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NO WARRANTY
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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.
one line to give the library's name and an idea of what it does.
Copyright (C) year name of author
This library is free software; you can redistribute it and/or
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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:
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the library ` Frob ' (a library for tweaking knobs) written
by James Random Hacker.
signature of Ty Coon, 1 April 1990
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* documentation and/or other materials provided with the distribution.
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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.
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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.
A. HISTORY OF THE SOFTWARE
==========================
Python was created in the early 1990s by Guido van Rossum at Stichting
Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands
as a successor of a language called ABC. Guido remains Python's
principal author, although it includes many contributions from others.
In 1995, Guido continued his work on Python at the Corporation for
National Research Initiatives (CNRI, see http://www.cnri.reston.va.us)
in Reston, Virginia where he released several versions of the
software.
In May 2000, Guido and the Python core development team moved to
BeOpen.com to form the BeOpen PythonLabs team. In October of the same
year, the PythonLabs team moved to Digital Creations (now Zope
Corporation, see http://www.zope.com). In 2001, the Python Software
Foundation (PSF, see http://www.python.org/psf/) was formed, a
non-profit organization created specifically to own Python-related
Intellectual Property. Zope Corporation is a sponsoring member of
the PSF.
All Python releases are Open Source (see http://www.opensource.org for
the Open Source Definition). Historically, most, but not all, Python
releases have also been GPL-compatible; the table below summarizes
the various releases.
Release Derived Year Owner GPL-
from compatible? (1)
0.9.0 thru 1.2 1991-1995 CWI yes
1.3 thru 1.5.2 1.2 1995-1999 CNRI yes
1.6 1.5.2 2000 CNRI no
2.0 1.6 2000 BeOpen.com no
1.6.1 1.6 2001 CNRI yes (2)
2.1 2.0+1.6.1 2001 PSF no
2.0.1 2.0+1.6.1 2001 PSF yes
2.1.1 2.1+2.0.1 2001 PSF yes
2.2 2.1.1 2001 PSF yes
2.1.2 2.1.1 2002 PSF yes
2.1.3 2.1.2 2002 PSF yes
2.2.1 2.2 2002 PSF yes
2.2.2 2.2.1 2002 PSF yes
2.2.3 2.2.2 2003 PSF yes
2.3 2.2.2 2002-2003 PSF yes
2.3.1 2.3 2002-2003 PSF yes
2.3.2 2.3.1 2002-2003 PSF yes
2.3.3 2.3.2 2002-2003 PSF yes
2.3.4 2.3.3 2004 PSF yes
2.3.5 2.3.4 2005 PSF yes
2.4 2.3 2004 PSF yes
2.4.1 2.4 2005 PSF yes
2.4.2 2.4.1 2005 PSF yes
Footnotes:
(1) GPL-compatible doesn't mean that we're distributing Python under
the GPL. All Python licenses, unlike the GPL, let you distribute
a modified version without making your changes open source. The
GPL-compatible licenses make it possible to combine Python with
other software that is released under the GPL; the others don't.
(2) According to Richard Stallman, 1.6.1 is not GPL-compatible,
because its license has a choice of law clause. According to
CNRI, however, Stallman's lawyer has told CNRI's lawyer that 1.6.1
is "not incompatible" with the GPL.
Thanks to the many outside volunteers who have worked under Guido's
direction to make these releases possible.
B. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON
===============================================================
PSF LICENSE AGREEMENT FOR PYTHON 2.4
------------------------------------
1. This LICENSE AGREEMENT is between the Python Software Foundation
("PSF"), and the Individual or Organization ("Licensee") accessing and
otherwise using Python 2.4 software in source or binary form and its
associated documentation.
2. Subject to the terms and conditions of this License Agreement, PSF
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python 2.4
alone or in any derivative version, provided, however, that PSF's
License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
2001, 2002, 2003, 2004 Python Software Foundation; All Rights Reserved"
are retained in Python 2.4 alone or in any derivative version prepared
by Licensee.
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python 2.4 or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Python 2.4.
4. PSF is making Python 2.4 available to Licensee on an "AS IS"
basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 2.4 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
2.4 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 2.4,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between PSF and
Licensee. This License Agreement does not grant permission to use PSF
trademarks or trade name in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
8. By copying, installing or otherwise using Python 2.4, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
-------------------------------------------
BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an
office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the
Individual or Organization ("Licensee") accessing and otherwise using
this software in source or binary form and its associated
documentation ("the Software").
2. Subject to the terms and conditions of this BeOpen Python License
Agreement, BeOpen hereby grants Licensee a non-exclusive,
royalty-free, world-wide license to reproduce, analyze, test, perform
and/or display publicly, prepare derivative works, distribute, and
otherwise use the Software alone or in any derivative version,
provided, however, that the BeOpen Python License is retained in the
Software, alone or in any derivative version prepared by Licensee.
3. BeOpen is making the Software available to Licensee on an "AS IS"
basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
4. BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY
DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
5. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
6. This License Agreement shall be governed by and interpreted in all
respects by the law of the State of California, excluding conflict of
law provisions. Nothing in this License Agreement shall be deemed to
create any relationship of agency, partnership, or joint venture
between BeOpen and Licensee. This License Agreement does not grant
permission to use BeOpen trademarks or trade names in a trademark
sense to endorse or promote products or services of Licensee, or any
third party. As an exception, the "BeOpen Python" logos available at
http://www.pythonlabs.com/logos.html may be used according to the
permissions granted on that web page.
7. By copying, installing or otherwise using the software, Licensee
agrees to be bound by the terms and conditions of this License
Agreement.
CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
---------------------------------------
1. This LICENSE AGREEMENT is between the Corporation for National
Research Initiatives, having an office at 1895 Preston White Drive,
Reston, VA 20191 ("CNRI"), and the Individual or Organization
("Licensee") accessing and otherwise using Python 1.6.1 software in
source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python 1.6.1
alone or in any derivative version, provided, however, that CNRI's
License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
1995-2001 Corporation for National Research Initiatives; All Rights
Reserved" are retained in Python 1.6.1 alone or in any derivative
version prepared by Licensee. Alternately, in lieu of CNRI's License
Agreement, Licensee may substitute the following text (omitting the
quotes): "Python 1.6.1 is made available subject to the terms and
conditions in CNRI's License Agreement. This Agreement together with
Python 1.6.1 may be located on the Internet using the following
unique, persistent identifier (known as a handle): 1895.22/1013. This
Agreement may also be obtained from a proxy server on the Internet
using the following URL: http://hdl.handle.net/1895.22/1013".
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python 1.6.1 or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
the changes made to Python 1.6.1.
4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS"
basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
6. This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
7. This License Agreement shall be governed by the federal
intellectual property law of the United States, including without
limitation the federal copyright law, and, to the extent such
U.S. federal law does not apply, by the law of the Commonwealth of
Virginia, excluding Virginia's conflict of law provisions.
Notwithstanding the foregoing, with regard to derivative works based
on Python 1.6.1 that incorporate non-separable material that was
previously distributed under the GNU General Public License (GPL), the
law of the Commonwealth of Virginia shall govern this License
Agreement only as to issues arising under or with respect to
Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this
License Agreement shall be deemed to create any relationship of
agency, partnership, or joint venture between CNRI and Licensee. This
License Agreement does not grant permission to use CNRI trademarks or
trade name in a trademark sense to endorse or promote products or
services of Licensee, or any third party.
8. By clicking on the "ACCEPT" button where indicated, or by copying,
installing or otherwise using Python 1.6.1, Licensee agrees to be
bound by the terms and conditions of this License Agreement.
ACCEPT
CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
--------------------------------------------------
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
The Netherlands. 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 copyright notice and this permission notice appear in
supporting documentation, and that the name of Stichting Mathematisch
Centrum or CWI not be used in advertising or publicity pertaining to
distribution of the software without specific, written prior
permission.
STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO
THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM 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.
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 Pfizer, Inc. 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.
Sun Microsystems, Inc. Binary Code License Agreement
for the JAVA SE DEVELOPMENT KIT (JDK), VERSION 6
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW 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 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 YOU MUST NOT USE THE
SOFTWARE ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE
SOFTWARE IS CONTAINED.
1. DEFINITIONS. "Software" means the identified above in
binary form, 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 Sun, and any user manuals,
programming guides and other documentation provided to you
by Sun 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,
netbooks, 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 Java technology applets and
applications intended to run on the Java Platform Standard
Edition (Java SE) platform on Java-enabled General Purpose
Desktop Computers and Servers.
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,
Sun grants you a non-exclusive, non-transferable, limited
license without license fees to reproduce and use
internally Software complete and unmodified for the sole
purpose of running Programs. Additional licenses for
developers and/or publishers are granted in the
Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted.
Title to Software and all associated intellectual property
rights is retained by Sun and/or its licensors. Unless
enforcement is prohibited by applicable law, you may not
modify, decompile, or reverse engineer Software. You
acknowledge that Licensed Software is not designed or
intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc.
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. Additional
restrictions for developers and/or publishers licenses are
set forth in the Supplemental License Terms.
4. 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. Any implied warranties on the Software
are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, 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.
5. 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.
6. 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.
7. 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. 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.
8. 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.
9. 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.
10. 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).
11. 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.
12. 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.
13. 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.
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. Software Internal Use and Development License Grant.
Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software
"README" file incorporated herein by reference, including,
but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun 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.
B. License to Distribute Software. Subject to the terms and
conditions of this Agreement and restrictions and
exceptions set forth in the Software README file,
including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun 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 protects Sun's
interests consistent with the terms contained in this
Agreement, and (vi) you agree to defend and indemnify Sun
and its licensors from and against any damages, costs,
liabilities, settlement amounts and/or expenses (including
attorneys' fees) incurred in connection with any claim,
lawsuit or action by any third party that arises or results
from the use or distribution of any and all Programs and/or
Software.
C. License to Distribute Redistributables. Subject to the
terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software README file, including
but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees 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, 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 protects Sun's interests consistent with the
terms contained in the Agreement, (vi) you agree to defend
and indemnify Sun and its licensors from and against any
damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection
with any claim, lawsuit or action by any third party that
arises or results from the use or distribution of any and
all Programs and/or Software.
D. 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.
E. Distribution by Publishers. This section pertains to
your distribution of the Software 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, in addition to the
license granted in Paragraph 1 above, Sun hereby grants to
you a non-exclusive, nontransferable limited right to
reproduce complete and unmodified copies of the Software 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 Software on a stand-alone basis; it must be distributed
with your Publication(s); (ii) You are responsible for
downloading the Software from the applicable Sun web site;
(iii) You must refer to the Software as JavaTM SE
Development Kit 6; (iv) The Software must be reproduced in
its entirety and without any modification whatsoever
(including, without limitation, the Binary Code License and
Supplemental License Terms accompanying the Software and
proprietary rights notices contained in the Software);
(v) The Media label shall include the following
information: Copyright 2006, Sun Microsystems, Inc. All
rights reserved. Use is subject to license terms. Sun, Sun
Microsystems, the Sun logo, Solaris, Java, the Java Coffee
Cup logo, J2SE, and all trademarks and logos based on Java
are trademarks or registered trademarks of Sun
Microsystems, Inc. in the U.S. and other countries. This
information must be placed on the Media label in such a
manner as to only apply to the Sun Software; (vi) You must
clearly identify the Software as Sun's product on the Media
holder or Media label, and you may not state or imply that
Sun 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 Software; (viii) You shall indemnify
Sun for all damages arising from your failure to comply
with the requirements of this Agreement. In addition, you
shall defend, at your expense, any and all claims brought
against Sun by third parties, and shall pay all damages
awarded by a court of competent jurisdiction, or such
settlement amount negotiated by you, arising out of or in
connection with your use, reproduction or distribution of
the Software and/or the Publication. Your obligation to
provide indemnification under this section shall arise
provided that Sun: (a) provides you prompt notice of the
claim; (b) gives you sole control of the defense and
settlement of the claim; (c) provides you, at your expense,
with all available information, assistance and authority to
defend; and (d) has not compromised or settled such claim
without your prior written consent; and (ix) You shall
provide Sun 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 Sun Microsystems, Inc., 4150 Network
Circle, M/S USCA12-110, Santa Clara, California 95054,
U.S.A , Attention: Contracts Administration.
F. 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.
G. Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software are
set forth in the THIRDPARTYLICENSEREADME.txt file. In
addition to any terms and conditions of any third party
opensource/freeware license identified in the
THIRDPARTYLICENSEREADME.txt file, the disclaimer of
warranty and limitation of liability provisions in
paragraphs 5 and 6 of the Binary Code License Agreement
shall apply to all Software in this distribution.
H. 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.
I. Installation and Auto-Update. The Software's
installation and auto-update processes transmit a limited
amount of data to Sun (or its service provider) about those
specific processes to help Sun understand and optimize
them. Sun does not associate the data with personally
identifiable information. You can find more information
about the data Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150
Network Circle, Santa Clara, California 95054, U.S.A.
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):
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.
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 Infrae 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 INFRAE 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) 2006-2010 by the respective authors (see AUTHORS file). 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 INFRAE 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) 2006, Yahoo! Inc. All rights reserved.
Redistribution and use of this software 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 Yahoo! Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo! Inc.
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.
MOZILLA PUBLIC LICENSE
Version 1.1
---------------
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
A.
1.7. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as
Original Code, and which, at the time of its release under this
License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus
any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code
differential comparisons against either the Original Code or another
well known, available Covered Code of the Contributor's choice. The
Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available
for no charge.
1.12. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes of
this definition, "control" means (a) the power, direct or indirect,
to cause the direction or management of such entity, whether by
contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such
entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications, and/or
as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2)
separate from the Original Code; or 3) for infringements caused
by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on an
unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions
of such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first makes Commercial Use of
the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the
Contributor Version; 2) separate from the Contributor Version;
3) for infringements caused by: i) third party modifications of
Contributor Version or ii) the combination of Modifications made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by
that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation
Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a
copy of this License with every copy of the Source Code You
distribute. You may not offer or impose any terms on any Source Code
version that alters or restricts the applicable version of this
License or the recipients' rights hereunder. However, You may include
an additional document offering the additional rights described in
Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License
either on the same media as an Executable version or via an accepted
Electronic Distribution Mechanism to anyone to whom you made an
Executable version available; and if made available via Electronic
Distribution Mechanism, must remain available for at least twelve (12)
months after the date it initially became available, or at least six
(6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for
ensuring that the Source Code version remains available even if the
Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
file documenting the changes You made to create that Covered Code and
the date of any change. You must include a prominent statement that
the Modification is derived, directly or indirectly, from Original
Code provided by the Initial Developer and including the name of the
Initial Developer in (a) the Source Code, and (b) in any notice in an
Executable version or related documentation in which You describe the
origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights
granted by such Contributor under Sections 2.1 or 2.2,
Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after
the Modification is made available as described in Section 3.2,
Contributor shall promptly modify the LEGAL file in all copies
Contributor makes available thereafter and shall take other steps
(such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered
Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which
are reasonably necessary to implement that API, Contributor must
also include this information in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source
Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include such notice in a
location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in
Exhibit A. You must also duplicate this License in any documentation
for the Source Code where You describe recipients' rights or ownership
rights relating to Covered Code. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. However, You
may do so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely clear than
any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included
in any notice in an Executable version, related documentation or
collateral in which You describe recipients' rights relating to the
Covered Code. You may distribute the Executable version of Covered
Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this
License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by
the Initial Developer or such Contributor as a result of any such
terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to
statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must
be included with all distributions of the Source Code. Except to the
extent prohibited by statute or regulation, such description must be
sufficiently detailed for a recipient of ordinary skill to be able to
understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation ("Netscape") may publish revised
and/or new versions of the License from time to time. Each version
will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms
of any subsequent version of the License published by Netscape. No one
other than Netscape has the right to modify the terms applicable to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that
the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
"MPL", "NPL" or any confusingly similar phrase do not appear in your
license (except to note that your license differs from this License)
and (b) otherwise make it clear that Your version of the license
contains terms which differ from the Mozilla Public License and
Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of themselves be deemed to be modifications of
this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure
such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License
shall survive.
8.2. If You initiate litigation by asserting a patent infringement
claim (excluding declatory judgment actions) against Initial Developer
or a Contributor (the Initial Developer or Contributor against whom
You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively,
unless if within 60 days after receipt of notice You either: (i)
agree in writing to pay Participant a mutually agreeable reasonable
royalty for Your past and future use of Modifications made by such
Participant, or (ii) withdraw Your litigation claim with respect to
the Contributor Version against such Participant. If within 60 days
of notice, a reasonable royalty and payment arrangement are not
mutually agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of
the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any patent, then
any rights granted to You by such Participant under Sections 2.1(b)
and 2.2(b) are revoked effective as of the date You first made, used,
sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or
license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those
rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if
any, provides otherwise), excluding its conflict-of-law provisions.
With respect to disputes in which at least one party is a citizen of,
or an entity chartered or registered to do business in the United
States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County,
California, with the losing party responsible for costs, including
without limitation, court costs and reasonable attorneys' fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this
License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the NPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations
under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by ______________________ are Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms
of the _____ license (the "[___] License"), in which case the
provisions of [______] License are applicable instead of those
above. If you wish to allow use of your version of this file only
under the terms of the [____] License and not to allow others to use
your version of this file under the MPL, indicate your decision by
deleting the provisions above and replace them with the notice and
other provisions required by the [___] License. If you do not delete
the provisions above, a recipient may use your version of this file
under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]
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.
NOTICE TO USER: THIS LICENSE
AGREEMENT GOVERNS INSTALLATION AND USE OF THE ADOBE SOFTWARE
DESCRIBED HEREIN BY LICENSEES OF SUCH SOFTWARE. LICENSEE AGREES
THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED
BY LICENSEE. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND
DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, OR
DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, LICENSEE
ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS
AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS
AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM
INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE
SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S
BEHALF.
THIS AGREEMENT SHALL APPLY ONLY TO
THE SOFTWARE TO WHICH LICENSEE HAS OBTAINED A VALID LICENSE,
REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED
HEREIN.
LICENSEE’S RIGHTS UNDER
THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN
A SEPARATE WRITTEN AGREEMENT WITH ADOBE THAT SUPPLEMENTS OR
SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT.
1. Definitions.
1.1 “Adobe” means
Adobe Systems Incorporated, a Delaware corporation, 345 Park
Avenue, San Jose, California 95110, if subsection 7(a) of this
Agreement applies; otherwise it means Adobe Systems Software
Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart
D24, Dublin, Republic of Ireland, a company organized under the
laws of Ireland and an affiliate and licensee of Adobe Systems
Incorporated.
1.2 “Authorized
Users” means employees and individual contractors (i.e.,
temporary employees) of Licensee.
1.3 “Computer”
means one or more central processing units
(“CPU”) in a hardware device (including hardware
devices accessed by multiple users through a network
(“Server”)) that accepts information in digital
or similar form and manipulates it for a specific result based on a
sequence of instructions.
1.4 “Internal
Network” means Licensee’s private, proprietary
network resource accessible only by Authorized Users.
“Internal Network” specifically excludes the
Internet (as such term is commonly defined) or any other network
community open to the public, including membership or subscription
driven groups, associations or similar organizations. Connection by
secure links such as VPN or dial up to Licensee’s Internal
Network for the purpose of allowing Authorized Users to use the SDK
Components should be deemed use over an Internal
Network.
1.5 “Sample Code”
means sample software in source code format and found in
directories labeled “samples” and
“templates.”
1.6 “SDK
Components” means the files, libraries, and executables
(i) contained in the directories labeled flex_sdk_3, or as
applicable, subsequently labeled directories(e.g.flex_sdk_4, etc.)
, and/or (ii) that are described in a “Read Me”
file or other similar file as being included as part of the Flex
Software Development Kit and/or SDK Components and governed by this
Agreement, including the Professional Component Source Files (as
defined below in Section 2.1), build files, compilers, and related
information, as well as the file format specifications, if
any.
2. License.
Subject to the terms and conditions
of this Agreement, Adobe grants to Licensee a perpetual,
non-exclusive license to use the SDK Components delivered hereunder
according to the terms and conditions of this Agreement, on
Computers connected to Licensee’s Internal Network, on the
licensed platforms and configurations.
2.1 SDK Components.
2.1.1 License Grant.
(a) SDK Components. Subject to the
terms and conditions of this Agreement, Adobe grants Licensee a
non-exclusive, nontransferable license to (A) use the SDK
Components for the sole purpose of internally developing Developer
Programs, and (B) use the SDK Components as part of
Licensee’s website for the sole purpose of compiling the
Developer Programs that are distributed through the
Licensee’s website.
(b) Professional Component Source
Files. Subject to the terms and conditions of this Agreement, with
respect to each Professional Component Source File, Adobe grants
Licensee a non-exclusive, nontransferable license to (A) modify and
reproduce such Professional Component Source File (as defined
below) for use as a component of Developer Programs that add
Material Improvements to such Professional Component Source File,
and (B) distribute such Professional Component Source File in
object code form and/or source code form only as a component of
Developer Programs that add Material Improvements to such
Professional Component Source File, provided that (1) such
Developer Programs are designed to operate in connection with Adobe
Flex Builder, Adobe Flex Data Services Software, Adobe LiveCycle
Data Services Software or the SDK Components, (2) Licensee
distributes such object code and/or source code under the terms and
conditions of an End User License Agreement, (3) Licensee includes
a copyright notice reflecting the copyright ownership of Developer
in such Developer Programs, (4) Licensee shall be solely
responsible to its customers for any update or support obligation
or other liability which may arise from such distribution, (5)
Licensee does not make any statements that its Developer Program is
“certified,” or that its performance is
guaranteed, by Adobe, (6) Licensee does not use Adobe’s
name or trademarks to market its Developer Programs without written
permission of Adobe, (7) Licensee does not delete or in any manner
alter the copyright notices, trademarks, logos or related notices,
or other proprietary rights notices of Adobe (and its licensors, if
any) appearing on or within such Professional Component Source File
and/or SDK Components, or any documentation relating to the SDK
Components, (8) Licensee causes any modified files to carry
prominent notices stating that Licensee changed the files, (9)
Licensee does not use “mx,”
“mxml,” “flex,”
“flash,” “livecycle” or
“adobe” in any new package or class names
distributed with such Professional Component Source File, and (10)
Licensee complies with the below Adobe® AIR™ Trademark
Use Terms. Any modified or merged portion of Professional Component
Source Files is subject to this Agreement. For the avoidance of
doubt, Licensee shall have no rights to the Professional Component
Source Files (or the object code form of such files), except to the
extent such Professional Component Source Files are provided to
Licensee in connection with Licensee’s licensing of Flex
Builder Professional.
(c) “Adobe®
AIR™” is a trademark of Adobe that may not be used
by others except under a written license from Adobe. Licensee may
not incorporate the Adobe AIR trademark, or any other Adobe
trademark, in whole or in part, in the title of your Developer
Programs or in your company name, domain name or the name of a
service related to Adobe AIR. Licensee may indicate the
interoperability of its Developer Program with the Adobe AIR
runtime software, if true, by stating, for example, “works
with Adobe® AIR™” or “for Adobe®
AIR™.” Licensee may use the Adobe AIR trademark to
refer to its Developer Program as an “Adobe®
AIR™ application” only as a statement that its
Developer Program interoperates with the Adobe AIR runtime
software. For purposes of this Agreement, the terms in this
paragraph shall constitute the “Adobe® AIR™
Trademark Use Terms.”
2.1.2 Definitions Related To SDK
Components.
(a) “Developer
Programs” shall mean programs that are built consisting
partly of the Professional Component Source Files and other SDK
Components and partly of user’s Material Improvement to
add to or extend the Professional Component Source
Files.
(b) “End User License
Agreement” means an end user license agreement that
provides a: (1) limited, nonexclusive right to use the subject
Developer Program; (2) set of provisions that ensures that any
sublicensee of Licensee exercising the rights in such End User
License Agreement complies with all restrictions and obligations
set forth herein with respect to SDK Components; (3) prohibition
against reverse engineering, decompiling, disassembling or
otherwise attempting to discover the source code of the subject
Developer Program that is substantially similar to that set forth
in Section 2.3.1 below; (4) statement that, if Licensee’s
customer requires any Adobe software in order to use the Developer
Program, (i) Licensee’s customer must obtain such Adobe
software via a valid license, and (ii) Licensee’s
customer’s use of such Adobe software must be in
accordance with the terms and conditions of the end user license
agreement that ships with such Adobe software; (5) statement that
Licensee and its suppliers retain all right, title and interest in
the subject Developer Program that is substantially similar to that
set forth as Section 3 below, (6) statement that
Licensee’s suppliers disclaim all warranties, conditions,
representations or terms with respect to the subject Developer
Program, and (7) limit of liability that disclaims all liability
for the benefit of Licensee’s suppliers.
(c) “Material
Improvement” shall mean perceptible, measurable and
definable improvements to the Professional Component Source Files
that provide extended or additional significant and primary
functionality that add significant business value to the
Professional Component Source Files.
(d) “Professional Component
Source File” shall mean, if Licensee receives the SDK
Components in connection with licensing Flex Builder, each Flex
Framework source code file that is provided with the SDK
Components in the directory labeled fbpro and/or another directory
or directories as specified by Adobe from time to time.
2.1.3 Restrictions.
(a) General Restrictions. Except for
the limited distribution rights as provided in Section 2.1.1 above
with respect to Professional Component Source Files, Licensee may
not distribute, sell, sublicense, rent, loan, or lease the SDK
Components and/or any component thereof to any third party.
Licensee also agrees not to add or delete any program files that
would modify the functionality and/or appearance of other Adobe
software and/or any component thereof.
(b) Development Restrictions.
Licensee agrees that Licensee will not use the SDK Components to
create, develop or use any program, software or service which (1)
contains any viruses, Trojan horses, worms, time bombs, cancelbots
or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; (2) when used
in the manner in which it is intended, violates any material law,
statute, ordinance or regulation (including without limitation the
laws and regulations governing export control, unfair competition,
antidiscrimination or false advertising); or (3) interferes with
the operability of other Adobe or third-party programs or
software.
(c) Indemnification. Licensee agrees
to defend, indemnify, and hold Adobe and its suppliers harmless
from and against any claims or lawsuits, including
attorneys’ reasonable fees, that arise or result from the
use or distribution of Developer Programs, provided that Adobe
gives Licensee prompt written notice of any such claim, tenders to
Licensee the defense or settlement of such a claim at
Licensee’s expense, and cooperates with Licensee, at
Licensee’s expense, in defending or settling such
claim.
2.2 Sample Code. Licensee may modify
the Sample Code solely for the purposes of designing, developing
and testing Licensee’s own software applications. However,
Licensee is permitted to use, copy and redistribute its modified
Sample Code only if all of the following conditions are met: (a)
Licensee includes Adobe’s copyright notice (if any) with
Licensee’s application, including every location in which
any other copyright notice appears in such application; and (b)
Licensee does not otherwise use Adobe’s name, logos or
other Adobe trademarks to market Licensee’s application.
Licensee agrees to defend, indemnify, and hold Adobe and its
suppliers harmless from and against any claims or lawsuits,
including attorneys’ reasonable fees, that arise or result
from the use or distribution of Licensee’s applications,
provided that Adobe gives Licensee prompt written notice of any
such claim, tenders to Licensee the defense or settlement of such a
claim at Licensee’s expense, and cooperates with Licensee,
at Licensee’s expense, in defending or settling such
claim.
2.3 Restrictions
2.3.1 No Modifications, No Reverse
Engineering. Except as specifically provided herein , Licensee
shall not modify, port, adapt or translate the SDK Components.
Licensee shall not reverse engineer, decompile, disassemble or
otherwise attempt to discover the source code of the SDK
Components. Notwithstanding the foregoing, decompiling the SDK
Components is permitted to the extent the laws of
Licensee’s jurisdiction give Licensee the right to do so
to obtain information necessary to render the SDK Components
interoperable with other software; provided, however, that Licensee
must first request such information from Adobe and Adobe may, in
its discretion, either provide such information to Licensee or
impose reasonable conditions, including a reasonable fee, on such
use of the source code to ensure that Adobe’s and its
suppliers’ proprietary rights in the source code for the
SDK Components are protected.
2.3.2 No Unbundling. The SDK
Components may include various applications, utilities and
components, may support multiple platforms and languages or may be
provided to Licensee on multiple media or in multiple copies.
Nonetheless, the SDK Components are designed and provided to
Licensee as a single product to be used as a single product on
Computers and platforms as permitted herein. Licensee is not
required to use all component parts of the SDK Components, but
Licensee shall not unbundle the component parts of the SDK
Components for use on different Computers. Licensee shall not
unbundle or repackage the SDK Components for distribution, transfer
or resale.
2.3.3 No Transfer. Licensee shall
not sublicense, assign or transfer the SDK Components or
Licensee’s rights in the SDK Components, or authorize any
portion of the SDK Components to be copied onto or accessed from
another individual’s or entity’s Computer except
as may be explicitly provided in this Agreement. Notwithstanding
anything to the contrary in this Section 2.3.3, Licensee may
transfer copies of the SDK Components installed on one of
Licensee’s Computers to another one of Licensee’s
Computers provided that the resulting installation and use of the
SDK Components is in accordance with the terms of this Agreement
and does not cause Licensee to exceed Licensee’s right to
use the SDK Components under this Agreement.
2.3.4 Prohibited Use. Except as
expressly authorized under this Agreement, Licensee is prohibited
from: (a) using the SDK Components on behalf of third parties; (b)
renting, leasing, lending or granting other rights in the SDK
Components including rights on a membership or subscription basis;
and (c) providing use of the SDK Components in a computer service
business, third party outsourcing facility or service, service
bureau arrangement, network, or time sharing basis.
2.3.5 Export Rules. Licensee agrees
that the SDK Components will not be shipped, transferred or
exported into any country or used in any manner prohibited by the
United States Export Administration Act or any other export laws,
restrictions or regulations (collectively the “Export
Laws”). In addition, if the SDK Components is identified
as an export controlled item under the Export Laws, Licensee
represents and warrants that Licensee is not a citizen of, or
located within, an embargoed or otherwise restricted nation
(including Iran, Iraq, Syria, Sudan, Libya, Cuba and North Korea)
and that Licensee is not otherwise prohibited under the Export Laws
from receiving the SDK Components. All rights to install and use
the SDK Components are granted on condition that such rights are
forfeited if Licensee fails to comply with the terms of this
Agreement.
3. Intellectual Property
Rights.
The SDK Components and any copies
that Licensee is authorized by Adobe to make are the intellectual
property of and are owned by Adobe Systems Incorporated and its
suppliers. The structure, organization and code of the SDK
Components are the valuable trade secrets and confidential
information of Adobe Systems Incorporated and its suppliers. The
SDK Components is protected by copyright, including without
limitation by United States Copyright Law, international treaty
provisions and applicable laws in the country in which it is being
used. Except as expressly stated herein, this Agreement does not
grant Licensee any intellectual property rights in the SDK
Components and all rights not expressly granted are reserved by
Adobe.
4. Updates.
If the SDK Components is an upgrade
or update to a previous version of the SDK Components, Licensee
must possess a valid license to such previous version in order to
use such upgrade or update. All upgrades and updates are provided
to Licensee subject to the terms of this Agreement on a license
exchange basis. Licensee agrees that by using an upgrade or update,
Licensee voluntarily terminates Licensee’s right to use
any previous version of the SDK Components. As an exception,
Licensee may continue to use previous versions of the SDK
Components on Licensee’s Computers after Licensee obtains
the upgrade or update but only for a reasonable period of time to
assist Licensee in the transition to the upgrade or update, and
further provided that such simultaneous use shall not be deemed to
increase the number of copies, licensed amounts or scope of use
granted to Licensee hereunder. Upgrades and updates may be licensed
to Licensee by Adobe with additional or different terms.
5. NO WARRANTY.
No Warranty. Licensee acknowledges
that the SDK Components is provided to Licensee “AS
IS,” and Adobe disclaims any warranty or liability
obligations to Licensee of any kind. Licensee acknowledges that
ADOBE MAKES NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY OF ANY KIND
WITH RESPECT TO THE SDK COMPONENTS INCLUDING, BUT NOT LIMITED TO,
ANY WARRANTY WITH REGARD TO PERFORMANCE, MERCHANTABILITY,
SATISFACTORY QUALITY, NONINFRINGEMENT OR FITNESS FOR ANY PARTICULAR
PURPOSE. Adobe is not obligated to provide maintenance, technical
support or updates to Licensee for any SDK Components. The
foregoing limitations, exclusions and limitations shall apply to
the maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.
6. LIMITATION OF
LIABILITY.
IN NO EVENT WILL ADOBE, ITS
AFFILIATES OR ITS SUPPLIERS BE LIABLE TO LICENSEE FOR ANY LOSS,
DAMAGES, CLAIMS OR COSTS WHATSOEVER INCLUDING ANY CONSEQUENTIAL,
INDIRECT OR INCIDENTAL DAMAGES, ANY LOST PROFITS OR LOST SAVINGS,
ANY DAMAGES RESULTING FROM BUSINESS INTERRUPTION, PERSONAL INJURY
OR FAILURE TO MEET ANY DUTY OF CARE, OR CLAIMS BY A THIRD PARTY
EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS. THE FOREGOING LIMITATIONS
AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN
LICENSEE’S JURISDICTION. ADOBE’S AGGREGATE
LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN
CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID
FOR THE SDK COMPONENTS, IF ANY. THIS LIMITATION WILL APPLY EVEN IN
THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE
FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT. Nothing contained
in this Agreement limits Adobe’s liability to Licensee in
the event of death or personal injury resulting from
Adobe’s negligence or for the tort of deceit (fraud).
Adobe is acting on behalf of its affiliates and suppliers for the
purpose of disclaiming, excluding and limiting obligations,
warranties and liability, but in no other respects and for no other
purpose. For further information, please see the jurisdiction
specific information at the end of this agreement, if any, or
contact Adobe’s Licensee Support Department.
7. Governing
Law.
This Agreement, each transaction
entered into hereunder, and all matters arising from or related to
this Agreement (including its validity and interpretation), will be
governed and enforced by and construed in accordance with the
substantive laws in force in: (a) the State of California, if a
license to the SDK Components is acquired when Licensee is in the
United States, Canada, or Mexico; or (b) Japan, if a license to the
SDK Components is acquired when Licensee is in Japan, China, Korea,
or other Southeast Asian country where all official languages are
written in either an ideographic script (e.g., hanzi, kanji, or
hanja), and/or other script based upon or similar in structure to
an ideographic script, such as hangul or kana; or (c) England, if a
license to the SDK Components is purchased when Licensee is in any
other jurisdiction not described above. The respective courts of
Santa Clara County, California when California law applies, Tokyo
District Court in Japan, when Japanese law applies, and the
competent courts of London, England, when the law of England
applies, shall each have non-exclusive jurisdiction over all
disputes relating to this Agreement. This Agreement will not be
governed by the conflict of law rules of any jurisdiction or the
United Nations Convention on Contracts for the International Sale
of Goods, the application of which is expressly excluded.
8. General
Provisions.
If any part of this Agreement is
found void and unenforceable, it will not affect the validity of
the balance of this Agreement, which shall remain valid and
enforceable according to its terms. Updates may be licensed to
Licensee by Adobe with additional or different terms. The English
version of this Agreement shall be the version used when
interpreting or construing this Agreement. This is the entire
agreement between Adobe and Licensee relating to the SDK Components
and it supersedes any prior representations, discussions,
undertakings, communications or advertising relating to the SDK
Components.
9. Notice to U.S. Government End
Users.
9.1 Commercial Items. The SDK
Components and any documentation are “Commercial
Item(s),” as that term is defined at 48 C.F.R. Section
2.101, consisting of “Commercial Computer
Software” and “Commercial Computer Software
Documentation,” as such terms are used in 48 C.F.R.
Section 12.212 or 48 C.F.R. Section 227.7202, as applicable.
Consistent with 48 C.F.R. Section 12.212 or 48 C.F.R. Sections
227.7202-1 through 227.7202-4, as applicable, the Commercial
Computer Software and Commercial Computer Software Documentation
are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
Unpublished-rights reserved under the copyright laws of the United
States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA
95110-2704, USA.
9.2 U.S. Government Licensing of
Adobe Technology. Licensee agrees that when licensing Adobe SDK
Components for acquisition by the U.S. Government, or any
contractor therefore, Licensee will license consistent with the
policies set forth in 48 C.F.R. Section 12.212 (for civilian
agencies) and 48 C.F.R. Sections 227-7202-1 and 227-7202-4 (for the
Department of Defense). For U.S. Government End Users, Adobe agrees
to comply with all applicable equal opportunity laws including, if
appropriate, the provisions of Executive Order 11246, as amended,
Section 402 of the Vietnam Era Veterans Readjustment Assistance Act
of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of
1973, as amended, and the regulations at 41 CFR Parts 60-1 through
60-60, 60-250, and 60-741. The affirmative action clause and
regulations contained in the preceding sentence shall be
incorporated by reference in this Agreement.
10. Compliance with
Licenses.
Adobe may, at its expense, and no
more than once every twelve (12) months, appoint its own personnel
or an independent third party to verify the number of copies and
installations as well as usage of the Adobe software in use by
Licensee. Any such verification shall be conducted upon seven (7)
business days notice, during regular business hours at
Licensee’s offices and shall not unreasonably interfere
with Licensee’s business activities. Both Adobe and its
auditors shall execute a commercially reasonable non-disclosure
agreement with Licensee before proceeding with the verification. If
such verification shows that Licensee is using a greater number of
copies of the SDK Components than that legitimately licensed, or
are deploying or using the SDK Components in any way not permitted
under this Agreement and which would require additional license
fees, Licensee shall pay the applicable fees for such additional
copies within thirty (30) days of invoice date, with such underpaid
fees being the license fees as per Adobe’s then-current,
country specific, license fee list. If underpaid fees are in excess
of five percent (5%) of the value of the fees paid under this
Agreement, then Licensee shall pay such underpaid fees and
Adobe’s reasonable costs of conducting the verification.
This Section shall survive expiration or termination of this
Agreement for a period of two (2) years.
11. Third-Party
Beneficiary.
Licensee acknowledges and agrees
that Adobe’s licensors (and/or Adobe if Licensee obtained
the SDK Components from any party other than Adobe) are third party
beneficiaries of this Agreement, with the right to enforce the
obligations set forth herein with respect to the respective
technology of such licensors and/or Adobe.
12. Specific Provisions and
Exceptions.
This section sets forth specific
provisions related to certain components of the SDK Components as
well as limited exceptions to the above terms and conditions. To
the extent that any provision in this section is in conflict with
any other term or condition in this agreement, this section will
supersede such other term or condition.
12.1 Limitation of Liability for
Users Residing in Germany and Austria.
12.1.1 If Licensee obtained the SDK
Components in Germany or Austria, and Licensee usually resides in
such country, then Section 6 does not apply. Instead, subject to
the provisions in Section 12.1.2, Adobe and its
affiliates’ statutory liability for damages will be
limited as follows: (i) Adobe and its affiliates will be liable
only up to the amount of damages as typically foreseeable at the
time of entering into the purchase agreement in respect of damages
caused by a slightly negligent breach of a material contractual
obligation and (ii) Adobe and its affiliates will not be liable for
damages caused by a slightly negligent breach of a non-material
contractual obligation.
12.1.2 The aforesaid limitation of
liability will not apply to any mandatory statutory liability, in
particular, to liability under the German Product Liability Act,
liability for assuming a specific guarantee or liability for
culpably caused personal injuries.
12.1.3 Licensee is required to take
all reasonable measures to avoid and reduce damages, in particular
to make back-up copies of the SDK Components and
Licensee’s computer data subject to the provisions of this
agreement.
13. Third Party
Software.
The Software may contain third party
software which requires notices and/or additional terms and
conditions. Such required third party software notices and/or
additional terms and conditions are located at http://www.adobe.com/go/thirdparty
(or a successor website thereto) and are made a
part of and incorporated by reference into this Agreement.
If Licensee has any questions
regarding this agreement or if Licensee wishes to request any
information from Adobe please use the address and contact
information included with this product to contact the Adobe office
serving Licensee’s jurisdiction.
Adobe is either a registered
trademark or trademark of Adobe Systems Incorporated in the United
States and/or other countries.
1.PURPOSE. Novell makes available the Novell developer software and documentation (the "Software") under the terms of this Novell Developer License Agreement. If You do not agree to these terms, You may not access or use the Software.
2.DEFINITIONS. The following terms have the meanings assigned to the below:
"Derivative Software" means the Binary code Software and/or Binary code that results from your compilation of modified or unmodified source code Software. Derivative Software may not include Early Access Release Materials or Internal Tools.
"Developer Product" means Your own computer product that incorporates Derivative Software and does not substantially duplicate the capabilities or compete with the Derivative Software or the Software.
"Early Access Release Materials" means Software and/or Documentation Novell identifies as "beta", "pre-release," "futures," or as an "early access release."
"Internal Tools" means compatibility criteria, test suites, test tools, end user products, and other programs designed to aid in the development of, but not be incorporated in, Derivative Software Products.
3.LICENSES. Use of the Software and Documentation is subject to the restrictions contained in this Agreement. The Software contains various software programs with different license rights. Novell grants You the non-exclusive, non-transferable right to: a) internally use the Early Access Release Materials and Internal Tools in support of Your efforts to develop Derivative Software hereunder (but You may not include any portion of Early Access Release Materials or Internal Tools in Derivative Software); b) use, modify, and compile source code Software for the purpose of creating Developer Products, if the source code Software is identified as licensed for use in creating Developer Products; and, c) reproduce and distribute Derivative Software as part of a Developer Product.
Additional License Grants. Sample source code or other files that are made available as part of the Software may include a license grant that is broader then the license granted above in 3. If so, while Your use of such files is governed by the terms of this Novell Developer License Agreement, the license grants for such files are as described in the license language included with the files.
Open Source Software. Your license to use software that is provided subject to a separate open source license is described in and subject to the license agreement included with the software.
Third Party Products. As a service to You, certain third party software products may be made available to You from Novell. Your license to use such products is as described in and subject to the license agreement provided by the third party.
4.RESTRICTED SOFTWARE. Notwithstanding anything to the contrary in this Agreement, portions of the Software and/or Documentation may be subject to restrictions set forth in terms that accompany those portions. You agree to abide by such restrictions. If such restrictions are unacceptable to You, You may not use the Software.
5.RESERVATION OF RIGHTS. Novell reserves all rights not expressly granted to You. Without limiting the generality of the foregoing You: a) acknowledge that the source code of the binary code Software represents and embodies trade secrets of Novell or its licensors (except for source code made publicly available by the licensor); b) agree not to disassemble, decompile, or otherwise reverse engineer the binary code Software to discover the source code and/or trade secrets embodied in the source code; c) acknowledge that Novell has not authorized You to rent, lease, and/or time share the Software; and, d) while certain test tools and test suites may be provided, YOU AGREE THAT ONLY NOVELL CAN ISSUE AND PUBLISH TEST BULLETINS OR AUTHORIZE USE OF THE "YES" OR OTHER NOVELL LOGOS.
6.EARLY ACCESS MATERIALS. Novell does not represent or warrant that it will make the Early Access Materials generally available to the public or that any target dates will be met. Novell may change or cancel its plans at any time. You acknowledge that any Early Access Release product is of pre-release quality, has not been fully tested, and may contain errors; You assume the entire risk arising out of the use of the Early Access Release Software and any information provided with the Early Access Release Software.
7.SUPPORT. Novell shall have no obligation to provide support to You or to users of Developer Product(s).
8.TERM AND TERMINATION. This License will become effective on the date you acquire the Software and will remain in force until terminated. You may terminate this License at any time by destroying the Documentation and the Software together with all copies and adaptations. This License shall also automatically terminate if you breach any of the terms or conditions. You agree to destroy the original and all adaptations or copies of the Software and Documentation, or to return them to Novell upon termination of this License. Your right to use any Early Access Release Software will terminate upon the earlier of (i) first commercial shipment by Novell of the Early Access Release product, (ii) other termination of this Agreement, or (iii) time-based or other disabling of the Early Access Release product. Upon termination of this Agreement, end users of the Developer Product may continue to use the Developer Product under the terms of their license from You. You will have the right to maintain one copy of each version of the source code Software and/or the Developer Product but only for the purpose and to the extent reasonably necessary for you to provide support and maintenance to end users.
9.AUDIT. Upon reasonable notice, Novell may at its own expense audit your site(s) to ensure compliance with this Agreement. Novell will notify you in writing of any deficiency in compliance and will provide a recommended plan for resolving outstanding issues. Your failure to cure such deficiencies within 30 days after receipt of the written notification will constitute a material breach and will be grounds for immediate termination of this Agreement.
10.DEVELOPER INDEMNIFICATION. You agree to indemnify, defend and hold Novell harmless from all damages, liabilities and expenses incurred by Novell as a result of any claim, or judgment against Novell by any third party arising out of, or connected in any manner with, distribution or use of software created by You through the use of Software licensed to You under this Agreement or arising out of breach of this Agreement. If Novell receives notice of such a claim, Novell will promptly notify You in writing and allow You sole control of the defense of any such claim or action and all negotiations for its settlement and compromise, provided You give adequate assurances that You will diligently pursue resolution of the claim.
11.TRANSFER. This Agreement may not be transferred or assigned without Novell's prior written approval.
12.GOVERNING LAW. Except as otherwise restricted by law, this License shall be governed by, and interpreted in accordance with, the laws of the State of Utah of the United States of America, without regard to Utah law governing conflicts of law. This Agreement shall be treated as though it were executed in Utah County, Utah. Any action relating to this License agreement shall be brought in a Utah court of competent jurisdiction.
13.ENTIRE AGREEMENT. This Agreement sets forth the entire understanding and License between you and Novell and may be amended only in a writing signed by both parties. No vendor, distributor, dealer, retailer, sales person or other person is authorized to modify this license or to make any warranty, representation or promise which is different than, or in addition to, the representations or promises of this license. This Agreement is not assignable by you in whole or in part without Novell's prior written approval.
14.SEVERABILITY / WAIVER. If a provision is invalid or unenforceable, the remaining provisions will remain in effect and the parties will amend the Agreement to reflect the original agreement to the maximum extent possible. No waiver of any contractual right will be effective unless in writing by an authorized representative of the waiving party. No waiver of a right arising from any breach or failure to perform will be deemed a waiver of any future right.
15.DISCLAIMER. EXCEPT AS OTHERWISE RESTRICTED BY LAW, THE SOFTWARE AND ANY ASSOCIATED SERVICES ARE PROVIDED "AS IS." NOVELL MAKES NO WARRANTY, REPRESENTATION OR PROMISE. NOVELL DISCLAIMS AND EXCLUDES ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NOVELL DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY YOUR REQUIREMENTS OR THAT THE SOFTWARE IS WITHOUT DEFECT OR ERROR OR THAT ITS OPERATION WILL BE UNINTERRUPTED. Some states do not allow some limitations on implied warranties, so the above limitations may not fully apply to you. This warranty gives you specific legal rights which vary from state to state.
16.LIMITATION OF LIABILITY. NEITHER NOVELL NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS SHALL IN ANY CASE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR REVENUE, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COSTS OF RE-CREATING LOST DATA, OR THE COST OF ANY SUBSTITUTE EQUIPMENT OR PROGRAM), INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EXCEPT AS OTHERWISE RESTRICTED BY LAW, NOVELL'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SOFTWARE OR ANY ASSOCIATED SERVICES IS LIMITED TO THE GREATER OF $100 OR THE TOTAL OF PAYMENTS MADE FOR SUCH SERVICES. Some states do not allow the complete exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not fully apply to you.
17.EXPORT. You may not export, re-export, or use the Software in violation of any applicable laws or regulations including, without limitation, U.S. export regulations or the laws of the country in which you reside. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in FAR s 52.227-14 (June 1987) Alternate III(g)(3) (June 1987), FAR s 52.227-19 (June 1987), or DFARS s 52.227-7013 (c)(1)(ii) (June 1988), as applicable. Contractor/Manufacturer is Novell, Inc., 1800 S. Novell Place, Provo, Utah 84606. OTHER. Those terms which by their nature extend beyond termination of this Agreement shall survive and remain in effect until all obligations are satisfied. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Oracle Technology Network Development and Distribution License Terms
Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply,
now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba,
Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly,
to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals,
Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the
United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons
on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited
by United States law, including, without limitation, for the development, design, manufacture or production
of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and other applicable export and import laws govern your use
of the programs, 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 programs 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.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose
of distributing it to customers. Oracle products are available to employees for internal use or demonstration
purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law,
failure to comply with this policy could result in disciplinary action
up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement
terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs
and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
Oracle Technology Network Development and Distribution License Agreement
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries and affiliates
under common control. "You" and "your" refers to the
individual or entity that wishes to use the programs from Oracle. "Programs"
refers to the software product you wish to download and use and program
documentation. "License" refers to your right to use the programs
under the terms of this agreement. 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,
San Mateo, or Santa Clara counties in California in any dispute arising
out of or relating to this agreement.
We are willing to license the programs to you only upon the condition
that you accept all of the terms contained in this agreement. Read the
terms carefully and select the "Accept" button at the bottom
of the page to confirm your acceptance. If you are not willing to be bound
by these terms, select the "Do Not Accept" button and the registration
process will not continue.
License Rights
We grant you a nonexclusive, nontransferable limited license to use the
programs: (a) for purposes of developing, testing, prototyping and
running applications you have developed for your own internal data processing
operations; (b) to distribute the programs with applications
you have developed to your customers provided that each such licensee
agrees to license terms consistent with the terms of this Agreement,
you do not charge your end users any additional fees for the use of the
programs, and your end users may only use the programs to run your
applications for their own business operations; and (c) to use the programs
to provide third party demonstrations and training. You are not
permitted to use the programs for any purpose other than as permitted
under this Agreement. If you want to use the programs for any purpose
other than as expressly permitted under this agreement you must contact
us, or an Oracle reseller, to obtain the appropriate license. We may
audit your use and distribution of the programs. Program documentation
is either shipped with the programs, or documentation may accessed
online at http://otn.oracle.com/docs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs.
You may make a sufficient number of copies of the programs for the licensed
use and one copy of the programs for backup purposes.
You may not:
- use the programs for any purpose other than as provided above;
- distribute the programs unless accompanied with your applications;
- charge your end users for use of the programs;
- remove or modify any program markings or any notice of our proprietary
rights;
- use the programs to provide third party training on the content and/or
functionality of the programs, except for training your licensed users;
- assign this agreement or give the programs, program access or an interest
in the programs to any individual or entity except as provided under this
agreement;
- cause or permit reverse engineering (unless required by law for interoperability),
disassembly or decompilation of the programs;
- disclose results of any program benchmark tests without our prior consent.
Program Distribution
We grant you a nonexclusive, nontransferable right to copy and distribute
the programs to your end users provided that you do not charge your end
users for use of the programs and provided your end users may only use
the programs to run your applications for their business operations. Prior
to distributing the programs you shall require your end users to execute
an agreement binding them to terms consistent with those contained in
this section and the sections of this agreement entitled "License
Rights," "Ownership and Restrictions," "Export,"
"Disclaimer of Warranties and Exclusive Remedies," "No
Technical Support," "End of Agreement," "Relationship
Between the Parties," and "Open Source." You must also
include a provision stating that your end users shall have no right to
distribute the programs, and a provision specifying us as a third party
beneficiary of the agreement. You are responsible for obtaining these
agreements with your end users.
You agree to: (a) defend and indemnify us against all claims and damages
caused by your distribution of the programs in breach of this agreements
and/or failure to include the required contractual provisions in your
end user agreement as stated above; (b) keep executed end user agreements
and records of end user information including name, address, date of distribution
and identity of programs distributed; (c) allow us to inspect your end
user agreements and records upon request; and, (d) enforce the terms of
your end user agreements so as to effect a timely cure of any end user
breach, and to notify us of any breach of the terms.
Export
You agree that U.S. export control laws and other applicable export and
import laws govern your use of the programs, including technical data;
additional information can be found on Oracle's Global Trade Compliance
web site located at http://www.oracle.com/products/export/index.html?content.html.
You agree that neither the programs 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.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
WE FURTHER DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT
EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
No Technical Support
Our technical support organization will not provide technical support,
phone support, or updates to you for the programs licensed under this
agreement.
Restricted Rights
If you distribute a license to the United States government, the programs,
including documentation, shall be considered commercial computer software
and you will place a legend, in addition to applicable copyright notices,
on the documentation, and on the media label, substantially similar to
the following:
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are 'commercial
computer software' and use, duplication, and disclosure of the programs,
including documentation, shall be subject to the licensing restrictions
set forth in the applicable Oracle license agreement. Otherwise, programs
delivered subject to the Federal Acquisition Regulations are 'restricted
computer software' and use, duplication, and disclosure of the programs,
including documentation, shall be subject to the restrictions in FAR 52.227-19,
Commercial Computer Software-Restricted Rights (June 1987). Oracle America, Inc., 500 Oracle Parkway, Redwood City, CA 94065."
End of Agreement
You may terminate this agreement by destroying all copies of the programs.
We have the right to terminate your right to use the programs if you fail
to comply with any of the terms of this agreement, in which case you shall
destroy all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither
party will represent that it has any authority to assume or create any
obligation, express or implied, on behalf of the other party, nor to represent
the other party as agent, employee, franchisee, or in any other capacity.
Nothing in this agreement shall be construed to limit either party's right
to independently develop or distribute software that is functionally similar
to the other party's products, so long as proprietary information of the
other party is not included in such software.
Open Source
"Open Source" software - software available without charge for
use, modification and distribution - is often licensed under terms that
require the user to make the user's modifications to the Open Source software
or any software that the user 'combines' with the Open Source software
freely available in source code form. If you use Open Source software
in conjunction with the programs, you must ensure that your use does not:
(i) create, or purport to create, obligations of us with respect to the
Oracle programs; or (ii) grant, or purport to grant, to any third party
any rights to or immunities under our intellectual property or proprietary
rights in the Oracle programs. For example, you may not develop a software
program using an Oracle program and an Open Source program where such
use results in a program file(s) that contains code from both the Oracle
program and the Open Source program (including without limitation libraries)
if the Open Source program is licensed under a license that requires any
"modifications" be made freely available. You also may not combine
the Oracle program with programs licensed under the GNU General Public
License ("GPL") in any manner that could cause, or could be
interpreted or asserted to cause, the Oracle program or any modifications
thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs
and licenses, and this agreement supersedes all prior or contemporaneous
agreements or representations. If any term of this agreement is found
to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 01/24/09
Should you have any questions concerning this License Agreement, or if you
desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing
and using this OTN software download.
Export Controls on the Programs
Selecting the "Accept License Agreement" button is a confirmation of your agreement that you comply,
now and during the trial term, with each of the following statements:
-You are not a citizen, national, or resident of, and are not under control of, the government of Cuba,
Iran, Sudan, Libya, North Korea, Syria, nor any country to which the United States has prohibited export.
-You will not download or otherwise export or re-export the Programs, directly or indirectly,
to the above mentioned countries nor to citizens, nationals or residents of those countries.
-You are not listed on the United States Department of Treasury lists of Specially Designated Nationals,
Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor are you listed on the
United States Department of Commerce Table of Denial Orders.
You will not download or otherwise export or re-export the Programs, directly or indirectly, to persons
on the above mentioned lists.
You will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited
by United States law, including, without limitation, for the development, design, manufacture or production
of nuclear, chemical or biological weapons of mass destruction.
EXPORT RESTRICTIONS
You agree that U.S. export control laws and other applicable export and import laws govern your use
of the programs, 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 programs 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.
Oracle Employees: Under no circumstances are Oracle Employees authorized to download software for the purpose
of distributing it to customers. Oracle products are available to employees for internal use or demonstration
purposes only. In keeping with Oracle's trade compliance obligations under U.S. and applicable multilateral law,
failure to comply with this policy could result in disciplinary action
up to and including termination.
Note: You are bound by the Oracle Technology Network ("OTN") License Agreement terms. The OTN License Agreement
terms also apply to all updates you receive under your Technology Track subscription.
The OTN License Agreement terms below supercede any shrinkwrap license on the OTN Technology Track software CDs
and previous OTN License terms (including the Oracle Program License as modified by the OTN Program Use Certificate).
Oracle Technology Network Development License Agreement
"We," "us," and "our" refers to Oracle America, Inc., for and on behalf of itself and its subsidiaries
and affiliates under common control. "You" and "your" refers to the individual or entity that wishes
to use the programs from Oracle. "Programs" refers to the Oracle software product you wish to download
and use and program documentation. "License" refers to your right to use the programs under the terms
of this agreement. 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,
San Mateo, or Santa Clara counties in California in any dispute arising out of or relating to this agreement.
We are willing to license the programs to you only upon the condition that you accept all of the terms
contained in this agreement. Read the terms carefully and select the "Accept License Agreement" button
to confirm your acceptance. If you are not willing to be bound by these terms, select the
"Decline License Agreement" button and the registration process will not continue.
LICENSE RIGHTS
We grant you a nonexclusive, nontransferable limited license to use the
programs only for the purpose of developing, testing, prototyping and demonstrating
your application, and not for any other purpose. If you use the application
you develop under this license for any internal data processing or for any
commercial or production purposes, or you want to use the programs for any
purpose other than as permitted under this agreement, you must obtain a
production release version of the program by contacting us or an Oracle
reseller to obtain the appropriate license. You acknowledge that we may
not produce a production release version of the program and any development
efforts undertaken by you are at your own risk. We may audit your use of
the programs. Program documentation, if available, may accessed online at
http://otn.oracle.com/docs.
Ownership and Restrictions
We retain all ownership and intellectual property rights in the programs. The programs may be installed
on one computer only, and used by one person in the operating environment identified by us. You may make one copy
of the programs for backup purposes.
You may not:
- use the programs for your own internal data processing or for any commercial
or production purposes, or use the programs for any purpose except the development
of your application;
- use the application you develop with the programs for any internal data
processing or commercial or production purposes without securing an appropriate
license from us;
- continue to develop your application after you have used it for any internal
data processing, commercial or production purpose without securing an appropriate
license from us, or an Oracle reseller;
- remove or modify any program markings or any notice of our proprietary
rights;
- make the programs available in any manner to any third party;
- use the programs to provide third party training;
- assign this agreement or give or transfer the programs or an interest
in them to another individual or entity; - cause or permit reverse engineering
(unless required by law for interoperability), disassembly or decompilation
of the programs;
- disclose results of any program benchmark tests without our prior consent.
Export
You agree that U.S. export control laws and other applicable export and import laws govern your use
of the programs, including technical data; additional information can be found on Oracle's Global Trade Compliance
web site located at http://www.oracle.com/products/export/index.html?content.html. You agree that neither
the programs 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.
Disclaimer of Warranty and Exclusive Remedies
THE PROGRAMS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE FURTHER DISCLAIM ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT SHALL WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR ENTIRE LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S. $1,000).
Trial Programs Included With Orders
We may include additional programs with an order which may be used for trial purposes only. You will have 30 days
from the delivery date to evaluate these programs. Any use of these programs after the 30 day trial period
requires you to obtain the applicable license. Programs licensed for trial purposes are provided "as is"
and we do not provide technical support or any warranties for these programs.
No Technical Support
Our technical support organization will not provide technical support, phone support, or updates to you for the
programs licensed under this agreement.
End of Agreement
You may terminate this agreement by destroying all copies of the programs. We have the right to terminate your right
to use the programs if you fail to comply with any of the terms of this agreement, in which case you shall destroy
all copies of the programs.
Relationship Between the Parties
The relationship between you and us is that of licensee/licensor. Neither party will represent that it has any
authority to assume or create any obligation, express or implied, on behalf of the other party, nor to represent
the other party as agent, employee, franchisee, or in any other capacity. Nothing in this agreement shall be
construed to limit either party's right to independently develop or distribute software that is functionally
similar to the other party's products, so long as proprietary information of the other party is not
included in such software.
Open Source
"Open Source" software - software available without charge for use, modification and distribution - is often
licensed under terms that require the user to make the user's modifications to the Open Source software or any
software that the user 'combines' with the Open Source software freely available in source code form.
If you use Open Source software in conjunction with the programs, you must ensure that your use does not:
(i) create, or purport to create, obligations of us with respect to the Oracle programs;
or (ii) grant, or purport to grant, to any third party any rights to or immunities under our intellectual property
or proprietary rights in the Oracle programs. For example, you may not develop a software program using
an Oracle program and an Open Source program where such use results in a program file(s) that contains
code from both the Oracle program and the Open Source program (including without limitation libraries) if
the Open Source program is licensed under a license that requires any "modifications" be made freely available.
You also may not combine the Oracle program with programs licensed under the GNU General Public License ("GPL")
in any manner that could cause, or could be interpreted or asserted to cause, the Oracle program or
any modifications thereto to become subject to the terms of the GPL.
Entire Agreement
You agree that this agreement is the complete agreement for the programs and licenses, and this agreement
supersedes all prior or contemporaneous agreements or representations. If any term of this agreement is
found to be invalid or unenforceable, the remaining provisions will remain effective.
Last updated: 01/24/09
Should you have any questions concerning this License Agreement, or if you
desire to contact Oracle for any reason, please write:
Oracle America, Inc.
500 Oracle Parkway,
Redwood City, CA 94065
Oracle may contact you to ask if you had a satisfactory experience installing
and using this OTN software download.
The PostgreSQL JDBC driver is distributed under the BSD license, same
as the server. The simplest explanation of the licensing terms is that
you can do whatever you want with the product and source code as long
as you don't claim you wrote it or sue us. You should give it a read
though, it's only half a page.
Copyright (c) 1997-2008, PostgreSQL Global 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:
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 PostgreSQL Global 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 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) 2001, Perforce Software, 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.
Copyright (c) 2004-2005, Didier Donsez
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 fr.imag.adele 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.