| NETBEANS IDE DEVELOPMENT VERSION ("Product") |
| LICENSE AGREEMENT |
| |
| PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND |
| CONDITIONS CAREFULLY, INCLUDING WITHOUT LIMITATION THOSE |
| DISPLAYED ELSEWHERE (AS INDICATED BY LINKS LISTED BELOW), |
| BEFORE USING THE SOFTWARE. THESE TERMS AND CONDITIONS |
| CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, OR THE ENTITY FOR |
| WHICH YOU ARE AN AUTHORIZED REPRESENTATIVE WITH FULL |
| AUTHORITY TO ENTER INTO THIS AGREEMENT, AND ORACLE. BY |
| CLICKING "ACCEPT" OR THE EQUIVALENT YOU AGREE TO ALL OF |
| THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU |
| DO NOT AGREE TO THIS LICENSE DO NOT CLICK "ACCEPT" OR |
| THE EQUIVALENT AND DO NOT INSTALL OR USE THIS SOFTWARE. |
| |
| Copyright (c) 1997, 2015, Oracle and/or its affiliates. All |
| rights reserved. |
| |
| Oracle and Java are registered trademarks of Oracle and/or |
| its affiliates. Other names may be trademarks of their |
| respective owners. |
| |
| The Product contains NetBeans IDE, the Glassfish runtime, |
| the Java SE 8 Reference Implementation and other components. |
| Review the Product carefully to determine which license |
| governs the code you are using. |
| |
| Oracle separately licenses NetBeans IDE and the Glassfish |
| runtime under the CDDL v 1.0 (CDDL) or GNU General Public |
| License version 2 with Classpath Exception ("GPLv2 with |
| Classpath Exception"), both of which are identified below. |
| You may choose either license to govern your use of NetBeans |
| IDE or the Glassfish runtime only upon the condition that |
| you accept all of the terms of either the CDDL or GPLv2 with |
| Classpath Exception. In addition, the Product also contains |
| components which are governed exclusively by the terms of |
| the GPLv2 with Classpath Exception (e.g. components from |
| OpenJDK) or by the terms of one of the licenses listed below |
| (i.e. Oracle JDBC Drivers, Java Card Development |
| Kit 3.0.2, and Java SE 8 Reference Implementation). |
| |
| Third party technology that may be necessary for use with |
| the Product is specified in THIRDPARTYLICENSE.txt. Such |
| third party technology is licensed to you under the terms of |
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| Please review the list of libraries and licenses provided |
| for use. |
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| If you redistribute NetBeans IDE, add the following below |
| the License Header, with the fields enclosed by brackets [] |
| replaced by your own identifying information: "Portions |
| Copyrighted [year] [name of copyright owner]" |
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| Contributor(s): |
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| The original software is NetBeans. The initial developer of |
| the original software is Oracle Corporation; portions |
| Copyright (c) 1997, 2015 Oracle and/or its affiliates. All |
| rights reserved. |
| |
| LICENSES AND OTHER TERMS AND CONDITIONS |
| |
| LICENSE #1: GPLv2 with Classpath Exception. |
| |
| LICENSE #2: CDDL. |
| |
| OTHER TERMS AND CONDITIONS INCORPORATED IN THIS AGREEMENT: |
| |
| The use of Oracle JDBC drivers is subject to the terms and |
| conditions set forth at |
| http://www.oracle.com/technetwork/licenses/distribution-license-152002.html |
| |
| The use of Java Card Development Kit 3.0.2 is subject to the |
| terms and conditions set forth at |
| http://download.oracle.com/otn-pub/java/licenses/OTN_Java_Card_Classic_Connected_SDK_4April2012.pdf |
| |
| The use of the JAVA SE Version 8 Reference Implementation is |
| subject to the terms and conditions set forth at |
| http://www.oracle.com/technetwork/licenses/javase8-ri-license-2621585.html |
| |
| Last updated 30 July 2015 |
| |
| ************************************************************ |
| |
| LICENSE #1: |
| |
| The GNU General Public License (GPL) Version 2, June 1991 |
| |
| Copyright (C) 1989, 1991 Free Software Foundation, Inc. |
| |
| 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA |
| |
| Everyone is permitted to copy and distribute verbatim copies |
| of this license document, but changing it is not allowed. |
| |
| Preamble |
| |
| The licenses for most software are designed to take away |
| your freedom to share and change it. By contrast, the GNU |
| General Public License is intended to guarantee your freedom |
| to share and change free software--to make sure the software |
| is free for all its users. This General Public License |
| applies to most of the Free Software Foundation's software |
| and to any other program whose authors commit to using it. |
| (Some other Free Software Foundation software is covered by |
| the GNU Library General Public License instead.) You can |
| apply it to your programs, too. When we speak of free |
| software, we are referring to freedom, not price. Our |
| General Public Licenses are designed to make sure that you |
| have the freedom to distribute copies of free software (and |
| charge for this service if you wish), that you receive |
| source code or can get it if you want it, that you can |
| change the software or use pieces of it in new free |
| programs; and that you know you can do these things. To |
| protect your rights, we need to make restrictions that |
| forbid anyone to deny you these rights or to ask you to |
| surrender the rights. These restrictions translate to |
| certain responsibilities for you if you distribute copies of |
| the software, or if you modify it. |
| |
| For example, if you distribute copies of such a program, |
| whether gratis or for a fee, you must give the recipients |
| all the rights that you have. You must make sure that they, |
| too, receive or can get the source code. And you must show |
| them these terms so they know their rights. |
| |
| We protect your rights with two steps: (1) copyright the |
| software, and (2) offer you this license which gives you |
| legal permission to copy, distribute and/or modify the |
| software. |
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| Also, for each author's protection and ours, we want to make |
| certain that everyone understands that there is no warranty |
| for this free software. If the software is modified by |
| someone else and passed on, we want its recipients to know |
| that what they have is not the original, so that any |
| problems introduced by others will not reflect on the |
| original authors' reputations. |
| |
| Finally, any free program is threatened constantly by |
| software patents. We wish to avoid the danger that |
| redistributors of a free program will individually obtain |
| patent licenses, in effect making the program proprietary. |
| To prevent this, we have made it clear that any patent must |
| be licensed for everyone's free use or not licensed at all. |
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| The precise terms and conditions for copying, distribution |
| and modification follow. TERMS AND CONDITIONS FOR COPYING, |
| DISTRIBUTION AND MODIFICATION 0. This License applies to any |
| program or other work which contains a notice placed by the |
| copyright holder saying it may be distributed under the |
| terms of this General Public License. The "Program", below, |
| refers to any such program or work, and a "work based on the |
| Program" means either the Program or any derivative work |
| under copyright law: that is to say, a work containing the |
| Program or a portion of it, either verbatim or with |
| modifications and/or translated into another language. |
| (Hereinafter, translation is included without limitation in |
| the term "modification".) Each licensee is addressed as |
| "you". |
| |
| Activities other than copying, distribution and modification |
| are not covered by this License; they are outside its scope. |
| The act of running the Program is not restricted, and the |
| output from the Program is covered only if its contents |
| constitute a work based on the Program (independent of |
| having been made by running the Program). Whether that is |
| true depends on what the Program does. |
| |
| 1. You may copy and distribute verbatim copies of the |
| Program's source code as you receive it, in any medium, |
| provided that you conspicuously and appropriately publish on |
| each copy an appropriate copyright notice and disclaimer of |
| warranty; keep intact all the notices that refer to this |
| License and to the absence of any warranty; and give any |
| other recipients of the Program a copy of this License along |
| with the Program. |
| |
| You may charge a fee for the physical act of transferring a |
| copy, and you may at your option offer warranty protection |
| in exchange for a fee. |
| |
| 2. You may modify your copy or copies of the Program or any |
| portion of it, thus forming a work based on the Program, and |
| copy and distribute such modifications or work under the |
| terms of Section 1 above, provided that you also meet all of |
| these conditions: |
| |
| a) You must cause the modified files to carry prominent |
| notices stating that you changed the files and the date of |
| any change. |
| |
| b) You must cause any work that you distribute or publish, |
| that in whole or in part contains or is derived from the |
| Program or any part thereof, to be licensed as a whole at no |
| charge to all third parties under the terms of this License. |
| |
| c) If the modified program normally reads commands |
| interactively when run, you must cause it, when started |
| running for such interactive use in the most ordinary way, |
| to print or display an announcement including an appropriate |
| copyright notice and a notice that there is no warranty (or |
| else, saying that you provide a warranty) and that users may |
| redistribute the program under these conditions, and telling |
| the user how to view a copy of this License. (Exception: if |
| the Program itself is interactive but does not normally |
| print such an announcement, your work based on the Program |
| is not required to print an announcement.) |
| |
| These requirements apply to the modified work as a whole. If |
| identifiable sections of that work are not derived from the |
| Program, and can be reasonably considered independent and |
| separate works in themselves, then this License, and its |
| terms, do not apply to those sections when you distribute |
| them as separate works. But when you distribute the same |
| sections as part of a whole which is a work based on the |
| Program, the distribution of the whole must be on the terms |
| of this License, whose permissions for other licensees |
| extend to the entire whole, and thus to each and every part |
| regardless of who wrote it. |
| |
| Thus, it is not the intent of this section to claim rights |
| or contest your rights to work written entirely by you; |
| rather, the intent is to exercise the right to control the |
| distribution of derivative or collective works based on the |
| Program. In addition, mere aggregation of another work not |
| based on the Program with the Program (or with a work based |
| on the Program) on a volume of a storage or distribution |
| medium does not bring the other work under the scope of this |
| License. |
| |
| 3. You may copy and distribute the Program (or a work based |
| on it, under Section 2) in object code or executable form |
| under the terms of Sections 1 and 2 above provided that you |
| also do one of the following: |
| |
| a) Accompany it with the complete corresponding |
| machine-readable source code, which must be distributed |
| under the terms of Sections 1 and 2 above on a medium |
| customarily used for software interchange; or, |
| |
| b) Accompany it with a written offer, valid for at least |
| three years, to give any third party, for a charge no more |
| than your cost of physically performing source distribution, |
| a complete machine-readable copy of the corresponding source |
| code, to be distributed under the terms of Sections 1 and 2 |
| above on a medium customarily used for software interchange; |
| or, |
| |
| c) Accompany it with the information you received as to the |
| offer to distribute corresponding source code. (This |
| alternative is allowed only for noncommercial distribution |
| and only if you received the program in object code or |
| executable form with such an offer, in accord with |
| Subsection b above.) |
| |
| The source code for a work means the preferred form of the |
| work for making modifications to it. For an executable work, |
| complete source code means all the source code for all |
| modules it contains, plus any associated interface |
| definition files, plus the scripts used to control |
| compilation and installation of the executable. However, as |
| a special exception, the source code distributed need not |
| include anything that is normally distributed (in either |
| source or binary form) with the major components (compiler, |
| kernel, and so on) of the operating system on which the |
| executable runs, unless that component itself accompanies |
| the executable. If distribution of executable or object code |
| is made by offering access to copy from a designated place, |
| then offering equivalent access to copy the source code from |
| the same place counts as distribution of the source code, |
| even though third parties are not compelled to copy the |
| source along with the object code. |
| |
| 4. You may not copy, modify, sublicense, or distribute the |
| Program except as expressly provided under this License. Any |
| attempt otherwise to copy, modify, sublicense or distribute |
| the Program is void, and will automatically terminate your |
| rights under this License. However, parties who have |
| received copies, or rights, from you under this License will |
| not have their licenses terminated so long as such parties |
| remain in full compliance. |
| |
| 5. You are not required to accept this License, since you |
| have not signed it. However, nothing else grants you |
| permission to modify or distribute the Program or its |
| derivative works. These actions are prohibited by law if you |
| do not accept this License. Therefore, by modifying or |
| distributing the Program (or any work based on the Program), |
| you indicate your acceptance of this License to do so, and |
| all its terms and conditions for copying, distributing or |
| modifying the Program or works based on it. |
| |
| 6. Each time you redistribute the Program (or any work based |
| on the Program), the recipient automatically receives a |
| license from the original licensor to copy, distribute or |
| modify the Program subject to these terms and conditions. |
| You may not impose any further restrictions on the |
| recipients' exercise of the rights granted herein. You are |
| not responsible for enforcing compliance by third parties to |
| this License. |
| |
| 7. If, as a consequence of a court judgment or allegation of |
| patent infringement or for any other reason (not limited to |
| patent issues), conditions are imposed on you (whether by |
| court order, agreement or otherwise) that contradict the |
| conditions of this License, they do not excuse you from the |
| conditions of this License. If you cannot distribute so as |
| to satisfy simultaneously your obligations under this |
| License and any other pertinent obligations, then as a |
| consequence you may not distribute the Program at all. For |
| example, if a patent license would not permit royalty-free |
| redistribution of the Program by all those who receive |
| copies directly or indirectly through you, then the only way |
| you could satisfy both it and this License would be to |
| refrain entirely from distribution of the Program. |
| |
| If any portion of this section is held invalid or |
| unenforceable under any particular circumstance, the balance |
| of the section is intended to apply and the section as a |
| whole is intended to apply in other circumstances. It is not |
| the purpose of this section to induce you to infringe any |
| patents or other property right claims or to contest |
| validity of any such claims; this section has the sole |
| purpose of protecting the integrity of the free software |
| distribution system, which is implemented by public license |
| practices. Many people have made generous contributions to |
| the wide range of software distributed through that system |
| in reliance on consistent application of that system; it is |
| up to the author/donor to decide if he or she is willing to |
| distribute software through any other system and a licensee |
| cannot impose that choice. |
| |
| This section is intended to make thoroughly clear what is |
| believed to be a consequence of the rest of this License. |
| |
| 8. If the distribution and/or use of the Program is |
| restricted in certain countries either by patents or by |
| copyrighted interfaces, the original copyright holder who |
| places the Program under this License may add an explicit |
| geographical distribution limitation excluding those |
| countries, so that distribution is permitted only in or |
| among countries not thus excluded. In such case, this |
| License incorporates the limitation as if written in the |
| body of this License. |
| |
| 9. The Free Software Foundation may publish revised and/or |
| new versions of the General Public License from time to |
| time. Such new versions will be similar in spirit to the |
| present version, but may differ in detail to address new |
| problems or concerns. |
| |
| Each version is given a distinguishing version number. If |
| the Program specifies a version number of this License which |
| applies to it and "any later version", you have the option |
| of following the terms and conditions either of that version |
| or of any later version published by the Free Software |
| Foundation. If the Program does not specify a version number |
| of this License, you may choose any version ever published |
| by the Free Software Foundation. |
| |
| 10. If you wish to incorporate parts of the Program into |
| other free programs whose distribution conditions are |
| different, write to the author to ask for permission. For |
| software which is copyrighted by the Free Software |
| Foundation, write to the Free Software Foundation; we |
| sometimes make exceptions for this. Our decision will be |
| guided by the two goals of preserving the free status of all |
| derivatives of our free software and of promoting the |
| sharing and reuse of software generally. |
| |
| NO WARRANTY |
| |
| 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS |
| NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY |
| APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE |
| COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM |
| "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR |
| IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR |
| PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE |
| OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE |
| DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, |
| REPAIR OR CORRECTION. |
| |
| 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED |
| TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY |
| WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED |
| ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, |
| SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF |
| THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT |
| LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR |
| LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE |
| PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH |
| HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF |
| SUCH DAMAGES. |
| |
| END OF TERMS AND CONDITIONS |
| |
| How to Apply These Terms to Your New Programs |
| |
| If you develop a new program, and you want it to be of the |
| greatest possible use to the public, the best way to achieve |
| this is to make it free software which everyone can |
| redistribute and change under these terms. |
| |
| To do so, attach the following notices to the program. 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 program's name and a brief idea of what |
| it does. |
| |
| Copyright (C) <year> <name of author> |
| |
| This program is free software; you can redistribute it |
| and/or modify it under the terms of the GNU General Public |
| License as published by the Free Software Foundation; either |
| version 2 of the License, or (at your option) any later |
| version. This program is distributed in the hope that it |
| will be useful, but WITHOUT ANY WARRANTY; without even the |
| implied warranty of MERCHANTABILITY or FITNESS FOR A |
| PARTICULAR PURPOSE. See the GNU General Public License for |
| more details. You should have received a copy of the GNU |
| General Public License along with this program; if not, |
| write to the Free Software Foundation, Inc., 59 Temple |
| Place, Suite 330, Boston, MA 02111-1307 USA |
| |
| Also add information on how to contact you by electronic and |
| paper mail. |
| |
| If the program is interactive, make it output a short notice |
| like this when it starts in an interactive mode: |
| |
| Gnomovision version 69, Copyright (C) year name of author |
| Gnomovision comes with ABSOLUTELY NO WARRANTY; for details |
| type `show w'. This is free software, and you are welcome to |
| redistribute it under certain conditions; type `show c' for |
| details. The hypothetical commands `show w' and `show c' |
| should show the appropriate parts of the General Public |
| License. Of course, the commands you use may be called |
| something other than `show w' and `show c'; they could even |
| be mouse-clicks or menu items--whatever suits your program. |
| |
| You should also get your employer (if you work as a |
| programmer) or your school, if any, to sign a "copyright |
| disclaimer" for the program, if necessary. Here is a sample; |
| alter the names: |
| |
| Yoyodyne, Inc., hereby disclaims all copyright interest in |
| the program `Gnomovision' (which makes passes at compilers) |
| written by James Hacker. |
| |
| signature of Ty Coon, 1 April 1989 |
| Ty Coon, President of Vice |
| |
| This General Public License does not permit incorporating |
| your program into proprietary programs. If your program is a |
| subroutine library, you may consider it more useful to |
| permit linking proprietary applications with the library. If |
| this is what you want to do, use the GNU Library General |
| Public License instead of this License. |
| |
| "CLASSPATH" EXCEPTION TO THE GPL VERSION 2 |
| |
| Certain source files distributed by Oracle America, Inc. |
| and/or its affiliates are subject to the following |
| clarification and special exception to the GPLv2, based on |
| the GNU Project exception for its Classpath libraries, known |
| as the GNU Classpath Exception, but only where Oracle has |
| expressly included in the particular source file's header |
| the words "Oracle designates this particular file as subject |
| to the "Classpath" exception as provided by Oracle in the |
| LICENSE file that accompanied this code." |
| |
| You should also note that Oracle includes multiple, |
| independent programs in this software package. Some of those |
| programs are provided under licenses deemed incompatible |
| with the GPLv2 by the Free Software Foundation and others. |
| For example, the package includes programs licensed under |
| the Apache License, Version 2.0. Such programs are licensed |
| to you under their original licenses. |
| |
| Oracle facilitates your further distribution of this package |
| by adding the Classpath Exception to the necessary parts of |
| its GPLv2 code, which permits you to use that code in |
| combination with other independent modules not licensed |
| under the GPLv2. However, note that this would not permit |
| you to commingle code under an incompatible license with |
| Oracle's GPLv2 licensed code by, for example, cutting and |
| pasting such code into a file also containing Oracle's GPLv2 |
| licensed code and then distributing the result. |
| |
| Additionally, if you were to remove the Classpath Exception |
| from any of the files to which it applies and distribute the |
| result, you would likely be required to license some or all |
| of the other code in that distribution under the GPLv2 as |
| well, and since the GPLv2 is incompatible with the license |
| terms of some items included in the distribution by Oracle, |
| removing the Classpath Exception could therefore effectively |
| compromise your ability to further distribute the package. |
| |
| Proceed with caution and we recommend that you obtain the |
| advice of a lawyer skilled in open source matters before |
| removing the Classpath Exception or making modifications to |
| this package which may subsequently be redistributed and/or |
| involve the use of third party software. |
| |
| CLASSPATH EXCEPTION |
| |
| Linking this library statically or dynamically with other |
| modules is making a combined work based on this library. |
| Thus, the terms and conditions of the GNU General Public |
| License version 2 cover the whole combination. |
| |
| As a special exception, the copyright holders of this |
| library give you permission to link this library with |
| independent modules to produce an executable, regardless of |
| the license terms of these independent modules, and to copy |
| and distribute the resulting executable under terms of your |
| choice, provided that you also meet, for each linked |
| independent module, the terms and conditions of the license |
| of that module. An independent module is a module which is |
| not derived from or based on this library. If you modify |
| this library, you may extend this exception to your version |
| of the library, but you are not obligated to do so. If you |
| do not wish to do so, delete this exception statement from |
| your version. |
| |
| |
| ************************************************************ |
| |
| LICENSE #2: |
| |
| 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. |
| |
| Oracle Corporation 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. |
| |
| For inquiries please contact: Oracle America, Inc., 500 |
| Oracle Parkway, Redwood Shores, California 94065, USA. |