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Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
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"Legal Entity" shall mean the union of the acting entity and all
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direction or management of such entity, whether by contract or
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outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
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"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
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"Contribution" shall mean any work of authorship, including
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any Contribution intentionally submitted for inclusion in the Work
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the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
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names, trademarks, service marks, or product names of the Licensor,
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whether in tort (including negligence), contract, or otherwise,
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Work (including but not limited to damages for loss of goodwill,
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the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
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on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
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Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
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http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
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WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
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#########################################################################
## ADDITIONAL SOURCE LICENSES ##
#########################################################################
The ASN1 codec implementation in the geronimo-crypto module was
developed by the Bouncy Castle project. (http://www.bouncycastle.org/).
Use of the source code, thus licensed, and the resultant binary are
subject to the terms and conditions of the following license.
=========================================================================
== Bouncy Castle License (ASN1 codec in geronimo-util) ==
=========================================================================
The Bouncy Castle License
Copyright (c) 2000-2005 The Legion Of The Bouncy Castle
(http://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person obtaining
a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to
permit persons to whom the Software is furnished to do so, subject to
the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE
LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION
WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
For cglib-nodep jar:
=========================================================================
== CGLIB License ==
=========================================================================
CGLIB is licensed under the Apache License 2.0.
For commons-logging jar:
=========================================================================
== Apache Commons License ==
== Codec, Collections, Digester, Discovery, File Upload, HTTP Client, ==
== IO, JEXL, Logging ==
=========================================================================
These Apache Commons libraries are licensed under the Apache License,
Version 2.0.
For jaxb-api and jaxb-impl jars:
=========================================================================
== Sun CDDL License ==
== JAXB-API, JAXB, JAXWS, JSTL, SAAJ ==
=========================================================================
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)áthe
power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or
(b)áownership 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 Sectionsá2.1(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 Sectioná2.1(b) above, no patent
license is granted: (1)áfor code that You delete from the Original
Software, or (2)áfor infringements caused by: (i)áthe modification of
the Original Software, or (ii)áthe 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)áModifications made by that
Contributor (or portions thereof); and (2)áthe combination of
Modifications made by that Contributor with its Contributor Version
(or portions of such combination). (c) The licenses granted in
Sectionsá2.2(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 Sectioná2.2(b) above, no patent license is
granted: (1)áfor any code that Contributor has deleted from the
Contributor Version; (2)áfor infringements caused by: (i)áthird party
modifications of Contributor Version, or (ii)áthe combination of
Modifications made by that Contributor with other software (except as
part of the Contributor Version) or other devices; or (3)áunder 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 recipients
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)árename 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)áotherwise 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 Sectionsá2.1 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 Sectionsá6.1 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 PARTYS 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
48áC.F.R.á2.101 (Oct. 1995), consisting of commercial computer
software (as that term is defined at 48 C.F.R. á252.227-7014(a)(1))
and commercial computer software documentation as such terms are used
in 48áC.F.R.á12.212 (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 jurisdictions conflict-of-law
provisions. Any litigation relating to this License shall be subject
to the jurisdiction of the courts located in the jurisdiction and
venue specified in a notice contained within the Original Software,
with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys fees and
expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the language of a
contract shall be construed against the drafter shall not apply to
this License. You agree that You alone are responsible for compliance
with the United States export administration regulations (and the
export control laws and regulation of any other countries) when You
use, distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree to
work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL) The GlassFish code released under the CDDL
shall be governed by the laws of the State of California (excluding
conflict-of-law provisions). Any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the
Northern District of California and the state courts of the State of
California, with venue lying in Santa Clara County, California.
For plexus-archiver jar:
=========================================================================
== Plexus License ==
=========================================================================
Common Public License - v 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON
PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE
PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates'
from a Contributor if it was added to the Program by such Contributor
itself or anyone acting on such Contributor's behalf. Contributions do not
include additions to the Program which: (i) are separate modules of
software distributed in conjunction with the Program under their own
license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which
are necessarily infringed by the use or sale of its Contribution alone or
when combined with the Program.
"Program" means the Contributions distributed in accordance with this
Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly
perform, distribute and sublicense the Contribution of such Contributor,
if any, and such derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code and
object code form. This patent license shall apply to the combination of the
Contribution and the Program if, at the time the Contribution is added by
the Contributor, such addition of the Contribution causes such combination
to be covered by the Licensed Patents. The patent license shall not apply
to any other combinations which include the Contribution. No hardware per se
is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disclaims
any liability to Recipient for claims brought by any other entity based on
infringement of intellectual property rights or otherwise. As a condition to
exercising the rights and licenses granted hereunder, each Recipient hereby
assumes sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to
allow Recipient to distribute the Program, it is Recipient's responsibility
to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license
set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under
its own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title
and non-infringement, and implied warranties or conditions of merchantability
and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered
by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner on
or through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within
the Program.
Each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent
Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities
with respect to end users, business partners and the like. While this
license is intended to facilitate the commercial use of the Program, the
Contributor who includes the Program in a commercial product offering
should do so in a manner which does not create potential liability for
other Contributors. Therefore, if a Contributor includes the Program in a
commercial product offering, such Contributor ("Commercial Contributor")
hereby agrees to defend and indemnify every other Contributor ("Indemnified
Contributor") against any losses, damages and costs (collectively "Losses")
arising from claims, lawsuits and other legal actions brought by a third
party against the Indemnified Contributor to the extent caused by the acts
or omissions of such Commercial Contributor in connection with its
distribution of the Program in a commercial product offering. The
obligations in this section do not apply to any claims or Losses relating
to any actual or alleged intellectual property infringement. In order to
qualify,
an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial
Contributor to control, and cooperate with the Commercial Contributor in,
the defense and any related settlement negotiations. The Indemnified
Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial
product offering, Product X. That Contributor is then a Commercial
Contributor. If that Commercial Contributor then makes performance claims,
or offers warranties related to Product X, those performance claims and
warranties are such Commercial Contributor's responsibility alone. Under
this section, the Commercial Contributor would have to defend claims
against the other Contributors related to those performance claims and
warranties, and if a court requires any other Contributor to pay any
damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED
ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER
EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR
CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Each Recipient is solely responsible for determining
the appropriateness of using and distributing the Program and assumes all
risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors,
compliance with applicable laws, damage to or loss of data, programs or
equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION
LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE
EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under
applicable law, it shall not affect the validity or enforceability of
the remainder of the terms of this Agreement, and without further action
by the parties hereto, such provision shall be reformed to the minimum
extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with
respect to a patent applicable to software (including a cross-claim or
counterclaim in a lawsuit), then any patent licenses granted by that
Contributor to such Recipient under this Agreement shall terminate as
of the date such litigation is filed. In addition, if Recipient
institutes patent litigation against any entity (including a cross-claim
or counterclaim in a lawsuit) alleging that the Program itself (excluding
combinations of the Program with other software or hardware) infringes
such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails
to comply with any of the material terms or conditions of this Agreement
and does not cure such failure in a reasonable period of time after
becoming aware of such noncompliance. If all Recipient's rights under this
Agreement terminate, Recipient agrees to cease use and distribution of the
Program as soon as reasonably practicable. However, Recipient's obligations
under this Agreement and any licenses granted by Recipient relating to the
Program shall continue and survive.
Everyone is permitted to copy and distribute copies of this Agreement,
but in order to avoid inconsistency the Agreement is copyrighted and may
only be modified in the following manner. The Agreement Steward reserves
the right to publish new versions (including revisions) of this Agreement
from time to time. No one other than the Agreement Steward has the right
to modify this Agreement. IBM is the initial Agreement Steward. IBM may
assign the responsibility to serve as the Agreement Steward to a suitable
separate entity. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions) may
always be distributed subject to the version of the Agreement under which
it was received. In addition, after a new version of the Agreement is
published, Contributor may elect to distribute the Program (including its
Contributions) under the new version. Except as expressly stated in
Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to
the intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program
not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury
trial in any resulting litigation.