Notices
About this information The following copyright statements and licenses apply to software components that are distributed with various versions of the OnCommand Core package software products. Your product does not necessarily use all the software components referred to below. Where required, source code is published at the following location: ftp://ftp.netapp.com/frm-ntap/opensource/
Copyrights and licenses
The following components are subject to the Apache License 1.1: ◆ Apache Tomcat - 5.0.20 Copyright © 2004 The Apache Software Foundation. All rights reserved. ◆ Apache-HTTP Server - 1.1.1 Copyright © 2000-2002 The Apache Software Foundation. All rights reserved. ◆ Apache Jakarta BCEL 5 Copyright © 2001 The Apache Software Foundation. All rights reserved. ◆ Apache Xerces Java XML Parser 2.6.1 Copyright © 1999- 2003 The Apache Software Foundation. All rights reserved. ◆ Apache Base64 functions 1.1 Copyright © 2000- 2002 The Apache Software Foundation. All rights reserved. ◆ Apache HTTP Server 1.1.1 Copyright © 2000- 2002 The Apache Software Foundation. All rights reserved. ◆ Apache Xerces Java XML Parser 2.6.2 Copyright © 2000- 2002 The Apache Software Foundation. All rights reserved. ◆ Apache Jakarta Commons CLI - 1.0 Copyright © 2002-2010 The Apache Software Foundation. All rights reserved. ◆ Apache Jakarta Commons Collections - 2.1 Copyright © 2001-2008 The Apache Software Foundation. All rights reserved. ◆ Apache Jakarta Commons Discovery - 0.2 Copyright © 2002-2011 The Apache Software Foundation . ◆ Apache Jakarta Commons FileUpload - 1.0 Copyright © 2002-2010 The Apache Software Foundation . All rights reserved. ◆ Apache log4j - 1.2.8
Notices 1 215-05829_A0—Copyright © 2011 NetApp, Inc. All rights reserved.
Copyright 2007 The Apache Software Foundation. ◆ Apache ORO - 2.0.7 Copyright © 1999-2004, The Apache Software Foundation. ◆ Apache Regexp - 1.3 Copyright © 2000-2011 The Apache Software Foundation. All Rights Reserved. ◆ Apache Web Services Axis - 1.2 Copyright © 2000-2005 The Apache Software Foundation. All rights reserved. ◆ Apache Web Services Axis Copyright © 2000-2005 The Apache Software Foundation. All rights reserved. ◆ Apache Web Services Axis - 1.1 Copyright © 2000-2005 The Apache Software Foundation. All rights reserved. ◆ Apache Xerces Java XML Parser - 1.4.1 Copyright © 1999-2010 The Apache Software Foundation. All Rights Reserved. ◆ Apache Xerces Java XML Parser Copyright © 1999-2010 The Apache Software Foundation. All Rights Reserved. ◆ Apache Xerces Java XML Parser - 2.6.1 Copyright © 1999-2010 The Apache Software Foundation. All Rights Reserved. ◆ Apache Xerces Java XML Parser - 2.6.2 Copyright © 1999-2010 The Apache Software Foundation. All Rights Reserved. ◆ Apache ORO - 2.0.8 Copyright © 2000-2002 The Apache Software Foundation ◆ Apache XML xml-commons - 1.0 Copyright © 2001-2002 The Apache Software Foundation Copyright © 1994-2001 World Wide Web Consortium Apache Software License 1.1: Copyright © 2000 The Apache Software Foundation. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."
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Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see
Notices 3
◆ Jakarta Commons-IO - 1.4 Copyright 2001-2008 The Apache Software Foundation. All rights reserved. ◆ L2FProd.com Common Components 6.2 Copyright © The Apache Software Foundation. All rights reserved. ◆ L2FProd.com Common Components 7.3 Copyright © The Apache Software Foundation. All rights reserved. ◆ SAM - Swing Action Manager 0.8.1 Copyright © The Apache Software Foundation. All rights reserved. ◆ Apache Axis WSDL Auto-generated Code Copyright © 2000-2005 The Apache Software Foundation. All rights reserved. ◆ Apache Batik - 1.6 Copyright 1999-2003,2005 The Apache Software Foundation. Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. Copyright © 1994-2001 World Wide Web Consortium Copyright © 2007 IBM Corporation and others. Copyright © 2005 Borland Software Corporation and others. ◆ Apache Derby aka Cloudscape Copyright 2004-2007 The Apache Software Foundation Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. © Copyright 1997,2004 International Business Machines Corporation. All rights reserved. © Copyright IBM Corp. 2003. ◆ Apache Jakarta Commons BeanUtils - 1.7.0 v Copyright 2001-2004 The Apache Software Foundation. ◆ Apache Jakarta Commons BeanUtils - 1.6 Copyright 2001-2004 The Apache Software Foundation. ◆ Apache Jakarta Commons Codec - 1.3 Copyright © 2002-2011 The Apache Software Foundation ◆ Apache Jakarta Commons Collections - 3.1 Copyright © 2001-2008 The Apache Software Foundation ◆ Apache Jakarta Commons Digester - 1.6 Copyright © 2001-2011 The Apache Software Foundation ◆ Apache Jakarta Commons Logging - 1.0.4 Copyright 2001-2007 The Apache Software Foundation ◆ Apache Jakarta Commons Validator - 1.1.4
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Copyright © 2002-2008 The Apache Software Foundation ◆ Apache Jakarta Lang - 2.4 Copyright 2001-2008 The Apache Software Foundation ◆ Apache Jakarta Log4j - 1.2.15 Copyright 2007 The Apache Software Foundation ◆ Apache Jakarta Taglibs - 1.1.2 Copyright © 2000-2009 The Apache Software Foundation ◆ Apache Struts - 1.2.7 Copyright © 2000-2011 The Apache Software Foundation. All Rights Reserved. ◆ Apache Tomcat - 6.0.18 Copyright 1999-2011, The Apache Software Foundation ◆ Apache Web Services Axis - 1.2.1 Copyright © 2000-2005 The Apache Software Foundation. All rights reserved. ◆ Apache Xerces Java XML Parser - 2.9.0 Copyright © 1999-2010 The Apache Software Foundation. All Rights Reserved. ◆ Apache XML-Commons Resolver - 1.2 Copyright © 2003, 2006 The Apache Software Foundation. Copyright © 2001, 2002 Sun Microsystems, Inc. Copyright © 2000 Arbortext, Inc. ◆ Apache-XML Xalan Java - 2.7.1 - software copyright © 1999-2002, Lotus Development Corporation., http://www.lotus.com. - software copyright © 2001-2002, Sun Microsystems., http://www.sun.com. - software copyright © 2003, IBM Corporation., http://www.ibm.com. - Copyright © 1999-2003 The Apache Software Foundation. All rights reserved. ◆ Castor Project - 0.9.9.1 Copyright 1999 © Exoffice Technologies Inc. Copyright 1999-2003 © Intalio Inc. All Rights Reserved. Copyright © 1999-2005 ExoLab Group, Intalio Inc., and Contributors. All rights reserved. ◆ Derby aka Cloudscape - 10.3.1.4 Copyright 2004-2007 The Apache Software Foundation Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. © Copyright 1997,2004 International Business Machines Corporation. All rights reserved. © Copyright IBM Corp. 2003. ◆ Derby aka Cloudscape - 10.4.2.0
Notices 5
Copyright 2004-2007 The Apache Software Foundation Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. © Copyright 1997,2004 International Business Machines Corporation. All rights reserved. © Copyright IBM Corp. 2003. ◆ google-collections - 1.0 rc2 Copyright © 2006-2009 Google Inc. ◆ i18n - 1.0.N20051019 Copyright 2004 by Autrijus Tang
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◆ Apache CXF - 2.1.6 Copyright 2006-2009 The Apache Software Foundation Copyright © 2000-2004 Jason Hunter & Brett McLaughlin ◆ Apache Geronimo - 1.1.1 Copyright 2003-2006 The Apache Software Foundation ◆ Apache Geronimo Activation 1.1 - 1.0.2 Copyright 2003-2008 The Apache Software Foundation ◆ Apache Geronimo Annotation 1.0 - 1.1.1 Copyright 2003-2008 The Apache Software Foundation ◆ Apache Geronimo JAX-WS 2.1 API - 1.0 Copyright 2003-2008 The Apache Software Foundation ◆ Apache Geronimo Web Services Metadata 2.0 - 1.1.2 Copyright 2003-2008 The Apache Software Foundation ◆ Apache Jakarta Commons BeanUtils - 1.7.0 Copyright 2001-2004 The Apache Software Foundation ◆ Apache Jakarta Commons Digester - 1.7 ◆ Copyright 2001-2005 The Apache Software Foundation. ◆ Apache Jakarta Commons JEXL - 1.1 ◆ Copyright 2002-2006 The Apache Software Foundation ◆ Apache Jakarta Commons Pool - 1.3 ◆ Copyright 1999-2004 The Apache Software Foundation ◆ Apache Jakarta DBCP - 1.2.2 ◆ Copyright 1999-2007 The Apache Software Foundation ◆ Apache Jakarta Fileupload - 1.2.1 ◆ Copyright 2002-2008 The Apache Software Foundation ◆ Apache Jakarta Lang - 2.4 ◆ Copyright 2001-2008 The Apache Software Foundation ◆ Apache Jakarta Log4j - 1.2.15 ◆ Copyright 2007 The Apache Software Foundation ◆ Apache Jakarta Log4j 1.2.15 DLLs and Executables ◆ Copyright 2007 The Apache Software Foundation ◆ Apache Jakarta Taglibs - 1.1.0 ◆ Copyright © 1999-2004 The Apache Software Foundation ◆ Apache Jakarta Velocity - 1.5
Notices 7
◆ Copyright ©© 2000-2007 The Apache Software Foundation ◆ Apache Neethi - 2.0.4 ◆ Copyright 2006 International Business Machines Corp ◆ Apache Tomcat - 6.0.18 ◆ Copyright 1999-2008 The Apache Software Foundation ◆ Apache XML Security - 1.4.3 Copyright 1999-2004 The Apache Software Foundation copyright © 2001, Institute for Data Communications Systems,
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◆ Derby aka Cloudscape - 10.5.3.0 Copyright 2004-2009 The Apache Software Foundation © Copyright 1997,2004 International Business Machines Corporation. All rights reserved. © Copyright IBM Corp. 2003. ◆ Dozer - 5.0 Copyright © 2005-2011 ◆ dozer Fast Infoset Project - 1.2.7 ◆ Copyright © 1999-2004 The Apache Software Foundation Copyright © 2001 - 2005 freebxml.org Copyright, 2004-2005 Sun Microsystems, Inc. ◆ google-collections - 1.0 ◆ google-web-toolkit - 1.7.1 ◆ Copyright 2007-2010 Google Inc. ◆ google-web-toolkit - 1.6.4 ◆ Copyright 2007-2009 Google Inc. ◆ google-web-toolkit - 2.0.3 ◆ Copyright © Google, Inc. 2009 ◆ guava-libraries - r08 ◆ Copyright 2010 Google Inc. ◆ gwt-log - 2.6.2 Copyright 2007-2008 Fred Sauer Copyright 2007 The Apache Software Foundation Copyright © 2002-2008 Atsuhiko Yamanaka, JCraft,Inc. All rights reserved. ◆ gwt-log - 3.0.0 Copyright 2007-2008 Fred Sauer Copyright 2007 The Apache Software Foundation Copyright © 2002-2008 Atsuhiko Yamanaka, JCraft,Inc. All rights reserved. ◆ gwt-log - 2.6.0 ◆ Copyright 2007-2008 Fred Sauer Copyright 2007 The Apache Software Foundation Copyright © 2002-2008 Atsuhiko Yamanaka, JCraft,Inc. All rights reserved. ◆ gwt-math - 2.1 ◆ No copyright statements are included in gwt-math-2.1. Authors are: Jackson -High-performance ◆ JSON-processor - 1.5.2-ASL ◆ Copyright © 2007- Tatu Saloranta, [email protected] ◆ Jakarta Commons-IO - 1.4 ◆ Copyright 2001-2008 The Apache Software Foundation ◆ Jakarta Commons-Logging - 1.1.1 Copyright 2001-2007 The Apache Software Foundation
Notices 9
◆ java-xmlbuilder - 0.3 Copyright 2008 James Murty (www.jamesmurty.com) ◆ Jetty - Java HTTP Servlet Server - 6.1.19 Copyright 2004-2005 Mort Bay Consulting Pty. Ltd. ◆ Jetty - Java HTTP Servlet Server - 6.1.9 Copyright 2004-2005 Mort Bay Consulting Pty. Ltd. ◆ js-test-driver - 1.0b Copyright © 2008 Google Inc. ◆ log4javascript - 1.4.1 Copyright 2009 Tim Down. ◆ Apache HTTP Server 2.2.10 Copyright © The Apache Software Foundation. All rights reserved. ◆ Apache HTTP Server - inet modules ◆ mcvaadin Copyright © The Apache Software Foundation. All rights reserved. ◆ Apache HTTP Server - strnatcmp.c - Martin Pool Copyright © The Apache Software Foundation. All rights reserved. Copyright ©2000 by Martin Pool
10 Notices
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
Notices 11
4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: You must give any other recipients of the Work or Derivative Works a copy of this License; and You must cause any modified files to carry prominent notices stating that You changed the files; and You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
12 Notices
9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[ ]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. Apache License Version 2.0 The following component is subject to the License for Autoconf GPL 2.0 with Exception: ◆ ltmain (autogen) - 1.3.3 Copyright © 1996-1999 Free Software Foundation, Inc. Autoconf GPL 2.0 with Exception As a special exception, the Free Software Foundation gives unlimited permission to copy, distribute and modify the configure scripts that are the output of Autoconf. You need not follow the terms of the GNU General Public License when using or distributing such scripts, even though portions of the text of Autoconf appear in them. The GNU General Public License (GPL) does govern all other use of the material that constitutes the Autoconf program. Certain portions of the Autoconf source text are designed to be copied (in certain cases, depending on the input) into the output of Autoconf. We call these the "data" portions. The rest of the Autoconf source text consists of comments plus executable code that decides which of the data portions to output in any given case. We call these comments and executable code the "non-data" portions. Autoconf never copies any of the non-data portions into its output. This special exception to the GPL applies to versions of Autoconf released by the Free Software Foundation. When you make and distribute a modified version of Autoconf, you may extend this special exception to the GPL to apply to your modified version as well, unless your modified version has the potential to copy into its output some of the text that was the non-data portion of the version that you started with. (In other words, unless your change moves or copies text from the non-data portions to the data portions.) If your modification has such potential, you must delete any notice of this special exception to the GPL from your modified version. The GNU General Public License (GPL) Version 2, June 1991
Notices 13
Copyright ©1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. he precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
14 Notices
You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following. Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
Notices 15
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution
16 Notices
is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BYAPPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms. To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. one line to give the program's name and a brief idea of what it does. Copyright ©
Notices 17
This program is free software; you can redistribute it and/ormodify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2of the License, or (at your option) any later version.This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Also add information on how to contact you by electronic and paper mail.If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright © year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details. The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.You should also get your employer (if you work as a programmer) or your school, if any,to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names: oyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker. signature of Ty Coon, 1 April 1989 Ty Coon, President of Vice This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. The following components are subject to the BSD 1.0 License: ◆ strtok_r 1992-NetBSD Copyright © 1982, 1986, 1990-1993 The Regents of the University of California. All rights reserved. ◆ JAXB-Workshop project 11/9/2007 11:20:54 AM Copyright © The Regents of the University of California. All rights reserved. ◆ regex 19950530 Copyright © The Regents of the University of California. All rights reserved. ◆ strtoll Copyright © 1994 The Downhill Project.. All rights reserved. ◆ Apache HTTP Server - APR - The Regents of the University of California 2.2.10 Copyright © 1987, 1993 The Regents of the University of California. All rights reserved. BSD 1.0 License: Copyright © 1982, 1986, 1990-1993 The Regents of the University of California.
18 Notices
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1) Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. 2) Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution. 3) All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following components are subject to the BSD 2.0 License: ◆ FreeBSD 1.2 Copyright © 1982, 1986 The Regents of the University of California. All rights reserved. Regents of the University of California. ◆ rddtool-php-build-contributor Copyright ©1999, 2000 Sascha Schumann. All rights reserved ◆ JGoodies - Binding 1.1.1 Copyright © 1995 - 2007 CollabNet. All rights reserved. ◆ Foxtrot 2.0 Copyright © 2002, Simone Bordet. .All rights reserved. ◆ Foxtrot 3.0 beta 1 Copyright © 2002, Simone Bordet. All rights reserved. ◆ JGoodies - Forms1.0.6 Copyright © 1995 - 2007 CollabNet. All rights reserved. ◆ JGoodies -looks 1.3.2 Copyright © 1995 - 2007 CollabNet. All rights reserved. ◆ JGoodies -validation 1.1
Notices 19
Copyright © 1995 - 2007 CollabNet. All rights reserved. ◆ XStream Library 1.1.3 Copyright © 2003-2006, Joe Walnes. All rights reserved. Copyright ©2006-2007,XStream Committers. All rights reserved. ◆ FreeBSD Copyright © 1995-2010 The FreeBSD Project. All rights reserved. Copyright © 1982, 1986 The Regents of the University of California. All rights reserved. ◆ relaxng - datatype (java) Copyright © The Organization for the Advancement of Structured Information Standards [OASIS] 2001, 2003. All Rights Reserved. Copyright © 2001, 2002, 2003, 2008 Thai Open Source Software Center Ltd Copyright © 1998-2006 Sun Microsystems, Inc. ◆ YUI Compressor Tool - 2.3.4 Copyright 2007-2011, Yahoo! Inc. All rights reserved. Copyright 2009, Dominik Smatana Copyright 2009-2011, Damien Raude-Morvan ◆ DOM4J - Flexible XML Framework for Java - 1.6.1 ◆ Copyright 2001-2005 © MetaStuff, Ltd. All Rights Reserved. ◆ FreeBSD - 5.4 ◆ The original copyright to the FreeBSD code is included in the source code. ◆ Copyright © 1992, 1993 The Regents of the University of California. Copyright © 2004,2005 Joerg Wunsch Hamcrest - 1.3.RC2 Copyright © 2000-2006 hamcrest.org ◆ JLine - Java console input library - 0.9.93 ◆ Copyright © 2002-2006, Marc Prud'hommeaux
20 Notices
Copyright © 2009 Altor Networks. All Rights Reserved. ◆ Copyright © 2009 NetApp. All Rights Reserved. ◆ VMware Infrastructure Java API - VI 2.0 ◆ Copyright © 2008 VMware, Inc. All Rights Reserved. ◆ VMware Infrastructure Java API - VI 2.0 update 1 ◆ Copyright © 2008 VMware, Inc. All Rights Reserved. ◆ Dag-Erling Codan Smrgrav (test_limits.c) Copyright ©1998 Dag-Erling Codan Smrgrav. All rights reserved. ◆ Net SNMP - net-snmp - 5.4.2
◆ net-snmp - inet modules - 5.4.2 ◆ NetBSD - strcasecmp.c - 1.12 ◆ OpenSSH - 3.5p1 ◆ HBA API Verification Program_ hbaverify 0.1 Copyright © 2000-2001, TROIKA Networks, Inc. All rights reserved. Initial Author Benjamin F.Kuo, TROIKA Networks, Inc. ([email protected]) ◆ Apache-Boris-Text Convert to encode Copyright © 2000, Boris Popov. All rights reserved. ◆ Fabasoft's contribution to Net SNMP Copyright © Fabasoft R&D Software GmbH & Co KG, 2003. All rights reserved. ◆ getopt.c Copyright © 1987, 1993, 1994 The Regents of the University of California. All rights reserved. ◆ iconv ((Charset Conversion Library) 1.0 Copyright © 2000 Konstantin Chuguev. All rights reserved. ◆ net-snmp - getopt - RUC 8.2 Copyright © 1987, 1993, 1994 The Regents of the University of California. All rights reserved. ◆ net-snmp - NetBSD - strtok 1.9 Copyright © 1988 Regents of the University of California. All rights reserved. ◆ net-snmp - strtol - Berkeley 8.1 Copyright © 1990 The Regents of the University of California. All rights reserved. ◆ net-snmp - strtoul - Berkeley 8.1 Copyright © 1990 The Regents of the University of California. All rights reserved. ◆ NetApp changes in Net-snmp Module 5.4.2 Copyright © 2009 NetApp, Contribution by Devender Mudhiganti. All rights reserved.
Notices 21
◆ NetBSD - strcasecmp.c 1.12 Copyright © 1987, 1993 The Regents of the University of California. All rights reserved. ◆ Netsnmp - library - contributors 5.4.2 Copyright © 2009 NetApp Inc. All rights reserved. ◆ Netsnmp - snmplib - contributors 5.4.2 Copyright © 1989,1991,1992 by Carnegie Mellon University. All rights reserved. Copyright © 2003 Sun Microsystems, Inc. All rights reserved. Copyright © 2009 NetApp Inc. All rights reserved. ◆ OpenSSH 3.5p1 Copyright © 1995 Tatu Ylonen. All rights reserved. Copyright © 1999 Theo De Raadt . All rights reserved. Copyright © 1999, 2000, 2001 Markus Friedl. All rights reserved. ◆ openssh - connect - contributors 3.5p1 Copyright © 2000 Markus Friedl. All rights reserved. ◆ Openssh - rand - contributors 3.5p1 Copyright © 2001 Damien Miller. All rights reserved. ◆ FreeNAS 6.0 Copyright © 2005- 2010, Olivier Cochard-Labbe. All rights reserved. ◆ FreeNAS 0.7 Copyright © 2005- 2010, Olivier Cochard-Labbe. All rights reserved. ◆ OpenSSL - Tom Titchener's Contribution Written by Tom Titchener
22 Notices
Notices 23 All rights reserved Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of the 24 Notices This component has been modified by NetApp. A new line type and trending is implemented by NetApp in the RRDTool code. ◆ RRDtool 1.2.22 Copyright © 1989, 1991 Free Software Foundation, Inc. All rights reserved. Usage: Graphing utility used in Operations Manager UI. From RRDTool distribution This component has been modified by NetApp. A new line type and trending is implemented by NetApp in the RRDTool code. ◆ GCC 4.2.1 Copyright © 1989, 1991 Free Software Foundation, Inc. All rights reserved. GPL 2.0 License: The GNU General Public License (GPL) Version 2, June 1991 Copyright © 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software—to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.Also, for each author’s protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors’ reputations. Notices 25 Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone’s free use or not licensed at all. The precise terms and conditions for copying, distribution, and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The “Program”, below, refers to any such program or work, and a “work based on the Program” means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term “modification”.) Each licensee is addressed as “you”. Activities other than copying, distribution, and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program’s source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. 26 Notices Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine- readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. Notices 27 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients’ exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and “any later version”, you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES 28 Notices PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS The following component is subject to the Genivia Commercial License: ◆ gSOAP toolkit - typemap Copyright © 2004-2005, Robert van Engelen, Genivia Inc. All rights reserved. GENIVIA, INC., SOURCE CODE LICENSE AGREEMENT FOR COMMERCIAL USE Rationale: This source code license for commercial use shall replace the gSOAP public license and GPL license for Customer's use of the Software, thereby rendering the terms and conditions imposed by the gSOAP public license and GPL license on Customer inactive during the term of this commercial license as set forth in this Agreement. This license covers the entire gSOAP source distribution, including, but not limited to, the runtime library, compiler, WSDL importer, example applications, and documentation. THIS SOURCE CODE LICENSE AGREEMENT ("Agreement") is made and entered into as of the last date executed by the parties below (the "Effective Date") by and between GENIVIA, INC., a Florida corporation having a principal place of business at 3178 Shamrock East, Tallahassee, Florida 32309, USA, ("Genivia"), and ______, a ______corporation having a principal place of business at ______("Customer"). The parties agree as follows: DEFINITIONS. "Original Code" means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code. "Modifications" means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: any addition to or deletion from the contents of a file containing Original Code or previous Modifications; any new file that contains any part of the Original Code, or previous Modifications. Notices 29 "Covered Code" means the Original Code, or Modifications or the combination of the Original Code, and Modifications, in each case including portions thereof. "Software" means the Covered Code and accompanying documentation and support files referenced in section 1 of Exhibit A, including Updates (if any). "Updates" means any patches, bug fixes, upgrades, and new versions of the Software made generally available by Genivia during the term of this Agreement. "Source Code" means computer programming code in human readable form that is not suitable for machine execution without the intervening steps of interpretation or compilation, meaning the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable Object Code, or source code differential comparisons against the Original Code. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de- archiving software is widely available for no charge. "Executable Object Code" means the computer programming code in any other form than Source Code that is not readily perceivable by humans and suitable for machine execution without the intervening steps of interpretation or compilation. "Authorized Site" means the specific address of Customer's facility consisting of a single building or multiple buildings on a contiguous campus as specified in Exhibit A. "Project" means a concerted undertaking by an identified Customer development team to design or produce a Target Application. "Run-Time Module" means the Executable Object Code derived from compiling the Software to be incorporated into a Target Application as inseparably embedded code. "Target Application" means an end-user item, such as a software product that is possibly replicated in identical form and offered for sale or licensed to third parties, or a device or system developed by Customer pursuant to a Project that contains a Run-Time Module, or any portion thereof, as specified in Exhibit A and any Updates made during the term of this Agreement. SOURCE CODE LICENSE. Subject to Customer's compliance with the terms and conditions of this Agreement and payment of any applicable fees, Genivia hereby grants to Customer a non-transferable, non- exclusive, worldwide, perpetual, royalty-free, paid-up license: to reproduce and use the Software, solely at the Authorized Site in connection with the Project; to make one backup copy at the Authorized Site; to store the software in a CVS repository on the Authorized Site; to create Modifications and other derivative works of the Software, solely to the extent necessary to support the development of the Target Application; to compile the Software, including any Modifications and derivative works thereof, into Run-Time Modules; to reproduce an unlimited number of Run-Time Modules for physical incorporation into the Target Application; and to market and distribute the Target Application. RESTRICTIONS. Customer shall reproduce and include any and all copyright notices and proprietary rights legends, as such notices and legends appear in the original Software, on any copy of the Software, or portion thereof, with the exception of the gSOAP public license and GPL license notices. The Software shall be handled, used and stored, solely at the Authorized Site identified in Exhibit A. The Software may be used from a single machine, a set of machines, or a network file server, but there shall be no access to the Software from any external network not located at the Authorized Site. A function of the Software is to create Run-Time Modules for incorporation into Target Applications. Except as set forth in Section 2 above, no license is granted hereunder to reproduce or distribute the gSOAP soapcpp2 compiler and wsdl2h importer as part of such Target Application. OWNERSHIP. 30 Notices Genivia represents and warrants to Customer that Genivia has all rights in the Software necessary to grant the rights and license granted to Customer in this Agreement. Without limiting the foregoing, Genivia represents and warrants that Genivia acquires an assignment of all intellectual property rights in and to all portions of the Software delivered to Customer under this Agreement, including any Modifications made by GPL or gSOAP Public License licensees. Customer shall not have any obligation to provide, assign, or disclose to Genivia or any other party any Modifications. Notwithstanding the foregoing, Genivia and its licensors shall retain exclusive ownership of all worldwide Intellectual Property Rights in and to the Software. Customer acknowledges that this Agreement does not grant to Customer any Intellectual Property Rights in or to the Software other than the limited rights with respect to the Software as set forth in Section 2. DELIVERY AND PAYMENT. Immediately following the Effective Date, Genivia grants Customer the right to download the Software from the Approved Software Download Site specified in Exhibit A, and install the Software at the Authorized Site and use the Software as set forth in Section 2 subject to the restrictions listed in Section 3. Notwithstanding any terms or other agreements posted on the Approved Software Download Site, this Agreement shall be the sole and exclusive agreement governing Customer's use of the Software. Customer shall pay to Genivia the Software license fee set forth in Exhibit A. License fees will be invoiced with shipment of this License Agreement. Payment of all amounts invoiced shall be due sixty (60) days after receipt of the invoice. All payments and amounts shall be paid without deduction, set- off or counter claim, free and clear of any restrictions or conditions, and without deduction for any taxes, levies, imposts, duties, fees, deductions, withholdings or other governmental charges. If any deduction is required to be made by law, Customer shall pay in the manner and at the same time such additional amounts as will result in receipt by Genivia of such amount as would have been received by Genivia had no such amount been required to be deducted. If Customer is claiming sales or use tax exemption, a certified Tax Exempt Certificate must be attached to this Agreement or applicable purchase order submitted by Customer. TERM AND TERMINATION. This Agreement shall commence upon the Effective Date and is granted in perpetuity, but may be terminated without notice in the following circumstances: if you breach any term of this agreement, unless such breach is curable and is cured by Customer within thirty (30) days after notice of such breach is provided by Genivia; if you become the subject of insolvency proceedings; if you, being a firm or partnership, are dissolved; or if you destroy the Software for any reason. Upon termination, you or your representative shall destroy any remaining copies of the Software or otherwise return or dispose of such material. Termination pursuant to this clause shall not affect any rights or remedies, which Genivia may have otherwise under this license or at law. The following Sections shall survive any termination of this Agreement: Sections 1, 4, 6, and 8. Termination of this Agreement, if any, shall not affect any licenses or other grants of any rights, titles, or interests of Customer in or to any Run-Time Modules or the Target Application. LIMITED WARRANTY. Genivia warrants that the Software, installation scripts, and future Updates will be provided to Customer. Customer assumes full responsibility for: the selection, download, and installation of the Software from the Approved Software Download Site specified in Exhibit A; the proper use of the Software; verifying the results obtained from the use of the Software; and taking appropriate measures to prevent loss of data. Genivia does not warrant that the operation of the Software will meet Customer's requirements or that Customer will be able to achieve any particular results from use or modification of the Software or that the Software will operate free from error. Notices 31 EXCEPT AS EXPRESSLY SET FORTH IN SECTIONS 7 AND 8 OF THIS AGREEMENT, GENIVIA AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, CUSTOMER ACKNOWLEDGES THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT GENIVIA DOES NOT WARRANT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY CUSTOMER. UNDER NO CIRCUMSTANCES WILL GENIVIA BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE, EVEN IF GENIVIA HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED. SUCH LIMITATION ON DAMAGES INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL GENIVIA BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. CUSTOMER ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. GENIVIA EXPRESSLY DISCLAIM ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY CUSTOMER. FOR PURPOSES OF THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. INFRINGEMENT INDEMNITY. Genivia will defend at its expense any suit brought against Customer and will pay all damages finally awarded in such suit insofar as such suit is based on a claim that the Software as provided to Customer infringes a previously issued patent or copyright, provided that Genivia is notified promptly of such claim and is given full and complete authority (including settlement authority consistent with the other terms and conditions of this Agreement), information and assistance by Customer for such defense. In the event that the Software is held in any such suit to infringe such a right and its use is enjoined, or if in the opinion of Genivia the Software is likely to become the subject of such a claim, Genivia at its own election and expense will either procure for Customer the right to continue using the Software or modify or replace the Software so that it becomes non-infringing while giving substantially equivalent performance. In the event that (i) or (ii) above are not, in Genivia's sole determination, obtainable using reasonable commercial efforts, then Genivia may terminate this Agreement and refund amount Customer paid Genivia under this Agreement for the Software which is the subject of such claim. The 32 Notices indemnification obligation shall not apply to infringement actions or claims to the extent that such actions or claims are caused solely by: modifications made to the Software by a party other than Genivia; and the combination of the Software with items not supplied or approved by Genivia. GENERAL. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond the reasonable control of such party. The Software is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, Customer will provide the Software to U.S. Government End Users only pursuant to the terms and conditions therein. Customer may not delegate, assign or transfer this Agreement, the license(s) granted or any of Customer's rights or duties hereunder without Genivia's express prior written consent, except by way of merger or acquisition of the business of Customer, and any attempt to do so shall be void. Genivia may assign this Agreement, and its rights and obligations hereunder, in its sole discretion. All Software and technical information delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. Customer agrees to strictly comply with all such laws and regulations. This Agreement is governed by Florida law, excluding any principle or provision that would call for the application of the law of any jurisdiction other than Florida. Any action regarding this Agreement shall be brought in a court of competent jurisdiction, federal or state, in the County of Leon, Florida, and Genivia consents to venue and jurisdiction in and service of process from such court. EXHIBIT A Genivia gSOAP Source Code Products. Original Source Code files suitable for compilation into Run- Time Modules for integration into a Target Application: dom.h dom++.h dom.c dom++.cpp dom.cpp soapdoc2.pdf soapdoc2.html stdsoap2.h stdsoap2.c stdsoap2.cpp custom/ (all files included in the package under 'custom') import/ (all files included in the package under 'import') plugin/ (all files included in the package under 'plugin') samples/ (all files included in the package under 'samples') uddi2/ (all of the UDDI v2 support files included in the package under 'uddi2') Notices 33 WS/ (all of the files included included in the package under 'WS' ) Updates to any of the Original Source Code files listed above and distributed by Genivia are also covered under this Agreement. Original Source Code files of the Software with development functionality not suitable for compilation and integration into Target Applications: src/error2.c src/error2.h src/init2.c src/soapcpp2.c src/soapcpp2.h src/soapcpp2_lex.l src/soapcpp2_yacc.y src/symbol2.c wsdl/dime.h wsdl/gwsdl.h wsdl/http.h wsdl/imports.h wsdl/includes.h wsdl/mime.h wsdl/schema.cpp wsdl/schema.h wsdl/service.cpp wsdl/service.h wsdl/soap.cpp wsdl/soap.h wsdl/typemap.dat wsdl/types.cpp wsdl/types.h wsdl/wsdl.cpp wsdl/wsdl.h wsdl/wsdl2h.cpp The source codes above are part of the software development toolkit. The development toolkit generates source code that is suitable for compilation and integration into the Target Application as set forth by Sections 2 and 3. Approved Software Download Site http://sourceforge.net/projects/gsoap2 34 Notices Brief Description of the Customer's Project and Target Application (Confidential, for Internal Identification Purposes Only). ______License Fee: $195.00 USD Authorized Site (address and building identification): ______IN WITNESS WHEREOF, the parties' authorized representatives have executed this Agreement and Exhibit as of the Effective Date. GENIVIA By: Robert van Engelen Title: President Date: ______CUSTOMER ______By: ______Title: ______Date: ______This form must be completed, signed, and returned by fax, email, or surface mail to the following address to ensure prompt completion of the order. Genivia, Inc., Sales Department 3178 Shamrock East Tallahassee, FL32309, USA Email: [email protected] Voice: +1 (850) 264 2676 Fax: +1 (850) 893 1426 Genivia, Inc., Source Code License Agreement Jan 1, 2004, revised June 27, Aug 1/14, Oct 19, 04; Mar 31, 05, May 10/23, 05, July 1, 05, April 17, 06, May 23, 06. The following component is subject to the License for MD5 from RSA: ◆ MD5 from RSA 1991-2 Copyright ©1991-2, RSA Data Security, Inc. Created 1991. All rights reserved. MD5 algorithm implementation in C. From RSA Data Security, Inc. distribution. This component has not been modified by NetApp. MD5C.C - RSA Data Security, Inc., MD5 message-digest algorithm $Id: //depot/prod/champagne/main/src/libndmp/md5c.c3 $ Copyright ©1991-2, RSA Data Security, Inc. Created 1991. License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function. License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind. These notices must be retained in any copies of any part of this documentation and/or software. NetApp has elected to license the following component under the BSD 2.0 License and the following component is subject to the BSD License: ◆ iodbc - odbc.h - contributors 3.52.2 Copyright ©1995 by Ke Jin [email protected]>. All rights reserved. Notices 35 Copyright © 1996-2002 by OpenLink Software 36 Notices SOFTWARE PRODUCT. You may install and use an unlimited number of copies of the SOFTWARE PRODUCT on computers, including workstations, terminals or other digital electronic devices residing on your premises ("Computers") to design, develop, and test your software application(s) ("Application") for use with any version or edition of Microsoft Windows 95, Windows 98, Windows NT 4.0, Windows 2000 operating system products and/or any version or edition of any Microsoft operating system product that is a successor to the foregoing and/or any Microsoft product suite that contains any of the foregoing (each a "Microsoft Operating System Product"). Sample Code. You may modify the sample source code located in the SOFTWARE PRODUCT's "samples" directories ("Sample Code") to design, develop, and test your Application solely for use with a Microsoft Operating System Product. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Terms described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code. Redistributable Code. Portions of the SOFTWARE PRODUCT are designated as "Redistributable Code." The text file, \LICENSE\REDIST.TXT, lists the Redistributable code and describes distribution rights associated with the Redistributable Code, subject further to the Distribution Terms specified below. Distribution Terms. You may reproduce and distribute an unlimited number of copies of the Sample Code and/or Redistributable Code (collectively "Redistributable Components") as described above in object code form, provided that you distribute the Redistributable Components only in conjunction with and as a part of your Application solely for use with a Microsoft Operating System Product; your Application adds significant and primary functionality to the Redistributable Components; you distribute your Application containing the Redistributable Components pursuant to an End-User License Agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective than those contained herein; you do not permit further redistribution of the Redistributable Components by your end-user customers; you do not use Microsoft's name, logo, or trademarks to market your Application; you include a valid copyright notice on your Application; and you agree to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. Contact Microsoft for the applicable licensing terms for all other uses and/or distribution of the Redistributable Components. Reservation of Rights. Microsoft reserves all rights not expressly granted to you in this EULA. Pre-release code. The SOFTWARE PRODUCT may contain prerelease code that is not at the level of performance and compatibility of the final, generally available, product offering. These portions of the SOFTWARE PRODUCT may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the SOFTWARE PRODUCT commercially available. Microsoft grants you the right to distribute test version of your Application created using the PRERELEASE CODE provided you comply with the Distribution Requirements described in Section 1 and the following additional provisions: you must mark the test version of your Application "BETA" and you are solely responsible for updating your customers with versions of your Application that operate satisfactorily with the final commercial release of the PRERELEASE CODE. CONFIDENTIALITY OF PRERELEASE CODE. The PRERELEASE CODE, including its features, is proprietary and confidential information to Microsoft and its suppliers. you agree not to disclose or provide the PRERELEASE CODE, documentation, or any information relating to the PRERELEASE CODE (including features or the results of use or testing) to any third party except as expressly provided herein without Microsoft's express written permission. However, you may disclose confidential information in accordance with judicial or other governmental order, provided you shall Notices 37 give Microsoft reasonable notice prior to such disclosure and shall comply with any applicable protective order or equivalent. You shall not be liable to Microsoft for such information which you can prove is already known to you; becomes publicly known through no wrongful act of you; is rightfully received from a third party without similar restriction and without breach of this Agreement; or is independently developed by you. This provision shall survive the termination or expiration of this Agreement. TRANSFER - Internal. You may move the SOFTWARE PRODUCT to a different Computer. Transfer to Third Party. The initial user of the SOFTWARE PRODUCT may make a one-time transfer of the SOFTWARE PRODUCT to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred SOFTWARE PRODUCT must agree to all the EULA terms. No Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation. TERMINATION. Without prejudice to any other rights, Microsoft may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information you provide as a part of support services related to the SOFTWARE PRODUCT. Microsoft agrees not to use this information in a form that personally identifies you. NOT FOR RESALE SOFTWARE. SOFTWARE PRODUCT identified as "Not for Resale" or "NFR," may not be resold, transferred or used for any purpose other than demonstration, test or evaluation. ACADEMIC EDITION SOFTWARE. To use SOFTWARE PRODUCT identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country. EXPORT RESTRICTIONS. You acknowledge that the SOFTWARE PRODUCT is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the SOFTWARE PRODUCT, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments. For additional information, see {http://www.microsoft.com/exporting}. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law, Microsoft and its suppliers provide to you the SOFTWARE PRODUCT, and any (if any) support services relating to the SOFTWARE PRODUCT ("Support Services") AS IS AND WITH ALL FAULTS; and Microsoft and its suppliers hereby disclaim with respect to the SOFTWARE PRODUCT and Support Services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON- INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT AND ANY SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, 38 Notices PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE SUPPORT SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Microsoft and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. NOTE ON JAVA SUPPORT. THE SOFTWARE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN JAVA. JAVA TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF JAVA TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. Sun Microsystems, Inc. has contractually obligated Microsoft to make this disclaimer. U.S. GOVERNMENT LICENSE RIGHTS. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All SOFTWARE PRODUCT provided to the U.S. Government pursuant to solicitations issued prior to December 1, 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 1988), as applicable. APPLICABLE LAW. If you acquired this SOFTWARE PRODUCT in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this SOFTWARE PRODUCT in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If this SOFTWARE PRODUCT was acquired outside the United States, then local law may apply. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE PRODUCT) are the entire agreement between you and Microsoft relating to the SOFTWARE PRODUCT and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. Notices 39 The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. Si vous avez acquis votre PRODUIT LOGICIEL Microsoft au CANADA, la garantie limitee suivante vous concerne : DENI DE GARANTIE. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MICROSOFT ET SES FOURNISSEURS VOUS FOURNISSENT LE PRODUIT LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE POUR LE PRODUIT LOGICIEL (LES "SERVICES DE SOUTIEN"), LE CAS ECHEANT, TEL QUEL ET AVEC TOUS LES DEFAUTS; MICROSOFT ET SES FOURNISSEURS, PAR LES PRESENTES, DENIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, RELATIVEMENT AU PRODUIT LOGICIEL ET AUX SERVICES DE SOUTIEN, NOTAMMENT (LE CAS ECHEANT) LES GARANTIES, DEVOIRS OU CONDITIONS DE, OU EN MATIERE DE, QUALITE MARCHANDE, D'ADAPTATION A UN USAGE PARTICULIER, D'ABSENCE DE VIRUS, D'EXACTITUDE OU D'EXHAUSTIVITE DES REPONSES, DES RESULTATS, DES EFFORTS DEPLOYES SELON LES REGLES DE L'ART ET D'ABSENCE DE NEGLIGENCE. PAR AILLEURS, IL N'Y A AUCUNE GARANTIE, DEVOIR OU CONDITION QUANT AU TITRE DE PROPRIETE, A LA JOUISSANCE OU A LA POSSESSION PAISIBLE, A LA CONCORDANCE A UNE DESCRIPTION NI QUANT A UNE ABSENCE DE CONTREFACON CONCERNANT LE PRODUIT LOGICIEL OU LES SERVICES DE SOUTIEN. VOUS ACCEPTEZ TOUS LES RISQUES RELATIVEMENT A L'UTILISATION DU PRODUIT LOGICIEL ET DES SERVICES DE SOUTIEN DE MEME QUE RELATIVEMENT A LA PERFORMANCE DU PRODUIT LOGICIEL ET A LA PRESTATION DES SERVICES DE SOUTIEN. EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPECIAUX, ACCESSOIRES, INDIRECTS OU CONSECUTIFS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES A L'EGARD DE LA PERTE DE PROFITS OU A LA PERTE DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE L'INTERRUPTION DES AFFAIRES, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVEE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NEGLIGENCE ET DE TOUTE AUTRE PERTE PECUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIERE QUE CE SOIT A L'UTILISATION DU PRODUIT LOGICIEL OU A L'INCAPACITE DE S'EN SERVIR, A LA PRESTATION OU A L'OMISSION D'UNE PRESTATION DES SERVICES DE SOUTIEN OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE CE CLUF, OU RELATIVEMENT A UNE TELLE DISPOSITION, MEME EN CAS DE FAUTE, DE DELIT CIVIL (Y COMPRIS LA NEGLIGENCE, DE RESPONSABILITE STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR, ET CE MEME SI MICROSOFT OU TOUT FOURNISSEUR A ETE AVISE DE LA POSSIBILITE DE TELS DOMMAGES. LIMITATION DE RESPONSABILITE ET RECOURS. MALGRE LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, TOUS LES DOMMAGES SUS-MENTIONNES ET TOUS LES DOMMAGES DIRECTS OU GENERAUX), L'OBLIGATION INTEGRALE DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE CE CLUF ET VOTRE RECOURS EXCLUSIF A L'EGARD DE TOUT DE QUI PRECEDE SE LIMITENT AUX DOMMAGES REELS QUE VOUS AVEZ SUBIS EN VOUS FONDANT SUR UNE EXPECTATIVE RAISONNABLE, JUSQU'AU PLUS ELEVE ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS 40 Notices AVEZ REELLEMENT PAYE POUR LE PRODUIT LOGICIEL OU $5.00 U.S. LES LIMITES, EXCLUSIONS ET DENIS QUI PRECEDENT S'APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES MEME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL. La presente Convention est regie par les lois de la province d'Ontario, Canada. Chacune des parties a la presente reconnait irrevocablement la competence des tribunaux de la province d'Ontario et consent a instituer tout litige qui pourrait decouler de la presente aupres des tribunaux situes dans le district judiciaire de York, province d'Ontario. Au cas ou vous auriez des questions concernant cette licence ou que vous desiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez contacter la succursale Microsoft desservant votre pays, dont l'adresse est fournie dans ce produit, ou ecrivez a : Microsoft Sales Information Center, One Microsoft Way, Redmond, Washington 98052-6399. The following components are subject to the Mozilla Public License 1.1: ◆ Bclary JavaScript Browser sniffer - 1.9 Portions created by the Initial Developer are Copyright © 2001 the Initial Developer. All rights reserved. ◆ Mozilla Rhino: JavaScript for Java - 1.6R7 Portions created by the Initial Developer are Copyright © 1997-1999, 2004 the Initial Developer. All Rights Reserved. ◆ Mozilla - 1.7.12 MOZILLA PUBLIC LICENSE Version 1.1 1. Definitions. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party. 1.1. ''Contributor'' means each entity that creates or contributes to the creation of Modifications. 1.2. ''Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor. 1.3. ''Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof. 1.4. ''Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.5. ''Executable'' means Covered Code in any form other than Source Code. 1.6. ''Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.7. ''Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License. 1.8. ''License'' means this document. 1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. Notices 41 1.9. ''Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications. B. Any new file that contains any part of the Original Code or previous Modifications. 1.10. ''Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License. 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.11. ''Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de- archiving software is widely available for no charge. 1.12. "You'' (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, "You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, "control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 2. Source Code License. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims: (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger Work; and (b) under Patents Claims infringed by the making, using or selling of Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof). © the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code under the terms of this License. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that You delete from the Original Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices. 2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and 42 Notices (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and 2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination). (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first makes Commercial Use of the Covered Code. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code that Contributor has deleted from the Contributor Version; 2) separate from the Contributor Version; 3) for infringements caused by: i) third party modifications of Contributor Version or ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor. 3. Distribution Obligations. 3.1. Application of License. The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5. 3.2. Availability of Source Code. Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party. 3.3. Description of Modifications.You must cause all Covered Code to which You contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code. 3.4. Intellectual Property Matters (a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained. Notices 43 (b) Contributor APIs. If Contributor's Modifications include an application programming interface and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file. (c) Representations. Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear than any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer. 3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. 3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code. 4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it. 5. Application of this License. This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code. 44 Notices 6. Versions of the License. 6.1. New Versions. Netscape Communications Corporation (''Netscape'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions. Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Netscape. No one other than Netscape has the right to modify the terms applicable to Covered Code created under this License. 6.3. Derivative Works. If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Mozilla Public License and Netscape Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.) 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8. TERMINATION. 8.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that: (a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above. Notices 45 (b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant. 8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination. 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 10. U.S. GOVERNMENT END USERS. The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein. 11. MISCELLANEOUS. This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys' fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License. 12. RESPONSIBILITY FOR CLAIMS. 46 Notices As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as Multiple-Licensed. Multiple- Licensedmeans that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the MPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A. EXHIBIT A -Mozilla Public License. ``The contents of this file are subject to the Mozilla Public License Version 1.1 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/MPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License. The Original Code is ______. The Initial Developer of the Original Code is ______. Portions created by ______are Copyright © ______. All Rights Reserved. Contributor(s): ______. Alternatively, the contents of this file may be used under the terms of the _____ license (the [___] License), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License." [NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.] The following component is subject to the NetApp Tanuki Software Development Software License Agreement 1.1: ◆ Java Service Wrapper - 3.2.3 Copyright © 1999, 2006 Tanuki Software, Inc. and 2001 Silver Egg Technology. Tanuki Software, Ltd. Development Software License Agreement Version 1.1 License Agreement Number: TSILA-______Pursuant to this DEVELOPMENT SOFTWARE LICENSE AGREEMENT (the "Agreement") dated this th day of ______, 20__ (the "Effective Date"), ______("Licensee") and Tanuki Software, Ltd. ("TSI") agree to the following terms and conditions: Section 1 - Grant of License Effective upon the payment of the license fees presented in Exhibit 1, TSI grants to Licensee a non- exclusive, non-transferable, non-sublicensable right and license to use, reproduce, display, sell, lease, distribute and transfer copies, directly or indirectly, of the Software Program and documentation, in executable code form only, as parts of Licensee Products, for the purposes of marketing such Products Notices 47 to Licensee customers and for internal development of Products, during the period Licensee's subscription of the TSIMS (as defined in Section 5) effectively continues. Licensee may continue to market and distribute Products containing the Software Program so long as such Products have been completely developed by the end of the period Licensee's subscription of the TSIMS is active; provided however that under no circumstances may Licensee develop or continue to develop any new Product using or containing the Software Program after Licensee discontinues subscription of TSIMS. Licensee may not, under any circumstances, distribute or resell the Software Program as a stand-alone product, nor use the Software Program to create any product to directly compete with the Software Program. Section 2 - Definitions 2.1. "Community Edition" shall mean versions of the Software Program distributed in source form under the Tanuki Software, Ltd. Community Software License Agreement ("CSLA"), and all new releases, corrections, enhancements and updates to the Software Program, which TSI makes generally available under the CSLA. 2.2. "Documentation" shall mean the contents of the website describing the functionality and use of the Software Program, located at http://wrapper.tanukisoftware.org 2.3. "Product" shall mean the computer programs, that are provided by Licensee to Licensee customers or potential customers, and that contain both the Software Program as a component of the Product, and a component or components (other than the Software Program) that provide the material functionality of the Product. If the Product is released in source form, the Software Program or any of its components may only be included in executable form. 2.4. "Software Program" shall mean the computer software and license file provided by TSI under this Agreement, including all new releases, corrections, enhancements and updates to such computer software, which TSI makes generally available and which Licensee receive pursuant to Licensee subscription to TSIMS. Some specific features or platforms may not be enabled if they do not fall under the feature set(s) covered by the specific license fees paid. Section 3 - Licensee Obligations Licensee shall be solely responsible for all marketing, manufacturing, packaging, documentation production, distribution and customer pricing of the Products, and ensure that the Products and Licensee's such activities shall be in compliance with the applicable laws and regulations. Except as otherwise provided in this Agreement, Licensee shall also assume all responsibility and liability to customers for related support and assistance. Under no circumstances may Licensee modify, decompile, reverse engineer or disassemble any executable code contained within the Software Program nor create or prepare derivative works of, or attempt to discover or modify in any way the underlying source code of the Software Program or any part thereof. Licensee agrees that Licensee will not, nor will Licensee authorize or license another to, sell, market or license the Software Program, or any portion thereof, as a standalone computer software program, component or software development tool, or as a component or components of a computer software program, the chief marketability and functionality of which is the Software Program. Licensee further agrees that Licensee will not publish, present or document the application programming interface (API) of the Software Program except as required for specific use within the Product. Licensee shall ensure that each end user receiving a copy of any Product shall receive a license agreement containing terms no less protective of the Software Program than those contained in Exhibit 2, which shall include the Copyright Notices described therein in a location that is obvious to 48 Notices Licensee's customers. Neither the Software Program nor Product may be modified, nor in any way obfuscate or obstruct the copyright notice and license information displayed in the console and log files by the Software Program on startup. Licensee may extend and/or modify the Community Edition of the Software Program and distribute under the terms of this agreement provided that a) the Software Program is only distributed in executable form, and b) a valid license key is distributed with Software Program such that the Software Program is able to access the license key, and c) the Copyright and "Licensed to {Licensee} for {Product}" notices are clearly visible in the console and log files of the Software Program on startup, and d) the "Licensed to {Licensee} for {Product}" notice displays the Licensee and Product values from the license key file. Section 4 - Copyright and Trademark Licensee acknowledges that all copyrights in the Software Program and the goodwill associated therewith are vested in and belong to TSI. Section 5 - Maintenance Services 5.1 Scope and Duration TSI Maintenance Services ("TSIMS") are provided on an annual basis for the Software Program. The initial order for TSIMS shall be included in the initial fees paid for the license. After the first year of TSIMS, Licensee shall automatically receive TSIMS for successive one (1) year periods at the then current rates established by TSI for such TSIMS. TSI shall provide Licensee with notice of such renewal, via invoice, at least thirty (30) days prior to such renewal date, and Licensee may elect to discontinue TSIMS by written notification delivered to TSI prior to such renewal date. 5.2 Maintenance Obligations of the Parties Licensee agrees to provide first line support for the Product and Software Program to Licensee customers which support will include (i) appropriate number of trained personnel available to provide, in a competent manner, first line support of the Software Program to Licensee customers, (ii) log of all communication between Licensee and Licensee customer, as well as a reproducible test case (wherever possible) and any relevant information for any second line support cases that have been opened by Licensee with TSI. Section 6 - Warranty and Limited Liability Software Warranty: TSI warrants that, for a period of ninety (90) days from the initial delivery of the Software Program to Licensee, the Software Program, if used by Licensee in accordance with the Documentation, shall operate in material conformity with the Documentation for such Software Program. TSI does not warrant that the Software Program will meet all of Licensee requirements or that the use of the Software Program will be uninterrupted or error free. TSI's entire liability, and Licensee exclusive remedy, under this limited Software Warranty shall be for TSI (i) to attempt, through reasonable efforts, to correct any reproducible material nonconformity discovered within the ninety (90) day warranty period; or (ii) to replace the nonconforming Software Program with Software Program which conforms to the foregoing warranty. In the event TSI is unable to cure the breach of warranty described in this Section 6, after attempting the remedies described in (i) and (ii) above, Licensee may return the Software Program and TSI shall refund any license and maintenance fees paid by Licensee to TSI for the Software Program provided the refund of maintenance fees shall be limited to the amount representing the period during which the Software Program showed nonconformity. The above remedies are Notices 49 available only if TSI is promptly notified in writing, within the warranty period, upon discovery of the nonconformity by Licensee and TSI's examination of the Software Program discloses that such nonconformity exists, and that the Software Program has not been (i) altered or modified, other than by TSI, (ii) subjected to negligence, or computer or electrical malfunctions, or (iii) used, adjusted, or installed other than in accordance with the Documentation. TSIMS and Other Services Warranty: TSI warrants that any TSIMS or other services performed pursuant to the terms of this Agreement shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards. Disclaimer: THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SOFTWARE PROGRAM, AND TSI EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Limitation of Liability: IN NO EVENT SHALL EITHER PARTY'S LIABILITY ARISING OUT OF THIS AGREEMENT OR THE TERMINATION OF THIS AGREEMENT EXCEED THE AMOUNTS PAID OR DUE TO TSI HEREUNDER DURING A FULL YEAR IMMEDIATELY PRECEDING SUCH EVENT. IF SUCH LIABILITY RELATES TO PARTICULAR ITEMS OF SOFTWARE PROGRAM OR SERVICES PROVIDED BY TSI, SUCH LIABILITY SHALL BE LIMITED TO THE FEES PAID FOR THE RELEVANT SOFTWARE PROGRAM OR SERVICES. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING IN ANY WAY OUT OF THIS AGREEMENT UNDER ANY CAUSE OF ACTION, WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION MAY BE BROUGHT AGAINST TSI LATER THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION OCCURRED. EXCEPT FOR CLAIMS MADE UNDER SECTION 7 (INDEMNIFICATION), IN NO EVENT SHALL TSI BE LIABLE FOR ANY CLAIMS, DEMANDS OR ACTIONS OF ANY NATURE BROUGHT BY ANY THIRD PARTY AGAINST LICENSEE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Warranty Claims: Any claims made by Licensee for the breach of a warranty set forth in this Section 6, shall be made in writing and delivered to TSI by the end of the applicable warranty period, and Licensee shall provide TSI a reproducible test case, if applicable, demonstrating the breach of warranty. Section 7 - Indemnification TSI warrants that the use or distribution of unaltered Software Program(s), or the exercise of the licenses granted hereunder, will not infringe any copyright or patent, or other intellectual property rights of any third party, and TSI has all rights necessary for the grant of the rights and licenses granted by this Agreement. TSI agrees to indemnify, defend and hold Licensee harmless from any and all actions, causes of action, claims, demands, reasonable costs, liabilities, reasonable expenses (including reasonable attorney's fees) and damages (collectively, a "Loss" or "Losses") arising from any claim that the Software Program infringes any copyright or patent, or other intellectual property right of a third party, provided, however: (1) Licensee shall promptly deliver to TSI notice in writing of any infringement claim made by a third party, and, if known, specify in reasonable detail the nature of the claim and the amount, or an estimate of the amount, of the liability arising therefrom. Licensee shall, at TSI's expense, provide to TSI as 50 Notices promptly as practicable thereafter information and documentation reasonably requested by TSI to support and verify the claim asserted, provided that, in so doing, TSI may restrict or condition any disclosure in the interest of preserving privileges of importance in any foreseeable litigation. (2) TSI may assume and retain sole control of the investigation, the defense or the settlement of any third party infringement claim made against Licensee or TSI with respect to the Software Program, including the employment of counsel or accountants, at its cost and expense. Licensee shall have the right to employ counsel separate from counsel employed by TSI in any such action and to participate therein, but the fees and expenses of such counsel employed by Licensee shall be at Licensee expense. TSI shall have the right to determine and adopt (or, in the case of a proposal by Licensee, to approve) a settlement of such matter in its reasonable discretion. TSI shall not be liable for any settlement of any claim effected without its prior written consent, which shall not be unreasonably withheld. Whether or not TSI chooses to so investigate or defend such claim, Licensee shall cooperate with TSI in the defense thereof and shall furnish such records, information and testimony, and attend such conferences, discovery proceedings, hearings, trials and appeals, as may be reasonably requested by TSI in connection therewith. (3) If such a claim arises, or in either party's judgment is likely to arise, Licensee agrees to allow TSI, at TSI's option, to either (i) procure the right to permit the continued exercise of the rights and licenses in the Software Program granted under this Agreement; (ii) replace or modify the Software Program so it be-comes non-infringing, while affording equivalent performance; or (iii) terminate the license for the infringing Software Program and upon return thereof by Licensee, refund the unearned portion of any license fees paid by Licensee for the remainder of the current term hereof. (4) TSI shall have no indemnity obligation for claims of infringement resulting from any combination, operation or use of the Software Program, or any components thereof, with any software programs or data not supplied by TSI if such infringement would have been avoided by use of the Software Program alone. Licensee acknowledges and agrees that these four items are the exclusive remedy of Licensee for damages for breach of warranty or representations contained in this Section 7. Section 8 - Termination Should either party commit a material breach of its obligations hereunder, the other party may, at its option, terminate this Agreement by written notice to the party in default. Such notice shall identify and describe the default upon which termination is based. The defaulting party shall have thirty (30) days from the effective delivery of the notice to cure such default, which, if effected, shall prevent termination by virtue of such default. Should an insolvency proceeding be filed by or against either party, the other party may terminate this Agreement forthwith by giving a written notice to the first party. Upon termination of this Agreement, Licensee will either return to TSI or destroy all copies of the Software Program and documentation then in Licensee's possession. Licenses to the Software Program granted in the normal course of business by Licensee to its customers shall survive termination of this Agreement. Licensee shall, within thirty (30) days after the date of such termination, furnish TSI with a certificate of compliance in accordance with this Section. The parties agree that TSI shall have the right to enforce the obligations arising under this Section and to enjoin or compel Licensee through injunctive relief. Licensee may retain a commercially reasonable number of copies of the Software Program and documentation solely for the purpose of supporting Licensee customers who purchased a Product prior to the termination of this Agreement. Section 9 - Export Controls Licensee shall comply with, and ensure that Licensee sublicensees and resellers comply with, all applicable laws, regulations, rulings and executive orders of Japan or any other relevant jurisdiction relating to the export and re-export of the Software Program or any products containing the Software Program. Licensee shall not directly or indirectly export or re-export any Software Program or any Products containing the Software Program unless Licensee have obtained a license to do so if such a Notices 51 license is required. Licensee further agree that Licensee take appropriate measure to ensure that the Software Program or any Products containing the Software Program will not be exported or re- exported in violation of any applicable laws or regulations of any relevant jurisdiction. Section 10 - Entire Agreement This Agreement, including any attachments, constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes all prior agreements, both oral and written, representations, statements, negotiations and undertakings, with respect to the subject matter hereof, which such agreements, representations, statements, negotiations and undertakings are merged herein. No amendment or modification of this Agreement or any provision or attachment of this Agreement shall be effective unless it is in writing and signed by both parties. Section 11 - Governing Law The validity, construction and performance of this Agreement shall be governed by the substantive laws of Japan (excluding conflicts of law principles). Licensee and TSI agree that any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction of the Tokyo District Court of Japan. If any legal action is undertaken to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which that party may be entitled. You agree that the United Nations Convention on Contracts for the International Sales of Goods will not apply to this Agreement. Section 12 - Assignment and Benefit Without the consent of the other party in writing, neither party may assign this Agreement; provided, however, TSI or Licensee may assign this Agreement to a wholly-owned subsidiary of the respective corporation or a corporation in which the shareholders of the respective corporation own a majority interest of the voting control provided that the assigning party remains obligated hereunder; further provided, however, TSI or Licensee may assign this Agreement to another corporation which acquires or has acquired substantially all of the stock or assets of the assignor. If Licensee assigns this Agreement to an assignee as permitted in this Section, the assignee's license to use the Software Program is limited to use in Products which were offered by Licensee to Licensee customers or potential customers and the assignee is prohibited from use of the Software Program in other products or parts of products developed, sold or distributed by the assignee. This Agreement shall be binding upon and shall inure to the benefit of Licensee and TSI and each party's successors, subject to the other provisions of this Section. Section 13 - 3rd Party Components (1) The Software Program includes software and documentation components developed in part by Silver Egg Technology, Inc.("SET") prior to 2001 and released under the following license. Copyright © 2001 Silver Egg Technology Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE 52 Notices LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Section 14 - Confidentiality Confidential Information means all technical, business, financial and other information that is disclosed by either party to the other, whether orally or in writing, and all the terms and conditions of this Agreement, and all non-publicly available information. "Confidential Information" will not include any information (a) that is publicly available through no breach of this Agreement by either party, (b) that is independently developed or was previously known by either party, or (c) that is rightfully acquired by either party from a third party not under an obligation of confidentiality. Except as expressly permitted by this Agreement, both parties shall not, nor shall they permit their respective employees, agents, attorneys or independent contractors to, disclose, use, copy, distribute, sell, license, publish, reproduce or otherwise make available Confidential Information of the other party. Each party will (a) secure and protect the other party's Confidential Information by using the same or greater level of care that it uses to protect its own confidential and proprietary information of like kind, but in no event less than a reasonable degree of care, and (b) advise each of their respective employees, agents, attorneys and independent contractors who have access to such Confidential Information of the terms of this paragraph. Notwithstanding the foregoing, either party may disclose the other party's Confidential Information to the extent required by applicable law or regulation, or by order of a court or other governmental entity, in which case such party shall so notify the other party as soon as practicable. The confidentiality obligation hereunder shall survive termination or expiration of this Agreement. ------IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized representatives. LICENSEE . TSI ______By: ______Department name Title: ______Date: ______Licensee's Authorized Signature ______Typed or Printed Name ______Title: ______Date: ______Street Address ______City or Town ______State or Province ______Zip Code ______Country ______EXHIBIT 1 Licensed Software: Java Service Wrapper version ____, ______Edition __ Bit Licensed Operating System and Hardware Platform: All platforms Licensed Software Commercial Restrictions: None Licensed Software Use: Bundle Development / Deployment. Notices 53 Licensed Software Use Location: Bundle Development/Deployment Worldwide Authorized Number of Users: Unlimited FEES: (Licensed Software) $______(TSIMS fees, if applicable) Included in the License Fee for Year 1 (Services) None EXHIBIT 2 End User License Terms / Copyright Notice All End User Licenses shall include provisions that: (1) the End User is granted only a personal, nontransferable, and nonexclusive right to use the software only for personal use of the End User; (2) Licensee and/or its licensors retain all of their intellectual property rights in the software, and no title to such intellectual property is transferred to the End User; (3) the End User agrees not to reverse assemble, decompile, or otherwise attempt to derive source code from the TSI software; (4) Licensee's licensors shall not be liable to the End User for any indirect, consequential, incidental or special damages arising out of the use or license of the software, regardless of the theory of liability (including negligence and strict liability); and (5) Licensee and/or its licensors will have the right to terminate the license at any time in the event the End Users misuses the software; and A section concerning 3rd party components shall be provided, in all End User licenses, which contains at least the following: The Software Program includes software and documentation components developed in part by Silver Egg Technology, Inc.("SET") prior to 2001 and released under the following license. Copyright © 2001 Silver Egg Technology Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. Maintenance Support Services Addendum ------Tanuki Software, Ltd. Maintenance Support Services Addendum Version 1.1 Maintenance Support Agreement Number: TSIMS-______This Maintenance Support Services Addendum to the Master End-User Software License Agreement, number TSILA-______("Agreement") is effective on ______, ____. All terms and definitions contained in the Agreement to which this Addendum refers shall apply to the Licensed Software and services provided hereunder unless superseded by the terms below. 1. DEFINITIONS: The following definitions apply to this Addendum. 1.1 "TSIMS" means the annual, prepaid Maintenance Support services plan provided to Licensee by TSI which includes email based technical support during business hours (wrapper- [email protected]) for the Licensed Software version licensed hereunder including any applicable Updates and New Versions. 1.2 "New Version" means a major Licensed Software release that includes new product functionality and is denoted by a whole new product extension number (i.e., 3.3 to 4.0). New Versions shall include the following deliverables online: - documentation, - installation guide, - authorization codes, - release notes. 54 Notices 1.3 "Site" means a single physical location, a single purchasing contact, and a single Licensee support contact where Licensed Software is in use. TSIMS must be purchased for all Licensed Software at a Site when TSIMS is renewed at that Site. 1.4 "Updates" means all bug fixes, patches, workarounds, and enhancements contained in any of the releases of the Licensed Software (i.e., 3.3 to 3.4). 2. PRICE AND PAYMENTS: 2.1 The first year TSIMS fee is included in the Licensed Software bundle price. For TSIMS renewals, Licensee agrees to prepay an annual TSIMS renewal fee of twenty-five (25%) percent of the Licensed Software bundle price. The annual Fee is due net 30 days from invoice date. Licensee is responsible for any applicable taxes, levies, or duties. In the event that Licensee allows TSIMS to lapse for Licensed Software, TSI will allow Licensee to obtain TSIMS for such Licensed Software including any New Version of the Licensed Software upon payment of 125% of all lapsed TSIMS fees. 3. SERVICES: 3.1 Licensee shall be entitled to the level of service as described in Section 7 herein. 3.2 TSIMS is provided subject to the terms and conditions set forth in this Addendum. TSI has no obligation to provide TSIMS unless; (a) Licensee is in compliance with all terms and conditions of the Agreement, (b) the Licensed Software is unmodified by Licensee or any third party, and is properly maintained by Licensee at the current or immediately preceding version level, (c) and Licensee provides to TSI technical support personnel the name of its sole point of contact for technical support. Additional support services may be available to Licensee at TSI's current hourly consulting rates. 3.3 Prior to or upon expiration of this Agreement, upon Licensee's request, the parties hereto will negotiate in good faith an ongoing Licensed Software support plan. 4. TERM AND RENEWALS: 4.1 TSIMS shall commence on (a) the day of the Licensed Software shipment or (b) the date specified in this Agreement; or (c) as otherwise specified and agreed to in writing by TSI but in no case not later than six (6) months from date of Licensed Software shipment and will continue for a period of one year from the date established in (a), (b) or (c) above. If no specific TSIMS start is established, then TSIMS will commence on the Licensed Software shipment date. TSIMS may be renewed for subsequent one (1) year periods subject to then current TSIMS fees and the execution of a new Maintenance Support Services Addendum. 5. CONDITIONS AND DISCLAIMER: 5.1 TSI's obligation to provide TSIMS hereunder shall be limited to the express undertakings described herein and shall not extend to any software or hardware products, (a) owned by any third party (b) furnished, modified, revised or repaired by persons other than employees or agents of TSI, (c) operated under improper or unsafe conditions, (d) transferred without notice to TSI, or (e) any Licensee hardware or expendable supplies. TSIMS shall not include, without limitation, relocation or transfer of any Licensed Software, or modifications required to adapt products to other hardware or to other software not bearing the TSI trademark and not supplied by TSI, or modifications required to bring any outdated TSI Products to a revision level acceptable to TSI. 5.2 Licensee shall notify TSI promptly of problems requiring support or corrective action by TSI. Licensee shall maintain at its own cost (i) any necessary backup and security of software and any data; and (ii) the overall performance of the Licensee system. 6. ASSIGNMENT: Notices 55 The rights to prepaid TSIMS are assignable by Licensee, upon written notice to TSI, to any successor of Licensee who agrees in writing to be bound by the terms hereof and pays for the services provided. 7. Standard level Maintenance and Support 7.1 Scope of Services TSI will provide the following services to all Licensees: - Answers to Installation and Authorization Questions - Product Use Guidance - Problem Diagnosis - Licensed Software Configuration Help - Licensed Software Updates - New Media and documentation - New Versions of the Licensed Software These services exclude explicitly: - Third-Party Products - Hardware Platform Related Support - Operating System Related Support - Integration Advice or Any Other Consulting - Training. TSI maintains training and consulting departments that can assist, on a fee-for-service basis, with some or all of the services explicitly excluded as above. 7.2 Limitation TSI supports all Licensed Software as described in the then-current price book for which an annual TSIMS fee is paid. However, TSI will fix errors in the current version and the immediately preceding version of the Licensed Software. The Licensee will provide TSI with all the necessary information on the application, the platform, and the infrastructure at the supported Site. If any of such information is confidential, the Licensee should notify TSI. 7.3 Levels of Support 1st Level (or First Line Support) Support includes filing the problem as an issue in TSI's database, querying the TSI database for similar problems, bugs, and resolutions on the topic and communicating a resolution or plan for a resolution back to the Licensee. 2nd Level Support includes further research on the issue and includes, but is not limited to: recreating the problem in house, receiving and working with pieces of Licensee's code that illustrate the behavior; debugging Licensee's code and working to resolve the issue. 2nd Level Support issues are typically assigned to a TSI Product Specialist. 3rd Level Support includes but is not limited to the assistance of Product Support Specialists and Engineering Level Developers to assist in debugging code, providing hints to solve the problem, working with TSI product code to determine root causes. 56 Notices When the Licensee acquires TSI products through a TSI Partner, it is expected that the main support channel will be established through that Partner. In that case, 1st level support will be handled by that Partner, and TSI will communicate solely with the Partner on Licensee's issues. 7.4 Priority of an Issue The Licensee and TSI customer support staff shall jointly set issue priority levels. SEVERITY LEVEL 0 - CRISIS - An emergency deployment or production environment situation where the Licensed Software is inoperable or fails catastrophically and there is no workaround. SEVERITY LEVEL 1 - HIGH - A detrimental situation where one of the following conditions occurs: 1.) performance of the Licensed Software degrades substantially under reasonable loads causing a severe impact on use; or 2.) one or more primary functions or commands of the Licensed Software is inoperable. SEVERITY LEVEL 2 - MEDIUM - Occurs when use of the Licensed Software is noticeably affected but reasonably correctable by a workaround, documentation change, or patch which may be completely resolved and integrated into a future release. SEVERITY LEVEL 3 - LOW - An inconvenient situation where the Licensed Software is usable but does not provide a function in the most convenient manner and the Licensee suffers little or no significant impact. 7.5 Licensee Assistance and Responsibility in Problem Resolution When filing an issue, Licensee shall make the following information available to TSI: - Maintenance Support Agreement Number - Version (including revision level) of all TSI Licensed Software involved and any supporting product of software involved - Platform (Including Operating System Revision Level) of the Operating Environment - Error or other warning or advisory messages which you have been receiving - A reproducible test case where applicable - Any trace, log, and/or console files - Configuration files - Severity Level of problem - Priority Business or other justification for Severity Level 0 priority issues - Licensee responsibility with regard to assisting in resolving the Licensee issue includes providing a Licensee on-site technical contact, whose availability and response should mirror the response level requested of TSI, to provide resource and operational assistance. 7.6 Response/Resolution Time Within the business hours of the Customer Support Engineer responsible for the issue: Response Time: For the most prompt service, relevant technical detail and quickest response time, (generally less than 1 day) issues should be reported via email. Response to issues reported to Customer Support through fax, or telephone may have longer response times. Initial Analysis/Resolution Time: Crisis Handled on a Case by Case Basis, but initial response will be within 1 Business Day High Within 5 Business Days Medium Within 10 Business Days Low Subject to Development and Customer Support Priority Resolution means that Customer Support will use its reasonable efforts to resolve Licensee issues as prioritized above. Resolution may include: specification of a workaround; identification of a bug; or the recognition that additional analysis work needs to be done, on the part of Customer Support and the Notices 57 Licensee, which will extend beyond the initial resolution time. In all cases, resolution of issues by Customer Support will require the Licensee to assist in the following: documentation and reproduction of the issue; provision of a Licensee contact person with whom TSI Customer Support can maintain contact to arrange for analysis, testing, systems, and other resources and other tasks in support of resolution of the Licensee's problem and to whom status reports and requests for resources can be addressed. Ongoing communication shall be maintained regarding Licensee issue status and progress towards resolution between TSI Customer Support and the Licensee's issue contact. 7.7 Notification The Licensee will, by default, be notified by e-mail of all relevant updates on the issue since appropriate levels of technical detail are often best captured and presented via written e-mail. TSI's Support staff can also maintain telephone contact with the Licensee, if requested. 7.8 Distribution of Updates Shipment of Updates and New Versions will be made on a request-only basis. Requests can be made through an e-mail message. 7.9 Licensee Issues Are Typically Handled by Customer Support Engineers This is the primary and usual scenario. Contact is maintained between the Licensee and the TSI Customer Support Engineer ("CSE") responsible for the issue. The e-mail address to be used is: wrapper- [email protected] The following component is subject to the RSA Data Security License: ◆ RFC 1321 - April1992 Copyright © 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved. RSA Data Security Copyright © 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved. License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function. License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind. These notices must be retained in any copies of any part of this documentation and/or software. The following component is subject to the Sun Java Transaction API (JTA): ◆ Java Transaction API (JTA) 1.1 License Agreement SUN MICROSYSTEMS, INC. (``SUN'') IS WILLING TO LICENSE ITS Java Transaction API SOFTWARE (``SOFTWARE'') TO YOU ("CUSTOMER") ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). READ THE TERMS AND CONDITIONS OF THE AGREEMENT CAREFULLY BEFORE SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE. BY SELECTING THE "ACCEPT" BUTTON YOU AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, SELECT THE "DO NOT ACCEPT" BUTTON AT THE BOTTOM OF THIS PAGE AND THE INSTALLATION PROCESS WILL NOT CONTINUE. 58 Notices 1. License to Distribute. Customer is granted a royalty-free, non-transferable right to reproduce and use the Software for the purpose of developing applications which run in conjunction with the Software. Customer may not modify the Software (including any APIs exposed by the Software) in any way. 2. Restrictions. Software is confidential copyrighted information of Sun and title to all copies is retained by Sun and/or its licensors. Except to the extent enforcement of this provision is prohibited by applicable law, if at all, Customer shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. Customer warrants that it will not use or redistribute the Software for such purposes. 3. Trademarks and Logos. This Agreement does not authorize Customer to use any Sun name, trademark or logo. Customer acknowledges that Sun owns the Java trademark and all Java-related trademarks, logos and icons including the Coffee Cup and Duke (``Java Marks'') and agrees to: (i) comply with the Java Trademark Guidelines at http://java.sun.com/trademarks.html; (ii) not do anything harmful to or inconsistent with Sun's rights in the Java Marks; and (iii) assist Sun in protecting those rights, including assigning to Sun any rights acquired by Customer in any Java Mark. 4. Disclaimer of Warranty. Software is provided ``AS IS,'' without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 5.Limitation of Liability. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE DOWNLOADING OF, USE OF, OR INABILITY TO USE, SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Termination. Customer may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if Customer fails to comply with any provision of this Agreement. Upon such termination, Customer must destroy all copies of Software. Sections 4 and 5 above shall survive termination of this Agreement. 7. Export Regulations. Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software. Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders. 8. Restricted Rights. Use, duplication or disclosure by the United States government is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013(c) (1) (ii) and FAR 52.227-19(c) (2) as applicable. 9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 10. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the Agreement to be otherwise enforceable in such jurisdiction. However, if in Sun's Notices 59 opinion deletion or amendment of any provisions of the Agreement by operation of this paragraph unreasonably compromises the rights or increase the liabilities of Sun or its licensors, Sun reserves the right to terminate the Agreement. The following components are subject to the Sun License for J2SDK: ◆ Sun Java Platform Standard Edition SDK (J2SDK) (JDK) - 1.4.2-11 Copyright 2003 Sun Microsystems, Inc. All rights reserved. ◆ Sun Java Platform Standard Edition SDK (J2SDK) (JDK) - 1.4.2_11 Copyright 2003 Sun Microsystems, Inc. All rights reserved. Sun Microsystems, Inc. Binary Code License Agreement for the JAVATM 2 SOFTWARE DEVELOPMENT KIT (J2SDK), STANDARD EDITION, VERSION 1.4.2_X SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE. 1.DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "Programs" mean Java applets and applications intended to run on the Java 2 Platform, Standard Edition (J2SETM platform) platform on Java-enabled general purpose desktop computers and servers. 2.LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non- exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms. 3.RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms. 60 Notices 4.LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. 5.DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 6.LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENTWILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. 7.SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optional features of the Software may download, install, and execute applets, applications, software extensions, and updated versions of the Software from Sun ("Software Updates"), which may require you to accept updated terms and conditions for installation. If additional terms and conditions are not presented on installation, the Software Updates will be considered part of the Software and subject to the terms and conditions of the Agreement. 8.SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optional features of the Software and/or by requesting services that require use of the optional features of the Software, the Software may automatically download, install, and execute software applications from sources other than Sun ("Other Software"). Sun makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. 9.TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software. Notices 61 10.EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 11.TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. 12.U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 13.GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 14.SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 15.INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software. A.Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified (unless otherwise specified in the applicable README file) for the purpose of designing, developing, and testing your Programs. B.License to Distribute Software. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non- exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement 62 Notices that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. C.License to Distribute Redistributables. Subject to the terms and conditions of this Agreement, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (v) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. D.Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. E.Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM 2 Software Development Kit, Standard Edition, Version 1.4.2; (iv) The Software must be reproduced in its entirety and without any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2003, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE , and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Software; (viii) You shall indemnify Sun for Notices 63 all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (i) provides you prompt notice of the claim; (ii) gives you sole control of the defense and settlement of the claim; (iii) provides you, at your expense, with all available information, assistance and authority to defend; and (iv) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration. F.Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. G.Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution. For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. (LFI#135955/Form ID#011801) The following component is subject to the Sun RPC License: ◆ rpcgen (autogen) - Unspecified Copyright © 1984, Sun Microsystems, Inc. All rights reserved. Sun RPC Implementation - 4.0 Sun RPC License Sun RPC is a product of Sun Microsystems, Inc. and is provided for unrestricted use provided that this legend is included on all tape media and as a part of the software program in whole or part. Users may copy or modify Sun RPC without charge, but are not authorized to license or distribute it to anyone else except as part of a product or program developed by the user or with the express written consent of Sun Microsystems, Inc. SUN RPC IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF DESIGN, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. Sun RPC is provided with no support and without any obligation on the part of Sun Microsystems, Inc. to assist in its use, correction, modification or enhancement. SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY SUN RPC OR ANY PART THEREOF. In no event will Sun Microsystems, Inc. be liable for any lost revenue or profits or other special, indirect and consequential damages, even if Sun has been advised of the possibility of such damages. 64 Notices Sun Microsystems, Inc. 2550 Garcia Avenue Mountain View, California 94043 The following component is subject to the TreeView Distributors License: ◆ TreeView - 4.5 Copyright © 2006-2009 GubuSoft, LLC. All rights reserved. TreeView License: Distributor's License This License For Customer Use of GubuSoft TreeView Software ("LICENSE") is the agreement which governs use of the TreeView software by GubuSoft ("GUBUSOFT") downloadable herefrom, including computer software and associated documentation ("SOFTWARE"). By downloading, installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this LICENSE. If you do not agree to the terms of this LICENSE, do not use the SOFTWARE. GUBUSOFT grants Customer a royalty-free, perpetual license to use SOFTWARE with unlimited server CPUs and internet domains. An unlimited number of end users may access and use the SOFTWARE. Customer may redistribute SOFTWARE subject to limitations. GUBUSOFT grants Customer rights to modify the source code, for use within their application. DEFINITIONS 1.1 Customer. Customer means the entity or individual that downloads the SOFTWARE. GRANT OF LICENSE 2.1 GUBUSOFT hereby grants Customer the following non-exclusive, non-transferable right to use the SOFTWARE. 2.1.3 LIMITATIONS Customer may not rent, lease, or transfer the rights to the SOFTWARE to someone else. Customer may redistribute and use SOFTWARE in source code form provided Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; the source code retains all source code comments, including all copyright notices, without modification; Customer includes a valid copyright notice on their Application; and Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application. Customer may redistribute and use SOFTWARE in binary form provided (a) Customer Applications of SOFTWARE add primary and substantial functionality, and are not merely a set or subset of any of the functionality of the SOFTWARE, or a set or subset of any of the code or other files of the SOFTWARE; (b) Customer agrees to indemnify, hold harmless, and defend GubuSoft from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of Customer's Application; and (c) the following notices are included in the documentation and/or other materials provided with the Customer's Application: Copyright © 2006 Conor O'Mahony ([email protected]). All rights reserved. Notices 65 This application includes the TreeView script. You are not authorized to download and/or use the TreeView source code from this application for your own purposes. For your own FREE copy of the TreeView script, please visit the http://www.treeview.net Web site. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. If Customer is using the free version of SOFTWARE, Customer must ensure that the "JavaScript Tree Menu" link at the top of the TreeView is visible and readable in their Web page or application. Customer may not harm the GUBUSOFT intellectual property rights using any media or via any electronic or other method now known or later discovered. Customer may not use the GubuSoft name, the name of the TreeView author, or the names of any source code contributors to endorse or promote products derived from this SOFTWARE without specific prior written permission. Customer may not utilize the SOFTWARE in a manner which is disparaging to GUBUSOFT. TERMINATION This LICENSE will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of the SOFTWARE and all of its component parts. Defensive Suspension. If Customer commences or participates in any legal proceeding against GUBUSOFT, then GUBUSOFT may, in its sole discretion, suspend or terminate all license grants and any other rights provided under this LICENSE during the pendency of such legal proceedings. COPYRIGHT All title and copyrights in and to the SOFTWARE (including but not limited to all images, photographs, animations, video, audio, music, text, and other information incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by GUBUSOFT. The SOFTWARE is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat the SOFTWARE like any other copyrighted material, except as otherwise allowed pursuant to this LICENSE and that it may make one copy of the SOFTWARE solely for backup or archive purposes. APPLICABLE LAW This LICENSE shall be deemed to have been made in, and shall be construed pursuant to, the laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY 6.1 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND GUBUSOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 6.2 No Liability for Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUBUSOFT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS 66 Notices INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF GUBUSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MISCELLANEOUS If any provision of this LICENSE is inconsistent with, or cannot be fully enforced under, the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This LICENSE is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. This LICENSE may only be modified in writing signed by an authorized officer of GUBUSOFT. ASSIGNMENT GUBUSOFT may assign or otherwise transfer any of its rights or obligations under this LICENSE agreement. The following component is subject to the [base] BSD 2.0 (base license): ◆ IPv6 Structures from NetBSD - 3.1 Copyright © 1995, 1996, 1997, and 1998 WIDE Project. All rights reserved. Copyright © Notices 67 Copyright © 68 Notices "Articles" means, collectively, all articles written by Author which describes how the Source Code and Executable Files for the Work may be used by a user. "Author" means the individual or entity that offers the Work under the terms of this License. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works. "Executable Files" refer to the executables, binary files, configuration and any required data files included in the Work. "Publisher" means the provider of the website, magazine, CD-ROM, DVD or other medium from or by which the Work is obtained by You. "Source Code" refers to the collection of source code and configuration files used to create the Executable Files. "Standard Version" refers to such a Work if it has not been modified, or has been modified in accordance with the consent of the Author, such consent being in the full discretion of the Author. "Work" refers to the collection of files distributed by the Publisher, including the Source Code, Executable Files, binaries, data files, documentation, whitepapers and the Articles. "You" is you, an individual or entity wishing to use the Work and exercise your rights under this License. Fair Use/Fair Use Rights. Nothing in this License is intended to reduce, limit, or restrict any rights arising from fair use, fair dealing, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. License Grant. Subject to the terms and conditions of this License, the Author hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: You may use the standard version of the Source Code or Executable Files in Your own applications. You may apply bug fixes, portability fixes and other modifications obtained from the Public Domain or from the Author. A Work modified in such a way shall still be considered the standard version and will be subject to this License. You may otherwise modify Your copy of this Work (excluding the Articles) in any way to create a Derivative Work, provided that You insert a prominent notice in each changed file stating how, when and where You changed that file. You may distribute the standard version of the Executable Files and Source Code or Derivative Work in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution. The Articles discussing the Work published in any form by the author may not be distributed or republished without the Author's consent. The author retains copyright to any such Articles. You may use the Executable Files and Source Code pursuant to this License but you may not repost or republish or otherwise distribute or make available the Articles, without the prior written consent of the Author. Any subroutines or modules supplied by You and linked into the Source Code or Executable Files this Work shall not be considered part of this Work and will not be subject to the terms of this License. Patent License. Subject to the terms and conditions of this License, each Author hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, import, and otherwise transfer the Work. Restrictions. The license granted in Section 3 above is expressly made subject to and limited by the following restrictions: You agree not to remove any of the original copyright, patent, trademark, and attribution notices and associated disclaimers that may appear in the Source Code or Executable Files. You agree not to advertise or in any way imply that this Work is a product of Your own. The name of the Author may not be used to endorse or promote products derived from the Work without the prior written consent of the Author. You agree not to sell, lease, or rent any part of the Work. This does not restrict you from including the Work or any part of the Work inside a larger software distribution that itself is being sold. The Work by itself, though, cannot be sold, leased or rented. You may distribute the Executable Files and Source Code only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy of the Executable Files or Source Code You distribute and ensure that anyone receiving such Executable Files and Source Code agrees that the terms of this License apply to such Executable Files Notices 69 and/or Source Code. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute the Executable Files or Source Code with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License. You agree not to use the Work for illegal, immoral or improper purposes, or on pages containing illegal, immoral or improper material. The Work is subject to applicable export laws. You agree to comply with all such laws and regulations that may apply to the Work after Your receipt of the Work. Representations, Warranties and Disclaimer. THIS WORK IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OR GUARANTEES. YOU, THE USER, ASSUME ALL RISK IN ITS USE, INCLUDING COPYRIGHT INFRINGEMENT, PATENT INFRINGEMENT, SUITABILITY, ETC. 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If You bring a copyright, trademark, patent or any other infringement claim against any contributor over infringements You claim are made by the Work, your License from such contributor to the Work ends automatically. Subject to the above terms and conditions, this License is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, the Author reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. Publisher. The parties hereby confirm that the Publisher shall not, under any circumstances, be responsible for and shall not have any liability in respect of the subject matter of this License. The Publisher makes no warranty whatsoever in connection with the Work and shall not be liable to You or any party on any legal theory for any damages whatsoever, including without limitation any general, special, incidental or consequential damages arising in connection to this license. The Publisher reserves the right to cease making the Work available to You at any time without notice 70 Notices Miscellaneous This License shall be governed by the laws of the location of the head office of the Author or if the Author is an individual, the laws of location of the principal place of residence of the Author. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this License, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. This License constitutes the entire agreement between the parties with respect to the Work licensed herein. There are no understandings, agreements or representations with respect to the Work not specified herein. The Author shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Author and You. The following component is subject to the MIT License V2: ◆ swfobject - 2.2 Copyright © 2007-2008 Geoff Stearns, Michael Williams, and Bobby van der Sluis ◆ Bouncy Castle Crypto APIs - 1.16 Copyright © 2000 The Legion Of The Bouncy Castle ◆ ISO RELAX - 20020706 Copyright © 2001-2002, SourceForge ISO-RELAX Project (ASAMI Tomoharu, Kohsuke Kawaguchi, and MURATA Makoto) ◆ ISO RELAX - 20010802 Copyright © 2001-2002, SourceForge ISO-RELAX Project (ASAMI Tomoharu, Kohsuke Kawaguchi, and MURATA Makoto) ◆ Prototype JavaScript Framework - 1.4.0 ◆ swfobject -1.4.4 Copyright © 2007-2008 Geoff Stearns, Michael Williams, and Bobby van der Sluis ◆ coreswf Copyright © 2007-2008 Geoff Stearns, Michael Williams, and Bobby van der Sluis. ◆ RELAX NG Object Model / Parser - jaxb21_fcs Copyright © 2004-2011 ◆ Simple Logging Facade for Java (SLF4J) - 1.5.8 Copyright © 2004-2005 slf4j.org Copyright © 2004-2005 QOS.ch ◆ The Legion of the Bouncy Castle - 1.45 Copyright © 2000-2008 The Legion Of The Bouncy Castle (http://www.bouncycastle.org) ◆ PuTTY - beta 0.60 The MIT License Notices 71 Copyright © 72 Notices 2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non- exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms. 3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms. 4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. 7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software. 8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. Notices 73 9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software. A. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs. B. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non- transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. 74 Notices C. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non- transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. D. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. E. Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the estrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM SE Development Kit 6; (iv) The Software must be reproduced in its entirety and without any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2006, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE, and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Software; (viii) You shall indemnify Sun for all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (a) provides you prompt notice of the claim; (b) gives you sole control of the defense and settlement of the claim; (c) provides you, at your expense, with all available information, assistance and authority to defend; and (d) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title Notices 75 of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration. F. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. G. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution. H. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. I. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/. For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa Clara, California 95054, U.S.A. The following components are subject to the Common Public License: ◆ Abbot Java GUI Testing Framework - abbot - 1.0.0rc2 Copyright © 2002-2008 Timothy Wall, All Rights Reserved ◆ Abbot Java GUI Testing Framework - abbot Copyright © 2002-2008 Timothy Wall, All Rights Reserved ◆ DITA open toolkit Auto-Generated Files - 1.3.1 ◆ JUnit - 3.8.1 ◆ JWSDL - 1.6.1 Copyright IBM Corp 2006 Common Public License Version 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and 76 Notices ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program. d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. 3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: a) it complies with the terms and conditions of this Agreement; and b) its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; Notices 77 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: a) it must be made available under this Agreement; and b) a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 6. DISCLAIMER OF LIABILITY 78 Notices EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. The following component is subject to the Creative Commons Attribution 2.5: ◆ Silk Icons - 1.3 Attribution 2.5 Notices 79 CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY- CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. License THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. 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"Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License. censor" means the individual or entity that offers the Work under the terms of this License. "Original Author" means the individual or entity who created the Work. "Work" means the copyrightable work of authorship offered under the terms of this License. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. 2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; to create and reproduce Derivative Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works. For the avoidance of doubt, where the work is a musical composition: Performance Royalties Under Blanket 80 Notices Licenses. 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The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any reference to such Licensor or the Original Author, as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any reference to such Licensor or the Original Author, as requested. 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Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. 8. Miscellaneous Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You. 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Creative Commons may be contacted at http://creativecommons.org/. The following components are subject to the Eclipse Public License - v 1.0: ◆ Eclipse Project - 3.4.1 ◆ Eclipse BIRT Project - Business Intelligence and Reporting Tools - 2.0 Actuate Corporation Copyright © 1994 - 2009 Actuate Corporation. iClick, Inc., software copyright © 1999 Sun Microsystems., http://www.sun.com. - software copyright © 2000 World Wide Web Copyright © 2008 SAP AG Copyright © 2003, 2004, 2006 IBM Corporation and others. Copyright 1999-2001 The Apache Software Foundation. © Copyright Eclipse contributors and others 2005 ◆ Eclipse Data Tools Platform (DTP) - 3.0 ◆ Copyright © Eclipse contributors and others. 2000-2007. All rights reserved. copyright © 1999, 2001, 2004 IBM Corporation Eclipse Data Tools Platform (DTP) - 1.0 Copyright © Eclipse contributors and others. 2000-2007. All rights reserved. copyright © 1999, 2001, 2004 IBM Corporation ◆ Eclipse Equinox - 3.2.2 Copyright © 2000, 2006 OSGi Alliance copyright © 1999, IBM Corporation., http://www.ibm.com. ◆ Eclipse Equinox - 3.4 Copyright © 2000, 2006 OSGi Alliance copyright © 1999, IBM Corporation., http://www.ibm.com. ◆ Eclipse Equinox - 1.1.0 Copyright © 2000, 2006 OSGi Alliance copyright © 1999, IBM Corporation., http://www.ibm.com. ◆ Eclipse Graphical Modeling Framework (GMF) - software copyright © 1999, IBM Corporation., http://www.ibm.com. - software copyright © 1999, Sun Microsystems., http://www.sun.com. - software copyright © 2000 World Wide Web Consortium, http://www.w3.org ◆ Eclipse Project - 3.3 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.2 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.4 Copyright © 2000, 2004 IBM Corporation and others. Notices 83 ◆ Eclipse Project - 3.2.2 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.0.1 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.4.1 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.2.1 Copyright © 2000, 2004 IBM Corporation and others. ◆ Eclipse Project - 3.4.2 Copyright © 2000, 2004 IBM Corporation and others. Eclipse Public License - v 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. 84 Notices b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program. d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. 3. REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: a) it complies with the terms and conditions of this Agreement; and b) its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: a) it must be made available under this Agreement; and b) a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor Notices 85 includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. 86 Notices All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. The following component is subject to the JavaHelp 2.0 License (Sun Microsystems, Inc.Binary Code License Agreement): ◆ JavaHelp System - 2.0.02 Sun Microsystems, Inc.Binary Code License Agreement READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT. 1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid. 2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear Notices 87 facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. 3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. 4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. 7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. 10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. 88 Notices JAVAHELP(TM) VERSION 2.0 SUPPLEMENTAL LICENSE TERMS These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Agreement. These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software. 1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 4 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software complete and unmodified for the sole purpose of designing, developing and testing your Java applets and applications intended to run on the Java platform ("Programs"). 2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 4 (Java Technology Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form only, provided that you distribute the Software complete and unmodified and only bundled as part of your Programs, do not distribute additional software intended to replace any component(s) of the Software, do not remove or alter any proprietary legends or notices contained in the Software, only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. 3. License to Distribute Redistributables. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this Agreement, including but not limited to Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of your Programs, you do not distribute additional software intended to supersede any component(s) of the Redistributables, you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement, and you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software. 4. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which extends the functionality of the Java platform, and is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. Notices 89 You may not create, or authorize your licensees to create, additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. 5. Java Runtime Availability. Refer to the appropriate version of the Java Runtime Environment binary code license (currently located at http://www.java.sun.com/jdk/index.html) for the availability of runtime code which may be distributed with Java applets and applications. 6. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit. 7. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. Some source code may contain alternative license terms that apply only to that source code file. 8. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054. (LFI#135834/Form ID#011801) The following component is subject to the Jdom License: ◆ JDOM Copyright © 2000-2004 Jason Hunter & Brett McLaughlin. JDOM - 1.0 Copyright © 2000-2004 Jason Hunter & Brett McLaughlin. All rights reserved. jdom License Copyright © 2000-2004 Jason Hunter & Brett McLaughlin. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution. The name "JDOM" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact {request_AT_jdom_DOT_org}. Products derived from this software may not be called "JDOM", nor may "JDOM" appear in their name, without prior written permission from the JDOM Project Management {request_AT_jdom_DOT_org}. In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: "This product includes software developed by the JDOM Project (http://www.jdom.org/)." Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos. 90 Notices THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following components are subject to the LGPL 2.1 License: ◆ checkstyle - 4.1 ◆ gnu.regexp - Regular Expressions for Java - 1.1.4 ◆ gnu.regexp - Regular Expressions for Java ◆ JCalendar - A Java Date Chooser Bean - 1.2.2 ◆ JFreeChart - 1. JFreeChart - Unspecified ◆ JFreeChart - 1. JFreeChart - 1.0.4 ◆ JFreeChart - 3. JCommon - Unspecified ◆ JFreeChart - 3. JCommon - 1.0.8 ◆ JPF (Java Plugin Framework) - jpf Copyright© 2004-2007 Dmitry Olshansky. All Rights Reserved Copyright © 1991, 1999 Free Software Foundation, Inc. ◆ JPF (Java Plugin Framework) - jpf - 0.1 ◆ JPF (Java Plugin Framework) - jpf - 0.10 Copyright © 1991, 1999 Free Software Foundation, Inc. ◆ SwingLabs Swing Component Extensions - SwingX ◆ SwingLabs Swing Component Extensions - SwingX - 0.8.0 ◆ xswingx ◆ iText, a JAVA-PDF library - 1.5.4 Copyright © 2001, 2005 Sun Microsystems, Inc. All Rights Reserved. Copyright © 1988-1997 Sam Leffler Copyright © 1991-1997 Silicon Graphics, Inc. Copyright © 1991-2007 Unicode, Inc. © Copyright Bruno Lowagie and Paulo Soares 2002, 2007. All rights reserved. ◆ iText, a JAVA-PDF library - 2.1.3 Copyright © 2001, 2005 Sun Microsystems, Inc. All Rights Reserved. Notices 91 Copyright © 1988-1997 Sam Leffler Copyright © 1991-1997 Silicon Graphics, Inc. Copyright © 1991-2007 Unicode, Inc. © Copyright Bruno Lowagie and Paulo Soares 2002, 2007. All rights reserved. ◆ WebWorks - Web Application Framework - 5.0 Copyright © 2000-2008 Quadralay Corporation. All rights reserved. GNU Lesser General Public License Version 2.1, February 1999 Copyright © 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. [This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.] Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below. When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things. To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it. For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights. We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library. To protect each distributor, we want to make it very clear that there is no warranty for the free library. 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Copyright © 1999 Andy Polyakov Notices 101 Copyright © 2002 Markus Friedl Copyright © 1995-1998 Eric Young ([email protected]) and Tim Hudson ([email protected]) Copyright 1999 Bodo Moeller. All rights reserved. © Copyright Microsoft Corp. 1993. All rights reserved. Copyright © 2004 Kungliga Tekniska Högskolan Copyright 1998-2000 nCipher Corporation Limited. Copyright 2006 NTT (Nippon Telegraph and Telephone Corporation) . Copyright Patrick Powell 1995 ◆ OpenSSL Distributed DLLs - 0.9.8e - 0.9.8e Copyright © 1998-2008 The OpenSSL Project. All rights reserved. LICENSE ISSUES The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact [email protected]. OpenSSL License Copyright © 1998-2008 The OpenSSL Project. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)" The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)" THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN 102 Notices CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This product includes cryptographic software written by Eric Young ([email protected]). This product includes software written by Tim Hudson ([email protected]). Original SSLeay License Copyright © 1995-1998 Eric Young ([email protected]) All rights reserved. This package is an SSL implementation written by Eric Young ([email protected]). The implementation was written so as to conform with Netscapes SSL. This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson ([email protected]). Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed. If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package. 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If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson ([email protected])" THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 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All rights reserved. ◆ ANTLR, ANother Tool for Language Recognition - 2.7.2 Copyright © 2005-2006 Terence Parr Copyright © 2005-2009 Jim Idle, Copyright © 2007-2008 Johannes Luber, Copyright © 2008 Erik van Bilsen Copyright © 2006 Martin Traverso Copyright © 2006, 2007 Kay Roepke. All rights reserved. ANTLR License SOFTWARE RIGHTS ANTLR 1989-2004 Developed by Terence Parr Partially supported by University of San Francisco & jGuru.com We reserve no legal rights to the ANTLR--it is fully in the public domain. An individual or company may do whatever they wish with source code distributed with ANTLR or the code generated by ANTLR, including the incorporation of ANTLR, or its output, into commerical software. We encourage users to develop software with ANTLR. However, we do ask that credit is given to us for developing ANTLR. By "credit", we mean that if you use ANTLR or incorporate any source code into one of your programs (commercial product, research project, or otherwise) that you acknowledge this fact somewhere in the documentation, research report, etc... If you like ANTLR and have developed a nice tool with the output, please mention that you developed it using ANTLR. In addition, we ask that the headers remain intact in our source code. As long as these guidelines are kept, we expect to continue enhancing this system and expect to make other tools available as they are completed. The primary ANTLR guy: Terence Parr [email protected] [email protected] The following component is subject to the ICU License: ◆ International Components for Unicode - ICU4J - 3.8.1 Copyright © 2007, 2008 IBM Inc. All Rights Reserved. ICU License - ICU 1.8.1 and later COPYRIGHT AND PERMISSION NOTICE Copyright © 1995-2001 International Business Machines Corporation and others All rights reserved. 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The following component is subject to the JSon License: ◆ JSON in Java - 20061122 Copyright © 2002 JSON.org The JSON License Copyright © 2002 JSON.org Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. The Software shall be used for Good, not Evil. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following components are subject to the Sun GPL With Classpath Exception (GPL+): ◆ JavaServer Pages Standard Tag Library Copyright 2003 Sun Microsystems, Inc. All rights reserved. ◆ JAXB 2.0 Project - 20030516 Copyright 2003 Sun Microsystems, Inc. All rights reserved. 106 Notices ◆ jaxb-impl - 1.0.1 Copyright 2003 Sun Microsystems, Inc. All rights reserved. ◆ JSP - 2.1 Copyright © 2008 - 2010, Salvador Ortiz Notices 107 are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION 0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. 108 Notices c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program. In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. Notices 109 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 110 Notices 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12 IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. END OF TERMS AND CONDITIONS How to Apply These Terms to Your New Programs If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.one line to give the program's name and a brief idea of what it does. Copyright © This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Also add information on how to contact you by electronic and paper mail. If the program is interactive, make it output a short notice like this when it starts in an interactive mode: Gnomovision version 69, Copyright © year name of author Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program. Notices 111 You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers)written by James Hacker. signature of Ty Coon, 1 April 1989 Ty Coon, President of ViceThis General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License. "CLASSPATH" EXCEPTION TO THE GPL Certain source files distributed by Sun Microsystems, Inc. are subject to the following clarification and special exception to the GPL, but only where Sun has expressly included in the particular source file's header the words "Sun designates this particular file as subject to the "Classpath" exception as provided by Sun in the LICENSE file that accompanied this code." Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License cover the whole combination. As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version. The following component is subject to the Sun MSV License: ◆ Sun Multi Schema XML Validator Copyright © 1998-2006 Sun Microsystems, Inc. All Rights Reserved. Sun MSV License Copyright © 2001-2003 Sun Microsystems, Inc. All Rights Reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistribution in binary form must reproduct the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of Sun Microsystems, Inc. or the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission. This software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES OR LIABILITIES SUFFERED BY LICENSEE AS A RESULT OF OR RELATING TO USE, MODIFICATION OR DISTRIBUTION OF THE SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, 112 Notices INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge that Software is not designed,licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. The following components are subject to the ASM License: ◆ ASM - 3.1 Copyright © 2000-2007 INRIA, France Telecom. All rights reserved. ◆ ASM - 1.5.3 Copyright © 2000,2002,2003 INRIA, France Telecom. All rights reserved. ASM: a very small and fast Java bytecode manipulation framework Copyright © 2000,2002,2003 INRIA, France Telecom All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following component is subject to the Style Sheet Docbook License: ◆ DocBook - docbook-xsl-saxon - 1.0 Style Sheet Docbook License Copyright Statement Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: Notices 113 The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. Except as contained in this notice, the names of individuals credited with contribution to this software shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the individuals in question. Any stylesheet derived from this Software that is publically distributed will be identified with a different name and the version strings in any derived Software will be changed so that no possibility of confusion between the derived package and this Software will exist. Warranty THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL NORMAN WALSH OR ANY OTHER CONTRIBUTOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following component is subject to the Sun JavaBeans Activation Framework 1.1 License for Redistributable Code: ◆ JavaBeans Activation Framework (JAF) - 1.1 Copyright 1997-2005 Sun Microsystems, Inc. All Rights Reserved. Sun JavaBeans Activation Framework 1.1 License Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE Licensee/Company: Entity receiving Software. Effective Date: Date of delivery of the Software to You. Software: JavaBeans Activation Framework 1.1. License Term: Perpetual (subject to termination under the SLA). Licensed Unit: Software Copy. Licensed unit Count: Unlimited. Permitted Uses: You may reproduce and use the Software for Individual, Commercial, or Research and Instructional Use for the purposes of designing, developing, testing, and running Your applets and application("Programs"). Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software's documentation, You may reproduce and distribute portions of Software identified as a redistributable in the documentation ("Redistributable"), provided that: you distribute Redistributable complete and unmodified and only bundled as part of Your Programs, your Programs add significant and primary functionality to the Redistributable, you distribute Redistributable for the sole purpose of running your Programs, you do not distribute additional software intended to replace any component(s) of the Redistributable, you do not remove or alter any proprietary legends or notices contained in or on the Redistributable. 114 Notices you only distribute the Redistributable subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Redistributable. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE. Definitions. "Entitlement" means the collective set of applicable documents authorized by Sun evidencing your obligation to pay associated fees (if any) for the license, associated Services, and the authorized scope of use of Software under this Agreement. "Licensed Unit" means the unit of measure by which your use of Software and/or Service is licensed, as described in your Entitlement. "Permitted Use" means the licensed Software use(s) authorized in this Agreement as specified in your Entitlement. The Permitted Use for any bundled Sun software not specified in your Entitlement will be evaluation use as provided in Section 3. "Service" means the service(s) that Sun or its delegate will provide, if any, as selected in your Entitlement and as further described in the applicable service listings at www.sun.com/service/servicelist. "Software" means the Sun software described in your Entitlement. Also, certain software may be included for evaluation use under Section 3. "You" and "Your" means the individual or legal entity specified in the Entitlement, or for evaluation purposes, the entity performing the evaluation. License Grant and Entitlement. Subject to the terms of your Entitlement, Sun grants you a nonexclusive, nontransferable limited license to use Software for its Permitted Use for the license term. Your Entitlement will specify (a) Software licensed, (b) the Permitted Use, (c) the license term, and (d) the Licensed Units. Additionally, if your Entitlement includes Services, then it will also specify the (e) Service and (f) service term. Notices 115 If your rights to Software or Services are limited in duration and the date such rights begin is other than the purchase date, your Entitlement will provide that beginning date(s). The Entitlement may be delivered to you in various ways depending on the manner in which you obtain Software and Services, for example, the Entitlement may be provided in your receipt, invoice or your contract with Sun or authorized Sun reseller. It may also be in electronic format if you download Software. Permitted Use. As selected in your Entitlement, one or more of the following Permitted Uses will apply to your use of Software. Unless you have an Entitlement that expressly permits it, you may not use Software for any of the other Permitted Uses. If you don't have an Entitlement, or if your Entitlement doesn't cover additional software delivered to you, then such software is for your Evaluation Use. (a) Evaluation Use. You may evaluate Software internally for a period of 90 days from your first use. (b) Research and Instructional Use. You may use Software internally to design, develop and test, and also to provide instruction on such uses. (c) Individual Use. You may use Software internally for personal, individual use. (d) Commercial Use. You may use Software internally for your own commercial purposes. (e) Service Provider Use. You may make Software functionality accessible (but not by providing Software itself or through outsourcing services) to your end users in an extranet deployment, but not to your affiliated companies or to government agencies. Licensed Units. Your Permitted Use is limited to the number of Licensed Units stated in your Entitlement. If you require additional Licensed Units, you will need additional Entitlement(s). Restrictions. The copies of Software provided to you under this Agreement are licensed, not sold, to you by Sun. Sun reserves all rights not expressly granted. You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. However if the Sun documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the Sun documentation. You may not rent, lease, lend or encumber Software. Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software. The terms and conditions of this Agreement will apply to any Software updates, provided to you at Sun's discretion, that replace and/or supplement the original Software, unless such update contains a separate license. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun. Software is confidential and copyrighted. Unless otherwise specified, if Software is delivered with embedded or bundled software that enables functionality of Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate with any program(s) other than Software. Software may contain programs that perform automated collection of system data and/or automated software updating services. System data collected through such programs may be used by Sun, its subcontractors, and its service delivery partners for the purpose of providing you with remote system services and/or improving Sun's software and systems. Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Sun and its licensors disclaim any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. 116 Notices Term and Termination. The license and service term are set forth in your Entitlement(s). Your rights under this Agreement will terminate immediately without notice from Sun if you materially breach it or take any action in derogation of Sun's and/or its licensors' rights to Software. Sun may terminate this Agreement should any Software become, or in Sun's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination of the Agreement. Java Compatibility and Open Source. Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net. Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products. Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution. Limited Warranty. Sun warrants to you that for a period of 90 days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Some states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state. Disclaimer of Warranty. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you. Notices 117 Export Regulations. All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Integration. This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions. The following component is subject to the Thai Open Source Software Center License: ◆ Jing - 0.2 Copyright © 2001-2003 Thai Open Source Software Center Ltd. All rights reserved. Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. 118 Notices THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following component is subject to the Tigra Menu License: ◆ Tigra Menu 2.0 Tigra Menu License There is no license fee or royalty fee to be paid at any time for using the Tigra Menu v1.x You may include the source code or modified source code within your own projects for either personal or commercial use but excluding the restrictions outlined below. The following restrictions apply to all parts of the component, including all source code, samples and documentation. The above items CAN NOT be sold as are, either individually or together. The above items CAN NOT be modified and then sold as a library component, either individually or together. The following component is subject to the PKWare License - Zip-File-Format License Agreement: . ◆ Zip-File-Format 6.2.0 The features set forth in this Section XIV (the "Strong Encryption Specification") are covered by a pending patent application. Portions of this Strong Encryption technology are available for use at no charge under the following terms and conditions. 1. License Grant. a. NOTICE TO USER. PLEASE READ THIS ENTIRE SECTION XIV OF THE APPNOTE (THE "AGREEMENT") CAREFULLY. BY USING ALL OR ANY PORTION OF THE LICENSED TECHNOLOGY, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THE LICENSED TECHNOLOGY. b. Definitions. i. "Licensed Technology" shall mean that proprietary technology now or hereafter owned or controlled by PKWare, Inc. ("PKWARE") or any subsidiary or affiliate that covers or is necessary to be used to give software the ability to a) extract and decrypt data from zip files encrypted using any methods of data encryption and key processing which are published in this APPNOTE or any prior APPNOTE, as supplemented by any Additional Compatibility Information; and b) encrypt file contents as part of .ZIP file processing using only the Single Password Symmetric Encryption Method as published in this APPNOTE or any prior APPNOTE, as supplemented by any Additional Compatibility Information. For purposes of this AGREEMENT, "Additional Compatibility Information" means, with regard to any method of data encryption and key processing published in this or any prior APPNOTE, any corrections, additions, or clarifications to the information in such APPNOTE that are required in order to give software the ability to successfully extract and decrypt zip files (or, but solely in the case of the Single Password Symmetric Encryption Method, to successfully encrypt zip files) in a manner interoperable with the actual implementation of such method in any PKWARE product that Notices 119 is documented or publicly described by PKWARE as being able to create, or to extract and decrypt, zip files using that method. ii. "Licensed Products" shall mean any products you produce that incorporate the Licensed Technology. c. License to Licensed Technology. PKWARE hereby grants to you a non-exclusive license to use the Licensed Technology for the purpose of manufacturing, offering, selling and using Licensed Products, which license shall extend to permit the practice of all claims in any patent or patent application (collectively, "Patents") now or hereafter owned or controlled by PKWARE in any jurisdiction in the world that are infringed by implementation of the Licensed Technology. You have the right to sublicense rights you receive under the terms of this AGREEMENT for the purpose of allowing sublicensee to manufacture, offer, sell and use products that incorporate all or a portion of any of your Licensed Products, but if you do, you agree to i) impose the same restrictions on any such sublicensee as these terms impose on you and ii) notify the sublicensee, by means chosen by you in your unfettered discretion, including a notice on your web site, of the terms of this AGREEMENT and make available to each sublicensee the full text of this APPNOTE. Further, PKWARE hereby grants to you a non-exclusive right to reproduce and distribute, in any form, copies of this APPNOTE, without modification. Notwithstanding anything to the contrary in this AGREEMENT, you have the right to sublicense the rights, without any of the restrictions described above or elsewhere in this AGREEMENT, to use, offer to sell and sell Licensed Technology as incorporated in executable object code or byte code forms of your Licensed Products. Any sublicense to use the Licensed Technology incorporated in a Licensed Product granted by you shall survive the termination of this AGREEMENT for any reason. PKWARE warrants that this license shall continue to encumber the Licensed Technology regardless of changes in ownership of the Licensed Technology. d. Proprietary Notices. i. With respect to any Licensed Product that is distributed by you either in source code form or in the form of an object code library of externally callable functions that has been designed by you for incorporation into third party products, you agree to include, in the source code, or in the case of an object code library, in accompanying documentation, a notice using the words "patent pending" until a patent is issued to PKWARE covering any portion of the Licensed Technology or PKWARE provides notice, by means chosen by PKWARE in its unfettered discretion, that it no longer has any patent pending covering any portion of the Licensed Technology. With respect to any Licensed Product, upon your becoming aware that at least one patent has been granted covering the Licensed Technology, you agree to include in any revisions made by you to the documentation (or any source code distributed by you) the words "Pat. No.", or "Patent Number" and the patent number or numbers of the applicable patent or patents. PKWARE shall, from time to time, inform you of the patent number or numbers of the patents covering the Licensed Technology, by means chosen by PKWARE in its unfettered discretion, including a notice on its web site. It shall be a violation of the terms of this AGREEMENT for you to sell Licensed Products without complying with the foregoing marking provisions. ii. You acknowledge that the terms of this AGREEMENT do not grant you any license or other right to use any PKWARE trademark in connection with the sale, offering for sale, distribution and delivery of the Licensed Products, or in connection with the advertising, promotion and offering of the Licensed Products. You acknowledge PKWARE's ownership of the PKZIP trademark and all other marks owned by PKWARE. e. Covenant of Compliance and Remedies. To the extent that you have elected to implement portions of the Licensed Technology, you agree to use reasonable diligence to comply with those portions of this Section XIV, as modified or supplemented by Additional Compatibility Information available to you, describing the portions of the Licensed Technology that you have elected to implement. Upon reasonable request by PKWARE, you will provide written notice to PKWARE identifying which version of this APPNOTE you have relied upon for your implementation of any specified Licensed 120 Notices Product. If any substantial non-compliance with the terms of this AGREEMENT is determined to exist, you will make such changes as necessary to bring your Licensed Products into substantial compliance with the terms of this AGREEMENT. If, within sixty days of receipt of notice that a Licensed Product fails to comply with the terms of this AGREEMENT, you fail to make such changes as necessary to bring your Licensed Products into compliance with the terms of this AGREEMENT, PKWARE may terminate your rights under this AGREEMENT. PKWARE does not waive and expressly reserves the right to pursue any and all additional remedies that are or may become available to PKWARE. f. Warranty and Indemnification Regarding Exportation. You realize and acknowledge that, as between yourself and PKWARE, you are fully responsible for compliance with the import and export laws and regulations of any country in or to which you import or export any Licensed Products, and you agree to hold PKWARE harmless from any claim of violation of any such import or export laws. g. Patent Infringement. You agree that you will not bring or threaten to bring any action against PKWARE for infringement of the claims of any patent owned or controlled by you solely as a result of PKWARE's own implementation of the Licensed Technology. As its exclusive remedy for your breach of the foregoing agreement, PKWARE reserves the right to suspend or terminate all rights granted under the terms of this AGREEMENT if you bring or threaten to bring any such action against PKWARE, effective immediately upon delivery of written notice of suspension or termination to you. h. Governing Law. The license granted in this AGREEMENT shall be governed by and construed under the laws of the State of Wisconsin and the United States. i. Revisions and Notice. The license granted in this APPNOTE is irrevocable, except as expressly set forth above. You agree and understand that any changes which PKWARE determines to make to this APPNOTE shall be posted at the same location as the current APPNOTE or at a location which will be identified by means chosen by PKWARE, including a notice on its web site, and shall be available for adoption by you immediately upon such posting, or at such other time as PKWARE shall determine. Any changes to the terms of the license published in a subsequent version of this AGREEMENT shall be binding upon you only with respect to your products that (i) incorporate any Licensed Technology (as defined in the subsequent AGREEMENT) that is not otherwise included in the definition of Licensed Technology under this AGREEMENT, or (ii) that you expressly identify are to be licensed under the subsequent AGREEMENT, which identification shall be by written notice with reference to the APPNOTE (version and release date or other unique identifier) in which the subsequent AGREEMENT is published. PKWARE agrees to identify each change to this APPNOTE by using a unique version and release date identifier or other unique identifier. j. Warranty by PKWARE PKWare, Inc. warrants that it has the right to grant the license hereunder. The following component is subject to the JSR-170 License Amended: ◆ Content Repository for JavaTM technology API - JSR-170 Day Management AG ("Licensor") is willing to license this specification to you ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). Please read the terms and conditions of this Agreement carefully. Content Repository for JavaTM Technology API Specification ("Specification") Version: 1.0 Notices 121 Status: FCS Release: 11 May 2005 Copyright 2005 Day Management AG Barfusserplatz 6, 4001 Basel,Switzerland.All rights reserved. NOTICE; LIMITED LICENSE GRANTS License for Purposes of Evaluation and Developing Applications. Licensor hereby grants you a fully- paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under Licensor's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation. This includes developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specification. License for the Distribution of Compliant Implementations. Licensor also grants you a perpetual, non- exclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or, subject to the provisions of subsection 4 below, patent rights it may have covering the Specification to create and/or distribute an Independent Implementation of the Specification that: fully implements the Specification including all its required interfaces and functionality; does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and passes the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification ("Compliant Implementation"). In addition, the foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose (including, for example, modifying the Specification, other than to the extent of your fair use rights, or distributing the Specification to third parties). Pass-through Conditions. You need not include limitations (a)-(c) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to Independent Implementations (and products derived from them) that satisfy limitations (a)-(c) from the previous paragraph, You may neither: grant or otherwise pass through to your licensees any licenses under Licensor's applicable intellectual property rights; nor authorize your licensees to make any claims concerning their implementation's compliance with the Specification. Reciprocity Concerning Patent Licenses. With respect to any patent claims covered by the license granted under subparagraph 2 above that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non- transferable, worldwide license under Your patent rights that are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation. Definitions. For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Licensor's source code or binary code materials nor, except with an appropriate and separate license from Licensor, includes any of Licensor's source code or binary code materials; "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "javax.jcr" or their equivalents in any subsequent naming convention adopted by Licensor through the Java Community Process, or any recognized successors or replacements thereof; and "Technology Compatibility Kit" or "TCK" shall mean the test suite and accompanying TCK User's Guide provided by Licensor which corresponds to the particular version of the Specification being tested. 122 Notices Termination. This Agreement will terminate immediately without notice from Licensor if you fail to comply with any material provision of or act outside the scope of the licenses granted above. Trademarks. No right, title, or interest in or to any trademarks, service marks, or trade names of Licensor is granted hereunder. Java is a registered trademark of Sun Microsystems, Inc. in the United States and other countries. Disclaimer of Warranties. The Specification is provided "AS IS". LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Specification in any product. The Specification could include technical inaccuracies or typographical errors. Changes are periodically added to the information therein; these changes will be incorporated into new versions of the Specification, if any. Licensor may make improvements and/or changes to the product(s) and/or the program(s) described in the Specification at any time. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Report. If you provide Licensor with any comments or suggestions in connection with your use of the Specification ("Feedback"), you hereby: agree that such Feedback is provided on a non-proprietary and non-confidential basis, and grant Licensor a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof. In addition to the permissions granted under the Specification License, Day Management AG hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, publicly display, publicly perform, sublicense, and distribute unmodified copies of the Content Repository for Java Technology API (JCR 1.0) Java Archive (JAR) file ("jcr-1.0.jar") and to make, have made, use, offer to sell, sell, import, and otherwise transfer said file on its own or as part of a larger work that makes use of the JCR API. With respect to any patent claims covered by this license that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non-transferable, worldwide license under Your patent rights that are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation. The following components are subject to the PCRE 5 License: ◆ Apache HTTP Server - Apache Regex, PCRE 5 ◆ PCRE - 5 Notices 123 PCRE 5 LICENCE PCRE is a library of functions to support regular expressions whose syntax and semantics are as close as possible to those of the Perl 5 language. Release 5 of PCRE is distributed under the terms of the "BSD" licence, as specified below. The documentation for PCRE, supplied in the "doc" directory, is distributed under the same terms as the software itself. Written by: Philip Hazel {[email protected]} University of Cambridge Computing Service, Cambridge, England. Phone: +44 1223 334714. Copyright © 1997-2004 University of Cambridge All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither the name of the University of Cambridge nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. End The following component is subject to the RSA MD4 or MD5 Message-Digest Algorithm License: ◆ Apache-HTTP server-crypto contributor 2.2.10 RSA MD4 or MD5 Message-Digest Algorithm LicenseLicense to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD4 or MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function. License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD4 or MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work. RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind. These notices must be retained in any copies of any part of this documentation and/or software. 124 Notices The following components are subject to the Boost Software License Version 1.0: ◆ Boost 1.38 Copyright © 1993-1994 by Xerox Corporation. All rights reserved. Copyright © 2003 Dr John Maddock Copyright © 2003-2007 Rene Rivera, David Abrahams, Vladimir Prus Copyright Aleksey Gurtovoy 2000-2004 Copyright 2003-2008 Joaquin M Lopez Munoz. Copyright © 1994 Hewlett-Packard Company Copyright 2005 Eric Niebler. Copyright © Aleksey Gurtovoy and David Abrahams, 2002-2004. Copyright © 2001 Ronald Garcia, Indiana University ([email protected]) ◆ Boost C++ Libraries - boost - 1.38 ◆ Boost C++ Libraries - boost-jam - 3.1.17 ◆ Boost C++ Libraries: Boost C++ Libraries - boost - 1.38.0 ◆ boost-images - 3.1.17 Boost Software License - Version 1.0 August 17th, 2003 Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the "Software") to use, reproduce, display, distribute, execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following: The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following component is subject to the Expat License: ◆ Expat XML Parser - expat - 1.95.2 Copyright 2000 Clark Cooper Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper Expat License Copyright © 1998, 1999, 2000 Thai Open Source Software Center Ltd and Clark Cooper Copyright © 2001, 2002, 2003, 2004, 2005, 2006 Expat maintainers. Notices 125 Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following components are subject to the Open LDAP License: ◆ Open LDAP 2.4.11 ◆ openldap - Unicode and Boyer-Moore Searching 0.2 ◆ openldap - Unicode and Regular Expressions 0.5 The OpenLDAP Public License Version 2.8, 17 August 2003 Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met: 1. Redistributions in source form must retain copyright statements and notices, 2. Redistributions in binary form must reproduce applicable copyright statements and notices, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution, and 3. Redistributions must contain a verbatim copy of this document. The OpenLDAP Foundation may revise this license from time to time. Each revision is distinguished by a version number. You may use this Software under terms of this license revision or under the terms of any subsequent revision of the license. THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR OWNER(S) OF THE SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The names of the authors and copyright holders must not be used in advertising or otherwise to promote the sale, use or other dealing in this Software without specific, written prior permission. Title to copyright in this Software shall at all times remain with copyright holders. 126 Notices OpenLDAP is a registered trademark of the OpenLDAP Foundation. Copyright 1999-2003 The OpenLDAP Foundation, Redwood City, California, USA. All Rights Reserved. Permission to copy and distribute verbatim copies of this document is granted. The following component is subject to the Qt Public License (QPL): ◆ spfilter - 0.59 Copyright 1999-2002 Grant McLean Notices 127 6. You may develop application programs, reusable components and other software items that link with the original or modified versions of the Software. These items, when distributed, are subject to the following requirements: a. You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer. b. You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose. c. If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one. Limitations of Liability In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including - but not restricted to - lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise. No Warranty The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Choice of Law This license is governed by the Laws of Norway. Disputes shall be settled by Oslo City Court. NetApp has elected to license the following component under the Ruby License and the following component is subject to the Ruby License: ◆ RDtool Copyright © 1999, 2000 Sascha Schumann. All rights reserved. Ruby is copyrighted free software by Yukihiro Matsumoto . You can redistribute it and/or modify it under either the terms of the GPL (see COPYING.txt file), or the conditions below: 1. You may make and give away verbatim copies of the source form of the software without restriction, provided that you duplicate all of the original copyright notices and associated disclaimers. 2. You may modify your copy of the software in any way, provided that you do at least ONE of the following: a) place your modifications in the Public Domain or otherwise make them Freely Available, such as by posting said modifications to Usenet or an equivalent medium, or by allowing the author to include your modifications in the software. b) use the modified software only within your corporation or organization. c) rename any non-standard executables so the names do not conflict with standard executables, which must also be provided. d) make other distribution arrangements with the author. 3. You may distribute the software in object code or executable form, provided that you do at least ONE of the following: 128 Notices a) distribute the executables and library files of the software, together with instructions (in the manual page or equivalent) on where to get the original distribution. b) accompany the distribution with the machine-readable source of the software. c) give non-standard executables non-standard names, with instructions on where to get the original software distribution. d) make other distribution arrangements with the author. 4. You may modify and include the part of the software into any other software (possibly commercial). But some files in the distribution are not written by the author, so that they are not under this terms. They are gc.c(partly), utils.c(partly), regex.[ch], st.[ch] and some files under the ./missing directory. See each file for the copying condition. 5. The scripts and library files supplied as input to or produced as output from the software do not automatically fall under the copyright of the software, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this software. 6. THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The following component is subject to the Quadraley WebWorks ePublisher End User License: ◆ ePublisher 2009 Generated Files v2009.4 ePublisher End User License Terms Electronic End User License Agreement NOTICE TO END USER: THIS ELECTRONIC END USER LICENSE AGREEMENT ("EEULA") IS A CONTRACT BETWEEN YOU (either as an individual person or a single legal entity, who will be referred to in this EEULA as "You") AND QUADRALAY CORPORATION ("QUADRALAY"). BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EEULA. This EEULA accompanies and upon acceptance becomes a legal agreement related to a Quadralay software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by Quadralay. (The Software and Documentation collectively may be referred to herein as this "package.") This EEULA is a license agreement and not an agreement for sale. Quadralay continues to own the copy of the Software and the physical media contained in this package and any other copy that you are authorized to make pursuant to this Agreement. Unless otherwise agreed in writing by Quadralay, this EEULA applies to any Software or Documentation obtained by you from Quadralay, whether by means of physical media or in electronic form by download. Subject to your payment of the applicable license fees, and further subject to your acceptance of this EEULA, Quadralay grants to you a nonexclusive license to use the Software and Documentation, on the following terms and conditions: 1. Use of the Software. A. You may install the Software in a single location on a hard disk or other storage device of a computer, multiple computers or a server. Notices 129 B. You agree to pay Quadralay the applicable charges for this nonexclusive license as specified in the applicable Quadralay schedule of prices or fees. C. You acknowledge and understand that the fee schedule under this EEULA is scaleable, such that license fees are determined based upon the number of users to whom you give access, as defined in subparagraph 1.D. D. A "user" under this EEULA shall include any one who installs and uses the software. E. This clause removed (9/1/09) F. Business Use. This License is personal to the Licensee. Unless covered under the terms of a separate Agreement with Quadralay, Licensee shall only use the Software for its internal business purposes. Licensee shall not sell, rent, lend, lease, license, sublicense, time share, assign, act as an application service provider or bureau service or otherwise collect fees or grant access to persons outside the Licensee's organization, except as permitted pursuant to Clause 3 (Transfer of Software). G. You may display, modify, reproduce and distribute any visual or text content that is the result of the Software’s publishing operation to the destination where output files are created (but not the Software or Documentation), in whole or in part, that is included with the Software (unless a specific notice indicates to the contrary). Such content may not be used in the production of lewd, obscene or pornographic material. You hereby agree to indemnify, to hold harmless and to defend Quadralay against any claims or lawsuits, including attorney’s fees, that arise from the manner in which you display, modify, reproduce or distribute any such content. H. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. Backup copies must include the copyright, trademark, and other proprietary markings that are found on the original. I. HOME USE. For the Software labeled "ePublisher Express" or "ePublisher Pro", the primary user of the computer on which the Software is installed or used may also install the Software on one home or portable computer for use by him or her in connection with your business, but not for use for or on behalf of third parties or for personal use. J. TRAINING. This software is not to be used for any public or on-site training classes unless authorized in writing. 2. Copyright. The Software is owned by Quadralay and its suppliers, and its structure, organization and code are the valuable trade secrets of Quadralay and its suppliers. The Software is also protected by United States Copyright Law and International Treaty provisions. You may not copy the Software or the Documentation, except as set forth in the "Use of the Software" section. Any whole or partial copies that you are permitted to make pursuant to this EEULA must contain the same copyright and other proprietary notices that appear on or in the Software or Documentation. You agree not to modify, adapt or translate the Software except as may be expressly permitted under the European Directive on the Legal Protection of Computer Programs (14 May 1991) ("the Directive") without possibility of waiver. You also agree not to reverse-engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or reverse-engineer templates, except as may be expressly required to be permitted under the Directive. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software. 3. Transfer. You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that (i) you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity, (ii) you retain no copies, including copies stored on a computer, and (iii) that the receiving party agrees by prior notice in writing to Quadralay to be bound by the terms and conditions of this EEULA. 130 Notices 4. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Upgrades. If this package contains, or, in connection with the acquisition of the Software contained in this package you receive, two or more operating environment versions of the Software (e.g. two or more language translation versions of the Software, the same Software on two or more media [e.g., diskettes and a CD-ROM]), and/or you otherwise receive two or more copies of the Software, all such versions and copies of the Software are subject to this EEULA. You may make one back-up copy, in accordance with the terms of this Agreement, for each version of the Software you use. You may not rent, lease, sublicense, lend or transfer versions or copies of the Software you do not use, or Software contained on any unused media, except as part of the permanent transfer of all Software and Documentation as described above. If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version. 5. Support Services. Quadralay may provide you with support services related to the Software ("Support Services"). The provision and use of any such Support Services will be pursuant to Quadralay policies as described in the Documentation, in "online documentation", or in other Quadralay materials. There may be an additional fee for Support Services. You acknowledge and agree that Quadralay may use technical information you provide related to the Software and/or the Documentation for its business purposes, including for product support and development. 6. Audit. The fee schedule under this EEULA is scaleable, based upon the number of physical installations of the Software. Quadralay shall have the right to audit use of the Software upon its request, no more than once annually, with reasonable notice and during normal business hours. Quadralay shall keep compliance information confidential, except as may be necessary to enforce the license. Such an audit shall be at Quadralay's expense, unless the audit reveals a more than 10% discrepancy between the license fees paid and the license fees due, in which case Licensee shall pay the reasonable expense of the audit. 7. Limited Warranty. Quadralay warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software. To make a warranty claim, you must return the Software to the location where you obtained it, or if you downloaded it, provide affirmation in writing that you have destroyed all copies of the Software and Documentation, along with a copy of your sales receipt within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at Quadralay's option, the replacement of the Software or the refund of the license fee you paid for the Software. QUADRALAY AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR QUADRALAY'S OR SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, QUADRALAY AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. QUADRALAY PROVIDES THE SOFTWARE, DOCUMENTATION AND SUPPORT SERVICES, IF ANY, AS IS AND WITH ALL FAULTS. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties that cannot be excluded are limited to DEFECTS DISCOVERED DURING THE PERIOD OF THE LIMITED WARRANTY (THIRTY (30)] DAYS); AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. Notices 131 8. Limitation of Liability. IN NO EVENT WILL QUADRALAY OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOSS OF DATA, LOSS OF USE, BUSINESS INTERRUPTION, OR LOST SAVINGS, EVEN IF A QUADRALAY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitations may not apply to you. 9. Governing Law and General Provisions. A. Governing Law. This Agreement will be governed by the laws in force in the State of Texas excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. B. Term of Agreement. This EEULA becomes effective when accepted by you or when you act to install, copy, download, access or otherwise use the Software, whichever occurs first; in any such event you agree to be bound by the terms of this EEULA. Unless terminated by Quadralay pursuant to its terms, the EEULA will remain in effect pursuant to its terms as long as you possess, access or otherwise use the Software, the Documentation or any components of either the Software or the Documentation. C. Termination. Without prejudice to any other rights, Quadralay may terminate this EEULA if you fail to comply with the terms and conditions of the EEULA. In event of such termination, upon receipt of written notice of termination, you must immediately destroy all copies of the Software and Documentation and any component parts of such copies. D. Entire Agreement. This Agreement may only be modified in writing signed by an authorized officer of Quadralay. This is the entire agreement between Quadralay and you relating to the Software and the Documentation, and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the Software and the Documentation. To the extent the terms of any Quadralay policies or programs for support services may conflict with the terms of this EEULA, the terms of this EEULA shall control. E. Reservation of Rights. All rights related to the Software and Documentation not expressly granted are reserved by Quadralay. 10. Notice to United States Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer Software" and "Commercial Computer Software Documentation" are being licensed to U.S. Government end users (i) only as "Commercial Items" and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. WebWorks is a trademark of Quadralay Corporation. EEULA/01.15.10/CAM The following component is subject to the JSR-170 License Amended: 132 Notices ◆ Content Repository for JavaTM technology API - JSR-170 1.0 Day Management AG ("Licensor") is willing to license this specification to you ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("Agreement"). Please read the terms and conditions of this Agreement carefully. Content Repository for JavaTM Technology API Specification ("Specification") Version: 1.0 Status: FCS Release: 11 May 2005 Copyright 2005 Day Management AG Barfusserplatz 6, 4001 Basel, Switzerland. All rights reserved. NOTICE; LIMITED LICENSE GRANTS License for Purposes of Evaluation and Developing Applications. Licensor hereby grants you a fully- paid, non-exclusive, non-transferable, worldwide, limited license (without the right to sublicense), under Licensor's applicable intellectual property rights to view, download, use and reproduce the Specification only for the purpose of internal evaluation. This includes developing applications intended to run on an implementation of the Specification provided that such applications do not themselves implement any portion(s) of the Specification. License for the Distribution of Compliant Implementations. Licensor also grants you a perpetual, non- exclusive, non-transferable, worldwide, fully paid-up, royalty free, limited license (without the right to sublicense) under any applicable copyrights or, subject to the provisions of subsection 4 below, patent rights it may have covering the Specification to create and/or distribute an Independent Implementation of the Specification that: fully implements the Specification including all its required interfaces and functionality; does not modify, subset, superset or otherwise extend the Licensor Name Space, or include any public or protected packages, classes, Java interfaces, fields or methods within the Licensor Name Space other than those required/authorized by the Specification or Specifications being implemented; and passes the Technology Compatibility Kit (including satisfying the requirements of the applicable TCK Users Guide) for such Specification ("Compliant Implementation"). In addition, the foregoing license is expressly conditioned on your not acting outside its scope. No license is granted hereunder for any other purpose (including, for example, modifying the Specification, other than to the extent of your fair use rights, or distributing the Specification to third parties). Pass-through Conditions. You need not include limitations (a)-(c) from the previous paragraph or any other particular "pass through" requirements in any license You grant concerning the use of your Independent Implementation or products derived from it. However, except with respect to Independent Implementations (and products derived from them) that satisfy limitations (a)-(c) from the previous paragraph, You may neither: grant or otherwise pass through to your licensees any licenses under Licensor's applicable intellectual property rights; nor authorize your licensees to make any claims concerning their implementation's compliance with the Specification. Reciprocity Concerning Patent Licenses. With respect to any patent claims covered by the license granted under subparagraph 2 above that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non- transferable, worldwide license under Your patent rights that are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation. Definitions. For the purposes of this Agreement: "Independent Implementation" shall mean an implementation of the Specification that neither derives from any of Licensor's source code or binary code materials nor, except with an appropriate and separate license from Licensor, includes any of Notices 133 Licensor's source code or binary code materials; "Licensor Name Space" shall mean the public class or interface declarations whose names begin with "java", "javax", "javax.jcr" or their equivalents in any subsequent naming convention adopted by Licensor through the Java Community Process, or any recognized successors or replacements thereof; and "Technology Compatibility Kit" or "TCK" shall mean the test suite and accompanying TCK User's Guide provided by Licensor which corresponds to the particular version of the Specification being tested. Termination. This Agreement will terminate immediately without notice from Licensor if you fail to comply with any material provision of or act outside the scope of the licenses granted above. Trademarks. No right, title, or interest in or to any trademarks, service marks, or trade names of Licensor is granted hereunder. Java is a registered trademark of Sun Microsystems, Inc. in the United States and other countries. Disclaimer of Warranties. The Specification is provided "AS IS". LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING AS A CONSEQUENCE OF ANY PRACTICE OR IMPLEMENTATION OF THE SPECIFICATION), OR THAT THE CONTENTS OF THE SPECIFICATION ARE SUITABLE FOR ANY PURPOSE. This document does not represent any commitment to release or implement any portion of the Specification in any product. The Specification could include technical inaccuracies or typographical errors. Changes are periodically added to the information therein; these changes will be incorporated into new versions of the Specification, if any. Licensor may make improvements and/or changes to the product(s) and/or the program(s) described in the Specification at any time. Any use of such changes in the Specification will be governed by the then-current license for the applicable version of the Specification. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUE, PROFITS OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO ANY FURNISHING, PRACTICING, MODIFYING OR ANY USE OF THE SPECIFICATION, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Report. If you provide Licensor with any comments or suggestions in connection with your use of the Specification ("Feedback"), you hereby: agree that such Feedback is provided on a non-proprietary and non-confidential basis, and grant Licensor a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose related to the Specification and future versions, implementations, and test suites thereof. In addition to the permissions granted under the Specification License, Day Management AG hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable license to reproduce, publicly display, publicly perform, sublicense, and distribute unmodified copies of the Content Repository for Java Technology API (JCR 1.0) Java Archive (JAR) file ("jcr-1.0.jar") and to make, have made, use, offer to sell, sell, import, and otherwise transfer said file on its own or as part of a larger work that makes use of the JCR API. With respect to any patent claims covered by this license that would be infringed by all technically feasible implementations of the Specification, such license is conditioned upon your offering on fair, reasonable and non-discriminatory terms, to any party seeking it from You, a perpetual, non-exclusive, non-transferable, worldwide license under Your patent rights that are or would be infringed by all technically feasible implementations of the Specification to develop, distribute and use a Compliant Implementation. 134 Notices The following component is subject to the Jtidy License: ◆ JTidy Copyright © 1994-2003 W3C® (MIT, ERCIM, Keio), All Rights Reserved. Java HTML Tidy - JTidy HTML parser and pretty printer Copyright © 1998-2000 World Wide Web Consortium (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. Contributing Author(s): Dave Raggett Notices 135 DOCUMENTATION TO YOU UNDER THESE TERMS AND CONDITIONS. YOUR ACT OF CLICKING ON THE 'ACCEPT' OR 'YES' BUTTON AND/OR ANY USE BY YOU OF THE PRODUCT(S) AND/OR DOCUMENTATION WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE 'DO NOT ACCEPT' OR 'NO' BUTTON, DO NOT PROCEED WITH THE DOWNLOAD (IF APPLICABLE) OR INSTALLATION OF THE PRODUCT(S), AND, IF THE PRODUCT(S) AND DOCUMENTATION HAVE BEEN DELIVERED TO YOU, PROMPTLY RETURN THEM TO DATADIRECT OR THE DISTRIBUTOR OR SUPPLIER FROM WHICH IT WAS ACQUIRED (IF APPLICABLE) FOR A FULL REFUND. THE TERM "PROMPTLY" AS USED HEREIN SHALL MEAN NO LATER THAN SIXTY (60) DAYS FOLLOWING THE DELIVERY OF THE PRODUCT(S) AND DOCUMENTATION TO YOU. 1. Grant and Scope of License. i. Subject to the terms and conditions contained herein, DataDirect grants to you ("User") a non- exclusive, non-transferable, limited license to use the computer program(s) (individually referred to herein as "Product" or collectively as "Products") for which valid license keys have been issued by DataDirect or its licensors or expressly identified in an order letter, license certificate or other document in written or electronic form provided by DataDirect or its licensors (an "Order Letter") and related manuals in written or electronic form ("Documentation"). User's use of the Products shall be limited to internal use and all such use shall be in accordance with the provisions and limitations set forth in Exhibit A to this Agreement and the Order Letter. The Products may include code to verify that User has not exceeded the license keys issued by DataDirect (the "Runtime License Checker") and in the event that the Runtime License Checker determines that User has exceeded its license the Products may cease to operate. DataDirect reserves all rights not expressly granted to User in this Agreement. ii. User may not transfer, sell, assign or otherwise convey this Agreement or the Products, by operation of law or otherwise, to any other party. User may not sell, rent, license, or grant sublicenses, leases, or other rights in the Products to others or otherwise allow the Products to be accessed by another party. User shall have no right to use the Products to provide time sharing services or act as or operate a service bureau or provide subscription or hosting services for others, nor to use the Products in or with any software application that is made available on a time sharing, service bureau, subscription or hosting basis. User may not use the Products to develop, test, support or market products that are competitive with and/or provide similar functionality to the Products. This Agreement automatically terminates if User novates, assigns, sells, rents, licenses, grants, sublicenses, leases or otherwise transfers possession of any copy of the Products or Product Updates to another party or purports to do the same. iii. For purposes of this Agreement a "Product Update" shall mean any update, patch, version and/or new release of or to the Product that DataDirect furnishes generally to its customers who are on support in accordance with DataDirect's then current support policies and fee requirements. A Product Update replaces part or all of a Product or Product Update previously licensed to User and shall terminate such previously licensed Product or Product Update to the extent replaced by the Product Update. Product Updates shall be subject to the terms and conditions of the license agreement accompanying the Product Update. iv. User agrees to pay the applicable end user license fees, as well as any applicable transportation charges and any value-added taxes or other applicable taxes, tariffs or withholding taxes which the relevant authorities require to pay, within thirty (30) days of date of invoice. 136 Notices v. The term of this Agreement and User's license hereunder shall be perpetual (unless otherwise specified), subject to termination in accordance with the provisions of Section 2.2 below. The License Model (as defined in Exhibit A) shall be in accordance with the terms of the Order Letter or the license key issued for the product. 2. DataDirect's Rights i. The Products are proprietary products of DataDirect or its licensors (if any), and are protected by intellectual property law. By virtue of this Agreement, User acquires only the non-exclusive right to use the Products and does not acquire any rights of ownership or other right in the Products, Documentation or the media upon which they are embodied. DataDirect or its licensors (if any) shall at all times retain all right, title, and interest in the Products, Documentation and media. Except as otherwise expressly provided for in this Agreement, User acquires no rights of any kind in or to any trade name, logo, or trademark of DataDirect or DataDirect's affiliated companies or licensors, or any product designation under which the Products were or are marketed and shall not make use of the same for any reason except as expressly authorized by this Agreement or otherwise authorized in writing by DataDirect. ii. DataDirect may terminate this Agreement by written notice if User materially defaults in the performance of any provision of this Agreement and fails to cure such default to the satisfaction of DataDirect within thirty (30) calendar days after receipt of notice of the default from DataDirect. This remedy shall not be exclusive and shall be in addition to any other remedies which DataDirect may have under this Agreement or otherwise. Within five (5) days after termination of this Agreement for any reason or expiration of the term of this Agreement (if applicable), User will return to DataDirect or destroy all copies of the Products and certify in writing to such return or destruction of all copies of the Products. 3. Non-Disclosure; Copies; Alterations. User acknowledges that the Products are the valuable proprietary and trade secret information of DataDirect or its licensors (if any). User shall (i) limit use and disclosure of the Products to its employees and to its consultants who agree to be bound by the terms of this Agreement; (ii) not provide or disclose any of the Products to any other party without the prior written consent of DataDirect; and (iii) take all reasonable precautions to maintain the confidentiality of the Products. User agrees, under penalty of license termination but not exclusive of any other remedies, not to cause or permit the reverse engineering, modification, decryption, extraction, disassembly, copying, or decompilation of the Product(s) (except as permitted by applicable law). User may copy the Product(s) only for archival purposes. User may copy the Documentation (in electronic format) solely for the purpose of facilitating User's use of the Product(s) in accordance with, and subject to, the terms and conditions of this Agreement. User may not copy nor allow others to copy the Products or any Product Update, or any portion thereof, for any purpose other than expressly set forth herein. User agrees not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Products and may not disclose any information regarding any benchmark or similar tests of the Product to any third party. 4. Limited Warranty and Disclaimers. DataDirect warrants that for a period of thirty (30) days from User's purchase of the license to use the Products ("Warranty Period"), that the Product media will not be defective and that the copy of the Product delivered to you conforms in all material respects to the Documentation. As the sole and exclusive remedy for defective media, DataDirect will repair or replace free of charge such defective media during the Warranty Period provided such defective media is returned to DataDirect or its supplier within the Warranty Period. As the sole and exclusive remedy for any failure of the Product to materially conform to the Documentation, DataDirect shall repair, replace, or correct the Product if such failure is reported during the Warranty Period or, if DataDirect, at its discretion, reasonably determines that such remedy is not economically or technically feasible, this Agreement, and User's license hereunder, will terminate and DataDirect or its supplier (as applicable) shall provide a full refund of the license fee paid with respect to the particular Product. This Notices 137 warranty does not cover defects due to accident, abuse, service or modification by User or any third party, or any other cause occurring after initial delivery of the Product to User. This warranty is made solely by DataDirect and not its third-party suppliers, as applicable. DataDirect warrants that it has the right to license the Products. DataDirect will defend User against any claim based on an allegation that a Product infringes a U.S. patent or copyright, but only if DataDirect is notified promptly in writing of such claim and is given sole control of the defense thereof and all settlement negotiations relating thereto. Notwithstanding the foregoing, DataDirect shall not be liable to User for any claim arising from or based upon the alteration or modification of any of the Products. THE LIMITED WARRANTY SPECIFIED IN THIS SECTION 4 SETS FORTH THE ENTIRE WARRANTIES AND REPRESENTATIONS PROVIDED BY DATADIRECT TO USER WITH RESPECT TO THE PRODUCTS. SUCH LIMITED WARRANTY IS PROVIDED SOLELY BY DATADIRECT AND NOT DATADIRECT'S LICENSORS. EXCEPT FOR THE LIMITED WARRANTY PROVIDED SOLELY BY DATADIRECT TO USER PURSUANT TO THIS SECTION 4, NEITHER DATADIRECT NOR ITS LICENSORS, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, MAKE ANY EXPRESS WARRANTIES OR REPRESENTATIONS RELATING TO THE PRODUCTS OR ANY SERVICES RELATED THERETO, AND FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PRODUCTS AND ANY SERVICES RELATED THERETO. Without limiting the scope of the disclaimers set forth herein, DataDirect, for example, does not warrant that errors cannot arise during the use of the Product(s). Further, the Product(s) are not fault tolerant and are not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance (including, without limitation, the design, construction, operation or maintenance of any nuclear facility; direct life support machines; weapon systems; or control of aircraft, air traffic, aircraft navigation or aircraft communications), in which the failure of the Product(s) could lead directly or indirectly to death, personal injury or severe physical or environmental damage. Without limiting the scope of the disclaimers set forth herein, DataDirect for itself and on behalf of its licensors and their respective suppliers, disclaims any express or implied warranty of fitness for any such high risk uses. THE LIMITED WARRANTY SPECIFIED IN THIS SECTION 4 GIVES THE USER SPECIFIC LEGAL RIGHTS, AND MAY ALSO IMPLY OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. 5. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF DATADIRECT, IF ANY, FOR DAMAGES RELATING TO ANY PRODUCTS AND/OR SERVICES SHALL BE LIMITED TO THE ACTUAL AMOUNTS PAID BY USER FOR SUCH PRODUCTS AND/OR SERVICES. DATADIRECT'S LICENSORS AND THEIR SUPPLIERS SHALL HAVE NO LIABILITY TO USER FOR ANY DAMAGES SUFFERED BY USER OR ANY THIRD PARTY AS A RESULT OF USING THE PRODUCTS, OR ANY PORTION THEREOF, OR AS A RESULT OF ANY SERVICES RELATING THERETO. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL DATADIRECT, ITS LICENSORS, OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, OR ANY PORTION THEREOF, OR ANY SERVICES, EVEN IF DATADIRECT, ITS LICENSORS AND/OR ANY OF THEIR RESPECTIVE SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT 138 Notices ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. EACH EXCLUSION OF LIMITATION IS INTENDED TO BE SEPARATE AND THEREFORE SEVERABLE EXCLUSION. 6. Export Regulations. The Products, including technical data, are subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User shall not directly or indirectly export or re-export the Products, or the direct product thereof, without first obtaining DataDirect's written approval. User agrees to comply strictly with all regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export or import the Products. The Products may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, Taliban and areas of Afghanistan controlled by the Taliban, or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders as amended from time to time. 7. U.S. Government Restricted Rights. If the Products are being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the U.S. Government's rights in the Products will be only as set forth herein. Each such Product is a "commercial component," as this term is defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "computer software documentation," as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), respectively, and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Product only with those rights set forth in the license agreement accompanying the Product. Contractor/manufacturer is DataDirect Technologies, an operating company of Progress Software Corporation, 14 Oak Park, Bedford, MA 01730. Unpublished -- all rights reserved under the copyright laws of the United States. 8. Records Inspection and Auditing of Usage. User shall maintain books and records in connection with User's actions under this Agreement. Such records shall include at a minimum the number of licenses purchased and being used by User. Upon the request of DataDirect, User agrees to provide a declaration signed by an authorized representative certifying as to the actual number of units (for example users, servers, CPUs per server, connections, or operating systems, as applicable and as defined in Exhibit A) of the Product(s) currently in use by User. DataDirect may, at its expense: (a) have DataDirect or a third party audit the records of User to ensure compliance with the terms of this Agreement, (b) bundle, install, enable and utilize automated license tracking, management, and/or enforcement solutions with the Products, which User may not disrupt nor alter, © require User to demonstrate the accuracy of the records referenced herein, (d) visit the premises of User and inspect User's use of the Product(s) and (e) evaluate User's network monitoring software or monitoring capabilities to confirm that it adequately protects against User's breach of the provisions of this Agreement and the license granted hereunder. All audits shall be conducted during regular business hours at User's offices and shall not interfere unreasonably with User's activities. If any audit reveals that User has underpaid license and/or support fees to DataDirect, User shall be invoiced for such underpaid license and/or support fees based on DataDirect's list price in effect at the time the audit is conducted. If the underpaid license and/or support fees are in excess of five percent (5%) of the license fees previously paid by User, then User shall pay DataDirect's reasonable costs of conducting the audit and enforcement of this Agreement. 9. Support. If DataDirect offers support and User orders and pays for such support, it shall be provided in accordance with DataDirect's then current technical support policies. Notices 139 10. Miscellaneous. THIS AGREEMENT, INCLUDING ANY EXHIBITS, SCHEDULES, AND/OR ORDER LETTERS EXPRESSLY REFERENCED HEREIN, CONSTITUTES THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS AND, EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS SECTION 10, SUPERCEDES ANY OTHER AGREEMENT, COMMUNICATION OR ADVERTISING, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS. To the extent there are any terms and conditions contained in User's purchase order or other documentation supplied by User ("User Documents"), the terms and conditions contained in the User Documents shall be deemed to be stricken and the terms and conditions of this Agreement shall govern. In the event of a conflict between the provisions of this Agreement and the specific provisions set forth in an Order Letter, the provisions of the Order Letter shall control. This Agreement has been drawn up in English at the express wish of the parties. Le présent contrat a été rédigé en anglais à la demande expresse des parties. Except as otherwise expressly set forth herein, this Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles, and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal, national or state laws or regulations. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. If the Products are acquired outside the United States and local law is required, such local law shall apply. If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed as necessary to eliminate its unenforceability, and all other provisions shall remain unaffected. DataDirect's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision. EXHIBIT A License Model Depending on the Products licensed in the Order Letter, the license grant listed in Section 1 is subject to the following descriptions and use restrictions: a. Authorized User Basis. If the Product is licensed on an Authorized User basis, the Product may be used on a single computing machine which may be accessed by the number of Authorized Users specified in the Order Letter. An Authorized User is a single individual who has been designated to use the Product. In no event shall the number of persons authorized to have access to the Product exceed the number of Authorized Users identified in the Order Letter. The right to use the Product is not based on concurrent users, but instead on an actual "Authorized User" basis. User must, upon request by DataDirect, identify each Authorized User who will have access to the Product and provide that information to DataDirect. b. Workstation Basis. If the Product is licensed on a Workstation basis, each Workstation using or accessing the Product must be licensed. A license must be purchased for each Workstation using or accessing the Product. A "Workstation" shall be defined as a computer that is operated, either attended or via remote access, by one person at a time, and cannot be used by more than one person, directly or indirectly, simultaneously. In no event shall the number of workstations utilizing or accessing the Product exceed the number of Workstations identified in the Order Letter. c. Server Basis. If the Product is licensed on a Server basis, then a license fee must be paid for the maximum number of processors ("CPUs") utilized by the Server whether or not such access is simultaneous or consecutive. Servers utilizing dual core processing (or multiple core processing) or other multi-processor technology shall have each core processor count as one (1) CPU. The Product may only be used by server-based applications running on that server accessed by other computers and may not be installed via file sharing on a local area network file system. A "Server" shall be defined as a logical computer with one or more CPUs on which the Product resides, along with the applications utilizing the Product, and which can be accessed by other computers. The term "Server" includes, but is not limited to, web servers, batch servers and application servers. 140 Notices d. Evaluation Basis. If the Product is licensed on an Evaluation basis, then it is licensed on a Workstation basis or a Server basis for fifteen (15) days from download or receipt (as the case may be) unless a different term is listed in an Order Letter, subject to the additional restriction that it be used solely for evaluation of software applications and not in conjunction with the development or deployment of such software applications in production. NOTWITHSTANDING THE PROVISIONS OF SECTION 4 OF THE AGREEMENT, USER UNDERSTANDS AND ACKNOWLEDGES THAT (i) PRODUCT LICENSED ON AN EVALUATION BASIS IS PROVIDED "AS-IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USAGE AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT AND (ii) THE EVALUATION VERSION OF THE PRODUCT CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE EVALUATION VERSION AT THE END OF THE EVALUATION PERIOD. Pursuant to Section 2.2 of the Agreement, User acknowledges and agrees that within five (5) days after expiration of the term of the evaluation period or earlier termination, as the case may be, User will return to DataDirect or destroy all copies of the Products and certify in writing to such return or destruction of all copies of the Products. User further acknowledges and agrees that the evaluation period may not be extended by uninstalling and re-installing the Product or by any other means other than DataDirect's written consent. e. Developer Basis. If the Product is licensed on a Developer basis, then it is licensed on an Authorized User basis or on a Server basis, as indicated in the Order Letter, subject to the additional restriction that it be used only by developers on development machines for the purpose of developing new applications. Use of the Developer Product to run applications in a production environment or to embed the Developer Product in a User product is expressly prohibited. A separate license must be obtained from DataDirect to run the Product in a production environment or to embed the Product in a User product. Notwithstanding anything to the contrary in DataDirect's SupportLink Terms and Conditions, support for Developer Product is limited to telephone and web-based support solely with problems associated with the initial development of the application. Support shall not be provided with respect to questions and/or problems regarding production environments, run-time issues or troubleshooting for applications that have been previously developed. f. Test Basis. If the Product is licensed on a Test basis, then it is licensed on an Authorized User basis or on a Server basis, as indicated in the Order Letter, subject to the additional restriction that it be used solely for internal quality assurance testing purposes, and may not be deployed in a production environment. Use of the Test Product to run applications in a production environment or to embed the Test Product in a User product is expressly prohibited. A separate license must be obtained from DataDirect to run the Product in a production environment or to embed the Product in a User product. g. Connection Basis (for DataDirect Connect for ODBC only). If the Product is licensed on a Connection basis, then a license fee must be paid for both the maximum number of simultaneous Connections utilized by the Server and the maximum number of processors ("CPUs") utilized by the Server whether or not such access is simultaneous or consecutive. A "Connection" shall be defined as the driver state after a successful call to SQLConnect, SQLDriverConnect, or SQLBrowseConnect and before termination of this state, normally through a successful call to SQLDisconnect. Servers utilizing dual core processing (or multiple core processing) or other multi-processor technology shall have each core processor count as one (1) CPU. The Product may only be used by Server-based applications running on that Server accessed by other computers and may not be installed via file sharing on a local area network file system. A "Server" shall be defined as specified in Section (c) above. h. Connection Basis (for DataDirect Connect for JDBC only). If the Product is licensed on a Connection basis, then a license fee must be paid for both the maximum number of simultaneous Connections utilized by the Server and the maximum number of processors ("CPUs") utilized by the Server whether or not such access is simultaneous or consecutive. A "Connection" shall be defined as Notices 141 the driver state after a successful call to the DriverManager.getConnection method or the driver's Driver.connect, DataSource.getConnection ConnectionPoolDataSource.getPooledConnection, XADataSource.getXAConnection, or ManagedConnectionFactory.createManagedConnection methods and before termination of this state, normally through a successful call to the driver's Connection.close, PooledConnection.close or ManagedConnection.destroy methods. Servers utilizing dual core processing (or multiple core processing) or other multi-processor technology shall have each core processor count as one (1) CPU. The Product may only be used by Server-based applications running on that Server accessed by other computers and may not be installed via file sharing on a local area network file system. A "Server" shall be defined as specified in Section (c) above. i. Connection Basis (for DataDirect Connect for ADO.NET only). If the Product is licensed on a Connection basis, then a license fee must be paid for both the maximum number of simultaneous Connections utilized by the Server and the maximum number of processors ("CPUs") utilized by the Server whether or not such access is simultaneous or consecutive. A "Connection" shall be defined as the provider state after a successful call to the Open method in the System.Data.Common.DbConnection class or the DDTek.DB2.DB2Connection class or the DDTek.Oracle.OracleConnection class or the DDTek.SQLServer.SQLServerConnection class or the DDTek.Sybase.SybaseConnection class and before termination of this state, normally through a successful call to the Close method in the System.Data.Common.DbConnection class or the DDTek.DB2.DB2Connection class or the DDTek.Oracle.OracleConnection class or the DDTek.SQLServer.SQLServerConnection class or the DDTek.Sybase.SybaseConnection class. Servers utilizing dual core processing (or multiple core processing) or other multi-processor technology shall have each core processor count as one (1) CPU. The Product may only be used by Server-based applications running on that Server accessed by other computers and may not be installed via file sharing on a local area network file system. A "Server" shall be defined as specified in Section (c) above. j. MVS or OS/390 Operating System Image Basis. If the Product is licensed to User on an MVS or OS/390 Operating System Image basis, then a license fee must be paid for the number of MVS or OS/390 Operating System Images where the Product is installed. User shall identify the number of MVS or OS/390 Operating System Images where the Product is installed and provide the information to DataDirect. k. Additional Use Parameters. 1. Application Specific. If the Order Letter lists a specific application authorized for use with the Product, or if User obtained a Product in conjunction with a software application provided by a third party, the Product is licensed for use only with such application. Use with any other application/product is strictly prohibited. 2. Term. If the Order Letter specifies that User's license to the Products is for a term ("Term"), then the term of this Agreement and User's license to the Products hereunder shall expire on the expiration date stated in the Order Letter, unless sooner terminated in accordance with Section 1.6 of the Agreement. Upon completion of the Term, User shall return all Products licensed under the Order Letter and associated documentation and related information (including all copies) to DataDirect, or certify its destruction in a writing delivered to DataDirect. All license rights in and to the Products under the terms of the Agreement shall terminate at the end of the Term. 3. Operating Systems or Platforms. If the Order Letter specifies that User's license to the Products is limited to a specific Operating System ("OS") or Platform, then the Product is licensed with the additional restriction that it be used solely in conjunction with the specified OS or Platform. Use with any other OS or Platform is strictly prohibited. If the Order Letter specifies that User's license to the 142 Notices Products is limited to a specific Operating System ("OS") or Platform, then the Product is licensed with the additional restriction that it be used solely in conjunction with the specified OS or Platform. Use with any other OS or Platform is strictly prohibited. 4. Disaster Recovery. If the Order Letter specifies that User's license to the Products is restricted to use for disaster recovery, then the Product is licensed for use for the sole purposes of application recovery in the event a system fails or crashes or the application or database files become corrupt. 5. DataDirect Connect for ODBC, DataDirect SequeLink for ODBC, DataDirect OpenAccess for ODBC for Salesforce datasource, DataDirect OpenAccess for ODBC for Wonderware datasource and DataDirect OpenAccess for ODBC for Intellution FIX and Dynamics datasources. If the Product licensed to User is DataDirect Connect for ODBC, DataDirect SequeLink for ODBC, DataDirect OpenAccess for ODBC for Salesforce datasource, DataDirect OpenAccess for ODBC for Wonderware datasource or DataDirect OpenAccess for ODBC for Intellution FIX and Dynamics datasources (each the "Licensed Product"), the following additional requirements shall apply: DataDirect has licensed, and has rights to sub-license certain third party software that is part of the ODBC SDK components and which is usable for certain non-Windows platforms – Mac OS, OS/2, HP-UX, AIX, Linux, Solaris, and other non-Windows operating systems. This section sets forth the conditions that govern User's permitted use of the various non-windows SDK components: User is not licensed to use the ODBC Core Components (hereinafter defined) other than with the Licensed Product. Use of the ODBC Core Components with any ODBC drivers other than the Licensed Product is expressly prohibited. User may not embed in any products, or otherwise sub-license the ODBC Core Components, without a separate license agreement. For the purposes hereof, the term "ODBC Core Components" shall mean the ODBC Driver Manager and support files for non-Windows operating systems. A separate license must be obtained from DataDirect if User wants to embed and sub-license the ODBC Header Files (hereinafter defined) with any software product. For the purposes hereof, the term "ODBC Header Files" shall mean the text files for compilation and development of software. 6. DataDirect Connect for JDBC or DataDirect SequeLink for JDBC. If the Product licensed to User is DataDirect Connect for JDBC or DataDirect SequeLink for JDBC the following third-party specific requirements from Sun Microsystems Inc. shall apply: User may not modify the Java™ Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that User creates an additional class and associated API(s) which (i) extends the functionality of the Java Platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, User must promptly publish broadly an accurate specification for such API for free use by all developers. User may not create, or authorize User's licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. 7. Products licensed for the Microsoft SQL Server database. If the Product licensed to User is licensed for the Microsoft SQL Server database the following shall apply: The Product contains a licensed implementation of the Microsoft TDS Protocol. User may only use the Product to communicate data to and from Microsoft SQL Servers. Additionally, User must separately obtain a license from Microsoft or its channel partners for any Microsoft software products used by User. 8. DataDirect XQuery®. If the Product licensed to User is DataDirect XQuery® the following requirements shall apply: i. DataDirect XQuery includes the jsr173_1.0_api.jar which is subject to the additional terms and conditions: (i) DataDirect's licensors make no warranties or conditions with respect to the jsr173_1.0_api.jar, express or implied, including warranties or conditions of title and non- infringement, and implied warranties or conditions of merchantability and fitness for a particular Notices 143 purpose; (ii) DataDirect disclaims on behalf of its licensors all damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; (iii) any provisions in this Agreement which differ from the Streaming API for XML (JSR-173) Specification Reference Implementation License Agreement (a copy of which is included with the Product in a text file) are offered by DataDirect alone and not by any other party; and (iv) the source code for the jsr173_1.0_api.jar is available at http://jcp.org/aboutJava/communityprocess/final/jsr173/index.html. ii. DataDirect XQuery includes DataDirect Connect for JDBC which is subject to the requirement in Section 6 of these Additional Use Parameters above. 9. DataDirect XML Converters. If the Product licensed to User is DataDirect XML Converters the following requirements shall apply: 10. The following shall apply in lieu of the last sentence in Section 1.1 of the Agreement: the Product may contain programs that perform automated collection of system data and transmit said data to equipment owned or under the control of DataDirect in order to verify that (i) User is entitled to use Product, and/or (ii) User has not exceeded the license keys issued by DataDirect (the "Runtime License Checker") and in the event that the Runtime License Checker determines that User has exceeded its license or is not entitled to use the Product, the Products may cease to operate. 11. DataDirect XML Converters include JAVAMAIL and is subject to additional terms and conditions. User may not may not create, modify, or change the behavior of, or authorize User's licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. 12. DataDirect XML Converters include JAVABEANS and is subject to additional terms and conditions. User may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that User creates an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, User must promptly publish broadly an accurate specification for such API for free use by all developers. User may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation. l. Stylus Studio Products. If the Product licensed to User is a Stylus Studio product the following requirements shall apply: m. If the Product is Stylus Studio, Stylus Studio XML Enterprise Suite, or Stylus Studio XML Professional Suite then the Product is licensed on a named user basis meaning specific individuals are authorized to access the Product and the total number of named users may not exceed the total number licensed by User. Stylus Studio, Stylus Studio XML Enterprise Suite and Stylus Studio XML Professional Suite are subject to the additional restriction that it may be used by User solely for development and testing of software applications, and not in conjunction with the deployment of such software applications. If Product is Stylus Studio XML Enterprise Suite, User may deploy the Stylus Studio File System and DataDirect XML Converters libraries to a single test server for the sole purpose of testing software applications developed with the Stylus Studio XML Enterprise Suite. n. If the Product is Stylus Studio XML Home Edition, then the Product is licensed on a single named user basis for personal use only. The Stylus Studio XML Home Edition is subject to the additional restriction that it not be used in conjunction with any commercial or for-profit transactions. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 4 OF THE AGREEMENT, AND EXCEPT AS PROHIBITED BY APPLICABLE LAW, STYLUS STUDIO XML HOME EDITION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 144 Notices DATADIRECT MAKES NO WARRANTIES WITH RESPECT TO THE STYLUS STUDIO XML HOME EDITION, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. User shall have the sole responsibility for adequate protection and back-up of all data use in connection with the product. o. Notwithstanding anything to the contrary in Section (d) of Exhibit A, if the Product is an evaluation version of Stylus Studio, then the Product is licensed on a single named user basis and is subject to the additional restriction that it be used by User solely for evaluation of software applications, and not in conjunction with the development or deployment of such software applications. User must purchase a license for Stylus Studio for the development and testing of software applications. Evaluation includes the use of Products in performance benchmarking. DataDirect updates the Product regularly and benchmarking data for the Product is subject to change. Benchmark tests on prior versions of the Product may yield results that are not reflective of the performance of the current version of the Product. The most current version of the Product is available at www.stylusstudio.com. USER UNDERSTANDS AND ACKNOWLEDGES THAT THE EVALUATION VERSION OF STYLUS STUDIO CONTAINS A DISABLING DEVICE THAT WILL AUTOMATICALLY DISABLE THE PRODUCT SEVEN (7) DAYS FROM INSTALLATION. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN SECTION 4 OF THE AGREEMENT, EVALUATION VERSION OF STYLUS STUDIO IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DATADIRECT MAKES NO WARRANTIES WITH RESPECT TO THE EVALUATION VERSION OF STYLUS STUDIO, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE OR NONINFRINGEMENT. p. If User ordered or obtained the Product license from a third party authorized by DataDirect to resell the Product in conjunction with such third party's software product(s) ("Third Party Reseller"), then, in addition to the terms and conditions of this Agreement, User's use of the Product may be subject to additional scope of license terms and conditions (if any) specified by the Third Party Reseller, including, without limitation, a restriction that User limit its use of the Product to use solely in conjunction with the Third Party Reseller's software product(s) licensed by the Third Party Reseller to User. To the extent that any additional scope of license terms and conditions communicated by the Third Party Reseller to User are in direct conflict with the scope of license specified herein, then the scope of license terms and conditions specified by the Third Party Reseller shall apply. Otherwise the terms and conditions of this Agreement shall govern. In no event does DataDirect make any representations or warranties, express, implied or arising by custom or trade usage, regarding the Third Party Reseller's software products and assumes no liability or responsibility with regard to said software products. q. If the Product is Stylus Studio XML Enterprise Suite, the following requirements shall apply: 1. Stylus Studio XML Enterprise Suite includes DataDirect XML Converters which are subject to the requirement in Section 9 of these Additional Use Parameters above. 2. Stylus Studio XML Enterprise Suite includes DataDirect XQuery which is subject to the requirements set forth in Section 8 of these Additional Use Parameters above. r. The Product may contain programs that perform automated collection of system data and transmit said data to equipment owned or under the control of DataDirect in order to (i) register the User's activation of the Product, (ii) perform automated updating services for the Product, and/or (iii) validate whether User is entitled to use the Product. System data collected through such programs may be used by DataDirect for the purpose of providing User with remote system services and/or for the purpose of enforcing the terms and conditions of this Agreement. Notices 145 s. Notwithstanding anything to the contrary in Section 9 of the Agreement, support for Stylus Studio products is only available online via the Stylus Studio Developer Network (SSDN). EULA Revised 05/15/2007 The following component is subject to the JRE 6u13 Third Party Licenses: ◆ JRE 6u13 Third Party Content 6u6 Copyright © 1999 by CoolServlets.com. All rights reserved. Copyright © 1999-2000 The Apache Software Foundation. Copyright © 1999-2000 Nullsoft, Inc. Portions Copyright © Eastman Kodak Company 1992. Copyright © 2002 Graz University of Technology. Copyright © 1994-2002 World Wide Web Consortium, (Massachusetts Institute ofTechnology, Institut National de Recherche en Informatique et en Automatique,Keio University). http://www.w3.org/Consortium/Legal/ Copyright © 1999-2003 Brian Paul. Copyright ©1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian. Copyright © 1996-2003 by Elliot Joel Berk and C. Scott Ananian . Copyright  © 1995-2003 The Cryptix Foundation Limited. Copyright 2001-2005© MetaStuff, Ltd. Copyright © February 2004, Toby Reyelts. Copyright © 2003 Kohsuke Kawaguchi Copyright ©2002,2003, Andy Clark. Copyright © 2001-2003 Thai Open Source Software Center Ltd. Copyright © 2000-2003 Daisuke Okajima and Kohsuke Kawaguchi. Copyright © 1990-2003 Info-ZIP. Copyright © 1995-1998 Jean-loup Gailly and Mark Adler. Copyright © 1997-2000 Netscape Communications Corporation. Copyright © 2001, Dr Brian Gladman. UPX is Copyright ©1996-2000 Markus Franz Xaver Johannes Oberhumer , UPX is Copyright © 1996-2000 Laszlo Molnar, UCL is Copyright © 1996-2000 Markus Franz Xaver Johannes Oberhumer. JRE 6u6 Third Party Licenses: DO NOT TRANSLATE OR LOCALIZE. The following software may be included in this product: CS CodeViewer v1.0; Use of any of this software is governed by the terms of the license below: Copyright 1999 by CoolServlets.com. 146 Notices Any errors or suggested improvements to this class can be reported as instructed on CoolServlets.com. We hope you enjoy this program... your comments will encourage further development! This software is distributed under the terms of the BSD License. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Neither name of CoolServlets.com nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY COOLSERVLETS.COM AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING INANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE." The following software may be included in this product: Crimson v1.1.1 ; Use of any of this software is governed by the terms of the license below: The Apache Software License, Version 1.1 Copyright © 1999-2000 The Apache Software Foundation. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3 The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Crimson" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. Notices 147 THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AN ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright © 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation,please see 148 Notices "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owneror by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross- claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and Notices 149 do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use,reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer,and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. 150 Notices To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS,WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. 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 below: Copyright ©1999-2000 Nullsoft, Inc. This software is provided “as-is”, without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Justin Frankel [email protected]" Some Portions licensed from IBM are available at: http://www.ibm.com/software/globalization/icu/ Portions Copyright Eastman Kodak Company 1992 Lucida is a registered trademark or trademark of Bigelow & Holmes in the U.S. and other countries. Portions licensed from Taligent, Inc. The following software may be included in this product:IAIK PKCS Wrapper; Use of any of this software is governed by the terms of the license below: Copyright © 2002 Graz University of Technology. Redistribution and use in source and binary forms, with or without modification,are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Notices 151 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by IAIK of Graz University of Technology." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Graz University of Technology" and "IAIK of Graz University of Technology" must not be used to endorse or promote products derived from this software without prior written permission. 5. Products derived from this software may not be called "IAIK PKCS Wrapper", nor may "IAIK" appear in their name, without prior written permission of Graz University of Technology. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following software may be included in this product: Document Object Model (DOM) v. Level 3; Use of any of this software is governed by the terms of the license below: W3C SOFTWARE NOTICE AND LICENSE http://www.w3.org/Consortium/Legal/2002/copyright-software-20021231 This work (and included software, documentation such as READMEs, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions. Permission to copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications: 1. The full text of this NOTICE in a location viewable to users of the redistributed or derivative work. 2. Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the W3C Software Short Notice should be included (hypertext is preferred, text is permitted) within the body of any redistributed or derivative code. 3.Notice of any changes or modifications to the files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.) THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKENO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS 152 Notices FOR ANY PARTICULAR PURPOSE OR THAT THEUSE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS,COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders. This formulation of W3C's notice and license became active on December 31 2002. This version removes the copyright ownership notice such that this license can be used with materials other than those owned by the W3C, reflects that ERCIM is now a host of the W3C, includes references to this specific dated version of the license, and removes the ambiguous grant of "use". Otherwise, this version is the same as the previous version and is written so as to preserve the Free Software Foundation's assessment of GPL compatibility and OSI's certification under the Open Source Definition. Please see our Copyright FAQ for common questions about using materials from our site, including specific terms and conditions for packages like libwww, Amaya, and Jigsaw. Other questions about this notice can be directed to [email protected]. The following software may be included in this product: Xalan, Xerces; Use of any of this software is governed by the terms of the license below: The Apache Software License, Version 1.1 Copyright ©1999-2003 The Apache Software Foundation. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF Notices 153 SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright ©1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see http://www.apache.org . The following software may be included in this product: W3C XML Conformance Test Suites v. 20020606; Use of any of this software is governed by the terms of the license below: W3C SOFTWARE NOTICE AND LICENSE Copyright 1994-2002 World Wide Web Consortium, (Massachusetts Institute ofTechnology, Institut National de Recherche en Informatique et en Automatique,Keio University). http://www.w3.org/Consortium/Legal/ This W3C work (including software, documents, or other related items) is beingprovided by the copyright holders under the following license. By obtaining,using and/or copying this work, you (the licensee) agree that you have read,understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its documentation, with or without modification, for any purpose and without fee orroyalty is hereby granted, provided that you include the following on ALL copiesof the software and documentation or portions thereof, including modifications,that you make: 1. The full text of this NOTICE in a location viewable to users of theredistributed or derivative work. 2. Any pre-existing intellectual property disclaimers, notices, or terms andconditions. If none exist, a short notice of the following form (hypertext ispreferred, text is permitted) should be used within the body of any redistributed or derivative code: "Copyright ýý [$date-of-software] World WideWeb Consortium, (Massachusetts Institute of Technology, Institut National deRecherche en Informatique et en Automatique, Keio University). All RightsReserved. http://www.w3.org/Consortium/Legal/" 3. Notice of any changes or modifications to the W3C files, including thedate changes were made. (We recommend you provide URIs to the location fromwhich the code is derived.) THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKENO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITEDTO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THATTHE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTYPATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. 154 Notices The name and trademarks of copyright holders may NOT be used in advertising orpublicity pertaining to the software without specific, written prior permission.Title to copyright in this software and any associated documentation will at alltimes remain with copyright holders. This formulation of W3C's notice and license became active on August 14 1998 soas to improve compatibility with GPL. This version ensures that W3C softwarelicensing terms are no more restrictive than GPL and consequently W3C softwaremay be distributed in GPL packages. See the older formulation for the policyprior to this date. Please see our Copyright FAQ for common questions aboutusing materials from our site, including specific terms and conditions forpackages like libwww, Amaya, and Jigsaw. Other questions about this notice canbe directed to [email protected]. The following software may be included in this product: W3C XML Schema Test Collection v. 1.16.2; Use of any of this software is governed by the terms of the license below: W3C DOCUMENT NOTICE AND LICENSE Copyright 1994-2002 World Wide Web Consortium, (Massachusetts Institute ofTechnology, Institut National de Recherche en Informatique et en Automatique,Keio University). http://www.w3.org/Consortium/Legal/ Public documents on the W3C site are provided by the copyright holders under thefollowing license. The software or Document Type Definitions (DTDs) associatedwith W3C specifications are governed by the Software Notice. By using and/orcopying this document, or the W3C document from which this statement is linked,you (the licensee) agree that you have read, understood, and will comply withthe following terms and conditions: Permission to use, copy, and distribute the contents of this document, or theW3C document from which this statement is linked, in any medium for any purposeand without fee or royalty is hereby granted, provided that you include thefollowing on ALL copies of the document, or portions thereof, that you use: 1. A link or URL to the original W3C document. 2. The pre-existing copyright notice of the original author, or if it doesn'texist, a notice of the form: "Copyright [$date-of-document] World Wide WebConsortium, (Massachusetts Institute of Technology, Institut National deRecherche en Informatique et en Automatique, Keio University). All RightsReserved. http://www.w3.org/Consortium/Legal/" (Hypertext is preferred, but atextual representation is permitted.) 3. If it exists, the STATUS of the W3C document. When space permits, inclusion of the full text of this NOTICE should beprovided. We request that authorship attribution be provided in any software,documents, or other items or products that you create pursuant to the implementation of the contents of this document, or any portion thereof. No right to create modifications or derivatives of W3C documents is grantedpursuant to this license. However, if additional requirements (documented in theCopyright FAQ) are satisfied, the right to create modifications or derivativesis sometimes granted by the W3C to individuals complying with those requirements. THIS DOCUMENT IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONSOR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE;THAT THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY PURPOSE; NOR THAT THEIMPLEMENTATION OF SUCH Notices 155 CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS,COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL ORCONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE PERFORMANCEOR IMPLEMENTATION OF THE CONTENTS THEREOF. The name and trademarks of copyright holders may NOT be used in advertising orpublicity pertaining to this document or its contents without specific, writtenprior permission. Title to copyright in this document will at all times remainwith copyright holders. This formulation of W3C's notice and license became active on April 05 1999 soas to account for the treatment of DTDs, schema's and bindings. See the olderformulation for the policy prior to this date. Please see our Copyright FAQ forcommon questions about using materials from our site, including specific termsand conditions for packages like libwww, Amaya, and Jigsaw. Other questionsabout this notice can be directed to [email protected]. webmaster (last updated by reagle on 1999/04/99.) The following software may be included in this product: Mesa 3-D graphics library v. 5; Use of any of this software is governed by the 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 include/GL/glext.h SGI SGI Free B include/GL/glxext.h Mesa license: The Mesa distribution consists of several components. Different copyrights andlicenses apply to different components. For example, GLUT is copyrighted by MarkKilgard, some demo programs are copyrighted by SGI, some of the Mesa devicedrivers are copyrighted by their authors. See below for a list of Mesa'scomponents and the copyright/license for each. The core Mesa library is licensed according to the terms of the XFree86copyright (an MIT-style license). This allows integration with the XFree86/DRIproject. Unless otherwise stated, the Mesa source code and documentation islicensed as follows: Copyright ©1999-2003 Brian Paul Permission is hereby granted, free of charge, to any person obtaining acopy of this software and associated documentation files (the "Software"),to deal in the Software without restriction, including without limitationthe rights to use, copy, modify, merge, publish, distribute, sublicense,and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be includedin all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESSOR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALLBRIAN PAUL BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER INAN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. SGI FREE SOFTWARE LICENSE B (Version 1.1 [02/22/2000]) 1. Definitions. 156 Notices 1.1 "Additional Notice Provisions" means such additional provisions as appear in the Notice in Original Code under the heading "Additional Notice Provisions." 1.2 "Covered Code" means the Original Code or Modifications, or any combination thereof. 1.3 "Hardware" means any physical device that accepts input, processes input, stores the results of processing, and/or provides output. 1.4 "Larger Work" means a work that combines Covered Code or portions thereof with code not governed by the terms of this License. 1.5 "Licensable" means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.6 "License" means this document. 1.7 "Licensed Patents" means patent claims Licensable by SGI that are infringed by the use or sale of Original Code or any Modifications provided by SGI, or any combination thereof. 1.8 "Modifications" means any addition to or deletion from the substance or structure of the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is: A. Any addition to the contents of a file containing Original Code and/or addition to or deletion from the contents of a file containing previous Modifications.B. Any new file that contains any part of the Original Code or previous Modifications. 1.9 "Notice" means any notice in Original Code or Covered Code, as required by and in compliance with this License. 1.10 "Original Code" means source code of computer software code that is described in the source code Notice required by Exhibit A as Original Code, and updates and error corrections specifically thereto. 1.11 "Recipient" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 8. For legal entities, "Recipient" includes any entity that controls, is controlled by, or is under common control with Recipient. For purposes of this definition, "control" of an entity means (a) the power, direct or indirect, to direct or manage such entity, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity. 1.12 "Recipient Patents" means patent claims Licensable by a Recipient that are infringed by the use or sale of Original Code or any Modifications provided by SGI, or any combination thereof. 1.13 "SGI" means Silicon Graphics, Inc. 1.14 "SGI Patents" means patent claims Licensable by SGI other than the Licensed Patents. 2. License Grant and Restrictions. 2.1 SGI License Grant. Subject to the terms of this License and any third party intellectual property claims, for the duration of intellectual property protections inherent in the Original Code, SGI hereby grants Recipient a worldwide, royalty-free, non-exclusive license, to do the following: (i) under copyrights Licensable by SGI, to reproduce, distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code and/or any Modifications 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, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI. Recipient accepts the terms and conditions of this License by undertaking any of the aforementioned actions. The patent license shall apply to the Covered Code if, at the time any related Modification is added, such addition of the Modification causes such Notices 157 combination to be covered by the Licensed Patents. The patent license in Section 2.1(ii) shall not apply to any other combinations that include the Modification. No patent license is provided under SGI Patents for infringements of SGI Patents by Modifications not provided by SGI or combinations of Original Code and Modifications not provided by SGI. 2.2 Recipient License Grant. Subject to the terms of this License and any third party intellectual property claims, Recipient hereby grants SGI and any other Recipients a worldwide, royalty-free, non-exclusive license, under any Recipient Patents, to make, have made, use, sell, offer for sale, import and/or otherwise transfer the Original Code and/or any Modifications provided by SGI. 2.3 No License For Hardware Implementations. The licenses granted in Section 2.1 and 2.2 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code or any Modifications provided by SGI . 3. Redistributions. 3.1 Retention of Notice/Copy of License. The Notice set forth in Exhibit A, below, must be conspicuously retained or included in any and all redistributions of Covered Code. For distributions of the Covered Code in source code form, the Notice must appear in every file that can include a text comments field; in executable form, the Notice and a copy of this License must appear in related documentation or collateral where the Recipient's rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in the Original Code must also be retained or included in any and all redistributions of Covered Code. 3.2 Alternative License. Provided that Recipient is in compliance with the terms of this License, Recipient may, so long as without derogation 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 License; (2) a license identical to this License but for only such changes as are necessary in order to clarify Recipient's role as licensor of Modifications; and/or (3) a license of Recipient's choosing, containing terms different from this License, provided that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by any other terms of such license. If Recipient elects to use any license other than this License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not by SGI. It is emphasized that this License is a limited license, and, regardless of the license form employed by Recipient in accordance with this Section 3.2, Recipient may relicense only such rights, in Original Code and Modifications by SGI, as it has actually been granted by SGI in this License. 3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any such alternative license terms Recipient offers. 4. Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is properly granted shall survive any termination of this License, absent termination by the terms of such sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive. 5. No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or promotion of products derived from 158 Notices the Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are reserved. 6. Compliance with Laws; Non-Infringement. There are various worldwide laws, regulations, and executive orders applicable to dispositions of Covered Code, including without limitation export, re-export, and import control laws, regulations, and executive orders, of the U.S. government and other countries, and Recipient is reminded it is obliged to obey such laws, regulations, and executive orders. Recipient may not distribute Covered Code that (i) in any way infringes (directly or contributorily) any intellectual property rights of any kind of any other person or entity or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it might be deemed to have been subject. 7. Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or functionality wholly or partially infringes the third party's intellectual property rights, Recipient will promptly notify SGI of such claim. 8. Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each with a distinguishing version number. Once Covered Code has been published under a particular version of the License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this License. 9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER. 10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SGI's NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT. Notices 159 11. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of Recipient's use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by Recipient. 12. U.S. Government End Users. The Covered Code is a "commercial item" consisting of "commercial computer software" as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License. 13. Miscellaneous. This License represents the complete agreement concerning the its subject matter. If any provision of this License is held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively in Santa Clara County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this License. Exhibit A License Applicability. Except to the extent portions of this file are made subject to an alternative license as permitted in the SGI Free Software License B, Version 1.1 (the "License"), the contents of this file are subject only to the provisions of the License. You may not use this file except in compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA 94043-1351, or at: http://oss.sgi.com/projects/FreeB Note that, as provided in the License, the Software is distributed on an "AS IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF 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 Copyright ©[dates of first publication, as appearing in the Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions created by third parties is as indicated elsewhere herein. 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: Byte Code Engineering Library (BCEL) v. 5; Use of any of this software is governed by the terms of the license below: Apache Software License The Apache Software License, Version 1.1 160 Notices Copyright © 2001 The Apache Software Foundation. Allrights reserved. Redistribution and use in source and binary forms, withor without modification, are permitted provided that the followingconditions are met: 1. Redistributions of source code must retain the abovecopyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce theabove copyright notice, this list of conditions and the followingdisclaimer in the documentation and/or other materials providedwith the distribution. 3. The end-user documentation included with theredistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in thesoftware itself, if and wherever such third-party acknowledgmentsnormally appear. 4. The names "Apache" and "Apache Software Foundation"and "Apache BCEL" must not be used to endorse or promoteproducts derived from this software without prior writtenpermission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called"Apache", "Apache BCEL", nor may "Apache" appear in their name,without prior written permission of the Apache SoftwareFoundation. THIS SOFTWARE IS PROVIDED “AS IS”AND ANY EXPRESSED ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEARE DISCLAIMED. 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Redistribution and use in source and binary forms, with or without modification,are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. Notices 161 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Apache" and "Apache Software Foundation" and "Apache Turbine" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", "Apache Turbine", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED “AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. 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The following software may be included in this product: CUP Parser Generator for Java v. 0.10k; Use of any of this software is governed by the terms of the license below: CUP Parser Generator Copyright Notice, License, and Disclaimer Copyright © 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided thatthe above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of the authors or their employersnot be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. The authors and their employers disclaim all warranties with regard to thissoftware, including all implied warranties of merchantability and fitness. In no event shall the authors or their employers be liable for anyspecial, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract,negligence or other tortious action, arising out of or in connection withthe use or performance of this software. The following software may be included in this product: JLex: A 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 COPYRIGHT NOTICE, LICENSE AND DISCLAIMER. Copyright 1996-2003 by Elliot Joel Berk and C. Scott Ananian 162 Notices Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright noticeappear in all copies and that both the copyright notice and this permission notice and warrantydisclaimer appear in supporting documentation, and that the name of the authors or their employersnot be used in advertising or publicity pertaining to distribution of the software withoutspecific, written prior permission. The authors and their employers disclaim all warranties with regard to thissoftware, including all implied warranties of merchantability and fitness. In no event shall the authorsor their employers be liable for any special, indirect or consequential damages or any damageswhatsoever resulting from loss of use, data or profits, whether in an action of contract, negligenceor other tortious action, arising out of or in connection with the use or performance of this software. Java is a trademark of Sun Microsystems, Inc. References to the Java programminglanguage in relation to JLex are not meant to imply that Sun endorses this product. The following software may be included in this product: SAX v. 2.0.1; Use of any of this software is governed by the terms of the license below: Copyright Status SAX is free In fact, it's not possible to own a license to SAX, since it's been placed in the public domain. No Warranty Because SAX is released to the public domain, there is no warranty for the design or for the software implementation, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide SAX "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of SAX is with you. Should SAX prove defective, you assume the cost of all necessary servicing, repair or correction.In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute SAX, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use SAX (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the SAX to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages. Copyright Disclaimers This page includes statements to that effect by David Megginson, who would have been able to claim copyright for the original work. SAX 1.0 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 public domain.No one owns SAX: you may use it freely in both commercial and non-commercial applications, bundle it with your software distribution, include it on a CD-ROM, list the source code in a book, mirror the documentation at your own web site, or use it in any other way you see fit. David Megginson, [email protected] 1998-05-11 SAX 2.0 I hereby abandon any property rights to SAX 2.0 (the Simple API for XML), and release all of the SAX 2.0 source code, compiled code, and documentation contained in this distribution into the Public Domain. SAX comes with NO WARRANTY or guarantee of fitness for any purpose. David Megginson, [email protected] 2000-05-05 The following software may be included in this product: Cryptix; Use of any of this software is governed by the terms of the license below: Cryptix General License Notices 163 Copyright © 1995-2003 The Cryptix Foundation Limited. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions aremet: 1.Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer. 2.Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. THIS SOFTWARE IS PROVIDED BY THE CRYPTIX FOUNDATION LIMITED AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE ARE DISCLAIMED. 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The following software may be included in this product: W3C XML Schema Test Collection; Use of any of this software is governed by the terms of the license below: W3C® DOCUMENT NOTICE AND LICENSE Copyright © 1994-2002 World Wide Web Consortium, (Massachusetts Institute ofTechnology, Institut National de Recherche en Informatique et en Automatique,Keio University). http://www.w3.org/Consortium/Legal/ Public documents on the W3C site are provided by the copyright holders under thefollowing license. The software or Document Type Definitions (DTDs) associatedwith W3C specifications are governed by the Software Notice. By using and/orcopying this document, or the W3C document from which this statement is linked,you (the licensee) agree that you have read, understood, and will comply withthe following terms and conditions: Permission to use, copy, and distribute the contents of this document, or theW3C document from which this statement is linked, in any medium for any purposeand without fee or royalty is hereby granted, provided that you include thefollowing on ALL copies of the document, or portions thereof, that you use: 1. A link or URL to the original W3C document. 2. The pre-existing copyright notice of the original author, or if it doesn'texist, a notice of the form: "Copyright © [$date-of-document] World Wide WebConsortium, (Massachusetts Institute of Technology, Institut National deRecherche en Informatique et en Automatique, Keio University). All RightsReserved. http://www.w3.org/Consortium/Legal/" (Hypertext is preferred, but atextual representation is permitted.) 3. 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This formulation of W3C's notice and license became active on April 05 1999 soas to account for the treatment of DTDs, schema's and bindings. See the olderformulation for the policy prior to this date. Please see our Copyright FAQ forcommon questions about using materials from our site, including specific termsand conditions for packages like libwww, Amaya, and Jigsaw. Other questionsabout this notice can be directed to [email protected]. webmaster (last updated by reagle on 1999/04/99.) The following software may be included in this product: Stax API; Use of any of this software is governed by the terms of the license below: Streaming API for XML (JSR-173) Specification Reference Implementation License Agreement READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THESOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF THISAGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESETERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TOALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN. DEFINITIONS.1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code. 1.2. "Contributor" means BEA and each entity that creates or contributes to thecreation of Modifications. 1.3. "Covered Code" means the Original Code or Modifications or the combinationof the Original Code and Modifications, in each case including portions thereof and corresponding documentation released with the source code. 1.4. "Executable" means Covered Code in any form other than Source Code. 1.5. "FCS" means first commercial shipment of a product. Notices 165 1.6. "Modifications" means any addition to or deletion from the substance orstructure of either the Original Code or any previous Modifications. When Covered Code isreleased as a series of files, a Modification is: (a) Any addition to or deletion from the contents of a file containing OriginalCode or previous Modifications. (b) Any new file that contains any part of the Original Code or previousModifications. 1.7. "Original Code" means Source Code of computer software code ReferenceImplementation. 1.8. "Patent Claims" means any patent claim(s), now owned or hereafter acquired,including without limitation, method, process, and apparatus claims, in any patent for whichthe grantor has the right to grant a license. 1.9. "Reference Implementation" means the prototype or "proof of concept"implementaÂtion of the Specification developed and made available for license by or on behalf of BEA. 1.10. "Source Code" means the preferred form of the Covered Code for makingmodifications to it, including all modules it contains, plus any associated documentation,interface definition files, scripts used to control compilation and installation of an Executable, orsource code differential comparisons against either the Original Code or another well known,available Covered Code of the Contributor's choice. 1.11. "Specification" means the written specification for the Streaming API forXML , Java technology developed pursuant to the Java Community Process. 1.12. "Technology Compatibility Kit" or "TCK" means the documentation, testingtools and test suites associated with the Specification as may be revised by BEA from time totime, that is provided so that an implementer of the SpecifiÂcation may determine if itsimplementation is compliant with the Specification. 1.13. "You" (or "Your") means an individual or a legal entity exercising rightsunder, and complying with all of the terms of, this Agreement or a future version of thisAgreement issued under Section 6.1. For legal entities, "You" includes any entity which controls,is controlled by, or is under common control with You. For purposes of this definition,"control" means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of theoutstanding shares or beneficial ownership of such entity. 14. SOURCE CODE LICENSE. 2.1. Copyright Grant. Subject to the terms of this Agreement, each Contributorhereby grants You a non-exclusive, worldwide, royalty-free copyright license to reproduce,prepare derivative works of, publicly display, publicly perform, distribute and sublicense theCovered Code of such Contributor, if any, and such derivative works, in Source Code andExecutable form. 2.2. Patent Grant. Subject to the terms of this Agreement, each Contributorhereby grants You a non-exclusive, worldwide, royalty-free patent license under the PatentClaims to make, use, sell, offer to sell, import and otherwise transfer the Covered Code preparedand provided by such Contributor, if any, in Source Code and Executable form. This patentlicense shall apply to the Covered Code if, at the time a Modification is added by the Contributor,such addition of the Modification causes such combination to be covered by the Patent Claims.The patent license shall not apply to any other combinations which include the Modification. 166 Notices 2.3. Conditions to Grants. You understand that although each Contributorgrants the licenses to the Covered Code prepared by it, no assurances are provided by anyContributor that the Covered Code does not infringe the patent or other intellectual property rights ofany other entity. Each Contributor disclaims any liability to You for claims brought by anyother entity based on infringement of intellectual property rights or otherwise. As a conditionto exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a thirdparty patent license is required to allow You to distribute Covered Code, it is Your responsibility to acquire that license before distributing such code. 2.4. Contributors' Representation. Each Contributor represents that to itsknowledge it has sufficient copyright rights in the Covered Code it provides , if any, to grantthe copyright license set forth in this Agreement. 15. DISTRIBUION RESTRICTIONS. 3.1. Application of Agreement. The Modifications which You create or to which You contribute are governed bythe terms of this Agreement, including without limitation Section 2.0. The Source Code versionof Covered Code may be distributed only under the terms of this Agreement or a future versionof this Agreement released under Section 6.1, and You must include a copy of this Agreementwith every copy of the Source Code You distribute. You may not offer or impose any terms on anySource Code version that alters or restricts the applicable version of this Agreement or therecipients' rights hereunder. However, You may include an additional document offering theadditional rights described in Section 3.3. 3.2. Description of Modifications. You must cause all Covered Code to which You contribute to contain a filedocumenting the changes You made to create that Covered Code and the date of any change. You mustinclude a prominent statement that the Modification is derived, directly or indirectly, fromOriginal Code provided by BEA and including the name of BEA in (a) the Source Code, and (b) inany notice in an Executable version or related documentation in which You describe the origin orownership ofthe Covered Code. 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 license below: Copyright The Open Group Permission to use, copy, modify, distribute, and sell this software and itsdocumentation for any purpose is hereby granted without fee, provided that theabove copyright notice appear in all copies and that both that copyright noticeand this permission notice appear in supporting documentation. The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NONINFRINGEMENT IN NO EVENT SHALL THE OPEN GROUP BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OFCONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THESOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. Notices 167 Except as contained in this notice, the name of The Open Group shall not be usedin advertising or otherwise to promote the sale, use or other dealings in thisSoftware without prior written authorization from The Open Group. Portions also covered by other licenses as noted in the above URL. The following software may be included in this product: dom4j v. 1.6; Use of any of this software is governed by the terms of the license below: Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that thefollowing conditions are met: 1. Redistributions of source code must retain copyright statements andnotices. Redistributions must also contain a copy of this document. 2. Redistributions in binary form must reproduce the above copyright notice,this list of conditions and the following disclaimer in the documentation and/orother materials provided with the distribution. 3. The name "DOM4J" must not be used to endorse or promote products derivedfrom this Software without prior written permission of MetaStuff, Ltd. Forwritten permission, please contact [email protected]. 4. Products derived from this Software may not be called "DOM4J" nor may"DOM4J" appear in their names without prior written permission of MetaStuff,Ltd. DOM4J is a registered trademark of MetaStuff, Ltd. 5. Due credit should be given to the DOM4J Project - http://www.dom4j.org THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND ANYEXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AREDISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FORANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. Copyright 2001-2005 © MetaStuff, Ltd. The following software may be included in this product: Retroweaver; Use of any of this software is governed by the terms of the license below: Copyright © February 2004, Toby Reyelts. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 168 Notices Neither the name of Toby Reyelts nor the names of his contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICTLIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following software may be included in this product: stripper; Use of any of this software is governed by the terms of the license below: Stripper : debug information stripper Copyright © 2003 Kohsuke Kawaguchi . Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. Neither the name of the copyright holders nor the names of its contributors may be used to endorse or promote products derived fromthis software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following software may be included in this product: libpng official PNG reference library; Use of any of this software is governed by the terms of the license below: This copy of the libpng notices is provided for your convenience. In case ofany discrepancy between this copy and the notices in the file png.h that isincluded in the libpng distribution, the latter shall prevail. COPYRIGHT NOTICE, DISCLAIMER, and LICENSE: If you modify libpng you may insert additional notices immediately followingthis sentence. Notices 169 libpng version 1.2.6, December 3, 2004, is Copyright © 2004 Glenn Randers-Pehrson, and is distributed according to the same disclaimer and license as libpng-1.2.5with the following individual added to the list of Contributing Authors Cosmin Truta libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are Copyright © 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors Simon-Pierre Cadieux Eric S. Raymond Gilles Vollant and with the following additions to the disclaimer: There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user. libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright ©1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96,with the following individuals added to the list of Contributing Authors: Tom Lane Glenn Randers-Pehrson Willem van Schaik libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright © 1996, 1997 Andreas Dilger Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors: John Bowler Kevin Bracey Sam Bushell Magnus Holmgren Greg Roelofs Tom Tanner libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright © 1995, 1996 Guy Eric Schalnat, Group 42, Inc. For the purposes of this copyright and license, "Contributing Authors"is defined as the following set of individuals: Andreas Dilger Dave Martindale Guy Eric Schalnat Paul Schmidt Tim Wegner The PNG Reference Library is supplied "AS IS". The Contributing Authorsand Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and offitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary,or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage. 170 Notices Permission is hereby granted to use, copy, modify, and distribute thissource code, or portions hereof, for any purpose, without fee, subjectto the following restrictions: 1. The origin of this source code must not be misrepresented. 2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source. 3. This Copyright notice may not be removed or altered from any source or altered source distribution. The Contributing Authors and Group 42, Inc. specifically permit, withoutfee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use thissource code in a product, acknowledgment is not required but would be appreciated. A "png_get_copyright" function is available, for convenient use in "about"boxes and the like: printf("%s",png_get_copyright(NULL)); Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31). Libpng is OSI Certified Open Source Software. OSI Certified Open Source is acertification mark of the Open Source Initiative. Glenn Randers-Pehrson glennrp at users.sourceforge.net December 3, 2004 The following software may be included in this product: Libungif - An uncompressed GIF library; Use of any of this software is governed by the terms of the license below: The GIFLIB distribution is Copyright ©1997 Eric S. Raymond Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to dealin the Software without restriction, including without limitation the rightsto use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included inall copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS INTHE SOFTWARE. The following software may be included in this product: Ant; Use of any of this software is governed by the terms of the license below: License The Apache Software License Version 2.0 The Apache Software License Version 2.0 applies to all releases of Ant startingwith ant 1.6.1 Apache License Version 2.0, January 2004 Notices 171 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. 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"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted"means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual,worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. . Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual,worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity 172 Notices (including across-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Worksthat You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributedas part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS Notices 173 FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify,defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] Apache Software Foundation Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE- 2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. You can download the original license file here. The License is accompanied by a NOTICE NOTICE file corresponding to the section 4 d of the Apache License, Version 2.0, in this case for the Apache Ant distribution. This product includes software developed by The Apache Software Foundation (http://www.apache.org/). This product includes also software developed by : - the W3C consortium (http://www.w3c.org) , - the SAX project (http://www.saxproject.org) Please read the different LICENSE files present in the root directory of this distribution. The names "Ant" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. The Apache Software License, Version 1.1 The Apache Software License, Version 1.1, applies to all versions of up to ant1.6.0 included. Copyright © 2000-2003 The Apache Software Foundation. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 174 Notices 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Ant" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org. The following software may be included in this product: XML Resolver library; Use of any of this software is governed by the terms of the license below: Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. Notices 175 "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: 176 Notices (a) You must give any other recipients of the Work or Derivative Works a copy of this License; and (b) You must cause any modified files to carry prominent notices stating that You changed the files; and (c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and (d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or Notices 177 consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS APPENDIX: How to apply the Apache License to your work. To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives. Copyright [yyyy] [name of copyright owner] Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. The following software may be included in this product: ICU4J; Use of any of this software is governed by the terms of the license below: ICU License - ICU 1.8.1 and later COPYRIGHT AND PERMISSION NOTICE Copyright © 1995-2003 International Business Machines Corporation and others. All rightsreserved. Permission is hereby granted, free of charge, to any person obtaininga copy of this software and associated documentation files (the "Software"), todeal in the Software without restriction, including without limitation therights to use, copy, modify, merge, publish, distribute, and/or sell copies ofthe Software, and to permit persons to whom the Software is furnished to do so,provided that the above copyright notice(s) and this permission notice appear inall copies of the Software and that both the above copyright notice(s) and thispermission notice appear in supporting documentation. THE SOFTWARE IS PROVIDED"AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSEAND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHTHOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANYSPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTINGFROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCEOR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION 178 Notices WITH THE USE ORPERFORMANCE OF THIS SOFTWARE. Except as contained in this notice, the name of acopyright holder shall not be used in advertising or otherwise to promote thesale, use or other dealings in this Software without prior written authorizationof the copyright holder. The following software may be included in this product: NekoHTML; Use of any of this software is governed by the terms of the license below: The CyberNeko Software License, Version 1.0 © Copyright 2002,2003, Andy Clark. Redistribution and use in source and binary forms, with or withoutm modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by Andy Clark." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "CyberNeko" and "NekoHTML" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "CyberNeko", nor may "CyberNeko" appear in their name, without prior written permission of the author. THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR OR OTHER CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This license is based on the Apache Software License, version 1.1 The following software may be included in this product: Jing; Use of any of this software is governed by the terms of the license below: Jing Copying Conditions Copyright © 2001-2003 Thai Open Source Software Center Ltd. Redistribution and use in source and binary forms, with or without modification,are permitted provided that the following conditions are met: Redistributions of source code must retain the above copyright notice,this list of conditions and the following disclaimer. Notices 179 Redistributions in binary form must reproduce the above copyright notice,this list of conditions and the following disclaimer in the documentation and/orother materials provided with the distribution. Neither the name of the Thai Open Source Software Center Ltd nor the namesof its contributors may be used to endorse or promote products derived from thissoftware without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" ANDANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AREDISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANYDIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THISSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following software may be included in this product: RelaxNGCC; Use of any of this software is governed by the terms of the license below: Copyright © 2000-2003 Daisuke Okajima and Kohsuke Kawaguchi. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by Daisuke Okajima and Kohsuke Kawaguchi (http://relaxngcc.sf.net/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names of the copyright holders must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact the copyright holders. 5. Products derived from this software may not be called "RELAXNGCC",nor may "RELAXNGCC" appear in their name, without prior written permission of the copyright holders. THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, 180 Notices OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. The following software may be included in this product: RELAX NG Object Model/Parser; Use of any of this software is governed by the terms of the license below: The MIT License Copyright © Permission is hereby granted, free of charge, to any person obtaining a copy ofthis software and associated documentation files (the "Software"), to deal inthe Software without restriction, including without limitation the rights touse, copy, modify, merge, publish, distribute, sublicense, and/or sell copies ofthe Software, and to permit persons to whom the Software is furnished to do so,subject to the following conditions: The above copyright notice and this permission notice shall be included in allcopies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS ORCOPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHERIN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR INCONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. The following software may be included in this product: XFree86-VidMode Extension; Use of any of this software is governed by the terms of the license below: Version 1.1 of ProjectLicence. Copyright ©1994-2004 The Project, Inc. Permission is hereby granted, free of charge, to any person obtaining a copyof this software and associated documentation files (the "Software"), to deal inthe Software without restriction, including without limitation the rights touse, copy, modify, merge, publish, distribute, sublicence, and/or sell copies ofthe Software, and to permit persons to whom the Software is furnished to do so,subject to the following conditions: 1. Redistributions of source code must retain the above copyright notice,this list of conditions, and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyrightnotice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution, and in thesame place and form as other copyright, license and disclaimer information. 3. The end-user documentation included with the redistribution, if any,must include the following acknowledgment: "This product includes softwaredeveloped by The XFree86 Project, Inc (http://www.xfree86.org/) and itscontributors", in the same place and form as other third-party acknowledgments.Alternately, this acknowledgment may appear in the software itself, in the sameform and location as other such third-party acknowledgments. Notices 181 4. Except as contained in this notice, the name of The XFree86 Project,Inc shall not be used in advertising or otherwise to promote the sale, use orother dealings in this Software without prior written authorization from TheXFree86 Project, Inc. THIS SOFTWARE IS PROVIDED “AS IS”' AND ANY EXPRESSED OR IMPLIED WARRANTIES,INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY ANDFITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE XFREE86PROJECT, INC OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; ORBUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER INCONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISINGIN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE. The following software may be included in this product: RelaxNGCC; Use of any of this software is governed by the terms of the license below: This is version 2003-May-08 of the Info-ZIP copyright and license. The definitive version of this document should be available at ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely. Copyright ©1990-2003 Info-ZIP. For the purposes of this copyright and license, "Info-ZIP" is defined asthe following set of individuals: Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Christian Spieler, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White This software is provided "as is," without warranty of any kind, expressor implied. In no event shall Info-ZIP or its contributors be held liablefor any direct, indirect, incidental, special or consequential damagesarising out of the use of or inability to use this software. Permission is granted to anyone to use this software for any purpose,including commercial applications, and to alter it and redistribute itfreely, subject to the following restrictions: 1. Redistributions of source code must retain the above copyright notice, definition, disclaimer, and this list of conditions. 2. Redistributions in binary form (compiled executables) must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in documentation and/or other materials provided with the distribution. The sole exception to this condition is redistribution of a standard UnZipSFX binary (including SFXWiz) as part of a self-extracting archive; that is permitted without inclusion of this license, as long as the normal SFX banner has not been removed from the binary or disabled. 3. Altered versions--including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, and dynamic, shared, or static library versions--must be plainly marked as such and must not be misrepresented as being the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases--including, but not limited to, labeling of the altered versions with the names "Info-ZIP" (or any variation thereof, including, but not 182 Notices limited to, different capitalizations), "Pocket UnZip," "WiZ" or "MacZip" without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or of the Info-ZIP URL(s). 4. Info-ZIP retains the right to use the names "Info-ZIP," "Zip," "UnZip," "UnZipSFX," "WiZ," "Pocket UnZip," "Pocket Zip," and "MacZip" for its own source and binary releases. The following software may be included in this product: XML Security; Use of any of this software is governed by the terms of the license below: The Apache Software License, Version 1.1 Copyright © 2002 The Apache SoftwareFoundation. Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that thefollowing conditions are met: 1. Redistributions ofsource code must retain the above copyrightnotice, this list of conditions and the followingdisclaimer. 2. Redistributions in binary form mustreproduce the above copyright notice, this list of conditions and the following disclaimerin the documentation and/or other materialsprovided with the distribution. 3. The end-userdocumentation included with the redistribution, if any,must include the following acknowledgment:"This product includes software developed bythe Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment mayappear in the software itself, if and wherever suchthird-party acknowledgments normally appear. 4. The names"Apache Forrest" and "Apache SoftwareFoundation" must not be used to endorse or promoteproductsderived from this software without priorwritten permission. For written permission,please contact [email protected]. 5. Products derivedfrom this software may not be called "Apache", normay "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS ORSERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANYTHEORY OF LIABILITY, WHETHER IN CONTRACT, STRICTLIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache SoftwareFoundation, please see http://www.apache.org. The following software may be included in this product: Regexp, Regular Expression Package v. 1.2; Use of any of this software is governed by the terms of the license below: Notices 183 The Apache Software License, Version 1.1 Copyright© 2001 The Apache Software Foundation. Redistribution and use in source and binary forms, with or without modification,are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution. 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:"This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear. 4. The names "Apache" and "Apache Software Foundation" and "Apache Turbine" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact [email protected]. 5. Products derived from this software may not be called "Apache", "Apache Turbine", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org. The following software may be included in this product: Visual Studio. Use of any of this software is governed by the terms of the license below: 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 single entity) and Microsoft Corporation ("Microsoft) for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR 184 Notices OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND. MICROSOFT SOFTWARE LICENSE 1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. NOTE: Microsoft is not licensing to you any rights with respect to Crystal Reports for Microsoft Visual Studio .NET; your use of Crystal Reports for Microsoft Visual Studio .NET is subject to your acceptance of the terms and conditions of the enclosed (hard copy) end user license agreement from Crystal Decisions for that product. 1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product(s), provided that you are the only individual using the Software. If you are an entity, Microsoft grants to you a personal, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual. 1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises. 1.3 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by licensed end users in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users. 1.4 Visual Studio—Effect of EULA. As a suite of development tools and other Microsoft software programs (each such tool or software program, a "Component"), Components that you receive as part of the Software may include a separate end-user license agreement (each, a "Component EULA"). Except as provided in Section 4 ("Prerelease Code"), in the event of inconsistencies between this EULA and any 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 software. 2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned Everett VSPro 1 Final 11.04.02 upon your compliance with the distribution requirements and license limitations described in Section 3. 2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as "Samples" in REDIST.TXT or elsewhere in the Software ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below. Notices 185 2.2 Redistributable Code—General. Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code form of any portion of the Software listed in REDIST.TXT ("Redistributable Code"). For general redistribution requirements for Redistributable Code, see Section 3.1 below. 2.3 Redistributable Code—Microsoft Merge Modules ("MSM"). Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the content of MSM file(s) listed in REDIST.TXT in the manner described in the Software documentation only so long as you redistribute such content in its entirety and do not modify such content in any way. For all other applicable redistribution requirements for MSM files, see Section 3.1 below. 2.4 Redistributable Code—Microsoft Foundation Classes (MFC), Active Template Libraries (ATL), and C runtimes (CRTs). In addition to the rights granted in Section 1, Microsoft grants you a license to use and modify the source code version of those portions of the Software that are identified as MFC, ATL, or CRTs (collectively, the "VC Redistributables"), for the sole purposes of designing, developing, and 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 Licensee Software (defined below), Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code version of the VC Redistributables, including any modifications you make. For purposes of this section, "modifications" shall mean enhancements to the functionality of the VC Redistributables. For all other applicable redistribution requirements for VC Redistributables, see Section 3.1 below. 3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.1; some of the Redistributable Code has additional limited use rights described in Section 3.2. 3.1 General Distribution Requirements. (a) If you choose to redistribute Sample Code, or Redistributable Code (collectively, the "Redistributables") as described in Section 2, you agree: (i) except as otherwise noted in Section 2.1 (Sample Code), to distribute the Redistributables only in object code form and in conjunction with and as a part of a software application product developed by you that adds significant and primary functionality to the Redistributables ("Licensee Software"); (ii) that the Redistributables only operate in conjunction with Microsoft Windows platforms; (iii) that if the Licensee Software is distributed beyond Licensee's premises or externally from Licensee's organization, to distribute the Licensee Software containing the Redistributables pursuant to an end user license agreement (which may be "break-the-seal", "click-wrap" or signed), with terms no less protective than those contained in this EULA; (iv) not to use Microsoft's name, logo, or trademarks to market the Licensee Software; (v) to display your own valid copyright notice which shall be sufficient to protect Microsoft's copyright in th Software; Everett VSPro 2 Final 11.04.02 (vi) not to remove or obscure any copyright, trademark or patent notices that appear on the Software as delivered to you; (vii) to indemnify, hold harmless, and defend Microsoft from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of the Licensee Software; (viii) to otherwise comply with the terms of this EULA; and (ix) agree that Microsoft reserves all rights not expressly granted. You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you. 186 Notices (b) If you use the Redistributables, then in addition to your compliance with the applicable distribution requirements described for the Redistributables, the following also applies. Your license rights to the Redistributables are conditioned upon your not (i) creating derivative works of the Redistributables in any manner that would cause the Redistributables in whole or in part to become subject to any of the terms of an Excluded License; or (ii) distributing the Redistributables (or derivative works thereof) in any manner that would cause the Redistributables to become subject to any of the terms of an Excluded License. An "Excluded License" is any license that requires as a condition of use, modification and/or distribution of software subject to the Excluded License, that such software or other software combined and/or distributed with such software be (x) disclosed or distributed in source code form; (y) licensed for the purpose of making derivative works; or (z) redistributable at no charge. 3.2 Additional Distribution Requirements for Certain Redistributable Code. If you choose to redistribute the files discussed in this Section, then in addition to the terms of Section 3.1, you must ALSO comply with the following. (a) Microsoft SQL Server Desktop Engine ("MSDE"). If you redistribute MSDE you agree to comply with the following additional requirements: (a) Licensee Software shall not substantially duplicate the capabilities of Microsoft Access or, in the reasonable opinion of Microsoft, compete with same; and (b) unless Licensee Software requires your customers to license Microsoft Access in order to operate, you shall not reproduce or use MSDE for commercial distribution in conjunction with a general purpose word processing, spreadsheet or database management software product, or an integrated work or product suite whose components include a general purpose word processing, spreadsheet, or database management software product except for the exclusive use of importing data to the various formats supported by Microsoft Access. A product that includes limited word processing, spreadsheet or database components along with other components which provide significant and primary value, such as an accounting product with limited spreadsheet capability, is not considered to be a "general purpose" product. (b) Microsoft Data Access Components. If you redistribute the Microsoft Data Access Component file identified as MDAC_TYP.EXE, you also agree to redistribute such file in object code only in conjunction with and as a part of a Licensee Software developed by you with a Microsoft development tool product that addssignificant and primary functionality to MDAC_TYP.EXE. Everett VSPro 3 Final 11.04.02 3.3 Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user. 3.4 Benchmark Testing. The Software may contain the Microsoft .NET Framework. You may not disclose the results of any benchmark test of the .NET Framework component of the Software to any third party without Microsoft's prior written approval. 4. PRERELEASE CODE. Portions of the Software may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code. 5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. Notices 187 6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. 7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software. 8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collectand use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you. 9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site. 10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. 11. UPGRADES/DOWNGRADES Everett VSPro 4 Final 11.04.02 11.1 Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility. 11.2 Downgrades. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software. 11.3 Special Terms for Version 2003 Upgrade Editions of the Software. If the Software accompanying this EULA is the version 2003 edition of the Software and you have acquired it as an upgrade from the corresponding "2002" edition of the Microsoft software product with the same product name as the Software (the "Qualifying Software"), then Section 11.1 does not apply to you. Instead, you may continue to use the Qualifying Software AND the version 2003 upgrade for so long as you continue to comply with the terms of this EULA and the EULA governing your use of the Qualifyng Software. Qualifying Software does not include non-Microsoft software products. 12. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR,"may not be sold or otherwise transfered for value, or used for any purpose other than demonstration, test or evaluation. 188 Notices 13. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country. 14. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments. For additional information see Notices 189 remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your emedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country. 18. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM Everett VSPro 6 Final 11.04.02 EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE. 19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGE WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABLITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THESOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 20. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL 190 Notices DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 17, 18, AND 19) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Everett VSPro 7 Final 11.04.02 21. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 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 1988), as applicable. 22. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply. 23. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum oramendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante s'applique : GARANTIE LIMITÉE Sauf pur celles du "Redistributables," qui sont fournies "comme telles," Microsoft garantit que le Logiciel fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception. 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, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUECE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation ci-dessus peut ne pas s'appliquer à vous. Tous les suppléments ou toutes les mises à jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations à chaud (le cas échéant) qui vous sont fournis après l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse, implicite ou en vertu de la loi. LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES. Notices 191 Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ci-après. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la Everett VSPro 8 Final 11.04.02 garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables,même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la clause «Exclusion des dommages accessoires, indirects et de certains autres dommages » sontégalement intégrées à la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion ci-dessus peut ne pas s'appliquer à vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'unterritoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. La seule responsabilité obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour toute violation de la présente garantie limitée ou pour toute autre violation du présent contrat ou pour toute autre responsabilité relative au Logiciel seront, selon le choix de Microsoft exercé de temps à autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Logiciel à Microsoft). La présente garantie limitée est nulle si la défectuosité du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la période initiale de la gaantie ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft de votre pays. DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) crées par une publicité, un document, un emballage ou une autre communication. SAUF EN CE QUI A TRAIT À LA GARANTIE LIMITÉE ET DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LESGARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE, D'ADAPTATION À UNE FIN PARTICULIÈRE, DE FIABILITÉ OU DE DISPONIBILITÉ, D'EXACTITUDE OU D'EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L'ART, D'ABSENCE DE VIRUS ET D'ABSENCE DE NÉGLIGENCE, LE TOUT À L'ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE 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, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L'UTILISATION DU LOGICIEL . PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU 192 Notices LAPOSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À NE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL. EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. 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LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAISSANSLIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE (SAUF EN CE QUI CONCERNETOUT RECOURS DE RÉPARATION OU DE REMPLACEMENT CHOISI PAR MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA GARANTIE LIMITÉE) SELIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S'APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MÊME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL. 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Everett VSPro 12 Final 11.04.02 The following software may be included in this product: zlib; Use of any of this software is governed by the terms of the license below: zlib.h -- interface of the 'zlib' general purpose compression library version 1.1.3, July 9th, 1998 Copyright © 1995-1998 Jean-loup Gailly and Mark Adler This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software. Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Jean-loup Gailly Mark Adler [email protected] [email protected] The data format used by the zlib library is described by RFCs (Request for Comments) 1950 to 1952 in the files ftp://ds.internic.net/rfc/rfc1950.txt (zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format The following software may be included in this product: Mozilla Rhino. Use of any of this software is governed by the terms of the license below: The contents of this file are subject to the Netscape Public License Version 1.1 (the "License"); you may not use this fileexcept in compliance with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/ Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. 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To apply these terms, attach the following notices to the library. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found. Notices 205 Copyright© 206 Notices ooooo ooo ooooooooo. ooooooo ooooo `888' `8' `888 `Y88. `8888 d8' 888 8 888 .d88' Y888..8P 888 8 888ooo88P' `8888' 888 8 888 .8PY888. `88. .8' 888 d8' `888b `YbodP' o888o o888o o88888o The Ultimate Packer for eXecutables Copyright © 1996-2000 Markus Oberhumer & Laszlo Molnar http://wildsau.idv.uni-linz.ac.at/mfx/upx.html http://www.nexus.hu/upx http://upx.tsx.org PLEASE CAREFULLY READ THIS LICENSE AGREEMENT, ESPECIALLY IF YOU PLAN TO MODIFY THE UPX SOURCE CODE OR USE A MODIFIED UPX VERSION. ABSTRACT UPX and UCL are copyrighted software distributed under the terms of the GNU General Public License (hereinafter the "GPL"). The stub which is imbedded in each UPX compressed program is part of UPX and UCL, and contains code that is under our copyright. The terms of the GNU General Public License still apply as compressing a program is a special form of linking with our stub. As a special exception we grant the free usage of UPX for all executables, including commercial programs. See below for details and restrictions. COPYRIGHT UPX and UCL are copyrighted software. All rights remain with the authors. UPX is Copyright © 1996- 2000 Markus Franz Xaver Johannes Oberhumer UPX is Copyright © 1996-2000 Laszlo Molnar UCL is Copyright © 1996-2000 Markus Franz Xaver Johannes Oberhumer GNU GENERAL PUBLIC LICENSE UPX and the UCL library are free software; you can redistribute them and/or modify them under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. UPX and UCL are distributed in the hope that they will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details. You should have received a copy of the GNU General Public License along with this program; see the file COPYING. SPECIAL EXCEPTION FOR COMPRESSED EXECUTABLES The stub which is imbedded in each UPX compressed program is part of UPX and UCL, and contains code that is under our copyright. The terms of the GNU General Public License still apply as ompressing a program is a special form of linking with our stub. Hereby Markus F.X.J. Oberhumer and Laszlo Molnar grant you special permission to freely use and distribute all UPX compressed programs (including commercial ones), subject to the following restrictions: Notices 207 1. You must compress your program with a completely unmodified UPX version; either with our precompiled version, or (at your option) with a self compiled version of the unmodified UPX sources as distributed by us. 2. This also implies that the UPX stub must be completely unmodified, i.e. the stub imbedded in your compressed program must be byte-identical to the stub that is produced by the official unmodified UPX version. 3. The decompressor and any other code from the stub must exclusively get used by the unmodified UPX stub for decompressing your program at program startup. No portion of the stub may get read, copied, called or otherwise get used or accessed by your program. ANNOTATIONS You can use a modified UPX version or modified UPX stub only for programs that are compatible with the GNU General Public License. We grant you special permission to freely use and distribute all UPX compressed programs. But any modification of the UPX stub (such as, but not limited to, removing our copyright string or making your program non-decompressible) will immediately revoke your right to use and distribute a UPX compressed program. UPX is not a software protection tool; by requiring that you use the unmodified UPX version for your proprietary programs we make sure that any user can decompress your program. This protects both you and your users as nobody can hide malicious code any program that cannot be decompressed is highly suspicious by definition.You can integrate all or part of UPX and UCL into projects that are compatible with the GNU GPL, but obviously you cannot grant any special exceptions beyond the GPL for our code in your project. We want to actively support manufacturers of virus scanners and similar security software. Please contact us if you would like to incorporate parts of UPX or UCL into such a product. Markus F.X.J. Oberhumer Laszlo Molnar [email protected] [email protected] Linz, Austria, 25 Feb 2000 Additional License(s) The UPX license file is at http://upx.sourceforge.net/upx-license.html. The following software may be included in this product: LZMA Software Development Kit Use of any of this software is governed by the terms of the license below: License LZMA SDK is available under any of the following licenses: 1. GNU Lesser General Public License (GNU LGPL) 2. Common Public License (CPL) 3. Simplified license for unmodified code (read SPECIAL EXCEPTION) 4. Proprietary license This means that you can select one of these four options and follow rules of that license. 208 Notices SPECIAL EXCEPTION: Igor Pavlov, as the author of this code, expressly permit you statically or dynamically to link your code (or bind by name) to the files from LZMA SDK without subjecting your linked code to the terms of the CPL or GNU LGPL. Any modification or addition to any file in the LZMA SDK, however, is subject to the GNU LGPL or CPL terms. This SPECIAL EXCEPTION allows you to use LZMA SDK in applications with proprietary code, provided you keep the LZMA SDK code unmodified. SPECIAL EXCEPTION 2: Igor Pavlov, as the author of this code, expressly permits you to use LZMA SDK 4.43 under the same terms and conditions contained in the License Agreement you have for any previous version of LZMA SDK developed by Igor Pavlov. SPECIAL EXCEPTION 2 allows holders of proprietary licenses to use latest version of LZMA SDK as update for previous versions. GNU LGPL and CPL are pretty similar and both these licenses are classified as free software licenses at http://www.gnu.org/ and OSI-approved at http://www.opensource.org/. LZMA SDK also is available under a proprietary license which can include: 1. The right to modify code from the LZMA SDK without subjecting the modified code to the terms of the CPL or GNU LGPL 2. Technical support for LZMA SDK via email To request such a proprietary license, or for any additional consultations, send an email message, using the 7-Zip support page: Send message to LZMA developer The source code of 7-Zip is released under the terms of the GNU LGPL. You can download the source code of 7-Zip at 7-Zip's Source Forge Page Additional License(s) The license included with the software differs slightly from the version posted on the website. Specifically it includes SPECIAL EXCEPTION 3, which is not present in the license on the website. The license from the software archive follows: LICENSE LZMA SDK is available under any of the following licenses: 1) GNU Lesser General Public License (GNU LGPL) 2) Common Public License (CPL) 3) Simplified license for unmodified code (read SPECIAL EXCEPTION) 4) Proprietary license It means that you can select one of these four options and follow rules of that license.1,2) GNU LGPL and CPL licenses are pretty similar and both these licenses are classified as - "Free software licenses" at http://www.gnu.org/ - "OSI-approved" at http://www.opensource.org/ 3) SPECIAL EXCEPTION Igor Pavlov, as the author of this code, expressly permits you to statically or dynamically link your code (or bind by name) to the files from LZMA SDK without subjecting your linked code to the terms of the CPL or GNU LGPL. Any modifications or additions to files from LZMA SDK, however, are subject to the GNU LGPL or CPL terms. SPECIAL EXCEPTION allows you to use LZMA SDK in applications withclosed code, while you keep LZMA SDK code unmodified. SPECIAL EXCEPTION Notices 209 2: Igor Pavlov, as the author of this code, expressly permits you to use this code under the same terms and conditions contained in the License Agreement you have for any previous version of LZMA SDK developed by Igor Pavlov. SPECIAL EXCEPTION 2 allows owners of proprietary licenses to use latest version of LZMA SDK as update for previous versions. SPECIAL EXCEPTION 3: Igor Pavlov, as the author of this code, expressly permits you to use code of the following files: BranchTypes.h, LzmaTypes.h, LzmaTest.c, LzmaStateTest.c, LzmaAlone.cpp, LzmaAlone.cs, LzmaAlone.java as public domain code. 4) Proprietary license LZMA SDK also can be available under a proprietary license which can include: 1) Right to modify code without subjecting modified code to the terms of the CPL or GNU LGPL 2) Technical support for code To request such proprietary license or any additional consultations, send email message from that page:http://www.7-zip.org/support.html You should have received a copy of the GNU Lesser General Public License along with this library; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA You should have received a copy of the Common Public License along with this library. 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Microsoft provides support services for the software as described at www.support.microsoft.com/common/international.aspx. 20. ENTIRE AGREEMENT. This agreement (including the warranty be low), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services. 21. APPLICABLE LAW. a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort. 214 Notices b. Outside the United States. If you acquired the software in any other country, the laws of that country apply. 22. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. 23. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This limitation applies to • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if • repair, replacement or a refund for the software does not fully compensate you for any losses; or • Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages. LIMITED WARRANTY A. LIMITED WARRANTY. If you follow the instructions, the software will perform substantially as described in the Microsoft materials that you receive in or with the software. B. TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the software, the remainder of he warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts. C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control. D. REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR Notices 215 REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY. E. CONSUMER RIGHTS NOT AFFECTED. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE. F. WARRANTY PROCEDURES. You need proof of purchase for warranty service. 1. United States and Canada. For warranty service or information about how to obtain a refund for software acquired in the United States and Canada, contact Microsoft at • (800) MICROSOFT; • Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399; or • visit www.microsoft.com/info/nareturns.htm. 2. Europe, Middle East and Africa. If you acquired the software in Europe, the Middle East or Africa, Microsoft Ireland Operations Limited makes this limited warranty. To make a claim under this warranty, you should contact either • Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Ireland; or • the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). 3. Outside United States, Canada, Europe, Middle East and Africa. If you acquired the software outside the United States, Canada, Europe, the Middle East and Africa, contact the Microsoft affiliate serving your country (see www.microsoft.com/worldwide). G. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM MICROSOFT. MICROSOFT GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL LAWS, MICROSOFT EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by yourlocal laws. H. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French. Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français. GARANTIE LIMITÉE A. GARANTIE LIMITÉE. Si vous suivez les instructions, le logiciel fonctionnera dans son ensemble comme il est décrit dans la documentation de Microsoft reçue avec ou dans le logiciel. 216 Notices B. DURÉE DE LA GARANTIE ; BÉNÉFICIAIRE DE LA GARANTIE ; DURÉE DE TOUTE ARANTIE IMPLICITE. La garantie limitée couvre le logiciel pendant un an après son acquisition par le premier utilisateur. Si vous recevez des compléments, des mises à jour ou un logiciel de remplacement au cours de cette année, ils seront couverts par la garantie pendant la durée restante ou pendant 30 jours, lapériode la plus longue étant retenue. Si le premier utilisateur transfère le logiciel, la durée restante de la garantie s’applique au destinataire. Dans la limite autorisée par la loi en vigueur, toute garantie ou conditionimplicite dont vous bénéficiez prendra fin au terme de la garantie limitée. Certains États n’autorisent pas les limitations portant sur la durée d’une garantie implicite, de sorte que les limitations ci-dessus peuvent ne pas vous être applicables. Elles peuvent également ne pas vous être applicables, car certains pays n’autorisent pas les limitations portant sur la durée d’une garantie ou condition implicite. C. EXCLUSIONS DE LA GARANTIE. Cette garantie ne couvre pas les problèmes engendrés par vos propres actes (ou absences d’actes), ceux de tiers ou tout autre événement indépendant de la volonté de Microsoft. D. RECOURS DANS LE CADRE DE LA VIOLATION DE GARANTIE. Nous nous engageons à réparer ou à remplacer le logiciel gratuitement. Si nous ne pouvons pas le réparer ni le remplacer, nous rembourserons le montant que vous avez payé pour le logiciel figurant sur le reçu. Nous nous engageons à réparer ou à remplacer les compléments, les mises à jour et le logiciel de remplacement gratuitement. Si nous ne pouvons pas les réparer ni les remplacer, nous rembourserons le montant que vous avez payé pour ces composants, le cas échéant. Vous devez désinstaller le logiciel et le renvoyer à Microsoft avec une preuve d’achat pour vous faire rembourser. Ces recours sont les seuls dont vous disposez dans le cadre de la violation de garantie limitée. E. DROITS DES CONSOMMATEURS NON AFFECTÉS. Vous pouvez bénéficier de droits des consommateurs supplémentaires dans le cadre du droit local, que ce contrat ne peut modifier. F. PROCÉDURES RELATIVES AUX RÉCLAMATIONS DANS LE CADRE DE LA GARANTIE. Vous devrez fournir une preuve d’achat pour obtenir de l’aide en matière de garantie. 1. États-Unis et Canada. Pour obtenir de l’aide en matière de garantie ou des informations sur la procédure à suivre pour vous faire rembourser un logiciel acquis aux États-Unis et au Canada, mettez- vous en rapport avec Microsoft • (800) MICROSOFT • Microsoft Customer Service and Support, One Microsoft Way, Redmond, WA 98052-6399 ; ou • en visitant www.microsoft.com/info/nareturns.htm. 2. Europe, Moyen-Orient et Afrique. Si vous avez acquis le logiciel en Europe, au Moyen-Orient ou en Afrique, Microsoft Ireland Operations Limited offre cette garantie limitée. Pour faire une réclamation au titre de cette garantie, vous devez vous mettre en rapport avec • Microsoft Ireland Operations Limited, Customer Care Centre, Atrium Building Block B, Carmanhall Road, Sandyford Industrial Estate, Dublin 18, Irlande ; ou • votre filiale nationale de Microsoft (visitez le site www.microsoft.com/worldwide). Notices 217 3. En dehors des États-Unis, du Canada, de l’Europe, du Moyen-Orient et de l’Afrique. Si vous avez acquis le logiciel en dehors des États-Unis, du Canada, de l’Europe, du Moyen-Orient et de l’Afrique, mettez-vous en rapport avec votrefiliale nationale de Microsoft (visitez le sitewww.microsoft.com/worldwide). G. AUCUNE AUTRE GARANTIE. La garantie limitée est la seule garantie directe deMicrosoft. Nous n’accordons aucune autre garantie ou condition expresse. Danstoute la mesure permise par le droit local, les garanties implicites de qualitémarchande, d’adéquation à un usage particulier et d’absence de contrefaçon sontexclues. Si le droit local vous accorde des garanties ou conditions implicites, nonobstant la présente exclusion, les recours dont vous disposez sont ceuxprésentés dans la clause de recours dans le cadre de la violation de garantieci-dessus, dans la limite autorisée par le droit local. H. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ DANS LE CADREDE LA VIOLATION DE GARANTIE. La clause de limitation des dommages-intérêts etexclusion de responsabilité ci-dessous s’applique aux violations de cettegarantie limitée. La présente garantie vous confère des droits légaux spécifiques et vous pouvezégalement bénéficier d’autres droits qui varient d’un État à l’autre. Vouspouvez également bénéficier d’autres droits qui varient d’un pays à l’autre. LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LESDOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs uneindemnisation en cas de dommages directs uniquement à hauteur du montant quevous avez payé pour le logiciel. Vous ne pouvez prétendre à aucune indemnisationpour les autres dommages, y compris les dommages spéciaux, indirects ouaccessoires et pertes de bénéfices. Cette limitation concerne • toute affaire liée au logiciel, aux services ou au contenu (y compris lecode) figurant sur des sites Internet tiers ou dans des programmes tiers ; et • les réclamations au titre de violation de contrat ou de garantie oucondition, ou au titre de responsabilité stricte, de négligence ou d’une autrefaute dans la limite autorisée par la loi en vigueur. Elle s’applique également, même si • la réparation, le remplacement ou le remboursement du logiciel ne compensepas intégralement toute perte subie ; ou • Microsoft connaissait l’éventualité d’un tel dommage.Certains États n’autorisent pas l’exclusion ou la limitation de responsabilitépour les dommages indirects ou accessoires, de sorte que la limitation oul’exclusion ci-dessus peut ne pas vous être applicable. Elles peuvent égalementne pas vous être applicables, car vore pays n’autorise pas l’exclusion ou lalimitation de responsabilité pour les dommages indirects, accessoires ou dequelque nature que ce soit. EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vouspourriez avoir d’autres droits prévus par les lois de votre État ou pays. Vouspourriez également avoir des droits à l’égard de la partie de qui vous avezacquis de logiciel. Le présent contrat ne modifie pas les droits que vousconfèrent les lois de votre État ou pays si celles ci ne le permettent pas. 218 Notices
2. Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, a short notice of the following form (hypertext is preferred, text is permitted) should be used within the body of any redistributed or derivative code: "Copyright © [$date-of-software] World Wide Web Consortium, (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/" 3. Notice of any changes or modifications to the W3C files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.) THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION. The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders. The following components are subject to the ANTLR License: ◆ ANTLR, ANother Tool for Language Recognition - 3.1.3 Copyright © 2005-2006 Terence Parr