Cheng Tang | 697ce24 | 2014-04-27 16:18:17 +0800 | [diff] [blame^] | 1 | |
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| 454 | 3. This notice may not be removed or altered from any source distribution. |
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| 456 | bzip2 license |
| 457 | |
| 458 | Redistribution and use in source and binary forms, with or without modification, |
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| 461 | 1. Redistributions of source code must retain the above copyright notice, |
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| 472 | THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED |
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| 481 | OF SUCH DAMAGE. |
| 482 | |
| 483 | Julian Seward, Cambridge, UK. |
| 484 | |
| 485 | jseward@acm.org |
| 486 | Common Public License version 1.0 |
| 487 | |
| 488 | THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC |
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| 492 | 1. DEFINITIONS |
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| 494 | "Contribution" means: |
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| 496 | a) in the case of the initial Contributor, the initial code and documentation |
| 497 | distributed under this Agreement, and b) in the case of each subsequent |
| 498 | Contributor: |
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| 500 | i) changes to the Program, and |
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| 502 | ii) additions to the Program; |
| 503 | |
| 504 | where such changes and/or additions to the Program originate from and are |
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| 506 | Contributor if it was added to the Program by such Contributor itself or anyone |
| 507 | acting on such Contributor's behalf. Contributions do not include additions to |
| 508 | the Program which: (i) are separate modules of software distributed in |
| 509 | conjunction with the Program under their own license agreement, and (ii) are not |
| 510 | derivative 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 |
| 515 | necessarily infringed by the use or sale of its Contribution alone or when |
| 516 | combined 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, |
| 521 | including all Contributors. |
| 522 | |
| 523 | 2. GRANT OF RIGHTS |
| 524 | |
| 525 | a) Subject to the terms of this Agreement, each Contributor hereby grants |
| 526 | Recipient a non-exclusive, worldwide, royalty-free copyright license to |
| 527 | reproduce, prepare derivative works of, publicly display, publicly perform, |
| 528 | distribute and sublicense the Contribution of such Contributor, if any, and such |
| 529 | derivative works, in source code and object code form. |
| 530 | |
| 531 | b) Subject to the terms of this Agreement, each Contributor hereby grants |
| 532 | Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed |
| 533 | Patents to make, use, sell, offer to sell, import and otherwise transfer the |
| 534 | Contribution of such Contributor, if any, in source code and object code form. |
| 535 | This patent license shall apply to the combination of the Contribution and the |
| 536 | Program if, at the time the Contribution is added by the Contributor, such |
| 537 | addition of the Contribution causes such combination to be covered by the |
| 538 | Licensed Patents. The patent license shall not apply to any other combinations |
| 539 | which include the Contribution. No hardware per se is licensed hereunder. |
| 540 | |
| 541 | c) Recipient understands that although each Contributor grants the licenses to |
| 542 | its Contributions set forth herein, no assurances are provided by any |
| 543 | Contributor that the Program does not infringe the patent or other intellectual |
| 544 | property rights of any other entity. Each Contributor disclaims any liability to |
| 545 | Recipient for claims brought by any other entity based on infringement of |
| 546 | intellectual property rights or otherwise. As a condition to exercising the |
| 547 | rights and licenses granted hereunder, each Recipient hereby assumes sole |
| 548 | responsibility to secure any other intellectual property rights needed, if any. |
| 549 | For example, if a third party patent license is required to allow Recipient to |
| 550 | distribute the Program, it is Recipient's responsibility to acquire that license |
| 551 | before distributing the Program. |
| 552 | |
| 553 | d) Each Contributor represents that to its knowledge it has sufficient copyright |
| 554 | rights in its Contribution, if any, to grant the copyright license set forth in |
| 555 | this Agreement. |
| 556 | |
| 557 | 3. REQUIREMENTS |
| 558 | |
| 559 | A Contributor may choose to distribute the Program in object code form under its |
| 560 | own license agreement, provided that: |
| 561 | |
| 562 | a) it complies with the terms and conditions of this Agreement; and |
| 563 | |
| 564 | b) its license agreement: |
| 565 | |
| 566 | i) effectively disclaims on behalf of all Contributors all warranties and |
| 567 | conditions, express and implied, including warranties or conditions of title and |
| 568 | non-infringement, and implied warranties or conditions of merchantability and |
| 569 | fitness for a particular purpose; |
| 570 | |
| 571 | ii) effectively excludes on behalf of all Contributors all liability for |
| 572 | damages, including direct, indirect, special, incidental and consequential |
| 573 | damages, such as lost profits; |
| 574 | |
| 575 | iii) states that any provisions which differ from this Agreement are offered by |
| 576 | that Contributor alone and not by any other party; and |
| 577 | |
| 578 | iv) states that source code for the Program is available from such Contributor, |
| 579 | and informs licensees how to obtain it in a reasonable manner on or through a |
| 580 | medium customarily used for software exchange. |
| 581 | |
| 582 | When the Program is made available in source code form: |
| 583 | |
| 584 | a) it must be made available under this Agreement; and |
| 585 | |
| 586 | b) a copy of this Agreement must be included with each copy of the Program. |
| 587 | |
| 588 | Contributors may not remove or alter any copyright notices contained within the |
| 589 | Program. |
| 590 | |
| 591 | Each Contributor must identify itself as the originator of its Contribution, if |
| 592 | any, in a manner that reasonably allows subsequent Recipients to identify the |
| 593 | originator of the Contribution. |
| 594 | |
| 595 | 4. COMMERCIAL DISTRIBUTION |
| 596 | |
| 597 | Commercial distributors of software may accept certain responsibilities with |
| 598 | respect to end users, business partners and the like. While this license is |
| 599 | intended to facilitate the commercial use of the Program, the Contributor who |
| 600 | includes the Program in a commercial product offering should do so in a manner |
| 601 | which does not create potential liability for other Contributors. Therefore, if |
| 602 | a Contributor includes the Program in a commercial product offering, such |
| 603 | Contributor ("Commercial Contributor") hereby agrees to defend and indemnify |
| 604 | every other Contributor ("Indemnified Contributor") against any losses, damages |
| 605 | and costs (collectively "Losses") arising from claims, lawsuits and other legal |
| 606 | actions brought by a third party against the Indemnified Contributor to the |
| 607 | extent caused by the acts or omissions of such Commercial Contributor in |
| 608 | connection with its distribution of the Program in a commercial product |
| 609 | offering. The obligations in this section do not apply to any claims or Losses |
| 610 | relating to any actual or alleged intellectual property infringement. In order |
| 611 | to qualify, an Indemnified Contributor must: a) promptly notify the Commercial |
| 612 | Contributor in writing of such claim, and b) allow the Commercial Contributor to |
| 613 | control, and cooperate with the Commercial Contributor in, the defense and any |
| 614 | related settlement negotiations. The Indemnified Contributor may participate in |
| 615 | any such claim at its own expense. |
| 616 | |
| 617 | For example, a Contributor might include the Program in a commercial product |
| 618 | offering, Product X. That Contributor is then a Commercial Contributor. If that |
| 619 | Commercial Contributor then makes performance claims, or offers warranties |
| 620 | related to Product X, those performance claims and warranties are such |
| 621 | Commercial Contributor's responsibility alone. Under this section, the |
| 622 | Commercial Contributor would have to defend claims against the other |
| 623 | Contributors related to those performance claims and warranties, and if a court |
| 624 | requires any other Contributor to pay any damages as a result, the Commercial |
| 625 | Contributor must pay those damages. |
| 626 | |
| 627 | 5. NO WARRANTY |
| 628 | |
| 629 | EXCEPT 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 |
| 631 | IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, |
| 632 | NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each |
| 633 | Recipient is solely responsible for determining the appropriateness of using and |
| 634 | distributing the Program and assumes all risks associated with its exercise of |
| 635 | rights under this Agreement, including but not limited to the risks and costs of |
| 636 | program errors, compliance with applicable laws, damage to or loss of data, |
| 637 | programs or equipment, and unavailability or interruption of operations. |
| 638 | |
| 639 | 6. DISCLAIMER OF LIABILITY |
| 640 | |
| 641 | EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY |
| 642 | CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, |
| 643 | SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST |
| 644 | PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, |
| 645 | STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY |
| 646 | OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS |
| 647 | GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 648 | |
| 649 | 7. GENERAL |
| 650 | |
| 651 | If any provision of this Agreement is invalid or unenforceable under applicable |
| 652 | law, it shall not affect the validity or enforceability of the remainder of the |
| 653 | terms of this Agreement, and without further action by the parties hereto, such |
| 654 | provision shall be reformed to the minimum extent necessary to make such |
| 655 | provision valid and enforceable. |
| 656 | |
| 657 | If Recipient institutes patent litigation against a Contributor with respect to |
| 658 | a patent applicable to software (including a cross-claim or counterclaim in a |
| 659 | lawsuit), then any patent licenses granted by that Contributor to such Recipient |
| 660 | under this Agreement shall terminate as of the date such litigation is filed. In |
| 661 | addition, if Recipient institutes patent litigation against any entity |
| 662 | (including a cross-claim or counterclaim in a lawsuit) alleging that the Program |
| 663 | itself (excluding combinations of the Program with other software or hardware) |
| 664 | infringes such Recipient's patent(s), then such Recipient's rights granted under |
| 665 | Section 2(b) shall terminate as of the date such litigation is filed. |
| 666 | |
| 667 | All Recipient's rights under this Agreement shall terminate if it fails to |
| 668 | comply with any of the material terms or conditions of this Agreement and does |
| 669 | not cure such failure in a reasonable period of time after becoming aware of |
| 670 | such noncompliance. If all Recipient's rights under this Agreement terminate, |
| 671 | Recipient agrees to cease use and distribution of the Program as soon as |
| 672 | reasonably practicable. However, Recipient's obligations under this Agreement |
| 673 | and any licenses granted by Recipient relating to the Program shall continue and |
| 674 | survive. |
| 675 | |
| 676 | Everyone is permitted to copy and distribute copies of this Agreement, but in |
| 677 | order to avoid inconsistency the Agreement is copyrighted and may only be |
| 678 | modified in the following manner. The Agreement Steward reserves the right to |
| 679 | publish new versions (including revisions) of this Agreement from time to time. |
| 680 | No one other than the Agreement Steward has the right to modify this Agreement. |
| 681 | IBM is the initial Agreement Steward. IBM may assign the responsibility to serve |
| 682 | as the Agreement Steward to a suitable separate entity. Each new version of the |
| 683 | Agreement will be given a distinguishing version number. The Program (including |
| 684 | Contributions) may always be distributed subject to the version of the Agreement |
| 685 | under which it was received. In addition, after a new version of the Agreement |
| 686 | is published, Contributor may elect to distribute the Program (including its |
| 687 | Contributions) under the new version. Except as expressly stated in Sections |
| 688 | 2(a) and 2(b) above, Recipient receives no rights or licenses to the |
| 689 | intellectual property of any Contributor under this Agreement, whether |
| 690 | expressly, by implication, estoppel or otherwise. All rights in the Program not |
| 691 | expressly granted under this Agreement are reserved. |
| 692 | |
| 693 | This Agreement is governed by the laws of the State of New York and the |
| 694 | intellectual property laws of the United States of America. No party to this |
| 695 | Agreement will bring a legal action under this Agreement more than one year |
| 696 | after the cause of action arose. Each party waives its rights to a jury trial in |
| 697 | any resulting litigation. |
| 698 | |
| 699 | Special exception for LZMA compression module |
| 700 | |
| 701 | Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for |
| 702 | NSIS, expressly permit you to statically or dynamically link your code (or bind |
| 703 | by name) to the files from the LZMA compression module for NSIS without |
| 704 | subjecting your linked code to the terms of the Common Public license version |
| 705 | 1.0. Any modifications or additions to files from the LZMA compression module |
| 706 | for NSIS, however, are subject to the terms of the Common Public License version |
| 707 | 1.0. |
| 708 | |
| 709 | |
| 710 | For 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 | - javaee_6.xsd |
| 715 | - javaee_web_services_1_3.xsd |
| 716 | - javaee_web_services_client_1_3.xsd |
| 717 | - jsp_2_2.xsd |
| 718 | - web-app_3_0.xsd |
| 719 | - web-common_3_0.xsd |
| 720 | - web-fragment_3_0.xsd |
| 721 | |
| 722 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
| 723 | |
| 724 | 1. Definitions. |
| 725 | |
| 726 | 1.1. Contributor. means each individual or entity that creates or contributes |
| 727 | to the creation of Modifications. |
| 728 | |
| 729 | 1.2. Contributor Version. means the combination of the Original Software, |
| 730 | prior Modifications used by a Contributor (if any), and the |
| 731 | Modifications made by that particular Contributor. |
| 732 | |
| 733 | 1.3. Covered Software. means (a) the Original Software, or (b) Modifications, |
| 734 | or (c) the combination of files containing Original Software with files |
| 735 | containing Modifications, in each case including portions thereof. |
| 736 | |
| 737 | 1.4. Executable. means the Covered Software in any form other than Source |
| 738 | Code. |
| 739 | |
| 740 | 1.5. Initial Developer. means the individual or entity that first makes |
| 741 | Original Software available under this License. |
| 742 | |
| 743 | 1.6. Larger Work. means a work which combines Covered Software or portions |
| 744 | thereof with code not governed by the terms of this License. |
| 745 | |
| 746 | 1.7. License. means this document. |
| 747 | |
| 748 | 1.8. Licensable. means having the right to grant, to the maximum extent |
| 749 | possible, whether at the time of the initial grant or subsequently |
| 750 | acquired, any and all of the rights conveyed herein. |
| 751 | |
| 752 | 1.9. Modifications. means the Source Code and Executable form of any of the |
| 753 | following: |
| 754 | |
| 755 | A. Any file that results from an addition to, deletion from or |
| 756 | modification of the contents of a file containing Original Software |
| 757 | or previous Modifications; |
| 758 | |
| 759 | B. Any new file that contains any part of the Original Software or |
| 760 | previous Modification; or |
| 761 | |
| 762 | C. Any new file that is contributed or otherwise made available under |
| 763 | the terms of this License. |
| 764 | |
| 765 | 1.10. Original Software. means the Source Code and Executable form of |
| 766 | computer software code that is originally released under this License. |
| 767 | |
| 768 | 1.11. Patent Claims. means any patent claim(s), now owned or hereafter |
| 769 | acquired, including without limitation, method, process, and apparatus |
| 770 | claims, in any patent Licensable by grantor. |
| 771 | |
| 772 | 1.12. Source Code. means (a) the common form of computer software code in |
| 773 | which modifications are made and (b) associated documentation included |
| 774 | in or with such code. |
| 775 | |
| 776 | 1.13. You. (or .Your.) means an individual or a legal entity exercising |
| 777 | rights under, and complying with all of the terms of, this License. For |
| 778 | legal entities, .You. includes any entity which controls, is controlled |
| 779 | by, or is under common control with You. For purposes of this |
| 780 | definition, .control. means (a) the power, direct or indirect, to cause |
| 781 | the direction or management of such entity, whether by contract or |
| 782 | otherwise, or (b) ownership of more than fifty percent (50%) of the |
| 783 | outstanding shares or beneficial ownership of such entity. |
| 784 | |
| 785 | 2. License Grants. |
| 786 | |
| 787 | 2.1. The Initial Developer Grant. |
| 788 | |
| 789 | Conditioned upon Your compliance with Section 3.1 below and subject to |
| 790 | third party intellectual property claims, the Initial Developer hereby |
| 791 | grants You a world-wide, royalty-free, non-exclusive license: |
| 792 | |
| 793 | (a) under intellectual property rights (other than patent or trademark) |
| 794 | Licensable by Initial Developer, to use, reproduce, modify, display, |
| 795 | perform, sublicense and distribute the Original Software (or |
| 796 | portions thereof), with or without Modifications, and/or as part of |
| 797 | a Larger Work; and |
| 798 | |
| 799 | (b) under Patent Claims infringed by the making, using or selling of |
| 800 | Original Software, to make, have made, use, practice, sell, and |
| 801 | offer for sale, and/or otherwise dispose of the Original Software |
| 802 | (or portions thereof). |
| 803 | |
| 804 | (c) The licenses granted in Sections 2.1(a) and (b) are effective on the |
| 805 | date Initial Developer first distributes or otherwise makes the |
| 806 | Original Software available to a third party under the terms of this |
| 807 | License. |
| 808 | |
| 809 | (d) Notwithstanding Section 2.1(b) above, no patent license is granted: |
| 810 | (1) for code that You delete from the Original Software, or (2) for |
| 811 | infringements caused by: (i) the modification of the Original |
| 812 | Software, or (ii) the combination of the Original Software with |
| 813 | other software or devices. |
| 814 | |
| 815 | 2.2. Contributor Grant. |
| 816 | |
| 817 | Conditioned upon Your compliance with Section 3.1 below and subject to third |
| 818 | party intellectual property claims, each Contributor hereby grants You a |
| 819 | world-wide, royalty-free, non-exclusive license: |
| 820 | |
| 821 | (a) under intellectual property rights (other than patent or trademark) |
| 822 | Licensable by Contributor to use, reproduce, modify, display, |
| 823 | perform, sublicense and distribute the Modifications created by such |
| 824 | Contributor (or portions thereof), either on an unmodified basis, |
| 825 | with other Modifications, as Covered Software and/or as part of a |
| 826 | Larger Work; and |
| 827 | |
| 828 | (b) under Patent Claims infringed by the making, using, or selling of |
| 829 | Modifications made by that Contributor either alone and/or in |
| 830 | combination with its Contributor Version (or portions of such |
| 831 | combination), to make, use, sell, offer for sale, have made, and/or |
| 832 | otherwise dispose of: (1) Modifications made by that Contributor (or |
| 833 | portions thereof); and (2) the combination of Modifications made by |
| 834 | that Contributor with its Contributor Version (or portions of such |
| 835 | combination). |
| 836 | |
| 837 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on |
| 838 | the date Contributor first distributes or otherwise makes the |
| 839 | Modifications available to a third party. |
| 840 | |
| 841 | (d) Notwithstanding Section 2.2(b) above, no patent license is granted: |
| 842 | (1) for any code that Contributor has deleted from the Contributor |
| 843 | Version; (2) for infringements caused by: (i) third party |
| 844 | modifications of Contributor Version, or (ii) the combination of |
| 845 | Modifications made by that Contributor with other software (except |
| 846 | as part of the Contributor Version) or other devices; or (3) under |
| 847 | Patent Claims infringed by Covered Software in the absence of |
| 848 | Modifications made by that Contributor. |
| 849 | |
| 850 | 3. Distribution Obligations. |
| 851 | |
| 852 | 3.1. Availability of Source Code. |
| 853 | Any Covered Software that You distribute or otherwise make available in |
| 854 | Executable form must also be made available in Source Code form and that |
| 855 | Source Code form must be distributed only under the terms of this License. |
| 856 | You must include a copy of this License with every copy of the Source Code |
| 857 | form of the Covered Software You distribute or otherwise make available. |
| 858 | You must inform recipients of any such Covered Software in Executable form |
| 859 | as to how they can obtain such Covered Software in Source Code form in a |
| 860 | reasonable manner on or through a medium customarily used for software |
| 861 | exchange. |
| 862 | |
| 863 | 3.2. Modifications. |
| 864 | The Modifications that You create or to which You contribute are governed |
| 865 | by the terms of this License. You represent that You believe Your |
| 866 | Modifications are Your original creation(s) and/or You have sufficient |
| 867 | rights to grant the rights conveyed by this License. |
| 868 | |
| 869 | 3.3. Required Notices. |
| 870 | You must include a notice in each of Your Modifications that identifies |
| 871 | You as the Contributor of the Modification. You may not remove or alter |
| 872 | any copyright, patent or trademark notices contained within the Covered |
| 873 | Software, or any notices of licensing or any descriptive text giving |
| 874 | attribution to any Contributor or the Initial Developer. |
| 875 | |
| 876 | 3.4. Application of Additional Terms. |
| 877 | You may not offer or impose any terms on any Covered Software in Source |
| 878 | Code form that alters or restricts the applicable version of this License |
| 879 | or the recipients. rights hereunder. You may choose to offer, and to |
| 880 | charge a fee for, warranty, support, indemnity or liability obligations to |
| 881 | one or more recipients of Covered Software. However, you may do so only on |
| 882 | Your own behalf, and not on behalf of the Initial Developer or any |
| 883 | Contributor. You must make it absolutely clear that any such warranty, |
| 884 | support, indemnity or liability obligation is offered by You alone, and |
| 885 | You hereby agree to indemnify the Initial Developer and every Contributor |
| 886 | for any liability incurred by the Initial Developer or such Contributor as |
| 887 | a result of warranty, support, indemnity or liability terms You offer. |
| 888 | |
| 889 | 3.5. Distribution of Executable Versions. |
| 890 | You may distribute the Executable form of the Covered Software under the |
| 891 | terms of this License or under the terms of a license of Your choice, |
| 892 | which may contain terms different from this License, provided that You are |
| 893 | in compliance with the terms of this License and that the license for the |
| 894 | Executable form does not attempt to limit or alter the recipient.s rights |
| 895 | in the Source Code form from the rights set forth in this License. If You |
| 896 | distribute the Covered Software in Executable form under a different |
| 897 | license, You must make it absolutely clear that any terms which differ |
| 898 | from this License are offered by You alone, not by the Initial Developer |
| 899 | or Contributor. You hereby agree to indemnify the Initial Developer and |
| 900 | every Contributor for any liability incurred by the Initial Developer or |
| 901 | such Contributor as a result of any such terms You offer. |
| 902 | |
| 903 | 3.6. Larger Works. |
| 904 | You may create a Larger Work by combining Covered Software with other code |
| 905 | not governed by the terms of this License and distribute the Larger Work |
| 906 | as a single product. In such a case, You must make sure the requirements |
| 907 | of this License are fulfilled for the Covered Software. |
| 908 | |
| 909 | 4. Versions of the License. |
| 910 | |
| 911 | 4.1. New Versions. |
| 912 | Sun Microsystems, Inc. is the initial license steward and may publish |
| 913 | revised and/or new versions of this License from time to time. Each |
| 914 | version will be given a distinguishing version number. Except as provided |
| 915 | in Section 4.3, no one other than the license steward has the right to |
| 916 | modify this License. |
| 917 | |
| 918 | 4.2. Effect of New Versions. |
| 919 | You may always continue to use, distribute or otherwise make the Covered |
| 920 | Software available under the terms of the version of the License under |
| 921 | which You originally received the Covered Software. If the Initial |
| 922 | Developer includes a notice in the Original Software prohibiting it from |
| 923 | being distributed or otherwise made available under any subsequent version |
| 924 | of the License, You must distribute and make the Covered Software |
| 925 | available under the terms of the version of the License under which You |
| 926 | originally received the Covered Software. Otherwise, You may also choose |
| 927 | to use, distribute or otherwise make the Covered Software available under |
| 928 | the terms of any subsequent version of the License published by the |
| 929 | license steward. |
| 930 | |
| 931 | 4.3. Modified Versions. |
| 932 | When You are an Initial Developer and You want to create a new license for |
| 933 | Your Original Software, You may create and use a modified version of this |
| 934 | License if You: (a) rename the license and remove any references to the |
| 935 | name of the license steward (except to note that the license differs from |
| 936 | this License); and (b) otherwise make it clear that the license contains |
| 937 | terms which differ from this License. |
| 938 | |
| 939 | 5. DISCLAIMER OF WARRANTY. |
| 940 | |
| 941 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT |
| 942 | WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT |
| 943 | LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, |
| 944 | MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK |
| 945 | AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD |
| 946 | ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL |
| 947 | DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY |
| 948 | SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
| 949 | ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED |
| 950 | HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| 951 | |
| 952 | 6. TERMINATION. |
| 953 | |
| 954 | 6.1. This License and the rights granted hereunder will terminate |
| 955 | automatically if You fail to comply with terms herein and fail to |
| 956 | cure such breach within 30 days of becoming aware of the breach. |
| 957 | Provisions which, by their nature, must remain in effect beyond the |
| 958 | termination of this License shall survive. |
| 959 | |
| 960 | 6.2. If You assert a patent infringement claim (excluding declaratory |
| 961 | judgment actions) against Initial Developer or a Contributor (the |
| 962 | Initial Developer or Contributor against whom You assert such claim |
| 963 | is referred to as .Participant.) alleging that the Participant |
| 964 | Software (meaning the Contributor Version where the Participant is a |
| 965 | Contributor or the Original Software where the Participant is the |
| 966 | Initial Developer) directly or indirectly infringes any patent, then |
| 967 | any and all rights granted directly or indirectly to You by such |
| 968 | Participant, the Initial Developer (if the Initial Developer is not |
| 969 | the Participant) and all Contributors under Sections 2.1 and/or 2.2 |
| 970 | of this License shall, upon 60 days notice from Participant terminate |
| 971 | prospectively and automatically at the expiration of such 60 day |
| 972 | notice period, unless if within such 60 day period You withdraw Your |
| 973 | claim with respect to the Participant Software against such |
| 974 | Participant either unilaterally or pursuant to a written agreement |
| 975 | with Participant. |
| 976 | |
| 977 | 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end |
| 978 | user licenses that have been validly granted by You or any |
| 979 | distributor hereunder prior to termination (excluding licenses |
| 980 | granted to You by any distributor) shall survive termination. |
| 981 | |
| 982 | 7. LIMITATION OF LIABILITY. |
| 983 | |
| 984 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING |
| 985 | NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY |
| 986 | OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF |
| 987 | ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, |
| 988 | INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| 989 | LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, |
| 990 | COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR |
| 991 | LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF |
| 992 | SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
| 993 | DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY.S NEGLIGENCE TO THE EXTENT |
| 994 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE |
| 995 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS |
| 996 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| 997 | |
| 998 | 8. U.S. GOVERNMENT END USERS. |
| 999 | |
| 1000 | The Covered Software is a .commercial item,. as that term is defined in 48 |
| 1001 | C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as |
| 1002 | that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial |
| 1003 | computer software documentation. as such terms are used in 48 C.F.R. 12.212 |
| 1004 | (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 |
| 1005 | through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered |
| 1006 | Software with only those rights set forth herein. This U.S. Government Rights |
| 1007 | clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or |
| 1008 | provision that addresses Government rights in computer software under this |
| 1009 | License. |
| 1010 | |
| 1011 | 9. MISCELLANEOUS. |
| 1012 | |
| 1013 | This License represents the complete agreement concerning subject matter |
| 1014 | hereof. If any provision of this License is held to be unenforceable, such |
| 1015 | provision shall be reformed only to the extent necessary to make it |
| 1016 | enforceable. This License shall be governed by the law of the jurisdiction |
| 1017 | specified in a notice contained within the Original Software (except to the |
| 1018 | extent applicable law, if any, provides otherwise), excluding such |
| 1019 | jurisdiction's conflict-of-law provisions. Any litigation relating to this |
| 1020 | License shall be subject to the jurisdiction of the courts located in the |
| 1021 | jurisdiction and venue specified in a notice contained within the Original |
| 1022 | Software, with the losing party responsible for costs, including, without |
| 1023 | limitation, court costs and reasonable attorneys. fees and expenses. The |
| 1024 | application of the United Nations Convention on Contracts for the |
| 1025 | International Sale of Goods is expressly excluded. Any law or regulation |
| 1026 | which provides that the language of a contract shall be construed against |
| 1027 | the drafter shall not apply to this License. You agree that You alone are |
| 1028 | responsible for compliance with the United States export administration |
| 1029 | regulations (and the export control laws and regulation of any other |
| 1030 | countries) when You use, distribute or otherwise make available any Covered |
| 1031 | Software. |
| 1032 | |
| 1033 | 10. RESPONSIBILITY FOR CLAIMS. |
| 1034 | |
| 1035 | As between Initial Developer and the Contributors, each party is responsible |
| 1036 | for claims and damages arising, directly or indirectly, out of its |
| 1037 | utilization of rights under this License and You agree to work with Initial |
| 1038 | Developer and Contributors to distribute such responsibility on an equitable |
| 1039 | basis. Nothing herein is intended or shall be deemed to constitute any |
| 1040 | admission of liability. |
| 1041 | |
| 1042 | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION |
| 1043 | LICENSE (CDDL) |
| 1044 | |
| 1045 | The code released under the CDDL shall be governed by the laws of the State |
| 1046 | of California (excluding conflict-of-law provisions). Any litigation relating |
| 1047 | to this License shall be subject to the jurisdiction of the Federal Courts of |
| 1048 | the Northern District of California and the state courts of the State of |
| 1049 | California, with venue lying in Santa Clara County, California. |
| 1050 | |