java.net/jaxb-impl) com.sun.xml.bind:jaxb-impl:jar:2.2.5:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun JAXB Reference Implementation Tools (http://jaxb.java.net/jaxb-xjc) com.sun.xml.bind:jaxb-xjc:jar:2.2.5:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun SAAJ Reference Implementation (http://java.net/saaj-impl/saaj-impl) com.sun.xml.messaging.saaj:saaj-impl:jar:1.3.18:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
ISO Relax (http://iso-relax.sourceforge.net/) isorelax:isorelax:jar:20030108:compile
License: MIT (http://www.opensource.org/licenses/mit-license.html)
JSR 311 API (https://jsr311.dev.java.net/) javax.ws.rs:jsr311-api:jar:1.1.1:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Java Architecture for XML Binding (JAXB API) (http://jaxb.java.net/jaxb-api) javax.xml.bind:jaxb-api:jar:2.2.6:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun SAAJ API (http://java.net/saaj-api/saaj-api) javax.xml.soap:saaj-api:jar:1.3.4:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Joda time (http://joda-time.sourceforge.net) joda-time:joda-time:jar:1.6.2
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
MSV Core (http://msv.java.net/msv-core) net.java.dev.msv:msv-core:bundle:2011.1
License: BSD ()
Stax2 API (http://woodstox.codehaus.org/StAX2) org.codehaus.woodstox:stax2-api:jar:3.1.1
License: The BSD License (http://www.opensource.org/licenses/bsd-license.php)
Jetty:: Continuation (http://www.eclipse.org/jetty/jetty-continuation) org.eclipse.jetty:jetty-continuation:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: Continuation (http://www.eclipse.org/jetty/jetty-continuation) org.eclipse.jetty:jetty-continuation:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty:: Http Utility (http://www.eclipse.org/jetty/jetty-http) org.eclipse.jetty:jetty-http:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: Http Utility (http://www.eclipse.org/jetty/jetty-http) org.eclipse.jetty:jetty-http:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty:: IO Utility (http://www.eclipse.org/jetty/jetty-io) org.eclipse.jetty:jetty-io:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: IO Utility (http://www.eclipse.org/jetty/jetty-io) org.eclipse.jetty:jetty-io:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty:: Security (http://www.eclipse.org/jetty/jetty-security) org.eclipse.jetty:jetty-security:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: Security (http://www.eclipse.org/jetty/jetty-security) org.eclipse.jetty:jetty-security:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty:: Server Core (http://www.eclipse.org/jetty) org.eclipse.jetty:jetty-server:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: Server Core (http://www.eclipse.org/jetty) org.eclipse.jetty:jetty-server:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty:: Utilities (http://www.eclipse.org/jetty/jetty-util) org.eclipse.jetty:jetty-util:jar:7.5.4.v20111024
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty:: Utilities (http://www.eclipse.org/jetty/jetty-util) org.eclipse.jetty:jetty-util:jar:7.5.4.v20111024
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
MIME streaming extension (http://mimepull.java.net) org.jvnet.mimepull:mimepull:jar:1.7
License: CDDL 1.1 (https://glassfish.java.net/public/CDDL+GPL_1_1.html)
MIME streaming extension (http://mimepull.java.net) org.jvnet.mimepull:mimepull:jar:1.7
License: GPL2 w/ CPE (https://glassfish.java.net/public/CDDL+GPL_1_1.html)
OpenSAML-J (http://opensaml.org/) org.opensaml:opensaml:jar:2.5.1-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
OpenWS (http://opensaml.org/) org.opensaml:openws:jar:1.4.2-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
XMLTooling-J (http://opensaml.org/) org.opensaml:xmltooling:jar:1.3.2-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
Simple Logging Facade for Java - API (http://www.slf4j.org/slf4j-api) org.slf4j:slf4j-api:jar:1.6.2:compile
License: MIT License (http://www.slf4j.org/license.html)
Simple Logging Facade for Java - JDK Logging (http://www.slf4j.org/slf4j-jdk14) org.slf4j:slf4j-jdk14:jar:1.6.2:compile
License: MIT License (http://www.slf4j.org/license.html)
RELAX NG Datatype (http://sourceforge.net/projects/relaxng/) relaxngDatatype:relaxngDatatype:jar:20020414:compile
License: BSD (http://www.opensource.org/licenses/bsd-license.php)
Rhino (http://www.mozilla.org/rhino/) rhino:js:jar:1.7R2
License: Mozilla Public License (http://www.mozilla.org/MPL/MPL-1.1.html)
WSDL4J (http://sf.net/projects/wsdl4j) wsdl4j:wsdl4j:jar:1.6.2
License: CPL (http://www.opensource.org/licenses/cpl1.0.txt)
-------------------------------------------------------------------------
Contents of NOTICE text file for Camel v2.10.0 (as part of Progress 1PAdapters v1.5.4):
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the Apache Camel distribution. ==
=========================================================================
Apache Camel
Copyright 2007-2011 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
"This product includes software developed by the Spring Framework
Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Velocity v1.7 (as part of Progress 1PAdapters v1.5.4):
Apache Velocity Copyright (C) 2000-2007 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Commons HTTP Client v4.3 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache HttpComponents HttpClient
Copyright 1999-2012 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
-------------------------------------------------------------------------
Contents of NOTICE text file for Axis2 v1.4 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the Apache Axis2 distribution. ==
=========================================================================
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
Portions Copyright 2006 International Business Machines Corp.
Portions Copyright 2005-2007 WSO2, Inc.
This product also includes schemas and specification developed by:
- the W3C consortium (http://www.w3c.org)
This product also includes WS-* schemas developed by International Business Machines Corporation, Microsoft Corporation, BEA Systems, TIBCO Software, SAP AG, Sonic Software, and VeriSign
This product also includes a WSDL developed by salesforce.com
- Copyright 1999-2006 salesforce.com, inc.
Portions of the included xmlbeans library were originally based on the following:
- software copyright (c) 2000-2003, BEA Systems, .
Please read the different LICENSE files present in the lib directory of
this distribution.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XMLSchema v2.0.3 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3:
Apache WebServices – XmlSchema - Copyright 2004-2009 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions Copyright 2006 International Business Machines Corp.
-------------------------------------------------------------------------
Contents of NOTICE text file for Commons Codec v1.6:
Apache Commons Codec - Copyright 2002-2011 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java contains
test data from http://aspell.sourceforge.net/test/batch0.tab.
Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org). Verbatim copying
and distribution of this entire article is permitted in any medium,
provided this notice is preserved.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTP Components v4.3.1:
Apache HttpComponents Client Copyright 1999-2013 The Apache Software Foundation - This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTP Components v4.3.3:
Apache HttpComponents Client
Copyright 1999-2014 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Xerces v2.9.0:
=========================================================================
== NOTICE file corresponding to section 4(d) of the Apache License, ==
== Version 2.0, in this case for the Apache Xerces Java distribution. ==
=========================================================================
Apache Xerces Java Copyright 1999-2007 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- voluntary contributions made by Paul Eng on behalf of the
Apache Software Foundation that were originally developed at iClick, Inc., software copyright (c) 1999.
-------------------------------------------------------------------------
Additional text from bottom of Apache 2.0 license for Apache Tomcat v7.0.79 and (as part of Progress AppServer (PAS) Core v1.2.4):
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 Eclipse JDT Core Batch Compiler (ecj-x.x.x.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
- javaee_6.xsd
- javaee_web_services_1_3.xsd
- javaee_web_services_client_1_3.xsd
- jsp_2_2.xsd
- web-app_3_0.xsd
- web-common_3_0.xsd
- web-fragment_3_0.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.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Tomcat v7.0.79 and (as part of Progress AppServer (PAS) Core v1.2.4):
Apache Tomcat
Copyright 1999-2017 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
The Windows Installer is built with the Nullsoft Scriptable Install System (NSIS), which is open source software. The original software and
related information is available at http://nsis.sourceforge.net.
Java compilation software for JSP pages is provided by the Eclipse
JDT Core Batch Compiler component, which is open source software.
The original software and related information is available at
http://www.eclipse.org/jdt/core/.
For the bayeux implementation
The org.apache.cometd.bayeux API is derivative work originating at the Dojo Foundation
* Copyright 2007-2008 Guy Molinari
* Copyright 2007-2008 Filip Hanik
* Copyright 2007 Dojo Foundation
* Copyright 2007 Mort Bay Consulting Pty. Ltd.
The original XML Schemas for Java EE Deployment Descriptors:
- javaee_5.xsd
- javaee_web_services_1_2.xsd
- javaee_web_services_client_1_2.xsd
- javaee_6.xsd
- javaee_web_services_1_3.xsd
- javaee_web_services_client_1_3.xsd
- jsp_2_2.xsd
- web-app_3_0.xsd
- web-common_3_0.xsd
- web-fragment_3_0.xsd
may be obtained from http://java.sun.com/xml/ns/javaee/
-------------------------------------------------------------------------
Additional text from bottom of Apache 2.0 license for Apache Lucene v4.4:
Some code in core/src/java/org/apache/lucene/util/UnicodeUtil.java was derived from unicode conversion examples available at http://www.unicode.org/Public/PROGRAMS/CVTUTF. Here is the copyright from those sources:
Copyright 2001-2004 Unicode, Inc.
Disclaimer
This source code is provided as is by Unicode, Inc. No claims are made as to fitness for any particular purpose. No warranties of any kind are expressed or implied. The recipient agrees to determine applicability of information provided. If this file has been purchased on magnetic or optical media from Unicode, Inc., the sole remedy for any claim will be exchange of defective media within 90 days of receipt.
Limitations on Rights to Redistribute This Code Unicode, Inc. hereby grants the right to freely use the information supplied in this file in the creation of products supporting the Unicode Standard, and to make copies of this file in any form for internal or external distribution as long as this notice remains attached.
Some code in core/src/java/org/apache/lucene/util/ArrayUtil.java was derived from Python 2.4.2 sources available at http://www.python.org. Full license is here: http://www.python.org/download/releases/2.4.2/license/
Some code in core/src/java/org/apache/lucene/util/UnicodeUtil.java was derived from Python 3.1.2 sources available at http://www.python.org. Full license is here: http://www.python.org/download/releases/3.1.2/license/
Some code in core/src/java/org/apache/lucene/util/automaton was derived from Brics automaton sources available at www.brics.dk/automaton/. Here is the copyright from those sources:
Copyright (c) 2001-2009 Anders Moeller 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 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.
The levenshtein automata tables in core/src/java/org/apache/lucene/util/automaton were automatically generated with the moman/finenight FSA package.
Here is the copyright for those sources:
Copyright (c) 2010, Jean-Philippe Barrette-LaPierre,
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Some code in core/src/java/org/apache/lucene/util/UnicodeUtil.java was derived from ICU (http://www.icu-project.org) The full license is available here: http://source.icu-project.org/repos/icu/icu/trunk/license.html
Copyright (C) 1999-2010, International Business Machines Corporation and others. All Rights Reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
The following license applies to the Snowball stemmers:
Copyright (c) 2001, Dr Martin Porter
Copyright (c) 2002, Richard Boulton
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following license applies to the KStemmer:
Copyright © 2003, Center for Intelligent Information Retrieval, University of Massachusetts, Amherst. 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 names "Center for Intelligent Information Retrieval" and "University of Massachusetts" must not be used to endorse or promote products derived from this software without prior written permission. To obtain permission, contact info@ciir.cs.umass.edu.
THIS SOFTWARE IS PROVIDED BY UNIVERSITY OF MASSACHUSETTS AND OTHER CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following license applies to the Morfologik project:
Copyright (c) 2006 Dawid Weiss
Copyright (c) 2007-2011 Dawid Weiss, Marcin Mi?kowski
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Morfologik nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The dictionary comes from Morfologik project. Morfologik uses data from
Polish ispell/myspell dictionary hosted at http://www.sjp.pl/slownik/en/ and is licenced on the terms of (inter alia) LGPL and Creative Commons
ShareAlike. The part-of-speech tags were added in Morfologik project and are not found in the data from sjp.pl. The tagset is similar to IPI PAN tagset.
The following license applies to the Morfeusz project, used by org.apache.lucene.analysis.morfologik.
BSD-licensed dictionary of Polish (SGJP) http://sgjp.pl/morfeusz/
Copyright © 2011 Zygmunt Saloni, W?odzimierz Gruszczy?ski, Marcin Woli?ski, Robert Wo?osz 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.
THIS SOFTWARE IS PROVIDED BY COPYRIGHT HOLDERS “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 COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Lucene v4.4:
Apache Lucene
Copyright 2013 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
Includes software from other Apache Software Foundation projects, including, but not limited to:
- Apache Ant
- Apache Jakarta Regexp
- Apache Commons
- Apache Xerces
ICU4J, (under analysis/icu) is licensed under an MIT styles license and Copyright (c) 1995-2008 International Business Machines Corporation and others
Some data files (under analysis/icu/src/data) are derived from Unicode data such as the Unicode Character Database. See http://unicode.org/copyright.html for more details.
Brics Automaton (under core/src/java/org/apache/lucene/util/automaton) is BSD-licensed, created by Anders Mřller. See http://www.brics.dk/automaton/
The levenshtein automata tables (under core/src/java/org/apache/lucene/util/automaton) were automatically generated with the moman/finenight FSA library, created by Jean-Philippe Barrette-LaPierre. This library is available under an MIT license, see http://sites.google.com/site/rrettesite/moman and http://bitbucket.org/jpbarrette/moman/overview/
The class org.apache.lucene.util.WeakIdentityMap was derived from the Apache CXF project and is Apache License 2.0.
The Google Code Prettify is Apache License 2.0. See http://code.google.com/p/google-code-prettify/
JUnit (junit-4.10) is licensed under the Common Public License v. 1.0 See http://junit.sourceforge.net/cpl-v10.html
This product includes code (JaspellTernarySearchTrie) from Java Spelling Checking Package (jaspell): http://jaspell.sourceforge.net/
License: The BSD License (http://www.opensource.org/licenses/bsd-license.php)
The snowball stemmers in analysis/common/src/java/net/sf/snowball were developed by Martin Porter and Richard Boulton.
The snowball stopword lists in analysis/common/src/resources/org/apache/lucene/analysis/snowball were developed by Martin Porter and Richard Boulton.
The full snowball package is available from http://snowball.tartarus.org/
The KStem stemmer in analysis/common/src/org/apache/lucene/analysis/en was developed by Bob Krovetz and Sergio Guzman-Lara (CIIR-UMass Amherst) under the BSD-license.
The Arabic, Persian, Romanian, Bulgarian, and Hindi analyzers (common) come with a default stopword list that is BSD-licensed created by Jacques Savoy. These files reside in:
analysis/common/src/resources/org/apache/lucene/analysis/ar/stopwords.txt,
analysis/common/src/resources/org/apache/lucene/analysis/fa/stopwords.txt,
analysis/common/src/resources/org/apache/lucene/analysis/ro/stopwords.txt,
analysis/common/src/resources/org/apache/lucene/analysis/bg/stopwords.txt,
analysis/common/src/resources/org/apache/lucene/analysis/hi/stopwords.txt
See http://members.unine.ch/jacques.savoy/clef/index.html.
The German, Spanish, Finnish, French, Hungarian, Italian, Portuguese, Russian and Swedish light stemmers (common) are based on BSD-licensed reference implementations created by Jacques Savoy and
Ljiljana Dolamic. These files reside in:
analysis/common/src/java/org/apache/lucene/analysis/de/GermanLightStemmer.java analysis/common/src/java/org/apache/lucene/analysis/de/GermanMinimalStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/es/SpanishLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/fi/FinnishLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/fr/FrenchLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/fr/FrenchMinimalStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/hu/HungarianLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/it/ItalianLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/pt/PortugueseLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/ru/RussianLightStemmer.java
analysis/common/src/java/org/apache/lucene/analysis/sv/SwedishLightStemmer.java
The Stempel analyzer (stempel) includes BSD-licensed software developed by the Egothor project http://egothor.sf.net/, created by Leo Galambos, Martin Kvapil, and Edmond Nolan.
The Polish analyzer (stempel) comes with a default stopword list that is BSD-licensed created by the Carrot2 project. The file resides in stempel/src/resources/org/apache/lucene/analysis/pl/stopwords.txt.
See http://project.carrot2.org/license.html.
The SmartChineseAnalyzer source code (smartcn) was provided by Xiaoping Gao and copyright 2009 by www.imdict.net.
WordBreakTestUnicode_*.java (under modules/analysis/common/src/test/) is derived from Unicode data such as the Unicode Character Database. See http://unicode.org/copyright.html for more details.
The Morfologik analyzer (morfologik) includes BSD-licensed software developed by Dawid Weiss and Marcin Mi?kowski (http://morfologik.blogspot.com/).
Morfologik uses data from Polish ispell/myspell dictionary (http://www.sjp.pl/slownik/en/) licenced on the terms of (inter alia) LGPL and Creative Commons ShareAlike.
Morfologic includes data from BSD-licensed dictionary of Polish (SGJP) (http://sgjp.pl/morfeusz/)
Servlet-api.jar and javax.servlet-*.jar are under the CDDL license, the original source code for this can be found at http://www.eclipse.org/jetty/downloads.php
===========================================================================
Kuromoji Japanese Morphological Analyzer - Apache Lucene Integration
===========================================================================
This software includes a binary and/or source version of data from mecab-ipadic-2.7.0-20070801 which can be obtained from http://atilika.com/releases/mecab-ipadic/mecab-ipadic-2.7.0-20070801.tar.gz
or
http://jaist.dl.sourceforge.net/project/mecab/mecab-ipadic/2.7.0-20070801/mecab-ipadic-2.7.0-20070801.tar.gz
=========================================================================
mecab-ipadic-2.7.0-20070801 Notice
=========================================================================
Nara Institute of Science and Technology (NAIST), the copyright holders, disclaims all warranties with regard to this software, including all implied warranties of merchantability and fitness, in no event shall NAIST 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 tortuous action, arising out of or in connection with the use or performance of this software.
A large portion of the dictionary entries originate from ICOT Free Software. The following conditions for ICOT Free Software applies to the current dictionary as well.
Each User may also freely distribute the Program, whether in its original form or modified, to any third party or parties, PROVIDED that the provisions of Section 3 ("NO WARRANTY") will ALWAYS appear on, or be attached to, the Program, which is distributed substantially in the same form as set out herein and that such intended distribution, if actually made, will neither violate or otherwise contravene any of the laws and regulations of the countries having jurisdiction over the User or the intended distribution itself.
NO WARRANTY
The program was produced on an experimental basis in the course of the research and development conducted during the project and is provided to users as so produced on an experimental basis. Accordingly, the program is provided without any warranty whatsoever, whether express, implied, statutory or otherwise. The term "warranty" used herein includes, but is not limited to, any warranty of the quality, performance, merchantability and fitness for a particular purpose of the program and the nonexistence of any infringement or violation of any right of any third party.
Each user of the program will agree and understand, and be deemed to have agreed and understood, that there is no warranty whatsoever for the program and, accordingly, the entire risk arising from or otherwise connected with the program is assumed by the user.
Therefore, neither ICOT, the copyright holder, or any other organization that participated in or was otherwise related to the development of the program and their respective officials, directors, officers and other employees shall be held liable for any and all damages, including, without limitation, general, special, incidental and consequential damages, arising out of or otherwise in connection with the use or inability to use the program or any product, material or result produced or otherwise obtained by using the program, regardless of whether they have been advised of, or otherwise had knowledge of, the possibility of such damages at any time during the project or thereafter. Each user will be deemed to have agreed to the foregoing by his or her commencement of use of the program. The term
"use" as used herein includes, but is not limited to, the use, modification, copying and distribution of the program and the production of secondary products from the program.
In the case where the program, whether in its original form or modified, was distributed or delivered to or received by a user from any person, organization or entity other than ICOT, unless it makes or grants independently of ICOT any specific warranty to the user in writing, such person, organization or entity, will also be exempted from and not be held liable to the user for any such damages as noted above as far as the program is concerned.
---------------------------------------------------------------------
Contents of THIRD-PARTY-LICENSE text file for Ehcache Core v2.6.6 (NOTE: Progress does not use, modify, or redistribute the SIGAR library in connection with Progress OpenEdge v11.6:
Acknowledgements & Disclosures
Terracotta gratefully acknowledges the open-source software community's contributions to the development of our products. In accordance with requirements established by the operative license agreements entered into by Terracotta and certain third-party software vendors, Terracotta discloses the items listed below.
In addition, please note that any customer that purchases and installs
Terracotta software accepts, and agrees to comply with, the license agreements cited herein. Terracotta does not charge any customer for the use of any third-party software product(s).
Disclosures:
(1) Terracotta's software uses unmodified portions of ANTLR's source code and uses its output.
(2) Terracotta incorporates ObjectWeb's ASM into its software, and recites the following terms, pursuant to the governing BSD license.
(Note that herein, "copyright holder" and "contributor" refers to ObjectWeb, and "software" refers to the ASM product.)
Copyright (c) 2005, ObjectWeb (ASM). 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)Neither the name of ObjectWeb (ASM) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(4)Terracotta incorporates AspectWerkz into its software.
Because Terracotta does not modify Aspectwerkz and redistribute the modifications, most of the substantive terms of the governing Lesser GNU Public License (LGPL) are inapplicable, pursuant to the express terms of the Aspectwerkz licensing documentation, which is available online at http://aspectwerkz.codehaus.org/license.html and excerpted in relevant part, below: AspectWerkz is Free Software. The LGPL license is sufficiently flexible to allow the use of AspectWerkz in both open source and commercial projects. Using AspectWerkz (by importing AspectWerkz's public interfaces in your Java code), and extending AspectWerkz (by subclassing) is considered by the authors of AspectWerkz to be dynamic linking. Hence our interpretation of the LGPL is that the use of the unmodified AspectWerkz source does not affect the license of your application code. The use of the unmodified
AspectWerkz binary of course never affects the license of your
application or distribution. If you modify AspectWerkz and redistribute
your modifications, the LGPL applies.
(5)Terracotta incorporates eleven components into its software
(Apache Commons CLI; Apache Commons Collections; Apache Commons IO,
Apache Commons Lang; Apache Commons Logging; Apache Jakarta Regexp;
Apache Log4j; Apache Xalan-Java; Apache XMLBeans 2.0.0; TrueZIP;
Google Collections; and Jetty) that are licensed under the Apache
License 2.0, which sets forth the following requirements:
Copyright 2005 Terracotta, Inc.
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.
Apache Xerces is licensed under the Apache License 1.1, which sets forth the following requirements:
Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see .
(6) Terracotta incorporates the GNU Trove library into its software. The source code for GNU Trove is licensed under the Lesser GNU Public License (LGPL), a copy of which is available for public download at http://www.gnu.org/copyleft/lesser.html. Because Terracotta does not modify the source code for GNU Trove, most of the substantive requirements of the LGPL are inapplicable. As required by the LGPL, Terracotta recites the following:
Copyright (c) 2001, Eric D. Friedman All Rights Reserved.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library 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.
Two classes (HashFunctions and PrimeFinder) included in Trove are licensed under the following terms:
Copyright (c) 1999 CERN - European Organization for Nuclear Research.
Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. CERN makes no representations about the suitability of this software for any purpose. It is provided "as is" without expressed or implied warranty.
(7)Terracotta incorporates Sun Microsystems' JAXP into its software. Pursuant to the terms of the governing W3C license, Terracotta recites the following terms:
W3C SOFTWARE NOTICE AND LICENSE
Copyright 1994-2002 World Wide Web Consortium, (Massachusetts
Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved.
http://www.w3.org/Consortium/Legal/
This W3C work (including software, documents, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions:
Permission to use, copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications, that you make:
1.The full text of this NOTICE in a location viewable to users of the redistributed or derivative work.
2.Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, a short notice of the following form (hypertext is preferred, text is permitted) should be used within the body of any redistributed or derivative code: "Copyright [2005] World Wide Web Consortium, (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/"
3.Notice of any changes or modifications to the W3C files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders.
The following software may be included in this product: Xalan 2.x. Use of any of this software is governed by the terms of the Apache License, version 2.0 (January 2004), as set forth above in this Documentation (See section (4), supra, and accompanying text).
The following software may be included in this product: BCEL 5.x. Use of any of this software is governed by the terms of the license below:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistribution 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. All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java
Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following software may be included in this product: RegExp v1.x. Use of any of this software is governed by the terms of the license below:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution 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. All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following software may be included in this product: Jcup. Use of any of this software is governed by the terms of the license below:
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.
The following software may be included in this product: Jlex. Use of any of this software is governed by the terms of the license below:
JLEX COPYRIGHT NOTICE, LICENSE AND DISCLAIMER.
Copyright 1996-2003 by Elliot Joel Berk and 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 name 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.
Java is a trademark of Sun Microsystems, Inc. References to the Java programming language in relation to JLex are not meant to imply that
Sun endorses this product.
The following software may be included in this product: Xerces v2.6.x.
Use of any of this software is governed by the terms of the license below:
Copyright 1996-2003 by Elliot Joel Berk and 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 name 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.
Java is a trademark of Sun Microsystems, Inc. References to the Java programming language in relation to JLex are not meant to imply that
Sun endorses this product.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution 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. All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Terracotta also incorporates Sun Microsystems' JAXP / SAX and JAXP / DOM into its software. Pursuant to the terms of the APIs' governing license, Terracotta recites the following:
Copyright Sun Microsystems, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
(8) Terracotta incorporates Doug Lea's utilities into its software.
Portions of the CopyOnWriteArrayList and ConcurrentReaderHashMap classes are adapted from Sun Microsystems' JDK source code. Sun Microsystems retains all copyright in the classes, which are subject to the conditions set forth in the license agreement between Doug Lea and Sun Microsystems, which is online at http://gee.cs.oswego.edu/dl/classes/EDU/oswego/cs/dl/util/sun-u.c. license.pdf and excerpted, in relevant part, as follows:
"Java Software Technologies" means
classes/java/util/ArrayList.java, and
classes/java/util/HashMap.java.
The Java Software Technologies are copyright 1994-2000 Sun Microsystems, Inc. All rights reserved.
Sun hereby grants Doug Lea a non-excusive, worldwide, non-transferrable license to use, reproduce, create derivative works of, and distribute the Java Software and derivative works thereof in source and binary forms as part of a larger work, and to sublicense the right to use, reproduce and distribute the Java Software and Doug Lea's derivative works as the part of larger works through multiple tiers of sublicensees provided that the following conditions are met:
(a)Neither the name of or trademarks of Sun may be used to endorse or promote products including or derived from the Java Software Technology without specific prior written permission; and
(b)Redistributions of source or binary code must contain the above copyright notice, this notice and the following disclaimers:
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN MICROSYSTEMS, INC. OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, EVEN IF SUN MICROSYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Software is not designed, licensed or intended for us in the design, construction, operation or maintenance of any nuclear facility.
(9) Terracotta incorporates Base64, a Java class freely-available in the public domain, into its software.
(10) Terracotta software contains, and Terracotta redistributes to its end users in binary format only, the SIGAR library, made available under exclusive license to Terracotta, from Hyperic, Inc. ("Hyperic"). The SIGAR library is not licensed under the Terracotta Public License, but rather, the following terms and conditions. You may use the SIGAR library but may not modify it or redistribute it to any third-party. You may not remove any trademarks, trade names, service marks, logos, slogans or URLs of Hyperic that appear in the SIGAR library. In addition, you may not adapt, alter, recast, transform, translate or create derivative works from the SIGAR library; distribute, sublicense, lease, rent, sell, loan or otherwise transfer the SIGAR library to any third party; or reverse engineer, decompile, or disassemble the SIGAR library. THE SIGAR LIBRARY IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. HYPERIC AND TERRACOTTA DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SOFTWARE, SERVICES AND ANY OTHER MATERIALS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HYPERIC DOES NOT WARRANT THAT THE SIGAR LIBRARY WILL BE PROVIDED ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. HYPERIC MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OR REPRESENTATION TO ANY PERSON OR ENTITY WITH RESPECT TO THE SIGAR LIBRARY. TO THE EXTENT THAT A WARRANTY CANNOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW. NEITHER HYPERIC NOR TERRACOTTA WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FOR BREACH OF CONTRACT OR TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY LOST DATA AND LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
(11) Certain components of Terracotta's software use the Oracle Berkeley DB; in accordance with the Open Source License for Oracle Berkeley DB Java Edition listed below, the source code for those components and the DB software are available for free at:
Copyright (c) 2002-2008 Oracle. 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. Redistributions in any form must be accompanied by information on how to obtain complete source code for the DB software and any accompanying software that uses the DB software. The source code must either be included in the distribution or be available for no more than the cost of distribution plus a nominal fee, and must be freely redistributable under reasonable conditions. For an executable file, complete source code means the source code for all modules it contains. It does not include source code for modules or files that typically accompany the major components of the operating system on which the executable file runs.
THIS SOFTWARE IS PROVIDED BY ORACLE ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE 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.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
ASM: a very small and fast Java bytecode manipulation framework Copyright (c) 2000-2005 INRIA, France Telecom 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. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(12) Certain components of Terracotta's software use a collection of Concurrent and Highly Scalable Utilities, which are in the public domain, as detailed on the following web page: http://creativecommons.org/licenses/publicdomain
(13) Certain components of Terracotta's software use javabi-sizeof, the use of which is governed by the BSD license, the terms of which are available online at http://www.opensource.org/licenses/bsd-license.php
(14) Some components of Ehcache use SLF4J libraries which are licensed under the MIT License http://www.slf4j.org/license.html
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Camel v2.10.1:
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the Apache Camel distribution. ==
=========================================================================
Apache Camel
Copyright 2007-2012 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
“This product includes software developed by the Spring Framework Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
--------------------------------------------------------------------------
Contents of NOTICE text file for Apache Camel v2.10.3:
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the Apache Camel distribution. ==
=========================================================================
Apache Camel
Copyright 2007-2012 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
"This product includes software developed by the Spring Framework Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Camel v2.14.0:
=========================================================================
== NOTICE file corresponding to the section 4 d of ==
== the Apache License, Version 2.0, ==
== in this case for the Apache Camel distribution. ==
=========================================================================
Apache Camel
Copyright 2007-2014 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
“This product includes software developed by the Spring Framework Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear. The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
=========================================================================
== OpenShift Notice ==
=========================================================================
This product includes software developed by the OpenShift Project (https://github.com/openshift/openshift-java-client/).
------------------------------------------------------------------------
Third-Party Information included with License for Apache ActiveMQ v5.8.0:
-- activemq-web
=========================================================================
== For the behaviour.js library ==
=========================================================================
Copyright (c) 2005, Ben Nolan All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
* Neither the name of the Ben Nolan nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=========================================================================
== For the prototype.js library ==
=========================================================================
Copyright (c) 2005 Sam Stephenson
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
====================================================================
== Licenses for non-apache libraries included in this assembly ==
====================================================================
jetty
jmdns
mx4j
spring
tanuki wrapper
xmlpull
xstream
=========================================================================
== Jetty is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== jmdns is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== For the mx4j, mx4j-remote, and mx4j-tools library ==
=========================================================================
The MX4J License, Version 1.0
Copyright (c) 2001-2004 by the MX4J contributors. 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 MX4J project (http://mx4j.sourceforge.net)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "MX4J" must not be used to endorse or promote products derived from this software without prior written permission.
For written permission, please contact biorn_steedom [at] users [dot] sourceforge [dot] net
5. Products derived from this software may not be called "MX4J", nor may "MX4J" appear in their name, without prior written permission of Simone Bordet.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE MX4J CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===================================================================
This software consists of voluntary contributions made by many individuals on behalf of the MX4J project. For more information on MX4J, please see
the MX4J website.
=========================================================================
== Spring is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== For the Tanuki Software libraries ==
=========================================================================
Copyright (c) 1999, 2004 Tanuki Software
Permission is hereby granted, free of charge, to any person obtaining a copy of the Java Service Wrapper and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Portions of the Software have been derived from source code developed by Silver Egg Technology under the following license:
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
=========================================================================
== For the xmlpull library ==
=========================================================================
XMLPULL API IS FREE
-------------------
All of the XMLPULL API source code, compiled code, and documentation contained in this distribution *except* for tests (see separate LICENSE_TESTS.txt) are in the Public Domain.
XMLPULL API comes with NO WARRANTY or guarantee of fitness for any purpose.
Initial authors:
Stefan Haustein
Aleksander Slominski
2001-12-12
=========================================================================
== For the xstream library ==
=========================================================================
(BSD Style License)
Copyright (c) 2003-2004, Joe Walnes All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of XStream nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=========================================================================
== For jaxb-api and jaxb-impl (CDDL) ==
== Source code is at java.net ==
=========================================================================
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.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache ActiveMQ v5.8.0:
Apache ActiveMQ - Copyright 2005-2008 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
"This product includes software developed by the Spring Framework
Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
=========================================================================
== MX4J Notice ==
=========================================================================
This product includes software developed by the MX4J project (http://sourceforge.net/projects/mx4j).
==============================================================
Jetty Web Container
Copyright 1995-2006 Mort Bay Consulting Pty Ltd
==============================================================
This product includes some software developed at The Apache Software Foundation (http://www.apache.org/).
The javax.servlet package used by Jetty is copyright Sun Microsystems, Inc and Apache Software Foundation. It is distributed under the Common Development and Distribution License. You can obtain a copy of the license at https://glassfish.dev.java.net/public/CDDLv1.0.html.
The UnixCrypt.java code ~Implements the one way cryptography used by Unix systems for simple password protection. Copyright 1996 Aki Yoshida, modified April 2001 by Iris Van den Broeke, Daniel Deville.
The default JSP implementation is provided by the Glassfish JSP engine from project Glassfish http://glassfish.dev.java.net. Copyright 2005 Sun Microsystems, Inc. and portions Copyright Apache Software Foundation.
Some portions of the code are Copyright:
2006 Tim Vernum
1999 Jason Gilbert.
The jboss integration module contains some LGPL code.
===============================================================
== NOTICE File for JmDNS ==
===============================================================
Java Multicast Domain Name Server (JmDNS)
This project was originally developed by Arthur van Hoff under the GNU Lesser General Public License as jRendevous. It was moved to Sourceforge by Rick Blair and renamed to JmDNS with the Arthur's kind permission.
Currently it has been re-released under the Apache License, Version 2.0.
Details of the Apache License, Version 2.0 can be found at: http://www.apache.org/licenses/
For other details please see the README.txt file.
-------------------------------------------------------------------------
Third-Party Information included with License for Apache ActiveMQ v5.9.0:
-- activemq-web
=========================================================================
== For the behaviour.js library ==
=========================================================================
Copyright (c) 2005, Ben Nolan All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided
with the distribution.
* Neither the name of the Ben Nolan nor the names of its
contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=========================================================================
== For the prototype.js library ==
=========================================================================
Copyright (c) 2005 Sam Stephenson
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
====================================================================
== Licenses for non-apache libraries included in this assembly ==
====================================================================
jetty
jmdns
mx4j
spring
tanuki wrapper
xmlpull
xstream
=========================================================================
== Jetty is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== jmdns is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== For the mx4j, mx4j-remote, and mx4j-tools library ==
=========================================================================
The MX4J License, Version 1.0
Copyright (c) 2001-2004 by the MX4J contributors. 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 MX4J project (http://mx4j.sourceforge.net)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The name "MX4J" must not be used to endorse or promote products derived from this software without prior written permission.
For written permission, please contact biorn_steedom [at] users [dot] sourceforge [dot] net
5. Products derived from this software may not be called "MX4J", nor may "MX4J" appear in their name, without prior written permission of Simone Bordet.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE MX4J CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
====================================================================
This software consists of voluntary contributions made by many individuals on behalf of the MX4J project. For more information on MX4J, please see
the MX4J website.
=========================================================================
== Spring is licensed under the Apache License Version 2.0 ==
=========================================================================
=========================================================================
== For the Tanuki Software libraries ==
=========================================================================
Copyright (c) 1999, 2004 Tanuki Software
Permission is hereby granted, free of charge, to any person obtaining a copy of the Java Service Wrapper and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Portions of the Software have been derived from source code developed by Silver Egg Technology under the following license:
Copyright (c) 2001 Silver Egg Technology
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
=========================================================================
== For the xmlpull library ==
=========================================================================
XMLPULL API IS FREE
-------------------
All of the XMLPULL API source code, compiled code, and documentation contained in this distribution *except* for tests (see separate LICENSE_TESTS.txt) are in the Public Domain.
XMLPULL API comes with NO WARRANTY or guarantee of fitness for any purpose.
Initial authors:
Stefan Haustein
Aleksander Slominski
2001-12-12
=========================================================================
== For the xstream library ==
=========================================================================
(BSD Style License) Copyright (c) 2003-2004, Joe Walnes All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of XStream nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
=========================================================================
== For jaxb-api and jaxb-impl (CDDL) ==
== Source code is at java.net ==
=========================================================================
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.
-------------------------------------------------------------------------
Contents of NOTICES text file for Apache ActiveMQ v5.10.0:
Apache ActiveMQ
Copyright 2005-2013 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
== Spring Notice ==
=========================================================================
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement:
"This product includes software developed by the Spring Framework Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
=========================================================================
== MX4J Notice ==
=========================================================================
This product includes software developed by the MX4J project (http://sourceforge.net/projects/mx4j).
==============================================================
Jetty Web Container
Copyright 1995-2006 Mort Bay Consulting Pty Ltd
==============================================================
This product includes some software developed at The Apache Software Foundation (http://www.apache.org/).
The javax.servlet package used by Jetty is copyright Sun Microsystems, Inc and Apache Software Foundation. It is distributed under the Common Development and Distribution License. You can obtain a copy of the license at https://glassfish.dev.java.net/public/CDDLv1.0.html.
The UnixCrypt.java code ~Implements the one way cryptography used by Unix systems for simple password protection. Copyright 1996 Aki Yoshida, modified April 2001 by Iris Van den Broeke, Daniel Deville.
The default JSP implementation is provided by the Glassfish JSP engine from project Glassfish http://glassfish.dev.java.net. Copyright 2005 Sun Microsystems, Inc. and portions Copyright Apache Software Foundation.
Some portions of the code are Copyright:
2006 Tim Vernum
1999 Jason Gilbert.
The jboss integration module contains some LGPL code.
===============================================================
== NOTICE File for JmDNS ==
===============================================================
Java Multicast Domain Name Server (JmDNS)
This project was originally developed by Arthur van Hoff under the GNU Lesser General Public License as jRendevous. It was moved to Sourceforge by Rick Blair and renamed to JmDNS with the Arthur's kind permission.
Currently it has been re-released under the Apache License, Version 2.0.
Details of the Apache License, Version 2.0 can be found at:
http://www.apache.org/licenses/
For other details please see the README.txt file.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Shiro v1.2.1 and Apache Shiro v1.2.3:
Apache Shiro Copyright 2008-2012 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
The implementation for org.apache.shiro.util.SoftHashMap is based on initial ideas from Dr. Heinz Kabutz's publicly posted version available at http://www.javaspecialists.eu/archive/Issue015.html, with continued modifications.
Certain parts (StringUtils etc.) of the source code for this product was copied for simplicity and to reduce dependencies from the source code developed by the Spring Framework Project (http://www.springframework.org).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache FOP v0.93:
This product includes software developed by The Apache Software Foundation (http://www.apache.org/). This software consists of voluntary contributions made by many individuals on behalf of The Apache Software Foundation and was originally created by James Tauber .
-------------------------------------------------------------------------
Contents of NOTICES.txt file for Apache POI v3.8:
Copyright 2009 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
This product contains the DOM4J library (http://www.dom4j.org).
Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved.
This product contains parts that were originally based on software from BEA. Copyright (c) 2000-2003, BEA Systems, .
This product contains W3C XML Schema documents. Copyright 2001-2003 (c)
World Wide Web Consortium (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University)
This product contains the Piccolo XML Parser for Java
(http://piccolo.sourceforge.net/). Copyright 2002 Yuval Oren.
This product contains the chunks_parse_cmds.tbl file from the vsdump program. Copyright (C) 2006-2007 Valek Filippov (frob@df.ru)
-------------------------------------------------------------------------
Contents of NOTICE text file for Terracotta Quartz Scheduler v2.1.5:
Quartz Scheduler
Copyright 2001-2009 Terracotta, Inc.
-------------------------------------------------------------------------
Contents of NOTICE text file for Terracotta Quartz Scheduler v2.2.1:
Acknowledgements & Disclosures
Terracotta gratefully acknowledges the open-source software community's contributions to the development of our products. In accordance with requirements established by the operative license agreements entered into by Terracotta and certain third-party software vendors, Terracotta discloses the items listed below.
In addition, please note that any customer that purchases and installs Terracotta software accepts, and agrees to comply with, the license agreements cited herein. Terracotta does not charge any customer for the use of any third-party software product(s).
Disclosures:
(1) Terracotta's software uses unmodified portions of ANTLR's source code and uses its output.
(2) Terracotta incorporates ObjectWeb's ASM into its software, and recites the following terms, pursuant to the governing BSD license. (Note that herein, "copyright holder" and "contributor" refers to ObjectWeb, and "software" refers to the ASM product.)
Copyright (c) 2005, ObjectWeb (ASM). 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)Neither the name of ObjectWeb (ASM) nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(4)Terracotta incorporates AspectWerkz into its software.
Because Terracotta does not modify Aspectwerkz and redistribute the modifications, most of the substantive terms of the governing Lesser GNU Public License (LGPL) are inapplicable, pursuant to the express terms of the Aspectwerkz licensing documentation, which is available online at http://aspectwerkz.codehaus.org/license.html and excerpted in relevant part, below: AspectWerkz is Free Software. The LGPL license is sufficiently flexible to allow the use of AspectWerkz in both open source and commercial projects. Using AspectWerkz (by importing AspectWerkz's public interfaces in your Java code), and extending AspectWerkz (by subclassing) is considered by the authors of AspectWerkz to be dynamic linking. Hence our interpretation of the LGPL is that the use of the unmodified AspectWerkz source does not affect the license of your application code. The use of the unmodified
AspectWerkz binary of course never affects the license of your application or distribution. If you modify AspectWerkz and redistribute your modifications, the LGPL applies.
(5)Terracotta incorporates eleven components into its software (Apache Commons CLI; Apache Commons Collections; Apache Commons IO, Apache Commons Lang; Apache Commons Logging; Apache Jakarta Regexp; Apache Log4j; Apache Xalan-Java; Apache XMLBeans 2.0.0; TrueZIP; Google Collections; and Jetty) that are licensed under the Apache License 2.0, which sets forth the following requirements: Copyright 2005 Terracotta, Inc.
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.
Apache Xerces is licensed under the Apache License 1.1, which sets forth the following requirements: Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see .
(6)Terracotta incorporates the GNU Trove library into its software. The source code for GNU Trove is licensed under the Lesser GNU Public License (LGPL), a copy of which is available for public download at http://www.gnu.org/copyleft/lesser.html. Because Terracotta does not modify the source code for GNU Trove, most of the substantive requirements of the LGPL are inapplicable. As required by the LGPL, Terracotta recites the following: Copyright (c) 2001, Eric D. Friedman All Rights Reserved.
This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version.
This library 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.
Two classes (HashFunctions and PrimeFinder) included in Trove are licensed under the following terms: Copyright (c) 1999 CERN - European Organization for Nuclear Research.
Permission to use, copy, modify, distribute and sell this software and its documentation for any purpose is hereby granted without fee, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation. CERN makes no representations about the suitability of this software for any purpose. It is provided "as is" without expressed or implied warranty.
(7)Terracotta incorporates Sun Microsystems' JAXP into its software. Pursuant to the terms of the governing W3C license, Terracotta recites the following terms: W3C SOFTWARE NOTICE AND LICENSE
Copyright 1994-2002 World Wide Web Consortium, (Massachusetts
Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/
This W3C work (including software, documents, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions:
Permission to use, copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications, that you make:
1.The full text of this NOTICE in a location viewable to users of the redistributed or derivative work.
2.Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, a short notice of the following form (hypertext is preferred, text is permitted) should be used within the body of any redistributed or derivative code: "Copyright [2005] World
Wide Web Consortium, (Massachusetts Institute of Technology, Institut
National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/"
3.Notice of any changes or modifications to the W3C files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders.
The following software may be included in this product: Xalan 2.x. Use of any of this software is governed by the terms of the Apache License, version 2.0 (January 2004), as set forth above in this Documentation (See section (4), supra, and accompanying text).
The following software may be included in this product: BCEL 5.x. Use of any of this software is governed by the terms of the license below:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution 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.
All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following software may be included in this product: RegExp v1.x.
Use of any of this software is governed by the terms of the license below:
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistribution 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. All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java
Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The following software may be included in this product: Jcup. Use of any of this software is governed by the terms of the license below:
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.
The following software may be included in this product: Jlex. Use of any of this software is governed by the terms of the license below:
JLEX COPYRIGHT NOTICE, LICENSE AND DISCLAIMER.
Copyright 1996-2003 by Elliot Joel Berk and 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 name 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.
Java is a trademark of Sun Microsystems, Inc. References to the Java
programming language in relation to JLex are not meant to imply that
Sun endorses this product.
The following software may be included in this product: Xerces v2.6.x.
Use of any of this software is governed by the terms of the license below:
Copyright 1996-2003 by Elliot Joel Berk and 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 name 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.
Java is a trademark of Sun Microsystems, Inc. References to the Java programming language in relation to JLex are not meant to imply that Sun endorses this product.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistribution 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.
All advertising materials mentioning features or use of this software must display the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
The names "Apache JServ", "Apache JServ Servlet Engine" and "Java Apache Project" must not be used to endorse or promote products derived from this software without prior written permission. Products derived from this software may not be called "Apache JServ" nor may "Apache" nor "Apache JServ" appear in their names without prior written permission of the Java Apache Project. Redistribution of any form whatsoever must retain the following acknowledgment: This product includes software developed by the Java Apache Project for use in the Apache JServ servlet engine project (http://java.apache.org/).
THIS SOFTWARE IS PROVIDED BY THE JAVA APACHE PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JAVA APACHE PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Terracotta also incorporates Sun Microsystems' JAXP / SAX and JAXP / DOM into its software. Pursuant to the terms of the APIs' governing license, Terracotta recites the following:
Copyright Sun Microsystems, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided "AS IS," without a warranty of any kind. ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND
ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
(8) Terracotta incorporates Doug Lea's utilities into its software.
Portions of the CopyOnWriteArrayList and ConcurrentReaderHashMap classes are adapted from Sun Microsystems' JDK source code. Sun Microsystems retains all copyright in the classes, which are subject to the conditions set forth in the license agreement between Doug Lea and Sun Microsystems, which is online at http://gee.cs.oswego.edu/dl/classes/EDU/oswego/cs/dl/util/sun-u.c.
license.pdf and excerpted, in relevant part, as follows:
"Java Software Technologies" means
classes/java/util/ArrayList.java, and
classes/java/util/HashMap.java.
The Java Software Technologies are copyright 1994-2000 Sun
Microsystems, Inc. All rights reserved.
Sun hereby grants Doug Lea a non-excusive, worldwide, non-transferrable license to use, reproduce, create derivative works of, and distribute the Java Software and derivative works thereof in source and binary forms as part of a larger work, and to sublicense the right to use, reproduce and distribute the Java Software and Doug Lea's derivative works as the part of larger works through multiple tiers of sublicensees provided that the following conditions are met:
(a)Neither the name of or trademarks of Sun may be used to endorse or promote products including or derived from the Java Software Technology without specific prior written permission; and
(b)Redistributions of source or binary code must contain the above copyright notice, this notice and the following disclaimers:
This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN MICROSYSTEMS, INC. OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE, EVEN IF SUN MICROSYSTEMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that Software is not designed, licensed or intended for us in the design, construction, operation or maintenance of any nuclear facility.
(9) Terracotta incorporates Base64, a Java class freely-available in the public domain, into its software.
(10) Terracotta software contains, and Terracotta redistributes to its end users in binary format only, the SIGAR library, made available under exclusive license to Terracotta, from Hyperic, Inc. ("Hyperic"). The SIGAR library is not licensed under the Terracotta Public License, but rather, the following terms and conditions. You may use the SIGAR library but may not modify it or redistribute it to any third-party. You may not remove any trademarks, trade names, service marks, logos, slogans or URLs of Hyperic that appear in the SIGAR library. In addition, you may not adapt, alter, recast, transform, translate or create derivative works from the SIGAR library; distribute, sublicense, lease, rent, sell, loan or otherwise transfer the SIGAR library to any third party; or reverse engineer, decompile, or disassemble the SIGAR library. THE SIGAR LIBRARY IS PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. HYPERIC AND TERRACOTTA DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY REGARDING THE SOFTWARE, SERVICES AND ANY OTHER MATERIALS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HYPERIC DOES NOT WARRANT THAT THE SIGAR LIBRARY WILL BE PROVIDED ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. HYPERIC MAKES NO, AND HEREBY DISCLAIMS ANY, WARRANTY OR REPRESENTATION TO ANY PERSON OR ENTITY WITH RESPECT TO THE SIGAR LIBRARY. TO THE EXTENT THAT A WARRANTY CANNOT BE DISCLAIMED AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WILL BE THE MINIMUM REQUIRED UNDER SUCH LAW. NEITHER HYPERIC NOR TERRACOTTA WILL BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FOR BREACH OF CONTRACT OR TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY LOST DATA AND LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION, ARISING FROM OR RELATING TO THIS AGREEMENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
(11) Certain components of Terracotta's software use the Oracle Berkeley DB; in accordance with the Open Source License for Oracle Berkeley DB Java Edition listed below, the source code for those components and the DB software are available for free at:
Copyright (c) 2002-2008 Oracle. 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. Redistributions in any form must be accompanied by information on how to obtain complete source code for the DB software and any accompanying software that uses the DB software. The source code must either be included in the distribution or be available for no more than the cost of distribution plus a nominal fee, and must be freely redistributable under reasonable conditions. For an executable file, complete source code means the source code for all modules it contains. It does not include source code for modules or files that typically accompany the major components of the operating system on which the executable file runs.
THIS SOFTWARE IS PROVIDED BY ORACLE ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE 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.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
ASM: a very small and fast Java bytecode manipulation framework
Copyright (c) 2000-2005 INRIA, France Telecom 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. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(12) Certain components of Terracotta's software use a collection of Concurrent and Highly Scalable Utilities, which are in the public domain, as detailed on the following web page: http://creativecommons.org/licenses/publicdomain
(13) Certain components of Terracotta's software use javabi-sizeof, the use of which is governed by the BSD license, the terms of which are available online at http://www.opensource.org/licenses/bsd-license.php
(14) Some components of Ehcache use SLF4J libraries which are licensed under the MIT License http://www.slf4j.org/license.html
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Spring Framework v3.1.1:
Spring Framework 3.1
Copyright (c) 2002-2011 SpringSource, a division of VMware, Inc.
This product is licensed to you under the Apache License, Version 2.0 (the "License"). You may not use this product except in compliance with the License.
This product may include a number of subcomponents with separate copyright notices and license terms. Your use of the source code for these subcomponents is subject to the terms and conditions of the subcomponent's license, as noted in the LICENSE file.
-------------------------------------------------------------------------
Additional Terms from end of Apache 2.0 license for Apache Spring Framework v3.1.1:
SPRING FRAMEWORK 3.1 SUBCOMPONENTS:
Spring Framework 3.1 includes a number of subcomponents with separate copyright notices and license terms. The product that includes this file does not necessarily use all the open source subcomponents referred to below. Your use of the source code for these subcomponents is subject to the terms and conditions of the following licenses.
>>> asm-2.2.3:
Copyright (c) 2000-2005 INRIA, France Telecom 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. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 1999-2009, OW2 Consortium
To the extent any open source subcomponents are licensed under the EPL and/or other similar licenses that require the source code and/or modifications to source code to be made available (as would be noted above), you may obtain a copy of the source code corresponding to the binaries for such open source components and modifications thereto, if any, (the "Source Files"), by downloading the Source Files from http://www.springsource.org/download, or by sending a request, with your name and address to: VMware, Inc., 3401 Hillview
Avenue, Palo Alto, CA 94304, United States of America or email info@vmware.com. All such requests should clearly specify: OPEN SOURCE FILES REQUEST, Attention General Counsel. VMware shall mail a copy of the Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the Source Files is valid for three years from the date you acquired this Software product.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Spring Framework v3.2.0:
Spring Framework 3.2.0.RELEASE
Copyright (c) 2002-2012 SpringSource, a division of VMware, Inc.
This product is licensed to you under the Apache License, Version 2.0 (the "License"). You may not use this product except in compliance with the License.
This product may include a number of subcomponents with separate copyright notices and license terms. Your use of the source code for these subcomponents is subject to the terms and conditions of the subcomponent's license, as noted in the license.txt file.
Additional Third Party Information from LICENSE.txt file for Apache Spring Framework v3.2.0:
SPRING FRAMEWORK 3.2.0.RELEASE SUBCOMPONENTS:
Spring Framework 3.2.0.RELEASE includes a number of subcomponents with separate copyright notices and license terms. The product that includes this file does not necessarily use all the open source subcomponents referred to below. Your use of the source code for these subcomponents is subject to the terms and conditions of the following licenses.
>>> ASM 4.0 (org.ow2.asm:asm:4.0, org.ow2.asm:asm-commons:4.0):
Copyright (c) 2000-2011 INRIA, France Telecom 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. Neither the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 1999-2009, OW2 Consortium
>>> CGLIB 3.0 (cglib:cglib:3.0):
Per the LICENSE file in the CGLIB JAR distribution downloaded from
http://sourceforge.net/projects/cglib/files/cglib3/3.0/cglib-3.0.jar/download,
CGLIB 3.0 is licensed under the Apache License, version 2.0, the text of which is included above.
=======================================================================
To the extent any open source subcomponents are licensed under the EPL and/or other similar licenses that require the source code and/or modifications to source code to be made available (as would be noted above), you may obtain a copy of the source code corresponding to the binaries for such open source components and modifications thereto, if any, (the "Source Files"), by downloading the Source Files from http://www.springsource.org/download, or by sending a request, with your name and address to:
VMware, Inc., 3401 Hillview Avenue
Palo Alto, CA 94304
United States of America
or email info@vmware.com. All such requests should clearly specify:
OPEN SOURCE FILES REQUEST
Attention General Counsel
VMware shall mail a copy of the Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the Source Files is valid for three years from the date you acquired this Software product.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Math v2.1:
Apache Commons Math Copyright 2001-2010 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
=========================================================================
The LinearConstraint, LinearObjectiveFunction, LinearOptimizer, RelationShip, SimplexSolver and SimplexTableau classes in package org.apache.commons.math.optimization.linear include software developed by
Benjamin McCann (http://www.benmccann.com) and distributed with the following copyright: Copyright 2009 Google Inc.
=========================================================================
This product includes software developed by the University of Chicago, as Operator of Argonne National Laboratory. The LevenbergMarquardtOptimizer class in package org.apache.commons.math.optimization.general includes software translated from the lmder, lmpar and qrsolv Fortran routines from the Minpack package Minpack Copyright Notice (1999) University of Chicago. All rights reserved
=========================================================================
The GraggBulirschStoerIntegrator class in package org.apache.commons.math.ode.nonstiff includes software translated from the odex Fortran routine developed by E. Hairer and G. Wanner. Original source copyright:
Copyright (c) 2004, Ernst Hairer
=========================================================================
The EigenDecompositionImpl class in package org.apache.commons.math.linear includes software translated from some LAPACK Fortran routines. Original source copyright: Copyright (c) 1992-2008 The University of Tennessee. All rights reserved.
=========================================================================
The MersenneTwister class in package org.apache.commons.math.random includes software translated from the 2002-01-26 version of the Mersenne-Twister generator written in C by Makoto Matsumoto and Takuji Nishimura. Original source copyright: Copyright (C) 1997 - 2002, Makoto Matsumoto and Takuji Nishimura, All rights reserved
=========================================================================
The complete text of licenses and disclaimers associated with the the original sources enumerated above at the time of code translation are in the LICENSE.txt file.
-------------------------------------------------------------------------
Contents of NOTICE text file for Commons Object Pooling Library v1.5.4:
Apache Commons Pool Copyright 1999-2009 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache CXF v2.3.3:
NOTICE file corresponding to the section 4d of The Apache License,
Version 2.0, in this case for Apache CXF
Apache CXF
Copyright 2006-2011 The Apache Software Foundation
This product includes software developed at
The Apache Software Foundation (http://www.apache.org/).
This product also includes schemas and specification developed by:
- the W3C consortium (http://www.w3c.org)
(http://www.w3.org/XML/1998/namespace)
This product also includes WS-* schemas developed by International
Business Machines Corporation, Microsoft Corporation, BEA Systems,
TIBCO Software, SAP AG, Sonic Software, and VeriSign
(http://schemas.xmlsoap.org/wsdl/2003-02-11.xsd)
(http://schemas.xmlsoap.org/ws/2004/08/addressing/)
(http://schemas.xmlsoap.org/wsdl/http)
(http://schemas.xmlsoap.org/ws/2005/02/rm/wsrm.xsd)
(http://www.w3.org/2005/08/addressing/ws-addr.xsd)
Java classes (source and binary) under org.apache.cxf.jaxws.javaee
are generated from schema available here:
(http://java.sun.com/xml/ns/javaee/javaee_5.xsd)
Portions of the file cxf-utils.js derives from code marked:
This code was written by Tyler Akins and has been placed in the
public domain. It would be nice if you left this header intact.
Base64 code from Tyler Akins -- http://rumkin.com
The product contains code (StaxBuilder.java) that is
Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.
All rights reserved.
See the NOTICE.jdom file for additional information
This Product also includes software developed by David Heinemeier Hansson.
(http://dev.rubyonrails.org/browser/trunk/activesupport/lib/active_support/inflections.rb)
This product includes software Copyright University of Southampton IT Innovation Centre, 2009
(http://www.it-innovation.soton.ac.uk).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Mime4j v0.6:
Apache JAMES Mime4j Copyright 2004-2009 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE.txt file for Fuse Mediation Router (based on Apache Camel) v2.8.0:
NOTICE file corresponding to the section 4 d of the Apache License, Version 2.0, in this case for the Apache Camel distribution.
Apache Camel
Copyright 2007-2011 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
Spring Notice
This product includes software developed by the Apache Software Foundation (http://www.apache.org).
This product also includes software developed by Clinton Begin (http://www.ibatis.com).
The end-user documentation included with a redistribution, if any, must include the following acknowledgement: "This product includes software developed by the Spring Framework Project (http://www.springframework.org)."
Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
The names "Spring" and "Spring Framework" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rod.johnson@interface21.com or juergen.hoeller@interface21.com.
-------------------------------------------------------------------------
Contents of NOTICE text file for Camel for Jboss v2.6.0:
NOTICE file corresponding to the section 4 d of the Apache License, Version 2.0, in this case for the Apache Camel distribution.
This product includes software developed by The Apache Software Foundation (http://www.apache.org/). Please read the different LICENSE files present in the licenses directory of this distribution.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Neethi v3.0.1:
Apache Neethi
Copyright 2004-2011 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product is tested with testcases developed at W3C under the license:
http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231
The source distribution of this product includes those testcases.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Daemon Procrun v1.0.5:
Apache Commons Daemon Copyright 1999-2011 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTP Components - HTTP Core v4.0:
HttpCore Copyright 2005-2009 Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache HTTP Components - HTTP MIME v4.1:
Apache HttpComponents HttpMime
Copyright 1999-2011 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XMLSchema v1.4.7:
Apache WebServices – XmlSchema Copyright 2004-2010 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/). Portions Copyright 2006 International Business Machines Corp.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XMLSchema v2.0.1:
Apache WebServices - XmlSchema
Copyright 2004-2011 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions Copyright 2006 International Business Machines Corp.
Portions Copyright (C) World Wide Web Consortium 2006, 2007 and licensed under the three-part BSD license.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Axis v1.4:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache Axis distribution. This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for File upload component for Java servlets v1.2.1: Apache Commons FileUpload Copyright 2002-2008 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Jakarta Commons Validator (commons-validator.jar) v1.3.1: Apache Jakarta Commons Validator Copyright 2001-2006 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Net (commons-net.jar) v2.0: Apache Commons Net Copyright 2001-2008 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Jakarta Commons Discovery (commons-discovery.jar) v0.4: Apache Jakarta Commons Discovery Copyright 2002-2006 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons BeanUtils (commons-beanutils.jar) v1.8.3: Apache Commons BeanUtils Copyright 2000-2010 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Collections (commons-collections.jar) v3.2.1: Apache Commons Collections Copyright 2001-2008 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Digester (commons-digester.jar) v2.0: Apache Commons Digester Copyright 2001-2008 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Lang (commons-lang.jar) v2.5: Apache Commons Lang Copyright 2001-2010 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Codec (commons-codec.jar) v1.4: Apache Commons Codec Copyright 2002-2009 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java contains test data from http://aspell.sourceforge.net/test/batch0.tab. Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org). Verbatim copying and distribution of this entire article is permitted in any medium, provided this notice is preserved.
-------------------------------------------------------------------------
Contents of NOTICE text file for Ibatis v2.3.4.726:
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
Copyright (c) 1995-2000, The Hypersonic SQL Group. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the Hypersonic SQL Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE HYPERSONIC SQL GROUP, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Hypersonic SQL Group.
For work added by the HSQL Development Group:
Copyright (c) 2001-2004, The HSQL Development Group All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the HSQL Development Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL HSQL DEVELOPMENT GROUP, HSQLDB.ORG, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 2001-2004, The HSQL Development Group All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of the HSQL Development Group nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL HSQL DEVELOPMENT GROUP, HSQLDB.ORG, OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Tomcat v3.2.2: This product includes software developed by The Apache Software Foundation (http://www.apache.org/). The Windows Installer is built with the Nullsoft Scriptable Install Sysem (NSIS), which is open source software. The original software and related information is available at http://nsis.sourceforge.net. Java compilation software for JSP pages is provided by Eclipse, which is open source software. The original software and related information is available at http://www.eclipse.org.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Log4j v1.2.16: Apache log4j
Copyright 2007 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Commons Database Connection Pooling v1.3: Apache Commons DBCP Copyright 2001-2010 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Additional text from the bottom of Apache 2.0 license for Apache Xalan Java XSLT Parser v2.7.1:
The license above applies to this Apache Xalan release of:
Xalan-Java 2 - XSLT Processor
Xalan-Java 2 - Serializer
The license above also applies to the jar files xalan.jar and xsltc.jar - Xalan-Java 2 - XSLT Processor from Source: http://xalan.apache.org/
The license above also applies to the jar file serializer.jar - Xalan-Java 2 – Serializer Source: http://xalan.apache.org/ Used by: Xalan-Java 2 and Xerces-Java 2
The license above also applies to the jar file xercesImpl.jar - Xerces-Java 2 XML Parser. Source: http://xerces.apache.org/ Used by: Xalan-Java 2
The license above also applies to the jar file xml-apis.jar - Xerces-Java 2 XML Parser. Source: http://xerces.apache.org/ Used by: Xalan-Java 2 and release copy of Xerces-Java 2
The following license applies to the included files:
tools/ant.jar
tools/antRun
tools/antRun.bat
Source: http://ant.apache.org/
Used By: Xalan's build process: java/build.xml and test/build.xml
The Apache Software License, Version 1.1
Copyright (C) 1999 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Ant" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see .
The following license, Apache Software License, Version 1.1, applies to the included BCEL.jar from Apache Jakarta (Byte Code Engineering Library).
Source: http://jakarta.apache.org/bcel Used By: XSLTC component of xml-xalan/java
The following license, Apache Software License, Version 1.1, also applies to the included regexp.jar, jakarta-regexp-1.2.jar from Apache Jakarta.
Source: http://jakarta.apache.org/regexp Used By: BCEL.jar which is used by XSLTC component of xml-xalan/java
Copyright (c) 2001 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.
4. The names "Apache" and "Apache Software Foundation" and "Apache BCEL" 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", "Apache BCEL", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see .
The following license applies to the DOM documentation for the org.w3c.dom.* packages:
W3C® DOCUMENT LICENSE
http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231
Public documents on the W3C site are provided by the copyright holders under the following license. By using and/or copying this document, or the W3C document from which this statement is linked, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions:
Permission to copy, and distribute the contents of this document, or the W3C document from which this statement is linked, in any medium for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the document, or portions thereof, that you use:
1. A link or URL to the original W3C document.
2. The pre-existing copyright notice of the original author, or if it doesn't exist, a notice (hypertext is preferred, but a textual representation is permitted) of the form: "Copyright © [$date-of-document] World Wide Web Consortium, (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231"
3. If it exists, the STATUS of the W3C document.
When space permits, inclusion of the full text of this NOTICE should be provided. We request that authorship attribution be provided in any software, documents, or other items or products that you create pursuant to the implementation of the contents of this document, or any portion thereof.
No right to create modifications or derivatives of W3C documents is granted pursuant to this license. However, if additional requirements (documented in the Copyright FAQ) are satisfied, the right to create modifications or derivatives is sometimes granted by the W3C to individuals complying with those requirements.
THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;
THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE
IMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to this document or its contents without specific, written prior permission. Title to copyright in this document will at all times remain with copyright holders.
----------------------------------------------------------------------------
This formulation of W3C's notice and license became active on December 31 2002. This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, moves information on style sheets, DTDs, and schemas to the Copyright FAQ, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use". See the older formulation for the policy prior to this date. Please see our Copyright FAQ for common questions about using materials from our site, such as the translating or annotating specifications. Other questions about this notice can be directed to site-policy@w3.org.
Joseph Reagle .
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Xalan Java XSLT Parser v2.7.1:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache Xalan Java distribution.
Apache Xalan (Xalan XSLT processor) Copyright 1999-2006 The Apache Software Foundation Apache Xalan (Xalan serializer) Copyright 1999-2006 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software was originally based on the following:
- software copyright (c) 1999-2002, Lotus Development Corporation., http://www.lotus.com.
- software copyright (c) 2001-2002, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2003, IBM Corporation., http://www.ibm.com.
The binary distribution package (ie. jars, samples and documentation) of this product includes software developed by the following:
- The Apache Software Foundation
- Xerces Java - see LICENSE.txt
- JAXP 1.3 APIs - see LICENSE.txt
- Bytecode Engineering Library - see LICENSE.txt
- Regular Expression - see LICENSE.txt
- Scott Hudson, Frank Flannery, C. Scott Ananian
- CUP Parser Generator runtime (javacup\runtime) - see LICENSE.txt
The source distribution package (ie. all source and tools required to build Xalan Java) of this product includes software developed by the following:
- The Apache Software Foundation
- Xerces Java - see LICENSE.txt
- JAXP 1.3 APIs - see LICENSE.txt
- Bytecode Engineering Library - see LICENSE.txt
- Regular Expression - see LICENSE.txt
- Ant - see LICENSE.txt
- Stylebook doc tool - see LICENSE.txt
- Elliot Joel Berk and C. Scott Ananian
- Lexical Analyzer Generator (JLex) - see LICENSE.txt
Apache Xerces Java Copyright 1999-2006 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/). Portions of Apache Xerces Java in xercesImpl.jar and xml-apis.jar were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- voluntary contributions made by Paul Eng on behalf of the
Apache Software Foundation that were originally developed at iClick, Inc., software copyright (c) 1999.
Apache xml-commons xml-apis (redistribution of xml-apis.jar) Apache XML Commons Copyright 2001-2003, 2006 The Apache Software Foundation. This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2000 World Wide Web Consortium, http://www.w3.org
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Xerces v2.9.1:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache Xerces Java distribution.
Apache Xerces Java Copyright 1999-2007 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- voluntary contributions made by Paul Eng on behalf of the Apache Software Foundation that were originally developed at iClick, Inc., software copyright (c) 1999.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache WSS4J v1.5.11: Apache WebServices - WSS4J Copyright 2004-2011 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/). This product includes software Copyright University of Southampton IT Innovation Centre, 2006 (http://www.it-innovation.soton.ac.uk).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XML Security for Java v1.3: This product contains software developed by The Apache Software Foundation (http://www.apache.org/). It was originally based on software copyright (c) 2001, Institute for Data Communications Systems, . The development of this software was partly funded by the European Commission in the project in the ISIS Programme.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache FOP v1.0:
Apache FOP Copyright 1999-2010 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/). This software consists of voluntary contributions made by many individuals on behalf of The Apache Software Foundation and was originally created by James Tauber .
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons I/O v1.4:
Apache Commons IO Copyright 2001-2008 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XML Graphics Project v1.4:
Apache XML Graphics Commons Copyright 2006-2008 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XML Beans v1.6:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache XmlBeans distribution.
This product includes software developed by The Apache Software Foundation (http://www.apache.org/). Portions of this software were originally based on the following:
- software copyright (c) 2000-2003, BEA Systems, .
Aside from contributions to the Apache XMLBeans project, this software also includes:
- one or more source files from the Apache Xerces-J and Apache Axis products, Copyright (c) 1999-2003 Apache Software Foundation
- W3C XML Schema documents Copyright 2001-2003 (c) World Wide Web Consortium (Massachusetts Institute of Technology, European Research Consortium for Informatics and Mathematics, Keio University)
- resolver.jar from Apache Xml Commons project, Copyright (c) 2001-2003 Apache Software Foundation
- Piccolo XML Parser for Java from http://piccolo.sourceforge.net/, Copyright 2002 Yuval Oren under the terms of the Apache Software License 2.0
- JSR-173 Streaming API for XML from http://sourceforge.net/projects/xmlpullparser/, Copyright 2005 BEA under the terms of the Apache Software License 2.0
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Configuration (commons-configuration.jar) v1.6: Apache Commons Configuration Copyright 2001-2008 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache XML Beans v2.5:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache XmlBeans distribution.
This product includes software developed by The Apache Software Foundation (http://www.apache.org/). Portions of this software were originally based on the following:
- software copyright (c) 2000-2003, BEA Systems, .
Aside from contributions to the Apache XMLBeans project, this software also includes:
- one or more source files from the Apache Xerces-J and Apache Axis products, Copyright (c) 1999-2003 Apache Software Foundation
- W3C XML Schema documents Copyright 2001-2003 (c) World Wide Web
Consortium (Massachusetts Institute of Technology, European Research
Consortium for Informatics and Mathematics, Keio University)
- resolver.jar from Apache Xml Commons project, Copyright (c) 2001-2003 Apache Software Foundation
- Piccolo XML Parser for Java from http://piccolo.sourceforge.net/,
Copyright 2002 Yuval Oren under the terms of the Apache Software License 2.0
- JSR-173 Streaming API for XML from http://sourceforge.net/projects/xmlpullparser/, Copyright 2005 BEA under the terms of the Apache Software License 2.0
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Velocity 1.7 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache Velocity Copyright (C) 2000-2007 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICES text file for Apache Tomcat v7.0.30:
Apache Tomcat
Copyright 1999-2012 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
The Windows Installer is built with the Nullsoft Scriptable Install System (NSIS), which is open source software. The original software and related information is available at http://nsis.sourceforge.net.
Java compilation software for JSP pages is provided by Eclipse, which is open source software. The original software and related information is available at http://www.eclipse.org.
For the bayeux implementation
The org.apache.cometd.bayeux API is derivative work originating at the Dojo Foundation
* Copyright 2007-2008 Guy Molinari
* Copyright 2007-2008 Filip Hanik
* Copyright 2007 Dojo Foundation
* Copyright 2007 Mort Bay Consulting Pty. Ltd.
The original XML Schemas for Java EE Deployment Descriptors:
- javaee_5.xsd
- javaee_web_services_1_2.xsd
- javaee_web_services_client_1_2.xsd
- javaee_6.xsd
- javaee_web_services_1_3.xsd
- javaee_web_services_client_1_3.xsd
- jsp_2_2.xsd
- web-app_3_0.xsd
- web-common_3_0.xsd
- web-fragment_3_0.xsd
may be obtained from http://java.sun.com/xml/ns/javaee/
-------------------------------------------------------------------------
Contents of Additional Notices at end of license for Apache Tomcat v7.0.30:
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 ecj-x.x.x.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
- javaee_6.xsd
- javaee_web_services_1_3.xsd
- javaee_web_services_client_1_3.xsd
- jsp_2_2.xsd
- web-app_3_0.xsd
- web-common_3_0.xsd
- web-fragment_3_0.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.
-------------------------------------------------------------------------
Contents of NOTICE text file for ANT v1.8.2:
Apache Ant
Copyright 1999-2012 The Apache Software Foundation
The task is based on code Copyright (c) 2002, Landmark Graphics Corp that has been kindly donated to the Apache Software Foundation.
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Tuscany SDO Java v2.1.1:
Apache Tuscany
Copyright (c) 2005 - 2008 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product also includes software developed by the Open Service Oriented Architecture organization (http://osoa.org).
Please see the LICENSE file present in the root directory of this distribution.
------------------------------------------------------------------------
Contents of NOTICE text file for Apache Xalan Java v2.7.1:
NOTICE file corresponding to section 4(d) of the Apache License, Version 2.0, in this case for the Apache Xalan Java distribution.
Apache Xalan (Xalan XSLT processor)
Copyright 1999-2006 The Apache Software Foundation
Apache Xalan (Xalan serializer)
Copyright 1999-2006 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software was originally based on the following:
- software copyright (c) 1999-2002, Lotus Development Corporation., http://www.lotus.com.
- software copyright (c) 2001-2002, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2003, IBM Corporation., http://www.ibm.com.
The binary distribution package (ie. jars, samples and documentation) of this product includes software developed by the following:
- The Apache Software Foundation
- Xerces Java - see LICENSE.txt
- JAXP 1.3 APIs - see LICENSE.txt
- Bytecode Engineering Library - see LICENSE.txt
- Regular Expression - see LICENSE.txt
- Scott Hudson, Frank Flannery, C. Scott Ananian
- CUP Parser Generator runtime (javacup\runtime) - see LICENSE.txt
The source distribution package (ie. all source and tools required to build Xalan Java) of this product includes software developed by the following:
- The Apache Software Foundation
- Xerces Java - see LICENSE.txt
- JAXP 1.3 APIs - see LICENSE.txt
- Bytecode Engineering Library - see LICENSE.txt
- Regular Expression - see LICENSE.txt
- Ant - see LICENSE.txt
- Stylebook doc tool - see LICENSE.txt
- Elliot Joel Berk and C. Scott Ananian
- Lexical Analyzer Generator (JLex) - see LICENSE.txt
Apache Xerces Java
Copyright 1999-2006 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of Apache Xerces Java in xercesImpl.jar and xml-apis.jar were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- voluntary contributions made by Paul Eng on behalf of the Apache Software Foundation that were originally developed at iClick, Inc., software copyright (c) 1999.
Apache xml-commons xml-apis (redistribution of xml-apis.jar)
Apache XML Commons
Copyright 2001-2003, 2006 The Apache Software Foundation.
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions of this software were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2000 World Wide Web Consortium, http://www.w3.org
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Velocity 1.7:
Apache Velocity Copyright (C) 2000-2007 The Apache Software Foundation This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Httpclient v3.1:
Apache Jakarta HttpClient Copyright 1999-2007 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
------------------------------------------------------------------
Contents of NOTICE text file for Geronimo-jms v1.1 spec v1.1.1 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache Geronimo Copyright 2003-2008 The Apache Software Foundation
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
------------------------------------------------------------------
Contents of NOTICE text file for Apache Commons Logging (commons-logging.jar) v1.1.1 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3): Apache Commons Logging Copyright 2003-2007 The Apache Software Foundation This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
-------------------------------------------------------------------------
Contents of NOTICE file for Apache XmlSchema Core v2.0.1:
Apache WebServices - XmlSchema
Copyright 2004-2011 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
Portions Copyright 2006 International Business Machines Corp.
Portions Copyright (C) World Wide Web Consortium 2006, 2007 and licensed under the three-part BSD license.
-------------------------------------------------------------------------
(3) The Apache Software License, Version 2.0 (with Additional Terms):
Progress OpenEdge v11.6 may incorporate Apache CXF v2.4.3 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3). Such above-listed technology is subject to the following terms and conditions: 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 submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise 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, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
3. Grant of Patent 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 (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work 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.
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:
(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and
(b) You must cause any modified files to carry prominent notices 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 attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and
(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions 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" BASIC, 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 CXF includes a number of components and libraries with separate
copyright notices and license terms. Your use of those components are
subject to the terms and conditions of the following licenses.
AntLR Parser Generator (http://www.antlr.org/) antlr:antlr:jar:2.7.7
License: BSD License (http://www.antlr.org/license.html)
AOP alliance (http://aopalliance.sourceforge.net) aopalliance:aopalliance:jar:1.0
License: Public Domain
ASM (http://asm.objectweb.org/asm/asm) asm:asm:jar:3.3:compile
License: BSD (http://asm.ow2.org/license.html)
MSV XML Schema Datatype Library (http://nexus.sonatype.org/oss-repository-hosting.html/xsdlib) com.sun.msv.datatype.xsd:xsdlib:bundle:2010.1
License: BSD (http://www.opensource.org/licenses/bsd-license.php)
Sun JAXB Reference Implementation Runtime (http://jaxb.java.net/jaxb-impl) com.sun.xml.bind:jaxb-impl:jar:2.2.4-1:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun JAXB Reference Implementation Tools (http://jaxb.java.net/jaxb-xjc) com.sun.xml.bind:jaxb-xjc:jar:2.2.4-1:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
ISO Relax (http://iso-relax.sourceforge.net/) isorelax:isorelax:jar:20030108:compile
License: MIT (http://www.opensource.org/licenses/mit-license.html)
JSR 311 API (https://jsr311.dev.java.net/) javax.ws.rs:jsr311-api:jar:1.1.1:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Joda time (http://joda-time.sourceforge.net) joda-time:joda-time:jar:1.6.2
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
MSV Core (http://msv.java.net/msv-core) net.java.dev.msv:msv-core:bundle:2011.1
License: BSD ()
Stax2 API (http://woodstox.codehaus.org/StAX2) org.codehaus.woodstox:stax2-api:jar:3.1.1
License: The BSD License (http://www.opensource.org/licenses/bsd-license.php)
OpenSAML-J (http://opensaml.org/) org.opensaml:opensaml:jar:2.5.1-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
OpenWS (http://opensaml.org/) org.opensaml:openws:jar:1.4.2-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
XMLTooling-J (http://opensaml.org/) org.opensaml:xmltooling:jar:1.3.2-1
License: Apache 2 (http://www.apache.org/licenses/LICENSE-2.0.txt)
Simple Logging Facade for Java - API (http://www.slf4j.org/slf4j-api) org.slf4j:slf4j-api:jar:1.6.2:compile
License: MIT License (http://www.slf4j.org/license.html)
Simple Logging Facade for Java - JDK Logging (http://www.slf4j.org/slf4j-jdk14) org.slf4j:slf4j-jdk14:jar:1.6.2:compile
License: MIT License (http://www.slf4j.org/license.html)
RELAX NG Datatype (http://sourceforge.net/projects/relaxng/) relaxngDatatype:relaxngDatatype:jar:20020414:compile
License: BSD (http://www.opensource.org/licenses/bsd-license.php)
Rhino (http://www.mozilla.org/rhino/) rhino:js:jar:1.7R2
License: Mozilla Public License (http://www.mozilla.org/MPL/MPL-1.1.html)
WSDL4J (http://sf.net/projects/wsdl4j) wsdl4j:wsdl4j:jar:1.6.2
License: CPL (http://www.opensource.org/licenses/cpl1.0.txt)
------------------------------------------------------------------
Contents of NOTICE text file for Apache CXF v2.4.3 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3):
Apache CXF
Copyright 2006-2011 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation (http://www.apache.org/).
This product also includes schemas and specification developed by:
- the W3C consortium (http://www.w3c.org)
(http://www.w3.org/XML/1998/namespace)
This product also includes WS-* schemas developed by International
Business Machines Corporation, Microsoft Corporation, BEA Systems,
TIBCO Software, SAP AG, Sonic Software, and VeriSign
(http://schemas.xmlsoap.org/wsdl/2003-02-11.xsd)
(http://schemas.xmlsoap.org/ws/2004/08/addressing/)
(http://schemas.xmlsoap.org/wsdl/http)
(http://schemas.xmlsoap.org/ws/2005/02/rm/wsrm.xsd)
(http://www.w3.org/2005/08/addressing/ws-addr.xsd)
The product contains code (StaxBuilder.java) that is
Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.
All rights reserved.
See the NOTICE.jdom file for additional information
Java classes (source and binary) under org.apache.cxf.jaxws.javaee
are generated from schema available here:
(http://java.sun.com/xml/ns/javaee/javaee_5.xsd)
This Product also includes software developed by David Heinemeier Hansson. (http://dev.rubyonrails.org/browser/trunk/activesupport/lib/active_support/inflections.rb)
This product includes software Copyright University of Southampton IT Innovation Centre, 2009 (http://www.it-innovation.soton.ac.uk).
This product also includes MTOSI wsdl and schemas developed by the
TeleManagement Forum (http://www.tmforum.org/browse.aspx). The original
MTOSI wsdl and schemas can be download from
(http://sourceforge.net/projects/mtosi-ri)
Portions of the included XmlSchema library are Copyright 2006 International Business Machines Corp.
Portions of the included xml-apis library were originally based on the following:
- software copyright (c) 1999, IBM Corporation., http://www.ibm.com.
- software copyright (c) 1999, Sun Microsystems., http://www.sun.com.
- software copyright (c) 2000 World Wide Web Consortium, http://www.w3.org
Portions of the included xmlbeans library were originally based on the following:
- software copyright (c) 2000-2003, BEA Systems, .
Portions of the file cxf-utils.js derives from code marked: This code was written by Tyler Akins and has been placed in the public domain. It would be nice if you left this header intact. Base64 code from Tyler Akins -- http://rumkin.com
Additional copyright notices and license terms applicable are present in the licenses directory of this distribution.
------------------------------------------------------------------
(4) Artistic Licenses:
Progress OpenEdge v11.6 may incorporate Perl 5 Runtime v5.6.1. Such technologies are subject to the following terms and conditions: Preamble The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications. Definitions "Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification. "Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder as specified below. "Copyright Holder" is whoever is named in the copyright or copyrights for the package. "You" is you, if you're thinking about copying or distributing this Package. "Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.) "Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it. You may make and give away verbatim copies of the source form of the Standard Version of this Package without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers. You may apply bug fixes, portability fixes and other modifications derived from the Public Domain or from the Copyright Holder. A Package modified in such a way shall still be considered the Standard Version. You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following: place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or placing the modifications on a major archive site such as uunet.uu.net, or by allowing the Copyright Holder to include your modifications in the Standard Version of the Package.
use the modified Package only within your corporation or organization.
rename any non-standard executables so the names do not conflict with standard executables, which must also be provided, and provide a separate manual page for each non-standard executable that clearly documents how it differs from the Standard Version.
make other distribution arrangements with the Copyright Holder.
You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
distribute a Standard Version of the executables and library files, together with instructions (in the manual page or equivalent) on where to get the Standard Version.
accompany the distribution with the machine-readable source of the Package with your modifications.
give non-standard executables non-standard names, and clearly document the differences in manual pages (or equivalent), together with instructions on where to get the Standard Version.
make other distribution arrangements with the Copyright Holder.
You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own. You may embed this Package's interpreter within an executable of yours (by linking); this shall be construed as a mere form of aggregation, provided that the complete Standard Version of the interpreter is so embedded. The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package. If such scripts or library files are aggregated with this Package via the so-called "undump" or "unexec" methods of producing a binary executable image, then distribution of such an image shall neither be construed as a distribution of this Package nor shall it fall under the restrictions of Paragraphs 3 and 4, provided that you do not represent such an executable image as a Standard Version of this Package. C subroutines (or comparably compiled subroutines in other languages) supplied by you and linked into this Package in order to emulate subroutines and variables of the language defined by this Package shall not be considered part of this Package, but are the equivalent of input as in Paragraph 6, provided these subroutines do not change the language in any way that would cause it to fail the regression tests for the language. Aggregation of this Package with a commercial distribution is always permitted provided that the use of this Package is embedded; that is, when no overt attempt is made to make this Package's interfaces visible to the end user of the commercial distribution. Such use shall not be construed as a distribution of this Package. The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. The End
(5) BSD-style Licenses:
(a) Progress OpenEdge v11.6 may incorporate ANTLR (Another Tool for Language Recognition) v2.7.6. Such technology is subject to the following terms and conditions: ANTLR 3 License [The BSD License] Copyright (c) 2003-2006, Terence Parr All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(b) Progress OpenEdge v11.6 may incorporate Castor v0.9.3 from castor.org. Such technology is subject to the following terms and conditions: Original Intalio license - Copyright 1999-2004 (C) Intalio Inc., and others. All Rights Reserved. Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document. 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 name "ExoLab" must not be used to endorse or promote products derived from this Software without prior written permission of Intalio Inc. For written permission, please contact info@exolab.org. 4. Products derived from this Software may not be called "Castor" nor may "Castor" appear in their names without prior written permission of Intalio Inc. Exolab, Castor and Intalio are trademarks of Intalio Inc. 5. Due credit should be given to the ExoLab Project (http://www.exolab.org/). THIS SOFTWARE IS PROVIDED BY INTALIO AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTALIO OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(c) Progress OpenEdge v11.6 may incorporate Decimal Conversion Code (dtoa.c; g_fmt.c; rnd_prod.s; decstrod.c; decstrtof.c; dmisc.c; gdtoa.c; gdtoa.h; gdtoaimp.h; gethex.c; gmisc.c; hd_init.c; misc.c; smisc.c; strtodg.c; strtord.c; sum.c; ulp.c). Such technologies are subject to the following terms and conditions: dtoa.c License: The author of this software is David M. Gay. Copyright (c) 1991, 2000, 2001 by Lucent Technologies. Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR LUCENT MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. g_fmt.c License: The author of this software is David M. Gay. Copyright (c) 1991, 1996 by Lucent Technologies. Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR LUCENT MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.
rnd_prod.s License: The author of this software is David M. Gay. Copyright (c) 1991 by Lucent Technologies. Permission to use, copy, modify, and distribute this software for any purpose without fee is hereby granted, provided that this entire notice is included in all copies of any software which is or includes a copy or modification of this software and in all copies of the supporting documentation for such software. THIS SOFTWARE IS BEING PROVIDED "AS IS", WITHOUT ANY EXPRESS OR IMPLIED WARRANTY. IN PARTICULAR, NEITHER THE AUTHOR NOR LUCENT MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND CONCERNING THE MERCHANTABILITY OF THIS SOFTWARE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. decstrtod.c License: The author of this software is David M. Gay. Copyright (C) 1998-2001 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. decstrtof.c License: The author of this software is David M. Gay. Copyright (C) 1998, 2000 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. dmisc.c License: The author of this software is David M. Gay. Copyright (C) 1998 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. gdtoa.c License: The author of this software is David M. Gay. Copyright (C) 1998, 1999 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. gdtoa.h License: The author of this software is David M. Gay. Copyright (C) 1998 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. gdtoaimp.h License: The author of this software is David M. Gay. Copyright (C) 1998-2000 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. gethex.c License: The author of this software is David M. Gay. Copyright (C) 1998 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. gmisc.c License: The author of this software is David M. Gay. Copyright (C) 1998 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. hd_init.c License: The author of this software is David M. Gay. Copyright (C) 2000 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. misc.c License: The author of this software is David M. Gay. Copyright (C) 1998, 1999 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. smisc.c License: The author of this software is David M. Gay. Copyright (C) 1998, 1999 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. strtodg.c License: The author of this software is David M. Gay. Copyright (C) 1998-2001 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.
LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. strtord.c License: The author of this software is David M. Gay. Copyright (C) 1998, 2000 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. sum.c License: The author of this software is David M. Gay. Copyright (C) 1998 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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. ulp.c License: The author of this software is David M. Gay. Copyright (C) 1998, 1999 by Lucent Technologies All Rights Reserved 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 that the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the name of Lucent or any of its entities not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. LUCENT DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL LUCENT OR ANY OF ITS ENTITIES 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.
(d) Progress OpenEdge v11.6 may incorporate DOM4J v1.6.1 from MetaStuff, Ltd. Such technology is subject to the following terms and conditions: Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved. Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document. 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 name "DOM4J" must not be used to endorse or promote products derived from this Software without prior written permission of MetaStuff, Ltd. For written permission, please contact dom4j-info@metastuff.com. 4. Products derived from this Software may not be called "DOM4J" nor may "DOM4J" appear in their names without prior written permission of MetaStuff, Ltd. DOM4J is a registered trademark of MetaStuff, Ltd. 5. Due credit should be given to the DOM4J Project - http://www.dom4j.org THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(e) Progress OpenEdge v11.6 may incorporate GraphicsMagick v1.3.14 from GraphicsMagick Group. Such technology is subject to the following terms and conditions: .. This text is in reStucturedText format, so it may look a bit odd. .. See http://docutils.sourceforge.net/rst.html for details.
======================================
GraphicsMagick Copyrights and Licenses
======================================
This file is part of the GraphicsMagick software distributed by the GraphicsMagick Group.
[*Please note that the legal community considers 15 or more total lines of code or text (not necessarily contiguous) to
be significant for the purposes of copyright. Repeated changes such as renaming a symbol has similar significance
to changing one line of code.*]
The licenses which components of this software fall under are as follows.
1) In November 2002, the GraphicsMagick Group created GraphicsMagick from ImageMagick Studio's ImageMagick and applied the "MIT" style license: Copyright (C) 2002 - 2012 GraphicsMagick Group
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
2) In October 1999, ImageMagick Studio assumed the responsibility for the development of ImageMagick (forking from the distribution by E. I. du Pont de Nemours and Company) and applied a new license:
Copyright (C) 2002 ImageMagick Studio, a non-profit organization dedicated to making software imaging solutions freely available.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files ("ImageMagick"), to deal in ImageMagick without restriction, including without limitation
the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of ImageMagick, and to permit persons to whom the ImageMagick is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of ImageMagick.
The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall ImageMagick Studio be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with ImageMagick or the use or other dealings in ImageMagick.
Except as contained in this notice, the name of the ImageMagick Studio shall not be used in advertising or otherwise to promote the sale, use or other dealings in ImageMagick without prior written authorization from the ImageMagick Studio.
3) From 1991 to October 1999 (through ImageMagick 4.2.9), ImageMagick was developed and distributed by E. I. du Pont de Nemours and Company: Copyright 1999 E. I. du Pont de Nemours and Company
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files ("ImageMagick"), to deal in ImageMagick without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of ImageMagick, and to permit persons to whom the ImageMagick is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of ImageMagick.
The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement.
In no event shall E. I. du Pont de Nemours and Company be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with ImageMagick or the use or other dealings in ImageMagick.
Except as contained in this notice, the name of the E. I. du Pont de Nemours and Company shall not be used in advertising or otherwise to promote the sale, use or other dealings in ImageMagick without prior written authorization from the E. I. du Pont de Nemours and Company.
4) The GraphicsMagick Base64Decode() and Base64Encode() functions are based on source code obtained from OpenSSH. This source code is distributed under the following license: Copyright (c) 2000 Markus Friedl. 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.
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.
5) Many of the pattern images in coders/logo.c are derived from XFig, which is distributed under the following license:
| FIG : Facility for Interactive Generation of figures
| Copyright (c) 1985-1988 by Supoj Sutanthavibul
| Parts Copyright (c) 1989-2000 by Brian V. Smith
| Parts Copyright (c) 1991 by Paul King
Any party obtaining a copy of these files is granted, free of charge, a full and unrestricted irrevocable, world-wide, paid up, royalty-free, nonexclusive right and license to deal in this software and documentation files (the "Software"), including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons who receive copies from any such party to do so, with the only requirement being that this copyright notice remain intact.
6) The documentation for the composition operators is copied from the rlecomp manual page, which is authored by Rod Bogart and John W. Peterson. Rlecomp is part of the Utah Raster Toolkit distributed by the University of Michigan and the University of Utah. The copyright for this manual page is as follows: Copyright (c) 1986, University of Utah
This software is copyrighted as noted below. It may be freely copied, modified, and redistributed, provided that the copyright notice is preserved on all copies.
There is no warranty or other guarantee of fitness for this software, it is provided solely "as is". Bug reports or fixes may be sent to the author, who may or may not act on them as he desires.
You may not include this software in a program or other software product without supplying the source, or without informing the end-user that the source is available for no extra charge.
If you modify this software, you should include a notice giving the name of the person performing the modification, the date of modification, and the reason for such modification.
7) The source code comprising swab.c is originally derived from libtiff which has the following license:
| Copyright (c) 1988-1997 Sam Leffler
| Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
8) The C++ API known as "Magick++", and which resides in the Magick++ directory, is distributed under the following license: Copyright 1999 - 2003 Bob Friesenhahn
Permission is hereby granted, free of charge, to any person obtaining a copy of the source files and associated documentation files ("Magick++"), to deal in Magick++ without restriction, including without limitation of the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of Magick++, and to permit persons to whom the Magick++ is furnished to do so, subject to the following conditions:
This copyright notice shall be included in all copies or substantial portions of Magick++. The copyright to Magick++ is retained by its author and shall not be subsumed or replaced by any other copyright.
The software is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and noninfringement. In no event shall Bob Friesenhahn be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with Magick++ or the use or other dealings in Magick++.
9) The GraphicsMagick HaldClutImagePixels() function in magick/hclut.c is based on source code from the HaldCLUT package by Eskil Steenberg (http://www.quelsolaar.com/technology/clut.html) which is distributed under the following license: Copyright (c) 2005 Eskil Steenberg. 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.
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.
10) GraphicsMagick makes use of third-party "delegate" libraries to support certain optional features. These libraries bear their own copyrights and licenses, which may be more or less restrictive than the GraphicsMagick license. For convenience, when GraphicsMagick is bundled with (or compiled with) "delegate" libraries, a copy of the licenses for these libraries is provided in a "licenses" directory.
-------------------------------------------------------------------------
... |copy| unicode:: U+000A9 .. COPYRIGHT SIGN
Copyright |copy| GraphicsMagick Group 2002 - 2011
OVERVIEW and LEGAL ISSUES from jpeg.txt file (from GraphicsMagick):
The Independent JPEG Group's JPEG software
==========================================
README for release 6b of 27-Mar-1998
====================================
This distribution contains the sixth public release of the Independent JPEG Group's free JPEG software. You are welcome to redistribute this software and to use it for any purpose, subject to the conditions under LEGAL ISSUES, below.
Serious users of this software (particularly those incorporating it into larger programs) should contact IJG at jpeg-info@uunet.uu.net to be added to our electronic mailing list. Mailing list members are notified of updates and have a chance to participate in technical discussions, etc.
This software is the work of Tom Lane, Philip Gladstone, Jim Boucher, Lee Crocker, Julian Minguillon, Luis Ortiz, George Phillips, Davide Rossi, Guido Vollbeding, Ge' Weijers, and other members of the Independent JPEG
Group. IJG is not affiliated with the official ISO JPEG standards committee.
OVERVIEW
========
This package contains C software to implement JPEG image compression and
decompression. JPEG (pronounced "jay-peg") is a standardized compression
method for full-color and gray-scale images. JPEG is intended for compressing "real-world" scenes; line drawings, cartoons and other non-realistic images are not its strong suit. JPEG is lossy, meaning that the output image is not exactly identical to the input image. Hence you must not use JPEG if you have to have identical output bits. However, on typical photographic images, very good compression levels can be obtained with no visible change, and remarkably high compression levels are possible if you can tolerate a low-quality image. For more details, see the references, or just experiment with various compression settings. This software implements JPEG baseline, extended-sequential, and progressive compression processes. Provision is made for supporting all variants of these processes, although some uncommon parameter settings aren't implemented yet.
For legal reasons, we are not distributing code for the arithmetic-coding variants of JPEG; see LEGAL ISSUES. We have made no provision for supporting the hierarchical or lossless processes defined in the standard.
We provide a set of library routines for reading and writing JPEG image files, plus two sample applications "cjpeg" and "djpeg", which use the library to perform conversion between JPEG and some other popular image file formats. The library is intended to be reused in other applications.
In order to support file conversion and viewing software, we have included considerable functionality beyond the bare JPEG coding/decoding capability; for example, the color quantization modules are not strictly part of JPEG decoding, but they are essential for output to colormapped file formats or colormapped displays. These extra functions can be compiled out of the library if not required for a particular application. We have also included "jpegtran", a utility for lossless transcoding between different JPEG processes, and "rdjpgcom" and "wrjpgcom", two simple applications for inserting and extracting textual comments in JFIF files.
The emphasis in designing this software has been on achieving portability and flexibility, while also making it fast enough to be useful. In particular, the software is not intended to be read as a tutorial on JPEG. (See the REFERENCES section for introductory material.) Rather, it is intended to be reliable, portable, industrial-strength code. We do not claim to have achieved that goal in every aspect of the software, but we strive for it.
We welcome the use of this software as a component of commercial products.
No royalty is required, but we do ask for an acknowledgement in product documentation, as described under LEGAL ISSUES.
LEGAL ISSUES
============
In plain English:
1. We don't promise that this software works. (But if you find any bugs, please let us know!)
2. You can use this software for whatever you want. You don't have to pay us.
3. You may not pretend that you wrote this software. If you use it in a program, you must acknowledge somewhere in your documentation that you've used the IJG code.
In legalese:
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:
(1) If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.
(2) If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group".
(3) Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.
These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA.
ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it. (See the file ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf.
It is copyright by the Free Software Foundation but is freely distributable.
The same holds for its supporting scripts (config.guess, config.sub, ltconfig, ltmain.sh). Another support script, install-sh, is copyright by M.I.T. but is also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot legally be used without obtaining one or more licenses. For this reason, support for arithmetic coding has been removed from the free JPEG software. (Since arithmetic coding provides only a marginal gain over the unpatented Huffman mode, it is unlikely that very many implementations will support it.)
So far as we are aware, there are no patent restrictions on the remaining code.
The IJG distribution formerly included code to read and write GIF files.
To avoid entanglement with the Unisys LZW patent, GIF reading support has been removed altogether, and the GIF writer has been simplified to produce "uncompressed GIFs". This technique does not use the LZW algorithm; the resulting GIF files are larger than usual, but are readable by all standard GIF decoders.
We are required to state that "The Graphics Interchange Format(c) is the Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark property of CompuServe Incorporated."
Contents of png.txt file (from GraphicsMagick):
This copy of the libpng notices is provided for your convenience. In case of any discrepancy between this copy and the notices in the file png.h that is included in the libpng distribution, the latter shall prevail.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following this sentence.
libpng versions 1.0.7, July 1, 2000, through 1.2.0, September 1, 2001, are Copyright (c) 2000 Glenn Randers-Pehrson and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage. Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
A "png_get_copyright" function is available, for convenient use in "about" boxes and the like:
printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
randeg@alum.rpi.edu
September 1, 2001
Contents of tiff.txt file (from GraphicsMagick):
Copyright (c) 1988-1997 Sam Leffler
Copyright (c) 1991-1997 Silicon Graphics, Inc.
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics. THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Contents of zlib.txt file (from GraphicsMagick):
zlib 1.1.3 is a general purpose data compression library. All the code is thread safe. The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files ftp://ds.internic.net/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format). These documents are also available in other formats from ftp://ftp.uu.net/graphics/png/documents/zlib/zdoc-index.html
All functions of the compression library are documented in the file zlib.h (volunteer to write man pages welcome, contact jloup@gzip.org). A usage example of the library is given in the file example.c which also tests that the library is working correctly. Another example is given in the file minigzip.c. The compression library itself is composed of all source files except example.c and minigzip.c.
To compile all files and run the test program, follow the instructions given at the top of Makefile. In short "make test; make install" should work for most machines. For Unix: "configure; make test; make install"
For MSDOS, use one of the special makefiles such as Makefile.msc.
For VMS, use Make_vms.com or descrip.mms.
Questions about zlib should be sent to , or to Gilles Vollant for the Windows DLL version.
The zlib home page is http://www.cdrom.com/pub/infozip/zlib/
The official zlib ftp site is ftp://ftp.cdrom.com/pub/infozip/zlib/
Before reporting a problem, please check those sites to verify that you have the latest version of zlib; otherwise get the latest version and check whether the problem still exists or not.
Mark Nelson wrote an article about zlib for the Jan. 1997 issue of Dr. Dobb's Journal; a copy of the article is available in http://web2.airmail.net/markn/articles/zlibtool/zlibtool.htm
The changes made in version 1.1.3 are documented in the file ChangeLog.
The main changes since 1.1.2 are:
- fix "an inflate input buffer bug that shows up on rare but persistent
occasions" (Mark)
- fix gzread and gztell for concatenated .gz files (Didier Le Botlan)
- fix gzseek(..., SEEK_SET) in write mode
- fix crc check after a gzeek (Frank Faubert)
- fix miniunzip when the last entry in a zip file is itself a zip file
(J Lillge)
- add contrib/asm586 and contrib/asm686 (Brian Raiter)
See http://www.muppetlabs.com/~breadbox/software/assembly.html
- add support for Delphi 3 in contrib/delphi (Bob Dellaca)
- add support for C++Builder 3 and Delphi 3 in contrib/delphi2 (Davide Moretti)
- do not exit prematurely in untgz if 0 at start of block (Magnus Holmgren)
- use macro EXTERN instead of extern to support DLL for BeOS (Sander Stoks)
- added a FAQ file
plus many changes for portability.
Unsupported third party contributions are provided in directory "contrib". A Java implementation of zlib is available in the Java Development Kit 1.1 http://www.javasoft.com/products/JDK/1.1/docs/api/Package-java.util.zip.html
See the zlib home page http://www.cdrom.com/pub/infozip/zlib/ for details.
A Perl interface to zlib written by Paul Marquess is in the CPAN (Comprehensive Perl Archive Network) sites, such as: ftp://ftp.cis.ufl.edu/pub/perl/CPAN/modules/by-module/Compress/Compress-Zlib*
A Python interface to zlib written by A.M. Kuchling is available in Python 1.5 and later versions, see http://www.python.org/doc/lib/module-zlib.html
A zlib binding for TCL written by Andreas Kupries is availlable at http://www.westend.com/~kupries/doc/trf/man/man.html
An experimental package to read and write files in .zip format, written on top of zlib by Gilles Vollant , is available at http://www.winimage.com/zLibDll/unzip.html and also in the contrib/minizip directory of zlib.
Notes for some targets:
- To build a Windows DLL version, include in a DLL project zlib.def, zlib.rc and all .c files except example.c and minigzip.c; compile with -DZLIB_DLL
The zlib DLL support was initially done by Alessandro Iacopetti and is now maintained by Gilles Vollant . Check the zlib DLL home page at http://www.winimage.com/zLibDll
From Visual Basic, you can call the DLL functions which do not take a structure as argument: compress, uncompress and all gz* functions.
See contrib/visual-basic.txt for more information, or get http://www.tcfb.com/dowseware/cmp-z-it.zip
- For 64-bit Irix, deflate.c must be compiled without any optimization. With -O, one libpng test fails. The test works in 32 bit mode (with the -n32 compiler flag). The compiler bug has been reported to SGI.
- zlib doesn't work with gcc 2.6.3 on a DEC 3000/300LX under OSF/1 2.1 it works when compiled with cc.
- on Digital Unix 4.0D (formely OSF/1) on AlphaServer, the cc option -std1 is necessary to get gzprintf working correctly. This is done by configure.
- zlib doesn't work on HP-UX 9.05 with some versions of /bin/cc. It works with other compilers. Use "make test" to check your compiler.
- gzdopen is not supported on RISCOS, BEOS and by some Mac compilers.
- For Turbo C the small model is supported only with reduced performance to avoid any far allocation; it was tested with -DMAX_WBITS=11 -DMAX_MEM_LEVEL=3
- For PalmOs, see http://www.cs.uit.no/~perm/PASTA/pilot/software.html Per Harald Myrvang
Acknowledgments:
The deflate format used by zlib was defined by Phil Katz. The deflate and zlib specifications were written by L. Peter Deutsch. Thanks to all the people who reported problems and suggested various improvements in zlib; they are too numerous to cite here.
Copyright notice:
(C) 1995-1998 Jean-loup Gailly and Mark Adler
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.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
If you use the zlib library in a product, we would appreciate *not* receiving lengthy legal documents to sign. The sources are provided for free but without warranty of any kind. The library has been entirely written by Jean-loup Gailly and Mark Adler; it does not include third-party code.
If you redistribute modified sources, we would appreciate that you include in the file ChangeLog history information documenting your changes.
(f) Progress OpenEdge v11.6 may incorporate International Classes for Unicode (International Components for Unicode) v2.4 from IBM. Such technology is subject to the following terms and conditions: ICU License - The ICU project is licensed under the X License (see also the x.org original), which is compatible with GPL but non-copyleft. The license allows ICU to be incorporated into a wide variety of software projects using the GPL license. The X license is compatible with the GPL, while also allowing ICU to be incorporated into non-open source products. License ICU License - ICU 1.8.1 and later COPYRIGHT AND PERMISSION NOTICE Copyright (c) 1995-2003 International Business Machines Corporation and others All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR 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. Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
-------------------------------------------------------------------------
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
(g) Progress OpenEdge v11.6 may incorporate International Components for Unicode v4.8.0. Such technology is subject to the following terms and conditions: ICU License - ICU 1.8.1 and later COPYRIGHT AND PERMISSION NOTICE Copyright (c) 1995-2011 International Business Machines Corporation and others All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
(h) Progress OpenEdge v11.6 may incorporate java.net args4j v2.0.12 from Kohsuke Kawaguchi. Such technology is subject to the following terms and conditions: Copyright (c) 2003, Kohsuke Kawaguchi All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: *Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. *Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(i) Progress OpenEdge v11.6 may incorporate Jaxen v1.1-beta-3 from jaxen.org. Such technology is subject to the following terms and conditions: Project License $Id: LICENSE.txt 1128 2006-02-05 21:49:04Z elharo $ Copyright 2003-2006 The Werken Company. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Jaxen Project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(j) Progress OpenEdge v11.6 may incorporate Jing 20030619 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3). Such technology is subject to the following terms and conditions: Jing Copying Conditions. Copyright (c) 2001-2003 Thai Open Source Software Center Ltd. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Thai Open Source Software Center Ltd nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Third-party JARs - This distribution includes some additional JAR files, which have their own copying conditions:
saxon.jar Comes from the Saxon 6.5.2 distribution and is covered by these conditions xercesImpl.jar xml-apis.jar Come from the Xerces-J 2.4.0 distribution and are covered by the Apache Software License isorelax.jar Comes from ISO RELAX 2003/01/08 distribution and is covered by the following license: Copyright (c) 2001-2002, SourceForge ISO-RELAX Project (ASAMI Tomoharu, Daisuke Okajima, Kohsuke Kawaguchi, and MURATA Makoto) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(k) Progress OpenEdge v11.6 may incorporate Sun's Jmaki framework v1.0 and Sun's Jmaki framework v1.0.3 from Sun Microsystems, Inc. Such technology is subject to the following terms and conditions: Copyright 1994-2006 Sun Microsystems, Inc. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
(l) Progress OpenEdge v11.6 may incorporate Jmaki framework v1.8.0 from Sun Microsystems, Inc. Such technology is subject to the following terms and conditions: Copyright 1994-2006 Sun Microsystems, Inc. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: * Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. * Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
(m) Progress OpenEdge v11.6 may incorporate JSTL v1.0 from Sun Microsystems, Inc. Such technologies are subject to the following terms and conditions: Code sample License Copyright 1994-2006 Sun Microsystems, Inc. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
(n) Progress OpenEdge v11.6 may incorporate Looks v2.1.2 from JGoodies. Such technology is subject to the following terms and conditions: The BSD License for the JGoodies Looks - Copyright (c) 2001-2007 JGoodies Karsten Lentzsch. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: o Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of JGoodies Karsten Lentzsch nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(o) Progress OpenEdge v11.6 may incorporate OpenSSL v1.0.1l from The OpenSSL Project. Such technology is subject to the following terms and conditions: LICENSE ISSUES ============== The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact openssl-core@openssl.org.
OpenSSL License ---------------
Copyright (c) 1998-2011 The OpenSSL Project. 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. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).
Original SSLeay License -----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used.
This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.
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 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. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``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 OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
(p) Progress OpenEdge v11.6 may incorporate Datatype.jar. Such technology is subject to the following terms and conditions: Copyright (c) 2001, Thai Open Source Software Center Ltd, Sun Microsystems. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the names of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(q) Progress OpenEdge v11.6 may incorporate SLF4J v1.6.1 and SLF4J v1.6.2 from QOS. Such technology is subject to the following terms and conditions: Copyright (c) 2004-2008 QOS.ch All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(r) Progress OpenEdge v11.6 may incorporate SLF4J v1.7.7 from QOS. Such technology is subject to the following terms and conditions: Copyright (c) 2004-2013 QOS.ch All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(s) Progress OpenEdge v11.6 may incorporate STAX API (JSR 173) v3.1.1 from Woodstox Project. Such technology is subject to the following terms and conditions: Copyright (c) 2004-2010, Woodstox Project (http://woodstox.codehaus.org/)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. Neither the name of the Woodstox XML Processor nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(t) Progress OpenEdge v11.6 may incorporate Trang 20030619 (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3). Such technology is subject to the following terms and conditions: Copyright (c) 2002, 2003 Thai Open Source Software Center Ltd. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the Thai Open Source Software Center Ltd nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(u) Progress OpenEdge v11.6 may incorporate Xpp3 v1.1.3.4 from Indiana University (as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3). Such technology is subject to the following terms and conditions: Indiana University Extreme! Lab Software License Version 1.1.1 Copyright (c) 2002 Extreme! Lab, Indiana University. 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 Indiana University Extreme! Lab (http://www.extreme.indiana.edu/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Indiana Univeristy" and "Indiana Univeristy Extreme! Lab" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact http://www.extreme.indiana.edu/. 5. Products derived from this software may not use "Indiana Univeristy" name nor may "Indiana Univeristy" appear in their name, without prior written permission of the Indiana University. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(v) Progress OpenEdge v11.6 may incorporate XStream v1.3.1 from XStream. Such technology is subject to the following terms and conditions: Copyright (c) 2003-2006, Joe Walnes Copyright (c) 2006-2007, XStream Committers All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of XStream nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(w) Progress OpenEdge v11.6 may incorporate YAJL v0.4.0 from Lloyd Hilaiel. Such technology is subject to the following terms and conditions: Copyright 2007, Lloyd Hilaiel. 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. Neither the name of Lloyd Hilaiel nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE 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.
(x) Progress OpenEdge v11.6 may incorporate GNU ZLIB v1.1.4 and GNU ZLIB v1.2.3 from Jean-loup Gailiy & Mark Alder. Such technologies are subject to the following terms and conditions: Copyright notice: (C) 1995-2002 Jean-loup Gailly and Mark Adler 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.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
(y) Progress OpenEdge v11.6 may incorporate ZLIB.NET Free v1.0.4 from ComponentAce. Such technology is subject to the following terms and conditions: Copyright (c) 2006-2007, ComponentAce http://www.componentace.com All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of ComponentAce nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
(6) COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0:
Progress OpenEdge v11.6 may incorporate
JavaServer Faces API Reference Impl. v1.1;
JAXRPC v1.1 (spec version)
JAX-RS v1.0;
JAX-RS: Java API for RESTful Web Services v1.0;
SOAP with Attachments API for Java 1.2 (spec version);
Streaming API for XML (StAX) implementation of JSR 173 v1.6;
Streaming API for XML v1.6;
Sun JAXB XJC v2.2.1.1;
Sun JAXWS API v2.1.1;
Sun SAAJ API v1.4.5;
Such above-listed technologies are subject to the following terms and conditions: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 * 1. Definitions. o 1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications. o 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. o 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. o 1.4. “Executable” means the Covered Software in any form other than Source Code. o 1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License. o 1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License. o 1.7. “License” means this document. o 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. o 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. o 1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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. o 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.
(7) COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1:
Progress OpenEdge v11.6 may incorporate
JAXB v2.1.13; and
JAXB v2.2.2.
Such above-listed technologies are subject to the following terms and conditions: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
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.
Oracle 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. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
6.4. 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 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.
(8) Common Public License – v1.0:
Progress OpenEdge v11.6 may incorporate
Jpivot v1.8.0 from Tonbeller AG;
Web Component Framework v1.7.0 from Tonbeller AG;
WSDL4J v1.5.1; and
WSDL4J v1.6.2.
Such above-listed technology is subject to the following terms and conditions: Common Public License - v 1.0 - THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which:
(i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and
(ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the Program.
Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
(9) Eclipse Foundation Software User Agreement March 17, 2005:
Progress OpenEdge v11.6 may incorporate
Jetty v9.2.13;
(from Eclipse (PEP 43 primary) v4.3.1) - Orbit vR20130827064939.
PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein.
Such above-listed technologies are subject to the following terms and conditions:
Eclipse Foundation Software User Agreement
March 17, 2005
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse.org CVS repository ("Repository") in CVS modules ("Modules") and made available as downloadable archives ("Downloads").
* Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
* Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
* A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
* Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
* The top-level (root) directory
* Plug-in and Fragment directories
* Inside Plug-ins and Fragments packaged as JARs
* Sub-directories of the directory named "src" of certain Plug-ins
* Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Eclipse Update Manager, you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
* Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
* Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
* Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
* IBM Public License 1.0 (available at http://oss.software.ibm.com/developerworks/opensource/license10.html)
* Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
* Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Sun Microsystems, Inc. in the United States, other countries, or both.
Contents of Eclipse Public License – v1.0 (as incorporated above): Eclipse Public License – v1.0 (as incorporated above): 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.
(10) Eclipse Foundation Software User Agreement April 14, 2010:
Progress OpenEdge v11.6 may incorporate
(from Eclipse (PEP 43 primary) v4.3.1) - Java Emitter Templates v1.2.0M2 (JET 1.2.0M2).
PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein.
Such above-listed technologies are subject to the following terms and conditions: Eclipse Foundation Software User Agreement April 14, 2010 Usage Of Content THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT. Applicable Licenses - Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content. Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
* Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
* Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
* A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
* Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
* The top-level (root) directory
* Plug-in and Fragment directories
* Inside Plug-ins and Fragments packaged as JARs
* Sub-directories of the directory named "src" of certain Plug-ins
* Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory. THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
* Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
* Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
* Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
* Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
* Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content. Use of Provisioning Technology - The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
1. A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
2. During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
3. Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted. Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Contents of Eclipse Public License – v1.0 (as incorporated above): 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.
(11) Eclipse Foundation Software User Agreement February 1, 2011:
Progress OpenEdge v11.6 may incorporate
(from Eclipse (PEP 43 primary) v4.3.1) - Web Tools Platform v3.5.1 (WTP 3.5.1), Eclipse Platform v4.3.1, Eclipse Modeling Framework v2.9.1 (EMF 2.9.1), UML2 v4.1.1, and XML Schema Definition v2.9.1.
PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein.
Such above-listed technologies are subject to the following terms and conditions:
Eclipse Foundation Software User Agreement
February 1, 2011
Usage Of Content
THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT"). USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT AND/OR THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TERMS AND CONDITIONS OF ANY APPLICABLE LICENSE AGREEMENTS OR NOTICES INDICATED OR REFERENCED BELOW, THEN YOU MAY NOT USE THE CONTENT.
Applicable Licenses
Unless otherwise indicated, all Content made available by the Eclipse Foundation is provided to you under the terms and conditions of the Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is provided with this Content and is also available at http://www.eclipse.org/legal/epl-v10.html. For purposes of the EPL, "Program" will mean the Content.
Content includes, but is not limited to, source code, object code, documentation and other files maintained in the Eclipse Foundation source code repository ("Repository") in software modules ("Modules") and made available as downloadable archives ("Downloads").
* Content may be structured and packaged into modules to facilitate delivering, extending, and upgrading the Content. Typical modules may include plug-ins ("Plug-ins"), plug-in fragments ("Fragments"), and features ("Features").
* Each Plug-in or Fragment may be packaged as a sub-directory or JAR (Java™ ARchive) in a directory named "plugins".
* A Feature is a bundle of one or more Plug-ins and/or Fragments and associated material. Each Feature may be packaged as a sub-directory in a directory named "features". Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of the Plug-ins and/or Fragments associated with that Feature.
* Features may also include other Features ("Included Features"). Within a Feature, files named "feature.xml" may contain a list of the names and version numbers of Included Features.
The terms and conditions governing Plug-ins and Fragments should be contained in files named "about.html" ("Abouts"). The terms and conditions governing Features and Included Features should be contained in files named "license.html" ("Feature Licenses"). Abouts and Feature Licenses may be located in any directory of a Download or Module including, but not limited to the following locations:
* The top-level (root) directory
* Plug-in and Fragment directories
* Inside Plug-ins and Fragments packaged as JARs
* Sub-directories of the directory named "src" of certain Plug-ins
* Feature directories
Note: if a Feature made available by the Eclipse Foundation is installed using the Provisioning Technology (as defined below), you must agree to a license ("Feature Update License") during the installation process. If the Feature contains Included Features, the Feature Update License should either provide you with the terms and conditions governing the Included Features or inform you where you can locate them. Feature Update Licenses may be found in the "license" property of files named "feature.properties" found within a Feature. Such Abouts, Feature Licenses, and Feature Update Licenses contain the terms and conditions (or references to such terms and conditions) that govern your use of the associated Content in that directory.
THE ABOUTS, FEATURE LICENSES, AND FEATURE UPDATE LICENSES MAY REFER TO THE EPL OR OTHER LICENSE AGREEMENTS, NOTICES OR TERMS AND CONDITIONS. SOME OF THESE OTHER LICENSE AGREEMENTS MAY INCLUDE (BUT ARE NOT LIMITED TO):
* Eclipse Distribution License Version 1.0 (available at http://www.eclipse.org/licenses/edl-v1.0.html)
* Common Public License Version 1.0 (available at http://www.eclipse.org/legal/cpl-v10.html)
* Apache Software License 1.1 (available at http://www.apache.org/licenses/LICENSE)
* Apache Software License 2.0 (available at http://www.apache.org/licenses/LICENSE-2.0)
* Metro Link Public License 1.00 (available at http://www.opengroup.org/openmotif/supporters/metrolink/license.html)
* Mozilla Public License Version 1.1 (available at http://www.mozilla.org/MPL/MPL-1.1.html)
IT IS YOUR OBLIGATION TO READ AND ACCEPT ALL SUCH TERMS AND CONDITIONS PRIOR TO USE OF THE CONTENT. If no About, Feature License, or Feature Update License is provided, please contact the Eclipse Foundation to determine what terms and conditions govern that particular Content.
Use of Provisioning Technology
The Eclipse Foundation makes available provisioning software, examples of which include, but are not limited to, p2 and the Eclipse Update Manager ("Provisioning Technology") for the purpose of allowing users to install software, documentation, information and/or other materials (collectively "Installable Software"). This capability is provided with the intent of allowing such users to install, extend and update Eclipse-based products. Information about packaging Installable Software is available at http://eclipse.org/equinox/p2/repository_packaging.html ("Specification").
You may use Provisioning Technology to allow other parties to install Installable Software. You shall be responsible for enabling the applicable license agreements relating to the Installable Software to be presented to, and accepted by, the users of the Provisioning Technology in accordance with the Specification. By using Provisioning Technology in such a manner and making it available in accordance with the Specification, you further acknowledge your agreement to, and the acquisition of all necessary rights to permit the following:
1. A series of actions may occur ("Provisioning Process") in which a user may execute the Provisioning Technology on a machine ("Target Machine") with the intent of installing, extending or updating the functionality of an Eclipse-based product.
2. During the Provisioning Process, the Provisioning Technology may cause third party Installable Software or a portion thereof to be accessed and copied to the Target Machine.
3. Pursuant to the Specification, you will provide to the user the terms and conditions that govern the use of the Installable Software ("Installable Software Agreement") and such Installable Software Agreement shall be accessed from the Target Machine in accordance with the Specification. Such Installable Software Agreement must inform the user of the terms and conditions that govern the Installable Software and must solicit acceptance by the end user in the manner prescribed in such Installable Software Agreement. Upon such indication of agreement by the user, the provisioning Technology will complete installation of the Installable Software.
Cryptography
Content may contain encryption software. The country in which you are currently may have restrictions on the import, possession, and use, and/or re-export to another country, of encryption software. BEFORE using any encryption software, please check the country's laws, regulations and policies concerning the import, possession, or use, and re-export of encryption software, to see if this is permitted.
Java and all Java-based trademarks are trademarks of Oracle Corporation in the United States, other countries, or both.
Contents of Eclipse Public License – v1.0 (as incorporated above): 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.
(12) Eclipse Public License – v1.0:
Progress OpenEdge v11.6 incorporates
AspectJ v1.7;
Eclipse v3.4.2;
Eclipse Compiler for Java v3.6.0
Eclipse IDE v3.7.2;
(as part of Eclipse (PEP 43 primary) v4.3.1) - Graphical Editing Framework v3.9.1 (GEF 3.9.1), Java Development Tools v4.3.1 (JDT 4.3.1), Eclipse CVS v4.3.1 (CVS 4.3.1), Eclipse Plug-in Development Environment v4.3.1;
Mondrian v3.3.0;
(as part of Progress 1PAdapters v1.5.4) – QOS Logback v0.9.18; and
(as part of Progress AppServer (PAS) Core v1.2.4) - QOS Logback v1.0.13.
PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx 16051 by following the instructions set forth therein.
Such above-listed technologies are subject to the following terms and conditions: Eclipse Public License – v1.0: 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.
(13) GNU LESSER GENERAL PUBLIC LICENSE - Version 2.1, February 1999:
Progress OpenEdge v11.6 may incorporate
DbForms v2.5;
Eigenbase v0.6.0;
Eigenbase v1;
Eigenbase v1.1;
HTTPClient v0.3-3; and
HTML Parser v1.6;
iText v2.1.7;
Java Excel API v2.6.12;
Jazzy v0.5;
Jboss Application Server, Community Edition v5.1;
JBOSS Seam v 2.1.1.GA;
Jcommon v1.0.5;
JFreeChart v1.0.12;
Mpx v4.0;
(as part of Progress 1PAdapters v1.5.4) - Javassist v3.12.1;
Soap UI v1.6; and
SQL Explorer v2.2.4.
PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein.
Such above-listed technologies are subject to the following terms and conditions: 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 these things. To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you 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 have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others. 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 different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs. When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library. We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances. For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License. In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system. Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library. The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run. GNU LESSER GENERAL PUBLIC LICENSE - TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION - 0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you". A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs(which use some of those functions and data) to form executables. The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".) "Source code" for a work means the preferred form of the work for making modifications to it. For a library, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the library. Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does. 1. You may copy and distribute verbatim copies of the Library's complete source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and distribute a copy of this License along with the Library. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Library or any portion of it, thus forming a work based on the Library, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) The modified work must itself be a software library. b) You must cause the files modified to carry prominent notices stating that you changed the files and the date of any change. c) You must cause the whole of the work to be licensed at no charge to all third parties under the terms of this License. d) If a facility in the modified Library refers to a function or a table of data to be supplied by an application program that uses the facility, other than as an argument passed when the facility is invoked, then you must make a good faith effort to ensure that, in the event an application does not supply such function or table, the facility still operates, and performs whatever part of its purpose remains meaningful. (For example, a function in a library to compute square roots has a purpose that is entirely well-defined independent of the application. Therefore, Subsection 2d requires that any application-supplied function or table used by this function must be optional: if the application does not supply it, the square root function must still compute square roots.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Library, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Library, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Library. In addition, mere aggregation of another work not based on the Library with the Library (or with a work based on the Library) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may opt to apply the terms of the ordinary GNU General Public License instead of this License to a given copy of the Library. To do this, you must alter all the notices that refer to this License, so that they refer to the ordinary GNU General Public License, version 2, instead of to this License. (If a newer version than version 2 of the ordinary GNU General Public License has appeared, then you can specify that version instead if you wish.) Do not make any other change in these notices. Once this change is made in a given copy, it is irreversible for that copy, so the ordinary GNU General Public License applies to all subsequent copies and derivative works made from that copy. This option is useful when you wish to copy part of the code of the Library into a program that is not a library. 4. You may copy and distribute the Library (or a portion or derivative of it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange. If distribution of object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place satisfies the requirement to distribute the source code, even though third parties are not compelled to copy the source along with the object code. 5. A program that contains no derivative of any portion of the Library, but is designed to work with the Library by being compiled or linked with it, is called a "work that uses the Library". Such a work, in isolation, is not a derivative work of the Library, and therefore falls outside the scope of this License. However, linking a "work that uses the Library" with the Library creates an executable that is a derivative of the Library (because it contains portions of the Library), rather than a "work that uses the library". The executable is therefore covered by this License. Section 6 states terms for distribution of such executables. When a "work that uses the Library" uses material from a header file that is part of the Library, the object code for the work may be a derivative work of the Library even though the source code is not. Whether this is true is especially significant if the work can be linked without the Library, or if the work is itself a library. The threshold for this to be true is not precisely defined by law. If such an object file uses only numerical parameters, data structure layouts and accessors, and small macros and small inline functions (ten lines or less in length), then the use of the object file is unrestricted, regardless of whether it is legally a derivative work. (Executables containing this object code plus portions of the Library will still fall under Section 6.) Otherwise, if the work is a derivative of the Library, you may distribute the object code for the work under the terms of Section 6. Any executables containing that work also fall under Section 6, whether or not they are linked directly with the Library itself. 6. As an exception to the Sections above, you may also combine or link a "work that uses the Library" with the Library to produce a work containing portions of the Library, and distribute that work under terms of your choice, provided that the terms permit modification of the work for the customer's own use and reverse engineering for debugging such modifications. You must give prominent notice with each copy of the work that the Library is used in it and that the Library and its use are covered by this License. You must supply a copy of this License. If the work during execution displays copyright notices, you must include the copyright notice for the Library among them, as well as a reference directing the user to the copy of this License. Also, you must do one of these things: a) Accompany the work with the complete corresponding machine-readable source code for the Library including whatever changes were used in the work (which must be distributed under Sections 1 and 2 above); and, if the work is an executable linked with the Library, with the complete machine-readable "work that uses the Library", as object code and/or source code, so that the user can modify the Library and then relink to produce a modified executable containing the modified Library. (It is understood that the user who changes the contents of definitions files in the Library will not necessarily be able to recompile the application to use the modified definitions.) b) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (1) uses at run time a copy of the library already present on the user's computer system, rather than copying library functions into the executable, and (2) will operate properly with a modified version of the library, if the user installs one, as long as the modified version is interface-compatible with the version that the work was made with. c) Accompany the work with a written offer, valid for at least three years, to give the same user the materials specified in Subsection 6a, above, for a charge no more than the cost of performing this distribution. d) If distribution of the work is made by offering access to copy from a designated place, offer equivalent access to copy the above specified materials from the same place. e) Verify that the user has already received a copy of these materials or that you have already sent this user a copy. For an executable, the required form of the "work that uses the Library" must include any data and utility programs needed for reproducing the executable from it. However, as a special exception, the materials to be distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute. 7. You may place library facilities that are a work based on the Library side-by-side in a single library together with other library facilities not covered by this License, and distribute such a combined library, provided that the separate distribution of the work based on the Library and of the other library facilities is otherwise permitted, and provided that you do these two things: a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities. This must be distributed under the terms of the Sections above. b) Give prominent notice with the combined library of the fact that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work. 8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 9. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it. 10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties with this License. 11. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Library. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply, and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 13. The Free Software Foundation may publish revised and/or new versions of the Lesser 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 Library 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 Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation. 14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, 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 15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "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 LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 16. 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 LIBRARY 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 LIBRARY (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 LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), 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 Libraries - If you develop a new library, and you want it to be of the greatest possible use to the public, we recommend making it free software that everyone can redistribute and change. You can do so by permitting redistribution under these terms (or, alternatively, under the terms of the ordinary General Public License). To apply these terms, attach the following notices to the library. 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. Copyright (C) This library is free software; you can redistribute it and/or modify it under the terms of the GNU Lesser General Public License as published by the Free Software Foundation; either version 2.1 of the License, or (at your option) any later version. This library 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 Lesser General Public License for more details. You should have received a copy of the GNU Lesser General Public License along with this library; 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. You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the library, if necessary. Here is a sample; alter the names: Yoyodyne, Inc., hereby disclaims all copyright interest in the library `Frob' (a library for tweaking knobs) written by James Random Hacker. , 1 April 1990 Ty Coon, President of Vice That's all there is to it!
(14) GNU LESSER GENERAL PUBLIC LICENSE - Version 3, 29 June 2007:
Progress OpenEdge v11.6 may incorporate JasperReports v4.1.2. This technology is subject to the following terms and conditions: GNU LESSER GENERAL PUBLIC LICENSE - Version 3, 29 June 2007 - Copyright © 2007 Free Software Foundation, Inc. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below. 0. Additional Definitions. As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License. “The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below. An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library. A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”. The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version. The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work. 1. Exception to Section 3 of the GNU GPL. You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL. 2. Conveying Modified Versions. If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version: a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy. 3. Object Code Incorporating Material from Library Header Files. The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following: a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License. b) Accompany the object code with a copy of the GNU GPL and this license document. 4. Combined Works. You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following: a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License. b) Accompany the Combined Work with a copy of the GNU GPL and this license document. c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document. d) Do one of the following: 0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source. 1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version. e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.) 5. Combined Libraries. You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following: a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License. b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work. 6. Revised Versions of the GNU Lesser General Public License. The Free Software Foundation may publish revised and/or new versions of the GNU Lesser 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 Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation. If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library. For Reference as incorporated in the above license - GNU GENERAL PUBLIC LICENSE - Version 3, 29 June 2007 - Copyright © 2007 Free Software Foundation, Inc. http://fsf.org/ - Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble - The GNU General Public License is a free, copyleft license for software and other kinds of works. The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too. When we speak of free software, we are referring to freedom, 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 them if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs, and that you know you can do these things. To protect your rights, we need to prevent others from denying you these rights or asking you to surrender the rights. Therefore, you have certain responsibilities if you distribute copies of the software, or if you modify it: responsibilities to respect the freedom of others. For example, if you distribute copies of such a program, whether gratis or for a fee, you must pass on to the recipients the same freedoms that you received. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. Developers that use the GNU GPL protect your rights with two steps: (1) assert copyright on the software, and (2) offer you this License giving you legal permission to copy, distribute and/or modify it. For the developers' and authors' protection, the GPL clearly explains that there is no warranty for this free software. For both users' and authors' sake, the GPL requires that modified versions be marked as changed, so that their problems will not be attributed erroneously to authors of previous versions. Some devices are designed to deny users access to install or run modified versions of the software inside them, although the manufacturer can do so. This is fundamentally incompatible with the aim of protecting users' freedom to change the software. The systematic pattern of such abuse occurs in the area of products for individuals to use, which is precisely where it is most unacceptable. Therefore, we have designed this version of the GPL to prohibit the practice for those products. If such problems arise substantially in other domains, we stand ready to extend this provision to those domains in future versions of the GPL, as needed to protect the freedom of users. Finally, every program is threatened constantly by software patents. States should not allow patents to restrict development and use of software on general-purpose computers, but in those that do, we wish to avoid the special danger that patents applied to a free program could make it effectively proprietary. To prevent this, the GPL assures that patents cannot be used to render the program non-free. The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS 0. Definitions. “This License” refers to version 3 of the GNU General Public License. “Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks. “The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations. To “modify” a work means to copy from or adapt all or part of the work in a fashion requiring copyright permission, other than the making of an exact copy. The resulting work is called a “modified version” of the earlier work or a work “based on” the earlier work. A “covered work” means either the unmodified Program or a work based on the Program. To “propagate” a work means to do anything with it that, without permission, would make you directly or secondarily liable for infringement under applicable copyright law, except executing it on a computer or modifying a private copy. Propagation includes copying, distribution (with or without modification), making available to the public, and in some countries other activities as well. To “convey” a work means any kind of propagation that enables other parties to make or receive copies. Mere interaction with a user through a computer network, with no transfer of a copy, is not conveying. An interactive user interface displays “Appropriate Legal Notices” to the extent that it includes a convenient and prominently visible feature that (1) displays an appropriate copyright notice, and (2) tells the user that there is no warranty for the work (except to the extent that warranties are provided), that licensees may convey the work under this License, and how to view a copy of this License. If the interface presents a list of user commands or options, such as a menu, a prominent item in the list meets this criterion. 1. Source Code. The “source code” for a work means the preferred form of the work for making modifications to it. “Object code” means any non-source form of a work. A “Standard Interface” means an interface that either is an official standard defined by a recognized standards body, or, in the case of interfaces specified for a particular programming language, one that is widely used among developers working in that language. The “System Libraries” of an executable work include anything, other than the work as a whole, that (a) is included in the normal form of packaging a Major Component, but which is not part of that Major Component, and (b) serves only to enable use of the work with that Major Component, or to implement a Standard Interface for which an implementation is available to the public in source code form. A “Major Component”, in this context, means a major essential component (kernel, window system, and so on) of the specific operating system (if any) on which the executable work runs, or a compiler used to produce the work, or an object code interpreter used to run it. The “Corresponding Source” for a work in object code form means all the source code needed to generate, install, and (for an executable work) run the object code and to modify the work, including scripts to control those activities. However, it does not include the work's System Libraries, or general-purpose tools or generally available free programs which are used unmodified in performing those activities but which are not part of the work. For example, Corresponding Source includes interface definition files associated with source files for the work, and the source code for shared libraries and dynamically linked subprograms that the work is specifically designed to require, such as by intimate data communication or control flow between those subprograms and other parts of the work. The Corresponding Source need not include anything that users can regenerate automatically from other parts of the Corresponding Source. The Corresponding Source for a work in source code form is that same work. 2. Basic Permissions. All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law. You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force. You may convey covered works to others for the sole purpose of having them make modifications exclusively for you, or provide you with facilities for running those works, provided that you comply with the terms of this License in conveying all material for which you do not control copyright. Those thus making or running the covered works for you must do so exclusively on your behalf, under your direction and control, on terms that prohibit them from making any copies of your copyrighted material outside their relationship with you. Conveying under any other circumstances is permitted solely under the conditions stated below. Sublicensing is not allowed; section 10 makes it unnecessary. 3. Protecting Users' Legal Rights From Anti-Circumvention Law. No covered work shall be deemed part of an effective technological measure under any applicable law fulfilling obligations under article 11 of the WIPO copyright treaty adopted on 20 December 1996, or similar laws prohibiting or restricting circumvention of such measures. When you convey a covered work, you waive any legal power to forbid circumvention of technological measures to the extent such circumvention is effected by exercising rights under this License with respect to the covered work, and you disclaim any intention to limit operation or modification of the work as a means of enforcing, against the work's users, your or third parties' legal rights to forbid circumvention of technological measures. 4. Conveying Verbatim Copies. You may convey verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice; keep intact all notices stating that this License and any non-permissive terms added in accord with section 7 apply to the code; keep intact all notices of the absence of any warranty; and give all recipients a copy of this License along with the Program. You may charge any price or no price for each copy that you convey, and you may offer support or warranty protection for a fee. 5. Conveying Modified Source Versions. You may convey a work based on the Program, or the modifications to produce it from the Program, in the form of source code under the terms of section 4, provided that you also meet all of these conditions:* a) The work must carry prominent notices stating that you modified it, and giving a relevant date. * b) The work must carry prominent notices stating that it is released under this License and any conditions added under section 7. This requirement modifies the requirement in section 4 to “keep intact all notices”. * c) You must license the entire work, as a whole, under this License to anyone who comes into possession of a copy. This License will therefore apply, along with any applicable section 7 additional terms, to the whole of the work, and all its parts, regardless of how they are packaged. This License gives no permission to license the work in any other way, but it does not invalidate such permission if you have separately received it. * d) If the work has interactive user interfaces, each must display Appropriate Legal Notices; however, if the Program has interactive interfaces that do not display Appropriate Legal Notices, your work need not make them do so. A compilation of a covered work with other separate and independent works, which are not by their nature extensions of the covered work, and which are not combined with it such as to form a larger program, in or on a volume of a storage or distribution medium, is called an “aggregate” if the compilation and its resulting copyright are not used to limit the access or legal rights of the compilation's users beyond what the individual works permit. Inclusion of a covered work in an aggregate does not cause this License to apply to the other parts of the aggregate. 6. Conveying Non-Source Forms. You may convey a covered work in object code form under the terms of sections 4 and 5, provided that you also convey the machine-readable Corresponding Source under the terms of this License, in one of these ways: * a) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by the Corresponding Source fixed on a durable physical medium customarily used for software interchange. * b) Convey the object code in, or embodied in, a physical product (including a physical distribution medium), accompanied by a written offer, valid for at least three years and valid for as long as you offer spare parts or customer support for that product model, to give anyone who possesses the object code either (1) a copy of the Corresponding Source for all the software in the product that is covered by this License, on a durable physical medium customarily used for software interchange, for a price no more than your reasonable cost of physically performing this conveying of source, or (2) access to copy the Corresponding Source from a network server at no charge. * c) Convey individual copies of the object code with a copy of the written offer to provide the Corresponding Source. This alternative is allowed only occasionally and noncommercially, and only if you received the object code with such an offer, in accord with subsection 6b. * d) Convey the object code by offering access from a designated place (gratis or for a charge), and offer equivalent access to the Corresponding Source in the same way through the same place at no further charge. You need not require recipients to copy the Corresponding Source along with the object code. If the place to copy the object code is a network server, the Corresponding Source may be on a different server (operated by you or a third party) that supports equivalent copying facilities, provided you maintain clear directions next to the object code saying where to find the Corresponding Source. Regardless of what server hosts the Corresponding Source, you remain obligated to ensure that it is available for as long as needed to satisfy these requirements. * e) Convey the object code using peer-to-peer transmission, provided you inform other peers where the object code and Corresponding Source of the work are being offered to the general public at no charge under subsection 6d. A separable portion of the object code, whose source code is excluded from the Corresponding Source as a System Library, need not be included in conveying the object code work. A “User Product” is either (1) a “consumer product”, which means any tangible personal property which is normally used for personal, family, or household purposes, or (2) anything designed or sold for incorporation into a dwelling. In determining whether a product is a consumer product, doubtful cases shall be resolved in favor of coverage. For a particular product received by a particular user, “normally used” refers to a typical or common use of that class of product, regardless of the status of the particular user or of the way in which the particular user actually uses, or expects or is expected to use, the product. A product is a consumer product regardless of whether the product has substantial commercial, industrial or non-consumer uses, unless such uses represent the only significant mode of use of the product.
“Installation Information” for a User Product means any methods, procedures, authorization keys, or other information required to install and execute modified versions of a covered work in that User Product from a modified version of its Corresponding Source. The information must suffice to ensure that the continued functioning of the modified object code is in no case prevented or interfered with solely because modification has been made. If you convey an object code work under this section in, or with, or specifically for use in, a User Product, and the conveying occurs as part of a transaction in which the right of possession and use of the User Product is transferred to the recipient in perpetuity or for a fixed term (regardless of how the transaction is characterized), the Corresponding Source conveyed under this section must be accompanied by the Installation Information. But this requirement does not apply if neither you nor any third party retains the ability to install modified object code on the User Product (for example, the work has been installed in ROM). The requirement to provide Installation Information does not include a requirement to continue to provide support service, warranty, or updates for a work that has been modified or installed by the recipient, or for the User Product in which it has been modified or installed. Access to a network may be denied when the modification itself materially and adversely affects the operation of the network or violates the rules and protocols for communication across the network. Corresponding Source conveyed, and Installation Information provided, in accord with this section must be in a format that is publicly documented (and with an implementation available to the public in source code form), and must require no special password or key for unpacking, reading or copying. 7. Additional Terms. “Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions. When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission. Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms: * a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or * b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or * c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or * d) Limiting the use for publicity purposes of names of licensors or authors of the material; or * e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or * f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors. All other non-permissive additional terms are considered “further restrictions” within the meaning of section 10. If the Program as you received it, or any part of it, contains a notice stating that it is governed by this License along with a term that is a further restriction, you may remove that term. If a license document contains a further restriction but permits relicensing or conveying under this License, you may add to a covered work material governed by the terms of that license document, provided that the further restriction does not survive such relicensing or conveying. If you add terms to a covered work in accord with this section, you must place, in the relevant source files, a statement of the additional terms that apply to those files, or a notice indicating where to find the applicable terms. Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way. 8. Termination. You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11). However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation. Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice. Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10. 9. Acceptance Not Required for Having Copies. You are not required to accept this License in order to receive or run a copy of the Program. Ancillary propagation of a covered work occurring solely as a consequence of using peer-to-peer transmission to receive a copy likewise does not require acceptance. However, nothing other than this License grants you permission to propagate or modify any covered work. These actions infringe copyright if you do not accept this License. Therefore, by modifying or propagating a covered work, you indicate your acceptance of this License to do so. 10. Automatic Licensing of Downstream Recipients. Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License. An “entity transaction” is a transaction transferring control of an organization, or substantially all assets of one, or subdividing an organization, or merging organizations. If propagation of a covered work results from an entity transaction, each party to that transaction who receives a copy of the work also receives whatever licenses to the work the party's predecessor in interest had or could give under the previous paragraph, plus a right to possession of the Corresponding Source of the work from the predecessor in interest, if the predecessor has it or can get it with reasonable efforts. You may not impose any further restrictions on the exercise of the rights granted or affirmed under this License. For example, you may not impose a license fee, royalty, or other charge for exercise of rights granted under this License, and you may not initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging that any patent claim is infringed by making, using, selling, offering for sale, or importing the Program or any portion of it. 11. Patents. A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”. A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License. Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version. In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party. If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid. If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it. A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007. Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law. 12. No Surrender of Others' Freedom. If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program. 13. Use with the GNU Affero General Public License. Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such. 14. Revised Versions of this License. The Free Software Foundation may publish revised and/or new versions of the GNU 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 that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation. If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program. Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version. 15. Disclaimer of Warranty. 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. 16. Limitation of Liability. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS 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. 17. Interpretation of Sections 15 and 16. If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee. END OF TERMS AND CONDITIONS
(15) IBM Public License Version 1.0:
Progress OpenEdge v11.6 may incorporate IBM UDDI4J v2.0 (Universal Description, Discovery and Integration for Java). PSC will, at Licensee's request, provide copies of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein. This technology is subject to the following terms and conditions: IBM Public License Version 1.0 03 Mar 2005 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. DEFINITIONS “Contribution" means: in the case of International Business Machines Corporation ("IBM"), the Original Program, and in the case of each Contributor, changes to the Program, and additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means IBM and any other entity that distributes the Program. "Licensed Patents" mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Original Program" means the original version of the software accompanying this Agreement as released by IBM, including source code, object code and documentation, if any. "Program" means the Original Program and Contributions. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. GRANT OF RIGHTS 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. 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. 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. 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. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: it complies with the terms and conditions of this Agreement; and its license agreement: 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; effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and 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: it must be made available under this Agreement; and a copy of this Agreement must be included with each copy of the Program. Each Contributor must include the following in a conspicuous location in the Program: Copyright© {date here}, International Business Machines Corporation and others. All Rights Reserved. In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 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. 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. 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. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. IBM may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than IBM has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
(16) MICROSOFT SOFTWARE LICENSE TERMS
(a) Progress OpenEdge v11.6 may incorporate dbghelp.dll (x64) v6.12.2.633 and dbghelp.dll (x86) v6.12.2.633 (parts of Debugging Tools for Windows). Such technology is subject to the following terms and conditions:
MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT DEBUGGING TOOLS FOR WINDOWS
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
* updates,
* supplements,
* Internet-based services
* support services, and
* Debugging symbol files that you may access over the internet
for this software, unless other terms accompany those items. If so, those terms apply. By using the software, you accept these terms. If you do not accept them, do not use the software. If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. One user may install and use any number of copies of the software on your devices to design, develop, debug and test your programs.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code. The software contains code that you are permitted to distribute in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
* REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files.
* Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
* Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
* add significant primary functionality to it in your programs;
* require distributors and external end users to agree to terms that protect it at least as much as this agreement;
* display your valid copyright notice on your programs; and
* indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
* alter any copyright, trademark or patent notice in the Distributable Code;
* distribute any symbol files which you may access or use under these license terms for the software;
* use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
* distribute Distributable Code to run on a platform other than the Windows platform;
* include Distributable Code in malicious, deceptive or unlawful programs; or
* modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
* the code be disclosed or distributed in source code form; or
* others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* work around any technical limitations in the software;
* reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
* make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party; or
* use the software for commercial software hosting services.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software contains features which may connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. You may switch these features on or you may choose not to use them. For more information about these features, see http://go.microsoft.com/fwlink/?LinkID=104288. By using these features, you consent to the transmission of this information. Microsoft does not use the information to identify or contact you.
b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
7. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
8. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
9. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de
ce logiciel est ŕ votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation ŕ un usage particulier et d’absence de contrefaçon sont exclues. LIMITATION DES DOMMAGES-INTÉRĘTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement ŕ hauteur de 5,00 $ US. Vous ne pouvez prétendre ŕ aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de
bénéfices. Cette limitation concerne :
* tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
* les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur. Elle s’applique également, męme si Microsoft connaissait ou devrait connaître l’éventualité d’un tel
dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas ŕ votre égard. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confčrent les lois de votre pays si celles-ci ne le permettent pas.
Contents of REDIST.txt file for Debugging Tools for Windows:
Redistributable Code
==============================================
The file(s) listed below are "Redistributable Code" within the meaning of the End-User License Agreement under which you have licensed the file(s).
===================
CVS.PM
===================
(1) You may redistribute cvs.pm
===================
CVSINDEX.CMD
===================
(1) You may redistribute cvsindex.cmd
===================
P4.PM
===================
(1) You may redistribute p4.pm
===================
P4INDEX.CMD
===================
(1) You may redistribute p4index.cmd
===================
SSINDEX.CMD
===================
(1) You may redistribute ssindex.cmd
===================
VSS.PM
===================
(1) You may redistribute vss.pm
===================
VSSINDEX.CMD
===================
(1) You may redistribute vssindex.cmd
===================
SVN.PM
===================
(1) You may redistribute svn.pm
===================
SVNINDEX.CMD
===================
(1) You may redistribute svnindex.cmd
===================
WALK.CMD
===================
(1) You may redistribute walk.cmd
===================
CV2HTTP.CMD
===================
(1) You may redistribute cv2http.cmd
===================
CV2HTTP.PL
===================
(1) You may redistribute cv2http.pl
===================
SRCSRV.INI
===================
(1) You may redistribute srcsrv.ini
===================
TFS.PM
===================
(1) You may redistribute tfs.pm
==================
TFSINDEX.CMD
===================
(1) You may redistribute tfsindex.cmd
===================
PDBCOPY.EXE
===================
(1) You may redistribute pdbcopy.exe
===================
dbghelp.dll
===================
(1) You may redistribute dbghelp.dll version 6.12.2.633
===================
symsrv.dll
===================
(1) You may redistribute symsrv.dll version 6.12.2.633
===================
srcsrv.dll
===================
(1) You may redistribute srcsrv.dll version 6.12.2.633
===================
pdbstr.exe
===================
(1) You may redistribute pdbstr.exe version 6.12.2.633
===================
srctool.exe
===================
(1) You may redistribute srctool.exe version 6.12.2.633
===================
agestore.exe
===================
(1) You may redistribute agestore.exe version 6.12.2.633
===================
symbolcheck.dll
===================
(1) You may redistribute symbolcheck.dll version 6.12.2.633
===================
symstore.exe
===================
(1) You may redistribute symstore.exe version 6.12.2.633
===================
symchk.exe
===================
(1) You may redistribute symchk.exe version 6.12.2.633
(b) Progress OpenEdge v11.6 may incorporate Document Explorer v8.0 licensed from Microsoft Corporation. Pursuant to a specific restriction in the Microsoft License, the following Document Explorer End User License is provided herein and as a clickwrap during installation as it is required to be accepted by end user of the Eligible Product in order for Document Explorer v8.0 product to be installed on end user’s machine. MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT DOCUMENT EXPLORER 8.0
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
------------------------------
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS.
a. Installation and Use. You may install and use one copy of the software on your device.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs.
2. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software for others to copy;
• rent, lease or lend the software;
• transfer the software or this agreement to any third party; or
• use the software for commercial software hosting services.
4. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
5. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, and users and end use. For additional information, see www.microsoft.com/exporting.
7. SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.
8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
• anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est ŕ votre seule risque et péril. Microsoft n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation ŕ un usage particulier et d’absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRĘTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement ŕ hauteur de 5,00 $ US. Vous ne pouvez prétendre ŕ aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.
Cette limitation concerne :
• tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
• les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.
Elle s’applique également, męme si Microsoft connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas ŕ votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confčrent les lois de votre pays si celles ci ne le permettent pas.
(c) Progress OpenEdge v11.6 may incorporate Microsoft .NET Framework v4.0 from Microsoft Corporation. This technology is subject to the following terms and conditions: MICROSOFT SOFTWARE LICENSE TERMS MICROSOFT VISUAL STUDIO 2010 PROFESSIONAL AND TRIAL EDITION These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft · updates, · supplements, · Internet-based services, and · support services for this software, unless other terms accompany those items. If so, those terms apply. BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see www.microsoft.com/info/nareturns.htm. AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES. TRIAL USE RIGHTS and CONVERSION for Visual Studio 2010 Professional Trial Edition. If the software is a trial edition, then this Section applies to you. You may install and use any number of copies of the trial software on your devices. You may only use the trial software for internal evaluation purposes. For example, your trial rights do not include the right to deploy or distribute any programs you design or develop with the software for use in a production environment, except that you may deploy your programs internally solely to evaluate the software. You may convert your trial rights at any time to the full rights described in the rest of these license terms by purchasing a commercial license and obtaining a product key from Microsoft or one of its distributors. Your rights to use the trial software are limited to ninety (90) days. The trial software will present conversion options to you thirty (30) days after you install the trial software. At that time you may either request an additional 60-day trial period extension or purchase a commercial license to continue using the software. After the expiration of the 90-day trial period, without conversion, the trial software will stop running. · Sections 1-3, 10 - 13, 15, 16, 19 and Limited Warranty do not apply. The remaining sections below apply. · Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement. · Because this software is “as is,” we may not provide support services for it. · Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. When you acquire the retail license of the software named above, all of the license terms below apply. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE. 1. OVERVIEW. a. Software. The software includes development tools, software programs and documentation. b. License Model. The software is licensed on a per user basis. 2. INSTALLATION AND USE RIGHTS. a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. You may not use the software on a server in a production environment. b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs, except for those Microsoft programs identified in Sections 6, 7 and 8 which are governed by their own license terms. c. Third Party Programs. The software contains third party programs. If other terms come with those third party programs, those terms determine your rights to use it and any other related rights or remedies you have. d. Product Keys. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties. 3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. a. User Testing. Your end users may access the software to perform acceptance tests on your programs. b. Microsoft Office User Interface. These license terms grant you no rights to make, copy, use or distribute any elements of the Microsoft Office user interface such as the ribbon and quick access toolbar, the license terms for which are available separately. To learn more about the Office user interface licensing program, please visit http://msdn.microsoft.com/officeui. c. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=165518. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. You may copy and install the Utilities you receive with the software on to other machines, and these Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine. d. BUILDSERVER.TXT File. If your version of the software contains a BUILDSERVER.TXT file you may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling and building your programs. We may list additional files at http://go.microsoft.com/fwlink/?LinkId=165518 to use for this same purpose. e. Distributable Code. The software contains code that you are permitted to distribute or deploy in programs you develop if you comply with the terms below. i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.” · REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at: http://go.microsoft.com/fwlink/?LinkId=165518 · Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.” · Silverlight Libraries. You may copy and distribute the object code form of code marked as “Silverlight Libraries”, Silverlight “Client Libraries” and Silverlight “Server Libraries.” · Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules. · Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content. If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content. · Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs. ii. Distribution Requirements. For any Distributable Code you distribute, you must · add significant primary functionality to it in your programs; · for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program; · distribute Distributable Code included in a setup program only as part of that setup program without modification; · require distributors and external end users to agree to terms that protect it at least as much as this agreement; · display your valid copyright notice on your programs; and · indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs. iii. Distribution Restrictions. You may not · alter any copyright, trademark or patent notice in the Distributable Code; · use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft; · distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms; · include Distributable Code in malicious, deceptive or unlawful programs; or · modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that · the code be disclosed or distributed in source code form; or · others have the right to modify it. 4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time. a. Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you. Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you. · Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features. · Extension Manager. The Extension Manager can retrieve other software through the internet from the Visual Studio Gallery website. To provide this other software, the Extension Manager sends to Microsoft the name and version of the software you are using and language code of the device where you installed the software. This other software is provided by third parties to Visual Studio Gallery. It is licensed to users under terms provided by the third parties, not from Microsoft. Read the Visual Studio Gallery terms of use for more information. · Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft. b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means. 5. SILVERLIGHT 3 AND SILVERLIGHT 3 SOFTWARE DEVELOPMENT KIT INTERNET-BASED SERVICES. Microsoft provides Internet-based services with Silverlight. It may change or cancel them at any time. a. Automatic Updates. Silverlight contains an Automatic Update feature that is on by default. For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=147032. You may turn off this feature while Silverlight 3 is running (“opt out”). Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of Silverlight you are using, and the language code of the device where you installed Silverlight, and (c) automatically download and install, or prompt you to download and/or install, current Updates to Silverlight. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of Updates. b. Microsoft Digital Rights Management. If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates. For more information, see http://go.microsoft.com/fwlink/?LinkId=147032. c. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. Silverlight may include H.264/MPEG-4 AVC and/or VC-1decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM . For clarification purposes only, the Notice in this Section does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties. 6. LICENSE TERMS FOR MICROSOFT SQL SERVER SOFTWARE COMPONENTS. The software is accompanied by Microsoft SQL Server software components, which are licensed to you under the terms of the respective SQL Server licenses located in the “Licenses” folder in the following installation directory: ..\Program Files\Microsoft Visual Studio 2010\Licenses. 7. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406. 8. OTHER WINDOWS COMPONENTS. The software contains certain .dll’s related to Microsoft Build and Microsoft Web Deploy technologies. These files are part of Windows. The license terms for Windows apply to your use of these .dll’s. 9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not · work around any technical limitations in the software; · reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation; · make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation; · publish the software for others to copy; · rent, lease or lend the software; or · use the software for commercial software hosting services. Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device. 10. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software. 11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes. 12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.” 13. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies. 14. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting. 15. SUPPORT SERVICES. Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx. Such support will be subject to the following clarification related to jQuery and jQuery Validation. The software may contain the jQuery javascript library and the jQuery validation javascript library, which is licensed under the MIT License. For a copy of that license please see www.opensource.org/licenses/mit-license.php. We do not claim to “own” jQuery or jQuery Validation. While we offer our regular support options for the rest of the Microsoft software, the support we offer for jQuery and jQuery Validation will be as follows: · Support is for the particular jQuery and jQuery Validation code that is included in the software, and only for requests from users of the software. · We will take in customer inquiries. We will, at our option, submit bug fixes to the jQuery or jQuery Validation team on behalf of our customers. · Support does not include feature requests. For feature requests, we will direct you to contact the jQuery or jQuery Validation team directly. · Support does not include distribution of fixes broadly, such as via a Service Level Agreement. We may, however, provide targeted fixes to our customers on a case-by-case basis or suggest a fix so that customers can apply it at their own discretion. · If jQuery or jQuery Validation is discontinued as an ongoing project, then our ability to support it will also need to end at that time. We may also choose to discontinue this support for any other reason. 16. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 17. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 18. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 19. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to · anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and · claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if · repair, replacement or a refund for the software does not fully compensate you for any losses; or · Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. **************************************************************************LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control. D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at · (800) MICROSOFT; · Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or · visit www.microsoft.com/info/nareturns.htm. 2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either · Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or · the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS
MICROSOFT .NET FRAMEWORK 4 FOR MICROSOFT WINDOWS OPERATING SYSTEM
MICROSOFT .NET FRAMEWORK 4 CLIENT PROFILE FOR MICROSOFT WINDOWS OPERATING SYSTEM AND ASSOCIATED LANGUAGE PACKS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement to you. If you are licensed to use Microsoft Windows operating system software (for which this supplement is applicable) (the “software”), you may use this supplement. You may not use it if you do not have a license for the software. You may use a copy of this supplement with each validly licensed copy of the software. The following license terms describe additional use terms for this supplement. These terms and the license terms for the software apply to your use of the supplement. If there is a conflict, these supplemental license terms apply. By using this supplement, you accept these terms. If you do not accept them, do not use this supplement.
If you comply with these license terms, you have the rights below.
1. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this software as described at www.support.microsoft.com/common/international.aspx .
2. MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (.NET Components). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at .
Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at .
Contents of Redistributable file for Microsoft Visual Studio 2010:
The following list is a list of files available with Microsoft Visual Studio 2010 for redistribution under the Visual Studio 2010 license. If the Microsoft software you have licensed is not Visual Studio 2010, only the files that are installed by the Microsoft software may be redistributed under such license.
_____________________________________________________________
Visual Basic PowerPacks
Subject to the license terms for the software, the following file may be redistributed unmodified:
VisualBasicPowerPacksSetup.exe
_____________________________________________________________
Visual C++ Runtime files
Subject to the license terms for the software, you may redistribute the .EXE files (unmodified) listed below.
These files can be run as prerequisites during installation.
vcredist_x86.exe
vcredist_x64.exe
vcredist_IA64.exe
Subject to the license terms for the software, you may redistribute MSM files listed below unmodified as a part of your installation package:
Microsoft_VC100_ATL_x86.msm
Microsoft_VC100_ATL_ia64.msm
Microsoft_VC100_ATL_x64.msm
Microsoft_VC100_CRT_x86.msm
Microsoft_VC100_CRT_ia64.msm
Microsoft_VC100_CRT_x64.msm
Microsoft_VC100_MFC_x86.msm
Microsoft_VC100_MFC_x64.msm
Microsoft_VC100_MFCLOC_x86.msm
Microsoft_VC100_MFCLOC_x64.msm
Microsoft_VC100_OpenMP_x86.msm
Microsoft_VC100_OpenMP_ia64.msm
Microsoft_VC100_OpenMP_x64.msm
For your convenience, we have provided the following folders for use when redistributing VC++ runtime files. Subject to the license terms for the software, you may redistribute the folder (unmodified) in the application local folder as a sub-folder with no change to the folder name. You may also redistribute all the files within a folder, listed below the folder for your convenience, as an entire set.
\VC\redist\x86\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\ia64\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\amd64\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\x86\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\ia64\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\amd64\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\x86\Microsoft.VC100.MFC\
mfc100.dll
mfc100u.dll
mfcm100.dll
mfcm100u.dll
\VC\redist\amd64\Microsoft.VC100.MFC\
mfc100.dll
mfc100u.dll
mfcm100.dll
mfcm100u.dll
\VC\redist\x86\Microsoft.VC100.MFCLOC\
mfc100chs.dll
mfc100cht.dll
mfc100enu.dll
mfc100esp.dll
mfc100deu.dll
mfc100fra.dll
mfc100ita.dll
mfc100jpn.dll
mfc100kor.dll
mfc100rus.dll
\VC\redist\amd64\Microsoft.VC100.MFCLOC\
mfc100chs.dll
mfc100cht.dll
mfc100enu.dll
mfc100esp.dll
mfc100deu.dll
mfc100fra.dll
mfc100ita.dll
mfc100jpn.dll
mfc100kor.dll
mfc100rus.dll
\VC\redist\x86\Microsoft.VC100.OpenMP\
vcomp100.dll
\VC\redist\amd64\Microsoft.VC100.OpenMP\
vcomp100.dll
\VC\redist\ia64\Microsoft.VC100.OpenMP\
vcomp100.dll
Subject to the license terms for the software, the following files can be redistributed with your application in your application local folder or by deploying into the Global Assembly Cache (GAC):
mfcmifc80.dll
Subject to the license terms of the software, one or more of the *.*.pdb files listed below may be redistributed for the sole purpose of debugging your applications.
atl100.i386.pdb
atl100.AMD64.pdb
atl100.IA64.pdb
msvcp100.i386.pdb
msvcp100.AMD64.pdb
msvcp100.IA64.pdb
msvcr100.i386.pdb
msvcr100.AMD64.pdb
msvcr100.IA64.pdb
mfc100.i386.pdb
mfc100.AMD64.pdb
mfc100u.i386.pdb
mfc100u.AMD64.pdb
mfcm100.i386.pdb
mfcm100.AMD64.pdb
mfcm100u.i386.pdb
mfcm100u.AMD64.pdb
vcomp100.i386.pdb
vcomp100.AMD64.pdb
vcomp100.IA64.pdb
_____________________________________________________________
Visual F# Runtime Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
FSharpRedist.exe
FSharp.Core.dll
____________________________________________________________
.NET Framework 4
Subject to the license terms for the software, the following .EXE files may be redistributed unmodified:
dotNetFx40_Client_x86_x64.exe
dotNetFx40_Full_x86_x64.exe
dotNetFx40_Client_x86.exe
dotNetFx40_Full_x86.exe
dotNetFx40_Full_x86_ia64.exe
dotNetFx40_Client_setup.exe
dotNetFx40_Full_setup.exe
Please note that the last 5 files listed above are not included with the software. You can obtain copies of those files from http://go.microsoft.com/fwlink/?LinkId=185911.
Please note that the Language Packs listed below are not included with the software. However, you may redistribute, unmodified, the individual language pack versions of the following files: You may obtain copies of those files from http://go.microsoft.com/fwlink/?LinkId=185911.
dotNetFx40LP_Full_x86_x64.exe
dotNetFx40LP_Full_x86_ia64.exe
dotNetFx40LP_Full_x86.exe
dotNetFx40LP_Client_x86_x64.exe
dotNetFx40LP_Client_x86.exe
Note: represents the specific language identifier. Language Packs are available for the following (listed here with their associated identifier code):
Arabic (ar), Chinese-Taiwan (zh-cht), Czech (cs), Danish (da), German (de), Greek (el), Finnish (fi), French (fr), Hebrew (he), Hungarian (hu), Italian (it), Japanese (ja), Korean (ko), Dutch-Netherlands (nl), Norwegian (no), Polish (pl), Portuguese-Brazil (pt-BR), Russian (ru), Swedish (sv), Turkish (tr), Chinese (zh-chs), Portuguese-Portugal (pt-PT), Spanish (es)
_____________________________________________________________
Visual Studio Tools for Office Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
vstor40_x86.exe
vstor40_x86.msi
vstor40_x64.exe
vstor40_x64.msi
vstor40_lp_x86_ARA.msi
vstor40_lp_x64_ARA.msi
vstor40_lp_x86_CHS.msi
vstor40_lp_x64_CHS.msi
vstor40_lp_x86_CHT.msi
vstor40_lp_x64_CHT.msi
vstor40_lp_x86_DAN.msi
vstor40_lp_x64_DAN.msi
vstor40_lp_x86_DEU.msi
vstor40_lp_x64_DEU.msi
vstor40_lp_x86_ESN.msi
vstor40_lp_x64_ESN.msi
vstor40_lp_x86_FIN.msi
vstor40_lp_x64_FIN.msi
vstor40_lp_x86_FRA.msi
vstor40_lp_x64_FRA.msi
vstor40_lp_x86_HEB.msi
vstor40_lp_x64_HEB.msi
vstor40_lp_x86_ITA.msi
vstor40_lp_x64_ITA.msi
vstor40_lp_x86_JPN.msi
vstor40_lp_x64_JPN.msi
vstor40_lp_x86_KOR.msi
vstor40_lp_x64_KOR.msi
vstor40_lp_x86_NLD.msi
vstor40_lp_x64_NLD.msi
vstor40_lp_x86_NOR.msi
vstor40_lp_x64_NOR.msi
vstor40_lp_x86_PLK.msi
vstor40_lp_x64_PLK.msi
vstor40_lp_x86_PTB.msi
vstor40_lp_x64_PTB.msi
vstor40_lp_x86_RUS.msi
vstor40_lp_x64_RUS.msi
vstor40_lp_x86_SVE.msi
vstor40_lp_x64_SVE.msi
_____________________________________________________________
Microsoft Office 2007 Primary Interop Assemblies (PIA)
Subject to the license terms for the software, the following files may be redistributed unmodified:
o2007pia.msi
_____________________________________________________________
Windows SDK Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
Mage.exe
MageUI.exe
ResGen.exe
_____________________________________________________________
(d) Progress OpenEdge v11.6 may incorporate Microsoft Visual C++ version 2.2 (MFCANS32.DLL) licensed from Microsoft Corporation.
(e) Progress OpenEdge v11.6 may incorporate certain redistributable files from Microsoft Visual Studio .NET 2002 (Msvci70.dll, Mfc70u.dll, and Mscvp70.dll) licensed from Microsoft Corporation. This technology is subject to the following terms and conditions:
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product identified above, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Product"). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
SOFTWARE PRODUCT LICENSE
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. NOTE: Microsoft is not licensing to you any rights with respect to Crystal Reports for Microsoft Visual Studio .NET; your use of Crystal Reports for Microsoft Visual Studio .NET is subject to your acceptance of the terms and conditions of the enclosed (hard copy) end user license agreement from Crystal Decisions for that product (a soft copy of the Crystal Decisions end user license agreement can also be found in the following folder: \Program Files\Microsoft Visual Studio .NET\Crystal Reports\license.txt.).
1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to make and use copies of the Product for the purposes of designing, developing, and testing your software product(s), provided that you are the only individual using the Product.
If you are an entity, Microsoft grants to you a personal, nonexclusive license to make and use copies of the Product, provided that for each individual using the Product within your organization, you have acquired a separate and valid license for each such individual.
1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
1.3 Web Stress Functionality/ACT Tool. If included with the edition of the Product you have acquired with this EULA, then as provided in the corresponding Product documentation, you have the ability to use the component of the Product identified as the Applications Center Test ("ACT Tool") to perform stress tests against websites in its default mode (which is to honor any "robots.txt" files it may encounter) or to set the ACT Too to not honor any "robots.txt" files it may encounter when performing its stress tests. The use of the ACT Tool by you in the non-default mode is entirely your responsibility and at your sole risk. Before you use the ACT Tool with any third party property, you should consult with such third party or the agreement governing the use of such property to determine whether or not such use is permitted.
1.4 Use of Additional Microsoft Visio Network Equipment Shapes. If included with the edition of the Product you have acquired with this EULA, Microsoft Visio Enterprise Network Tools provided with Microsoft Visio for Visual Studio .NET Enterprise Architect may enable you to obtain certain additional Microsoft Visio shapes from Microsoft, such as from a Microsoft web site. Microsoft Visio Network Equipment shapes that you obtain by use of Microsoft Visio Network Tools will be considered part of the Product and governed by this EULA unless they are accompanied by a separate license agreement in which case such separate license agreement will govern your use of the Microsoft Visio Network Equipment shapes.
1.5 Storage/Network Use. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on computers used by a licensed end user in accordance with Section 1.1. A single license for the Product may not be shared or used concurrently by other end users.
1.6 Visual Studio .NET-Effect of EULA. This Section 1.6 also applies if the Product is Microsoft Visual Studio .NET, a suite of development tools and other software programs (each such tool or software program, a "Component"). Components that you receive as part of the Product may include a separate end-user license agreement (each, a "Component EULA"). Except as provided in Section 4 and Section 6 ("Prerelease Code"), in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Product, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license restrictions described in Section 3 that correspond to the type of redistributable files you choose to use and redistribute.
2.1 Sample Code. Microsoft grants you the right to use and modify the source code version of those portions of the Product identified as "Samples" in REDIST.TXT or elsewhere in the Product ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and to reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below.
2.2 Redistributable Code-Standard. Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the Product listed in REDIST.TXT ("Redistributable Code"). For applicable redistribution requirements for Redistributable Code, see Section 3.1, below. NOTE: Redistributable Code includes certain files that are identified as "Limited Use Redistributable Code" or "Extended Use Redistributable Code." These files are also subject to: (a) for Limited Use Redistributable Code, the license grant in Section 2.3, and redistribution requirements described in Section 3.3 below; or (b) the additional rights described in Section 3.2 for Extended Use Redistributable Code.
2.3 Redistributable Code-Limited Use. Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of those portions of the Product listed in REDIST.TXT as Limited Use Redistributable Code, and/or the Microsoft Data Engine technology ("MSDE") (collectively, the "Limited Use Redistributable Code"). For applicable redistribution requirements for Limited Use Redistributable Code, see Sections 3.1 and 3.3 below.
2.4 Redistributable Code-Visual C++ and Visual Studio .NET: Microsoft Foundation Classes (MFC), Template Libraries (ATL), and C runtimes (CRTs). If this EULA accompanies Visual C++ or Visual Studio .NET, then in addition to the rights granted in Section 1, Microsoft grants you the right to use and modify the source code version of those portions of the Product that are identified as MFC, ATL, or CRTs (collectively, the "VC Redistributables"), for the sole purposes of designing, developing, and testing your software product(s). Provided you comply with Section 3.1 and you rename any files created by you that are included in the Licensed Product (defined below), Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the VC Redistributables, including any modifications you make. For purposes of this section, "modifications" shall mean enhancements to the functionality of the VC Redistributables. For applicable redistribution requirements for VC Redistributables, see Section 3.1 below.
3. LICENSE RESTRICTIONS -- DISTRIBUTION REQUIREMENTS. If you choose to exercise your rights under Section 2, any redistribution by you requires compliance with the following terms, as appropriate.
3.1 Redistributable Code-Standard.
(a) If you are authorized and choose to redistribute Sample Code, Redistributable Code, VC Redistributables, or Limited Use Redistributable Code (collectively, the "Redistributables") as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables ("Licensed Product"); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) not to use Microsoft's name, logo, or trademarks to market the Licensed Product; (iv) to display your own valid copyright notice which shall be sufficient to protect Microsoft's copyright in the Product; (v) not to remove or obscure any copyright, trademark or patent notices that appear on the Product as delivered to you; (vi) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensed Product; (vii) otherwise comply with the terms of this EULA; and (h) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except: (1) you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensed Product and you and your distributors comply with all other terms of this EULA; and (2) in the manner described in Section 3.2.
(b) If you use the Redistributables, or the "Sample Code" or "Redistributable Code" portions of the SDK Software (as described in Section 4.2(b) (all of the foregoing referred to in this paragraph as the "Licensed Software"), then in addition to your compliance with the applicable distribution requirements described for the Licensed Software, the following also applies. Your license rights to the Licensed Software are conditioned upon your (i) not incorporating Identified Software into or combining Identified Software with the Licensed Software or a derivative work thereof; (ii) not distributing Identified Software in conjunction with the Licensed Software or a derivative work thereof; and (iii) not using Identified Software in the development of a derivative work of the Licensed Software. "Identified Software" means software which is licensed pursuant to terms that directly or indirectly (A) create, or purport to create, obligations for Microsoft with respect to the Licensed Software or derivative work thereof or (B) grant, or purport to grant, to any third party any rights or immunities under Microsoft's intellectual property or proprietary rights in the Licensed Software or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of use, modification and/or distribution of such software that other software incorporated into, derived from or distributed with such software be (1) disclosed or distributed in source code form; (2) be licensed for the purpose of making derivative works; or (3) be redistributable at no charge.
3.2 Redistributable Code-Extended Use. You may permit your end users to reproduce and distribute the object code form of certain portions of the Product (as listed in REDIST.TXT as "Extended Use Redistributable Code") only in conjunction with and part of a Licensed Product and/or Web page that adds significant and primary functionality to the Extended Use Redistributable Code. You are authorized to exercise the foregoing rights provided that:
(a) you comply with Section 3.1, and
(b) your end user agrees to: (i) distribute the Extended Use Redistributable Code in object code only in conjunction with and as a part of a software application product developed by them that adds significant and primary functionality to the Extended Use Redistributable Code; (ii) not use Microsoft's name, logo, or trademarks to market the End-User Application; (iii) display their own valid copyright notice which shall be sufficient to protect Microsoft's copyright in the Extended Use Redistributable Code; (iv) indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the End-User Application; (vi) comply with the terms of Section 3.1(b); and (vi) not permit further distribution of the Extended Use Redistributable Code by the user of the End-User Application.
3.3 Redistributable Code-Limited Use. If you are authorized and choose to redistribute Limited Use Redistributable Code, in addition to the terms of Section 3.1, you must also comply with the following.
(a) "Jet" Files or MSDE. If you redistribute the "Jet Files" (as identified in the Product ) or MSDE (individually or collectively, the "MS DB Files") you agree to comply with the following additional requirements: (a) your Licensed Product shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (b) unless your Licensed Product requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use any of the MS DB Files for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. Note: A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general purpose" product.
(b) Microsoft Data Access Components. If you redistribute the Microsoft Data Access Component file identified as MDAC_TYP.EXE, you also agree to redistribute such file in object code only in conjunction with and as a part of a Licensed Product developed by you with a Microsoft development tool product that adds significant and primary functionality to MDAC_TYP.EXE.
4. MICROSOFT SERVER COMPONENTS FOR DEVELOPMENT USE. The Product may include certain of Microsoft Server products (collectively, the "Server Components"), provided for your use solely in conjunction with the design, development and testing of software products created by you; the Server Components may not be used in a production environment. Your use of the Server Components is subject to the terms and conditions of this EULA, the terms of which supercede those of any end user license agreements contained in the Server Components. There are two exceptions to the foregoing: the Server Components identified as Microsoft SQL Server Developer Edition and BizTalk Server Developer Edition contain end user license agreements that govern your use of those specific Server Components. For all other Server Components, the following rights and restrictions apply.
4.1 Installation and Grant of License. The Server Components consist of software programs that provide services or functionality on a computer capable of running the server software ("Server Software"; the computer running the Server Software shall be referred to as the "Server.") and software programs that allow an electronic device (a "Device") to access or utilize the services or functionality provided by the Server Software ("Client Software").
(a) Server Software. Solely for purposes of designing, developing and testing your software product(s) you may make, use and install the Server Software for any individual Server Component on any number of Servers. All components of the Server Software for any one Server Component, however, may only be installed and used on one and the same Server. The Server Software may not be used as the software on the server that supports your development of software product(s) (e.g., as a repository for source code).
(b) Client Software. You may make, use and install the Client Software on any number of Devices for use by others, provided that such use is solely in conjunction with the design, development and testing of software products created by you that operate in conjunction with the Server Software.
4.2 Other Rights and Restrictions Regarding the Server Components.
(a) Windows 2000 Server. The Server Software for the Server Component identified as Windows 2000 Server may be used by no more than four (4) processors of the Server at any one time.
(b) Use of Redistributable Software ("SDK Software"). If included as part of a Server Component, you may install and use copies of the SDK Software on one or more computers located at your premises solely for the purpose of building applications that work in conjunction with the Server Software that accompanies the corresponding SDK Software ("Applications"). You may modify the Sample Code (identified in the "samples" directories) to design, develop, and test your Applications, and may reproduce and use the Sample Code, as modified, on one or more computers located at your premises. You may also reproduce and distribute the Sample Code, along with any modifications you make thereto (for purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code), and any other files that may be listed and identified in a REDIST.TXT file as "redistributable" (collectively, the "Redistributable Code") provided that you comply with the terms of Section 3.1 above.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1 Not For Resale Software. If the Product is labeled "Not For Resale" or "NFR," then you may not resell, or otherwise transfer for value, the Product.
5.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.3 Rental. You may not rent, lease or lend the Product.
5.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.
5.5 Consent to Use of Data. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Product. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
5.6 Software Transfer. The initial user of the Product may make a one-time permanent transfer of this EULA and Product only directly to an end user. This transfer must include all of the Product (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and Product.
5.7 Separation of Components. The Product is licensed as a single product. Its component parts may not be separated for use by more than one user.
5.8 Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Product and all of its component parts.
5.9 Benchmark Testing. You may not disclose the results of any benchmark test of the .NET Framework component of the Product to any third party without Microsoft's prior written approval.
6. PRERELEASE CODE. Portions of the Product may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
7. UPGRADES. To use a Product identified as an upgrade, you must first be licensed for the product identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the product that formed the basis for your upgrade eligibility.You may use the resulting upgraded product only in accordance with the terms of this EULA. If the Product is an upgrade of a component of a package of software programs that you licensed as a single product, the Product may be used and transferred only as part of that single product package and may not be separated for use by more than one end user.
8. DOWNGRADES. Instead of installing and using the Product, you may install and use one copy of an earlier version of the Product, provided that you completely remove such earlier version and install the original Product within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the original Product.
9. NOTE ON JAVA SUPPORT. THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer.
10. LIMITED WARRANTY FOR PRODUCT ACQUIRED IN THE US AND CANADA.
Except with respect to the Redistributables, which are provided "AS IS," without warranty of any kind, Microsoft warrants that the Product will perform substantially in accordance with the accompanying materials for a period of ninety days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY (90) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Product, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 12 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Product, or (b) repair or replacement of the Product, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Product to Microsoft). This Limited Warranty is void if failure of the Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
LIMITED WARRANTY FOR PRODUCT ACQUIRED OUTSIDE THE US OR CANADA.
FOR THE LIMITED WARRANTIES AND SPECIAL PROVISIONS PERTAINING TO YOUR PARTICULAR JURISDICTION, PLEASE REFER TO YOUR WARRANTY BOOKLET INCLUDED WITH THIS PACKAGE OR PROVIDED WITH THE SOFTWARE PRODUCT PRINTED MATERIALS.
11. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties (if any) created by any documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, Microsoft and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by Microsoft with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by you for the Product or U.S.$5.00. The foregoing limitations, exclusions and disclaimers (including Sections 10, 11 and 12 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
16. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
17. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Product in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this Product was acquired outside the United States, then local law may apply.
18. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Microsoft relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
19. The Product is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante vous concerne:
GARANTIE LIMITÉE
Sauf pur celles du "Redistributables," qui sont fournies "comme telles," Microsoft garantit que le Produit fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRČS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation cidessus peut ne pas s'appliquer ŕ vous.
Tous les suppléments ou toutes les mises ŕ jour relatifs au Produit, notamment, les ensembles de services ou les réparations ŕ chaud (le cas échéant) qui vous sont fournis aprčs l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse ou implicite.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprčs. Sauf pour tout remboursement au choix de Microsoft, si le Produit ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, męme si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT Ŕ AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les modalités de la clause «Exclusion des dommages accessoires, indirects et de certains autres dommages » sont également intégrées ŕ la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion cidessus peut ne pas s'appliquer ŕ vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État ŕ un autre. VOTRE RECOURS EXCLUSIF. L'obligation intégrale de Microsoft et de ses fournisseurs et votre recours exclusif seront, selon le choix de Microsoft de temps ŕ autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Produit ou b) la réparation ou le remplacement du Produit qui ne respecte pas la présente garantie limitée et qui est retourné ŕ Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous ętes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Produit ŕ Microsoft). La présente garantie limitée est nulle si la défectuosité du Produit est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Produit de remplacement sera garanti pour le reste de la période de garantie initiale ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. Ŕ l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou ŕ la filiale de Microsoft de votre pays.
DÉNI DE GARANTIES. La garantie limitée mentionnée ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) mentionnées dans un document ou sur un emballage. Sauf en ce qui a trait ŕ la garantie limitée et dans la mesure maximale permise par les lois applicables, le Produit et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d'adaptation ŕ un usage particulier, d'exactitude ou d'exhaustivité des réponses, des résultats, des efforts déployés selon les rčgles de l'art, d'absence de virus et de négligence, le tout ŕ l'égard du Produit et de la prestation des services de soutien technique ou de l'omission d'une telle prestation. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, Ŕ LA JOUISSANCE OU LA POSSESSION PAISIBLE, Ŕ LA CONCORDANCE Ŕ UNE DESCRIPTION NI QUANT Ŕ UNE ABSENCE DE CONTREFAÇON CONCERNANT LE PRODUIT.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES Ŕ L'ÉGARD DU MANQUE Ŕ GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIČRE QUE CE SOIT Ŕ L'UTILISATION DU PRODUIT OU Ŕ L'INCAPACITÉ DE S'EN SERVIR, Ŕ LA PRESTATION OU Ŕ L'OMISSION D'UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DU PRÉSENT EULA OU RELATIVEMENT Ŕ UNE TELLE DISPOSITION, MĘME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MĘME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. Malgré les dommages que vous puissiez subir pour quelque motif que ce soit (notamment, tous les dommages susmentionnés et tous les dommages directs ou généraux), l'obligation intégrale de Microsoft et de l'un ou l'autre de ses fournisseurs aux termes de toute disposition du présent EULA et votre recours exclusif ŕ l'égard de tout ce qui précčde (sauf en ce qui concerne tout recours de réparation ou de remplacement choisi par Microsoft ŕ l'égard de tout manquement ŕ la garantie limitée) se limite au plus élevé entre les montants suivants : le montant que vous avez réellement payé pour le Produit ou 5,00 $US. Les limites, exclusions et dénis qui précčdent (y compris les clauses ci-dessus), s'appliquent dans la mesure maximale permise par les lois applicables, męme si tout recours n'atteint pas son but essentiel.
La présente Convention est régie par les lois de la province d'Ontario, Canada. Chacune des parties ŕ la présente reconnaît irrévocablement la compétence des tribunaux de la province d'Ontario et consent ŕ instituer tout litige qui pourrait découler de la présente auprčs des tribunaux situés dans le district judiciaire de York, province d'Ontario.
Au cas oů vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou écrivez ŕ : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
(f) Progress OpenEdge v11.6 may incorporate certain redistributable files from Microsoft Visual Studio .NET 2003 (Msvcr71.dll, Msvcp71.dll, Mfc71.dll, and Mfc71u.dll) licensed from Microsoft Corporation. This technology is subject to the following terms and conditions: END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation (“Microsoft”) for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.
MICROSOFT SOFTWARE LICENSE
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. NOTE: Microsoft is not licensing to you any rights with respect to Crystal Reports for Microsoft Visual Studio .NET; your use of Crystal Reports for Microsoft Visual Studio .NET is subject to your acceptance of the terms and conditions of the enclosed (hard copy) end user license agreement from Crystal Decisions for that product.
1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product(s), provided that you are the only individual using the Software.
If you are an entity, Microsoft grants to you a personal, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual.
1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
1.3 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by licensed end users in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users.
1.4 Visual Studio—Effect of EULA. As a suite of development tools and other Microsoft software programs (each such tool or software program, a “Component”), Components that you receive as part of the Software may include a separate end-user license agreement (each, a “Component EULA”). Except as provided in Section 4 (“Prerelease Code”), in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control. The Software may also contain third party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3.
2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as “Samples” in REDIST.TXT or elsewhere in the Software (“Sample Code”) for the sole purposes of designing, developing, and testing your software product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below.
2.2 Redistributable Code—General. Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code form of any portion of the Software listed in REDIST.TXT (“Redistributable Code”). For general redistribution requirements for Redistributable Code, see Section 3.1 below.
2.3 Redistributable Code—Microsoft Merge Modules (“MSM”). Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the content of MSM file(s) listed in REDIST.TXT in the manner described in the Software documentation only so long as you redistribute such content in its entirety and do not modify such content in any way. For all other applicable redistribution requirements for MSM files, see Section 3.1 below.
2.4 Redistributable Code—Microsoft Foundation Classes (MFC), Active Template Libraries (ATL), and C runtimes (CRTs). In addition to the rights granted in Section 1, Microsoft grants you a license to use and modify the source code version of those portions of the Software that are identified as MFC, ATL, or CRTs (collectively, the “VC Redistributables”), for the sole purposes of designing, developing, and testing your software product(s). Provided you comply with Section 3.1 and you rename any files created by you that are included in the Licensee Software (defined below), Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code version of the VC Redistributables, including any modifications you make. For purposes of this section, “modifications” shall mean enhancements to the functionality of the VC Redistributables. For all other applicable redistribution requirements for VC Redistributables, see Section 3.1 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.1; some of the Redistributable Code has additional limited use rights described in Section 3.2.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, or Redistributable Code (collectively, the “Redistributables”) as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables (“Licensee Software”); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licensee’s premises or externally from Licensee’s organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be “break-the-seal”, “click-wrap” or signed), with terms no less protective than those contained in this EULA; (iv) not to use Microsoft’s name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect Microsoft’s copyright in the Software; (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.
(b) If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to the Redistributables are conditioned upon your not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. An “Excluded License” is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge.
3.2 Additional Distribution Requirements for Certain Redistributable Code. If you choose to redistribute the files discussed in this Section, then in addition to the terms of Section 3.1, you must ALSO comply with the following.
(a) Microsoft SQL Server Desktop Engine (“MSDE”). If you redistribute MSDE you agree to comply with the following additional requirements: (a) Licensee Software shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (b) unless Licensee Software requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a “general purpose” product.
(b) Microsoft Data Access Components. If you redistribute the Microsoft Data Access Component file identified as MDAC_TYP.EXE, you also agree to redistribute such file in object code only in conjunction with and as a part of a Licensee Software developed by you with a Microsoft development tool product that adds significant and primary functionality to MDAC_TYP.EXE.
3.3 Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.4 Benchmark Testing. The Software may contain the Microsoft .NET Framework. You may not disclose the results of any benchmark test of the .NET Framework component of the Software to any third party without Microsoft’s prior written approval.
4. PRERELEASE CODE. Portions of the Software may be identified as prerelease code (“Prerelease Code”). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
11. UPGRADES/DOWNGRADES
11.1 Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
11.2 Downgrades. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.
11.3 Special Terms for Version 2003 Upgrade Editions of the Software. If the Software accompanying this EULA is the version 2003 edition of the Software and you have acquired it as an upgrade from the corresponding “2002” edition of the Microsoft software product with the same product name as the Software (the “Qualifying Software”), then Section 11.1 does not apply to you. Instead, you may continue to use the Qualifying Software AND the version 2003 upgrade for so long as you continue to comply with the terms of this EULA and the EULA governing your use of the Qualifying Software. Qualifying Software does not include non-Microsoft software products.
12. NOT FOR RESALE SOFTWARE. Software identified as “Not For Resale” or “NFR,” may not be sold or otherwise transfered for value, or used for any purpose other than demonstration, test or evaluation.
13. ACADEMIC EDITION SOFTWARE. To use Software identified as “Academic Edition” or “AE,” you must be a “Qualified Educational User.” For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
14. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
15. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades (including any Qualifying Software as defined in Section 11.3), this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
16. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
17. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Except for the “Redistributables,” which are provided AS IS without warranty of any kind, Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft’s Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 19 (“Exclusion of Incidental, Consequential and Certain Other Damages”) are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft’s and its suppliers’ entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft’s option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft’s warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
18. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 17, 18, AND 19) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
21. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
22. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
23. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante s’applique:
GARANTIE LIMITÉE
Sauf pur celles du “Redistributables,” qui sont fournies “comme telles,” Microsoft garantit que le Logiciel fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu’une loi fédérale ou provinciale ou d’un État en interdit le déni, vous jouissez également d’une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N’Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRČS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d’une garantie ou condition implicite de sorte que la limitation cidessus peut ne pas s’appliquer ŕ vous.
Tous les suppléments ou toutes les mises ŕ jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations ŕ chaud (le cas échéant) qui vous sont fournis aprčs l’expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ciaprčs. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, męme si tout recours n’atteint pas son but essentiel, VOUS N’AVEZ DROIT Ŕ AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la clause «Exclusion des dommages accessoires, indirects et de certains autres dommages » sont également intégrées ŕ la présente garantie limitée. Certains États ou territoires ne permettent pas l’exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l’exclusion cidessus peut ne pas s’appliquer ŕ vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d’autres droits qui peuvent varier d’un territoire ou d’un État ŕ un autre. VOTRE RECOURS EXCLUSIF. La seule responsabilité obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour toute violation de la présente garantie limitée ou pour toute autre violation du présent contrat ou pour toute autre responsabilité relative au Logiciel seront, selon le choix de Microsoft exercé de temps ŕ autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et qui est retourné ŕ Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous ętes responsable des dépenses que vous pourriez engager (p. ex., les frais d’envoi du Logiciel ŕ Microsoft). La présente garantie limitée est nulle si la défectuosité du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la période initiale de la garantie ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. Ŕ l’extérieur des États-Unis ou du Canada, ces recours ou l’un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d’achat d’une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou ŕ la filiale de Microsoft de votre pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s’il en est) crées par une publicité, un document, un emballage ou une autre communication. SAUF EN CE QUI A TRAIT Ŕ LA GARANTIE LIMITÉE ET DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LES GARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE, D’ADAPTATION Ŕ UNE FIN PARTICULIČRE, DE FIABILITÉ OU DE DISPONIBILITÉ, D’EXACTITUDE OU D’EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RČGLES DE L’ART, D’ABSENCE DE VIRUS ET D’ABSENCE DE NÉGLIGENCE, LE TOUT Ŕ L’ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE L’OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU Ŕ L’ÉGARD DE LA FOURNITURE OU DE L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, Ŕ LA JOUISSANCE OU LA POSSESSION PAISIBLE, Ŕ LA CONCORDANCE Ŕ UNE DESCRIPTION NI QUANT Ŕ UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES Ŕ L’ÉGARD DU MANQUE Ŕ GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D’EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU D’EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIČRE QUE CE SOIT Ŕ L’UTILISATION DU LOGICIEL OU Ŕ L’INCAPACITÉ DE S’EN SERVIR, Ŕ LA PRESTATION OU Ŕ L’OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU Ŕ LA FOURNITURE OU Ŕ L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION OU RELATIVEMENT Ŕ UNE TELLE DISPOSITION, MĘME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MĘME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET DE L’UN OU L’AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF Ŕ L’ÉGARD DE TOUT CE QUI PRÉCČDE (SAUF EN CE QUI CONCERNE TOUT RECOURS DE RÉPARATION OU DE REMPLACEMENT CHOISI PAR MICROSOFT Ŕ L’ÉGARD DE TOUT MANQUEMENT Ŕ LA GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCČDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S’APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MĘME SI TOUT RECOURS N’ATTEINT PAS SON BUT ESSENTIEL.
Ŕ moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d’Ontario, Canada. Vous consentez ŕ la compétence des tribunaux fédéraux et provinciaux siégeant ŕ Toronto, dans la province d’Ontario.
Au cas oů vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l’information contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays, ou visitez Microsoft sur le World Wide Web ŕ http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other country:
Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Microsoft if you acquired the Software directly from Microsoft. If you acquired the Software or any support services in Australia, New Zealand or Malaysia, please see the “Consumer rights” section below.
The guarantee - The Software is designed and offered as a general-purpose software, not for any user’s particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Microsoft guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Microsoft will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Microsoft disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Microsoft has been advised of the possibility of such damages. In any case Microsoft’s entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Microsoft breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Microsoft’s liability is limited, at Microsoft’s option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please use the address information enclosed in this Software to contact the Microsoft subsidiary serving your country or visit Microsoft on the World Wide Web at http://www.microsoft.com.
(g) Progress OpenEdge v11.6 may incorporate certain redistributable files licensed from Microsoft Visual C++ Version 6.0 (ASYCFILT.DLL, COMCTL32.OCX, STDOLE2.TLB, OC30.DLL, MSCOMCTL.OCX, REGSVR32.EXE, OLEAUT32.DLL, OLEPRO32.DLL) from Microsoft Corporation. This technology is subject to the following terms and conditions: END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE - IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software product(s) accompanying this EULA, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund. In_ addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT ("UPDATES"), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. NOTE: The terms of a printed, paper EULA which may accompany the SOFTWARE PRODUCT supersede the terms of any on-screen EULA found within the SOFTWARE PRODUCT.
1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to make and use copies of the SOFTWARE PRODUCT for the sole purposes of designing, developing, and testing your software product(s) that are designed to operate in conjunction with any Microsoft operating system product. You may install copies of the SOFTWARE PRODUCT on an unlimited number of computers provided that you are the only individual using the SOFTWARE PRODUCT. If you are an entity, Microsoft grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE PRODUCT in the manner provided above.
1.2 Documentation. This EULA grants you, as an individual, a personal, nonexclusive license to make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond the user's premises and with the following exception: you may use documentation identified in the MSDN Library portion of the SOFTWARE PRODUCT as the file format specification for Microsoft Word, Microsoft Excel. Microsoft Access, and/or Microsoft PowerPoint ("File Format Documentation") solely in connection with your development of software product(s) that operate in conjunction with Windows or Windows NT that are not general purpose word processing, spreadsheet, or database management software products or an integrated work or product suite whose components include one or more general purpose word processing, spreadsheet, or database management software products. Note: A product that includes limited word processing, spreadsheet, or database components along with other components that provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general purpose" product.
1.3 Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on computers used by a licensed end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.
1.4 Visual Studio-Effect of EULA. This Section 1.4 also applies if the SOFTWARE PRODUCT is Microsoft Visual Studio, a suite of development tools and other software programs (each such tool or software program, a "Component"). Components that you receive as part of the SOFTWARE PRODUCT may include a separate end-user license agreement each a (“Component EULA"). Except as provided in Section 6, in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.
1.5 Microsoft Internet Explorer. You may make and use copies of the Microsoft Internet Explorer for use on all computers for which you have a validly licensed copy of Microsoft operating system products.
RED1STRIBUTABLE CODE-ADDITIONAL LICENSE RIGHTS. In addition to the rights granted in Section 1, certain portions of the SOFTWARE PRODUCT, as described in this Section 2, are provided to you with additional license rights provided that you comply with the terms of Section 3.1.
2.1 Sample Code. Microsoft grants you the right to use and modify the source code version of those portions of the SOFTWARE PRODUCT identified as "Samples" in REDIST.TXT or elsewhere in the SOFTWARE PRODUCT ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and to reproduce and distribute the Sample Code, along with any modifications thereof, only in object code form.
2.2 Redistributable Code-Standard. Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of any portion of the SOFTWARE PRODUCT listed in REDIST.TXT ("Redistributable Code"). NOTE: certain Redistributable Code may be subject to the restrictions in Section 2.3 if it is also identified as "Limited Use Redistributable Code."
2.3 Redistributable Code-Limited Use Provided that you ALSO comply with the terms of Section 3.1.3, Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code form of those portions of the SOFTWARE PRODUCT listed in REDIST.TXT as Limited Use Redistributable Code ("Limited Use Redistributable Code").
2.4 Visual C++ and Visual Studio-Microsoft Foundation Class s (MFC5emplate Libraries (ATL), and C runtimes (CRTs). If this EULA accompanies Visual C++ or Visual Studio, then in addition to the rights granted in Section 1, Microsoft grants you the right to use and modify the source code version of those portions of the SOFTWARE PRODUCT that are identified as MFC, ATL, or CRTs (collectively, the "VC Redistributables"), for the sole purposes of designing, developing, and testing your software product(s). Provided you comply with Section 3.1 and you rename any files created by you that are included in the Licensed Product (defined below), Microsoft grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the VC Redistributables, including any modifications you make. For purposes of this section, "modifications" shall mean enhancements to the functionality of the VC Redistributables.
2. DISTRIBUTION REQUIREMENTS; LICENSE RESTRICTIONS.
3.1 General. The SOFTWARE PRODUCT may contain up to three categories of redistributable code, any redistribution of which by you requires compliance with the following terms.
3.1.1. Redistributable Code-Standard. If you are authorized and choose to redistribute Sample Code, Redistributable Code, and Limited Use Redistributable Code, (collectively, the "Redistributables") as described in Section 2, you agree to: (a) distribute the Redistributables in object code form and only in conjunction with and as a part of a software application product developed by you using the product accompanying this EULA that adds significant and primary functionality to the SOFTWARE PRODUCT ("Licensed Product"); (b) not use Microsoft's name, logo, or trademarks to market the Licensed Product; (c) include a valid copyright notice on the Licensed Product; (d) indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, inc uclino attorne 's fees, that arise or result from the use or distribution of the Licensed Product; (e) include 'Copyright Microsoft Systems Journal'; in -- all Microsoft Systems Journal (MSJ) code used within your program(s); (f) otherwise comply with the terms of this EULA; and (g) agree that Microsoft reserves all rights not expressly granted. You also agree not to permit further distribution of the Redistributables by your end users except: (1) you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensed Product and you and your distributors comply with all other terms of this EULA; and (2) in the manner described in Section 3.1.2.
3.1.2 Redistributable Code-Extended Use Visual Basic, Visual C++, Visual J++, and Visual Studio. If this EULA accompanies any of the Microsoft products listed in the heading of this subsection, and subject to your compliance with Section 3.1.1, you may permit your end users to reproduce and distribute the object code form of certain portions of the SOFTWARE PRODUCT (as listed in REDIST.TXT as "Extended Use Redistributable Code") only in conjunction with and part of a Licensed Product and/or Web page that adds significant and primary functionality to the Extended Use Redistributable Code. (NOTE: The foregoing license grant does not apply to files designated as Dbgrid.ocx and Graph32.ocx). You are authorized to exercise the foregoing rights provided that:
(a) you comply with Section 3.1.1, and
(b) your end user agrees to: (a) distribute the Extended Use Redistributable Code in object code only in conjunction with and as a part of a software application product developed by them that adds significant and primary functionality to the Extended Use Redistributable Code: (b) not use Microsoft's name, logo, or trademarks to market the End-User Application; (c) include a valid copyright notice on the End-User Application; (d) indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the End-User Application; and (e) not permit further distribution of the Extended Use Redistributable Code by the user of the End-User Application.
3.1.3 Redistributable Code-Limited Use. If you are authorized and choose to redistribute Limited Use Redistributable Code, in addition to the terms of Section 3.1.1, you must also comply with the following (as applicable to the corresponding portions of the SOFTWARE PRODUCT identified in REDIST.TXT as Limited Use Redistributable Code).
3.1.3.1 "Jet" Files. If you redistribute the "Jet Files" (as identified in the SOFTWARE PRODUCT) you agree to comply with the following additional requirements: (a) your Licensed Product shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (b) unless your Licensed Product requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use any of the Jet Files for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. Note: A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general purpose" product.
3.1.3.2 Microsoft Data Access Components. If you redistribute the Microsoft Data Access Component file
identified as MDAC_TYP.EXE, you also agree to redistribute such file in object code only in conjunction with and as a part of a Licensed Product developed by you with a Microsoft development tool product that adds significant and primary functionality to MDAC_TYP.EXE.
4. MICROSOFT WINDOWS NT OPTION PACK COMPONENTS. Notwithstanding anything to the contrary contained in this EULA, solely for those portions of the SOFTWARE PRODUCT identified as the Microsoft Windows NT Option Pack Components, the following provisions apply. Note that your use of the Microsoft Windows NT Option Pack Components is (a) subject to your prior acquisition of a validly licensed copy of certain Microsoft operating system or server products; and (b) all capitalized terms in this Section 4 refer to those terms as defined in the end user-license agreement for the Windows NT Option Pack Component referenced in the respective paragraphs of this Section (all such terms are noted in brackets):
4.1 IF YOU USE THE SOFTWARE COMPONENTS AS PART OF MICROSOFT WINDOWS NT SERVER 4.0, MICROSOFT WINDOWS NT SERVER ENTERPRISE EDITION 4.0 OR MICROSOFT BACKOFFICE 2.5, THE FOLLOWING TERMS APPLY TO YOU: NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR MICROSOFT WINDOWS NT SERVER 4.0, MICROSOFT WINDOWS NT SERVER ENTERPRISE EDITION 4.0, OR MICROSOFT BACKOFFICE 2.5, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE WINDOWS NT SOFTWARE COMPONENTS. FOR PURPOSES OF THIS SECTION 4.1, THE "WINDOWS NT SOFTWARE COMPONENTS" SHALL MEAN THE FOLLOWING SOFTWARE COMPONENTS: MICROSOFT MESSAGE QUEUE SERVER, MICROSOFT TRANSACTION SERVER, MICROSOFT INTERNET INFORMATION SERVER AND THE INTERNET CONNECTION SERVICES FOR MICROSOFT REMOTE ACCESS SERVICE. EVEN IF YOU HAVE A RIGHT TO USE THE WINDOWS NT SOFTWARE COMPONENTS, YOU DO NOT HAVE ANY RIGHT TO INSTALL. COPY OR OTHERWISE USE ANY OF THE OTHER WINDOWS NT OPTION PACK COMPONENTS, UNLESS OTHERWISE PROVIDED IN A DIFFERENT PARAGRAPH OF THIS SECTION.
4.1.1 General. The Windows NT Software Components contain server software and client software which are deemed part of the [Server Software] and [Client Software], respectively, of Microsoft Windows NT Server 4.0 (either as a standalone product or as a component of Microsoft BackOffice) or Microsoft Windows NT Server, Enterprise Edition 4.0, as applicable. If you have a valid license for Microsoft Windows NT Server 4.0, Microsoft Windows NT Server Enterprise Edition 4.0 or Microsoft BackOffice 2.5 (each referred to individually as a ["SOFTWARE PRODUCT"]), you are authorized to use the Windows NT Software Components under the terms and conditions of the EULA applicable to such product, except as set forth herein.
4.1.2 For Microsoft Windows NT Server-Client Access. In addition to the [Client Access] requirements currently set forth in the applicable EULA, you need a separate [Client Access License] for Windows NT Server in order to access or otherwise utilize the following Windows NT Server basic network/application services or [Server Software] components: Microsoft Message Queue Server (sending or receiving messages from Microsoft Message Queue Server), Microsoft Transaction Server (invoking component-based applications managed by Microsoft Transaction Server), and Remote Access Service (accessing the server from a remote location through a communications link). Note: Remote Access Service includes the use of Internet Connection Services, including Internet Authentication Services (validation or transference of a remote access request) or Connection Point Services (remotely configuring the Microsoft Connection Manager Client with new phone numbers or other data). Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either the [Server Software] or [Client Software] for Microsoft Message Queue Server, Microsoft Transaction Server or Microsoft Internet Information Server to any third party without Microsoft's prior written approval. Installation on a Single [Server]. The [Server Software] components that make up the applicable [SOFTWARE PRODUCT] may only be installed together for use on one [Server] and may not be separated, unless otherwise provided herein. Note on Microsoft Site Server Express. You may freely copy and distribute Microsoft Site Server Express for your use on any computer within your organization.
4.1.3 For Microsoft Internet Information Server-Use. Notwithstanding anything to the contrary contained in the applicable EULA, you do not need a separate [Client Access License] to access or otherwise utilize the services of Microsoft Internet Information Server, except to the extent that a [Server] or [Server Software] component which requires a [Client Access License] is accessed or utilized by Microsoft Internet Information Server.
4.1.4 Additional Rights and Restrictions. You also have the right to make additional copies of the Windows NT Software Components equal to the number of validly licensed copies of each [SOFTWARE PRODUCT] which you have, and you may use each copy in the manner specified above. If you do not have a valid license for Microsoft Windows NT Server 4.0, Microsoft Windows NT Server Enterprise Edition 4.0 or Microsoft BackOffice 2.5, you have no rights under the foregoing section.
4.2 IF YOU USE THE SOFTWARE COMPONENTS AS PART OF MICROSOFT WINDOWS NT WORKSTATION 4.0, THE FOLLOWING TERMS APPLY TO YOU:
NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR MICROSOFT WINDOWS NT WORKSTATION 4.0, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE WINDOWS NT WORKSTATION SOFTWARE COMPONENTS. FOR PURPOSES OF THIS SECTION 4.2, THE "WINDOWS NT WORKSTATION SOFTWARE COMPONENTS" SHALL MEAN THE FOLLOWING SOFTWARE COMPONENTS: MICROSOFT TRANSACTION SERVER AND MICROSOFT PERSONAL WEB SERVER. EVEN IF YOU HAVE A RIGHT TO USE THE WINDOWS NT WORKSTATION SOFTWARE COMPONENTS, YOU DO NOT HAVE ANY RIGHT TO INSTALL. COPY OR USE ANY OF THE OTHER SOFTWARE COMPONENTS, UNLESS OTHERWISE PROVIDED IN A DIFFERENT PARAGRAPH OF THIS SECTION.
4.2.1 General. The Windows NT Workstation Software Components are deemed part of Microsoft Windows NT Workstation 4.0 (the ["SOFTWARE PRODUCT"]), and are therefore subject to the terms and conditions of its EULA. except as otherwise provided herein. Use Limitation. At any point in time only a maximum of two (2) computers (instead of ten (10) are permitted to use the services of the Microsoft Transaction Server component. The two (2) computer maximum includes any indirect uses made through software or hardware which pools or aggregates uses. Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either of the Windows NT Workstation Software Components to any third party without Microsoft's prior written approval.
4.2.2 Additional Rights and Restrictions. You also have the right to make additional copies of the Windows NT Workstation Software Components equal to the number of validly licensed copies of Microsoft Windows NT Workstation 4.0 which you have. and you may use each copy in the manner specified above. If you do not have a valid license for Microsoft Windows NT Workstation 4.0, you have no rights under the foregoing section.
4.3 IF YOU USE THE SOFTWARE COMPONENTS AS PART OF MICROSOFT BACKOFFICE SMALL BUSINESS SERVER 4.0, THE FOLLOWING TERMS APPLY TO YOU: NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR MICROSOFT BACKOFFICE SMALL BUSINESS SERVER 4.0, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE WINDOWS NT SOFTWARE COMPONENTS (AS DEFINED PREVIOUSLY IN SECTION 4.1). EVEN IF YOU HAVE THE RIGHT TO USE THE WINDOWS NT SOFTWARE COMPONENTS, YOU DO NOT HAVE ANY RIGHT TO INSTALL, COPY OR OTHERWISE USE ANY OF THE OTHER SOFTWARE COMPONENTS, UNLESS OTHERWISE PROVIDED IN A DIFFERENT PARAGRAPH OF THIS SECTION.
4.3.1 General. The Windows NT Software Components contain server software and client software which is deemed part of the [Server Software] and [Client Software], respectively, of Microsoft BackOffice Small Business Server 4.0, and is therefore subject to the terms and conditions of its EULA, except as otherwise provided herein. Note on Microsoft Site Server Express. You may freely copy and distribute Microsoft Site Server Express for your use on any computer within your organization.
4.3.2 Additional Rights and Restrictions. You also have the right to make additional copies of the Windows NT Software Components equal to the number of validly licensed copies of Microsoft BackOffice Small Business Server 4.0 which you have, and you may use each copy in the manner specified above. If you do not have a valid license for Microsoft BackOffice Small Business Server 4.0, you have no rights under the foregoing section.
4.4 IF YOU USE THE SOFTWARE COMPONENTS AS PART OF MICROSOFT WINDOWS 95, THE FOLLOWING TERMS APPLY TO YOU: NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR MICROSOFT WINDOWS 95, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE WINDOWS 95 SOFTWARE COMPONENTS. FOR PURPOSES OF THIS SECTION 4.4, THE "WINDOWS 95 SOFTWARE COMPONENTS" SHALL MEAN THE FOLLOWING SOFTWARE COMPONENTS: MICROSOFT PERSONAL WEB SERVER AND MICROSOFT TRANSACTION SERVER FOR WINDOWS 95. EVEN IF YOU HAVE A RIGHT TO USE THE WINDOWS 95 SOFTWARE COMPONENTS, YOU DO NOT HAVE ANY RIGHT TO INSTALL, COPY OR USE ANY OF THE OTHER SOFTWARE COMPONENTS, UNLESS OTHERWISE PROVIDED IN A DIFFERENT PARAGRAPH OF THIS SECTION.
4.4.1 General. The Windows 95 Software Components are deemed part of Microsoft Windows 95 (the ["SOFTWARE PRODUCT"]), and are therefore subject to the terms and conditions of its EULA, except as otherwise provided herein.
4.4.2 Use Limitation. At any point in time, a maximum of ten (10) computers are permitted to use the services of the Microsoft Personal Web Server component. The ten (10) computer maximum includes any indirect uses made through software or hardware which pools or aggregates uses. The Microsoft Transaction Server for Windows 95 component may not be used as a network server: that is, no computers or workstations may access or utilize any network services of that component. Performance or Benchmark Testing. You may not disclose the results of any benchmark test of either of the Windows 95 Software Components to any third party without Microsoft's prior written approval.
4.4.3 Additional Rights and Restrictions. You also have the right to make additional copies of the Windows 95 Software Components equal to the number of validly licensed copies of Microsoft Windows 95 which you have, and you may use each copy in the manner specified above. If you do not have a valid license for Microsoft Windows 95, you have no rights under the foregoing section.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
5.1 Not For Resale Software. If the SOFTWARE PRODUCT is labeled "Not For Resale" or "NFR," then you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.
5.2 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5.3 Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
5.4 Trademarks. This EULA does not grant you any rights in connection with any trademarks or service marks of Microsoft.
5.5 Support Services. Microsoft may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the Microsoft policies and programs described in the user manual, in "online" documentation and/or in other Microsoft-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Microsoft as part of the Support Services, Microsoft may use such information for its business purposes, including for product support and development. Microsoft will not utilize such technical information in a form that personally identifies you.
5.6 Software Transfer. The initial user of the SOFTWARE PRODUCT may make a one-time permanent transfer of this EULA and SOFTWARE PRODUCT only directly to an end user. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this\ EULA. and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE PRODUCT,
5.7 Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its
component parts may not be separated for use by more than one user.
5.8 Termination. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
6. PRERELEASE CODE. Portions of the SOFTWARE PRODUCT may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
7. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Microsoft as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
8. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Microsoft or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Microsoft.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(I)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 58 CFR 52.227-19, as applicable. Manufacturer is Microsoft Corporation/One Microsoft Way/Redmond, WA 98052-6399.
10. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT, any part thereof, or any process or service that is the direct product of the SOFTWARE PRODUCT (the foregoing collectively referred to as the "Restricted Components"), to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree not to export or re-export any of the Restricted Components (i) to any country to which the U.S. has embargoed or restricted the export of aoods or services, which currently include, but are not necessarily limited to Cuba. Iran, Iraq, Libya, North Korea, Sudan and Syria, or to any national of any such country, wherever located, who intends to transmit or transport the Restricted Components back to such country: (ii) to any end-user who you know or have reason to know will utilize the Restricted Components in the design. development or production of nuclear, chemical or biological weapons: or (iii) to any end-user who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. You warrant and represent that neither the BXA nor any other U.S. federal agency has suspended, revoked. or denied your export privileges.
11. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT CONTAINS SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT rN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATIONS SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
12. MISCELLANEOUS If you acquired this product in the United States, this EULA is governed by the laws of the State of Washington.
If you acquired this product in Canada, this EULA is governed by the laws of the Province of Ontario, Canada. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario and further agrees to commence any litigation which may arise hereunder in the courts located in the Judicial District of York, Province of Ontario.
If this product was acquired outside the United States, then local law may apply.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please contact Microsoft, or write: Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399.
LIMITED WARRANTY
LIMITED WARRANTY. Except with respect to the REDISTRIBUTABLES, which are provided "as is," without warranty of any kind. Microsoft warrants that (a) the SOFTWARE PRODUCT will pelf°, substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft, and Microsoft support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
CUSTOMER REMEDIES. Microsoft's and its suppliers' entire liability and your exclusive remedy shall be, at Microsoft's option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Microsoft's Limited Warranty and that is returned to Microsoft with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source.
EITHER EXPRESS OR IMPLIED, INCLUDING. BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MICROSOFT'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A MICROSOFT SUPPORT SERVICES AGREEMENT, MICROSOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(h) Progress OpenEdge v11.6 may incorporate MS Visual C++ 2010 Redistributable Package (x64) v2010 and MS Visual C++ 2010 Redistributable Package (x86) v2010 licensed from Microsoft Corporation. This technology is subject to the following terms and conditions: MICROSOFT SOFTWARE LICENSE TERMS
MICROSOFT VISUAL STUDIO 2010 PROFESSIONAL AND TRIAL EDITION
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. INSTEAD, RETURN IT TO THE RETAILER FOR A REFUND OR CREDIT. If you cannot obtain a refund there, contact Microsoft or the Microsoft affiliate serving your country for information about Microsoft’s refund policies. See www.microsoft.com/worldwide. In the United States and Canada, call (800) MICROSOFT or see
www.microsoft.com/info/nareturns.htm. AS DESCRIBED BELOW, USING SOME FEATURES ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN STANDARD COMPUTER INFORMATION FOR INTERNET-BASED SERVICES. TRIAL USE RIGHTS and CONVERSION for Visual Studio 2010 Professional Trial Edition. If the software is a trial edition, then this Section applies to you. You may install and use any number of copies of the trial software on your devices. You may only use the trial software for internal evaluation purposes. For example, your trial rights do not include the right to deploy or distribute any programs you design or develop with the software for use in a production environment, except that you may deploy your programs internally solely to evaluate the software. You may convert your trial rights at any time to the full rights described in the rest of these license terms by purchasing a commercial license and obtaining a product key from Microsoft or one of its distributors. Your rights to use the trial software are limited to ninety (90) days. The trial software will present conversion options to you thirty (30) days after you install the trial software. At that time you may either request an additional 60-day trial period extension or purchase a commercial license to continue using the software. After the expiration of the 90-day trial period, without conversion, the trial software will stop running.
· Sections 1-3, 10 - 13, 15, 16, 19 and Limited Warranty do not apply. The remaining sections below apply.
· Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
· Because this software is “as is,” we may not provide support services for it.
· Limitation on and Exclusion of Remedies and Damages. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. When you acquire the retail license of the software named above, all of the license terms below apply. IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.
1. OVERVIEW.
a. Software. The software includes development tools, software programs and documentation.
b. License Model. The software is licensed on a per user basis.
2. INSTALLATION AND USE RIGHTS.
a. General. One user may install and use copies of the software to design, develop, test and demonstrate your programs. You may not use the software on a server in a production environment.
b. Included Microsoft Programs. The software contains other Microsoft programs. These license terms apply to your use of those programs, except for those Microsoft programs identified in Sections 6, 7 and 8 which are governed by their own license terms.
c. Third Party Programs. The software contains third party programs. If other terms come with those third party programs, those terms determine your rights to use it and any other related rights or remedies you have.
d. Product Keys. The software requires a key to install or access it. You are responsible for the use of keys assigned to you. You should not share the keys with third parties.
3. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. User Testing. Your end users may access the software to perform acceptance tests on your programs.
b. Microsoft Office User Interface. These license terms grant you no rights to make, copy, use or distribute any elements of the Microsoft Office user interface such as the ribbon and quick access toolbar, the license terms for which are available separately. To learn more about the Office user interface licensing program, please visit http://msdn.microsoft.com/officeui.
c. Utilities. The software contains certain components that are identified in the Utilities List located at http://go.microsoft.com/fwlink/?LinkId=165518. Depending on the specific edition of the software, the number of Utility files you receive with the software may not be equal to the number of Utilities listed in the Utilities List. You may copy and install the Utilities you receive with the software on to other machines, and these Utilities may only be used to debug and deploy your programs and databases you have developed with the software. You must delete all the Utilities installed onto a machine within the earlier of (i) when you have finished debugging or deploying your programs; or (ii) thirty (30) days after installation of the Utilities onto that machine.
d. BUILDSERVER.TXT File. If your version of the software contains a BUILDSERVER.TXT file you may install copies of the files listed in it, onto your build machines, solely for the purpose of compiling and building your programs. We may list additional files at
http://go.microsoft.com/fwlink/?LinkId=165518 to use for this same purpose.
e. Distributable Code. The software contains code that you are permitted to distribute or deploy in programs you develop if you comply with the terms below.
i. Right to Use and Distribute. The code and text files listed below are “Distributable Code.”
· REDIST.TXT Files. You may copy and distribute the object code form of code listed in REDIST.TXT files, plus any files listed on the REDIST list located at: http://go.microsoft.com/fwlink/?LinkId=165518
· Sample Code. You may modify, copy, and distribute the source and object code form of code marked as “sample.”
· Silverlight Libraries. You may copy and distribute the object code form of code marked as “Silverlight Libraries”, Silverlight “Client Libraries” and Silverlight “Server Libraries.”
· Microsoft Merge Modules. You may copy and distribute the unmodified output of Microsoft Merge Modules.
· Image Library. You may copy and distribute images and animations in the Image Library as described in the software documentation. You may also modify that content.
If you modify the content, it must be for use that is consistent with the permitted use of the unmodified content.
· Third Party Distribution. You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you must
· add significant primary functionality to it in your programs;
· for any Distributable Code having a filename extension of .lib, distribute only the results of running such Distributable Code through a linker with your program;
· distribute Distributable Code included in a setup program only as part of that setup program without modification;
· require distributors and external end users to agree to terms that protect it at least as much as this agreement;
· display your valid copyright notice on your programs; and
· indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
· alter any copyright, trademark or patent notice in the Distributable Code;
· use Microsoft’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft;
· distribute Distributable Code to run on a platform other than Microsoft operating systems, run-time technologies or application platforms;
· include Distributable Code in malicious, deceptive or unlawful programs; or
· modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
· the code be disclosed or distributed in source code form; or
· others have the right to modify it.
4. INTERNET-BASED SERVICES. Microsoft provides Internet-based services with the software. It may change or cancel them at any time.
a. Consent for Internet-Based Services. The software features described below connect to Microsoft or service provider computer systems over the Internet. In some cases, you will not receive a separate notice when they connect. BY USING THESE FEATURES, YOU CONSENT TO THE TRANSMISSION OF THIS INFORMATION. Microsoft does not use the information to identify or contact you.
Computer Information. The following features use Internet protocols, which send to the appropriate systems computer information, such as your Internet protocol address, the type of operating system, browser and name and version of the software you are using, and the language code of the device where you installed the software. Microsoft uses this information to make the Internet-based services available to you.
· Web Content Features. Features in the software can retrieve related content from Microsoft and provide it to you. To provide the content, these features send to Microsoft the type of operating system, name and version of the software you are using, type of browser and language code of the device where you installed the software. Examples of these features are clip art, templates, online training, online assistance and Appshelp. You may choose not to use these web content features.
· Extension Manager. The Extension Manager can retrieve other software through the internet from the Visual Studio Gallery website. To provide this other software, the Extension Manager sends to Microsoft the name and version of the software you are using and language code of the device where you installed the software. This other software is provided by third parties to Visual Studio Gallery. It is licensed to users under terms provided by the third parties, not from Microsoft. Read the Visual Studio Gallery terms of use for more information.
· Real Simple Syndication (“RSS”) Feed. This software start page contains updated content that is supplied by means of an RSS feed online from Microsoft.
b. Misuse of Internet-based Services. You may not use these services in any way that could harm them or impair anyone else’s use of them. You may not use the services to try to gain unauthorized access to any service, data, account or network by any means.
5. SILVERLIGHT 3 AND SILVERLIGHT 3 SOFTWARE DEVELOPMENT KIT
INTERNET-BASED SERVICES. Microsoft provides Internet-based services with Silverlight. It may change or cancel them at any time.
a. Automatic Updates. Silverlight contains an Automatic Update feature that is on by default. For more information about this feature, including instructions for to turning it off, see http://go.microsoft.com/fwlink/?LinkId=147032. You may turn off this feature while Silverlight 3 is running (“opt out”). Unless you expressly opt out of this feature, this feature will (a) connect to Microsoft or service provider computer systems over the Internet, (b) use Internet protocols to send to the appropriate systems standard computer information, such as your computer’s Internet protocol address, the type of operating system, browser and name and version of Silverlight you are using, and the language code of the device where you installed Silverlight, and (c) automatically download and install, or prompt you to download and/or install, current Updates to Silverlight. In some cases, you will not receive a separate notice before this feature takes effect. By installing the software, you consent to the transmission of standard computer information and the automatic downloading and installation of Updates.
b. Microsoft Digital Rights Management. If you use Silverlight to access content that has been protected with Microsoft Digital Rights Management (DRM), in order to let you play the content, the software may automatically request media usage rights from a rights server on the Internet and download and install available DRM Updates. For more information, see http://go.microsoft.com/fwlink/?LinkId=147032.
c. NOTICE ABOUT THE H.264/AVC VISUAL STANDARD, AND THE VC-1 VIDEO STANDARD. Silverlight may include H.264/MPEG-4 AVC and/or VC-1decoding technology. MPEG LA, L.L.C. requires this notice: THIS PRODUCT IS LICENSED UNDER THE AVC AND THE VC-1 PATENT PORTFOLIO LICENSES FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (A) ENCODE VIDEO IN COMPLIANCE WITH THE ABOVE STANDARDS (“VIDEO STANDARDS”) AND/OR (B) DECODE AVC AND VC-1 VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE SUCH VIDEO. NONE OF THE LICENSES EXTEND TO ANY OTHER PRODUCT REGARDLESS OF WHETHER SUCH PRODUCT IS INCLUDED WITH THIS SOFTWARE IN A SINGLE ARTICLE. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE HTTP://WWW.MPEGLA.COM . For clarification purposes only, the Notice in this Section does not limit or inhibit the use of the software provided under this agreement for normal business uses that are personal to that business which do not include (i) redistribution of the software to third parties, or (ii) creation of content with the VIDEO STANDARDS compliant technologies for distribution to third parties.
6. LICENSE TERMS FOR MICROSOFT SQL SERVER SOFTWARE COMPONENTS. The software is accompanied by Microsoft SQL Server software components, which are licensed to you under the terms of the respective SQL Server licenses located in the “Licenses” folder in the following installation directory: ..\Program Files\Microsoft Visual Studio 2010\Licenses.
7. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.
MICROSOFT .NET FRAMEWORK BENCHMARK TESTING. The software includes one or more components of the .NET Framework (“.NET Components”). You may conduct internal benchmark testing of those components. You may disclose the results of any benchmark test of those components, provided that you comply with the conditions set forth at
http://go.microsoft.com/fwlink/?LinkID=66406. Notwithstanding any other agreement you may have with Microsoft, if you disclose such benchmark test results, Microsoft shall have the right to disclose the results of benchmark tests it conducts of your products that compete with the applicable .NET Component, provided it complies with the same conditions set forth at http://go.microsoft.com/fwlink/?LinkID=66406.
8. OTHER WINDOWS COMPONENTS. The software contains certain .dll’s related to Microsoft Build and Microsoft Web Deploy technologies. These files are part of Windows. The license terms for Windows apply to your use of these .dll’s.
9. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. For more information, see www.microsoft.com/licensing/userights. You may not
· work around any technical limitations in the software;
· reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease or lend the software; or
· use the software for commercial software hosting services.
Rights to access the software on any device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in software or devices that access that device.
10. BACKUP COPY. You may make one backup copy of the software. You may use it only to reinstall the software.
11. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.
12. NOT FOR RESALE SOFTWARE. You may not sell software marked as “NFR” or “Not for Resale.”
13. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it, and this agreement, directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.
14. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
15. SUPPORT SERVICES. Microsoft provides support services for the software as described at
www.support.microsoft.com/common/international.aspx. Such support will be subject to the
following clarification related to jQuery and jQuery Validation. The software may contain the jQuery javascript library and the jQuery validation javascript library, which is licensed under the MIT License. For a copy of that license please see www.opensource.org/licenses/mit-license.php. We do not claim to “own” jQuery or jQuery Validation. While we offer our regular support options for the rest of the Microsoft software, the support we offer for jQuery and jQuery Validation will be as follows:
· Support is for the particular jQuery and jQuery Validation code that is included in the software, and only for requests from users of the software.
· We will take in customer inquiries. We will, at our option, submit bug fixes to the jQuery or jQuery Validation team on behalf of our customers.
· Support does not include feature requests. For feature requests, we will direct you to contact the jQuery or jQuery Validation team directly.
· Support does not include distribution of fixes broadly, such as via a Service Level Agreement. We may, however, provide targeted fixes to our customers on a case-by-case basis or suggest a fix so that customers can apply it at their own discretion.
· If jQuery or jQuery Validation is discontinued as an ongoing project, then our ability to support it will also need to end at that time. We may also choose to discontinue this support for any other reason.
16. ENTIRE AGREEMENT. This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
17. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
18. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.
19. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.It also applies even if
· repair, replacement or a refund for the software does not fully compensate you for any losses; or
· Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
*************************************************************************
LIMITED WARRANTY
A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software.
B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.
F. WARRANTY PROCEDURES. You need proof of purchase for warranty service.
1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at
· (800) MICROSOFT;
· Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or
· visit www.microsoft.com/info/nareturns.htm.
2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either
· Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block
B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or
· the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide).
G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.
H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
Contents of REDIST.txt file for MS Visual C++ 2010 Redistributable Package (x64) v2010 and MS Visual C++ 2010 Redistributable Package (x86) v2010:
The following list is a list of files available with Microsoft Visual Studio 2010 for redistribution under the Visual Studio 2010 license. If the Microsoft software you have licensed is not Visual Studio 2010, only the files that are installed by the Microsoft software may be redistributed under such license.
_____________________________________________________________
Visual Basic PowerPacks
Subject to the license terms for the software, the following file may be redistributed unmodified:
VisualBasicPowerPacksSetup.exe
_____________________________________________________________
Visual C++ Runtime files
Subject to the license terms for the software, you may redistribute the .EXE files (unmodified) listed below.
These files can be run as prerequisites during installation.
vcredist_x86.exe
vcredist_x64.exe
vcredist_IA64.exe
Subject to the license terms for the software, you may redistribute MSM files listed below unmodified as a part of your installation package:
Microsoft_VC100_ATL_x86.msm
Microsoft_VC100_ATL_ia64.msm
Microsoft_VC100_ATL_x64.msm
Microsoft_VC100_CRT_x86.msm
Microsoft_VC100_CRT_ia64.msm
Microsoft_VC100_CRT_x64.msm
Microsoft_VC100_MFC_x86.msm
Microsoft_VC100_MFC_x64.msm
Microsoft_VC100_MFCLOC_x86.msm
Microsoft_VC100_MFCLOC_x64.msm
Microsoft_VC100_OpenMP_x86.msm
Microsoft_VC100_OpenMP_ia64.msm
Microsoft_VC100_OpenMP_x64.msm
For your convenience, we have provided the following folders for use when redistributing VC++ runtime files. Subject to the license terms for the software, you may redistribute the folder (unmodified) in the application local folder as a sub-folder with no change to the folder name. You may also redistribute all the files within a folder, listed below the folder for your convenience, as an entire set.
\VC\redist\x86\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\ia64\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\amd64\Microsoft.VC100.ATL\
atl100.dll
\VC\redist\x86\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\ia64\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\amd64\Microsoft.VC100.CRT\
msvcp100.dll
msvcr100.dll
\VC\redist\x86\Microsoft.VC100.MFC\
mfc100.dll
mfc100u.dll
mfcm100.dll
mfcm100u.dll
\VC\redist\amd64\Microsoft.VC100.MFC\
mfc100.dll
mfc100u.dll
mfcm100.dll
mfcm100u.dll
\VC\redist\x86\Microsoft.VC100.MFCLOC\
mfc100chs.dll
mfc100cht.dll
mfc100enu.dll
mfc100esp.dll
mfc100deu.dll
mfc100fra.dll
mfc100ita.dll
mfc100jpn.dll
mfc100kor.dll
mfc100rus.dll
\VC\redist\amd64\Microsoft.VC100.MFCLOC\
mfc100chs.dll
mfc100cht.dll
mfc100enu.dll
mfc100esp.dll
mfc100deu.dll
mfc100fra.dll
mfc100ita.dll
mfc100jpn.dll
mfc100kor.dll
mfc100rus.dll
\VC\redist\x86\Microsoft.VC100.OpenMP\
vcomp100.dll
\VC\redist\amd64\Microsoft.VC100.OpenMP\
vcomp100.dll
\VC\redist\ia64\Microsoft.VC100.OpenMP\
vcomp100.dll
Subject to the license terms for the software, the following files can be redistributed with your application in your application local folder or by deploying into the Global Assembly Cache (GAC):
mfcmifc80.dll
Subject to the license terms of the software, one or more of the *.*.pdb files listed below may be redistributed for the sole purpose of debugging your applications.
atl100.i386.pdb
atl100.AMD64.pdb
atl100.IA64.pdb
msvcp100.i386.pdb
msvcp100.AMD64.pdb
msvcp100.IA64.pdb
msvcr100.i386.pdb
msvcr100.AMD64.pdb
msvcr100.IA64.pdb
mfc100.i386.pdb
mfc100.AMD64.pdb
mfc100u.i386.pdb
mfc100u.AMD64.pdb
mfcm100.i386.pdb
mfcm100.AMD64.pdb
mfcm100u.i386.pdb
mfcm100u.AMD64.pdb
vcomp100.i386.pdb
vcomp100.AMD64.pdb
vcomp100.IA64.pdb
_____________________________________________________________
Visual F# Runtime Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
FSharpRedist.exe
FSharp.Core.dll
_____________________________________________________________
.NET Framework 4
Subject to the license terms for the software, the following .EXE files may be redistributed unmodified:
dotNetFx40_Client_x86_x64.exe
dotNetFx40_Full_x86_x64.exe
dotNetFx40_Client_x86.exe
dotNetFx40_Full_x86.exe
dotNetFx40_Full_x86_ia64.exe
dotNetFx40_Client_setup.exe
dotNetFx40_Full_setup.exe
Please note that the last 5 files listed above are not included with the software. You can obtain copies of those files from http://go.microsoft.com/fwlink/?LinkId=185911.
Please note that the Language Packs listed below are not included with the software. However, you may redistribute, unmodified, the individual language pack versions of the following files: You may obtain copies of those files from http://go.microsoft.com/fwlink/?LinkId=185911.
dotNetFx40LP_Full_x86_x64.exe
dotNetFx40LP_Full_x86_ia64.exe
dotNetFx40LP_Full_x86.exe
dotNetFx40LP_Client_x86_x64.exe
dotNetFx40LP_Client_x86.exe
Note: represents the specific language identifier. Language Packs are available for the following (listed here with their associated identifier code):
Arabic (ar), Chinese-Taiwan (zh-cht), Czech (cs), Danish (da), German (de), Greek (el), Finnish (fi), French (fr), Hebrew (he), Hungarian (hu), Italian (it), Japanese (ja), Korean (ko), Dutch-Netherlands (nl), Norwegian (no), Polish (pl), Portuguese-Brazil (pt-BR), Russian (ru), Swedish (sv), Turkish (tr), Chinese (zh-chs), Portuguese-Portugal (pt-PT), Spanish (es)
_____________________________________________________________
Visual Studio Tools for Office Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
vstor40_x86.exe
vstor40_x86.msi
vstor40_x64.exe
vstor40_x64.msi
vstor40_lp_x86_ARA.msi
vstor40_lp_x64_ARA.msi
vstor40_lp_x86_CHS.msi
vstor40_lp_x64_CHS.msi
vstor40_lp_x86_CHT.msi
vstor40_lp_x64_CHT.msi
vstor40_lp_x86_DAN.msi
vstor40_lp_x64_DAN.msi
vstor40_lp_x86_DEU.msi
vstor40_lp_x64_DEU.msi
vstor40_lp_x86_ESN.msi
vstor40_lp_x64_ESN.msi
vstor40_lp_x86_FIN.msi
vstor40_lp_x64_FIN.msi
vstor40_lp_x86_FRA.msi
vstor40_lp_x64_FRA.msi
vstor40_lp_x86_HEB.msi
vstor40_lp_x64_HEB.msi
vstor40_lp_x86_ITA.msi
vstor40_lp_x64_ITA.msi
vstor40_lp_x86_JPN.msi
vstor40_lp_x64_JPN.msi
vstor40_lp_x86_KOR.msi
vstor40_lp_x64_KOR.msi
vstor40_lp_x86_NLD.msi
vstor40_lp_x64_NLD.msi
vstor40_lp_x86_NOR.msi
vstor40_lp_x64_NOR.msi
vstor40_lp_x86_PLK.msi
vstor40_lp_x64_PLK.msi
vstor40_lp_x86_PTB.msi
vstor40_lp_x64_PTB.msi
vstor40_lp_x86_RUS.msi
vstor40_lp_x64_RUS.msi
vstor40_lp_x86_SVE.msi
vstor40_lp_x64_SVE.msi
_____________________________________________________________
Microsoft Office 2007 Primary Interop Assemblies (PIA)
Subject to the license terms for the software, the following files may be redistributed unmodified:
o2007pia.msi
_____________________________________________________________
Windows SDK Files
Subject to the license terms for the software, the following files may be redistributed unmodified:
Mage.exe
MageUI.exe
ResGen.exe
_____________________________________________________________
(i) Progress OpenEdge v11.6 may incorporate MSDN - modified Examples v March 2006 licensed from Microsoft Corporation. Such technology is subject to the following terms and conditions: IMPORTANT—READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, “online” or electronic documentation, and Internet-based services (“Software”). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.
1. GRANT OF LICENSE. Microsoft grants you the following rights provided that you comply with all terms and conditions of this EULA:
1.1 Microsoft grants you a personal, nonexclusive, royalty-free license to install and use the Software for design, development, and testing purposes. You may install and use the Software on an unlimited number of computers so long as you are the only individual using the Software.
1.2 Solely with respect to the sample source code contained in the Software (“MS Samples”), Microsoft also grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the MS Samples for the sole purposes of designing, developing, and testing your software product(s), and (b) to reproduce and distribute the MS Samples, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for MS Samples, see Section 2 below.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 If you choose to redistribute the MS Samples, you agree: (i) to distribute the MS Samples only as a part of a software application product developed by you (“Licensee Software”); (ii) not to use Microsoft’s name, logo, or trademarks to market the Licensee Software; (iii) to display your own valid copyright notice which shall be sufficient to protect Microsoft’s copyright in the MS Samples; (iv) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Licensee Software; (v) not to permit further distribution of the MS Samples by your end users; and (vi) that Microsoft reserves all rights not expressly granted.
2.2 If you use the MS Samples, then the following also applies. Your license rights to the MS Samples are conditioned upon your (i) not incorporating Identified Software into, or combining Identified Software with, the MS Samples or a derivative work thereof; and (ii) not distributing Identified Software in conjunction with the MS Samples or a derivative work thereof. “Identified Software” means software which is licensed pursuant to terms that directly or indirectly (A) create, or purport to create, obligations for Microsoft with respect to the MS Samples or derivative work thereof or (B) grant, or purport to grant, to any third party any rights or immunities under Microsoft’s intellectual property or proprietary rights in the MS Samples or derivative work thereof. Identified Software includes, without limitation, any software that requires as a condition of its use, modification and/or distribution, that any other software incorporated into, derived from or distributed with such software must also be (1) disclosed or distributed in source code form; (2) licensed for the purpose of making derivative works; or (3) redistributable at no charge.
3. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
5. SUPPORT SERVICES. No technical support will be provided for the Software.
6. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
8. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
9. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see .
10. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
11. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
12. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE TO YOU THE SOFTWARE, AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS; AND MICROSOFT AND ITS SUPPLIERS HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATON, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS SUPPLEMENTAL EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR U.S.$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
15. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the Eurpean Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
16. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Si vous avez acquis votre logiciel Microsoft au CANADA :
DÉNI DE GARANTIES. Dans la mesure maximale permise par les lois applicables, le Logiciel et les services de soutien technique (le cas échéant) sont fournis TELS QUELS ET AVEC TOUS LES DÉFAUTS par Microsoft et ses fournisseurs, lesquels par les présentes dénient toutes autres garanties et conditions expresses, implicites ou en vertu de la loi, notamment, mais sans limitation, (le cas échéant) les garanties, devoirs ou conditions implicites de qualité marchande, d’adaptation ŕ une fin usage particuličere, de fiabilité ou de disponibilité, d’exactitude ou d’exhaustivité des réponses, des résultats, des efforts déployés selon les rčgles de l’art, d’absence de virus et d’absence de négligence, le tout ŕ l’égard du Logiciel et de la prestation des services de soutien technique ou de l’omission de la ’une telle prestation des services de soutien technique ou ŕ l’égard de la fourniture ou de l’omission de la fourniture de tous autres services, renseignements, logiciels, et contenu qui s’y rapporte grâce au Logiciel ou provenant autrement de l’utilisation du Logiciel . PAR AILLEURS, IL N’Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, Ŕ LA JOUISSANCE OU LA POSSESSION PAISIBLE, Ŕ LA CONCORDANCE Ŕ UNE DESCRIPTION NI QUANT Ŕ UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES Ŕ L’ÉGARD DU MANQUE Ŕ GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D’EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L’OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D’AGIR DE BONNE FOI OU D’EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIČRE QUE CE SOIT Ŕ L’UTILISATION DU LOGICIEL OU Ŕ L’INCAPACITÉ DE S’EN SERVIR, Ŕ LA PRESTATION OU Ŕ L’OMISSION DE LA ’UNE TELLE PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU Ŕ LA FOURNITURE OU Ŕ L’OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S’Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L’UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA U PRÉSENTE CONVENTION EULA OU RELATIVEMENT Ŕ UNE TELLE DISPOSITION, MĘME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MĘME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ ’OBLIGATION INTÉGRALE DE MICROSOFT ET DE L’UN OU L’AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DEU LA PRÉSENTE CONVENTION EULA ET VOTRE RECOURS EXCLUSIF Ŕ L’ÉGARD DE TOUT CE QUI PRÉCČDE SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCČDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S’APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MĘME SI TOUT RECOURS N’ATTEINT PAS SON BUT ESSENTIEL.
Ŕ moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d’Ontario, Canada. Vous consentez Chacune des parties ŕ la présente reconnaît irrévocablement ŕ la compétence des tribunaux fédéraux et provinciaux siégeant ŕ Toronto, dans de la province d’Ontario et consent ŕ instituer tout litige qui pourrait découler de la présente auprčs des tribunaux situés dans le district judiciaire de York, province d’Ontario.
Au cas oů vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l’information contenue dans le Logiciel pour contacter la filiale de succursale Microsoft desservant votre pays, dont l’adresse est fournie dans ce produit, ou visitez écrivez ŕ : Microsoft sur le World Wide Web ŕ http://www.microsoft.comSales Information Center, One Microsoft Way, Redmond, Washington 98052-6399.
(17) MIT-style Licenses:
(a) Progress OpenEdge v11.6 may incorporate Bouncy Castle v1.1 (spec version) from The Legion Of The Bouncy Castle. Such technology is subject to the following terms and conditions: Copyright (c) 2000 - 2009 The Legion Of The Bouncy Castle (http://www.bouncycastle.org) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(b) Progress OpenEdge v11.6 may incorporate Bouncy Castle v2.14.1 release 1.36 from The Legion Of The Bouncy Castle. Such technology is subject to the following terms and conditions: Copyright (c) 2000-2006 The Legion Of The Bouncy Castle (http://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(c) Progress OpenEdge v11.6 may incorporate the JSON Library v0.1 and JSON Library v0.0.1 from JSON.org. Such technology is subject to the following terms and conditions: Copyright (c) 2002 JSON.org Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The Software shall be used for Good, not Evil. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(d) Progress OpenEdge v11.6 may incorporate slf4j v1.7.5 (as part of Progress 1PAdapters v1.5.4 and Progress AppServer (PAS) Core v1.2.4). Such technology is subject to the following terms and conditions: Copyright (c) 2004-2013 QOS.ch All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(e) Progress OpenEdge v11.6 may incorporate CIDRUtils from Edin Dazdarevic. Such technology is subject to the following terms and conditions: The MIT License - Copyright (c) 2013 Edin Dazdarevic (edin.dazdarevic@gmail.com)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(f) Progress OpenEdge v11.6 may incorporate JQuery v1.11.2. Such technology is subject to the following terms and conditions:
Copyright jQuery Foundation and other contributors, https://jquery.org/
This software consists of voluntary contributions made by many individuals. For exact contribution history, see the revision history available at https://github.com/jquery/jquery
The following license applies to all parts of this software except as documented below:
====
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
====
All files located in the node_modules and external directories are externally maintained libraries used by this software which have their own licenses; we recommend you read them, as their terms may differ from the terms above.
(g) Progress OpenEdge v11.6 may incorporate SlimScroll v1.3.3. Such technology is subject to the following terms and conditions:
The MIT License (MIT)
[OSI Approved License]
The MIT License (MIT)
Copyright (c) 2011 Piotr Rochala (http://rocha.la)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(h) Progress OpenEdge v11.6 may incorporate Block UI jQuery plugin v1.33. Such technology is subject to the following terms and conditions:
Copyright © 2007-2013 M. Alsup.
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(i) Progress OpenEdge v11.6 may incorporate Java Cryptography APIs vjdk16-1.46 (as part of Progress AppServer (PAS) Core v1.2.4). Such technology is subject to the following terms and conditions:
License
Copyright (c) 2000 - 2015 The Legion of the Bouncy Castle Inc. (http://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(j) Progress OpenEdge v11.6 may incorporate jsoup v1.8.3 (as part of Progress AppServer (PAS) Core v1.2.4). Such technology is subject to the following terms and conditions:
jsoup License
The jsoup code-base (include source and compiled packages) are distributed under the open source MIT license as described below.
The MIT License
Copyright © 2009 - 2013 Jonathan Hedley (jonathan@hedley.net)
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
(18) MOZILLA PUBLIC LICENSE Version 1.0:
Progress OpenEdge v11.6 may incorporate
Saxon XSLT and XQuery Processor v8.9; and
(as part of 1PDT Progress Extensions for Eclipse (PEX) v2.4.3 – Saxon XSLT and XQuery Processor v8.9.0.4 (saxon8.jar, saxon8-xpath.jar, saxon8-xom.jar, saxon8-sql.jar, saxon8-jdom.jar, saxon8-dom.jar)).
Saxon XSLT and XQuery Processor v8.9 – The Original Code of Saxon comprises all those components which are not explicitly attributed to other parties. The Initial Developer of the Original Code is Michael Kay. Until February 2001 Michael Kay was an employee of International Computers Limited (now part of Fujitsu Limited), and original code developed during that time was released under this license by permission from International Computers Limited. From February 2001 until February 2004 Michael Kay was an employee of Software AG, and code developed during that time was released under this license by permission from Software AG, acting as a "Contributor". Subsequent code has been developed by Saxonica Limited, of which Michael Kay is a Director, again acting as a "Contributor". A small number of modules, or enhancements to modules, have been developed by other individuals (either written specially for Saxon, or incorporated into Saxon having initially been released as part of another open source product). Such contributions are acknowledged individually in comments attached to the relevant code modules. All Rights Reserved. If you produce a product that includes or requires Saxon, please refer to it prominently as "The Saxon XSLT and XQuery Processor from Saxonica Limited", and include the URL of the home page, which is at http://www.saxonica.com/.
Saxon XSLT and XQuery Processor v8.9.0.4 - The Original Code of Saxon comprises all those components which are not explicitly attributed to other parties. The Initial Developer of the Original Code is Michael Kay. Until February 2001 Michael Kay was an employee of International Computers Limited (now part of Fujitsu Limited), and original code developed during that time was released under this license by permission from International Computers Limited. From February 2001 until February 2004 Michael Kay was an employee of Software AG, and code developed during that time was released under this license by permission from Software AG, acting as a "Contributor". Subsequent code has been developed by Saxonica Limited, of which Michael Kay is a Director, again acting as a "Contributor". A small number of modules, or enhancements to modules, have been developed by other individuals (either written specially for Saxon, or incorporated into Saxon having initially been released as part of another open source product). Such contributions are acknowledged individually in comments attached to the relevant code modules. All Rights Reserved.
The contents of these files are subject to the Mozilla Public License Version 1.0 (the "License") provided below; you may not use this file except in compliance with the License. You may also obtain a copy of the License at http://www.mozilla.org/MPL/. Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. PSC will, at Licensee's request, provide copies of the source code for this third party technology, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein.
Such technologies are subject to the following terms and conditions: MOZILLA PUBLIC LICENSE Version 1.0 - 1. Definitions. 1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications. 1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. ``Executable'' means Covered Code in any form other than Source Code. 1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. ``License'' means this document. 1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. 1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. 1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 2. Source Code License. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations. 2.2. Contributor Grant. Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and (b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations. 3. Distribution Obligations. 3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. 3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. 3.3. Description of Modifications. You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. 3.4. Intellectual Property Matters (a) Third Party Claims. If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code. 6. Versions of the License. 6.1. New Versions. Netscape Communications Corporation (``Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. 6.3. Derivative Works. If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Santa Clara County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis. EXHIBIT A. ``The contents of this file are subject to the Mozilla Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is ______________________________________. The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ____________________________. All Rights Reserved. Contributor(s):
(19) Mozilla Public License Version 1.1:
Progress OpenEdge v11.6 may incorporate
Mozilla Rhino v1.6 R1; and
Saxon v9.
The contents of these files are subject to the Mozilla Public License Version 1.1 (the "License") provided below; you may not use this file except in compliance with the License. You may also obtain a copy of the License at http://www.mozilla.org/MPL/. Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
For Mozilla Rhino v1.6 R1, The Original Code is Rhino code, released - May 6, 1999. - The Initial Developer of the Original Code is Netscape Communications Corporation. Portions created by Netscape are Copyright (C) 1997-1999 Netscape Communications Corporation. All Rights Reserved. Contributor(s): Norris Boyd, Igor Bukanov, Roger Lawrence, Mike McCabe.
For Saxon v9, The Original Code is: All this file. The Initial Developer of the Original Code is Michael H. Kay. Contributor(s): none.
These technologies are subject to the following terms and conditions: MOZILLA PUBLIC LICENSE Version 1.1 - Definitions. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. 1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications. 1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. "Executable" means Covered Code in any form other than Source Code. 1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. "License" means this document. 1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge. 1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. Source Code License. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. 2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor. 3. Distribution Obligations. 3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. 3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. 3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. 3.4. Intellectual Property Matters (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. (c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code. 6. Versions of the License. 6.1. New Versions. Netscape Communications Corporation ("Netscape") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. 6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", "MPL", "NPL" or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. 8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. (b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent unnecessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. EXHIBIT A -Mozilla Public License. ``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is ______________________________________. The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright © ______ _______________________. All Rights Reserved. Contributor(s): ______________________________________. Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License." [NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
(20) Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX:
Progress OpenEdge v11.6 may incorporate Oracle Java Development Kit (JDK), Version 1.7.0_45 licensed from Oracle. Such technology is subject to the following terms and conditions:
Oracle Binary Code License Agreement for the Java SE Platform Products and JavaFX - ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN SELECT THE "DECLINE LICENSE AGREEMENT" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT USE THE SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE SOFTWARE IS CONTAINED.
1. DEFINITION. "Software" means the software identified above in binary form that you selected for download, install or use (in the version You selected for download, install or use) from Oracle or its authorized licensees, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Oracle, and any user manuals, programming guides and other documentation provided to you by Oracle under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop and laptop computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means (a) Java technology applets and applications intended to run on the Java Platform, Standard Edition platform on Java-enabled General Purpose Desktop Computers and Servers; and (b) JavaFX technology applications intended to run on the JavaFX Runtime on JavaFX-enabled General Purpose Desktop Computers and Servers. “Commercial Features” means those features identified in Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. “README File” means the README file for the Software accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
2. LICENSE TO USE. Subject to the terms and conditions of this Agreement including, but not limited to, the Java Technology Restrictions of the Supplemental License Terms, Oracle grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally the Software complete and unmodified for the sole purpose of running Programs. THE LICENSE SET FORTH IN THIS SECTION 2 DOES NOT EXTEND TO THE COMMERCIAL FEATURES. YOUR RIGHTS AND OBLIGATIONS RELATED TO THE COMMERCIAL FEATURES ARE AS SET FORTH IN THE SUPPLEMENTAL TERMS ALONG WITH ADDITIONAL LICENSES FOR DEVELOPERS AND PUBLISHERS.
3. RESTRICTIONS. Software is copyrighted. Title to Software and all associated intellectual property rights is retained by Oracle and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is developed for general use in a variety of information management applications; it is not developed or intended for use in any inherently dangerous applications, including applications that may create a risk of personal injury. If you use the Software in dangerous applications, then you shall be responsible to take all appropriate fail-safe, backup, redundancy, and other measures to ensure its safe use. Oracle 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 Oracle or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.
4. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ORACLE FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL ORACLE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE'S ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
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 Oracle if you fail to comply with any provision of this Agreement. 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. Upon termination, you must destroy all copies of Software.
7. EXPORT REGULATIONS. You agree that U.S. export control laws and other applicable export and import laws govern your use of the Software, including technical data; additional information can be found on Oracle's Global Trade Compliance web site (http://www.oracle.com/products/export). You agree that neither the Software nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
8. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Oracle that Oracle owns the ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand
designations ("Oracle Marks"), and you agree to comply with the Third
Party Usage Guidelines for Oracle Trademarks currently located at
http://www.oracle.com/us/legal/third-party-trademarks/index.html . Any use you make of the Oracle Marks inures to Oracle's benefit.
9. U.S. GOVERNMENT LICENSE 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 shall be only those set forth in this Agreement.
10. GOVERNING LAW. This agreement is governed by the substantive and procedural laws of California. You and Oracle agree to submit to the exclusive jurisdiction of, and venue in, the courts of San Francisco, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
11. 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.
12. INTEGRATION. This Agreement is the entire agreement between you and Oracle 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.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.
A. COMMERCIAL FEATURES. You may not use the Commercial Features for running Programs, Java applets or applications in your internal business operations or for any commercial or production purpose, or for any purpose other than as set forth in Sections B, C, D and E of these Supplemental Terms. If You want to use the Commercial Features for any purpose other than as permitted in this Agreement, You must obtain a separate license from Oracle.
B. SOFTWARE INTERNAL USE FOR DEVELOPMENT LICENSE GRANT. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.
C. LICENSE TO DISTRIBUTE SOFTWARE. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including, but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in this Agreement and that includes the notice set forth in Section H, and (vi) you agree to defend and indemnify Oracle 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. The license set forth in this Section C does not extend to the Software identified in Section G.
D. LICENSE TO DISTRIBUTE REDISTRIBUTABLES. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the README File, including but not limited to the Java Technology Restrictions and Limitations on Redistribution of these Supplemental Terms, Oracle grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the README File ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README File), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that: (a) is a complete, unmodified reproduction of this Agreement; or (b) protects Oracle's interests consistent with the terms contained in the Agreement and includes the notice set forth in Section H, (vi) you agree to defend and indemnify Oracle 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. The license set forth in this Section D does not extend to the Software identified in Section G.
E. DISTRIBUTION BY PUBLISHERS. This section pertains to your distribution of the JavaTM SE Development Kit Software (“JDK”) with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, Oracle hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the JDK on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the JDK on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the JDK from the applicable Oracle web site; (iii) You must refer to the JDK as JavaTM SE Development Kit; (iv) The JDK must be reproduced in its entirety and without any modification whatsoever (including with respect to all proprietary notices) and distributed with your Publication subject to a license agreement that is a complete, unmodified reproduction of this Agreement; (v) The Media label shall include the following information: “Copyright [YEAR], Oracle America, Inc. All rights reserved. Use is subject to license terms. ORACLE and JAVA trademarks and all ORACLE- and JAVA-related trademarks, service marks, logos and other brand designations are trademarks or registered trademarks of Oracle in the U.S. and other countries.” [YEAR] is the year of Oracle's release of the Software; the year information can typically be found in the Software’s “About” box or screen. This information must be placed on the Media label in such a manner as to only apply to the JDK; (vi) You must clearly identify the JDK as Oracle's product on the Media holder or Media label, and you may not state or imply that Oracle is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the JDK; (viii) You agree to defend and indemnify Oracle 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 the JDK and/or the Publication; ; and (ix) You shall provide Oracle with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Oracle America, Inc., 500 Oracle Parkway, Redwood Shores, California 94065 U.S.A , Attention: General Counsel.
F. 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", “oracle” or similar convention as specified by Oracle in any naming convention designation.
G. LIMITATIONS ON REDISTRIBUTION. You may not redistribute or otherwise transfer patches, bug fixes or updates made available by Oracle through Oracle Premier Support, including those made available under Oracle's Java SE Support program.
H. COMMERCIAL FEATURES NOTICE. For purpose of complying with Supplemental Term Section C.(v)(b) and D.(v)(b), your license agreement shall include the following notice, where the notice is displayed in a manner that anyone using the Software will see the notice:
Use of the Commercial Features for any commercial or production purpose requires a separate license from Oracle. “Commercial Features” means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Java SE documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html
I. SOURCE CODE. Software may contain source code that, unless expressly licensed for other purposes, 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.
J. THIRD PARTY CODE. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME file accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME file, the disclaimer of warranty and limitation of liability provisions in paragraphs 4 and 5 of the Binary Code License Agreement shall apply to all Software in this distribution.
K. 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.
L. INSTALLATION AND AUTO-UPDATE. The Software's installation and auto-update processes transmit a limited amount of data to Oracle (or its service provider) about those specific processes to help Oracle understand and optimize them. Oracle does not associate the data with personally identifiable information. You can find more information about the data Oracle collects as a result of your Software download at http://www.oracle.com/technetwork/java/javase/documentation/index.html.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
Last updated 02 April 2013
(21) Public:
(a) Progress OpenEdge v11.6 may incorporate ANTLR Runtime v3.1.1 from antlr.org. Such technology is subject to the following terms and conditions: SOFTWARE RIGHTS $Id: //depot/code/org.antlr/main/main/RIGHTS#3 $ ANTLR 1989-2000 Developed by jGuru.com (MageLang Institute), http://www.ANTLR.org and http://www.jGuru.com We reserve no legal rights to the ANTLR--it is fully in the public domain. An individual or company may do whatever they wish with source code distributed with ANTLR or the code generated by ANTLR, including the incorporation of ANTLR, or its output, into commercial software. We encourage users to develop software with ANTLR. However, we do ask that credit is given to us for developing ANTLR. By "credit", we mean that if you use ANTLR or incorporate any source code into one of your programs (commercial product, research project, or otherwise) that you acknowledge this fact somewhere in the documentation, research report, etc... If you like ANTLR and have developed a nice tool with the output, please mention that you developed it using ANTLR. In addition, we ask that the headers remain intact in our source code. As long as these guidelines are kept, we expect to continue enhancing this system and expect to make other tools available as they are completed. The primary ANTLR guy: Terence Parr http://www.jGuru.com parrt@jguru.com.
(b) Progress OpenEdge v11.6 may incorporate Code Guru Docking Panels Library in .NET 2.0 v39043.0. Such technology is subject to the following terms and conditions: From the FAQs as of 2-23-07: http://www.codeguru.com/faq.php - Are there any usage restrictions or is the code on your site considered open source? Within the submission guidelines on CodeGuru there is a lot of information about posting as well as a Permissions paragraph. This paragraph tells you what people agreed to when they uploaded code, resources, or an article. To answer this question, submitted code has been provided with the understanding that others may use it in both, personal and corporate, applications. If you use the code, you should honor any copyright notices and other similar information that may be stated within the given code. As the fine print on nearly every site says and as it states on the general site usage notes, use of any code is at your own risk. Permissions - As you know, this site is a valuable resource for the developer community. Please note, however, that to avoid legal complications, we need to obtain your permission to use any computer code and any related materials ("resources") that you are providing to us. Accordingly, by submitting any such resource to CodeGuru, you grant to Jupitermedia Corporation a nonexclusive, worldwide, perpetual license to reproduce, distribute, adapt, perform, display, and sublicense the submitted resource (in both object and source code formats, as well as on and off the Web), and you acknowledge that you have the authority to grant such rights to Jupitermedia Corporation. By submitting the resource, you also grant your article's readers the permission to use any source code in the resource for commercial or noncommercial software. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS IN ANY RESOURCES SUBMITTED! ALSO, IN MAKING THE RESOURCE AVAILABLE TO OTHER SITE VISITORS FOR DOWNLOADING, JUPITERMEDIA CORPORATION WILL INFORM SUCH OTHER VISITORS THAT, ALTHOUGH THEY MAY DOWNLOAD ANY RESOURCES FOR COMMERCIAL OR NONCOMMERCIAL USES, THEY MAY NOT REPUBLISH THE SOURCE CODE SO THAT IT IS ACCESSIBLE TO THE PUBLIC WITHOUT FIRST OBTAINING THE COPYRIGHT OWNER'S PERMISSION. For CodeGuru's standard Legal Notices, Licensing, Reprints & Permissions, and Privacy Policy, see the links at the bottom of any CodeGuru page. http://www.codeguru.com/submission-guidelines.php#permission Source Code Guidelines - First and foremost, does the code actually work? We do sometimes get code that, for one reason or another, just does not work. Please check that the source code you send compiles cleanly, and if part of a larger demo application, that the application itself runs OK. Sample Executable: If providing a sample executable, please make sure it is linked with the release libraries. The whole point of a demo executable is to give developers a quick intro to your code. If they have to recompile to get the application to run on their system, there is no use in supplying the executable in the first place. Second, try to be conservative about just how big a sample you upload; a 4 Mb sample just isn't going to interest a lot of people. Sample Project: It is recommended that you also include a sample project. When creating a ZIP file for the sample project, please do not include either the Debug or the Release directories. They simply inflate the size of the ZIP file. Also, do not include the *.clw, *.ncb, *.opt and other such files that are automatically recreated. Style: We cannot (and will not) dictate coding style, but we do ask that the general coding guidelines be adhered to so that other programmers can understand your code easily. A few other things that you may want to consider when preparing a article are:
* Does the code compile and run cleanly? Even under the highest warning level?
* It is okay to use others' code as a base as long as you make it totally clear that some/most of the code isn't yours, and keep all copyright notices in the original code. If you use someone else's code, DO NOT remove their copyright notices. There is a lot of code reuse here; that's the point, after all. As far as the articles that are being posted here go, we expect to see credit where credit's due, both in the code and the HTML as appropriate. While we are talking about copyrights, you retain copyright of your article and code, but by submitting it to CodeGuru you give permission to use it in a fair manner and also permit all developers to freely use the code in their own applications—even if they are commercial.
(c) Progress OpenEdge v11.6 may incorporate LZMA v4.3.2. Such technology is subject to the following terms and conditions: Simplified license for unmodified code (read SPECIAL EXCEPTION) – License LZMA SDK is available under any of the following licenses: 1. GNU Lesser General Public License (GNU LGPL) 2. Common Public License (CPL) 3. Simplified license for unmodified code (read SPECIAL EXCEPTION) 4. Proprietary license It means that you can select one of these four options and follow rules of that license. SPECIAL EXCEPTION: Igor Pavlov, as the author of this code, expressly permits you to statically or dynamically link your code (or bind by name) to the files from LZMA SDK without subjecting your linked code to the terms of the CPL or GNU LGPL. Any modifications or additions to files from LZMA SDK, however, are subject to the GNU LGPL or CPL terms.
SPECIAL EXCEPTION allows you to use LZMA SDK in applications with closed code, while you keep LZMA SDK code unmodified. SPECIAL EXCEPTION #2: Igor Pavlov, as the author of this code, expressly permits you to use LZMA SDK 4.43 under the same terms and conditions contained in the License Agreement you have for any previous version of LZMA SDK developed by Igor Pavlov. SPECIAL EXCEPTION #2 allows owners of proprietary licenses to use latest version of LZMA SDK as update for previous versions. GNU LGPL and CPL are pretty similar and both these licenses are classified as free software licenses at http://www.gnu.org/ and OSI-approved at http://www.opensource.org/. LZMA SDK also can be available under a proprietary license which can include: 1. Right to modify code from LZMA SDK without subjecting modified code to the terms of the CPL or GNU LGPL
2. Technical support for LZMA SDK via email To request such proprietary license or any additional consultations, send email message from page for support: Send message to LZMA developer Source code of 7-Zip is released under the terms of the GNU LGPL. You can download source code of 7-Zip at 7-Zip's Source Forge Page
(d) Progress OpenEdge v11.6 may incorporate RegSvrEx. Such technology is subject to the following terms and conditions: RegSvrEx license http://www.codeproject.com/info/cpol10.aspx Preamble This License governs Your use of the Work. This License is intended to allow developers to use the Source Code and Executable Files provided as part of the Work in any application in any form. The main points subject to the terms of the License are:
* Source Code and Executable Files can be used in commercial applications;
* Source Code and Executable Files can be redistributed; and
* Source Code can be modified to create derivative works.
* No claim of suitability, guarantee, or any warranty whatsoever is provided. The software is provided "as-is".
* The Article(s) accompanying the Work may not be distributed or republished without the Author's consent. This License is entered between You, the individual or other entity reading or otherwise making use of the Work licensed pursuant to this License and the individual or other entity which offers the Work under the terms of this License ("Author"). License THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CODE PROJECT OPEN LICENSE ("LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED.
BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE AUTHOR GRANTS YOU THE RIGHTS CONTAINED HEREIN IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY THE TERMS OF THIS LICENSE, YOU CANNOT MAKE ANY USE OF THE WORK. 1. Definitions. 1. "Articles" means, collectively, all articles written by Author which describes how the Source Code and Executable Files for the Work may be used by a user. 2. "Author" means the individual or entity that offers the Work under the terms of this License. 3. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works. 4. "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work. 5. "Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You. 6. "Source Code" refers to the collection of source code and configuration files used to create the Executable Files. 7. "Standard Version" refers to such a Work if it has not been modified, or has been modified in accordance with the consent of the Author, such consent being in the full discretion of the Author. 8. "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles. 9. "You" is you, an individual or entity wishing to use the Work and exercise your rights under this License. 2. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: 1. You may use the standard version of the Source Code or Executable Files in Your own applications. 2. You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or from the Author. A Work modified in such a way shall still be considered the standard version and will be subject to this License. 3. You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a Derivative Work, provided that You insert a prominent notice in each changed file stating how, when and where You changed that file. 4. You may distribute the standard version of the Executable Files and Source Code or Derivative Work in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution. 5. The Articles discussing the Work published in any form by the author may not be distributed or republished without the Author's consent. The author retains copyright to any such Articles. You may use the Executable Files and Source Code pursuant to this License but you may not repost or republish or otherwise distribute or make available the Articles, without the prior written consent of the Author. Any subroutines or modules supplied by You and linked into the Source Code or Executable Files this Work shall not be considered part of this Work and will not be subject to the terms of this License. 4. Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, import, and otherwise transfer the Work. 5. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions: 1. You agree not to remove any of the original copyright, patent, trademark, and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files. 2. You agree not to advertise or in any way imply that this Work is a product of Your own. 3. The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author. 4. You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by itself, though, cannot be sold, leased or rented. 5. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License. 6. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work. 6. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. AUTHOR EXPRESSLY DISCLAIMS ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT, OR THAT THE WORK (OR ANY PORTION THEREOF) IS CORRECT, USEFUL, BUG-FREE OR FREE OF VIRUSES. YOU MUST PASS THIS DISCLAIMER ON WHENEVER YOU DISTRIBUTE THE WORK OR DERIVATIVE WORKS. 7. Indemnity. You agree to defend, indemnify and hold harmless the Author and the Publisher from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable legal or attorneys’ fees) resulting from or relating to any use of the Work by You. 8. Limitation on Liability. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTHOR OR THE PUBLISHER BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK OR OTHERWISE, EVEN IF THE AUTHOR OR THE PUBLISHER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 9. Termination. 1. This License and the rights granted hereunder will terminate automatically upon any breach by You of any term of this License. Individuals or entities who have received Derivative Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 6, 7, 8, 9, 10 and 11 will survive any termination of this License. 2. If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements You claim are made by the Work, your License from such contributor to the Work ends automatically. 3. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. 10. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice 11. Miscellaneous 1. This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual, the laws of location of the principal place of residence of the Author. 2. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. 3. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. 4. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Author and You.
(e) Progress OpenEdge v11.6 may incorporate "Set" Collections Library for .NET. Such technology is subject to the following terms and conditions: Re: Licensing terms JasonSmith 7:34 12 Aug '06 You may use this code in your own project. It wouldn't be very useful if you couldn't, now would it? Honestly though, this is just unmaintained sample code as far as I am concerned. Sorry I put those copyright notices in there. You have my permission to remove them. The only legal thing is that if you use this code, it is yours. Add it to your project and whittle away. You can change it in any way you like, you can maintain it, and if something is wrong with it, you can fix it. In other words, there are no licensing terms. Give it away, sell it, repackage it, whatever. Even take credit for writing it if you need to. And that goes for anyone. And if you really need licensing terms, suggest one here and I'll make that one the official one, or something like that. I know how "superiors" can be.
(22) Sun Microsystems, Inc. Binary Code License Agreements:
(a) Progress OpenEdge v11.6 may incorporate Java Help v1.1 from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: Sun Microsystems, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE 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 THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 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. JAVAHELPTM VERSION 1.1.3 SUPPLEMENTAL LICENSE TERMS 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 (JavaTM 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#114197/Form ID#011801)
(b) Progress OpenEdge v11.6 may incorporate Java Help v2.0 licensed from Sun Microsystems, Inc. Such technology is subject to the following terms and conditions: Java Help License - Sun Microsystems, Inc. Binary Code License Agreement. READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.á BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.á IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 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. JAVAHELP(TM) VERSION 2.0 SUPPLEMENTAL LICENSE TERMS 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 4 (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 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 4 (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. 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. 4. 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.
5. 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. 6. 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. 7. 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. Some source code may contain alternative license terms that apply only to that source code file. 8. 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. 4150 Network Circle, Santa Clara, California 95054. (LFI#135834/Form ID#011801)
(c) Progress OpenEdge v11.6 may incorporate Java Servlet Interface Definitions v2.3 licensed from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: Sun Microsystems, Inc. Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE 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 THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
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 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.
JAVA(TM) INTERFACE CLASSES JAVASERVLET, VERSION 2.3 SUPPLEMENTAL LICENSE TERMS
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 applications ("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) 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, nontransferable, 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 a 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, 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 Logos 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 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#95907/Form ID#011801)
(23) Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE:
(a) Progress OpenEdge v11.6 may incorporate JavaBeans Activation Framework v1.1.1 from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE; Licensee/Company: Entity receiving Software.; Effective Date: Date of delivery of the Software to You.; Software: JavaBeans Activation Framework 1.1.1.; 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 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. B. 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 Java technology, except under compatibility requirements available under a separate agreement available at www.java.net. Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products. Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all 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. 9. 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. 10. 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. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may 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 to you. 12. 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). 13. 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. 14. 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. 15. Integration. This Agreement, including any terms contained in your Entitlement, 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. Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.
(b) Progress OpenEdge v11.6 may incorporate JavaMail v1.4.2 from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date of delivery of the Software to You. Software: JavaMail 1.4.2 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 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. B. 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 Java technology, except under compatibility requirements available under a separate agreement available at www.java.net. Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products. Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all 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. 9. 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. 10. 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. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may 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 to you. 12. 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). 13. 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. 14. 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. 15. Integration. This Agreement, including any terms contained in your Entitlement, 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. Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.
(c) Progress OpenEdge v11.6 may incorporate JavaMail v1.4.4 licensed from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: Oracle Corporation ("ORACLE") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: JavaMail 1.4.4
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 and Research and Instructional Use only for the purposes of designing, developing, testing, and running Your applets and applications ("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 (each a "Redistributable"), provided that You comply with the following (note that You may be entitled to reproduce and distribute other portions of the Software not defined in the documentation as a Redistributable under certain other licenses as described in the THIRDPARTYLICENSEREADME, if applicable):
(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 Oracle's interests consistent with the terms contained in this Agreement, and
(g) You agree to defend and indemnify Oracle 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 Oracle in any naming convention designation.
4. No Diagnostic, Maintenance, Repair or Technical Support Services. The scope of Your license does not include any right, express or implied, (i) to access, copy, distribute, display or use the Software to provide diagnostic, maintenance, repair or technical support services for Oracle software or Oracle hardware on behalf of any third party for Your direct or indirect commercial gain or advantage, without Oracle's prior written authorization, or (ii) for any third party to access, copy, distribute, display or use the Software to provide diagnostic, maintenance, repair or technical support services for Oracle software or Oracle hardware on Your behalf for such party's direct or indirect commercial gain or advantage, without Oracle's prior written authorization. The limitations set forth in this paragraph apply to any and all error corrections, patches, updates, and upgrades to the Software You may receive, access, download or otherwise obtain from Oracle.
5. Records and Documentation. During the term of the SLA and Entitlement, and for a period of three (3) years thereafter, You agree to keep proper records and documentation of Your compliance with the SLA and Entitlement. Upon Oracle's reasonable request, You will provide copies of such records and documentation to Oracle for the purpose of confirming Your compliance with the terms and conditions of the SLA and Entitlement. This section will survive any termination of the SLA and Entitlement. You may terminate this SLA and Entitlement at any time by destroying all copies of the Software in which case the obligations set forth in Section 7 of the SLA shall apply.
Oracle Corporation ("ORACLE")
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 1-6 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 Oracle 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 Oracle software not specified in your Entitlement will be evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Oracle 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 Oracle 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, Oracle 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 Oracle or authorized Oracle 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 Oracle. Oracle 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 Oracle 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 Oracle 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 Oracle'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 Oracle.
(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 Oracle, its subcontractors, and its service delivery partners for the purpose of providing you with remote system services and/or improving Oracle'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 Oracle 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 Oracle or its licensors is granted under this Agreement.
6. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net.
Oracle supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Oracle has adopted into many of its products.
Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution.
7. 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 Oracle if you materially breach it or take any action in derogation of Oracle's and/or its licensors' rights to Software. Oracle may terminate this Agreement should any Software become, or in Oracle'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 Oracle. Sections 1, 5, 6, 7, and 9-15 will survive termination of the Agreement.
8. Limited Warranty.
Oracle 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 Oracle's entire liability under this limited warranty will be at Oracle'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.
9. 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.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ORACLE 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 ORACLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Oracle'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. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may 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 to you.
12. 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).
13. 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.
14. 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.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and Oracle 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: Oracle Corporation, 500 Oracle Parkway,
Redwood Shores, California 94065, USA.
(d) Progress OpenEdge v11.6 may incorporate Java Advanced Imaging v1.1.2 from Sun Microsystems, Inc. This technology is subject to the following terms and conditions: Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE - Licensee/Company: Entity receiving Software. - Effective Date: Date of delivery of the Software to You. - Software: Java Advanced Imaging Image I/O Tools 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 and Research and Instructional Use only for the purposes of designing, developing, testing, and running Your applets and applications ("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 (each a "Redistributable"), provided that You comply with the following (note that You may be entitled to reproduce and distribute other portions of the Software not defined in the documentation as a Redistributable under certain other licenses as described in the THIRDPARTYLICENSEREADME, if applicable): (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 1-6 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 Java technology, except under compatibility requirements available under a separate agreement available at www.java.net. Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products. Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all 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. 9. 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. 10. 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. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may 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 to you. 12. 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). 13. 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. 14. 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. 15. Integration. This Agreement, including any terms contained in your Entitlement, 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. Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.
(24) Sun Public License v1.0:
Progress OpenEdge v11.6 may incorporate BeanShell v1.2b8 and Beanshell v2.1.8. Sun Public License Notice: The contents of these files are subject to the Sun Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. A copy of the License is available at http://www.sun.com. This third party technology is licensed to PSC and User is subject to the terms of a third party license, a copy of which is included herein. PSC will, at Licensee’s request, provide a copy of the source code for these third party technologies, including modifications, if any, made by PSC. PSC may charge reasonable shipping and handling charges for such distribution. Licensee may also obtain the source code for these third party technologies through http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the instructions set forth therein. Notwithstanding anything to the contrary, to the extent that any of the terms and conditions of this Agreement conflict, vary or are in addition to the terms and conditions of the aforementioned third party licenses for these technologies, such terms and conditions are offered by PSC alone and not by any other party.
The Original Code is BeanShell. The Initial Developer of the Original Code is Pat Niemeyer. Portions created by Pat Niemeyer are Copyright (C) 2000. All Rights Reserved.
Such technologies are subject to the following terms and conditions: SUN PUBLIC LICENSE Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof and corresponding documentation released with the source code.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated documentation, interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under Patent Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. (d) notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters. (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "../LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. (b) Contributor APIs. If Contributor's Modifications include an application programming interface ("API"../) and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. (c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must: (a) rename Your license so that the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Sun Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. (b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as “Multiple-Licensed”. “Multiple-Licensed” means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. Exhibit A -Sun Public License Notice. The contents of this file are subject to the Sun Public License Version 1.0 (the License); you may not use this file except in compliance with the License. A copy of the License is available at http://www.sun.com/ The Original Code is _________________. The Initial Developer of the Original Code is ___________. Portions created by ______ are Copyright (C)_________. All Rights Reserved. Contributor(s): ____________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the “[___] License”), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the SPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the SPL or the [___] License. [NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
(25) W3C Software Notice and License:
Progress OpenEdge v11.6 may incorporate http package from w3c v5.4.0. Such technologies are subject to the following terms and conditions: W3C® SOFTWARE NOTICE AND LICENSE http://www.w3.org/Consortium/Legal/2002/copyright-software-20021231 This work (and included software, documentation such as READMEs, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions. Permission to copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications: 1. The full text of this NOTICE in a location viewable to users of the redistributed or derivative work. 2. Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the W3C Software Short Notice should be included (hypertext is preferred, text is permitted) within the body of any redistributed or derivative code. 3. Notice of any changes or modifications to the files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.) THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders. ______________ This formulation of W3C's notice and license became active on December 31 2002. This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use". Otherwise, this version is the same as the previous version and is written so as to preserve the Free Software Foundation's assessment of GPL compatibility and OSI's certification under the Open Source Definition. Please see our Copyright FAQ for common questions about using materials from our site, including specific terms and conditions for packages like libwww, Amaya, and Jigsaw. Other questions about this notice can be directed to site-policy@w3.org. Joseph Reagle