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diff --git a/branches/java-post-M1/LICENSE.txt b/branches/java-post-M1/LICENSE.txt deleted file mode 100644 index 9601ead3f6..0000000000 --- a/branches/java-post-M1/LICENSE.txt +++ /dev/null @@ -1,1407 +0,0 @@ - - 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. - |