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| Apache License |
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| Eclipse Public License - v 1.0 |
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| 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. |
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| 1. DEFINITIONS |
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| "Contribution" means: |
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| a) in the case of the initial Contributor, the initial code and documentation |
| distributed under this Agreement, and |
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| b) in the case of each subsequent Contributor: |
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| i) changes to the Program, and |
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| ii) additions to the Program; |
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| where such changes and/or additions to the Program originate from and are |
| distributed by that particular Contributor. A Contribution 'originates' from a |
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| derivative works of the Program. |
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| "Contributor" means any person or entity that distributes the Program. |
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| "Licensed Patents" mean patent claims licensable by a Contributor which are |
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| combined with the Program. |
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| "Program" means the Contributions distributed in accordance with this Agreement. |
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| "Recipient" means anyone who receives the Program under this Agreement, |
| including all Contributors. |
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| 2. GRANT OF RIGHTS |
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| 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. |
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| 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. |
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| 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 |
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| Recipient for claims brought by any other entity based on infringement of |
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| rights and licenses granted hereunder, each Recipient hereby assumes sole |
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| 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. |
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| d) Each Contributor represents that to its knowledge it has sufficient copyright |
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| this Agreement. |
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| 3. REQUIREMENTS |
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| A Contributor may choose to distribute the Program in object code form under its |
| own license agreement, provided that: |
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| a) it complies with the terms and conditions of this Agreement; and |
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| b) its license agreement: |
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| 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; |
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| ii) effectively excludes on behalf of all Contributors all liability for |
| damages, including direct, indirect, special, incidental and consequential |
| damages, such as lost profits; |
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| iii) states that any provisions which differ from this Agreement are offered by |
| that Contributor alone and not by any other party; and |
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| 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. |
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| When the Program is made available in source code form: |
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| a) it must be made available under this Agreement; and |
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| b) a copy of this Agreement must be included with each copy of the Program. |
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| Contributors may not remove or alter any copyright notices contained within the |
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| Each Contributor must identify itself as the originator of its Contribution, if |
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| 4. COMMERCIAL DISTRIBUTION |
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| 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 |
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| 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. |
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| For example, a Contributor might include the Program in a commercial product |
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| Commercial Contributor then makes performance claims, or offers warranties |
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| Commercial Contributor's responsibility alone. Under this section, the |
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| 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. |
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| 5. NO WARRANTY |
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| 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 |
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| 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. |
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| 6. DISCLAIMER OF LIABILITY |
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| 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 |
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| 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. |
| |
| |
| For the Windows Installer component: |
| |
| * All NSIS source code, plug-ins, documentation, examples, header files and |
| graphics, with the exception of the compression modules and where |
| otherwise noted, are licensed under the zlib/libpng license. |
| * The zlib compression module for NSIS is licensed under the zlib/libpng |
| license. |
| * The bzip2 compression module for NSIS is licensed under the bzip2 license. |
| * The lzma compression module for NSIS is licensed under the Common Public |
| License version 1.0. |
| |
| zlib/libpng license |
| |
| This software is provided 'as-is', without any express or implied warranty. In |
| no event will the authors be held liable for any damages arising from the use of |
| this software. |
| |
| Permission is granted to anyone to use this software for any purpose, including |
| commercial applications, and to alter it and redistribute it freely, subject to |
| the following restrictions: |
| |
| 1. The origin of this software must not be misrepresented; you must not claim |
| that you wrote the original software. If you use this software in a |
| product, an acknowledgment in the product documentation would be |
| appreciated but is not required. |
| 2. Altered source versions must be plainly marked as such, and must not be |
| misrepresented as being the original software. |
| 3. This notice may not be removed or altered from any source distribution. |
| |
| bzip2 license |
| |
| Redistribution and use in source and binary forms, with or without modification, |
| are permitted provided that the following conditions are met: |
| |
| 1. Redistributions of source code must retain the above copyright notice, |
| this list of conditions and the following disclaimer. |
| 2. The origin of this software must not be misrepresented; you must not claim |
| that you wrote the original software. If you use this software in a |
| product, an acknowledgment in the product documentation would be |
| appreciated but is not required. |
| 3. Altered source versions must be plainly marked as such, and must not be |
| misrepresented as being the original software. |
| 4. The name of the author may not be used to endorse or promote products |
| derived from this software without specific prior written permission. |
| |
| THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``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 AUTHOR 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. |
| |
| Julian Seward, Cambridge, UK. |
| |
| jseward@acm.org |
| Common Public License version 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. |
| |
| Special exception for LZMA compression module |
| |
| Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for |
| NSIS, expressly permit you to statically or dynamically link your code (or bind |
| by name) to the files from the LZMA compression module for NSIS without |
| subjecting your linked code to the terms of the Common Public license version |
| 1.0. Any modifications or additions to files from the LZMA compression module |
| for NSIS, however, are subject to the terms of the Common Public License version |
| 1.0. |
| |
| |
| For the following XML Schemas for Java EE Deployment Descriptors: |
| - javaee_5.xsd |
| - javaee_web_services_1_2.xsd |
| - javaee_web_services_client_1_2.xsd |
| - javaee_6.xsd |
| - javaee_web_services_1_3.xsd |
| - javaee_web_services_client_1_3.xsd |
| - jsp_2_2.xsd |
| - web-app_3_0.xsd |
| - web-common_3_0.xsd |
| - web-fragment_3_0.xsd |
| - javaee_7.xsd |
| - javaee_web_services_1_4.xsd |
| - javaee_web_services_client_1_4.xsd |
| - jsp_2_3.xsd |
| - web-app_3_1.xsd |
| - web-common_3_1.xsd |
| - web-fragment_3_1.xsd |
| |
| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
| |
| 1. Definitions. |
| |
| 1.1. Contributor. means each individual or entity that creates or contributes |
| to the creation of Modifications. |
| |
| 1.2. Contributor Version. means the combination of the Original Software, |
| prior Modifications used by a Contributor (if any), and the |
| Modifications made by that particular Contributor. |
| |
| 1.3. Covered Software. means (a) the Original Software, or (b) Modifications, |
| or (c) the combination of files containing Original Software with files |
| containing Modifications, in each case including portions thereof. |
| |
| 1.4. Executable. means the Covered Software in any form other than Source |
| Code. |
| |
| 1.5. Initial Developer. means the individual or entity that first makes |
| Original Software available under this License. |
| |
| 1.6. Larger Work. means a work which combines Covered Software or portions |
| thereof with code not governed by the terms of this License. |
| |
| 1.7. License. means this document. |
| |
| 1.8. Licensable. means having the right to grant, to the maximum extent |
| possible, whether at the time of the initial grant or subsequently |
| acquired, any and all of the rights conveyed herein. |
| |
| 1.9. Modifications. means the Source Code and Executable form of any of the |
| following: |
| |
| A. Any file that results from an addition to, deletion from or |
| modification of the contents of a file containing Original Software |
| or previous Modifications; |
| |
| B. Any new file that contains any part of the Original Software or |
| previous Modification; or |
| |
| C. Any new file that is contributed or otherwise made available under |
| the terms of this License. |
| |
| 1.10. Original Software. means the Source Code and Executable form of |
| computer software code that is originally released under this License. |
| |
| 1.11. Patent Claims. means any patent claim(s), now owned or hereafter |
| acquired, including without limitation, method, process, and apparatus |
| claims, in any patent Licensable by grantor. |
| |
| 1.12. Source Code. means (a) the common form of computer software code in |
| which modifications are made and (b) associated documentation included |
| in or with such code. |
| |
| 1.13. You. (or .Your.) means an individual or a legal entity exercising |
| rights under, and complying with all of the terms of, this License. For |
| legal entities, .You. includes any entity which controls, is controlled |
| by, or is under common control with You. For purposes of this |
| definition, .control. means (a) the power, direct or indirect, to cause |
| the direction or management of such entity, whether by contract or |
| otherwise, or (b) ownership of more than fifty percent (50%) of the |
| outstanding shares or beneficial ownership of such entity. |
| |
| 2. License Grants. |
| |
| 2.1. The Initial Developer Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject to |
| third party intellectual property claims, the Initial Developer hereby |
| grants You a world-wide, royalty-free, non-exclusive license: |
| |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Initial Developer, to use, reproduce, modify, display, |
| perform, sublicense and distribute the Original Software (or |
| portions thereof), with or without Modifications, and/or as part of |
| a Larger Work; and |
| |
| (b) under Patent Claims infringed by the making, using or selling of |
| Original Software, to make, have made, use, practice, sell, and |
| offer for sale, and/or otherwise dispose of the Original Software |
| (or portions thereof). |
| |
| (c) The licenses granted in Sections 2.1(a) and (b) are effective on the |
| date Initial Developer first distributes or otherwise makes the |
| Original Software available to a third party under the terms of this |
| License. |
| |
| (d) Notwithstanding Section 2.1(b) above, no patent license is granted: |
| (1) for code that You delete from the Original Software, or (2) for |
| infringements caused by: (i) the modification of the Original |
| Software, or (ii) the combination of the Original Software with |
| other software or devices. |
| |
| 2.2. Contributor Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject to third |
| party intellectual property claims, each Contributor hereby grants You a |
| world-wide, royalty-free, non-exclusive license: |
| |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Contributor to use, reproduce, modify, display, |
| perform, sublicense and distribute the Modifications created by such |
| Contributor (or portions thereof), either on an unmodified basis, |
| with other Modifications, as Covered Software and/or as part of a |
| Larger Work; and |
| |
| (b) under Patent Claims infringed by the making, using, or selling of |
| Modifications made by that Contributor either alone and/or in |
| combination with its Contributor Version (or portions of such |
| combination), to make, use, sell, offer for sale, have made, and/or |
| otherwise dispose of: (1) Modifications made by that Contributor (or |
| portions thereof); and (2) the combination of Modifications made by |
| that Contributor with its Contributor Version (or portions of such |
| combination). |
| |
| (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on |
| the date Contributor first distributes or otherwise makes the |
| Modifications available to a third party. |
| |
| (d) Notwithstanding Section 2.2(b) above, no patent license is granted: |
| (1) for any code that Contributor has deleted from the Contributor |
| Version; (2) for infringements caused by: (i) third party |
| modifications of Contributor Version, or (ii) the combination of |
| Modifications made by that Contributor with other software (except |
| as part of the Contributor Version) or other devices; or (3) under |
| Patent Claims infringed by Covered Software in the absence of |
| Modifications made by that Contributor. |
| |
| 3. Distribution Obligations. |
| |
| 3.1. Availability of Source Code. |
| Any Covered Software that You distribute or otherwise make available in |
| Executable form must also be made available in Source Code form and that |
| Source Code form must be distributed only under the terms of this License. |
| You must include a copy of this License with every copy of the Source Code |
| form of the Covered Software You distribute or otherwise make available. |
| You must inform recipients of any such Covered Software in Executable form |
| as to how they can obtain such Covered Software in Source Code form in a |
| reasonable manner on or through a medium customarily used for software |
| exchange. |
| |
| 3.2. Modifications. |
| The Modifications that You create or to which You contribute are governed |
| by the terms of this License. You represent that You believe Your |
| Modifications are Your original creation(s) and/or You have sufficient |
| rights to grant the rights conveyed by this License. |
| |
| 3.3. Required Notices. |
| You must include a notice in each of Your Modifications that identifies |
| You as the Contributor of the Modification. You may not remove or alter |
| any copyright, patent or trademark notices contained within the Covered |
| Software, or any notices of licensing or any descriptive text giving |
| attribution to any Contributor or the Initial Developer. |
| |
| 3.4. Application of Additional Terms. |
| You may not offer or impose any terms on any Covered Software in Source |
| Code form that alters or restricts the applicable version of this License |
| or the recipients. rights hereunder. You may choose to offer, and to |
| charge a fee for, warranty, support, indemnity or liability obligations to |
| one or more recipients of Covered Software. However, you may do so only on |
| Your own behalf, and not on behalf of the Initial Developer or any |
| Contributor. You must make it absolutely clear that any such warranty, |
| support, indemnity or liability obligation is offered by You alone, and |
| You hereby agree to indemnify the Initial Developer and every Contributor |
| for any liability incurred by the Initial Developer or such Contributor as |
| a result of warranty, support, indemnity or liability terms You offer. |
| |
| 3.5. Distribution of Executable Versions. |
| You may distribute the Executable form of the Covered Software under the |
| terms of this License or under the terms of a license of Your choice, |
| which may contain terms different from this License, provided that You are |
| in compliance with the terms of this License and that the license for the |
| Executable form does not attempt to limit or alter the recipient.s rights |
| in the Source Code form from the rights set forth in this License. If You |
| distribute the Covered Software in Executable form under a different |
| license, You must make it absolutely clear that any terms which differ |
| from this License are offered by You alone, not by the Initial Developer |
| or Contributor. You hereby agree to indemnify the Initial Developer and |
| every Contributor for any liability incurred by the Initial Developer or |
| such Contributor as a result of any such terms You offer. |
| |
| 3.6. Larger Works. |
| You may create a Larger Work by combining Covered Software with other code |
| not governed by the terms of this License and distribute the Larger Work |
| as a single product. In such a case, You must make sure the requirements |
| of this License are fulfilled for the Covered Software. |
| |
| 4. Versions of the License. |
| |
| 4.1. New Versions. |
| Sun Microsystems, Inc. is the initial license steward and may publish |
| revised and/or new versions of this License from time to time. Each |
| version will be given a distinguishing version number. Except as provided |
| in Section 4.3, no one other than the license steward has the right to |
| modify this License. |
| |
| 4.2. Effect of New Versions. |
| You may always continue to use, distribute or otherwise make the Covered |
| Software available under the terms of the version of the License under |
| which You originally received the Covered Software. If the Initial |
| Developer includes a notice in the Original Software prohibiting it from |
| being distributed or otherwise made available under any subsequent version |
| of the License, You must distribute and make the Covered Software |
| available under the terms of the version of the License under which You |
| originally received the Covered Software. Otherwise, You may also choose |
| to use, distribute or otherwise make the Covered Software available under |
| the terms of any subsequent version of the License published by the |
| license steward. |
| |
| 4.3. Modified Versions. |
| When You are an Initial Developer and You want to create a new license for |
| Your Original Software, You may create and use a modified version of this |
| License if You: (a) rename the license and remove any references to the |
| name of the license steward (except to note that the license differs from |
| this License); and (b) otherwise make it clear that the license contains |
| terms which differ from this License. |
| |
| 5. DISCLAIMER OF WARRANTY. |
| |
| COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT |
| WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT |
| LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, |
| MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK |
| AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD |
| ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL |
| DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY |
| SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
| ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED |
| HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| |
| 6. TERMINATION. |
| |
| 6.1. This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and fail to |
| cure such breach within 30 days of becoming aware of the breach. |
| Provisions which, by their nature, must remain in effect beyond the |
| termination of this License shall survive. |
| |
| 6.2. If You assert a patent infringement claim (excluding declaratory |
| judgment actions) against Initial Developer or a Contributor (the |
| Initial Developer or Contributor against whom You assert such claim |
| is referred to as .Participant.) alleging that the Participant |
| Software (meaning the Contributor Version where the Participant is a |
| Contributor or the Original Software where the Participant is the |
| Initial Developer) directly or indirectly infringes any patent, then |
| any and all rights granted directly or indirectly to You by such |
| Participant, the Initial Developer (if the Initial Developer is not |
| the Participant) and all Contributors under Sections 2.1 and/or 2.2 |
| of this License shall, upon 60 days notice from Participant terminate |
| prospectively and automatically at the expiration of such 60 day |
| notice period, unless if within such 60 day period You withdraw Your |
| claim with respect to the Participant Software against such |
| Participant either unilaterally or pursuant to a written agreement |
| with Participant. |
| |
| 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end |
| user licenses that have been validly granted by You or any |
| distributor hereunder prior to termination (excluding licenses |
| granted to You by any distributor) shall survive termination. |
| |
| 7. LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
| NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY |
| OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF |
| ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, |
| INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, |
| COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR |
| LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF |
| SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
| DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY.S NEGLIGENCE TO THE EXTENT |
| APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS |
| EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| |
| 8. U.S. GOVERNMENT END USERS. |
| |
| The Covered Software is a .commercial item,. as that term is defined in 48 |
| C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as |
| that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial |
| computer software documentation. as such terms are used in 48 C.F.R. 12.212 |
| (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 |
| through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered |
| Software with only those rights set forth herein. This U.S. Government Rights |
| clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or |
| provision that addresses Government rights in computer software under this |
| License. |
| |
| 9. MISCELLANEOUS. |
| |
| This License represents the complete agreement concerning subject matter |
| hereof. If any provision of this License is held to be unenforceable, such |
| provision shall be reformed only to the extent necessary to make it |
| enforceable. This License shall be governed by the law of the jurisdiction |
| specified in a notice contained within the Original Software (except to the |
| extent applicable law, if any, provides otherwise), excluding such |
| jurisdiction's conflict-of-law provisions. Any litigation relating to this |
| License shall be subject to the jurisdiction of the courts located in the |
| jurisdiction and venue specified in a notice contained within the Original |
| Software, with the losing party responsible for costs, including, without |
| limitation, court costs and reasonable attorneys. fees and expenses. The |
| application of the United Nations Convention on Contracts for the |
| International Sale of Goods is expressly excluded. Any law or regulation |
| which provides that the language of a contract shall be construed against |
| the drafter shall not apply to this License. You agree that You alone are |
| responsible for compliance with the United States export administration |
| regulations (and the export control laws and regulation of any other |
| countries) when You use, distribute or otherwise make available any Covered |
| Software. |
| |
| 10. RESPONSIBILITY FOR CLAIMS. |
| |
| As between Initial Developer and the Contributors, each party is responsible |
| for claims and damages arising, directly or indirectly, out of its |
| utilization of rights under this License and You agree to work with Initial |
| Developer and Contributors to distribute such responsibility on an equitable |
| basis. Nothing herein is intended or shall be deemed to constitute any |
| admission of liability. |
| |
| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION |
| LICENSE (CDDL) |
| |
| The 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. |
| |