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2 Apache License
3 Version 2.0, January 2004
4 http://www.apache.org/licenses/
5
6 TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
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8 1. Definitions.
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177 END OF TERMS AND CONDITIONS
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179 APPENDIX: How to apply the Apache License to your work.
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192 Licensed under the Apache License, Version 2.0 (the "License");
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196 http://www.apache.org/licenses/LICENSE-2.0
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205
206APACHE TOMCAT SUBCOMPONENTS:
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208Apache Tomcat includes a number of subcomponents with separate copyright notices
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212
213For the Eclipse JDT Java compiler:
214
215Eclipse Public License - v 1.0
216
217THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC
218LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
219CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
220
2211. DEFINITIONS
222
223"Contribution" means:
224
225a) in the case of the initial Contributor, the initial code and documentation
226distributed under this Agreement, and
227
228b) in the case of each subsequent Contributor:
229
230i) changes to the Program, and
231
232ii) additions to the Program;
233
234where such changes and/or additions to the Program originate from and are
235distributed by that particular Contributor. A Contribution 'originates' from a
236Contributor if it was added to the Program by such Contributor itself or anyone
237acting on such Contributor's behalf. Contributions do not include additions to
238the Program which: (i) are separate modules of software distributed in
239conjunction with the Program under their own license agreement, and (ii) are not
240derivative works of the Program.
241
242"Contributor" means any person or entity that distributes the Program.
243
244"Licensed Patents" mean patent claims licensable by a Contributor which are
245necessarily infringed by the use or sale of its Contribution alone or when
246combined with the Program.
247
248"Program" means the Contributions distributed in accordance with this Agreement.
249
250"Recipient" means anyone who receives the Program under this Agreement,
251including all Contributors.
252
2532. GRANT OF RIGHTS
254
255a) Subject to the terms of this Agreement, each Contributor hereby grants
256Recipient a non-exclusive, worldwide, royalty-free copyright license to
257reproduce, prepare derivative works of, publicly display, publicly perform,
258distribute and sublicense the Contribution of such Contributor, if any, and such
259derivative works, in source code and object code form.
260
261b) Subject to the terms of this Agreement, each Contributor hereby grants
262Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
263Patents to make, use, sell, offer to sell, import and otherwise transfer the
264Contribution of such Contributor, if any, in source code and object code form.
265This patent license shall apply to the combination of the Contribution and the
266Program if, at the time the Contribution is added by the Contributor, such
267addition of the Contribution causes such combination to be covered by the
268Licensed Patents. The patent license shall not apply to any other combinations
269which include the Contribution. No hardware per se is licensed hereunder.
270
271c) Recipient understands that although each Contributor grants the licenses to
272its Contributions set forth herein, no assurances are provided by any
273Contributor that the Program does not infringe the patent or other intellectual
274property rights of any other entity. Each Contributor disclaims any liability to
275Recipient for claims brought by any other entity based on infringement of
276intellectual property rights or otherwise. As a condition to exercising the
277rights and licenses granted hereunder, each Recipient hereby assumes sole
278responsibility to secure any other intellectual property rights needed, if any.
279For example, if a third party patent license is required to allow Recipient to
280distribute the Program, it is Recipient's responsibility to acquire that license
281before distributing the Program.
282
283d) Each Contributor represents that to its knowledge it has sufficient copyright
284rights in its Contribution, if any, to grant the copyright license set forth in
285this Agreement.
286
2873. REQUIREMENTS
288
289A Contributor may choose to distribute the Program in object code form under its
290own license agreement, provided that:
291
292a) it complies with the terms and conditions of this Agreement; and
293
294b) its license agreement:
295
296i) effectively disclaims on behalf of all Contributors all warranties and
297conditions, express and implied, including warranties or conditions of title and
298non-infringement, and implied warranties or conditions of merchantability and
299fitness for a particular purpose;
300
301ii) effectively excludes on behalf of all Contributors all liability for
302damages, including direct, indirect, special, incidental and consequential
303damages, such as lost profits;
304
305iii) states that any provisions which differ from this Agreement are offered by
306that Contributor alone and not by any other party; and
307
308iv) states that source code for the Program is available from such Contributor,
309and informs licensees how to obtain it in a reasonable manner on or through a
310medium customarily used for software exchange.
311
312When the Program is made available in source code form:
313
314a) it must be made available under this Agreement; and
315
316b) a copy of this Agreement must be included with each copy of the Program.
317
318Contributors may not remove or alter any copyright notices contained within the
319Program.
320
321Each Contributor must identify itself as the originator of its Contribution, if
322any, in a manner that reasonably allows subsequent Recipients to identify the
323originator of the Contribution.
324
3254. COMMERCIAL DISTRIBUTION
326
327Commercial distributors of software may accept certain responsibilities with
328respect to end users, business partners and the like. While this license is
329intended to facilitate the commercial use of the Program, the Contributor who
330includes the Program in a commercial product offering should do so in a manner
331which does not create potential liability for other Contributors. Therefore, if
332a Contributor includes the Program in a commercial product offering, such
333Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
334every other Contributor ("Indemnified Contributor") against any losses, damages
335and costs (collectively "Losses") arising from claims, lawsuits and other legal
336actions brought by a third party against the Indemnified Contributor to the
337extent caused by the acts or omissions of such Commercial Contributor in
338connection with its distribution of the Program in a commercial product
339offering. The obligations in this section do not apply to any claims or Losses
340relating to any actual or alleged intellectual property infringement. In order
341to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
342Contributor in writing of such claim, and b) allow the Commercial Contributor
343to control, and cooperate with the Commercial Contributor in, the defense and
344any related settlement negotiations. The Indemnified Contributor may
345participate in any such claim at its own expense.
346
347For example, a Contributor might include the Program in a commercial product
348offering, Product X. That Contributor is then a Commercial Contributor. If that
349Commercial Contributor then makes performance claims, or offers warranties
350related to Product X, those performance claims and warranties are such
351Commercial Contributor's responsibility alone. Under this section, the
352Commercial Contributor would have to defend claims against the other
353Contributors related to those performance claims and warranties, and if a court
354requires any other Contributor to pay any damages as a result, the Commercial
355Contributor must pay those damages.
356
3575. NO WARRANTY
358
359EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
360"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
361IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
362NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
363Recipient is solely responsible for determining the appropriateness of using and
364distributing the Program and assumes all risks associated with its exercise of
365rights under this Agreement , including but not limited to the risks and costs
366of program errors, compliance with applicable laws, damage to or loss of data,
367programs or equipment, and unavailability or interruption of operations.
368
3696. DISCLAIMER OF LIABILITY
370
371EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
372CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
373SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
374PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
375STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
376OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
377GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
378
3797. GENERAL
380
381If any provision of this Agreement is invalid or unenforceable under applicable
382law, it shall not affect the validity or enforceability of the remainder of the
383terms of this Agreement, and without further action by the parties hereto, such
384provision shall be reformed to the minimum extent necessary to make such
385provision valid and enforceable.
386
387If Recipient institutes patent litigation against any entity (including a
388cross-claim or counterclaim in a lawsuit) alleging that the Program itself
389(excluding combinations of the Program with other software or hardware)
390infringes such Recipient's patent(s), then such Recipient's rights granted under
391Section 2(b) shall terminate as of the date such litigation is filed.
392
393All Recipient's rights under this Agreement shall terminate if it fails to
394comply with any of the material terms or conditions of this Agreement and does
395not cure such failure in a reasonable period of time after becoming aware of
396such noncompliance. If all Recipient's rights under this Agreement terminate,
397Recipient agrees to cease use and distribution of the Program as soon as
398reasonably practicable. However, Recipient's obligations under this Agreement
399and any licenses granted by Recipient relating to the Program shall continue and
400survive.
401
402Everyone is permitted to copy and distribute copies of this Agreement, but in
403order to avoid inconsistency the Agreement is copyrighted and may only be
404modified in the following manner. The Agreement Steward reserves the right to
405publish new versions (including revisions) of this Agreement from time to time.
406No one other than the Agreement Steward has the right to modify this Agreement.
407The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation
408may assign the responsibility to serve as the Agreement Steward to a suitable
409separate entity. Each new version of the Agreement will be given a
410distinguishing version number. The Program (including Contributions) may always
411be distributed subject to the version of the Agreement under which it was
412received. In addition, after a new version of the Agreement is published,
413Contributor may elect to distribute the Program (including its Contributions)
414under the new version. Except as expressly stated in Sections 2(a) and 2(b)
415above, Recipient receives no rights or licenses to the intellectual property of
416any Contributor under this Agreement, whether expressly, by implication,
417estoppel or otherwise. All rights in the Program not expressly granted under
418this Agreement are reserved.
419
420This Agreement is governed by the laws of the State of New York and the
421intellectual property laws of the United States of America. No party to this
422Agreement will bring a legal action under this Agreement more than one year
423after the cause of action arose. Each party waives its rights to a jury trial in
424any resulting litigation.
425
426
427For the Windows Installer component:
428
429 * All NSIS source code, plug-ins, documentation, examples, header files and
430 graphics, with the exception of the compression modules and where
431 otherwise noted, are licensed under the zlib/libpng license.
432 * The zlib compression module for NSIS is licensed under the zlib/libpng
433 license.
434 * The bzip2 compression module for NSIS is licensed under the bzip2 license.
435 * The lzma compression module for NSIS is licensed under the Common Public
436 License version 1.0.
437
438zlib/libpng license
439
440This software is provided 'as-is', without any express or implied warranty. In
441no event will the authors be held liable for any damages arising from the use of
442this software.
443
444Permission is granted to anyone to use this software for any purpose, including
445commercial applications, and to alter it and redistribute it freely, subject to
446the following restrictions:
447
448 1. The origin of this software must not be misrepresented; you must not claim
449 that you wrote the original software. If you use this software in a
450 product, an acknowledgment in the product documentation would be
451 appreciated but is not required.
452 2. Altered source versions must be plainly marked as such, and must not be
453 misrepresented as being the original software.
454 3. This notice may not be removed or altered from any source distribution.
455
456bzip2 license
457
458Redistribution and use in source and binary forms, with or without modification,
459are permitted provided that the following conditions are met:
460
461 1. Redistributions of source code must retain the above copyright notice,
462 this list of conditions and the following disclaimer.
463 2. The origin of this software must not be misrepresented; you must not claim
464 that you wrote the original software. If you use this software in a
465 product, an acknowledgment in the product documentation would be
466 appreciated but is not required.
467 3. Altered source versions must be plainly marked as such, and must not be
468 misrepresented as being the original software.
469 4. The name of the author may not be used to endorse or promote products
470 derived from this software without specific prior written permission.
471
472THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED
473WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
474MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
475SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
476EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
477OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
478INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
479CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
480IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
481OF SUCH DAMAGE.
482
483Julian Seward, Cambridge, UK.
484
485jseward@acm.org
486Common Public License version 1.0
487
488THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
489LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
490CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
491
4921. DEFINITIONS
493
494"Contribution" means:
495
496a) in the case of the initial Contributor, the initial code and documentation
497distributed under this Agreement, and b) in the case of each subsequent
498Contributor:
499
500i) changes to the Program, and
501
502ii) additions to the Program;
503
504where such changes and/or additions to the Program originate from and are
505distributed by that particular Contributor. A Contribution 'originates' from a
506Contributor if it was added to the Program by such Contributor itself or anyone
507acting on such Contributor's behalf. Contributions do not include additions to
508the Program which: (i) are separate modules of software distributed in
509conjunction with the Program under their own license agreement, and (ii) are not
510derivative works of the Program.
511
512"Contributor" means any person or entity that distributes the Program.
513
514"Licensed Patents " mean patent claims licensable by a Contributor which are
515necessarily infringed by the use or sale of its Contribution alone or when
516combined with the Program.
517
518"Program" means the Contributions distributed in accordance with this Agreement.
519
520"Recipient" means anyone who receives the Program under this Agreement,
521including all Contributors.
522
5232. GRANT OF RIGHTS
524
525a) Subject to the terms of this Agreement, each Contributor hereby grants
526Recipient a non-exclusive, worldwide, royalty-free copyright license to
527reproduce, prepare derivative works of, publicly display, publicly perform,
528distribute and sublicense the Contribution of such Contributor, if any, and such
529derivative works, in source code and object code form.
530
531b) Subject to the terms of this Agreement, each Contributor hereby grants
532Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
533Patents to make, use, sell, offer to sell, import and otherwise transfer the
534Contribution of such Contributor, if any, in source code and object code form.
535This patent license shall apply to the combination of the Contribution and the
536Program if, at the time the Contribution is added by the Contributor, such
537addition of the Contribution causes such combination to be covered by the
538Licensed Patents. The patent license shall not apply to any other combinations
539which include the Contribution. No hardware per se is licensed hereunder.
540
541c) Recipient understands that although each Contributor grants the licenses to
542its Contributions set forth herein, no assurances are provided by any
543Contributor that the Program does not infringe the patent or other intellectual
544property rights of any other entity. Each Contributor disclaims any liability to
545Recipient for claims brought by any other entity based on infringement of
546intellectual property rights or otherwise. As a condition to exercising the
547rights and licenses granted hereunder, each Recipient hereby assumes sole
548responsibility to secure any other intellectual property rights needed, if any.
549For example, if a third party patent license is required to allow Recipient to
550distribute the Program, it is Recipient's responsibility to acquire that license
551before distributing the Program.
552
553d) Each Contributor represents that to its knowledge it has sufficient copyright
554rights in its Contribution, if any, to grant the copyright license set forth in
555this Agreement.
556
5573. REQUIREMENTS
558
559A Contributor may choose to distribute the Program in object code form under its
560own license agreement, provided that:
561
562a) it complies with the terms and conditions of this Agreement; and
563
564b) its license agreement:
565
566i) effectively disclaims on behalf of all Contributors all warranties and
567conditions, express and implied, including warranties or conditions of title and
568non-infringement, and implied warranties or conditions of merchantability and
569fitness for a particular purpose;
570
571ii) effectively excludes on behalf of all Contributors all liability for
572damages, including direct, indirect, special, incidental and consequential
573damages, such as lost profits;
574
575iii) states that any provisions which differ from this Agreement are offered by
576that Contributor alone and not by any other party; and
577
578iv) states that source code for the Program is available from such Contributor,
579and informs licensees how to obtain it in a reasonable manner on or through a
580medium customarily used for software exchange.
581
582When the Program is made available in source code form:
583
584a) it must be made available under this Agreement; and
585
586b) a copy of this Agreement must be included with each copy of the Program.
587
588Contributors may not remove or alter any copyright notices contained within the
589Program.
590
591Each Contributor must identify itself as the originator of its Contribution, if
592any, in a manner that reasonably allows subsequent Recipients to identify the
593originator of the Contribution.
594
5954. COMMERCIAL DISTRIBUTION
596
597Commercial distributors of software may accept certain responsibilities with
598respect to end users, business partners and the like. While this license is
599intended to facilitate the commercial use of the Program, the Contributor who
600includes the Program in a commercial product offering should do so in a manner
601which does not create potential liability for other Contributors. Therefore, if
602a Contributor includes the Program in a commercial product offering, such
603Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
604every other Contributor ("Indemnified Contributor") against any losses, damages
605and costs (collectively "Losses") arising from claims, lawsuits and other legal
606actions brought by a third party against the Indemnified Contributor to the
607extent caused by the acts or omissions of such Commercial Contributor in
608connection with its distribution of the Program in a commercial product
609offering. The obligations in this section do not apply to any claims or Losses
610relating to any actual or alleged intellectual property infringement. In order
611to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
612Contributor in writing of such claim, and b) allow the Commercial Contributor to
613control, and cooperate with the Commercial Contributor in, the defense and any
614related settlement negotiations. The Indemnified Contributor may participate in
615any such claim at its own expense.
616
617For example, a Contributor might include the Program in a commercial product
618offering, Product X. That Contributor is then a Commercial Contributor. If that
619Commercial Contributor then makes performance claims, or offers warranties
620related to Product X, those performance claims and warranties are such
621Commercial Contributor's responsibility alone. Under this section, the
622Commercial Contributor would have to defend claims against the other
623Contributors related to those performance claims and warranties, and if a court
624requires any other Contributor to pay any damages as a result, the Commercial
625Contributor must pay those damages.
626
6275. NO WARRANTY
628
629EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
630"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
631IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
632NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
633Recipient is solely responsible for determining the appropriateness of using and
634distributing the Program and assumes all risks associated with its exercise of
635rights under this Agreement, including but not limited to the risks and costs of
636program errors, compliance with applicable laws, damage to or loss of data,
637programs or equipment, and unavailability or interruption of operations.
638
6396. DISCLAIMER OF LIABILITY
640
641EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
642CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
643SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
644PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
645STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
646OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
647GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
648
6497. GENERAL
650
651If any provision of this Agreement is invalid or unenforceable under applicable
652law, it shall not affect the validity or enforceability of the remainder of the
653terms of this Agreement, and without further action by the parties hereto, such
654provision shall be reformed to the minimum extent necessary to make such
655provision valid and enforceable.
656
657If Recipient institutes patent litigation against a Contributor with respect to
658a patent applicable to software (including a cross-claim or counterclaim in a
659lawsuit), then any patent licenses granted by that Contributor to such Recipient
660under this Agreement shall terminate as of the date such litigation is filed. In
661addition, if Recipient institutes patent litigation against any entity
662(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
663itself (excluding combinations of the Program with other software or hardware)
664infringes such Recipient's patent(s), then such Recipient's rights granted under
665Section 2(b) shall terminate as of the date such litigation is filed.
666
667All Recipient's rights under this Agreement shall terminate if it fails to
668comply with any of the material terms or conditions of this Agreement and does
669not cure such failure in a reasonable period of time after becoming aware of
670such noncompliance. If all Recipient's rights under this Agreement terminate,
671Recipient agrees to cease use and distribution of the Program as soon as
672reasonably practicable. However, Recipient's obligations under this Agreement
673and any licenses granted by Recipient relating to the Program shall continue and
674survive.
675
676Everyone is permitted to copy and distribute copies of this Agreement, but in
677order to avoid inconsistency the Agreement is copyrighted and may only be
678modified in the following manner. The Agreement Steward reserves the right to
679publish new versions (including revisions) of this Agreement from time to time.
680No one other than the Agreement Steward has the right to modify this Agreement.
681IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
682as the Agreement Steward to a suitable separate entity. Each new version of the
683Agreement will be given a distinguishing version number. The Program (including
684Contributions) may always be distributed subject to the version of the Agreement
685under which it was received. In addition, after a new version of the Agreement
686is published, Contributor may elect to distribute the Program (including its
687Contributions) under the new version. Except as expressly stated in Sections
6882(a) and 2(b) above, Recipient receives no rights or licenses to the
689intellectual property of any Contributor under this Agreement, whether
690expressly, by implication, estoppel or otherwise. All rights in the Program not
691expressly granted under this Agreement are reserved.
692
693This Agreement is governed by the laws of the State of New York and the
694intellectual property laws of the United States of America. No party to this
695Agreement will bring a legal action under this Agreement more than one year
696after the cause of action arose. Each party waives its rights to a jury trial in
697any resulting litigation.
698
699Special exception for LZMA compression module
700
701Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for
702NSIS, expressly permit you to statically or dynamically link your code (or bind
703by name) to the files from the LZMA compression module for NSIS without
704subjecting your linked code to the terms of the Common Public license version
7051.0. Any modifications or additions to files from the LZMA compression module
706for NSIS, however, are subject to the terms of the Common Public License version
7071.0.
708
709
710For the following XML Schemas for Java EE Deployment Descriptors:
711 - javaee_5.xsd
712 - javaee_web_services_1_2.xsd
713 - javaee_web_services_client_1_2.xsd
714
715COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
716
7171. Definitions.
718
719 1.1. Contributor. means each individual or entity that creates or contributes
720 to the creation of Modifications.
721
722 1.2. Contributor Version. means the combination of the Original Software,
723 prior Modifications used by a Contributor (if any), and the
724 Modifications made by that particular Contributor.
725
726 1.3. Covered Software. means (a) the Original Software, or (b) Modifications,
727 or (c) the combination of files containing Original Software with files
728 containing Modifications, in each case including portions thereof.
729
730 1.4. Executable. means the Covered Software in any form other than Source
731 Code.
732
733 1.5. Initial Developer. means the individual or entity that first makes
734 Original Software available under this License.
735
736 1.6. Larger Work. means a work which combines Covered Software or portions
737 thereof with code not governed by the terms of this License.
738
739 1.7. License. means this document.
740
741 1.8. Licensable. means having the right to grant, to the maximum extent
742 possible, whether at the time of the initial grant or subsequently
743 acquired, any and all of the rights conveyed herein.
744
745 1.9. Modifications. means the Source Code and Executable form of any of the
746 following:
747
748 A. Any file that results from an addition to, deletion from or
749 modification of the contents of a file containing Original Software
750 or previous Modifications;
751
752 B. Any new file that contains any part of the Original Software or
753 previous Modification; or
754
755 C. Any new file that is contributed or otherwise made available under
756 the terms of this License.
757
758 1.10. Original Software. means the Source Code and Executable form of
759 computer software code that is originally released under this License.
760
761 1.11. Patent Claims. means any patent claim(s), now owned or hereafter
762 acquired, including without limitation, method, process, and apparatus
763 claims, in any patent Licensable by grantor.
764
765 1.12. Source Code. means (a) the common form of computer software code in
766 which modifications are made and (b) associated documentation included
767 in or with such code.
768
769 1.13. You. (or .Your.) means an individual or a legal entity exercising
770 rights under, and complying with all of the terms of, this License. For
771 legal entities, .You. includes any entity which controls, is controlled
772 by, or is under common control with You. For purposes of this
773 definition, .control. means (a) the power, direct or indirect, to cause
774 the direction or management of such entity, whether by contract or
775 otherwise, or (b) ownership of more than fifty percent (50%) of the
776 outstanding shares or beneficial ownership of such entity.
777
7782. License Grants.
779
780 2.1. The Initial Developer Grant.
781
782 Conditioned upon Your compliance with Section 3.1 below and subject to
783 third party intellectual property claims, the Initial Developer hereby
784 grants You a world-wide, royalty-free, non-exclusive license:
785
786 (a) under intellectual property rights (other than patent or trademark)
787 Licensable by Initial Developer, to use, reproduce, modify, display,
788 perform, sublicense and distribute the Original Software (or
789 portions thereof), with or without Modifications, and/or as part of
790 a Larger Work; and
791
792 (b) under Patent Claims infringed by the making, using or selling of
793 Original Software, to make, have made, use, practice, sell, and
794 offer for sale, and/or otherwise dispose of the Original Software
795 (or portions thereof).
796
797 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the
798 date Initial Developer first distributes or otherwise makes the
799 Original Software available to a third party under the terms of this
800 License.
801
802 (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
803 (1) for code that You delete from the Original Software, or (2) for
804 infringements caused by: (i) the modification of the Original
805 Software, or (ii) the combination of the Original Software with
806 other software or devices.
807
808 2.2. Contributor Grant.
809
810 Conditioned upon Your compliance with Section 3.1 below and subject to third
811 party intellectual property claims, each Contributor hereby grants You a
812 world-wide, royalty-free, non-exclusive license:
813
814 (a) under intellectual property rights (other than patent or trademark)
815 Licensable by Contributor to use, reproduce, modify, display,
816 perform, sublicense and distribute the Modifications created by such
817 Contributor (or portions thereof), either on an unmodified basis,
818 with other Modifications, as Covered Software and/or as part of a
819 Larger Work; and
820
821 (b) under Patent Claims infringed by the making, using, or selling of
822 Modifications made by that Contributor either alone and/or in
823 combination with its Contributor Version (or portions of such
824 combination), to make, use, sell, offer for sale, have made, and/or
825 otherwise dispose of: (1) Modifications made by that Contributor (or
826 portions thereof); and (2) the combination of Modifications made by
827 that Contributor with its Contributor Version (or portions of such
828 combination).
829
830 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
831 the date Contributor first distributes or otherwise makes the
832 Modifications available to a third party.
833
834 (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
835 (1) for any code that Contributor has deleted from the Contributor
836 Version; (2) for infringements caused by: (i) third party
837 modifications of Contributor Version, or (ii) the combination of
838 Modifications made by that Contributor with other software (except
839 as part of the Contributor Version) or other devices; or (3) under
840 Patent Claims infringed by Covered Software in the absence of
841 Modifications made by that Contributor.
842
8433. Distribution Obligations.
844
845 3.1. Availability of Source Code.
846 Any Covered Software that You distribute or otherwise make available in
847 Executable form must also be made available in Source Code form and that
848 Source Code form must be distributed only under the terms of this License.
849 You must include a copy of this License with every copy of the Source Code
850 form of the Covered Software You distribute or otherwise make available.
851 You must inform recipients of any such Covered Software in Executable form
852 as to how they can obtain such Covered Software in Source Code form in a
853 reasonable manner on or through a medium customarily used for software
854 exchange.
855
856 3.2. Modifications.
857 The Modifications that You create or to which You contribute are governed
858 by the terms of this License. You represent that You believe Your
859 Modifications are Your original creation(s) and/or You have sufficient
860 rights to grant the rights conveyed by this License.
861
862 3.3. Required Notices.
863 You must include a notice in each of Your Modifications that identifies
864 You as the Contributor of the Modification. You may not remove or alter
865 any copyright, patent or trademark notices contained within the Covered
866 Software, or any notices of licensing or any descriptive text giving
867 attribution to any Contributor or the Initial Developer.
868
869 3.4. Application of Additional Terms.
870 You may not offer or impose any terms on any Covered Software in Source
871 Code form that alters or restricts the applicable version of this License
872 or the recipients. rights hereunder. You may choose to offer, and to
873 charge a fee for, warranty, support, indemnity or liability obligations to
874 one or more recipients of Covered Software. However, you may do so only on
875 Your own behalf, and not on behalf of the Initial Developer or any
876 Contributor. You must make it absolutely clear that any such warranty,
877 support, indemnity or liability obligation is offered by You alone, and
878 You hereby agree to indemnify the Initial Developer and every Contributor
879 for any liability incurred by the Initial Developer or such Contributor as
880 a result of warranty, support, indemnity or liability terms You offer.
881
882 3.5. Distribution of Executable Versions.
883 You may distribute the Executable form of the Covered Software under the
884 terms of this License or under the terms of a license of Your choice,
885 which may contain terms different from this License, provided that You are
886 in compliance with the terms of this License and that the license for the
887 Executable form does not attempt to limit or alter the recipient.s rights
888 in the Source Code form from the rights set forth in this License. If You
889 distribute the Covered Software in Executable form under a different
890 license, You must make it absolutely clear that any terms which differ
891 from this License are offered by You alone, not by the Initial Developer
892 or Contributor. You hereby agree to indemnify the Initial Developer and
893 every Contributor for any liability incurred by the Initial Developer or
894 such Contributor as a result of any such terms You offer.
895
896 3.6. Larger Works.
897 You may create a Larger Work by combining Covered Software with other code
898 not governed by the terms of this License and distribute the Larger Work
899 as a single product. In such a case, You must make sure the requirements
900 of this License are fulfilled for the Covered Software.
901
9024. Versions of the License.
903
904 4.1. New Versions.
905 Sun Microsystems, Inc. is the initial license steward and may publish
906 revised and/or new versions of this License from time to time. Each
907 version will be given a distinguishing version number. Except as provided
908 in Section 4.3, no one other than the license steward has the right to
909 modify this License.
910
911 4.2. Effect of New Versions.
912 You may always continue to use, distribute or otherwise make the Covered
913 Software available under the terms of the version of the License under
914 which You originally received the Covered Software. If the Initial
915 Developer includes a notice in the Original Software prohibiting it from
916 being distributed or otherwise made available under any subsequent version
917 of the License, You must distribute and make the Covered Software
918 available under the terms of the version of the License under which You
919 originally received the Covered Software. Otherwise, You may also choose
920 to use, distribute or otherwise make the Covered Software available under
921 the terms of any subsequent version of the License published by the
922 license steward.
923
924 4.3. Modified Versions.
925 When You are an Initial Developer and You want to create a new license for
926 Your Original Software, You may create and use a modified version of this
927 License if You: (a) rename the license and remove any references to the
928 name of the license steward (except to note that the license differs from
929 this License); and (b) otherwise make it clear that the license contains
930 terms which differ from this License.
931
9325. DISCLAIMER OF WARRANTY.
933
934 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT
935 WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
936 LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
937 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
938 AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
939 ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
940 DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
941 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
942 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
943 HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
944
9456. TERMINATION.
946
947 6.1. This License and the rights granted hereunder will terminate
948 automatically if You fail to comply with terms herein and fail to
949 cure such breach within 30 days of becoming aware of the breach.
950 Provisions which, by their nature, must remain in effect beyond the
951 termination of this License shall survive.
952
953 6.2. If You assert a patent infringement claim (excluding declaratory
954 judgment actions) against Initial Developer or a Contributor (the
955 Initial Developer or Contributor against whom You assert such claim
956 is referred to as .Participant.) alleging that the Participant
957 Software (meaning the Contributor Version where the Participant is a
958 Contributor or the Original Software where the Participant is the
959 Initial Developer) directly or indirectly infringes any patent, then
960 any and all rights granted directly or indirectly to You by such
961 Participant, the Initial Developer (if the Initial Developer is not
962 the Participant) and all Contributors under Sections 2.1 and/or 2.2
963 of this License shall, upon 60 days notice from Participant terminate
964 prospectively and automatically at the expiration of such 60 day
965 notice period, unless if within such 60 day period You withdraw Your
966 claim with respect to the Participant Software against such
967 Participant either unilaterally or pursuant to a written agreement
968 with Participant.
969
970 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
971 user licenses that have been validly granted by You or any
972 distributor hereunder prior to termination (excluding licenses
973 granted to You by any distributor) shall survive termination.
974
9757. LIMITATION OF LIABILITY.
976
977 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
978 NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
979 OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
980 ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
981 INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
982 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
983 COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
984 LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
985 SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
986 DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY.S NEGLIGENCE TO THE EXTENT
987 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
988 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
989 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
990
9918. U.S. GOVERNMENT END USERS.
992
993 The Covered Software is a .commercial item,. as that term is defined in 48
994 C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as
995 that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial
996 computer software documentation. as such terms are used in 48 C.F.R. 12.212
997 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
998 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
999 Software with only those rights set forth herein. This U.S. Government Rights
1000 clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
1001 provision that addresses Government rights in computer software under this
1002 License.
1003
10049. MISCELLANEOUS.
1005
1006 This License represents the complete agreement concerning subject matter
1007 hereof. If any provision of this License is held to be unenforceable, such
1008 provision shall be reformed only to the extent necessary to make it
1009 enforceable. This License shall be governed by the law of the jurisdiction
1010 specified in a notice contained within the Original Software (except to the
1011 extent applicable law, if any, provides otherwise), excluding such
1012 jurisdiction's conflict-of-law provisions. Any litigation relating to this
1013 License shall be subject to the jurisdiction of the courts located in the
1014 jurisdiction and venue specified in a notice contained within the Original
1015 Software, with the losing party responsible for costs, including, without
1016 limitation, court costs and reasonable attorneys. fees and expenses. The
1017 application of the United Nations Convention on Contracts for the
1018 International Sale of Goods is expressly excluded. Any law or regulation
1019 which provides that the language of a contract shall be construed against
1020 the drafter shall not apply to this License. You agree that You alone are
1021 responsible for compliance with the United States export administration
1022 regulations (and the export control laws and regulation of any other
1023 countries) when You use, distribute or otherwise make available any Covered
1024 Software.
1025
102610. RESPONSIBILITY FOR CLAIMS.
1027
1028 As between Initial Developer and the Contributors, each party is responsible
1029 for claims and damages arising, directly or indirectly, out of its
1030 utilization of rights under this License and You agree to work with Initial
1031 Developer and Contributors to distribute such responsibility on an equitable
1032 basis. Nothing herein is intended or shall be deemed to constitute any
1033 admission of liability.
1034
1035 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
1036 LICENSE (CDDL)
1037
1038 The code released under the CDDL shall be governed by the laws of the State
1039 of California (excluding conflict-of-law provisions). Any litigation relating
1040 to this License shall be subject to the jurisdiction of the Federal Courts of
1041 the Northern District of California and the state courts of the State of
1042 California, with venue lying in Santa Clara County, California.