blob: 01a8451d7084641c69aeab9b39aae0a1007cbf1e [file] [log] [blame]
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by
the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
exercising permissions granted by this License.
"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.
"Object" form shall mean any form resulting from mechanical
transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including
the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
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designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity
on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
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Work and such Derivative Works in Source or Object form.
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this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.
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Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:
(a) You must give any other recipients of the Work or
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that such additional attribution notices cannot be construed
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You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.
5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.
6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
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whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.
9. Accepting Warranty or Additional Liability. While redistributing
the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work.
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This product uses kryo, reflectasm and minlog, which use the following license:
Copyright (c) 2008, Nathan Sweet 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 Esoteric Software nor the names of its
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
----------------------------------------------------------------------------
This product uses Logback, which uses the following license (EPL1.0):
Logback: the reliable, generic, fast and flexible logging framework. Copyright
(C) 1999-2012, QOS.ch. All rights reserved.
This program and the accompanying materials are dual-licensed under either the
terms of the Eclipse Public License v1.0 as published by the Eclipse Foundation
or (per the licensee's choosing)
under the terms of the GNU Lesser General Public License version 2.1 as
published by the Free Software Foundation.
------------- Here is the corresponding EPL 1.0 license:
Eclipse Public License - v 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE
TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR
DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS
AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and documentation
distributed under this Agreement, and b) in the case of each subsequent
Contributor:
i)changes to the Program, and
ii)additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from a
Contributor if it was added to the Program by such Contributor itself or anyone
acting on such Contributor's behalf. Contributions do not include additions to
the Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii) are not
derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and such
derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
Patents to make, use, sell, offer to sell, import and otherwise transfer the
Contribution of such Contributor, if any, in source code and object code form.
This patent license shall apply to the combination of the Contribution and the
Program if, at the time the Contribution is added by the Contributor, such
addition of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other combinations
which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other intellectual
property rights of any other entity. Each Contributor disclaims any liability to
Recipient for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright
rights in its Contribution, if any, to grant the copyright license set forth in
this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its
own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title and
non-infringement, and implied warranties or conditions of merchantability and
fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by
that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor,
and informs licensees how to obtain it in a reasonable manner on or through a
medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor to
control, and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement , including but not limited to the risks and costs
of program errors, compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Program itself
(excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
may assign the responsibility to serve as the Agreement Steward to a suitable
separate entity. Each new version of the Agreement will be given a
distinguishing version number. The Program (including Contributions) may always
be distributed subject to the version of the Agreement under which it was
received. In addition, after a new version of the Agreement is published,
Contributor may elect to distribute the Program (including its Contributions)
under the new version. Except as expressly stated in Sections 2(a) and 2(b)
above, Recipient receives no rights or licenses to the intellectual property of
any Contributor under this Agreement, whether expressly, by implication,
estoppel or otherwise. All rights in the Program not expressly granted under
this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.
----------------------------------------------------------------------------
This product uses slf4j, which uses the following license (MIT):
Copyright (c) 2004-2011 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.
---------------------------------------------------------------------------
This product indirectly depends on mail-1.4.jar and activation 1.1.jar, which
use the CDDL 1.0 license:
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
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) 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 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
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
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.