| |
| VMware vFabric GemFire HTTP Session Management Module 2.1.1 |
| |
| |
| =========================================================================== |
| |
| The following copyright statements and licenses apply to various open |
| source software components (or portions thereof) that are distributed with |
| this VMware software products. |
| |
| The VMware Product may also include other VMware components, which may contain additional open |
| source software packages. One or more such open_source_licenses.txt files may therefore |
| accompany this VMware Product. |
| |
| The VMware product that includes this file does not necessarily use all the |
| open source software components referred to below and may also only use |
| portions of a given component. |
| |
| |
| =============== TABLE OF CONTENTS ============================= |
| |
| |
| The following is a listing of the open source components detailed in this |
| document. This list is provided for your convenience; please read further if |
| you wish to review the copyright notice(s) and the full text of the license |
| associated with each component. |
| |
| |
| |
| SECTION 1: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES |
| |
| >>> antlr-2.7.3 |
| >>> backport-util-concurrent-java_5.0 |
| >>> mx4j-2.0.1 |
| >>> slf4j-1.5.8 |
| |
| |
| |
| SECTION 2: Apache License, V2.0 |
| |
| >>> commons-modeler-2.0 |
| |
| |
| |
| SECTION 3: Common Development and Distribution License, V1.0 |
| |
| >>> servlet-api-2.5 |
| |
| |
| |
| SECTION 4: GNU Lesser General Public License, V2.1 |
| |
| >>> jgroups-2.10 |
| >>> trove-1.1.b3 |
| |
| |
| |
| APPENDIX. Standard License Files |
| |
| >>> Apache License, V2.0 |
| |
| >>> GNU Lesser General Public License, V2.1 |
| |
| >>> Common Development and Distribution License, V1.0 |
| |
| |
| |
| |
| |
| --------------- SECTION 1: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES ---------- |
| |
| BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES are applicable to the following component(s). |
| |
| |
| >>> antlr-2.7.3 |
| |
| SOFTWARE RIGHTS |
| |
| ANTLR 1989-2004 Developed by Terence Parr |
| Partially supported by University of San Francisco & jGuru.com |
| |
| We reserve no legal rights to the ANTLR--it is fully in the |
| public domain. An individual or company may do whatever |
| they wish with source code distributed with ANTLR or the |
| code generated by ANTLR, including the incorporation of |
| ANTLR, or its output, into commerical software. |
| |
| We encourage users to develop software with ANTLR. However, |
| we do ask that credit is given to us for developing |
| ANTLR. By "credit", we mean that if you use ANTLR or |
| incorporate any source code into one of your programs |
| (commercial product, research project, or otherwise) that |
| you acknowledge this fact somewhere in the documentation, |
| research report, etc... If you like ANTLR and have |
| developed a nice tool with the output, please mention that |
| you developed it using ANTLR. In addition, we ask that the |
| headers remain intact in our source code. As long as these |
| guidelines are kept, we expect to continue enhancing this |
| system and expect to make other tools available as they are |
| completed. |
| |
| The primary ANTLR guy: |
| |
| Terence Parr |
| parrt@cs.usfca.edu |
| parrt@antlr.org |
| |
| |
| >>> backport-util-concurrent-java_5.0 |
| |
| License |
| This software is released to the public domain, in the spirit of the original code written by Doug Lea. |
| The code can be used for any purpose, modified, and redistributed without acknowledgment. No |
| warranty is provided, either express or implied. |
| |
| |
| >>> mx4j-2.0.1 |
| |
| The MX4J License, Version 1.0 |
| |
| Copyright (c) 2001-2004 by the MX4J contributors. All rights reserved. |
| |
| Redistribution and use in source and binary forms, with or without |
| modification, are permitted provided that the following conditions |
| are met: |
| |
| 1. Redistributions of source code must retain the above copyright |
| notice, this list of conditions and the following disclaimer. |
| |
| 2. Redistributions in binary form must reproduce the above copyright |
| notice, this list of conditions and the following disclaimer in |
| the documentation and/or other materials provided with the |
| distribution. |
| |
| 3. The end-user documentation included with the redistribution, |
| if any, must include the following acknowledgment: |
| "This product includes software developed by the |
| MX4J project (http://mx4j.sourceforge.net)." |
| Alternately, this acknowledgment may appear in the software itself, |
| if and wherever such third-party acknowledgments normally appear. |
| |
| 4. The name "MX4J" must not be used to endorse or promote |
| products derived from this software without prior written |
| permission. |
| For written permission, please contact |
| biorn_steedom [at] users [dot] sourceforge [dot] net |
| |
| 5. Products derived from this software may not be called "MX4J", |
| nor may "MX4J" appear in their name, without prior written |
| permission of Simone Bordet. |
| |
| THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED |
| WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES |
| OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE |
| DISCLAIMED. IN NO EVENT SHALL THE MX4J CONTRIBUTORS |
| BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT |
| LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF |
| USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND |
| ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, |
| OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT |
| OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF |
| SUCH DAMAGE. |
| |
| This software consists of voluntary contributions made by many |
| individuals on behalf of the MX4J project. For more information on |
| MX4J, please see |
| the MX4J website. |
| |
| |
| >>> slf4j-1.5.8 |
| |
| Copyright (c) 2004-2008 QOS.ch |
| All rights reserved. |
| |
| Permission is hereby granted, free of charge, to any person obtaining |
| a copy of this software and associated documentation files (the |
| "Software"), to deal in the Software without restriction, including |
| without limitation the rights to use, copy, modify, merge, publish, |
| distribute, sublicense, and/or sell copies of the Software, and to |
| permit persons to whom the Software is furnished to do so, subject to |
| the following conditions: |
| |
| The above copyright notice and this permission notice shall be |
| included in all copies or substantial portions of the Software. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, |
| EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF |
| MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE |
| LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION |
| OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION |
| WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. |
| |
| |
| --------------- SECTION 2: Apache License, V2.0 ---------- |
| |
| Apache License, V2.0 is applicable to the following component(s). |
| |
| |
| >>> commons-modeler-2.0 |
| |
| This product includes software developed by |
| The Apache Software Foundation (http://www.apache.org/). |
| |
| |
| --------------- SECTION 3: Common Development and Distribution License, V1.0 ---------- |
| |
| Common Development and Distribution License, V1.0 is applicable to the following component(s). |
| |
| |
| >>> servlet-api-2.5 |
| |
| The contents of this file are subject to the terms |
| of the Common Development and Distribution License |
| (the "License"). You may not use this file except |
| in compliance with the License. |
| |
| You can obtain a copy of the license at |
| glassfish/bootstrap/legal/CDDLv1.0.txt or |
| https://glassfish.dev.java.net/public/CDDLv1.0.html. |
| See the License for the specific language governing |
| permissions and limitations under the License. |
| |
| When distributing Covered Code, include this CDDL |
| HEADER in each file and include the License file at |
| glassfish/bootstrap/legal/CDDLv1.0.txt. If applicable, |
| add the following below this CDDL HEADER, with the |
| fields enclosed by brackets "[]" replaced with your |
| own identifying information: Portions Copyright [yyyy] |
| [name of copyright owner] |
| |
| Copyright 2005 Sun Microsystems, Inc. All rights reserved. |
| |
| Portions Copyright Apache Software Foundation. |
| |
| |
| --------------- SECTION 4: GNU Lesser General Public License, V2.1 ---------- |
| |
| GNU Lesser General Public License, V2.1 is applicable to the following component(s). |
| |
| |
| >>> jgroups-2.10 |
| |
| This library is free software; you can redistribute it and/or |
| modify it under the terms of the GNU Lesser General Public |
| License as published by the Free Software Foundation; either |
| version 2.1 of the License, or (at your option) any later version. |
| |
| This library is distributed in the hope that it will be useful, |
| but WITHOUT ANY WARRANTY; without even the implied warranty of |
| MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU |
| Lesser General Public License for more details. |
| |
| You should have received a copy of the GNU Lesser General Public |
| License along with this library; if not, write to the Free Software |
| Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA |
| |
| |
| >>> trove-1.1.b3 |
| |
| The Trove library is licensed under the Lesser GNU Public License, |
| which is included with the distribution in a file called LICENSE.txt. |
| |
| The PrimeFinder and HashFunctions classes in Trove are subject to the |
| following license restrictions: |
| |
| Copyright (c) 1999 CERN - European Organization for Nuclear Research. |
| |
| Permission to use, copy, modify, distribute and sell this software and |
| its documentation for any purpose is hereby granted without fee, |
| provided that the above copyright notice appear in all copies and that |
| both that copyright notice and this permission notice appear in |
| supporting documentation. CERN makes no representations about the |
| suitability of this software for any purpose. It is provided "as is" |
| without expressed or implied warranty. |
| |
| |
| |
| |
| |
| =============== APPENDIX. Standard License Files ============== |
| |
| |
| |
| --------------- SECTION 1: Apache License, V2.0 ----------- |
| |
| Apache License |
| |
| Version 2.0, January 2004 |
| http://www.apache.org/licenses/ |
| |
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| 7. You may place library facilities that are a work based on the |
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| |
| 13. The Free Software Foundation may publish revised and/or new |
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| |
| NO WARRANTY |
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| 15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO |
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| DAMAGES. |
| |
| END OF TERMS AND CONDITIONS |
| |
| How to Apply These Terms to Your New Libraries |
| |
| If you develop a new library, and you want it to be of the greatest |
| possible use to the public, we recommend making it free software that |
| everyone can redistribute and change. You can do so by permitting |
| redistribution under these terms (or, alternatively, under the terms of the |
| ordinary General Public License). |
| |
| To apply these terms, attach the following notices to the library. It is |
| safest to attach them to the start of each source file to most effectively |
| convey the exclusion of warranty; and each file should have at least the |
| "copyright" line and a pointer to where the full notice is found. |
| |
| <one line to give the library's name and a brief idea of what it does.> |
| Copyright (C) <year> <name of author> |
| |
| This library is free software; you can redistribute it and/or |
| modify it under the terms of the GNU Lesser General Public |
| License as published by the Free Software Foundation; either |
| version 2.1 of the License, or (at your option) any later version. |
| |
| This library is distributed in the hope that it will be useful, |
| but WITHOUT ANY WARRANTY; without even the implied warranty of |
| MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU |
| Lesser General Public License for more details. |
| |
| You should have received a copy of the GNU Lesser General Public |
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| Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA |
| |
| Also add information on how to contact you by electronic and paper mail. |
| |
| You should also get your employer (if you work as a programmer) or your |
| school, if any, to sign a "copyright disclaimer" for the library, if |
| necessary. Here is a sample; alter the names: |
| |
| Yoyodyne, Inc., hereby disclaims all copyright interest in the |
| library `Frob' (a library for tweaking knobs) written by James Random Hacker. |
| |
| <signature of Ty Coon>, 1 April 1990 |
| Ty Coon, President of Vice |
| |
| That's all there is to it! |
| |
| |
| |
| |
| --------------- SECTION 3: Common Development and Distribution License, V1.0 ----------- |
| |
| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
| |
| 1. Definitions. |
| |
| 1.1. "Contributor" means each individual or entity that creates or |
| contributes to the creation of Modifications. |
| |
| 1.2. "Contributor Version" means the combination of the Original Software, |
| prior Modifications used by a Contributor (if any), and the Modifications |
| made by that particular Contributor. |
| |
| 1.3. "Covered Software" means (a) the Original Software, or (b) |
| Modifications, or (c) the combination of files containing Original |
| Software with files containing Modifications, in each case including |
| portions thereof. |
| |
| 1.4. "Executable" means the Covered Software in any form other than |
| Source Code. |
| |
| 1.5. "Initial Developer" means the individual or entity that first makes |
| Original Software available under this License. |
| |
| 1.6. "Larger Work" means a work which combines Covered Software or |
| portions thereof with code not governed by the terms of this License. |
| |
| 1.7. "License" means this document. |
| |
| 1.8. "Licensable" means having the right to grant, to the maximum extent |
| possible, whether at the time of the initial grant or subsequently |
| acquired, any and all of the rights conveyed herein. |
| |
| 1.9. "Modifications" means the Source Code and Executable form of any |
| of the following: |
| |
| A. Any file that results from an addition to, deletion from or |
| modification of the contents of a file containing Original Software |
| or previous Modifications; |
| |
| B. Any new file that contains any part of the Original Software or |
| previous Modification; or |
| |
| C. Any new file that is contributed or otherwise made available |
| under the terms of this License. |
| |
| 1.10. "Original Software" means the Source Code and Executable form of |
| computer software code that is originally released under this License. |
| |
| 1.11. "Patent Claims" means any patent claim(s), now owned or hereafter |
| acquired, including without limitation, method, process, and apparatus |
| claims, in any patent Licensable by grantor. |
| |
| 1.12. "Source Code" means (a) the common form of computer software code |
| in which modifications are made and (b) associated documentation included |
| in or with such code. |
| |
| 1.13. "You" (or "Your") means an individual or a legal entity exercising |
| rights under, and complying with all of the terms of, this License. For |
| legal entities, "You" includes any entity which controls, is controlled |
| by, or is under common control with You. For purposes of this definition, |
| "control" means (a) the power, direct or indirect, to cause the direction |
| or management of such entity, whether by contract or otherwise, or (b) |
| ownership of more than fifty percent (50%) of the outstanding shares or |
| beneficial ownership of such entity. |
| |
| 2. License Grants. |
| |
| 2.1. The Initial Developer Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject to |
| third party intellectual property claims, the Initial Developer hereby |
| grants You a world-wide, royalty-free, non-exclusive license: |
| |
| (a) under intellectual property rights (other than patent or |
| trademark) Licensable by Initial Developer, to use, reproduce, modify, |
| display, perform, sublicense and distribute the Original Software |
| (or portions thereof), with or without Modifications, and/or as part |
| of a Larger Work; and |
| |
| (b) under Patent Claims infringed by the making, using or selling |
| of Original Software, to make, have made, use, practice, sell, and |
| offer for sale, and/or otherwise dispose of the Original Software |
| (or portions thereof). |
| |
| (c) The licenses granted in Sections 2.1(a) and (b) are effective |
| on the date Initial Developer first distributes or otherwise makes |
| the Original Software available to a third party under the terms of |
| this License. |
| |
| (d) Notwithstanding Section 2.1(b) above, no patent license is |
| granted: (1) for code that You delete from the Original Software, |
| or (2) for infringements caused by: (i) the modification of the |
| Original Software, or (ii) the combination of the Original Software |
| with other software or devices. |
| |
| 2.2. Contributor Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject to |
| third party intellectual property claims, each Contributor hereby grants |
| You a world-wide, royalty-free, non-exclusive license: |
| |
| (a) under intellectual property rights (other than patent or |
| trademark) Licensable by Contributor to use, reproduce, modify, |
| display, perform, sublicense and distribute the Modifications created |
| by such Contributor (or portions thereof), either on an unmodified |
| basis, with other Modifications, as Covered Software and/or as part |
| of a Larger Work; and |
| |
| (b) under Patent Claims infringed by the making, using, or selling |
| of Modifications made by that Contributor either alone and/or |
| in combination with its Contributor Version (or portions of such |
| combination), to make, use, sell, offer for sale, have made, and/or |
| otherwise dispose of: (1) Modifications made by that Contributor |
| (or portions thereof); and (2) the combination of Modifications |
| made by that Contributor with its Contributor Version (or portions |
| of such combination). |
| |
| (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective |
| on the date Contributor first distributes or otherwise makes the |
| Modifications available to a third party. |
| |
| (d) Notwithstanding Section 2.2(b) above, no patent license is |
| granted: (1) for any code that Contributor has deleted from the |
| Contributor Version; (2) for infringements caused by: (i) third |
| party modifications of Contributor Version, or (ii) the combination |
| of Modifications made by that Contributor with other software |
| (except as part of the Contributor Version) or other devices; or (3) |
| under Patent Claims infringed by Covered Software in the absence of |
| Modifications made by that Contributor. |
| |
| 3. Distribution Obligations. |
| |
| 3.1. Availability of Source Code. |
| |
| Any Covered Software that You distribute or otherwise make available |
| in Executable form must also be made available in Source Code form and |
| that Source Code form must be distributed only under the terms of this |
| License. You must include a copy of this License with every copy of the |
| Source Code form of the Covered Software You distribute or otherwise make |
| available. You must inform recipients of any such Covered Software in |
| Executable form as to how they can obtain such Covered Software in Source |
| Code form in a reasonable manner on or through a medium customarily used |
| for software exchange. |
| |
| 3.2. Modifications. |
| |
| The Modifications that You create or to which You contribute are governed |
| by the terms of this License. You represent that You believe Your |
| Modifications are Your original creation(s) and/or You have sufficient |
| rights to grant the rights conveyed by this License. |
| |
| 3.3. Required Notices. |
| |
| You must include a notice in each of Your Modifications that identifies |
| You as the Contributor of the Modification. You may not remove or alter |
| any copyright, patent or trademark notices contained within the Covered |
| Software, or any notices of licensing or any descriptive text giving |
| attribution to any Contributor or the Initial Developer. |
| |
| 3.4. Application of Additional Terms. |
| |
| You may not offer or impose any terms on any Covered Software in Source |
| Code form that alters or restricts the applicable version of this License |
| or the recipients' rights hereunder. You may choose to offer, and to |
| charge a fee for, warranty, support, indemnity or liability obligations to |
| one or more recipients of Covered Software. However, you may do so only |
| on Your own behalf, and not on behalf of the Initial Developer or any |
| Contributor. You must make it absolutely clear that any such warranty, |
| support, indemnity or liability obligation is offered by You alone, and |
| You hereby agree to indemnify the Initial Developer and every Contributor |
| for any liability incurred by the Initial Developer or such Contributor |
| as a result of warranty, support, indemnity or liability terms You offer. |
| |
| 3.5. Distribution of Executable Versions. |
| |
| You may distribute the Executable form of the Covered Software under the |
| terms of this License or under the terms of a license of Your choice, |
| which may contain terms different from this License, provided that You are |
| in compliance with the terms of this License and that the license for the |
| Executable form does not attempt to limit or alter the recipient's rights |
| in the Source Code form from the rights set forth in this License. If |
| You distribute the Covered Software in Executable form under a different |
| license, You must make it absolutely clear that any terms which differ |
| from this License are offered by You alone, not by the Initial Developer |
| or Contributor. You hereby agree to indemnify the Initial Developer and |
| every Contributor for any liability incurred by the Initial Developer |
| or such Contributor as a result of any such terms You offer. |
| |
| 3.6. Larger Works. |
| |
| You may create a Larger Work by combining Covered Software with other code |
| not governed by the terms of this License and distribute the Larger Work |
| as a single product. In such a case, You must make sure the requirements |
| of this License are fulfilled for the Covered Software. |
| |
| 4. Versions of the License. |
| |
| 4.1. New Versions. |
| |
| Sun Microsystems, Inc. is the initial license steward and may publish |
| revised and/or new versions of this License from time to time. Each |
| version will be given a distinguishing version number. Except as provided |
| in Section 4.3, no one other than the license steward has the right to |
| modify this License. |
| |
| 4.2. Effect of New Versions. |
| |
| You may always continue to use, distribute or otherwise make the Covered |
| Software available under the terms of the version of the License under |
| which You originally received the Covered Software. If the Initial |
| Developer includes a notice in the Original Software prohibiting it |
| from being distributed or otherwise made available under any subsequent |
| version of the License, You must distribute and make the Covered Software |
| available under the terms of the version of the License under which You |
| originally received the Covered Software. Otherwise, You may also choose |
| to use, distribute or otherwise make the Covered Software available |
| under the terms of any subsequent version of the License published by |
| the license steward. |
| |
| 4.3. Modified Versions. |
| |
| When You are an Initial Developer and You want to create a new license |
| for Your Original Software, You may create and use a modified version of |
| this License if You: (a) rename the license and remove any references |
| to the name of the license steward (except to note that the license |
| differs from this License); and (b) otherwise make it clear that the |
| license contains terms which differ from this License. |
| |
| 5. DISCLAIMER OF WARRANTY. |
| |
| COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
| DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE |
| ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE |
| IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, |
| YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST |
| OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF |
| WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY |
| COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| |
| 6. TERMINATION. |
| |
| 6.1. This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and fail to cure |
| such breach within 30 days of becoming aware of the breach. Provisions |
| which, by their nature, must remain in effect beyond the termination of |
| this License shall survive. |
| |
| 6.2. If You assert a patent infringement claim (excluding declaratory |
| judgment actions) against Initial Developer or a Contributor (the |
| Initial Developer or Contributor against whom You assert such claim is |
| referred to as "Participant") alleging that the Participant Software |
| (meaning the Contributor Version where the Participant is a Contributor |
| or the Original Software where the Participant is the Initial Developer) |
| directly or indirectly infringes any patent, then any and all rights |
| granted directly or indirectly to You by such Participant, the Initial |
| Developer (if the Initial Developer is not the Participant) and all |
| Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 |
| days notice from Participant terminate prospectively and automatically |
| at the expiration of such 60 day notice period, unless if within such |
| 60 day period You withdraw Your claim with respect to the Participant |
| Software against such Participant either unilaterally or pursuant to a |
| written agreement with Participant. |
| |
| 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end |
| user licenses that have been validly granted by You or any distributor |
| hereunder prior to termination (excluding licenses granted to You by |
| any distributor) shall survive termination. |
| |
| 7. LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
| NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY |
| OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER |
| OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, |
| INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, |
| COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES |
| OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY |
| OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY |
| FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO |
| THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS |
| DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
| DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| |
| 8. U.S. GOVERNMENT END USERS. |
| |
| The Covered Software is a "commercial item," as that term is defined |
| in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
| software" (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and |
| "commercial computer software documentation" as such terms are used in |
| 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 |
| C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End |
| Users acquire Covered Software with only those rights set forth herein. |
| This U.S. Government Rights clause is in lieu of, and supersedes, any |
| other FAR, DFAR, or other clause or provision that addresses Government |
| rights in computer software under this License. |
| |
| 9. MISCELLANEOUS. |
| |
| This License represents the complete agreement concerning subject matter |
| hereof. If any provision of this License is held to be unenforceable, |
| such provision shall be reformed only to the extent necessary to make it |
| enforceable. This License shall be governed by the law of the jurisdiction |
| specified in a notice contained within the Original Software (except to |
| the extent applicable law, if any, provides otherwise), excluding such |
| jurisdiction's conflict-of-law provisions. Any litigation relating to |
| this License shall be subject to the jurisdiction of the courts located |
| in the jurisdiction and venue specified in a notice contained within |
| the Original Software, with the losing party responsible for costs, |
| including, without limitation, court costs and reasonable attorneys' |
| fees and expenses. The application of the United Nations Convention on |
| Contracts for the International Sale of Goods is expressly excluded. Any |
| law or regulation which provides that the language of a contract shall |
| be construed against the drafter shall not apply to this License. |
| You agree that You alone are responsible for compliance with the United |
| States export administration regulations (and the export control laws and |
| regulation of any other countries) when You use, distribute or otherwise |
| make available any Covered Software. |
| |
| 10. RESPONSIBILITY FOR CLAIMS. |
| |
| As between Initial Developer and the Contributors, each party is |
| responsible for claims and damages arising, directly or indirectly, out |
| of its utilization of rights under this License and You agree to work |
| with Initial Developer and Contributors to distribute such responsibility |
| on an equitable basis. Nothing herein is intended or shall be deemed to |
| constitute any admission of liability. |
| |
| |
| |
| =========================================================================== |
| |
| To the extent any open source components are licensed under the |
| GPL and/or LGPL, or other similar licenses that require the |
| source code and/or modifications to source code to be made |
| available (as would be noted above), you may obtain a copy of |
| the source code corresponding to the binaries for such open |
| source components and modifications thereto, if any, (the |
| "Source Files"), by downloading the Source Files from VMware's website at |
| http://www.vmware.com/download/open_source.html, or by sending a request, with |
| your name and address to: VMware, Inc., 3401 Hillview Avenue, |
| Palo Alto, CA 94304,United States of America. All such |
| requests should clearly specify: OPEN SOURCE FILES REQUEST, |
| Attention General Counsel. VMware shall mail a copy of the |
| Source Files to you on a CD or equivalent physical medium. This |
| offer to obtain a copy of the Source Files is valid for three |
| years from the date you acquired this Software product. Alternatively, |
| the Source Files may accompany the VMware product. |
| |
| |
| [VFABRICGEMFIREHTTPSESSIONMANAGEMENTMODULE211GAKL051812] |