TIBCO Software Inc. End User License Agreement | 1
TIBCO Software Inc. End User License Agreement For TIBCO(R) EMS Client for IBM i
PLEASE READ CAREFULLY: IF YOU HAVE ANOTHER VALID, BIOLOGICAL WEAPONS OF MASS DESTRUCTION, AND (Z) SIGNED AGREEMENT WITH TIBCO WHICH APPLIES TO THE DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT THE SPECIFIC SOFTWARE, EQUIPMENT, CLOUD OR HOSTED PRODUCTS OR MATERIALS, DIRECTLY OR INDIRECTLY, TO THE SERVICES YOU WILL BE DOWNLOADING, ACCESSING OR ABOVE MENTIONED COUNTRIES OR TO CITIZENS, NATIONALS OTHERWISE RECEIVING, (INDIVIDUALLY AND COLLECTIVELY OR RESIDENTS OF THOSE COUNTRIES. REFERRED TO AS THE "PRODUCTS"), THAT OTHER AGREEMENT APPLIES TO THE PRODUCTS. OTHERWISE, BY 1. Upon your Acceptance, the following shall govern your use of the USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING Products and Services, except to the extent all or any portion are (a) PRODUCTS, OR BY CLICKING ON "I ACCEPT" ON OR ADJACENT subject to a separate written, duly executed agreement, or (b) also TO THE SCREEN WHERE THIS AGREEMENT MAY BE subject to the terms of an Addendum at the end of this Agreement, in DISPLAYED, YOU HEREBY AGREE TO BE BOUND BY AND which case the terms of such Addendum shall control over ACCEPT THE TERMS OF THIS AGREEMENT ("ACCEPTANCE"). inconsistent terms in this Agreement. THIS AGREEMENT SHALL ALSO APPLY TO ANY MAINTENANCE OR CONSULTING SERVICES ("SERVICES") YOU ACQUIRE FROM 2. Definitions. Capitalized terms used in this Agreement and not TIBCO RELATING TO THE PRODUCT. otherwise defined, are defined below or at http://www.tibco.com/software/parametersdefinitions.jsp. "Order Form" IF YOU DO NOT AGREE TO THESE TERMS 1) DO NOT means any purchase order or similar document, written agreement, or DOWNLOAD OR INSTALL THE SOFTWARE, AND OR 2) DO NOT a web store or web site order or registration requesting Products or ACCESS OR REGISTER TO ACCESS ANY CLOUD OR HOSTED Services. "Purchase Date" means the date the Order Form is SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, AND accepted by us and in the case of a web store or web site transaction, DELIVERY OF THE PRODUCTS IS AFFECTED, DO NOT USE, the date of your download or access a Product. If proprietary source DOWNLOAD, INSTALL, COPY, OR ACCESS THE PRODUCTS. code is included as part of the standard delivery of a Product and is PROMPTLY RETURN THE PRODUCT WITH PROOF OF not subject to open source license terms, use of such source code is PURCHASE TO THE PARTY FROM WHOM YOU ACQUIRED IT AND controlled by the terms of this Agreement. "Updates" means Product OBTAIN A REFUND OF THE AMOUNT YOU PAID, IF ANY. IF YOU bug fixes, enhancements, and updates, if and when made generally DOWNLOADED ANY SOFTWARE, CONTACT THE PARTY FROM available by us as part of Maintenance. WHOM YOU ACQUIRED IT. 3. Alpha, Beta and Evaluation Licenses. If the Products are provided IF YOU ARE ACCEPTING THIS AGREEMENT ON BEHALF OF or accessed for demonstration, alpha or beta testing, or evaluation ANOTHER PERSON OR PERSONS, COMPANY OR OTHER LEGAL purposes, then you agree (a) to use the Products solely for such ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL purposes, (b) that the Products will not be used or deployed in a AUTHORITY TO BIND EACH PERSON, COMPANY, OR LEGAL production or development environment, and (c) that such use shall ENTITY TO THIS AGREEMENT. THIS AGREEMENT IS ENTERED automatically terminate upon the earlier of (i) thirty days from the date INTO BY AND BETWEEN TIBCO SOFTWARE INC. AND ANY you receive the right to install or access the Product, (ii) your receipt of ENTITIES, REGARDLESS OF CORPORATE STATUS, notice of termination from us, or (iii) you no longer have access to the CONTROLLED BY, CONTROLLING, OR UNDER COMMON Cloud or the Hosted Services. CONTROL WITH TIBCO SOFTWARE INC. (COLLECTIVELY, "TIBCO", "WE, "US" OR "OUR") AND YOU, YOUR CO-WORKERS, 4. License Grant. The Products are the property of TIBCO or its YOUR EMPLOYEES, AGENTS AND CONTRACTORS AND ANY licensors and are protected by copyright and other laws. While TIBCO OTHER PERSON OR PERSONS, COMPANY OR OTHER LEGAL continues to own or have license rights to the Products, we hereby ENTITY ON WHOSE BEHALF YOU ARE ACCEPTING THIS grant you a limited, non-transferable, non-exclusive license to use the AGREEMENT (COLLECTIVELY, "CUSTOMER", "YOU" OR "YOUR"). Number of Units set forth in the Order Form solely for your internal business use. FURTHER, YOU WARRANT AND AGREE THAT YOU ARE NOT (A) A CITIZEN, NATIONAL OR RESIDENT OF, AND ARE NOT UNDER 5. License Term. The term of each license for a Product shall be THE CONTROL OF, THE GOVERNMENT OF: CUBA, IRAN, NORTH either perpetual or limited as designated on an Order Form. If a KOREA, SUDAN, SYRIA, OR ANY OTHER COUNTRY TO WHICH Product is licensed on a limited term basis, then, unless otherwise set THE UNITED STATES HAS PROHIBITED EXPORT, OR (B) LISTED forth in an Order Form, the term shall commence on the Purchase ON THE UNITED STATES TREASURY DEPARTMENT'S LISTS OF Date and have the following duration: SPECIALLY DESIGNATED NATIONALS, SPECIALLY DESIGNATED TERRORISTS, OR SPECIALLY DESIGNATED NARCOTIC "Alpha, Beta and Evaluation - thirty (30) days. TRAFFICKERS, OR LISTED ON THE UNITED STATES COMMERCE DEPARTMENT'S TABLE OF DENIAL ORDERS. YOU FURTHER "Hosted Services - one (1) year WARRANT AND AGREE THAT YOU WILL NOT (X) DOWNLOAD OR OTHERWISE EXPORT OR RE-EXPORT THE PRODUCTS OR "Cloud - one (1) year MATERIALS, DIRECTLY OR INDIRECTLY, TO PERSONS ON THE ABOVEMENTIONED LISTS, (Y) USE THE PRODUCTS OR "Software purchases on a term limited basis - three (3) years MATERIALS FOR, AND WILL NOT ALLOW THE PRODUCTS OR MATERIALS TO BE USED FOR, ANY PURPOSES PROHIBITED BY If you originally registered to download or access a Product for Alpha, UNITED STATES OR OTHER APPLICABLE LAW, INCLUDING, Beta or Evaluation purposes, upon re-registration you may be WITHOUT LIMITATION, FOR THE DEVELOPMENT, DESIGN, permitted one (1) additional term. On expiration of a limited term, you MANUFACTURE OR PRODUCTION OF NUCLEAR, CHEMICAL OR
TIBCO EMS Client for IBM i 2 | TIBCO Software Inc. End User License Agreement
must cease using and return or destroy all copies of the Products and service providers of planned downtime (of which we shall provide such related Confidential Information. notice to you via the Hosted services as soon we can reasonably do so), or (c) any unavailability caused by circumstances beyond our 6. Delivery. Products are delivered electronically, and delivery reasonable control, including, without limitation, acts of God, acts of deemed complete when duly made available to you. government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, internet service or third party hosting provider 7. Equipment Lease or Purchase. failures or delays ("Force Majeure"). Hosted Services are provided in accordance with applicable laws and government regulations. A. Lease. The term of each Equipment Lease shall be limited as set forth in an Order Form. However, the first forty-five (45) days from the 9. Cloud. Provisioning of the Cloud will be confirmed electronically initial term Purchase Date shall be considered the first month of the and delivery deemed complete when such confirmation is made term and charged as such. As long as you are not then in breach of available to you. Provisioning of the Cloud requires an account be any term of this Agreement, you will have the right to renew an established for you in TIBCOmmunity. You agree to and accept the Equipment Lease annually, for a one (1) year term, subject to payment Terms of Use for TIBCOmmunity of the annual lease renewal fee. We will send you a renewal invoice at (http://www.tibcommunity.com/themes/tibcotucon/resources/html/term least sixty (60) days prior to the term anniversary date. In the event we s_of_use.html) if you use the credentials to access the TIBCOmmunity do not receive payment for the lease renewal thirty (30) days prior to site. Certain Software products provided for installation by you and are the term anniversary date, the existing lease term will terminate at the provided solely to enable the functionality of the Cloud, and may not end of the lease, in accordance with terms of this Agreement. be used for any other purpose. You are solely responsible for procuring your own account with the applicable TIBCO approved third B. Purchase. When we accept your order to Purchase the Equipment, party service provider ("Provider") for the Cloud and for the technical we agree to sell you the Equipment described in the Order Form. We operation of the content of your account. transfer all title to the hardware component of the Equipment when we or our agent ships the Equipment. Notwithstanding the foregoing, we 10. Hosted Services and Cloud Restrictions. reserve, and you consent to our reservation of, a purchase money security interest in the Equipment until we receive the fees set forth in A. In connection with your use of Hosted Services or a Cloud, in the Order Form. For a feature, conversion, or upgrade involving the addition to the Restrictions below, you shall (i) be responsible for your removal of parts in connection with the Equipment, which parts users' compliance with this Agreement (ii) be solely responsible for the become our property, we reserve, and you consent to our reservation accuracy, quality, integrity and lawfulness of and of the means by of a security interest in the Equipment until we receive payment of all which you acquire and disclose your data, (iii) not store or transmit the amounts due and the removed parts. You authorize us to file infringing, libelous, or otherwise unlawful or tortious material or appropriate documents to permit the perfection of our purchase malicious code, nor store or transmit material in violation of third-party money security interest. privacy rights, (iv) not sell, resell, rent or lease the Hosted Services or Cloud (v) use commercially reasonable efforts to prevent unauthorized C. Equipment Insurance. If you are leasing Equipment, You shall access to or use of the Hosted Services or Cloud, and notify us procure and continuously maintain and pay for (i) all risk insurance promptly of any such unauthorized access or use, (vi) not interfere against loss of and damage to the Equipment for not less than the full with or disrupt the integrity or performance of any Provider services or replacement value of each Unit, naming us as loss payee, and (ii) third-party data contained there, (vii) not attempt to gain unauthorized public liability and property damage insurance insuring against third access to the Hosted Services, Cloud or their related systems or party personal and property damage in respect of the use and networks, and (vii) use the Hosted Services or Cloud only in operation of the Equipment in an amount not less than 1,000,000 USD accordance with any applicable Documentation and all applicable laws per occurrence, (iii) Each insurance policy shall name us as an and government regulations. Hosted Services or the Cloud may be additional named insured and a loss payee and provide that there subject to other limitations, such as, for example, limits on disk storage shall be no recourse against us for payment of premiums or other space, on the number of calls or number of users, third party terms of amounts. The insurance shall be in such form and with such company use, etc., specified in the applicable Documentation, web store or web or companies as shall be reasonably acceptable to us. You shall site. You are responsible for handling and processing notices sent to provide to us a certificate evidencing such insurance. You hereby you by any third party claiming that our content in connection with the appoint us as your attorney-in-fact to make claim for, receive payment Hosted Services, Cloud or any Provider services violates such party's of, and execute and endorse all documents, checks, or drafts received rights including, without limitation, notices pursuant to the Digital in payment for any loss or damage to the Equipment under any such Millennium Copyright Act. insurance policy. B. You represent and warrant that you will not use Hosted Services or D. Equipment Delivery. Title is deemed to transfer upon delivery by (i) the Cloud to promote any illegal activities or post any materials in our agent to our designated freight carrier, FCA Ontario, Canada violation of any law. In addition, in using and accessing Hosted (Incoterms 2000), or (ii) by us to our designated freight carrier, FCA Services or the Cloud, you shall not use any third party software in TIBCO's premises (Incoterms 2000). All freight, insurance and other connection with a Provider's or TIBCO service in any manner that shipping expenses shall be paid to the freight carrier by us. You will be requires, pursuant to the license applicable to such software, that any invoiced for shipping and handling charges listed on the Order Form. Provider or TIBCO property or services be: (i) disclosed or distributed Delivery is subject to the availability of Equipment. in source code form; (ii) made available free of charge to recipients; or (c) modifiable without restriction by recipients. You represent and 8. Hosted Services. We shall use commercially reasonable efforts to warrant that no software or content provided by you or your users in make the Hosted Services you have purchased available 24 hours a connection with your use of Hosted Services or the Cloud will contain day, 7 days a week, except for: (a) planned downtime under our direct any malicious or hidden mechanism or code for the purpose of control (of which we shall give at least 8 hours notice via the Hosted damage or corrupting the Hosted Services, Cloud or the Provider Services and which we shall schedule to the extent practicable during service. the weekend hours from 6:00 p.m. Pacific time Friday to 3:00 a.m. Pacific time Monday), (b) to the extent we are notified by third party
TIBCO EMS Client for IBM i TIBCO Software Inc. End User License Agreement | 3
C. You are solely responsible for adequate security, protection and Agreement by way of a written amendment signed by duly authorized back up of your date/content. We are not responsible for Provider officers of you and us. services; any unauthorized access; or the deletion, destruction, damage, loss or failure to store any of your content or other data that 14. Maintenance. Maintenance, if ordered (or if included in Lease, you submit or use in Hosted Services or the Cloud. Cloud or Hosted Services), is provided under the policies set forth in the Maintenance Program Guide in effect at the time Maintenance 11. Restrictions. You agree not to (a) make more copies than the services are provided. The policies set forth in the Maintenance Number of Units (except for a reasonable number of copies for Program Guide, incorporated into this Agreement, are subject to archival and disaster recovery purposes) or use any unlicensed change at our discretion; however the level of Maintenance service versions of the Software; (b) use any Software not listed in an Order provided by us will not be materially reduced if we change the policies Form, even if such unlicensed software is made available to you as during any twelve (12) month period for which Maintenance fees have part of the general delivery mechanism for the Products; (c) provide been paid by you. The current version of the Maintenance Program access to the Products to anyone other than employees, contractors, Guide can be accessed at or consultants who agree in writing to be bound by terms at least as http://www.tibco.com/services/support/default.jsp. Updates provided protective of TIBCO as those in this Agreement; (d) sublicense, under Maintenance or for any other reason by us, or our authorized transfer, assign, distribute to any third party, pledge, lease, rent, or resellers or distributors (if applicable), are subject to the license rights, commercially share the Products or any of your rights under this limitations and restrictions of this Agreement. To receive Maintenance, Agreement (for the purposes of the foregoing a change in control of all Products must be properly licensed and annual Maintenance fees your company is deemed to be an assignment); (e) use the Products paid. We are not obligated to continue providing Maintenance if annual for purposes of providing a service bureau, including, without Maintenance fees have not been paid. limitation, providing third-party hosting, or third-party application integration or application service provider-type services, or any similar 15. Consulting Services. services; (f) use the Products in connection with ultrahazardous activities, or any activity for which failure of the Products might result in A. You may procure installation, configuration, training or other death or serious bodily injury to you or a third party; or (g) directly or consulting or support services ("Consulting Services") either in an indirectly, in whole or in part, modify, translate, reverse engineer, Order Form, a purchase order (as set forth in the purchasing decrypt, decompile, disassemble, make error corrections to, create guidelines located at derivative works based on, or otherwise attempt to discover the source http://www.tibco.com/multimedia/purchase-order-guidelines_tcm8-544 code or underlying ideas or algorithms of the Products. You may 6.pdf) or a work order executed by both parties ("Work Order"). We will engage in such conduct as is necessary to ensure the interoperability use commercially reasonable efforts to perform such Consulting of the Software as required by law, provided that prior to commencing Services. Unless otherwise expressly agreed in a Work Order, all any decompilation or reverse engineering of any Software, you agree Consulting Services shall be: (i) performed on a time and materials to observe strict obligations of confidentiality and provide us basis ("T&M"), with meals, lodging, travel and other reasonably reasonable advance written notice and the opportunity to assist with necessary out-of-pocket expenses ("Expenses") invoiced in addition to and/or conduct such activity on your behalf and at your expense. T&M fees, (ii) deemed accepted upon delivery, and (iii) incorporate the Work Order Terms defined at Any additional license parameters applicable to Products are set forth http://www.tibco.com/resources/company/customer-relations/work-ord at http://www.tibco.com/software/parametersdefinitions.jsp. er-terms.pdf.
12. Proprietary Notices. The Products, Documentation and Materials B. We hereby grant you a nonexclusive license to use the Materials are proprietary to TIBCO and its licensors and protected by applicable (and a reasonable number of copies thereof) solely for your internal U.S. and international patent, copyright, trademark and trade secret operations in conjunction with your use of the Products. Materials laws. TIBCO and its licensors shall retain ownership in the Products, obtained during your attendance at or from your purchase of virtual Documentation and Materials; all derivatives thereof (in whole or part); training courses, unless otherwise agreed in an Order Form, are and any intellectual property or other rights embodied therein. All limited to the one copy received by each attendee and may not be proprietary notices incorporated in or affixed to any Products, duplicated. Documentation or Materials shall be duplicated by you on all copies of the Products, Documentation, or Material, as applicable, and shall not C. In the event you are purchasing a license to specific training course be altered, removed or obliterated. Lease Equipment is, and shall at all content as set forth in an Order Form, the content of each such times be and remain Our sole and exclusive property; you have no training course shall constitute a Product for the purpose of this right, title or interest therein or thereto except as expressly set forth in Agreement. Subject to your payment of fees due, you are granted a this Agreement. You shall keep the Lease Equipment free and clear of limited, non-transferable, non-exclusive, license to use, modify, all levies, liens and encumbrances and shall immediately notify us in translate, create derivative works, reproduce and distribute the writing of any circumstances with respect to the location of the Product solely for your internal business use, provided that the Equipment which will adversely affect it or our security interests copyright notice and other legends of ownership are reproduced on therein. You shall not install, attach, mount or otherwise house the each complete or partial copy of such Product. We retain all right, title Lease Equipment in a manner that would render it a fixture under and interest in the Product, excluding your Confidential Information. All applicable law within the jurisdiction in which the Lease Equipment is complete or partial copies of the Product in any form shall be subject located. to the same terms as the original copy. The term of each license and level of annual Maintenance for the Product shall be as set forth in the 13. Extraordinary Corporate Event. To the extent you or your Order Form. successors or assigns enter into an Extraordinary Corporate Event after the Purchase Date, this Agreement shall not apply to those 16. Limited Warranty. additional users, divisions or entities, which were added to your organization as a result of the Extraordinary Corporate Event until A. If you obtained Software directly from us, we warrant for a period of those additional users, divisions or entities are added to this thirty (30) days from the Purchase Date that (i) the media on which the Software is furnished will be free of defects in materials and
TIBCO EMS Client for IBM i 4 | TIBCO Software Inc. End User License Agreement
workmanship under normal use; and (ii) the Software will substantially approval. In the event of any such claim, litigation or threat thereof, we, conform to its Documentation. This limited warranty extends to you at our sole option and expense, shall (a) procure for you the right to personally and is not transferable. Your sole and exclusive remedy and continue to use the Software, (b) replace or modify the Software with the entire liability of TIBCO and its licensors under this limited functionally equivalent software. If such license or modification is not warranty will be, at our option, to repair or replace (with respect to the commercially reasonable (in our reasonable opinion), we may cancel affected Software product), or refund the Software license fee. In the this Agreement with respect to the affected Software product upon event of a refund, this Agreement shall terminate with respect to the sixty days prior written notice to you and refund to you the affected Software product. unamortized portion of the associated license fees paid by you to us based on a five-year straight-line depreciation. This Section states our B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE entire liability with respect to the infringement of any intellectual WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, property rights, and you hereby expressly waive any other liabilities or TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID obligations we have with respect thereto. The foregoing indemnity NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR shall not apply to the extent any claim is based on or attributable to (x) MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, modifications made by you to the Software, or portions thereof, (y) OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH such claim would have been avoided by use of the then-current INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED release version of the Software, or (z) your continued allegedly TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, infringing activity after being provided with modifications that would NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF have avoided the alleged infringement. ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES 18. Limitation of Liability. PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE A. EXCEPT AS PROVIDED UNDER THE INDEMNITY ABOVE; OR SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS IN CONNECTION WITH THE MISAPPROPRIATION OF THE OTHER OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH PARTY'S INTELLECTUAL PROPERTY, INCLUDING, WITHOUT RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO LIMITATION, TRADE SECRETS; DAMAGES FOR BODILY INJURY, YOU WITH RESPECT TO SUCH SOFTWARE. DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY; OR INTENTIONAL OR GROSS NEGLIGENCE (THE C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE "EXCLUDED MATTERS"), IN NO EVENT WILL EITHER PARTY OR PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL TIBCO'S LICENSORS BE LIABLE FOR ANY LOSS OR EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND UNAVAILABILITY OF OR DAMAGE TO DATA, LOST REVENUE, WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DOWNTIME COSTS, OR ANY OTHER INDIRECT, INCIDENTAL, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY SIMILAR TYPE OF DAMAGES ARISING OUT OF THIS EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. AGREEMENT, THE USE OR THE INABILITY TO USE THE CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO PRODUCTS, OR THE PROVISION OF ANY MAINTENANCE , CUSTOMER ALONG WITH CERTAIN PRODUCTS AS AN CONSULTING SERVICES, EVEN IF A PARTY HAS BEEN ADVISED ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY OR WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS POSSIBILITY OF SUCH COSTS, EXPENSES OR DAMAGES. OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY B. EXCEPT FOR THE EXCLUDED MATTERS, IN NO EVENT SHALL SOFTWARE PROVIDED AS AN ACCOMMODATION. NO A PARTY'S LIABILITY TO THE OTHER, WHETHER IN CONTRACT, WARRANTY IS MADE REGARDING THE RESULTS OF ANY TORT (INCLUDING ACTIVE OR PASSIVE NEGLIGENCE), BREACH PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OF WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE, OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS; EXCEED THE GREATER OF 50,000 USD OR THE PRICE PAID BY THAT ERRORS OR BUGS WILL BE CORRECTED, OR THAT THE YOU UNDER THE APPLICABLE ORDER FORM. PRODUCT FUNCTIONALITY OR SERVICES WILL MEET YOUR REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR C. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, ABOVE-STATED REMEDY OR LIMITED WARRANTY FAILS OF ITS EXTENSIONS OR ADDITIONS TO THIS WARRANTY ON TIBCO'S ESSENTIAL PURPOSE. BECAUSE SOME STATES OR BEHALF. JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE 17. Indemnity. If you obtained the Software from us directly, then we LIMITATION MAY NOT APPLY TO CUSTOMER. TO THE EXTENT agree at our own expense to defend or, at our option, to settle, any ALLOWED BY LOCAL LAW, THESE LIMITATIONS WILL APPLY claim or action brought against you to the extent it is based on a claim REGARDLESS OF THE BASIS OF LIABILITY, INCLUDING that the unmodified Software infringes any patent issued by the United NEGLIGENCE, MISREPRESENTATION, BREACH OF ANY KIND, States, Canada, Australia, Japan, or any member of the European OR ANY OTHER CLAIMS IN CONTRACT, TORT OR OTHERWISE. Union, or any copyright, or any trade secret of a third party. We will indemnify and hold you harmless from and against any damages, 19. Confidentiality. costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are A. "Confidential Information" means any information disclosed by assessed against you in a final judgment; provided that we are either party, whether or not marked, including, without limitation, the promptly notified in writing of such claim, we have the exclusive right terms of this Agreement; the Products; Materials; individual contact to control such defense and/or settlement, and you provide reasonable information provided by either party; Product or related performance assistance (at our expense) in the defense thereof. In no event shall test results derived by you, including but not limited to benchmark test you settle any claim, action or proceeding without our prior written results; and your Protected Data and Output. Each party agrees to
TIBCO EMS Client for IBM i TIBCO Software Inc. End User License Agreement | 5
protect Confidential Information in the same manner as it protects its 20. Export. Products, Documentation, Materials and related technical own Confidential Information (but using no less than a reasonable data, are subject to U.S. export control laws, including without degree of protection) and shall only disclose Confidential Information limitation the U.S. Export Administration Act and its associated to those with a need to know that information and who have agreed in regulations and may be subject to export or import regulations of other writing to be bound by terms at least as protective as those contained countries. You agree that you will not nor permit your users to export in this Agreement. Information will not be deemed Confidential or re-export the Licensor Software, Documentation and Materials in Information if (i) available to the public other than by a breach of a any form in violation of any applicable export or import laws of any confidentiality obligation, (ii) rightfully received from a third party not in jurisdiction. breach of a confidentiality obligation, (iii) independently developed by one party without use of the Confidential Information of the other; (iv) 21. Government Use. If the Products or Services are being or have known to the recipient at the time of disclosure (other than under a been acquired with U.S. Federal Government funds, or you are an separate confidentiality obligation); or (v) produced in compliance with agency, department, or other entity of the United States Government applicable law or court order, provided the other party is given ("Government"), the use, duplication, reproduction, release, reasonable advance notice of the obligation to produce Confidential modification, disclosure or transfer of the Software, Maintenance or Information. Each party agrees to indemnify the other for any Services, or any related documentation of any kind, including damages (including reasonable expenses) the other may sustain technical data, or manuals, is restricted in accordance with Federal resulting from the unauthorized use and/or disclosure of the other's Acquisition Regulation 12.212 for civilian agencies and Defense Confidential Information and that money damages would not be a Federal Acquisition Regulation Supplement 227.7202 for military sufficient remedy for a breach of confidentiality. The parties shall be agencies. The Products and Services are COMMERCIAL ITEMS AS entitled to seek injunctive or other equitable relief without the DEFINED BY THE FEDERAL ACQUISITION REGULATION. Use by necessity of posting a bond even if otherwise normally required. Such the Government is further restricted according to the terms of this injunctive or equitable relief shall not be the exclusive remedy for any Agreement and any amendment hereto. breach of confidentiality, but shall be in addition to all other rights and remedies available at law or in equity. 22. Entire Agreement. This Agreement, and any terms which are incorporated by written reference (including written reference to B. To the extent we are exposed to individual personal data owned or information contained in a URL, Documentation or reference policy) otherwise held by you during the provision of Hosted Services, Cloud, constitutes the entire agreement between the parties with respect to or Services, which is subject to various data protection laws and/or the use of the Products and Services, and supersedes all proposals, regulations ("Protected Data"), we agree to treat such Protected Data oral or written, and all other representations, statements, negotiations in accordance with the Customer Privacy and Security Statement set and undertakings relating to the subject matter hereof. All orders of forth at Products or Services by you to us shall be deemed to occur, with or http://www.tibco.com/customer_privacy_security_statement.jsp (the without reference, under the terms of this Agreement, unless "Statement"). The policies and procedures set forth in the Statement expressly superseded by a signed written agreement between the as well as those set forth in the Data Protection Policy Statement at parties. Except for additional terms you have agreed to in connection http://www.tibco.com/resources/data_protection_statement.pdf are in with our web stores or web sites, none of the terms of the Order Form place to meet our obligations for the protection, integrity and (other than the product names, Number of Units, level of Maintenance, confidentiality of any Protected Data which exceed our standard description of Consulting Services, and fees due in connection obligations to safeguard Confidential Information. therewith) shall apply for any reason or purpose whatsoever, regardless of any statement on any Order Form to the contrary. C. Confidential Information shall remain the sole property of the Neither the license to use granted in this Agreement nor the obligation disclosing party, and each party acknowledges and agrees that it does to pay license fees are dependent upon the performance by any party not acquire any rights therein. Use by a recipient of Confidential of any Consulting Services or the supply of any other software Information for the purposes contemplated under this Agreement, program or product. including, but not limited to, any configuration or use by you of Products or Materials shall not affect or diminish the disclosing party's 23. Termination. rights, title and interest in and to Confidential Information. A. This Agreement and all Order Forms shall automatically terminate D. We may use any individual contact information provided by you or if: (i) either party files for bankruptcy, or otherwise goes into your users for support, product information and other business to receivership, becomes insolvent or makes an assignment for the business communications in connection with this Agreement. In the benefit of creditors; or (ii) a writ of attachment or execution is levied on event you or your users wish to "opt-out" you should do so on the web the Equipment (where we are lessor) and is not released or satisfied store or web site page where you originally submitted provided your within ten (10) days thereafter, or (iii) where we are lessor or in a information or at Purchase where payment in full to us has not been made, if a receiver http://tibco.market2lead.com/go/tibco/unsubscribe?userId=179027619 is appointed in any proceeding or action to which you are a party with &. authority to take possession or control of the Equipment. In all cases, the Equipment shall be promptly returned to us and not be treated as E. You acknowledge and agree that any feedback, suggestions, your asset. comments, improvements, modifications and other information (including any ideas, concepts, "know-how" or techniques contained B. 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TIBCO EMS Client for IBM i 6 | TIBCO Software Inc. End User License Agreement
Termination of Maintenance or Consulting Services shall not terminate you may not combine Product with any software licensed under any this Agreement. version of or derivative of the GNU General Public License ("GPL") in any manner that could cause, or could be interpreted or asserted to C. A Cloud will terminate if or when your or our agreement for services cause, the Product or any modifications to the Product to become with a Provider is terminated or otherwise expires for any reason. In subject to the terms of the GPL. the event of a termination of your Provider services, by Provider, in connection with a Cloud, without cause (where you are not in breach), 25. Special Product Provisions. Software products TIBCO to the extent you have pre-paid us fees for the Cloud, you may submit BusinessEvents®, TIBCO Collaborative Information Manager™, written notice requesting a refund, such notice to include evidence of TIBCO ActiveMatrix® Service Performance Manager, TIBCO® Provider's termination without cause (e.g. a copy of Provider's notice ActiveFulfillment (and each of the foregoing, when included in any of termination). Following receipt of such written notice, we will refund Bundle or Embedded/ Bundled Products) are subject to a restricted the pre-paid unearned pro-rata portion, from the date we received license and contain third party proprietary code that you can only use your notice, for the remaining Cloud term, or in the case of multiple in conjunction with the Software and may be subject to additional Cloud purchases, each remaining term. In the event of a termination, terms as provided by us. for any reason, of TIBCO Provider service accounts upon which we rely to provide Hosted Services or the Cloud, to the extent you have 26. General. All payments of fees due shall be made in U.S. dollars, pre-paid us fees for Hosted Services or Cloud to us, we will refund, as net 30 from Purchase Date, or, for any other amounts coming due of the date of notice of termination from Provider to us, for the hereafter, net 30 from our invoice. Fees do not include sales, use, unearned pro-rata portion of the prepaid fees. withholding, value-added or similar taxes, and you agree to pay all sales, use, value-added, goods and services, consumption, D. You may terminate this Agreement in its entirety at any time, in withholding, excise and any other similar taxes or government regard to Software, by destroying all copies of the Software. We may charges, exclusive of our income tax. 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No delay in the days following our receipt of the returned Equipment. performance of any obligation by either party, excepting all obligations to make payment, shall constitute a breach of this Agreement to the E. If a license, Cloud, Hosted Services or Lease under this Agreement extent caused by Force Majeure. You hereby grant us and our terminates or expires, or upon termination of this Agreement in its independent auditors the right to audit your compliance with this entirety for any reason, you shall (i) cease using the Products, Agreement and report any results to our licensors. You agree to Documentation, and related Confidential Information, and (ii) return or provide reasonable assistance to ensure a complete and accurate notify us in writing within thirty (30) days after termination that you audit by us and our independent auditors. If any portion of this have destroyed any Software (excluding Equipment), Documentation, Agreement is found to be void or unenforceable, the remaining related Confidential Information, and all copies thereof, whether or not provisions shall remain in full force and effect. All notices related to modified or merged into other materials. Equipment shall be returned this Agreement shall be in writing. Notices will be effective if in good repair, condition and working order (ordinary wear and tear dispatched by facsimile; or electronic mail; by hand; reliable overnight resulting from proper use thereof excepted), by delivering the delivery service or first-class, pre-paid mail if sent to the contract Equipment to our designated carrier. You are responsible for all costs address for the intended recipient set forth in the Order Form. A copy associated with de-installation of equipment and returning the of any notice of default, breach or termination shall also being sent to Equipment in accordance with the Equipment Return Guidelines that party's General Counsel. available at http://www.tibco.com/resources/equipment_return_guidelines.pdf. 27. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, F. Termination of this Agreement, any license, Cloud, Hosted Services United States of America, as if performed wholly within the state and or Lease, or any Order Form shall not limit either party from pursuing without giving effect to the principles of conflict of law. The United other remedies available to it, including injunctive relief, nor shall such Nations Convention on Contracts for the International Sale of Goods termination relieve you of your obligation to pay all fees that have and the Uniform Computer Information Transactions Act are excluded accrued or are otherwise owed by you under this Agreement. Except from application hereto. as set forth in sections entitled "Termination", "Limited Warranty" or "Indemnity", all fees paid under or in connection with this Agreement rev. December 10, 2010 are non-refundable and no right of set off exists. The parties' rights and obligations under this section and sections entitled "Limited Addenda: Warranty", "Indemnity", "Limitation of Liability", "Proprietary Notices", "Confidentiality", "General", "Governing Law" and your warranties in connection with Hosted Services and the Cloud, shall survive the expiration or earlier termination of this Agreement. Third-Party Software Notices 24. Open Source Software. If you use any third party software not supplied by us, including any open source software, in conjunction with any Product, you must ensure that such use does not require any OpenSSL 0.9.8o of the following, pursuant to the terms of such software: (i) disclosure or distribution of any Product in source code form; or (ii) licensing of Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved. any Product for the purpose of making derivative works; or (iii) Copyright (C) 1995-1998 Eric Young ([email protected]) All rights redistribution of any Product at no charge. For the avoidance of doubt, reserved.
TIBCO EMS Client for IBM i TIBCO Software Inc. End User License Agreement | 7 zlib 1.2.3
This product includes Zlib software, Copyright 1995-2005 Jean-loup Gailly and Mark Adler.
HP Java 6.0 (SDK 1.6) Runtime Environment (HP-UX) 1.6.0
As provided by Hewlett-Packard additional copyright notices and license terms may be applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file.
IBM AIX Developer Kit and Runtime, Java Technology Edition 1.6.0
CONTAINS Runtime Modules of IBM(R) 64-bit SDK for AIX(TM), Java(TM) Technology Edition, Version 6 (c) Copyright IBM Corporation 2007 All Rights Reserved.
Sun Java Runtime Environment (JRE) 1.6
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ADDENDA: Third-Party Software License Agreements
TIBCO EMS Client for IBM i 8 | Third-Party Software License Agreements
Third-Party Software License Agreements The following are the software licenses for the Third-Party Software Original SSLeay License provided in connection with the software. Copyright (C) 1995-1998 Eric Young ([email protected]). All rights reserved. OpenSSL 0.9.8o This package is an SSL implementation written by Eric Young OpenSSL License ([email protected]). The implementation was written so as to conform with Netscapes SSL. Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved. This library is free for commercial and non-commercial use as long as Redistribution and use in source and binary forms, with or without the following conditions are aheared to. The following conditions modification, are permitted provided that the following conditions are apply to all code found in this distribution, be it the RC4, RSA, lhash, met: DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms 1. Redistributions of source code must retain the above copyright except that the holder is Tim Hudson ([email protected]). notice, this list of conditions and the following disclaimer. Copyright remains Eric Young's, and as such any Copyright notices in 2. Redistributions in binary form must reproduce the above copyright the code are not to be removed. If this package is used in a product, notice, this list of conditions and the following disclaimer in the Eric Young should be given attribution as the author of the parts of the documentation and/or other materials provided with the distribution. library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the 3. All advertising materials mentioning features or use of this software package. must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Redistribution and use in source and binary forms, with or without Toolkit. (http://www.openssl.org/)" modification, are permitted provided that the following conditions are met: 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software 1. Redistributions of source code must retain the copyright notice, this without prior written permission. For written permission, please list of conditions and the following disclaimer. contact openssl[email protected]. 2. Redistributions in binary form must reproduce the above copyright 5. Products derived from this software may not be called "OpenSSL" notice, this list of conditions and the following disclaimer in the nor may "OpenSSL" appear in their names without prior written documentation and/or other materials provided with the distribution. permission of the OpenSSL Project. 3. All advertising materials mentioning features or use of this software 6. Redistributions of any form whatsoever must retain the following must display the following acknowledgement: "This product includes acknowledgment: cryptographic software written by Eric Young ([email protected])" "This product includes software developed by the OpenSSL Project for The word 'cryptographic' can be left out if the rouines from the library use in the OpenSSL Toolkit (http://www.openssl.org/)" being used are not cryptographic related :-).
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS 4. If you include any Windows specific code (or a derivative thereof) IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, from the apps directory (application code) you must include an INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES acknowledgement: "This product includes software written by Tim OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR Hudson ([email protected])" PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS OF THE POSSIBILITY OF SUCH DAMAGE. INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT This product includes cryptographic software written by Eric Young (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY ([email protected]). This product includes software written by Tim WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED Hudson ([email protected]). OF THE POSSIBILITY OF SUCH DAMAGE.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 9
Zlib, v1.1.4 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. Copyright (c) 1998-2001 University of Illinois Board of Trustees Copyright (c) 1998-2001 Mark D. Roth "Source" form shall mean the preferred form for making modifications, All rights reserved. including but not limited to software source code, documentation source, and configuration files. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are "Object" form shall mean any form resulting from mechanical met: transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions 1. Redistributions of source code must retain the above copyright to other media types. notice, this list of conditions and the following disclaimer. "Work" shall mean the work of authorship, whether in Source or Object 2. Redistributions in binary form must reproduce the above copyright form, made available under the License, as indicated by a copyright notice, this list of conditions and the following disclaimer in the notice that is included in or attached to the work (an example is documentation and/or other materials provided with the distribution. provided in the Appendix below).
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TIBCO EMS Client for IBM i 10 | Third-Party Software License Agreements
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6. Trademarks. This License does not grant permission to use the HP Java 6.0 (SDK 1.6) Runtime Environment (HP-UX) 1.6.0 trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in DO NOT TRANSLATE OR LOCALIZE. describing the origin of the Work and reproducing the content of the NOTICE file. A) The following software may be included in this product: CS CodeViewer v1.0; Use of any of this software is governed by the terms 7. Disclaimer of Warranty. Unless required by applicable law or agreed of the license below: to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT Copyright 1999 by CoolServlets.com. WARRANTIES OR CONDITIONS OF ANY KIND, either express or Any errors or suggested improvements to this class can be reported implied, including, without limitation, any warranties or conditions of as instructed on CoolServlets.com. We hope you enjoy this program... TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for your comments will encourage further development! This software is determining the appropriateness of using or redistributing the Work distributed under the terms of the BSD License. Redistribution and and assume any risks associated with Your exercise of permissions use in source and binary forms, with or without modification, are under this License. permitted provided that the following conditions are met:
8. Limitation of Liability. In no event and under no legal theory, whether 1. Redistributions of source code must retain the above copyright in tort (including negligence), contract, or otherwise, unless required notice, this list of conditions and the following disclaimer. by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages,
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 11
2. Redistributions in binary form must reproduce the above copyright * notice, this list of conditions and the following disclaimer in the * Copyright (c) 1999-2000 The Apache Software Foundation. All rights documentation and/or other materials provided with the distribution. * reserved. * Neither name of CoolServlets.com nor the names of its contributors * Redistribution and use in source and binary forms, with or without may be used to endorse or promote products derived from this * modification, are permitted provided that the following conditions software without specific prior written permission. * are met: THIS SOFTWARE IS PROVIDED BY COOLSERVLETS.COM AND * CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED * 1. Redistributions of source code must retain the above copyright WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED * notice, this list of conditions and the following disclaimer. WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A * PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL * 2. Redistributions in binary form must reproduce the above copyright THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, * notice, this list of conditions and the following disclaimer in INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR * the documentation and/or other materials provided with the CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, * distribution. PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS * OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) * 3. The end-user documentation included with the redistribution, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, * if any, must include the following acknowledgment: WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT *"This product includes software developed by the (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY * Apache Software Foundation (http://www.apache.org/)." WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED * Alternately, this acknowledgment may appear in the software itself, OF THE POSSIBILITY OF SUCH DAMAGE." * if and wherever such third-party acknowledgments normally appear. B) The following software may be included in this product: DES and * 3xDES ; Use of any of this software is governed by the terms of the * 4. The names "Crimson" and "Apache Software Foundation" must license below: * not be used to endorse or promote products derived from this * software without prior written permission. For written "Copyright 2000 by Jef Poskanzer
TIBCO EMS Client for IBM i 12 | Third-Party Software License Agreements
/* E) The following software may be included in this product: NSIS 1.0j; * The Apache Software License, Version 1.1 Use of any of this software is governed by the terms of the license * below: * Copyriht (C) 1999-2000 Nullsoft, Inc. * Copyright (c) 1999-2000 The Apache Software Foundation. All rights * reserved. This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages * Redistribution and use in source and binary forms, with or without arising from the use of this software. Permission is granted to anyone * modification, are permitted provided that the following conditions to use this software for any purpose, including commercial * are met: applications, and to alter it and redistribute it freely, subject to the * following restrictions: * 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. 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 * 2. Redistributions in binary form must reproduce the above copyright in a product, an acknowledgment in the product documentation would * notice, this list of conditions and the following disclaimer in be appreciated but is not required. * the documentation and/or other materials provided with the 2. Altered source versions must be plainly marked as such, and must * distribution. not be misrepresented as being the original software. * * 3. The end-user documentation included with the redistribution, 3. This notice may not be removed or altered from any source * if any, must include the following acknowledgment: distribution. Justin Frankel [email protected]" * "This product includes software developed by the F) Some Portions licensed from IBM are available at: * Apache Software Foundation (http://www.apache.org/)." http://oss.software.ibm.com/icu4j/ * Alternately, this acknowledgment may appear in the software itself, * if and wherever such third-party acknowledgments normally appear. G) Portions Copyright Eastman Kodak Company 1992 * H) Lucida is a registered trademark or trademakr of Bigelow & Holmes * 4. The names "Xalan" and "Apache Software Foundation" must in the U.S. and other countries. * not be used to endorse or promote products derived from this I) Portions licensed from Taligent, Inc. * software without prior written permission. For written * permission, please contact [email protected]. * Sun Java Runtime Environment (JRE) 1.6 * 5. Products derived from this software may not be called "Apache", * nor may "Apache" appear in their name, without prior written As provided by Sun Microsystems additional copyright notices and license terms may be applicable to portions of the Software are set * permission of the Apache Software Foundation. forth in the THIRDPARTYLICENSEREADME.txt file. * * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED DO NOT TRANSLATE OR LOCALIZE. * OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, * THE IMPLIED WARRANTIES OF MERCHANTABILITY AND %%The following software may be included in this product: CS * FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. 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We hope you enjoy this program... * OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, your comments will encourage further development! * OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER This software is distributed under the terms of the BSD License. * CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN Redistribution and use in source and binary forms, with or without * CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING modification, are permitted provided that the following conditions are * NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF met: * THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE 1. Redistributions of source code must retain the above copyright * POSSIBILITY OF SUCH DAMAGE. notice, this list of conditions and the following disclaimer. *======* 2. Redistributions in binary form must reproduce the above copyright * This software consists of voluntary contributions made by many notice, this list of conditions and the following disclaimer in the * individuals on behalf of the Apache Software Foundation and was documentation and/or other materials provided with the distribution. * originally based on software copyright (c) 1999, International Neither name of CoolServlets.com nor the names of its contributors * Business Machines, Inc., http://www.ibm.com. For more may be used to endorse or promote products derived from this software without specific prior written permission. * information on the Apache Software Foundation, please see *
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 13
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A * originally based on software copyright (c) 1999, International PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL * Business Machines, Inc., http://www.ibm.com. For more THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, * information on the Apache Software Foundation, please see INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR *
* Copyright (c) 1999-2000 The Apache Software Foundation. All rights 1. Definitions. * reserved.Redistribution and use in source and binary forms, with or * without modification, are permitted provided that the following "License" shall mean the terms and conditions for use, reproduction, * conditions are met: and distribution as defined by Sections 1 through 9 of this document.
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TIBCO EMS Client for IBM i 14 | Third-Party Software License Agreements
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TIBCO EMS Client for IBM i Third-Party Software License Agreements | 15 implied. See the License for the specific language governing 5. Products derived from this software may not be called "IAIK PKCS permissions and limitations under the License. Wrapper", nor may "IAIK" appear in their name, without prior written permission of Graz University of Technology. %% The following software may be included in this product: NSIS 1.0j; Use of any of this software is governed by the terms of the license THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED below: OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND Copyright (C) 1999-2000 Nullsoft, Inc. FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, This software is provided 'as-is', without any express or implied INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR warranty. In no event will the authors be held liable for any damages CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, arising from the use of this software. Permission is granted to anyone PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS to use this software for any purpose, including commercial OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) applications, and to alter it and redistribute it freely, subject to the HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, following restrictions: WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY 1. The origin of this software must not be misrepresented; you must WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED not claim that you wrote the original software. If you use this OF THE POSSIBILITY OF SUCH DAMAGE. software in a product, an acknowledgment in the product documentation would be appreciated but is not required. %% The following software may be included in this product: Document Object Model (DOM) v. Level 3; Use of any of this software is 2. Altered source versions must be plainly marked as such, and must governed by the terms of the license below: not be misrepresented as being the original software. W3C SOFTWARE NOTICE AND LICENSE 3. This notice may not be removed or altered from any source distribution. Justin Frankel [email protected]" http://www.w3.org/Consortium/Legal/2002/copyright-software-200212 31 %% Some Portions licensed from IBM are available at: http://www.ibm.com/software/globalization/icu/ This work (and included software, documentation such as READMEs, or other related items) is being provided by the copyright holders %% Portions Copyright Eastman Kodak Company 1992 under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and %% Lucida is a registered trademark or trademark of Bigelow & will comply with the following terms and conditions. Holmes in the U.S. and other countries. Permission to copy, modify, and distribute this software and its %% Portions licensed from Taligent, Inc. documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the %% The following software may be included in this product:IAIK PKCS following on ALL copiesof the software and documentation or portions Wrapper; Use of any of this software is governed by the terms of the thereof, including modifications: license below: 1.The full text of this NOTICE in a location viewable to users of the Copyright (c) 2002 Graz University of Technology. All rights reserved. redistributed or derivative work.
Redistribution and use in source and binary forms, with or without 2.Any pre-existing intellectual property disclaimers, notices, or terms modification,are permitted provided that the following conditions are and conditions. If none exist, the W3C Software Short Notice should met: be included (hypertext is preferred, text is permitted) within the body of any redistributed or derivative code. 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 3.Notice of any changes or modifications to the files, including the date changes were made. (We recommend you provide URIs to the 2. Redistributions in binary form must reproduce the above copyright location from which the code is derived.) notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKENO REPRESENTATIONS OR 3. The end-user documentation included with the redistribution, if any, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT must include the following acknowledgment: LIMITED TO,WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THEUSE OF THE "This product includes software developed by IAIK of Graz University SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY of Technology." THIRD PARTY PATENTS,COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING 4. The names "Graz University of Technology" and "IAIK of Graz OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. University of Technology" must not be used to endorse or promote products derived from this software without prior written permission. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific,
TIBCO EMS Client for IBM i 16 | Third-Party Software License Agreements
written prior permission. Title to copyright in this software and any * NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF associated documentation will at all times remain with copyright * THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE holders. * POSSIBILITY OF SUCH DAMAGE. *======______* * This software consists of voluntary contributions made by many This formulation of W3C's notice and license became active on * individuals on behalf of the Apache Software Foundation and was December 31 2002. This version removes the copyright ownership * originally based on software copyright (c) 1999, International notice such that this license can be used with materials other than * Business Machines, Inc., http://www.ibm.com. For more those owned by the W3C, reflects that ERCIM is now a host of the * information on the Apache Software Foundation, please see W3C, includes references to this specific dated version of the license, * and removes the ambiguous grant of "use". 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TIBCO EMS Client for IBM i Third-Party Software License Agreements | 17
written prior permission.Title to copyright in this software and any EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, associated documentation will at alltimes remain with copyright WARRANTIES OFMERCHANTABILITY, FITNESS FOR A holders. PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY ______PURPOSE; NOR THAT THEIMPLEMENTATION OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY This formulation of W3C's notice and license became active on August PATENTS,COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. 14 1998 soas to improve compatibility with GPL. This version ensures that W3C softwarelicensing terms are no more restrictive than GPL COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, and consequently W3C softwaremay be distributed in GPL packages. INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING See the older formulation for the policyprior to this date. Please see OUT OF ANY USE OF THE DOCUMENT OR THE our Copyright FAQ for common questions aboutusing materials from PERFORMANCEOR IMPLEMENTATION OF THE CONTENTS our site, including specific terms and conditions forpackages like THEREOF. libwww, Amaya, and Jigsaw. Other questions about this notice canbe directed to [email protected]. The name and trademarks of copyright holders may NOT be used in advertising orpublicity pertaining to this document or its contents %% The following software may be included in this product: W3C XML without specific, writtenprior permission. Title to copyright in this Schema Test Collection v. 1.16.2; Use of any of this software is document will at all times remainwith copyright holders. governed by the terms of the license below: W3C DOCUMENT NOTICE AND LICENSE ------
Copyright 1994-2002 World Wide Web Consortium, (Massachusetts This formulation of W3C's notice and license became active on April Institute ofTechnology, Institut National de Recherche en Informatique 05 1999 soas to account for the treatment of DTDs, schema's and et en Automatique,Keio University). All Rights Reserved. bindings. See the olderformulation for the policy prior to this date. Please see our Copyright FAQ forcommon questions about using http://www.w3.org/Consortium/Legal/ materials from our site, including specific termsand conditions for packages like libwww, Amaya, and Jigsaw. Other questionsabout this Public documents on the W3C site are provided by the copyright notice can be directed to [email protected]. holders under thefollowing license. The software or Document Type Definitions (DTDs) associatedwith W3C specifications are governed webmaster (last updated by reagle on 1999/04/99.) by the Software Notice. By using and/orcopying this document, or the W3C document from which this statement is linked,you (the licensee) %% The following software may be included in this product: Mesa 3-D agree that you have read, understood, and will comply withthe graphics library v. 5; Use of any of this software is governed by the following terms and conditions: terms of the license below: core Mesa code include/GL/gl.h Brian Paul Mesa GLX driver include/GL/glx.h Brian Paul Mesa Ext registry Permission to use, copy, and distribute the contents of this document, include/GL/glext.h SGI SGI Free B include/GL/glxext.h or theW3C document from which this statement is linked, in any medium for any purposeand without fee or royalty is hereby granted, Mesa license: provided that you include thefollowing on ALL copies of the document, or portions thereof, that you use: The Mesa distribution consists of several components. Different copyrights andlicenses apply to different components. For example, 1. A link or URL to the original W3C document. GLUT is copyrighted by MarkKilgard, some demo programs are copyrighted by SGI, some of the Mesa devicedrivers are copyrighted 2. The pre-existing copyright notice of the original author, or if it by their authors. See below for a list of Mesa'scomponents and the doesn'texist, a notice of the form: "Copyright [$date-of-document] copyright/license for each. World Wide WebConsortium, (Massachusetts Institute of Technology, Institut National deRecherche en Informatique et en Automatique, The core Mesa library is licensed according to the terms of the Keio University). All RightsReserved. XFree86copyright (an MIT-style license). This allows integration with http://www.w3.org/Consortium/Legal/" (Hypertext is preferred, but the XFree86/DRIproject. Unless otherwise stated, the Mesa source atextual representation is permitted.) code and documentation islicensed as follows:
3. If it exists, the STATUS of the W3C document. Copyright (C) 1999-2003 Brian Paul All Rights Reserved.
When space permits, inclusion of the full text of this NOTICE should Permission is hereby granted, free of charge, to any person obtaining beprovided. We request that authorship attribution be provided in any acopy of this software and associated documentation files (the software,documents, or other items or products that you create "Software"),to deal in the Software without restriction, including pursuant to the implementation of the contents of this document, or without limitationthe rights to use, copy, modify, merge, publish, any portion thereof. 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 No right to create modifications or derivatives of W3C documents is following conditions: grantedpursuant to this license. However, if additional requirements (documented in theCopyright FAQ) are satisfied, the right to create The above copyright notice and this permission notice shall be modifications or derivativesis sometimes granted by the W3C to includedin all copies or substantial portions of the Software. individuals complying with those requirements. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT ANY KIND, EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED HOLDERS MAKE NO REPRESENTATIONSOR WARRANTIES, TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A
TIBCO EMS Client for IBM i 18 | Third-Party Software License Agreements
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT 2.1 SGI License Grant. Subject to the terms of this License and any SHALLBRIAN PAUL BE LIABLE FOR ANY CLAIM, DAMAGES OR third party intellectual property claims, for the duration of intellectual OTHER LIABILITY, WHETHER INAN ACTION OF CONTRACT, TORT property protections inherent in the Original Code, SGI hereby grants OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION Recipient a worldwide, royalty-free, non-exclusive license, to do the WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN following: (i) under copyrights Licensable by SGI, to reproduce, THE SOFTWARE. distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code and/or any Modifications SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000]) provided by SGI alone and/or as part of a Larger Work; and (ii) under any Licensable Patents, to make, have made, use, sell, offer for sale, 1. Definitions. import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI. Recipient accepts the terms and 1.1 "Additional Notice Provisions" means such additional provisions as conditions of this License by undertaking any of the aforementioned appear in the Notice in Original Code under the heading "Additional actions. The patent license shall apply to the Covered Code if, at the Notice Provisions." time any related Modification is added, such addition of the Modification causes such combination to be covered by the Licensed 1.2 "Covered Code" means the Original Code or Modifications, or any Patents. The patent license in Section 2.1(ii) shall not apply to any combination thereof. other combinations that include the Modification. No patent license is provided under SGI Patents for infringements of SGI Patents by 1.3 "Hardware" means any physical device that accepts input, Modifications not provided by SGI or combinations of Original Code processes input, stores the results of processing, and/or provides and Modifications not provided by SGI. output. 2.2 Recipient License Grant. Subject to the terms of this License and 1.4 "Larger Work" means a work that combines Covered Code or any third party intellectual property claims, Recipient hereby grants portions thereof with code not governed by the terms of this License. SGI and any other Recipients a worldwide, royalty-free, non-exclusive license, under any Recipient Patents, to make, have made, use, sell, 1.5 "Licensable" means having the right to grant, to the maximum offer for sale, import and/or otherwise transfer the Original Code extent possible, whether at the time of the initial grant or subsequently and/or any Modifications provided by SGI. acquired, any and all of the rights conveyed herein. 2.3 No License For Hardware Implementations. The licenses granted 1.6 "License" means this document. in Section 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code or any 1.7 "Licensed Patents" means patent claims Licensable by SGI that Modifications provided by SGI. are infringed by the use or sale of Original Code or any Modifications provided by SGI, or any combination thereof. 3. Redistributions.
1.8 "Modifications" means any addition to or deletion from the 3.1 Retention of Notice/Copy of License. The Notice set forth in Exhibit substance or structure of the Original Code or any previous A, below, must be conspicuously retained or included in any and all Modifications. When Covered Code is released as a series of files, a redistributions of Covered Code. For distributions of the Covered Code Modification is: A. Any addition to the contents of a file containing in source code form, the Notice must appear in every file that can Original Code and/or addition to or deletion from the contents of a file include a text comments field; in executable form, the Notice and a containing previous Modifications.B. Any new file that contains any copy of this License must appear in related documentation or part of the Original Code or previous Modifications. collateral where the Recipient's rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in 1.9 "Notice" means any notice in Original Code or Covered Code, as the Original Code must also be retained or included in any and all required by and in compliance with this License. redistributions of Covered Code.
1.10 "Original Code" means source code of computer software code 3.2 Alternative License. Provided that Recipient is in compliance with that is described in the source code Notice required by Exhibit A as the terms of this License, Recipient may, so long as without derogation Original Code, and updates and error corrections specifically thereto. of any of SGI's rights in and to the Original Code, distribute the source code and/or executable version(s) of Covered Code under (1) this 1.11 "Recipient" means an individual or a legal entity exercising rights License; (2) a license identical to this License but for only such under, and complying with all of the terms of, this License or a future changes as are necessary in order to clarify Recipient's role as version of this License issued under Section 8. For legal entities, licensor of Modifications; and/or (3) a license of Recipient's choosing, "Recipient" includes any entity that controls, is controlled by, or is containing terms different from this License, provided that the license under common control with Recipient. For purposes of this definition, terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, "control" of an entity means (a) the power, direct or indirect, to direct or which terms may not be modified or superseded by any other terms of manage such entity, or (b) ownership of fifty percent (50%) or more of such license. If Recipient elects to use any license other than this the outstanding shares or beneficial ownership of such entity. License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not 1.12 "Recipient Patents" means patent claims Licensable by a by SGI. It is emphasized that this License is a limited license, and, Recipient that are infringed by the use or sale of Original Code or any regardless of the license form employed by Recipient in accordance Modifications provided by SGI, or any combination thereof. with this Section 3.2, Recipient may relicense only such rights, in Original Code and Modifications by SGI, as it has actually been 1.13 "SGI" means Silicon Graphics, Inc. granted by SGI in this License.
1.14 "SGI Patents" means patent claims Licensable by SGI other than the Licensed Patents.2. License Grant and Restrictions.
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 19
3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, liability incurred by SGI as a result of any such alternative license OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE terms Recipient offers. FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, 4. Termination. This License and the rights granted hereunder will WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, terminate automatically if Recipient breaches any term herein and fails WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR to cure such breach within 30 days thereof. Any sublicense to the MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL Covered Code that is properly granted shall survive any termination of DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE this License, absent termination by the terms of such sublicense. BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. Provisions that, by their nature, must remain in effect beyond the THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY termination of this License, shall survive. FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS 5. No Trademark Or Other Rights. This License does not grant any SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE rights to: (i) any software apart from the Covered Code, nor shall any EXCLUSION OR LIMITATION OF INCIDENTAL OR other rights or licenses not expressly granted hereunder arise by CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND implication, estoppel or otherwise with respect to the Covered Code; LIMITATION MAY NOT APPLY TO RECIPIENT. (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or 11. Indemnity. Recipient shall be solely responsible for damages promotion of products derived from the Covered Code, without prior arising, directly or indirectly, out of its utilization of rights under this written permission of SGI; or (iii) any title to or ownership of the License. Recipient will defend, indemnify and hold harmless Silicon Original Code, which shall at all times remains with SGI. All rights in Graphics, Inc. from and against any loss, liability, damages, costs or the Original Code not expressly granted under this License are expenses (including the payment of reasonable attorneys fees) arising reserved. out of Recipient's use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by 6. Compliance with Laws; Non-Infringement. There are various Recipient. worldwide laws, regulations, and executive orders applicable to dispositions of Covered Code, including without limitation export, 12. U.S. Government End Users. The Covered Code is a "commercial re-export, and import control laws, regulations, and executive orders, item" consisting of "commercial computer software" as such terms are of the U.S. government and other countries, and Recipient is reminded defined in title 48 of the Code of Federal Regulations and all U.S. it is obliged to obey such laws, regulations, and executive orders. Government End Users acquire only the rights set forth in this License Recipient may not distribute Covered Code that (i) in any way infringes and are subject to the terms of this License. (directly or contributorily) any intellectual property rights of any kind of any other person or entity or (ii) breaches any representation or 13. Miscellaneous. This License represents the complete agreement warranty, express, implied or statutory, to which, under any applicable concerning the its subject matter. If any provision of this License is law, it might be deemed to have been subject. held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as 7. Claims of Infringement. If Recipient learns of any third party claim the original provision and the remainder of this License will remain in that any disposition of Covered Code and/or functionality wholly or effect. This License shall be governed by and construed in partially infringes the third party's intellectual property rights, Recipient accordance with the laws of the United States and the State of will promptly notify SGI of such claim. California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation 8. Versions of the License. SGI may publish revised and/or new relating to this License shall be subject to the exclusive jurisdiction of versions of the License from time to time, each with a distinguishing the Federal Courts of the Northern District of California (or, absent version number. Once Covered Code has been published under a subject matter jurisdiction in such courts, the courts of the State of particular version of the License, Recipient may, for the duration of the California), with venue lying exclusively in Santa Clara County, license, continue to use it under the terms of that version, or choose to California, with the losing party responsible for costs, including without use such Covered Code under the terms of any subsequent version limitation, court costs and reasonable attorneys fees and expenses. published by SGI. Subject to the provisions of Sections 3 and 4 of this The application of the United Nations Convention on Contracts for the License, only SGI may modify the terms applicable to Covered Code International Sale of Goods is expressly excluded. Any law or created under this License. regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License. 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED WARRANTIES AND Exhibit A CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF License Applicability. Except to the extent portions of this file are made MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A subject to an alternative license as permitted in the SGI Free Software PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI License B, Version 1.1 (the "License"), the contents of this file are ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE subject only to the provisions of the License. You may not use this file OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE except in compliance with the License. You may obtain a copy of the DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR License at Silicon Graphics, Inc., attn: Legal Services, 1600 LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS Amphitheatre Parkway, Mountain View, CA 94043-1351, or at: DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS http://oss.sgi.com/projects/FreeB LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. Note that, as provided in the License, the Software is distributed on an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR AND CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF
TIBCO EMS Client for IBM i 20 | Third-Party Software License Agreements
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A *======PARTICULAR PURPOSE, AND NON-INFRINGEMENT.Original Code. * The Original Code is: [name of software, version number, and release date], developed by Silicon Graphics, Inc. The Original Code is * This software consists of voluntary contributions madeby many Copyright (c) [dates of first publication, as appearing in the Notice in * individuals on behalf of the Apache Software the Original Code] Silicon Graphics, Inc. Copyright in any portions * Foundation. For more information on the Apache Software created by third parties is as indicated elsewhere herein. All Rights * Foundation, pleasesee. Reserved.Additional Notice Provisions: [such additional provisions, if */ any, as appear in the Notice in the Original Code under the heading "Additional Notice Provisions"] %% The following software may be included in this product: Regexp, Regular Expression Package v. 1.2; Use of any of this software is %% The following software may be included in this product: Byte Code governed by the terms of the license below: The Apache Software Engineering Library (BCEL) v. 5; Use of any of this software is License, Version 1.1 governed by the terms of the license below: Copyright (c) 2001 The Apache Software Foundation. All rights Apache Software License reserved.
/*======Redistribution and use in source and binary forms, with or without * The Apache Software License, Version 1.1 modification,are permitted provided that the following conditions are * met: * Copyright (c) 2001 The Apache Software Foundation. Allrights * reserved. 1. Redistributions of source code must retain the above copyright * notice, this list of conditions and the following disclaimer. * Redistribution and use in source and binary forms, withor without * modification, are permitted provided that the followingconditions 2. Redistributions in binary form must reproduce the above copyright * are met: notice, this list of conditions and the following disclaimer in the * documentation and/or other materials provided with the distribution. * 1. Redistributions of source code must retain the abovecopyright * notice, this list of conditions and the followingdisclaimer. 3. The end-user documentation included with the redistribution, if any, * must include the following acknowledgment: "This product includes * 2. Redistributions in binary form must reproduce theabove copyright software developed by the Apache Software Foundation * notice, this list of conditions and the followingdisclaimer in (http://www.apache.org/)." Alternately, this acknowledgment may * the documentation and/or other materials providedwith the appear in the software itself, if and wherever such third-party * distribution. acknowledgments normally appear. * * 3. The end-user documentation included with theredistribution, 4. The names "Apache" and "Apache Software Foundation" and * if any, must include the following acknowledgment: "Apache Turbine" must not be used to endorse or promote products * "This product includes software developed by the Apache derived from this software without prior written permission. For written * Software Foundation(http://www.apache.org/)." permission, please contact [email protected]. * Alternately, this acknowledgment may appear in thesoftware itself, * if and wherever such third-party acknowledgmentsnormally appear. 5. Products derived from this software may not be called "Apache", * "Apache Turbine", nor may "Apache" appear in their name, without * 4. The names "Apache" and "Apache Software Foundation"and prior written permission of the Apache Software Foundation. * "Apache BCEL" must not be used to endorse or promoteproducts * derived from this software without prior writtenpermission. For THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED * written permission, please contact [email protected]. OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, * THE IMPLIED WARRANTIES OF MERCHANTABILITY AND * 5. Products derived from this software may not be called"Apache", FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN * "Apache BCEL", nor may "Apache" appear in their name,without NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR * prior written permission of the Apache SoftwareFoundation. ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, * INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT * ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, * THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER * FITNESS FOR A PARTICULAR PURPOSEARE DISCLAIMED. IN CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN * NO EVENT SHALL THE APACHE SOFTWAREFOUNDATION OR CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF * INDIRECT,INCIDENTAL,SPECIAL, EXEMPLARY, OR THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE * CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED POSSIBILITY OF SUCH DAMAGE. * TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS ======* INTERRUPTION) HOWEVERCAUSED AND ON ANY THEORY OF * LIABILITY, WHETHER IN CONTRACT, STRICTLIABILITY, OR This software consists of voluntary contributions made by many * TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING individuals on behalf of the Apache Software Foundation. For more * INANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF information on the Apache Software Foundation, please see * ADVISED OF THEPOSSIBILITY OF SUCH DAMAGE. http://www.apache.org.
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 21
%% The following software may be included in this product: CUP particular purpose. The entire risk as to the quality and performance of Parser Generator for Java v. 0.10k; Use of any of this software is SAX is with you. Should SAX prove defective, you assume the cost of governed by the terms of the license below: CUP Parser Generator all necessary servicing, repair or correction. Copyright Notice, License, and Disclaimer In no event unless required by applicable law or agreed to in writing Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott will any copyright holder, or any other party who may modify and/or Ananian Permission to use, copy, modify, and distribute this software redistribute SAX, be liable to you for damages, including any general, and its documentation for any purpose and without fee is hereby special, incidental or consequential damages arising out of the use or granted, provided thatthe above copyright notice appear in all copies inability to use SAX (including but not limited to loss of data or data and that both the copyrightnotice and this permission notice and being rendered inaccurate or losses sustained by you or third parties warranty disclaimer appear in supporting documentation, and that the or a failure of the SAX to operate with any other programs), even if names of the authors or their employersnot be used in advertising or such holder or other party has been advised of the possibility of such publicity pertaining to distribution of the software without specific, damages. written prior permission. Copyright Disclaimers The authors and their employers disclaim all warranties with regard to thissoftware, including all implied warranties of merchantability and This page includes statements to that effect by David Megginson, who fitness. In no event shall the authors or their employers be liable for would have been able to claim copyright for the original work. any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an SAX 1.0 action of contract,negligence or other tortious action, arising out of or in connection withthe use or performance of this software. Version 1.0 of the Simple API for XML (SAX), created collectively by the membership of the XML-DEV mailing list, is hereby released into %% The following software may be included in this product: JLex: A the public domain. Lexical Analyzer Generator for Java v. 1.2.5; Use of any of this software is governed by the terms of the license below: JLEX No one owns SAX: you may use it freely in both commercial and COPYRIGHT NOTICE, LICENSE AND DISCLAIMER. non-commercial applications, bundle it with your software distribution, include it on a CD-ROM, list the source code in a book, mirror the Copyright 1996-2003 by Elliot Joel Berk and C. Scott Ananian documentation at your own web site, or use it in any other way you see fit. Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, David Megginson, [email protected] provided that the above copyright noticeappear in all copies and that 1998-05-11 both the copyright notice and this permission notice and arrantydisclaimer appear in supporting documentation, and that the SAX 2.0 name of the authors or their employersnot be used in advertising or publicity pertaining to distribution of the software withoutspecific, I hereby abandon any property rights to SAX 2.0 (the Simple API for written prior permission. XML), and release all of the SAX 2.0 source code, compiled code, and documentation contained in this distribution into the Public Domain. The authors and their employers disclaim all warranties with regard to SAX comes with NO WARRANTY or guarantee of fitness for any thissoftware, including all implied warranties of merchantability and purpose. fitness. In no event shall the authorsor their employers be liable for any special, indirect or consequential damages or any David Megginson, [email protected] damageswhatsoever resulting from loss of use, data or profits, 2000-05-05 whether in an action of contract, negligenceor other tortious action, arising out of or in connection with the use or performance of %% The following software may be included in this product: Cryptix; thissoftware. Use of any of this software is governed by the terms of the license below: Java is a trademark of Sun Microsystems, Inc. References to the Java programminglanguage in relation to JLex are not meant to imply that Cryptix General License Sun endorses this product. Copyright (C) 1995-2003 The Cryptix Foundation Limited. All rights %% The following software may be included in this product: SAX v. reserved. 2.0.1; Use of any of this software is governed by the terms of the Redistribution and use in source and binary forms, with or without license below: Copyright Status SAX is free! modification, are permitted provided that the following conditions aremet: In fact, it's not possible to own a license to SAX, since it's been placed in the public domain. 1.Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer. 2.Redistributions in No Warranty binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or Because SAX is released to the public domain, there is no warranty for other materials provided with the distribution. the design or for the software implementation, to the extent permitted by applicable law. Except when otherwise stated in writing the THIS SOFTWARE IS PROVIDED BY THE CRYPTIX FOUNDATION copyright holders and/or other parties provide SAX "as is" without LIMITED AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS warranty of any kind, either expressed or implied, including, but not ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, limited to, the implied warranties of merchantability and fitness for a THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
TIBCO EMS Client for IBM i 22 | Third-Party Software License Agreements
FITNESS FORA PARTICULAR PURPOSE ARE DISCLAIMED. IN NO THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT EVENT SHALL THE CRYPTIX FOUNDATION LIMITED OR HOLDERS MAKE NO REPRESENTATIONSOR WARRANTIES, CONTRIBUTORS BELIABLE FOR ANY DIRECT, INDIRECT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL WARRANTIES OFMERCHANTABILITY, FITNESS FOR A DAMAGES (INCLUDING, BUT NOTLIMITED TO, PROCUREMENT PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;THAT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY OR PROFITS; OR BUSINESSINTERRUPTION) HOWEVER PURPOSE; NOR THAT THEIMPLEMENTATION OF SUCH CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTENTS WILL NOT INFRINGE ANY THIRD PARTY CONTRACT, STRICT LIABILITY, OR TORT(INCLUDING PATENTS,COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OFTHE COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, POSSIBILITY OF SUCH DAMAGE. INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE %% The following software may be included in this product: W3C XML PERFORMANCEOR IMPLEMENTATION OF THE CONTENTS Schema Test Collection; Use of any of this software is governed by the THEREOF. terms of the license below: The name and trademarks of copyright holders may NOT be used in W3C (R) DOCUMENT NOTICE AND LICENSE advertising orpublicity pertaining to this document or its contents without specific, writtenprior permission. Title to copyright in this Copyright (C) 1994-2002 World Wide Web Consortium, document will at all times remainwith copyright holders. (Massachusetts Institute ofTechnology, Institut National de Recherche en Informatique et en Automatique,Keio University). All Rights ------Reserved. This formulation of W3C's notice and license became active on April http://www.w3.org/Consortium/Legal/ 05 1999 soas to account for the treatment of DTDs, schema's and bindings. See the olderformulation for the policy prior to this date. Public documents on the W3C site are provided by the copyright Please see our Copyright FAQ forcommon questions about using holders under thefollowing license. The software or Document Type materials from our site, including specific termsand conditions for Definitions (DTDs) associatedwith W3C specifications are governed packages like libwww, Amaya, and Jigsaw. Other questionsabout this by the Software Notice. By using and/orcopying this document, or the notice can be directed to [email protected]. W3C document from which this statement is linked,you (the licensee) webmaster agree that you have read, understood, and will comply withthe (last updated by reagle on 1999/04/99.) following terms and conditions: %% The following software may be included in this product: Stax API; Permission to use, copy, and distribute the contents of this document, Use of any of this software is governed by the terms of the license or theW3C document from which this statement is linked, in any below: medium for any purposeand without fee or royalty is hereby granted, Streaming API for XML (JSR-173) Specification Reference provided that you include thefollowing on ALL copies of the document, Implementation License Agreement or portions thereof, that you use: READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY 1. A link or URL to the original W3C document. BEFORE VIEWING OR USING THESOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU 2. The pre-existing copyright notice of the original author, or if it AGREE TO THE TERMS OF THISAGREEMENT. IFYOU ARE doesn'texist, a notice of the form: "Copyright [$date-of-document] ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE World Wide WebConsortium, (Massachusetts Institute of Technology, YOUR ACCEPTANCE OF THESETERMS BY SELECTING THE Institut National deRecherche en Informatique et en Automatique, "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU Keio University). All RightsReserved. DO NOT AGREE TOALL THESE TERMS, PROMPTLY RETURN THE http://www.w3.org/Consortium/Legal/" (Hypertext is preferred, but UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED atextual representation is permitted.) HEREIN. 1.0 DEFINITIONS. 3. If it exists, the STATUS of the W3C document. 1.1. "BEA" means BEA Systems, Inc., the licensor of the Original When space permits, inclusion of the full text of this NOTICE should Code. beprovided. We request that authorship attribution be provided in any software,documents, or other items or products that you create 1.2. "Contributor" means BEA and each entity that creates or pursuant to the contributes to thecreation of Modifications.
implementation of the contents of this document, or any portion 1.3. "Covered Code" means the Original Code or Modifications or the thereof. combinationof the Original Code and Modifications, in each case including portions thereof and corresponding documentation released No right to create modifications or derivatives of W3C documents is with the source code. grantedpursuant to this license. However, if additional requirements (documented in theCopyright FAQ) are satisfied, the right to create 1.4. "Executable" means Covered Code in any form other than Source modifications or derivativesis sometimes granted by the W3C to Code. individuals complying with those requirements. 1.5. "FCS" means first commercial shipment of a product.
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 23
1.6. "Modifications" means any addition to or deletion from the Claims.The patent license shall not apply to any other combinations substance orstructure of either the Original Code or any previous which include the Modification. Modifications. When Covered Code isreleased as a series of files, a Modification is: 2.3. Conditions to Grants. You understand that although each Contributorgrants the licenses to the Covered Code prepared by it, no (a) Any addition to or deletion from the contents of a file containing assurances are provided by anyContributor that the Covered Code OriginalCode or previous Modifications. does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to You for claims (b) Any new file that contains any part of the Original Code or brought by anyother entity based on infringement of intellectual previousModifications. property rights or otherwise. As a conditionto exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to 1.7. "Original Code" means Source Code of computer software code secure any other intellectual property rights needed, if any. For ReferenceImplementation. example, if a thirdparty patent license is required to allow You to distribute Covered Code, it is Your responsibility to acquire that license 1.8. "Patent Claims" means any patent claim(s), now owned or before distributing such code. hereafter acquired,including without limitation, method, process, and apparatus claims, in any patent for whichthe grantor has the right to 2.4. Contributors' Representation. Each Contributor represents that grant a license. to itsknowledge it has sufficient copyright rights in the Covered Code it provides , if any, to grantthe copyright license set forth in this 1.9. "Reference Implementation" means the prototype or "proof of Agreement. concept"implementation ofthe Specification developed and made available for license by or on behalf of BEA. 3.0 DISTRIBUION RESTRICTIONS.
1.10. "Source Code" means the preferred form of the Covered Code 3.1. Application of Agreement. for makingmodifications to it, including all modules it contains, plus any associated documentation,interface definition files, scripts used to The Modifications which You create or to which You contribute are control compilation and installation of an Executable, orsource code governed bythe terms of this Agreement, including without limitation differential comparisons against either the Original Code or another Section 2.0. The Source Code versionof Covered Code may be well known,available Covered Code of the Contributor's choice. distributed only under the terms of this Agreement or a future versionof this Agreement released under Section 6.1, and You must 1.11. "Specification" means the written specification for the Streaming include a copy of this Agreementwith every copy of the Source Code API forXML , Java technology developed pursuant to the Java You distribute. You may not offer or impose any terms on any Source Community Process. Code version that alters or restricts the applicable version of this Agreement or therecipients' rights hereunder. However, You may 1.12. "Technology Compatibility Kit" or "TCK" means the include an additional document offering theadditional rights described documentation, testingtools and test suites associated with the in Section 3.3. Specification as may be revised by BEA from time totime, that is provided so that an implementer of the Specification may determine if 3.2. Description of Modifications. itsimplementation is compliant with the Specification. You must cause all Covered Code to which You contribute to contain a 1.13. "You" (or "Your") means an individual or a legal entity exercising filedocumenting the changes You made to create that Covered Code rightsunder, and complying with all of the terms of, this Agreement or a and the date of any change. You mustinclude a prominent statement future version of thisAgreement issued under Section 6.1. For legal that the Modification is derived, directly or indirectly, fromOriginal entities, "You" includes any entity which controls,is controlled by, or is Code provided by BEA and including the name of BEA in (a) the under common control with You. For purposes of this Source Code, and (b) inany notice in an Executable version or related definition,"control" means (a)the power, direct or indirect, to cause the documentation in which You describe the origin orownership of the direction or management of suchentity, whether by contract or Covered Code. otherwise, or (b) ownership of more than fifty percent (50%) of theoutstanding shares or beneficial ownership of such entity. %% The following software may be included in this product: X Window System; Use of any of this software is governed by the terms of the 2.0 SOURCE CODE LICENSE. license below: Copyright The Open Group 2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributorhereby grants You a non-exclusive, worldwide, royalty-free Permission to use, copy, modify, distribute, and sell this software and copyright license to reproduce,prepare derivative works of, publicly itsdocumentation for any purpose is hereby granted without fee, display, publicly perform, distribute and sublicense theCovered Code provided that theabove copyright notice appear in all copies and that of such Contributor, if any, and such derivative works, in Source Code both that copyright noticeand this permission notice appear in andExecutable form. supporting documentation.
2.2. Patent Grant. Subject to the terms of this Agreement, each The above copyright notice and this permission notice shall be Contributorhereby grants You a non-exclusive, worldwide, royalty-free included in allcopies or substantial portions of the Software. patent license under the PatentClaims to make, use, sell, offer to sell, import and otherwise transfer the Covered Code preparedand THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF provided by such Contributor, if any, in Source Code and Executable ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED form. This patentlicense shall apply to the Covered Code if, at the time TO THE WARRANTIES OF MERCHANTABILITY, FITNESSFOR A a Modification is added by the Contributor,such addition of the PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT Modification causes such combination to be covered by the Patent SHALL THE OPEN GROUPBE LIABLE FOR ANY CLAIM, DAMAGES
TIBCO EMS Client for IBM i 24 | Third-Party Software License Agreements
OR OTHER LIABILITY, WHETHER IN AN ACTION OFCONTRACT, Redistribution and use in source and binary forms, with or without TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN modification, are permitted provided that the following conditions are CONNECTION WITH THESOFTWARE OR THE USE OR OTHER met: DEALINGS IN THE SOFTWARE. Redistributions of source code must retain the above copyright notice, Except as contained in this notice, the name of The Open Group shall this list of conditions and the following disclaimer. not be usedin advertising or otherwise to promote the sale, use or other dealings in thisSoftware without prior written authorization from Redistributions in binary form must reproduce the above copyright The Open Group. notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Portions also covered by other licenses as noted in the above URL. Neither the name of Toby Reyelts nor the names of his contributors %% The following software may be included in this product: dom4j v. may be used to endorse or promote products derived from this 1.6; Use of any of this software is governed by the terms of the license software without specific prior written permission. below: Redistribution and use of this software and associated documentation THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED ("Software"), with or without modification, are permitted provided that WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED thefollowing conditions are met: WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL 1. Redistributions of source code must retain copyright statements THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR andnotices. Redistributions must also contain a copy of this document. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, 2. Redistributions in binary form must reproduce the above copyright PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS notice,this list of conditions and the following disclaimer in the OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) documentation and/orother materials provided with the distribution. HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICTLIABILITY, 3. The name "DOM4J" must not be used to endorse or promote products derivedfrom this Software without prior written permission of OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING MetaStuff, Ltd. Forwritten permission, please contact IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF [email protected]. ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. Products derived from this Software may not be called "DOM4J" nor %% The following software may be included in this product: stripper; may"DOM4J" appear in their names without prior written permission of Use of any of this software is governed by the terms of the license MetaStuff,Ltd. DOM4J is a registered trademark of MetaStuff, Ltd. below:
5. Due credit should be given to the DOM4J Project - Stripper : debug information stripper http://www.dom4j.org Copyright (c) 2003 Kohsuke Kawaguchi All rights reserved. THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND ANYEXPRESSED OR IMPLIED Redistribution and use in source and binary forms, with or without WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE modification, are permitted provided that the following conditions are IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS met: FOR A PARTICULAR PURPOSE AREDISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE 1. Redistributions of source code must retain the above copyright FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES(INCLUDING, BUT notice, this list of conditions and the following disclaimer. NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS 2. Redistributions in binary form must reproduce the above copyright INTERRUPTION) HOWEVER CAUSED AND ONANY THEORY OF notice, this list of conditions and the following disclaimer in the LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR documentation and/or other materials provided with the distribution. TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF 3. Neither the name of the copyright holders nor the names of its ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. contributors may be used to endorse or promote products derived from this software without specific prior written permission. Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS %% The following software may be included in this product: AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED Retroweaver; Use of any of this software is governed by the terms of WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED the license below: WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL Copyright (c) February 2004, Toby Reyelts THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR All rights reserved. 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,
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 25
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT Greg Roelofs (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY Tom Tanner WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc. %% The following software may be included in this product: libpng official PNG reference library; Use of any of this software is governed For the purposes of this copyright and license, "Contributing by the terms of the license below: Authors"is defined as the following set of individuals:
This copy of the libpng notices is provided for your convenience. In Andreas Dilger case ofany discrepancy between this copy and the notices in the file Dave Martindale png.h that isincluded in the libpng distribution, the latter shall prevail. Guy Eric Schalnat Paul Schmidt COPYRIGHT NOTICE, DISCLAIMER, and LICENSE: Tim Wegner
If you modify libpng you may insert additional notices immediately The PNG Reference Library is supplied "AS IS". The Contributing followingthis sentence. Authorsand Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability libpng version 1.2.6, December 3, 2004, is Copyright (c) 2004 Glenn and offitness for any purpose. The Contributing Authors and Group Randers-Pehrson, and is distributed according to the same disclaimer 42, Inc. assume no liability for direct, indirect, incidental, special, and license as libpng-1.2.5with the following individual added to the exemplary,or consequential damages, which may result from the use list of Contributing Authors of the PNG Reference Library, even if advised of the possibility of such Cosmin Truta damage. libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, Permission is hereby granted to use, copy, modify, and distribute areCopyright (c) 2000-2002 Glenn Randers-Pehrson, and are thissource code, or portions hereof, for any purpose, without fee, distributed according to the same disclaimer and license as subjectto the following restrictions: libpng-1.0.6with the following individuals added to the list of Contributing Authors 1. The origin of this source code must not be misrepresented.
Simon-Pierre Cadieux 2. Altered versions must be plainly marked as such and must not be Eric S. Raymond misrepresented as being the original source. Gilles Vollant 3. This Copyright notice may not be removed or altered from any and with the following additions to the disclaimer: source or altered source distribution.
There is no warranty against interference with your enjoyment of the The Contributing Authors and Group 42, Inc. specifically permit, library or against infringement. There is no warranty that our withoutfee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. efforts or the library will fulfill any of your particular purposes or If you use thissource code in a product, acknowledgment is not needs. This library is provided with all faults, and the entire risk of required but would be appreciated. satisfactory quality, performance, accuracy, and effort is with the user. A "png_get_copyright" function is available, for convenient use in "about"boxes and the like: libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, areCopyright (c) 1998, 1999 Glenn Randers-Pehrson, and are printf("%s",png_get_copyright(NULL)); distributed according to the same disclaimer and license as Also, the PNG logo (in PNG format, of course) is supplied in the files libpng-0.96,with the following individuals added to the list of "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31). Contributing Authors: Libpng is OSI Certified Open Source Software. OSI Certified Open Tom Lane Source is acertification mark of the Open Source Initiative. Glenn Randers-Pehrson Willem van Schaik Glenn Randers-Pehrson glennrp at users.sourceforge.net libpng versions 0.89, June 1996, through 0.96, May 1997, are December 3, 2004 Copyright (c) 1996, 1997 Andreas Dilger %% The following software may be included in this product: Libungif - Distributed according to the same disclaimer and license as An uncompressed GIF library; Use of any of this software is governed libpng-0.88,with the following individuals added to the list of by the terms of the license below: Contributing Authors: The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond John Bowler Permission is hereby granted, free of charge, to any person obtaining Kevin Bracey a copyof this software and associated documentation files (the Sam Bushell "Software"), to dealin the Software without restriction, including Magnus Holmgren without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of the Software, and to permit
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TIBCO EMS Client for IBM i Third-Party Software License Agreements | 29 alleging that the Work or a Contribution incorporated within the Work 8. Limitation of Liability. In no event and under no legal theory, whether constitutes direct or contributory patent infringement, then any patent in tort (including negligence), contract, or otherwise, unless required licenses granted to You under this License for that Work shall by applicable law (such as deliberate and grossly negligent acts) or terminateas of the date such litigation is filed. agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential 4. Redistribution. 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TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A This license is based on the Apache Software License, version 1.1 PARTICULAR PURPOSEAND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHTHOLDER %% The following software may be included in this product: Jing; Use OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY of any of this software is governed by the terms of the license below: CLAIM, OR ANYSPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTINGFROM Jing Copying Conditions LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCEOR OTHER TORTIOUS ACTION, Copyright (c) 2001-2003 Thai Open Source Software Center Ltd ARISING OUT OF OR IN CONNECTION WITH THE USE ORPERFORMANCE OF THIS SOFTWARE. All rights reserved.
Except as contained in this notice, the name of acopyright holder shall Redistribution and use in source and binary forms, with or without not be used in advertising or otherwise to promote thesale, use or modification,are permitted provided that the following conditions are other dealings in this Software without prior written authorizationof the met: copyright holder. Redistributions of source code must retain the above copyright %% The following software may be included in this product: notice,this list of conditions and the following disclaimer. NekoHTML; Use of any of this software is governed by the terms of the license below: Redistributions in binary form must reproduce the above copyright notice,this list of conditions and the following disclaimer in the The CyberNeko Software License, Version 1.0 documentation and/orother materials provided with the distribution.
(C) Copyright 2002,2003, Andy Clark. All rights reserved. Neither the name of the Thai Open Source Software Center Ltd nor the namesof its contributors may be used to endorse or promote Redistribution and use in source and binary forms, with or without products derived from thissoftware without specific prior written modification, are permitted provided that the following conditions are permission. met: THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS 1. Redistributions of source code must retain the above copyright AND CONTRIBUTORS "AS IS" ANDANY EXPRESS OR IMPLIED notice, this list of conditions and the following disclaimer. WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS 2. Redistributions in binary form must reproduce the above copyright FOR A PARTICULAR PURPOSE AREDISCLAIMED. IN NO EVENT notice, this list of conditions and the following disclaimer in the SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR documentation and/or other materials provided with the distribution. ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO, 3. The end-user documentation included with the redistribution, if any, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS must include the following acknowledgment: "This product includes OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) software developed by Andy Clark." Alternately, this acknowledgment HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, may appear in the software itself, if and wherever such third-party WHETHER IN CONTRACT, STRICT LIABILITY, OR acknowledgments normally appear. TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF 4. The names "CyberNeko" and "NekoHTML" must not be used to ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. endorse or promote products derived from this software without prior written permission. For written permission, please contact %% The following software may be included in this product: [email protected]. RelaxNGCC; Use of any of this software is governed by the terms of the license below: 5. Products derived from this software may not be called "CyberNeko", nor may "CyberNeko" appear in their name, without prior written Copyright (c) 2000-2003 Daisuke Okajima and Kohsuke Kawaguchi. permission of the author. All rights reserved. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, Redistribution and use in source and binary forms, with or without THE IMPLIED WARRANTIES OF MERCHANTABILITY AND modification, are permitted provided that the following conditions are FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN met: NO EVENT SHALL THE AUTHOR OR OTHER CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, 1. Redistributions of source code must retain the above copyright EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT notice, this list of conditions and the following disclaimer. NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS 2. Redistributions in binary form must reproduce the above copyright INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF notice, this list of conditions and the following disclaimer in the LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT documentation and/or other materials provided with the distribution. (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED 3. The end-user documentation included with the redistribution, if any, OF THE POSSIBILITY OF SUCH DAMAGE. must include the following acknowledgment: "This product includes software developed by Daisuke Okajima and Kohsuke Kawaguchi ======(http://relaxngcc.sf.net/)."
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liablefor any direct, indirect, incidental, special or consequential software may not be called "Apache", normay "Apache" appear in their damagesarising out of the use of or inability to use this software. n a m e , w i t h o u t p r i o r w r i t t e n p e r m i s s i o n o f t h e A p a c h e S o f t w a r e Foundation. THIS SOFTWARE IS PROVIDED``AS IS'' AND ANY Permission is granted to anyone to use this software for any purpose, EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT including commercial applications, and to alter it and redistribute LIMITED TO, THEIMPLIED WARRANTIES OF MERCHANTABILITY itfreely, subject to the following restrictions: AND FITNESSFOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NOEVENT SHALL THE APACHE SOFTWARE FOUNDATION 1. Redistributions of source code must retain the above copyright ORITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,INDIRECT, notice, definition, disclaimer, and this list of conditions. INCIDENTAL, SPECIAL, EXEMPLARY, ORCONSEQUENTIAL DAMAGES (INCLU- DING, BUT NOT LIMITED TO, PROCUREMENT 2. Redistributions in binary form (compiled executables) must OF SUBSTITUTE GOODS ORSERVICES; LOSS OF USE, DATA, OR reproduce the above copyright notice, definition, disclaimer, and this PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED list of conditions in documentation and/or other materials provided AND ON ANYTHEORY OF LIABILITY, WHETHER IN CONTRACT, with the distribution. The sole exception to this condition is STRICTLIABILITY, OR TORT (INCLUDING NEGLIGENCE redistribution of a standard UnZipSFX binary (including SFXWiz) as O R O T H E R W I S E ) A R I S I N G I N A N Y W AY O U T O F T H E U S E O F T H I S part of a self-extracting archive; that is permitted without inclusion of SOFTWARE, EVEN IF ADVISED OF THEPOSSIBILITY OF SUCH this license, as long as the normal SFX banner has not been removed DAMAGE. This software consists ofvoluntary contributions made by from the binary or disabled. many individuals onbehalf of the Apache Software Foundation. Formore information on the Apache SoftwareFoundation, please see . 3. Altered versions--including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, %% The following software may be included in this product: Regexp, shared, or static library versions--must be plainly marked as such Regular Expression Package v. 1.2; Use of any of this software is and must not be misrepresented as being the original source. Such governed by the terms of the license below: The Apache Software altered versions also must not be misrepresented as being Info-ZIP License, Version 1.1 releases--including, but not limited to, labeling of the altered versions with the names "Info-ZIP" (or any variation thereof, including, Copyright (c) 2001 The Apache Software Foundation. All rights but not limited to, different capitalizations), "Pocket UnZip," "WiZ" reserved. or "MacZip" without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Redistribution and use in source and binary forms, with or without Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s). modification,are permitted provided that the following conditions are met: 4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip," "UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its 1. Redistributions of source code must retain the above copyright own source and binary releases. notice, this list of conditions and the following disclaimer.
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3. The end-userdocumentation included with the redistribution, if THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED any,must include the following acknowledgment:"This product includes OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, software developed bythe Apache Software THE IMPLIED WARRANTIES OF MERCHANTABILITY AND Foundation(http://www.apache.org/)." Alternately, this FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN acknowledgment mayappear in the software itself, if and wherever NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR suchthird-party acknowledgments normally appear. ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL 4. Thenames "Apache Forrest" and "Apache SoftwareFoundation" DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT must not be used to endorse or promoteproducts derived from this OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, software without priorwritten permission. For written permission, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER please contact [email protected]. 5. Products derivedfrom this CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
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CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING %% The following software may be included in this product: Visual NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF Studio. Use of any of this software is governed by the terms of the THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE license below: POSSIBILITY OF SUCH DAMAGE. END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE ======IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a %% The following software may be included in this product: Regexp, single entity) and Microsoft Corporation ("Microsoft) for the Microsoft Regular Expression Package v. 1.2; Use of any of this software is software that accompanies this EULA, which includes computer governed by the terms of the license below: software and may include associated media, printed materials, The Apache Software License, Version 1.1 "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may Copyright (c) 2001 The Apache Software Foundation. All rights accompany the Software. YOU AGREE TO BE BOUND BY THE reserved. TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, Redistribution and use in source and binary forms, with or without DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY modification,are permitted provided that the following conditions are RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) met: FOR A FULL REFUND.
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"This product includes software developed by the Apache Software Decisions for that product. Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever 1.1 General License Grant. Microsoft grants to you as an individual, a such third-party acknowledgments normally appear. personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, 4. The names "Apache" and "Apache Software Foundation" and testing, and demonstrating your software product(s), provided that you "Apache Turbine" must not be used to endorse or promote products are the only individual using the Software. If you are an entity, derived from this software without prior written permission. For written Microsoft grants to you a personal, nonexclusive license to use the permission, please contact [email protected]. Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you 5. Products derived from this software may not be called "Apache", have acquired a separate and valid license for each such individual. "Apache Turbine", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. 1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED only for personal purposes and are not to be republished or distributed OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, (either in hard copy or electronic form) beyond your premises. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN 1.3 Storage/Network Use. You may also store or install a copy of the NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR Software on a storage device, such as a network server, used only to ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, install or run the Software on computers used by licensed end users in INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL accordance with Section 1.1. A single license for the Software may not DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT be shared or used concurrently by multiple end users. OF SUBSTITUTE GOODS OR SERVICES; LOSS OF 1.4 Visual Studio-Effect of EULA. As a suite of development tools and USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) other Microsoft software programs (each such tool or software HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, program, a "Component"), Components that you receive as part of the WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT Software may include a separate end-user license agreement (each, a (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY "Component EULA"). Except as provided in Section 4 ("Prerelease WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED Code"), in the event of inconsistencies between this EULA and any OF THE POSSIBILITY OF SUCH DAMAGE. Component EULA, the terms of this EULA shall control. The Software may also contain third-party software programs. Any such software is ======provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that This software consists of voluntary contributions made by many software. individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see 2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In http://www.apache.org. addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with
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additional license rights. These additional license rights are license agreement (which may be "break-the-seal", "click-wrap" or conditioned signed), with terms no less protective than those contained in this Everett VSPro 1 EULA; (iv) not to use Microsoft's name, logo, or trademarks to market Final 11.04.02 the Licensee Software; (v) to display your own valid copyright notice upon your compliance with the distribution requirements and license which shall be sufficient to protect Microsoft's copyright in the limitations described in Section 3. Software; Everett VSPro 2 2.1 Sample Code. Microsoft grants you a limited, nonexclusive, Final 11.04.02 royalty-free license to: (a) use and modify the source code version of (vi) not to remove or obscure any copyright, trademark or patet notices those portions of the Software identified as "Samples" in REDIST.TXT that appear on the Software as delivered to you; (vii) to indemnify, hold or elsewhere in the Software ("Sample Code") for the sole purposes of harmless, and defend Microsoft from and against any claims or designing, developing, and testing your software product(s), and (b) lawsuits, including attorney's fees, that arise or result from the use or reproduce and distribute the Sample Code, along with any distribution of the Licensee Software; (viii) to otherwise comply with modifications thereof, in object and/or source code form. For the terms of this EULA; and (ix) agree that Microsoft reserves all rights applicable redistribution requirements for Sample Code, see Section not expressly granted. You also agree not to permit further distribution 3.1 below. of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your 2.2 Redistributable Code-General. Microsoft grants you a limited, end-user customers if your distributors only distribute the nonexclusive, royalty-free license to reproduce and distribute the Redistributables in conjunction with, and as part of, the Licensee object code form of any portion of the Software listed in REDIST.TXT Software, you comply with all other terms of this EULA, and your ("Redistributable Code"). distributors comply with all restrictions of this EULA that are applicable For general redistribution requirements for Redistributable Code, see to you. Section 3.1 below. (b) If you use the Redistributables, then in addition to your compliance 2.3 Redistributable Code-Microsoft Merge Modules ("MSM"). with the applicable distribution requirements described for the Microsoft grants you a limited, nonexclusive, royalty-free license to Redistributables, the following also applies. Your license rights to the reproduce and distribute the content of MSM file(s) listed in Redistributables are conditioned upon your not (i) creating derivative REDIST.TXT in the manner described in the Software documentation works of the Redistributables in any manner that would cause the only so long as you redistribute such content in its entirety and do not Redistributables in whole or in part to become subject to any of the modify such content in any way. For all other applicable redistribution terms of an Excluded License; or (ii) distributing the Redistributables requirements for MSM files, see Section 3.1 below. (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded 2.4 Redistributable Code-Microsoft Foundation Classes (MFC), Active License. An "Excluded License" is any license that requires as a Template Libraries (ATL), and C runtimes (CRTs). In addition to the condition of use, modification and/or distribution of software subject to rights granted in Section 1, Microsoft grants you a license to use and the Excluded License, that such software or other software combined modify the source code version of those portions of the Software that and/or distributed with such software be (x) disclosed or distributed in are identified as MFC, ATL, or CRTs (collectively, the "VC source code form; (y) licensed for the purpose of making derivative Redistributables"), for the sole purposes of designing, developing, and works; or (z) redistributable at no charge. testing your software product(s). Provided you comply with Section 3.1 and you rename any files created by you that are included in the 3.2 Additional Distribution Requirements for Certain Redistributable Licensee Software (defined below), Microsoft grants you a limited, Code. If you choose to redistribute the files discussed in this Section, nonexclusive, royalty-free license to reproduce and distribute the then in addition to the terms of Section 3.1, you must ALSO comply object code version of the VC Redistributables, including any with the following. modifications you make. For purposes of this section, "modifications" shall mean enhancements to the functionality of the VC (a) Microsoft SQL Server Desktop Engine ("MSDE"). If you redistribute Redistributables. For all other applicable redistribution requirements MSDE you agree to comply with the following additional requirements: for VC Redistributables, see Section 3.1 below. 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If you choose to exercise your rights customers to license Microsoft Access in order to operate, you shall under Section 2, any redistribution by you is subject to your not reproduce or use MSDE for commercial distribution in conjunction compliance with Section 3.1; some of the Redistributable Code has with a general purpose word processing, spreadsheet or database additional limited use rights described in Section 3.2. management software product, or an integrated work or product suite whose components include a general purpose word processing, 3.1 General Distribution Requirements. spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported (a) If you choose to redistribute Sample Code, or Redistributable Code by Microsoft Access. A product that includes limited word processing, (collectively, the "Redistributables") as described in Section 2, you spreadsheet or database components along with other components agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to which provide significant and primary value, such as an accounting distribute the Redistributables only in object code form and in product with limited spreadsheet capability, is not considered to be a conjunction with and as a part of a software application product "general purpose" product. developed by you that adds significant and primary functionality to the Redistributables ("Licensee Software"); (ii) that the Redistributables (b) Microsoft Data Access Components. If you redistribute the only operate in conjunction with Microsoft Windows platforms; (iii) that Microsoft Data Access Component file identified as MDAC_TYP.EXE, if the Licensee Software is distributed beyond Licensee's premises or you also agree to externally from Licensee's organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user
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redistribute such file in object code only in conjunction with and as a of the Software, unless we provide other terms along with the update, part of a Licensee Software developed by you with a Microsoft supplement, add-on component, or Internet-based services development tool product that adds significant and primary component. Microsoft reserves the right to discontinue any functionality to MDAC_TYP.EXE. Internet-based services provided to you or made available to you Everett VSPro 3 through the use of the Software. Final 11.04.02 11. UPGRADES/DOWNGRADES 3.3 Separation of Components. The Software is licensed as a single Everett VSPro 4 product. Its component parts may not be separated for use by more Final 11.04.02 than one user. 11.1 Upgrades. To use a version of the Software identified as an 3.4 Benchmark Testing. The Software may contain the Microsoft .NET upgrade, you must first be licensed for the software identified by Framework. You may not disclose the results of any benchmark test of Microsoft as eligible for the upgrade. After upgrading, you may no the .NET Framework component of the Software to any third party longer use the software that formed the basis for your upgrade without Microsoft's prior written approval. eligibility.
4. PRERELEASE CODE. Portions of the Software may be identified 11.2 Downgrades. Instead of installing and using the Software, you as prerelease code ("Prerelease Code"). Such Prerelease Code is not may install and use copies of an earlier version of the Software, at the level of performance and compatibility of the final, generally provided that you completely remove such earlier version and install available product offering. The Prerelease Coe may not operate the current version of the Software within a reasonable time. Your use correctly and may be substantially modified prior to first commercial of such earlier version shall be governed by this EULA, and your rights shipment. Microsoft is not obligated to make this or any later version of to use such earlier version shall terminate when you install the the Prerelease Code commercially available. The grant of license to Software. use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that 11.3 Special Terms for Version 2003 Upgrade Editions of the Prerelease Code contains a separate end-user license agreement, the Software. If the Software accompanying this EULA is the version 2003 terms and conditions of such end-user license agreement shall govern edition of the Software and you have acquired it as an upgrade from your use of the corresponding Prerelease Code. the corresponding "2002" edition of the Microsoft software product with the same product name as the Software (the "Qualifying 5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft Software"), then Section 11.1 does not apply to you. Instead, you may reserves all rights not expressly granted to you in this EULA. The continue to use the Qualifying Software AND the version 2003 Software is protected by copyright and other intellectual property laws upgrade for so long as you continue to comply with the terms of this and treaties. Microsoft or its suppliers own the title, copyright, and EULA and the EULA governing your use of the Qualifying Software. other intellectual property rights in the Software. The Software is Qualifying Software does not include non-Microsoft software products. licensed, not sold. 12. NOT FOR RESALE SOFTWARE. Software identified as "Not For 6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, Resale" or "NFR," may not be sold or otherwise transfered for value, or AND DISASSEMBLY. You may not reverse engineer, decompile, or used for any purpose other than demonstration, test or evaluation. disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this 13. ACADEMIC EDITION SOFTWARE. To use Software identified as limitation. "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft 7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, Sales Information Center/One Microsoft Way/Redmond, WA lend or provide commercial hosting services with the Software. 98052-6399 or the Microsoft subsidiary serving your country.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its 14. EXPORT RESTRICTIONS. You acknowledge that the Software is affiliates may collect and use technical information gathered as part of subject to U.S. export jurisdiction. You agree to comply with all the product support services provided to you, if any, related to the applicable international and national laws that apply to the Software, Software. Microsoft may use this information solely to improve our including the U.S. Export Administration Regulations, as well as products or to provide customized services or technologies to you and end-user, end-use, and destination restrictions issued by U.S. and will not disclose this information in a form that personally identifies other governments. For additional information see you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites 15. SOFTWARE TRANSFER. The initial user of the Software may through the use of the Software. The third party sites are not under the make a one-time permanent transfer of this EULA and Software to control of Microsoft, and Microsoft is not responsible for the contents another end user, provided the initial user retains no copies of the of any third party sites, any links contained in third party sites, or any Software. This transfer must include all of the Software (including all changes or updates to third party sites. Microsoft is not responsible for component parts, the media and printed materials, any upgrades webcasting or any other form of transmission received from any third (including any Qualifying Software as defined in Section 11.3), this party sites. Microsoft is providing these links to third party sites to you EULA, and, if applicable, the Certificate of Authenticity). The transfer only as a convenience, and the inclusion of any link does not imply an may not be an indirect transfer, such as a consignment. Prior to the endorsement by Microsoft of the third party site. transfer, the end user receiving the Software must agree to all the EULA terms. 10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based 16. TERMINATION. Without prejudice to any other rights, Microsoft services components, of the Software that Microsoft may provide to may terminate this EULA if you fail to comply with the terms and you or make available to you after the date you obtain your initial copy conditions of this EULA. In such event, you must destroy all copies of
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the Software and all of its component parts. AND TO THE MAXIMUM Everett VSPro 5 Everett VSPro 6 Final 11.04.02 Final 11.04.02
17. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS AND CANADA. Except for the "Redistributables," which are provided SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT AS IS without warranty of any kind, Microsoft warrants that the SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY Software will perform substantially in accordance with the DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, accompanying materials for a period of ninety (90) days from the date WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT of receipt. If an implied warranty or condition is created by your NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES state/jurisdiction and federal or state/provincial law prohibits OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A disclaimer of it, you also have an implied warranty or condition, BUT PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, WARRANTY OR CONDITION OF ANY KIND. AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND Some states/jurisdictions do not allow limitations on how long an RELATED CONTENT THROUGH THE SOFTWARE OR implied warranty or condition lasts, so the above limitation may not OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. apply to you. Any supplements or updates to the Software, including ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, without limitation, any (if any) service packs or hot fixes provided to QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE you after the expiration of the ninety day Limited Warranty period are TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO not covered by any warranty or condition, express, implied or statutory. THE SOFTWARE.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER 19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND DAMAGES. Your exclusive remedy for any breach of this Limited CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT Warranty is as set forth below. Except for any refund elected by PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL the Software does not meet Microsoft's Limited Warranty, and, to the DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, maximum extent allowed by applicable law, even if any remedy fails of DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR its essential purpose. The terms of Section 19 ("Exclusion of OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR Incidental, Consequential and Certain Other Damages") are also PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO incorporated into this Limited Warranty. Some states/jurisdictions do MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF not allow the exclusion or limitation of incidental or consequential REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER damages, so the above limitation or exclusion may not apply to you. PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF This Limited Warranty gives you specific legal rights. You may have OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE other rights which vary from state/jurisdiction to state/jurisdiction. THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, liability and your exclusive remedy for any breach of this Limited AND RELATED CONTENT THROUGH THE SOFTWARE OR Warranty or for any other breach of this EULA or for any other liability OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR relating to the Software shall be, at Microsoft's option from time to time OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION exercised subject to applicable law, (a) return of the amount paid (if OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT any) for the Software, or (b) repair or replacement of the Software, that (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT does not meet this Limited Warranty and that is returned to Microsoft LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY with a copy of your receipt. You will receive the remedy elected by OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT Microsoft without charge, except that you are responsible for any OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF expenses you may incur (e.g. cost of shipping the Software to SUCH DAMAGES. Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a 20. LIMITATION OF LIABILITY AND REMEDIES. virus. Any replacement Software will be warranted for the remainder of NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR the original warranty period or thirty (30) days, whichever is longer, FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT and Microsoft will use commercially reasonable efforts to provide your LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL remedy within a commercially reasonable time of your compliance DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING with Microsoft's warranty remedy procedures. Outside the United ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS States or Canada, neither these remedies nor any product support SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR services offered by Microsoft are available without proof of purchase EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY from an authorized international source. To exercise your remedy, OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH contact: Microsoft, Attn. Microsoft Sales Information Center/One RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU serving your country. INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR 18. DISCLAIMER OF WARRANTIES. The Limited Warranty that US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND appears above is the only express warranty made to you and is DISCLAIMERS (INCLUDING SECTIONS 17, 18, AND 19) SHALL provided in lieu of any other express warranties or similar obligations APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE (if any) created by any advertising, documentation, packaging, or LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. other communications. EXCEPT FOR THE LIMITED WARRANTY
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 37
Everett VSPro 7 Votre recours exclusif pour toute violation de la présente garantie Final 11.04.02 limitée est décrit ci-après.
21. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne the U.S. Government pursuant to solicitations issued on or after respecte pas la December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the Everett VSPro 8 U.S. Government pursuant to solicitations issued prior to December 1, Final 11.04.02 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT garantie limitée de Microsoft et, dans la mesure maximale permise par 1988), as applicable. les lois applicables,même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, 22. APPLICABLE LAW. If you acquired this Software in the United NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la States, this EULA is governed by the laws of the State of Washington. clause «Exclusion des dommages accessoires, indirects et de If you acquired this Software in Canada, unless expressly prohibited certains autres dommages » sontégalement intégrées à la présente by local law, this EULA is governed by the laws in force in the Province garantie limitée. Certains États ou territoires ne permettent pas of Ontario, Canada; and, in respect of any dispute which may arise l'exclusion ou la limitation des dommages indirects ou accessoires de hereunder, you consent to the jurisdiction of the federal and provincial sorte que la limitation ou l'exclusion ci-dessus peut ne pas s'appliquer courts sitting in Toronto, Ontario. If you acquired this Software in the à vous. La présente garantie limitée vous donne des droits légaux European Union, Iceland, Norway, or Switzerland, then local law spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier applies. If you acquired this Software in any other country, then local d'unterritoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. law may apply. La seule responsabilité obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour toute violation de la présente garantie 23. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including limitée ou pour toute autre violation du présent contrat ou pour toute any addendum or amendment to this EULA which is included with the autre responsabilité relative au Logiciel seront, selon le choix de Software) are the entire agreement between you and Microsoft Microsoft exercé de temps à autre sous réserve de toute loi relating to the Software and the support services (if any) and they applicable, a) le remboursement du prix payé, le cas échéant, pour le supersede all prior or contemporaneous oral or written Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne communications, proposals and representations with respect to the respecte pas la présente garantie limitée et qui est retourné à Software or any other subject matter covered by this EULA. To the Microsoft avec une copie de votre reçu. Vous recevrez la extent the terms of any Microsoft policies or programs for support compensation choisie par Microsoft, sans frais, sauf que vous êtes services conflict with the terms of this EULA, the terms of this EULA responsable des dépenses que vous pourriez engager (p. ex., les frais shall control. If any provision of this EULA is held to be void, invalid, d'envoi du Logiciel à Microsoft). La présente garantie limitée est nulle unenforceable or illegal, the other provisions shall continue in full force si la défectuosité du Logiciel est causée par un accident, un usage and effect. Si vous avez acquis votre produit Microsoft au CANADA, la abusif, une mauvaise application, un usage anormal ou un virus. Tout garantie limitée suivante s'applique : Logiciel de remplacement sera garanti pour le reste de la période initiale de la garantie ou pendant trente (30) jours, selon la plus longue GARANTIE LIMITÉE entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique Sauf pur celles du "Redistributables," qui sont fournies "comme telles," offerts par Microsoft ne sont pas disponibles sans preuve d'achat Microsoft garantit que le Logiciel fonctionnera conformément aux d'une source internationale autorisée. Pour exercer votre recours, documents inclus pendant une période de 90 jours suivant la date de vous devez communiquer avec Microsoft et vous adresser au réception. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays. Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loifédérale ou provinciale ou d'un État en interdit le DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus déni, vous jouissez également d'une garantie ou condition implicite, constitue la seule garantie expresse qui vous est donnée et remplace MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS toutes autres garanties expresses (s'il en est) crées par une publicité, DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE un document, un emballage ou une autre communication. SAUF EN (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CE QUI A TRAIT À LA GARANTIE LIMITÉE ET DANS LA MESURE CONDITION DE QUELQUE NATURE QUECE SOIT QUANT AUX MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LE LOGICIEL DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR permettent pas de limiter la durée d'une garantie ou condition implicite MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES de sorte que la limitation ci-dessus peut ne pas s'appliquer à vous. PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, Tous les suppléments ou toutes les mises à jour relatifs au Logiciel, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) notamment, les ensembles de services ou les réparations à chaud (le LESGARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE cas échéant) qui vous sont fournis après l'expiration de la période de QUALITÉ MARCHANDE, D'ADAPTATION À UNE FIN quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par PARTICULIÈRE, DE FIABILITÉ OU DE DISPONIBILITÉ, quelque garantie ou condition que ce soit, expresse, implicite ou en D'EXACTITUDE OU D'EXHAUSTIVITÉ DES RÉPONSES, DES vertu de la loi. RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L'ART, D'ABSENCE DE VIRUS ET D'ABSENCE DE NÉGLIGENCE, LIMITATION DES RECOURS; ABSENCE DE DOMMAGES LE TOUT À L'ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE INDIRECTS OU AUTRES. L'OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU À L'ÉGARD DE LA FOURNITURE OU DE L'OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES,
TIBCO EMS Client for IBM i 38 | Third-Party Software License Agreements
RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S'Y Au cas où vous auriez des questions concernant cette licence ou que RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT vous désiriez vous mettre en rapport avec Microsoft pour quelque DE L'UTILISATION DU LOGICIEL . PAR AILLEURS, IL N'Y A raison que ce soit, veuillez utiliser l'information contenue dans le AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE Logiciel pour contacter la filiale de Microsoft desservant votre pays, ou PROPRIÉTÉ, À LA JOUISSANCE OU LA POSSESSION PAISIBLE, À visitez Microsoft sur le World Wide Web à http://www.microsoft.com. LA CONCORDANCE À UNE DESCRIPTION NI QUANT À UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL. The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other country: EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE Statutory rights not affected -The following guarantee is not restricted PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS to any territory and does not affect any statutory rights that you may MICROSOFT OU SES FOURNISSEURS NE SERONT have from your reseller or from Microsoft if you acquired the Software RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, directly from Microsoft. If you acquired the Software or any support ACCESSOIRES OU INDIRECTS DE services in Australia, New Zealand or Malaysia, please see the "Consumer rights" section below. Everett VSPro 9 Final 11.04.02 Everett VSPro 10 Final 11.04.02 QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DUMANQUE À GAGNER OU DE LA The guarantee -The Software is designed and offered as a DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU general-purpose software, not for any user's particular purpose. You AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES accept that no Software is error free and you are strongly advised to CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE back-up your files regularly. Provided that you have a valid license, L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE Microsoft guarantees that a) for a period of 90 days from the date of BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA receipt of your license to use the Software or the shortest period NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU permitted by applicable law it will perform substantially in accordance AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE with the written materials that accompany the Software; and b) any RAPPORTANT DE QUELQUEMANIÈRE QUE CE SOIT À support services provided by Microsoft shall be substantially as L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ DE S'EN described in applicable written materials provided to you by Microsoft SERVIR, À LA PRESTATION OU À L'OMISSION DE LA and Microsoft support engineers will use reasonable efforts, care and PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU À LA skill to solve any problem issues. In the event that the Software fails to FOURNITURE OU À L'OMISSION DE LA FOURNITURE DE TOUS comply with this guarantee, Microsoft will either (a) repair or replace AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET the Software or (b) return the price you paid. This guarantee is void if CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU failure of the Software results from accident, abuse or misapplication. PROVENANT AUTREMENT DE L'UTILISATION DU LOGICIEL OU Any replacement Software will be guaranteed for the remainder of the AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA original guarantee period or 30 days, whichever period is longer. You PRÉSENTE CONVENTION OU RELATIVEMENT À UNE TELLE agree that the above guarantee is your sole guarantee in relation to DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y the Software and any support services. COMPRIS LANÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DEVIOLATION DE GARANTIE DE Exclusion of All Other Terms -To the maximum extent permitted by MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME SI applicable law and subject to the guarantee above, Microsoft disclaims MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA all warranties, conditions and other terms, either express or implied POSSIBILITÉ DE TELS DOMMAGES. (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES for particular purpose with respect to the Software and the written DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE materials that accompany the Software. Any implied warranties that MOTIF QUE CE SOIT (NOTAMMENT, MAISSANS LIMITATION, cannot be excluded are limited to 90 days or to the shortest period TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES permitted by applicable law, whichever is greater. DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET DE L'UN OU L'AUTRE DE Limitation of Liability -To the maximum extent permitted by applicable SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE law and except as provided in the Microsoft Guarantee, Microsoft and LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF À its suppliers shall not be liable for any damages whatsoever (including L'ÉGARD DE TOUT CE QUI PRÉCÈDE (SAUF EN CE QUI without limitation, damages for loss of business profits, business CONCERNETOUT RECOURS DE RÉPARATION OU DE interruption, loss of business information or other pecuniary loss) REMPLACEMENT CHOISI PAR MICROSOFT À L'ÉGARD DE TOUT arising out of the use or inability to use the Software, even if Microsoft MANQUEMENT À LA GARANTIE LIMITÉE) SELIMITE AU PLUS has been advised of the possibility of such damages. In any case ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE Microsoft's entire liability under any provision of this Agreement shall VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 be limited to the amount actually paid by you for the Software. These $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y limitations do not apply to any liabilities that cannot be excluded or COMPRIS LES CLAUSES CI-DESSUS), S'APPLIQUENT DANS LA limited by applicable laws. MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL. Consumer rights -Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the À moins que cela ne soit prohibé par le droit local applicable, la Trade Practices Act and similar state and territory laws in Australia, the présente Convention est régie par les lois de la province d'Ontario, Consumer Guarantees Act in New Zealand and the Consumer Canada. Vous consentez à la compétence des tribunaux fédéraux et Protection Act in Malaysia in respect of which liability cannot lawfully provinciaux siégeant à Toronto, dans la province d'Ontario. be modified or excluded. If you acquired the Software in New Zealand
TIBCO EMS Client for IBM i Third-Party Software License Agreements | 39
for the purposes of a business, you confirm that the Consumer * The contents of this file are subject to the Netscape Public Guarantees Act does not apply. If you acquired the Software in * License Version 1.1 (the "License"); you may not use this file Australia and if Microsoft breaches a condition or warranty implied * except in compliance with the License. You may obtain a copy of under any law which cannot lawfully be modified or excluded by this * the License at http://www.mozilla.org/NPL/ agreement then, to the extent permitted by law, Microsoft's liability is * limited, at Microsoft's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or * Software distributed under the License is distributed on an "AS replacement; and (ii) in the case of support services: a) re-supply of * IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or the services; or b) the cost of having the services supplied again. * implied. See the License for the specific language governing * rights and limitations under the License. Everett VSPro 11 * Final 11.04.02 * The Original Code is Rhino code, released Should you have any questions concerning this EULA, or if you desire * May 6, 1999. * to contact Microsoft for any reason, please use the address * The Initial Developer of the Original Code is Netscape information enclosed in this Software to contact the Microsoft * Communications Corporation. Portions created by Netscape are subsidiary serving your country or visit Microsoft on the World Wide * Copyright (C) 1997-2000 Netscape Communications Corporation. All Web at http://www.microsoft.com. * Rights Reserved. * Everett VSPro 12 * Contributor(s): Final 11.04.02 * * Kemal Bayram This software consists of voluntary contributions made by many * Patrick Beard individuals on behalf of the Apache Software Foundation. For more * Norris Boyd information on the Apache Software Foundation, please see * Igor Bukanov, [email protected] http://www.apache.org. * Brendan Eich * Ethan Hugg %% The following software may be included in this product: zlib; Use * Roger Lawrence of any of this software is governed by the terms of the license below: * Terry Lucas * Mike McCabe zlib.h -- interface of the 'zlib' general purpose compression library * Milen Nankov * Attila Szegedi, [email protected] version 1.1.3, July 9th, 1998 * Ian D. Stewart * Andi Vajda Copyright (C) 1995-1998 Jean-loup Gailly and Mark Adler * Andrew Wason */ This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages %% The following software may be included in this product: Apache arising from the use of this software. Derby. Use of any of this software is governed by the terms of the license below: 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: Apache License 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 Version 2.0, January 2004 in a product, an acknowledgment in the product documentation would be appreciated but is not required. http://www.apache.org/licenses/
2. Altered source versions must be plainly marked as such, and must TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND not be misrepresented as being the original software. DISTRIBUTION
3. This notice may not be removed or altered from any source 1. Definitions. distribution. "License" shall mean the terms and conditions for use, reproduction, Jean-loup Gailly Mark Adler and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the [email protected] [email protected] copyright owner that is granting the License.
The data format used by the zlib library is described by RFCs "Legal Entity" shall mean the union of the acting entity and all other (Request for Comments) 1950 to 1952 in the files entities that control, are controlled by, or are under common control ftp://ds.internic.net/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate with that entity. For the purposes of this definition, format) and rfc1952.txt (gzip format "control" means (i) the power, direct or indirect, to cause the direction %% The following software may be included in this product: Mozilla or management of such entity, whether by contract or otherwise, or (ii) Rhino. Use of any of this software is governed by the terms of the ownership of fifty percent (50%) or more of the outstanding shares, or license below: (iii) beneficial ownership of such entity.
TIBCO EMS Client for IBM i 40 | Third-Party Software License Agreements
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For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to You may add Your own copyright statement to Your modifications and the Licensor or its representatives, including but not limited to may provide additional or different license terms and conditions for communication on electronic mailing lists, source code control use, reproduction, or distribution of Your modifications, or for any such systems, and issue tracking systems that are managed by, or on Derivative Works as a whole, provided Your use, reproduction, and behalf of, the Licensor for the purpose of discussing and improving the distribution of the Work otherwise complies with the conditions stated Work, but excluding communication that is conspicuously marked or in this License. otherwise designated in writing by the copyright owner as "Not a Contribution." 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by "Contributor" shall mean Licensor and any individual or Legal Entity on You to the Licensor shall be under the terms and conditions of this behalf of whom a Contribution has been received by Licensor and License, without any additional terms or conditions. Notwithstanding subsequently incorporated within the Work. the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor 2. Grant of Copyright License. Subject to the terms and conditions of regarding such Contributions. this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable 6. Trademarks. 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