diff options
Diffstat (limited to 'tags/site-090106-pre667/site-author/license.xml')
| -rw-r--r-- | tags/site-090106-pre667/site-author/license.xml | 1419 |
1 files changed, 0 insertions, 1419 deletions
diff --git a/tags/site-090106-pre667/site-author/license.xml b/tags/site-090106-pre667/site-author/license.xml deleted file mode 100644 index 2456a435a6..0000000000 --- a/tags/site-090106-pre667/site-author/license.xml +++ /dev/null @@ -1,1419 +0,0 @@ -<?xml version="1.0" encoding="UTF-8"?>
-<document>
- <properties>
- <title>Tuscany DAS</title>
- <bannertitle>Tuscany DAS</bannertitle>
- </properties>
- <body>
- <section name="License">
- <pre>
-
- Apache License
- Version 2.0, January 2004
- http://www.apache.org/licenses/
-
- TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
-
- 1. Definitions.
-
- "License" shall mean the terms and conditions for use, reproduction,
- and distribution as defined by Sections 1 through 9 of this document.
-
- "Licensor" shall mean the copyright owner or entity authorized by
- the copyright owner that is granting the License.
-
- "Legal Entity" shall mean the union of the acting entity and all
- other entities that control, are controlled by, or are under common
- control with that entity. For the purposes of this definition,
- "control" means (i) the power, direct or indirect, to cause the
- direction or management of such entity, whether by contract or
- otherwise, or (ii) ownership of fifty percent (50%) or more of the
- outstanding shares, or (iii) beneficial ownership of such entity.
-
- "You" (or "Your") shall mean an individual or Legal Entity
- exercising permissions granted by this License.
-
- "Source" form shall mean the preferred form for making modifications,
- including but not limited to software source code, documentation
- source, and configuration files.
-
- "Object" form shall mean any form resulting from mechanical
- transformation or translation of a Source form, including but
- not limited to compiled object code, generated documentation,
- and conversions to other media types.
-
- "Work" shall mean the work of authorship, whether in Source or
- Object form, made available under the License, as indicated by a
- copyright notice that is included in or attached to the work
- (an example is provided in the Appendix below).
-
- "Derivative Works" shall mean any work, whether in Source or Object
- form, that is based on (or derived from) the Work and for which the
- editorial revisions, annotations, elaborations, or other modifications
- represent, as a whole, an original work of authorship. For the purposes
- of this License, Derivative Works shall not include works that remain
- separable from, or merely link (or bind by name) to the interfaces of,
- the Work and Derivative Works thereof.
-
- "Contribution" shall mean any work of authorship, including
- the original version of the Work and any modifications or additions
- to that Work or Derivative Works thereof, that is intentionally
- submitted to Licensor for inclusion in the Work by the copyright owner
- or by an individual or Legal Entity authorized to submit on behalf of
- the copyright owner. For the purposes of this definition, "submitted"
- means any form of electronic, verbal, or written communication sent
- to the Licensor or its representatives, including but not limited to
- communication on electronic mailing lists, source code control systems,
- and issue tracking systems that are managed by, or on behalf of, the
- Licensor for the purpose of discussing and improving the Work, but
- 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
- 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.
-
- 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 TUSCANY SUBCOMPONENTS:
-
-The Apache Tuscany distribution includes a number of subcomponents with
-separate copyright notices and license terms. Your use of the source
-code for the these subcomponents is subject to the terms and
-conditions of the following licenses.
-
-===============================================================================
-
-For the Eclipse Modeling Framework component and the Celtix binding:
-
-Eclipse Public License - v 1.0
-
-THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE
-PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF
-THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
-
-1. DEFINITIONS
-
-"Contribution" means:
-
-a) in the case of the initial Contributor, the initial code and
-documentation distributed under this Agreement, and
-b) in the case of each subsequent Contributor:
-
-i) changes to the Program, and
-
-ii) additions to the Program;
-
-where such changes and/or additions to the Program originate from and
-are distributed by that particular Contributor. A Contribution
-'originates' from a Contributor if it was added to the Program by such
-Contributor itself or anyone acting on such Contributor's behalf.
-Contributions do not include additions to the Program which: (i) are
-separate modules of software distributed in conjunction with the
-Program under their own license agreement, and (ii) are not derivative
-works of the Program.
-
-"Contributor" means any person or entity that distributes the Program.
-
-"Licensed Patents " mean patent claims licensable by a Contributor
-which are necessarily infringed by the use or sale of its Contribution
-alone or when combined with the Program.
-
-"Program" means the Contributions distributed in accordance with this
-Agreement.
-
-"Recipient" means anyone who receives the Program under this
-Agreement, including all Contributors.
-
-2. GRANT OF RIGHTS
-
-a) Subject to the terms of this Agreement, each Contributor hereby
-grants Recipient a non-exclusive, worldwide, royalty-free copyright
-license to reproduce, prepare derivative works of, publicly display,
-publicly perform, distribute and sublicense the Contribution of such
-Contributor, if any, and such derivative works, in source code and
-object code form.
-
-b) Subject to the terms of this Agreement, each Contributor hereby
-grants Recipient a non-exclusive, worldwide, royalty-free patent
-license under Licensed Patents to make, use, sell, offer to sell,
-import and otherwise transfer the Contribution of such Contributor, if
-any, in source code and object code form. This patent license shall
-apply to the combination of the Contribution and the Program if, at
-the time the Contribution is added by the Contributor, such addition
-of the Contribution causes such combination to be covered by the
-Licensed Patents. The patent license shall not apply to any other
-combinations which include the Contribution. No hardware per se is
-licensed hereunder.
-
-c) Recipient understands that although each Contributor grants the
-licenses to its Contributions set forth herein, no assurances are
-provided by any Contributor that the Program does not infringe the
-patent or other intellectual property rights of any other entity. Each
-Contributor disclaims any liability to Recipient for claims brought by
-any other entity based on infringement of intellectual property rights
-or otherwise. As a condition to exercising the rights and licenses
-granted hereunder, each Recipient hereby assumes sole responsibility
-to secure any other intellectual property rights needed, if any. For
-example, if a third party patent license is required to allow
-Recipient to distribute the Program, it is Recipient's responsibility
-to acquire that license before distributing the Program.
-
-d) Each Contributor represents that to its knowledge it has sufficient
-copyright rights in its Contribution, if any, to grant the copyright
-license set forth in this Agreement.
-
-3. REQUIREMENTS
-
-A Contributor may choose to distribute the Program in object code form
-under its own license agreement, provided that:
-
-a) it complies with the terms and conditions of this Agreement; and
-
-b) its license agreement:
-
-i) effectively disclaims on behalf of all Contributors all warranties
-and conditions, express and implied, including warranties or
-conditions of title and non-infringement, and implied warranties or
-conditions of merchantability and fitness for a particular purpose;
-
-ii) effectively excludes on behalf of all Contributors all liability
-for damages, including direct, indirect, special, incidental and
-consequential damages, such as lost profits;
-
-iii) states that any provisions which differ from this Agreement are
-offered by that Contributor alone and not by any other party; and
-
-iv) states that source code for the Program is available from such
-Contributor, and informs licensees how to obtain it in a reasonable
-manner on or through a medium customarily used for software exchange.
-
-When the Program is made available in source code form:
-
-a) it must be made available under this Agreement; and
-
-b) a copy of this Agreement must be included with each copy of the
-Program.
-
-Contributors may not remove or alter any copyright notices contained
-within the Program.
-
-Each Contributor must identify itself as the originator of its
-Contribution, if any, in a manner that reasonably allows subsequent
-Recipients to identify the originator of the Contribution.
-
-4. COMMERCIAL DISTRIBUTION
-
-Commercial distributors of software may accept certain
-responsibilities with respect to end users, business partners and the
-like. While this license is intended to facilitate the commercial use
-of the Program, the Contributor who includes the Program in a
-commercial product offering should do so in a manner which does not
-create potential liability for other Contributors. Therefore, if a
-Contributor includes the Program in a commercial product offering,
-such Contributor ("Commercial Contributor") hereby agrees to defend
-and indemnify every other Contributor ("Indemnified Contributor")
-against any losses, damages and costs (collectively "Losses") arising
-from claims, lawsuits and other legal actions brought by a third party
-against the Indemnified Contributor to the extent caused by the acts
-or omissions of such Commercial Contributor in connection with its
-distribution of the Program in a commercial product offering. The
-obligations in this section do not apply to any claims or Losses
-relating to any actual or alleged intellectual property infringement.
-In order to qualify, an Indemnified Contributor must: a) promptly
-notify the Commercial Contributor in writing of such claim, and b)
-allow the Commercial Contributor to control, and cooperate with the
-Commercial Contributor in, the defense and any related settlement
-negotiations. The Indemnified Contributor may participate in any such
-claim at its own expense.
-
-For example, a Contributor might include the Program in a commercial
-product offering, Product X. That Contributor is then a Commercial
-Contributor. If that Commercial Contributor then makes performance
-claims, or offers warranties related to Product X, those performance
-claims and warranties are such Commercial Contributor's responsibility
-alone. Under this section, the Commercial Contributor would have to
-defend claims against the other Contributors related to those
-performance claims and warranties, and if a court requires any other
-Contributor to pay any damages as a result, the Commercial Contributor
-must pay those damages.
-
-5. NO WARRANTY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS
-PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
-KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY
-WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
-OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
-responsible for determining the appropriateness of using and
-distributing the Program and assumes all risks associated with its
-exercise of rights under this Agreement , including but not limited to
-the risks and costs of program errors, compliance with applicable
-laws, damage to or loss of data, programs or equipment, and
-unavailability or interruption of operations.
-
-6. DISCLAIMER OF LIABILITY
-
-EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR
-ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT,
-INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING
-WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF
-LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
-NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR
-DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED
-HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
-
-7. GENERAL
-
-If any provision of this Agreement is invalid or unenforceable under
-applicable law, it shall not affect the validity or enforceability of
-the remainder of the terms of this Agreement, and without further
-action by the parties hereto, such provision shall be reformed to the
-minimum extent necessary to make such provision valid and enforceable.
-
-If Recipient institutes patent litigation against any entity
-(including a cross-claim or counterclaim in a lawsuit) alleging that
-the Program itself (excluding combinations of the Program with other
-software or hardware) infringes such Recipient's patent(s), then such
-Recipient's rights granted under Section 2(b) shall terminate as of
-the date such litigation is filed.
-
-All Recipient's rights under this Agreement shall terminate if it
-fails to comply with any of the material terms or conditions of this
-Agreement and does not cure such failure in a reasonable period of
-time after becoming aware of such noncompliance. If all Recipient's
-rights under this Agreement terminate, Recipient agrees to cease use
-and distribution of the Program as soon as reasonably practicable.
-However, Recipient's obligations under this Agreement and any licenses
-granted by Recipient relating to the Program shall continue and
-survive.
-
-Everyone is permitted to copy and distribute copies of this Agreement,
-but in order to avoid inconsistency the Agreement is copyrighted and
-may only be modified in the following manner. The Agreement Steward
-reserves the right to publish new versions (including revisions) of
-this Agreement from time to time. No one other than the Agreement
-Steward has the right to modify this Agreement. The Eclipse Foundation
-is the initial Agreement Steward. The Eclipse Foundation may assign
-the responsibility to serve as the Agreement Steward to a suitable
-separate entity. Each new version of the Agreement will be given a
-distinguishing version number. The Program (including Contributions)
-may always be distributed subject to the version of the Agreement
-under which it was received. In addition, after a new version of the
-Agreement is published, Contributor may elect to distribute the
-Program (including its Contributions) under the new version. Except as
-expressly stated in Sections 2(a) and 2(b) above, Recipient receives
-no rights or licenses to the intellectual property of any Contributor
-under this Agreement, whether expressly, by implication, estoppel or
-otherwise. All rights in the Program not expressly granted under this
-Agreement are reserved.
-
-This Agreement is governed by the laws of the State of New York and
-the intellectual property laws of the United States of America. No
-party to this Agreement will bring a legal action under this Agreement
-more than one year after the cause of action arose. Each party waives
-its rights to a jury trial in any resulting litigation.
-
-===============================================================================
-
-For the Rhino JavaScript container component:
-
-Netscape Public License V1.1
-
- AMENDMENTS
-
- The Netscape Public License Version 1.1 ("NPL") consists of the
- Mozilla Public License Version 1.1 with the following Amendments,
- including Exhibit A-Netscape Public License. Files identified with
- "Exhibit A-Netscape Public License" are governed by the Netscape
- Public License Version 1.1.
-
- Additional Terms applicable to the Netscape Public License.
- I. Effect.
- These additional terms described in this Netscape Public
- License -- Amendments shall apply to the Mozilla Communicator
- client code and to all Covered Code under this License.
-
- II. "Netscape's Branded Code" means Covered Code that Netscape
- distributes and/or permits others to distribute under one or more
- trademark(s) which are controlled by Netscape but which are not
- licensed for use under this License.
-
- III. Netscape and logo.
- This License does not grant any rights to use the trademarks
- "Netscape", the "Netscape N and horizon" logo or the "Netscape
- lighthouse" logo, "Netcenter", "Gecko", "Java" or "JavaScript",
- "Smart Browsing" even if such marks are included in the Original
- Code or Modifications.
-
- IV. Inability to Comply Due to Contractual Obligation.
- Prior to licensing the Original Code under this License, Netscape
- has licensed third party code for use in Netscape's Branded Code.
- To the extent that Netscape is limited contractually from making
- such third party code available under this License, Netscape may
- choose to reintegrate such code into Covered Code without being
- required to distribute such code in Source Code form, even if
- such code would otherwise be considered "Modifications" under
- this License.
-
- V. Use of Modifications and Covered Code by Initial Developer.
- V.1. In General.
- The obligations of Section 3 apply to Netscape, except to
- the extent specified in this Amendment, Section V.2 and V.3.
-
- V.2. Other Products.
- Netscape may include Covered Code in products other than the
- Netscape's Branded Code which are released by Netscape
- during the two (2) years following the release date of the
- Original Code, without such additional products becoming
- subject to the terms of this License, and may license such
- additional products on different terms from those contained
- in this License.
-
- V.3. Alternative Licensing.
- Netscape may license the Source Code of Netscape's Branded
- Code, including Modifications incorporated therein, without
- such Netscape Branded Code becoming subject to the terms of
- this License, and may license such Netscape Branded Code on
- different terms from those contained in this License.
-
- VI. Litigation.
- Notwithstanding the limitations of Section 11 above, the
- provisions regarding litigation in Section 11(a), (b) and (c) of
- the License shall apply to all disputes relating to this License.
-
- EXHIBIT A-Netscape Public License.
-
- "The contents of this file are subject to the Netscape 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/NPL/
-
- 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 Mozilla Communicator client code, released
- March 31, 1998.
-
- The Initial Developer of the Original Code is Netscape
- Communications Corporation. Portions created by Netscape are
- Copyright (C) 1998-1999 Netscape Communications Corporation. 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 NPL, 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 NPL or the
- [___] License."
-
- ----------------------------------------------------------------------
-
- 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.
-
- 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).
-
- (c) 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
-
- (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.
-
- (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.
-
-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.
-
- (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.
-
- 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-Licensed" means that the Initial
- Developer permits you to utilize portions of the Covered Code under
- Your choice of the NPL 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 (C) ______
- _______________________. 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.]
-
-
-===============================================================================
-
-For the JAX-WS Reference Implementation component:
-
-COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
-
-
- 1. Definitions.
-
- 1.1. "Contributor" means each individual or entity that
- creates or contributes to the creation of Modifications.
-
- 1.2. "Contributor Version" means the combination of the
- Original Software, prior Modifications used by a
- Contributor (if any), and the Modifications made by that
- particular Contributor.
-
- 1.3. "Covered Software" means (a) the Original Software, or
- (b) Modifications, or (c) the combination of files
- containing Original Software with files containing
- Modifications, in each case including portions thereof.
-
- 1.4. "Executable" means the Covered Software in any form
- other than Source Code.
-
- 1.5. "Initial Developer" means the individual or entity
- that first makes Original Software available under this
- License.
-
- 1.6. "Larger Work" means a work which combines Covered
- Software or portions thereof with code not governed by the
- terms of this License.
-
- 1.7. "License" means this document.
-
- 1.8. "Licensable" means having the right to grant, to the
- maximum extent possible, whether at the time of the initial
- grant or subsequently acquired, any and all of the rights
- conveyed herein.
-
- 1.9. "Modifications" means the Source Code and Executable
- form of any of the following:
-
- A. Any file that results from an addition to,
- deletion from or modification of the contents of a
- file containing Original Software or previous
- Modifications;
-
- B. Any new file that contains any part of the
- Original Software or previous Modification; or
-
- C. Any new file that is contributed or otherwise made
- available under the terms of this License.
-
- 1.10. "Original Software" means the Source Code and
- Executable form of computer software code that is
- originally released under this License.
-
- 1.11. "Patent Claims" means any patent claim(s), now owned
- or hereafter acquired, including without limitation,
- method, process, and apparatus claims, in any patent
- Licensable by grantor.
-
- 1.12. "Source Code" means (a) the common form of computer
- software code in which modifications are made and (b)
- associated documentation included in or with such code.
-
- 1.13. "You" (or "Your") means an individual or a legal
- entity exercising rights under, and complying with all of
- the terms of, this License. For legal entities, "You"
- includes any entity which controls, is controlled by, or is
- under common control with You. For purposes of this
- definition, "control" means (a) the power, direct or
- indirect, to cause the direction or management of such
- entity, whether by contract or otherwise, or (b) ownership
- of more than fifty percent (50%) of the outstanding shares
- or beneficial ownership of such entity.
-
- 2. License Grants.
-
- 2.1. The Initial Developer Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, the
- Initial Developer hereby grants You a world-wide,
- royalty-free, non-exclusive license:
-
- (a) under intellectual property rights (other than
- patent or trademark) Licensable by Initial Developer,
- to use, reproduce, modify, display, perform,
- sublicense and distribute the Original Software (or
- portions thereof), with or without Modifications,
- and/or as part of a Larger Work; and
-
- (b) under Patent Claims infringed by the making,
- using or selling of Original Software, to make, have
- made, use, practice, sell, and offer for sale, and/or
- otherwise dispose of the Original Software (or
- portions thereof).
-
- (c) The licenses granted in Sections 2.1(a) and (b)
- are effective on the date Initial Developer first
- distributes or otherwise makes the Original Software
- available to a third party under the terms of this
- License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent
- license is granted: (1) for code that You delete from
- the Original Software, or (2) for infringements
- caused by: (i) the modification of the Original
- Software, or (ii) the combination of the Original
- Software with other software or devices.
-
- 2.2. Contributor Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, each
- Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license:
-
- (a) under intellectual property rights (other than
- patent or trademark) Licensable by Contributor to
- use, reproduce, modify, display, perform, sublicense
- and distribute the Modifications created by such
- Contributor (or portions thereof), either on an
- unmodified basis, with other Modifications, as
- Covered Software and/or as part of a Larger Work; and
-
-
- (b) under Patent Claims infringed by the making,
- using, or selling of Modifications made by that
- Contributor either alone and/or in combination with
- its Contributor Version (or portions of such
- combination), to make, use, sell, offer for sale,
- have made, and/or otherwise dispose of: (1)
- Modifications made by that Contributor (or portions
- thereof); and (2) the combination of Modifications
- made by that Contributor with its Contributor Version
- (or portions of such combination).
-
- (c) The licenses granted in Sections 2.2(a) and
- 2.2(b) are effective on the date Contributor first
- distributes or otherwise makes the Modifications
- available to a third party.
-
- (d) Notwithstanding Section 2.2(b) above, no patent
- license is granted: (1) for any code that Contributor
- has deleted from the Contributor Version; (2) for
- infringements caused by: (i) third party
- modifications of Contributor Version, or (ii) the
- combination of Modifications made by that Contributor
- with other software (except as part of the
- Contributor Version) or other devices; or (3) under
- Patent Claims infringed by Covered Software in the
- absence of Modifications made by that Contributor.
-
- 3. Distribution Obligations.
-
- 3.1. Availability of Source Code.
-
- Any Covered Software that You distribute or otherwise make
- available in Executable form must also be made available in
- Source Code form and that Source Code form must be
- distributed only under the terms of this License. You must
- include a copy of this License with every copy of the
- Source Code form of the Covered Software You distribute or
- otherwise make available. You must inform recipients of any
- such Covered Software in Executable form as to how they can
- obtain such Covered Software in Source Code form in a
- reasonable manner on or through a medium customarily used
- for software exchange.
-
- 3.2. Modifications.
-
- The Modifications that You create or to which You
- contribute are governed by the terms of this License. You
- represent that You believe Your Modifications are Your
- original creation(s) and/or You have sufficient rights to
- grant the rights conveyed by this License.
-
- 3.3. Required Notices.
-
- You must include a notice in each of Your Modifications
- that identifies You as the Contributor of the Modification.
- You may not remove or alter any copyright, patent or
- trademark notices contained within the Covered Software, or
- any notices of licensing or any descriptive text giving
- attribution to any Contributor or the Initial Developer.
-
- 3.4. Application of Additional Terms.
-
- You may not offer or impose any terms on any Covered
- Software in Source Code form that alters or restricts the
- applicable version of this License or the recipients'
- rights hereunder. You may choose to offer, and to charge a
- fee for, warranty, support, indemnity or liability
- obligations to one or more recipients of Covered Software.
- However, you may do so only on Your own behalf, and not on
- behalf of the Initial Developer or any Contributor. You
- must make it absolutely clear that any such warranty,
- support, indemnity or liability obligation is offered by
- You alone, and You hereby agree to indemnify the Initial
- Developer and every Contributor for any liability incurred
- by the Initial Developer or such Contributor as a result of
- warranty, support, indemnity or liability terms You offer.
-
-
- 3.5. Distribution of Executable Versions.
-
- You may distribute the Executable form of the Covered
- Software under the terms of this License or under the terms
- of a license of Your choice, which may contain terms
- different from this License, provided that You are in
- compliance with the terms of this License and that the
- license for the Executable form does not attempt to limit
- or alter the recipient's rights in the Source Code form
- from the rights set forth in this License. If You
- distribute the Covered Software in Executable form under a
- different license, You must make it absolutely clear that
- any terms which differ from this License are offered by You
- alone, not by the Initial Developer or Contributor. You
- hereby agree to indemnify the Initial Developer and every
- Contributor for any liability incurred by the Initial
- Developer or such Contributor as a result of any such terms
- You offer.
-
- 3.6. Larger Works.
-
- You may create a Larger Work by combining Covered Software
- with other code not governed by the terms of this License
- and distribute the Larger Work as a single product. In such
- a case, You must make sure the requirements of this License
- are fulfilled for the Covered Software.
-
- 4. Versions of the License.
-
- 4.1. New Versions.
-
- Sun Microsystems, Inc. is the initial license steward and
- may publish revised and/or new versions of this License
- from time to time. Each version will be given a
- distinguishing version number. Except as provided in
- Section 4.3, no one other than the license steward has the
- right to modify this License.
-
- 4.2. Effect of New Versions.
-
- You may always continue to use, distribute or otherwise
- make the Covered Software available under the terms of the
- version of the License under which You originally received
- the Covered Software. If the Initial Developer includes a
- notice in the Original Software prohibiting it from being
- distributed or otherwise made available under any
- subsequent version of the License, You must distribute and
- make the Covered Software available under the terms of the
- version of the License under which You originally received
- the Covered Software. Otherwise, You may also choose to
- use, distribute or otherwise make the Covered Software
- available under the terms of any subsequent version of the
- License published by the license steward.
-
- 4.3. Modified Versions.
-
- When You are an Initial Developer and You want to create a
- new license for Your Original Software, You may create and
- use a modified version of this License if You: (a) rename
- the license and remove any references to the name of the
- license steward (except to note that the license differs
- from this License); and (b) otherwise make it clear that
- the license contains terms which differ from this License.
-
-
- 5. DISCLAIMER OF WARRANTY.
-
- COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
- BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
- SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
- PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
- PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
- COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
- INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
- ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
- WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
- ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
- DISCLAIMER.
-
- 6. TERMINATION.
-
- 6.1. This License and the rights granted hereunder will
- terminate automatically if You fail to comply with terms
- herein and fail to cure such breach within 30 days of
- becoming aware of the breach. Provisions which, by their
- nature, must remain in effect beyond the termination of
- this License shall survive.
-
- 6.2. If You assert a patent infringement claim (excluding
- declaratory judgment actions) against Initial Developer or
- a Contributor (the Initial Developer or Contributor against
- whom You assert such claim is referred to as "Participant")
- alleging that the Participant Software (meaning the
- Contributor Version where the Participant is a Contributor
- or the Original Software where the Participant is the
- Initial Developer) directly or indirectly infringes any
- patent, then any and all rights granted directly or
- indirectly to You by such Participant, the Initial
- Developer (if the Initial Developer is not the Participant)
- and all Contributors under Sections 2.1 and/or 2.2 of this
- License shall, upon 60 days notice from Participant
- terminate prospectively and automatically at the expiration
- of such 60 day notice period, unless if within such 60 day
- period You withdraw Your claim with respect to the
- Participant Software against such Participant either
- unilaterally or pursuant to a written agreement with
- Participant.
-
- 6.3. In the event of termination under Sections 6.1 or 6.2
- above, all end user licenses that have been validly granted
- by You or any distributor hereunder prior to termination
- (excluding licenses granted to You by any distributor)
- shall survive termination.
-
- 7. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
- INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
- COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
- LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
- CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
- LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
- STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
- COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
- INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
- LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
- INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
- APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
- CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
- APPLY TO YOU.
-
- 8. U.S. GOVERNMENT END USERS.
-
- The Covered Software is a "commercial item," as that term is
- defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
- computer software" (as that term is defined at 48 C.F.R.
- 252.227-7014(a)(1)) and "commercial computer software
- documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
- 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
- through 227.7202-4 (June 1995), all U.S. Government End Users
- acquire Covered Software with only those rights set forth herein.
- This U.S. Government Rights clause is in lieu of, and supersedes,
- any other FAR, DFAR, or other clause or provision that addresses
- Government rights in computer software under this License.
-
- 9. MISCELLANEOUS.
-
- This License represents the complete agreement concerning subject
- matter hereof. If any provision of this License is held to be
- unenforceable, such provision shall be reformed only to the
- extent necessary to make it enforceable. This License shall be
- governed by the law of the jurisdiction specified in a notice
- contained within the Original Software (except to the extent
- applicable law, if any, provides otherwise), excluding such
- jurisdiction's conflict-of-law provisions. Any litigation
- relating to this License shall be subject to the jurisdiction of
- the courts located in the jurisdiction and venue specified in a
- notice contained within the Original Software, with the losing
- party responsible for costs, including, without limitation, court
- costs and reasonable attorneys' fees and expenses. The
- application of the United Nations Convention on Contracts for the
- International Sale of Goods is expressly excluded. Any law or
- regulation which provides that the language of a contract shall
- be construed against the drafter shall not apply to this License.
- You agree that You alone are responsible for compliance with the
- United States export administration regulations (and the export
- control laws and regulation of any other countries) when You use,
- distribute or otherwise make available any Covered Software.
-
- 10. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or
- indirectly, out of its utilization of rights under this License
- and You agree to work with Initial Developer and Contributors to
- distribute such responsibility on an equitable basis. Nothing
- herein is intended or shall be deemed to constitute any admission
- of liability.
- </pre>
- </section>
- </body>
-</document>
|