IBM RATIONAL SOFTWARE ARCHITECT (RSA), IBM RATIONAL APPLICATION DEVELOPER (RAD), OR IBM RATIONAL WEB DEVELOPER RWD)   

 

Note that ANTLR and FOP are part of  RSA, but are not found in RAD nor in RWD.

 

 

THIRD PARTY LICENSE TERMS AND CONDITIONS, NOTICES AND INFORMATION

 

The license agreement for this product refers you to this file for details concerning terms and conditions applicable to third party software code included in this product, and for certain notices and other information IBM must provide to you under its license to certain software code. The relevant terms and conditions, notices and other information are provided or referenced below.  Please note that any non-English version of the licenses below is unofficial and is provided to you for your convenience only.  The English version of the licenses below, provided as part of the English version of this file, is the official version.

 

Notwithstanding the terms and conditions of any other agreement you may have with IBM or any of its related or affiliated entities (collectively "IBM"), the third party software code identified below are "Excluded Components" and are subject to the following terms and conditions:

 

* the Excluded Components are provided on an "AS IS" basis;

 

* IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS WITH RESPECT TO THE EXCLUDED COMPONENTS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;

 

* IBM will not be liable to you or indemnify you for any claims related to the Excluded Components; and

 

* IBM will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Excluded Components.

 

COPYRIGHT AND TRADEMARK NOTICES:

 

Copyrights:

 

© Copyright 2004 IBM Corp. All Rights Reserved.

 

Copyright 1999, International Business Machines, Inc.

 

Contains “UnzipSFX stub” Software from the Info-Zip group: Copyright © 1999-2003, Info-Zip.

All Rights Reserved.

 

Contains DTDs from the Wireless Application Protocol Forum Ltd.  Copyright © 2002 Open Mobile Alliance Ltd.

 

 

Trademarks:

IBM, the IBM logo, Rational and WebSphere are trademarks of International Business Machines Corporation in the United States, other countries or both. Intel and Pentium are trademarks or registered trademarks of Intel Corporation in the United States, other countries, or both. Microsoft and Windows are trademarks of Microsoft Corporation in the United States, other countries, or both. Java and all Java-based trademarks are trademarks of Sun Microsystem, Inc. in the United States, other countries or both. Linux is a trademark of Linus Torvalds in the United States, other countries or both.  Other company, product, and service names may be trademarks or service marks of others

 

OTHER NOTICES

 

I. The following section identifies various third party components contained in IBM Rational Software Architect, IBM Rational Application DEVELOPER, or IBM Rational Web Developer , including WebSphere Application Server v.6.0 and websphere portal for MULTIPLATFORMS AND specifies certain notices regarding those components that IBM is required to provide to you for informational purposes only.  Notwithstanding any provision contained in these notices, your use of these components remains subject to the terms of the IBM International License Agreement for Early Release and the accompanying License Information document for the Program:

 

ANTLR:

 

Portions of this program were developed using ANTLR.

 

 

APACHE CODE.  The Program includes all or portions of the following software developed by the Apache Software Foundation.  This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation.  For more information on the Apache Software Foundation, please see http://www.apache.org:

 

·         Apache Commons-Logging.  Copyright (c) 1999 - 2002 The Apache Software Foundation.  All rights reserved. 

·         Apache Commons-Net. Copyright (c) 2001 The Apache Software Foundation. All rights reserved. 

·         Apache Ant.  Copyright (c) 2000-2003 The Apache Software Foundation. All rights reserved.

·         Apache Jakarta Struts v.1.0.2 and 1.1 (including the Tiles and Commons subcomponents).  Copyright (c) 2001 The Apache Software Foundation.  All rights reserved.

·         Apache Soap.  Copyright (c) 2000 The Apache Software Foundation. All rights reserved.  This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 2000, International Business Machines, Inc., http://www.ibm.com.

·         Apache Jasper.  Copyright (c) 2000 The Apache Software Foundation. All rights reserved.

·         Apache Xalan.  Copyright (c) 1999 The Apache Software Foundation. All rights reserved.  This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, Lotus Development Corporation, http://www.lotus.com.

·         Apache Xerces.  Copyright (c) 1999 The Apache Software Foundation. All rights reserved.  This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com.

·         Apache Web Services Invocation Framework Code (WSIF).   Copyright (c) 2002 The Apache Software Foundation. All rights reserved.  This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright (c) 2001, 2002, International Business Machines, Inc., http://www.ibm.com.

·         Apache Jakarta-Oro.  Copyright (c) 2000-2002 The Apache Software Foundation. All rights reserved.  Portions of this software are based upon software originally written by Daniel F. Savarese. We appreciate his contributions.

·         Apache Commons-Discovery .  Copyright (c) 1999-2001 The Apache Software Foundation. All rights reserved.

·         Apache Commons-el.  Copyright (c) 1999-2001 The Apache Software Foundation. All rights reserved.

·          Apache Lucene. Copyright (c) 2001 The Apache Software Foundation. All rights reserved

·         Apache Tomcat. Copyright (c) 1999-2000 The Apache Software Foundation. All rights reserved

·         Apache FOP.  Copyright ©  1999-2003 The Apache Software Foundation.  All Rights Reserved.

·         Apache JEXL Copyright © 2001-2003 The Apache Software Foundation.  All Rights Reserved.

·         Apache Jakarta TagLibs v. 1.1 and 1.2.  Copyright ©1999-2002  The Apache Software Foundation.  All Rights Reserved.

·         Apache JavaServer Tag Libraries (JSR-000052) v.1.05.  Copyright © 1999 The Apache Software Foundation.  All Rights Reserved.

·         Apache Web Services Inspection Language (WSIL4J) Copyright© 1999 The Apache Software Foundation.  All Rights Reserved.

·         Apache Axis Copyright © 2003.  The Apache Software Foundation.  All Rights Reserved.

·         Apache POI Copyright ©  2003.  The Apache Software Foundation.  All Rights Reserved.

·         Apache Jetspeed  Copyright © 1998.  The Apache Software Foundation.  All Rights Reserved.

·         Apache ECS (Element Consruction Set) Copyright © 1999 The Apache Software Foundation.  All Rights Reserved.

·         Apache Turbine.  Copyright © 1997-2000.  The Apache Software Foundation.  All Rights Reserved.

 

 

·         This Program also includes XML4J, XML4C and XSLT4J projects, located at “http://www.alpha.ibm.com/tech/xml4j”,”http://www.alphaworks.ibm.com/tech/xml4c”, and “http://www.alphaworks.ibm.com/tech/LotusXSL”, respectively. These components are being licensed to you under the IBM International Program License Agreement for Early Release of Programs, subject to its Excluded Components terms.

 

IBM is required to provide you, as the recipient of such software, with a copy of the following license from the Apache Software Foundation: 

 

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.
--------------------------------
In addition, certain Apache Code included with the Program requires the following notice:
 
·         Apache Batik.   Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
·         Apache Ant v. 1.3.1  Copyright ©  The Apache Software Foundation.  All rights reserved.
 

The Apache Software License, Version 1.1

 

 Copyright (c) 1999 The Apache Software Foundation.  All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3. The end-user documentation included with the redistribution, if any, must include the following acknowlegement:  "This product includes software developed by the Apache Software Foundation

 (http://www.apache.org/)."   Alternately, this acknowlegement may appear in the software itself, if and wherever such third-party acknowlegements normally appear.

 

4. The names "The Jakarta Project", "Tomcat", and "Apache Software Foundation" must not be used endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

 

5. Products derived from this software may not be called "Apache" nor may "Apache" appear in their names without prior written permission of the Apache Group.

 

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT  LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 
END OF APACHE NOTICES
 
================================================================================
Jaxen and Werken Digital: License Supplementing the Apache License:
 
Portions of the Apache JavaServer Tag Libs (JSR-000052) also require the following notice:
 
 
 $Id: LICENSE,v 1.3 2002/04/22 11:38:45 jstrachan Exp $
 
 Copyright (C) 2000-2002 bob mcwhirter & James Strachan. All rights reserved.
 
 Redistribution and use  in source and  binary forms, with  or without modification, are permitted provided that the following conditions are met:
 
 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.
 
 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in
 the documentation and/or other materials provided with the distribution.
 
 3. The name "Jaxen" must not be used to endorse or promote products derived from this software without prior written permission. For written permission,
 please contact license@jaxen.org.
 
 4. Products derived from this software may not be called "Jaxen", nor may "Jaxen" appear in their name, without prior written permission from the Jaxen
 Project Management (pm@jaxen.org).
 
 In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the  software itself an acknowledgement equivalent to the following:    "This product includes software  developed  by  the  Jaxen  Project  (http://www.jaxen.org/)."
 Alternatively, the acknowledgment may be graphical using the logos available at http://www.jaxen.org/
 
 THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE Jaxen
 AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 
 This software consists of voluntary contributions made by many individuals on behalf of the Jaxen Project and was originally created by bob mcwhirter
 <bob@werken.com>  and  James Strachan  <jstrachan@apache.org>.  For more information on the Jaxen Project, please see <http://www.jaxen.org/>.
 
 
================================================================================

 

INFO-ZIP:

This Product is accompanied by software developed by InfoZip (UnZip Stub File).

The Program includes “UnzipSFX stub” software from the Info-Zip group which is Copyright © 1999-2002, Info-Zip. All Rights Reserved. IBM did not modify the UnZipSFX software. There are no extra charges or costs due to the use of this code, and the original compression sources are freely available from http://www.cdrom.com/pub/infozip  or  ftp://ftp.cdrom.com/pub/infozip/  on the internet.

 

================================================================================

PNG to Microsoft

 

  PNG Reference Library License Agreement

  Copyright (C) 1995,1996 Guy Eric Schalnat, Group42,Inc.

  Copyright (C) 1996,1997 Andreas Dilger

  Copyright (C) 1998 Glenn Randers-Pehrson

 

  Copyright notice:

  The PNG Reference Library is supplied "AS IS". The Contributing Authors and Group 42, Inc. disclaim all warranties, expressed or implied, including, without limitation, the warranties of merchantability and of fitness for any purpose. The Contributing Authors and Group 42, Inc. assume no liability for direct, indirect, incidental, special, exemplary, or consequential damages, which may result from the use of the PNG Reference Library, even if advised of the possibility of such damage.

 

  Permission is hereby granted to use, copy, modify, and distribute this source code, or portions hereof, for any purpose, without fee, subject to the following restrictions:

 

  1. The origin of this source code must not be misrepresented.

  2. Altered versions must be plainly marked as such and must not be misrepresented as being the original source.

  3. This Copyright notice may not be removed or altered from any source or altered source distribution.

 

  The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.

================================================================================

 

FlashPix Format SDK

 This product includes software developed by the contributors and Digital Imaging Group, Inc. (http://www.digitalimaging.org/) for use in the Flashpix Toolkit Project.

 

==============================================================================

 

Kodak Photo CD Access Developer Toolkit

  Photo CD Portion Copyright Eastman Kodak Company 1995

 

================================================================================

 

The Independent JPEG Group's JPEG software License Agreement

 

LEGAL ISSUES

=============

  In plain English:

 

  1. We don't promise that this software works. (But if you find any bugs, please let us know!)

  2. You can use this software for whatever you want. You don't have to pay us.

  3. You may not pretend that you wrote this software. If you use it in a program, you must acknowledge somewhere in your documentation that you've

     used the IJG code.

    

  In legalese:

 

  The authors make NO WARRANTY or representation, either express or implied,  with respect to this software, its quality, accuracy, merchantability, or

  fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.

 

  This software is copyright (C) 1991, 1992, 1993, 1994, 1995,

  Thomas G. Lane.

  All Rights Reserved except as specified below.

 

  Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:

 

  1. If any part of the source code for this software is distributed, then this README file must be included, with this copyright and no-warranty notice unaltered; and any additions, deletions, or changes to the original files must be clearly indicated in accompanying documentation.

 2. If only executable code is distributed, then the accompanying documentation must state that "this software is based in part on the work of the Independent JPEG Group".

  3. Permission for use of this software is granted only if the user accepts full responsibility for any undesirable consequences; the authors accept NO LIABILITY for damages of any kind.

    

  These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.

 

  Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".

 

  We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.

 

  ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA. ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it. (See the file ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.

 

  The configuration script "configure" was produced with GNU Autoconf. It is copyright by the Free Software Foundation but is freely distributable. It appears that the arithmetic coding option of the JPEG spec is covered by patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot legally be used without obtaining one or more licenses. For this reason, support for arithmetic coding has been removed from the free JPEG software. (Since arithmetic coding provides only a marginal gain over the unpatented Huffman mode, it is unlikely that very many implementations will support it.) So far as we are aware, there are no patent restrictions on the remaining code.

 

  WARNING: Unisys has begun to enforce their patent on LZW compression against GIF encoders and decoders. You will need a license from Unisys to

  use the included rdgif.c or wrgif.c files in a commercial or shareware application. At this time, Unisys is not enforcing their patent against freeware, so distribution of this package remains legal. However, we intend to remove GIF support from the IJG package as soon as a suitable replacement format becomes reasonably popular.

 

  We are required to state that "The Graphics Interchange Format(c) is the Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark  property of CompuServe Incorporated."

 

===============================================================================

 

TIFF Software License Agreement

 

Copyright (c) 1988-1995 Sam Leffler

Copyright (c) 1991-1995 Silicon Graphics, Inc.

 

  Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.

 

  THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA ORPROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

 

===============================================================================

 

TWAIN Toolkit License Agreement

 

  The TWAIN Working Group grants customer ("Customer") the worldwide, royalty-free, non-exclusive license to reproduce and distribute the software and documentation of the TWAIN toolkit ("TWAIN Toolkit"). The TWAIN Toolkit was designed to be used by third parties to assist them in becoming compliant with the TWAIN standard, but it has not been developed to the standards of a commercial product. Consequently, the TWAIN toolkit is provided AS IS without any warranty. THE TWAIN Working Group disclaims all warranties in the TWAIN toolkit whether implied, express or statutory, including, without limitation, the implied warranties of merchantability, noninfringement of third party rights and fitness for a particular purpose. The TWAIN Working Group disclaims all liability for damages, whether direct, indirect, special, incidental, or consequential, arising from the reproduction, distribution, modification, or other use of the TWAIN Toolkit.

 

  As a condition of this license, Customer agrees to include in software programs based in whole or in part on the TWAIN Toolkit the following provisions in (i) the header or similar file in such software and (ii) prominently in its documentation and to require its sublicensees to include these provisions in similar locations: The TWAIN Toolkit is distributed as is. The developer and distributors of the TWAIN Toolkit expressly disclaim all implied, express or statutory warranties including, without limitation, the implied warranties of merchantability, noninfringement of third party rights and fitness for a particular purpose. Neither the developers nor the distributors will be liable for damages, whether direct, indirect, special, incidental, or consequential, as a result of the reproduction, modification, distribution or other use of the TWAIN Toolkit.

 

================================================================================

Microsoft HTML Help License Agreement

 

  COPYRIGHT. All rights, title, and copyrights in and to the HTML Help (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the HTML Help) and any copies of the HTML Help are owned by Microsoft or its suppliers. You may not copy the printed materials, if any, accompanying the HTML Help.

===============================================================================

CUP PARSER GENERATOR COPYRIGHT NOTICE, LICENSE AND DISCLAIMER.

 

The Program contains all or portions of the Cup Parser Generator (CUP) Code, which requires this notice:

 

Copyright 1996 by Scott Hudson, Frank Flannery, C. Scott Ananian

 

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of the authors or their employers not be used in advertising or publicity  pertaining to distribution of the software without specific, written prior permission.

 

The authors and their employers disclaim all warranties with regard to this software, including all implied warranties of merchantability and fitness.  In no event shall the authors or their employers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software.

================================================================================

 

Tiny Encryption Algorithm (TEA)

 

The code implementing the TEA encryption is based on publically available code found at http://www.simonshepherd.supanet.com/tea.htm and authored by David Wheeler and Roger Needham at the Computer Laboratory of Cambridge University.  The original code is licensed as freeware.

================================================================================

 

ZLIB.  The Program includes portions of zlib software.   IBM obtained the software under the terms and conditions of the following license agreement: 

 

http://www.gzip.org/zlib/zlib_license.html

License

 

 

 

Copyright (C) 1995-2002 Jean-loup Gailly and Mark Adler

 

This software is provided 'as-is', without any express or implied warranty.  In no event will the authors be held liable for any damages arising from the use of this software.

 

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

 

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.

 

Jean-loup Gailly jloup@gzip.org

Mark Adler madler@alumni.caltech.edu

 

================================================================================

 

W3C SOFTWARE. The Xalan, Xerces, DTD, XSD and B2BXML software included with the Program includes software based on software developed by the World Wide Web Consortium (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). IBM did not modify this software. IBM believes this software was obtained under the terms and conditions of the following license:

 

W3C® SOFTWARE NOTICE AND LICENSE

 

Copyright © 1994-2000 World Wide Web Consortium, (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/

 

This W3C work (including software, documents, or other related items) is being provided by the copyright holders under the following license. By obtaining, using and/or copying this work, you (the licensee) agree that you have read, understood, and will comply with the following terms and conditions:

 

Permission to use, copy, modify, and distribute this software and its documentation, with or without modification,  for any purpose and without fee or royalty is hereby granted, provided that you include the following on ALL copies of the software and documentation or portions thereof, including modifications, that you make:

 

1.The full text of this NOTICE in a location viewable to users of the redistributed or derivative work.

2.Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, a short notice of the following form (hypertext is preferred, text is permitted) should be used within the body of any redistributed or derivative code: "Copyright © [$date-of-software] World Wide Web Consortium, (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved. http://www.w3.org/Consortium/Legal/"

3.Notice of any changes or modifications to the W3C files, including the date changes were made. (We recommend you provide URIs to the location from which the code is derived.)

 

THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.

 

COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.

 

The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders.

____________________________________

OPEN APPLICATION GROUP:  The Program contains DTD code from the Open Application Group.

Copyright (c) Open Applications Group. All Rights Reserved

 

THIS RESOURCE IS PROVIDED AS IS, AND THE COPYRIGHT HOLDER MAKES NO REPRESENTATIONS   OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF   MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; THAT  THE CONTENTS OF THE DOCUMENT ARE SUITABLE FOR ANY PURPOSE; NOR THAT THE IMPLEMENTATION   OF SUCH CONTENTS WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. 

 

THE COPYRIGHT HOLDER WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE DOCUMENT OR THE PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.

 

 The name and trademarks of copyright holder may NOT be used in advertising or publicity

 pertaining to this file or its contents without specific, written prior permission.

 

 Title to copyright in this document will at all times remain with copyright holders.

 

 Please Note: This file is a work in process, and may be modified or enhanced, at the   discretion of the Open Applications Group without notice, at any time. 

 

 Please contact the Open Applications Group at www.openapplications.org with any   questions or comments regarding the usage of this material.

===============================================================

 

Portions (C) International Organization for Standardization 1986

     Permission to copy in any form is granted for use with

     conforming SGML systems and applications as defined in

     ISO 8879, provided this notice is included in all copies.

 

 

Copyright 1998-2001 World Wide Web Consortium (Massachusetts Institute of Technology, Institut National de Recherche en Informatique et en Automatique, Keio University). All Rights Reserved.

Permission to use, copy, modify and distribute the XHTML DTD and its accompanying documentation for any purpose and without fee is hereby granted in perpetuity; provided that the above copyright notice and this paragraph appear in all copies.  The copyright holders make no     representation about the suitability of the DTD for any purpose. It is provided "as is" without expressed or implied warranty.

 

============================================================================

MOZILLA RHINO SCRIPTING ENGINE.  The Program includes the Mozilla Rhino Scripting Engine, which is provided to you in binary code form under the terms of the Program's license. IBM did not modify this software, and the source code for this software is available from the Mozilla Project (www.mozilla.org) under the terms and conditions of the following license:

 

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.]

 

 

 

BEAN SCRIPTING FRAMEWORK and UNIVERSAL DESCRIPTION, DISCOVERY AND INTEGRATION REGISTRY. The Program is accompanied by Bean Scripting Framework and Universal Description, Discovery and Integration Registry  (UDDI4J) software, which is provided to you in object code form under the terms and conditions of the Program license, which terms are offered by IBM alone. The source code version of (a) the Bean Scripting Framework software is available for download at http://oss.software.ibm.com/developerworks/opensource/ and (b) the UDDI4J softrware is available for download  at http://www-124.ibm.com/developerworks/projects/uddi4j/, under the terms and conditions of the following license (which contains substantially different terms from those of the Program):

 

IBM Public License Version 1.0

 

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), the Original Program, and

 

       b) in the case of each 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 IBM and any other 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.

 

"Original Program" means the original version of the software accompanying this Agreement as released by IBM, including source code, object code and documentation, if any.

 

"Program" means the Original Program and Contributions.

 

"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.

 

Each Contributor must include the following in a conspicuous location in the Program:

 

       Copyright © {date here}, International Business Machines Corporation and others. All Rights Reserved.

 

In addition, 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 a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

 

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and  distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

 

IBM may publish new versions (including revisions) of this Agreement from time to time. 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. No one other than IBM has the right to modify this Agreement. 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.

 

===============================================================================

 

CUP PARSER GENERATOR FOR JAVA.  The Program includes CUP Parser Generator ("JCUP") software which is Copyright 1996-1999 by Scott Hudson, Frank Flannery and C. Scott Ananian.  All rights reserved.  IBM obtained the JCUP Software under the terms and conditions of the following license:

 

CUP Parser Generator Copyright Notice, License, and Disclaimer

 

Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian

 

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both the copyright notice and this permission notice and warranty disclaimer appear in supporting documentation, and that the names of the authors or their employers not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission.

 

The authors and their employers disclaim all warranties with regard to this software, including all implied warranties of merchantability and fitness. In no event shall the authors or their employers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of this software.

 

 

WEB SERVICES DESCRIPTION LANGUAGE FOR JAVA TOOLKIT (WSDL4J).  The Program is accompanied by Web Services Description Language for Java Toolkit software, which is provided to you in object code form under the terms and conditions of the Program license, which terms are offered by IBM alone. This source code version of this software is available for download at  http://www-124.ibm.com/developerworks/projects/wsdl4j/  under the terms and conditions of the Common Public License v.1.0, which is located at the end of this file and contains substantially different terms from those of the Program.

 

 

 

 

JDOM.  The Program includes JDOM software which is Copyright © 2001 by Brett McLaughlin and Jason Hunter.   All rights reserved.    IBM obtained the JDOM Software under the terms and conditions of the following license:

 

Copyright (C) 2001 Brett McLaughlin & Jason Hunter.   All rights reserved.

 

Redistribution and use in source and binary forms, with or without  modification, are permitted provided that the following conditions are met:

 

 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.

 

 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution.

 

 3. The name "JDOM" must not be used to endorse or promote products derived from this software without prior written permission.  For written permission, please contact license@jdom.org.

 

 4. Products derived from this software may not be called "JDOM", nor may "JDOM" appear in their name, without prior written permission from the JDOM Project Management (pm@jdom.org).

 

 In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following:

     "This product includes software developed by the JDOM Project (http://www.jdom.org/)."

 

 Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos.

 

 THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF

 USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 This software consists of voluntary contributions made by many individuals on behalf of the JDOM Project and was originally created by Brett McLaughlin <brett@jdom.org> and Jason Hunter <jhunter@jdom.org>.  For more information on the JDOM Project, please see <http://www.jdom.org/>.

 

 

OpenSSL.  The version of this Program using the Linux PPC platform is accompanied by software currently developed by The OpenSSL Project (http://www.openssl.org/).  IBM obtained the majority of the OpenSSL software under the terms and conditions of the following licenses:

 

  OpenSSL License

  ---------------

 

* Copyright (c) 1998-2001 The OpenSSL Project.  All rights reserved.

 *

 * Redistribution and use in source and binary forms, with or without

 * modification, are permitted provided that the following conditions

 * are met:

 *

 * 1. Redistributions of source code must retain the above copyright

 *    notice, this list of conditions and the following disclaimer.

 *

 * 2. Redistributions in binary form must reproduce the above copyright

 *    notice, this list of conditions and the following disclaimer in

 *    the documentation and/or other materials provided with the

 *    distribution.

 *

 * 3. All advertising materials mentioning features or use of this

 *    software must display the following acknowledgment:

 *    "This product includes software developed by the OpenSSL Project

 *    for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

 *

 * 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to

 *    endorse or promote products derived from this software without

 *    prior written permission. For written permission, please contact

 *    openssl-core@openssl.org.

 *

 * 5. Products derived from this software may not be called "OpenSSL"

 *    nor may "OpenSSL" appear in their names without prior written

 *    permission of the OpenSSL Project.

 *

 * 6. Redistributions of any form whatsoever must retain the following

 *    acknowledgment:

 *    "This product includes software developed by the OpenSSL Project

 *    for use in the OpenSSL Toolkit (http://www.openssl.org/)"

 *

 * THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY

 * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

 * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR

 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

 * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

 * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

 * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

 * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

 * OF THE POSSIBILITY OF SUCH DAMAGE.

 *

 

 * This product includes cryptographic software written by Eric Young

 * (eay@cryptsoft.com).  This product includes software written by Tim

 * Hudson (tjh@cryptsoft.com).

 */

 

 Original SSLeay License

 -----------------------

 

/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)

 * All rights reserved.

 *

 * This package is an SSL implementation written

 * by Eric Young (eay@cryptsoft.com).

 * The implementation was written so as to conform with Netscapes SSL.

 *

 * This library is free for commercial and non-commercial use as long as

 * the following conditions are aheared to.  The following conditions

 * apply to all code found in this distribution, be it the RC4, RSA,

 * lhash, DES, etc., code; not just the SSL code.  The SSL documentation

 * included with this distribution is covered by the same copyright terms

 * except that the holder is Tim Hudson (tjh@cryptsoft.com).

 *

 * Copyright remains Eric Young's, and as such any Copyright notices in

 * the code are not to be removed.

 * If this package is used in a product, Eric Young should be given attribution

 * as the author of the parts of the library used.

 * This can be in the form of a textual message at program startup or

 * in documentation (online or textual) provided with the package.

 *

 * Redistribution and use in source and binary forms, with or without

 * modification, are permitted provided that the following conditions

 * are met:

 * 1. Redistributions of source code must retain the copyright

 *    notice, this list of conditions and the following disclaimer.

 * 2. Redistributions in binary form must reproduce the above copyright

 *    notice, this list of conditions and the following disclaimer in the

 *    documentation and/or other materials provided with the distribution.

 * 3. All advertising materials mentioning features or use of this software

 *    must display the following acknowledgement:

 *    "This product includes cryptographic software written by

 *     Eric Young (eay@cryptsoft.com)"

 *    The word 'cryptographic' can be left out if the rouines from the library

 *    being used are not cryptographic related :-).

 * 4. If you include any Windows specific code (or a derivative thereof) from

 *    the apps directory (application code) you must include an acknowledgement:

 *    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

 *

 * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND

 * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

 * ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

 * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

 * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

 * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

 * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

 * SUCH DAMAGE.

 *

 * The licence and distribution terms for any publically available version or

 * derivative of this code cannot be changed.  i.e. this code cannot simply be

 * copied and put under another distribution licence

 * [including the GNU Public Licence.]

 */

============= COPYRIGHT DES ==============================

Copyright (C) 1995-1997 Eric Young (eay@cryptsoft.com)

All rights reserved.

 

This package is an DES implementation written by Eric Young (eay@cryptsoft.com).

The implementation was written so as to conform with MIT's libdes.

 

This library is free for commercial and non-commercial use as long as

the following conditions are aheared to.  The following conditions

apply to all code found in this distribution.

 

Copyright remains Eric Young's, and as such any Copyright notices in

the code are not to be removed.

If this package is used in a product, Eric Young should be given attribution

as the author of that the SSL library.  This can be in the form of a textual

message at program startup or in documentation (online or textual) provided

with the package.

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions

are met:

1. Redistributions of source code must retain the copyright

   notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright

   notice, this list of conditions and the following disclaimer in the

   documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software

   must display the following acknowledgement:

   This product includes software developed by Eric Young (eay@cryptsoft.com)

 

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE.

 

The license and distribution terms for any publically available version or

derivative of this code cannot be changed.  i.e. this code cannot simply be

copied and put under another distrubution license

[including the GNU Public License.]

 

The reason behind this being stated in this direct manner is past

experience in code simply being copied and the attribution removed

from it and then being distributed as part of other packages. This

implementation was a non-trivial and unpaid effort.

 

============= COPYRIGHT Blowfish ==============================

 

Copyright (C) 1995-1997 Eric Young (eay@cryptsoft.com)

All rights reserved.

 

This package is an Blowfish implementation written

by Eric Young (eay@cryptsoft.com).

 

This library is free for commercial and non-commercial use as long as

the following conditions are aheared to.  The following conditions

apply to all code found in this distribution.

 

Copyright remains Eric Young's, and as such any Copyright notices in

the code are not to be removed.

 

Redistribution and use in source and binary forms, with or without

modification, are permitted provided that the following conditions

are met:

1. Redistributions of source code must retain the copyright

   notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright

   notice, this list of conditions and the following disclaimer in the

   documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software

   must display the following acknowledgement:

   This product includes software developed by Eric Young (eay@cryptsoft.com)

 

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND

ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

SUCH DAMAGE.

 

The license and distribution terms for any publically available version or

derivative of this code cannot be changed.  i.e. this code cannot simply be

copied and put under another distrubution license

[including the GNU Public License.]

 

The reason behind this being stated in this direct manner is past

experience in code simply being copied and the attribution removed

from it and then being distributed as part of other packages. This

implementation was a non-trivial and unpaid effort.

 

============= typical c-file header for Copyrights ========================

 

/* apps/crl2p7.c */

/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)

 * All rights reserved.

 *

 * This package is an SSL implementation written

 * by Eric Young (eay@cryptsoft.com).

 * The implementation was written so as to conform with Netscapes SSL.

 *

 * This library is free for commercial and non-commercial use as long as

 * the following conditions are aheared to.  The following conditions

 * apply to all code found in this distribution, be it the RC4, RSA,

 * lhash, DES, etc., code; not just the SSL code.  The SSL documentation

 * included with this distribution is covered by the same copyright terms

 * except that the holder is Tim Hudson (tjh@cryptsoft.com).

 *

 * Copyright remains Eric Young's, and as such any Copyright notices in

 * the code are not to be removed.

 * If this package is used in a product, Eric Young should be given attribution

 * as the author of the parts of the library used.

 * This can be in the form of a textual message at program startup or

 * in documentation (online or textual) provided with the package.

 *

 * Redistribution and use in source and binary forms, with or without

 * modification, are permitted provided that the following conditions

 * are met:

 * 1. Redistributions of source code must retain the copyright

 *    notice, this list of conditions and the following disclaimer.

 * 2. Redistributions in binary form must reproduce the above copyright

 *    notice, this list of conditions and the following disclaimer in the

 *    documentation and/or other materials provided with the distribution.

 * 3. All advertising materials mentioning features or use of this software

 *    must display the following acknowledgement:

 *    "This product includes cryptographic software written by

 *     Eric Young (eay@cryptsoft.com)"

 *    The word 'cryptographic' can be left out if the rouines from the library

 *    being used are not cryptographic related :-).

 * 4. If you include any Windows specific code (or a derivative thereof) from

 *    the apps directory (application code) you must include an acknowledgement:

 *    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

 *

 * THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND

 * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE

 * ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE

 * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL

 * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS

 * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT

 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY  OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF  SUCH DAMAGE.

 *

 * The licence and distribution terms for any publically available version or

 * derivative of this code cannot be changed.  i.e. this code cannot simply be

 * copied and put under another distribution licence

 * [including the GNU Public Licence.]

 */

 

/* This was written by Gordon Chaffee <chaffee@plateau.cs.berkeley.edu>

 * and donated 'to the cause' along with lots and lots of other fixes to

 * the library. */

 

 

 

II. The following section identifies various third party components contained in IBM Rational Software Architect, IBM Rational Application DEVELOPER, or IBM Rational Web Developer  including websphere application server v.6.0 and websphere portal for multiplatforms  all or portions of which are provided to you under terms and conditions that are different from the IBM International License Agreement for Early Release.  Your use of such components or portions thereof, as indicated, is subject to the terms of the associated license agreement provided or referenced in this section and not the terms of the IBM International License Agreement for Early Release:

 

IBM HTTP SERVER AND THE APACHE HTTP SERVER: The IBM HTTP Server component of the Program includes Apache HTTP Server software developed by The Apache Software Foundation (http://www.apache.org/). The Program also is accompanied by source code for the Apache HTTP Server. Except as noted in the “APACHE HTTP SERVER SUBCOMPONENTS” section below, the portions of the IBM HTTP Server which are based on software developed by The Apache Group and the source code for the Apache HTTP Server are Copyright (c) 2000 The Apache Software Foundation. All rights reserved.  Except as noted in the “APACHE HTTP SERVER SUBCOMPONENTS” section below, your use of the source code for the Apache HTTP Server accompanying the Program is subject to the terms and conditions of the following license from The Apache Software Foundation:

 

 

 * The Apache Software License, Version 1.1

 *

 * Copyright (c) 2000-2001 The Apache Software Foundation.  All rights reserved.

 *

 * Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 *

 * 1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 *

 * 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 *

 * 3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:  "This product includes software developed by the

 *        Apache Software Foundation (http://www.apache.org/)."

 *    Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

 *

 * 4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written    permission, please contact apache@apache.org.

 *

 * 5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

 *

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 * ***************************************************** *

 * This software consists of voluntary contributions made by many

 * individuals on behalf of the Apache Software Foundation.  For more

 * information on the Apache Software Foundation, please see

 * <http://www.apache.org/>.

 *

 * Portions of this software are based upon public domain software

 * originally written at the National Center for Supercomputing Applications,

 * University

 

********************************************************

 

APACHE HTTP SERVER SUBCOMPONENTS: The Apache HTTP Server, both in source code form and in the binary code IBM HTTP Server, 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. IBM did not modify these components after obtaining them as part of the Apache HTTP Server.

 

For the mod_mime_magic component:

 

                /*

                 * mod_mime_magic: MIME type lookup via file magic numbers

                 * Copyright (c) 1996-1997 Cisco Systems, Inc.

                 *

                 * This software was submitted by Cisco Systems to the Apache Group in July

                 * 1997.  Future revisions and derivatives of this source code must

                 * acknowledge Cisco Systems as the original contributor of this module.

                 * All other licensing and usage conditions are those of the Apache Group.

                 *

                 * Some of this code is derived from the free version of the file command

                 * originally posted to comp.sources.unix.  Copyright info for that program

                 * is included below as required.

                 * ---------------------------------------------------------------------------

                 * - Copyright (c) Ian F. Darwin, 1987. Written by Ian F. Darwin.

                 *

                 * This software is not subject to any license of the American Telephone and

                 * Telegraph Company or of the Regents of the University of California.

                 *

                 * Permission is granted to anyone to use this software for any purpose on any

                 * computer system, and to alter it and redistribute it freely, subject to

                 * the following restrictions:

                 *

                 * 1. The author is not responsible for the consequences of use of this

                 * software, no matter how awful, even if they arise from flaws in it.

                 *

                 * 2. The origin of this software must not be misrepresented, either by

                 * explicit claim or by omission.  Since few users ever read sources, credits

                 * must appear in the documentation.

                 *

                 * 3. Altered versions must be plainly marked as such, and must not be

                 * misrepresented as being the original software.  Since few users ever read

                 * sources, credits must appear in the documentation.

                 *

                 * 4. This notice may not be removed or altered.

                 * -------------------------------------------------------------------------

                 *

                 */

 

For the  modules\mappers\mod_imap.c component:

 

                  "macmartinized" polygon code copyright 1992 by Eric Haines, erich@eye.com

 

For the  server\util_md5.c component:

 

                /************************************************************************

                 * NCSA HTTPd Server

                 * Software Development Group

                 * National Center for Supercomputing Applications

                 * University of Illinois at Urbana-Champaign

                 * 605 E. Springfield, Champaign, IL 61820

                 * httpd@ncsa.uiuc.edu

                 *

                 * Copyright  (C)  1995, Board of Trustees of the University of Illinois

                 *

                 ************************************************************************

                 *

                 * md5.c: NCSA HTTPd code which uses the md5c.c RSA Code

                 *

                 *  Original Code Copyright (C) 1994, Jeff Hostetler, Spyglass, Inc.

                 *  Portions of Content-MD5 code Copyright (C) 1993, 1994 by Carnegie Mellon

                 *     University (see Copyright below).

                 *  Portions of Content-MD5 code Copyright (C) 1991 Bell Communications

                 *     Research, Inc. (Bellcore) (see Copyright below).

                 *  Portions extracted from mpack, John G. Myers - jgm+@cmu.edu

                 *  Content-MD5 Code contributed by Martin Hamilton (martin@net.lut.ac.uk)

                 *

                 */

 

                /* these portions extracted from mpack, John G. Myers - jgm+@cmu.edu */

 

                /* (C) Copyright 1993,1994 by Carnegie Mellon University

                 * All Rights Reserved.

                 *

                 * Permission to use, copy, modify, distribute, and sell this software

                 * and its documentation for any purpose is hereby granted without

                 * fee, provided that the above copyright notice appear in all copies

                 * and that both that copyright notice and this permission notice

                 * appear in supporting documentation, and that the name of Carnegie

                 * Mellon University not be used in advertising or publicity

                 * pertaining to distribution of the software without specific,

                 * written prior permission.  Carnegie Mellon University makes no

                 * representations about the suitability of this software for any

                 * purpose.  It is provided "as is" without express or implied

                 * warranty.

                 *

                 * CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH REGARD TO

                 * THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY

                 * AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY BE LIABLE

                 * FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES

                 * WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN

                 * AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING

                 * OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS

                 * SOFTWARE.

                 */

 

                /*

                 * Copyright (c) 1991 Bell Communications Research, Inc. (Bellcore)

                 *

                 * Permission to use, copy, modify, and distribute this material

                 * for any purpose and without fee is hereby granted, provided

                 * that the above copyright notice and this permission notice

                 * appear in all copies, and that the name of Bellcore not be

                 * used in advertising or publicity pertaining to this

                 * material without the specific, prior written permission

                 * of an authorized representative of Bellcore.  BELLCORE

                 * MAKES NO REPRESENTATIONS ABOUT THE ACCURACY OR SUITABILITY

                 * OF THIS MATERIAL FOR ANY PURPOSE.  IT IS PROVIDED "AS IS",

                 * WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. 

                 */

 

For the  srclib\apr\include\apr_md5.h component:

 

                /*

                 * This is work is derived from material Copyright RSA Data Security, Inc.

                 *

                 * The RSA copyright statement and Licence for that original material is

                 * included below. This is followed by the Apache copyright statement and

                 * licence for the modifications made to that material.

                 */

 

                /* Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All

                   rights reserved.

 

                   License to copy and use this software is granted provided that it

                   is identified as the "RSA Data Security, Inc. MD5 Message-Digest

                   Algorithm" in all material mentioning or referencing this software

                   or this function.

 

                   License is also granted to make and use derivative works provided

                   that such works are identified as "derived from the RSA Data

                   Security, Inc. MD5 Message-Digest Algorithm" in all material

                   mentioning or referencing the derived work.

 

                   RSA Data Security, Inc. makes no representations concerning either

                   the merchantability of this software or the suitability of this

                   software for any particular purpose. It is provided "as is"

                   without express or implied warranty of any kind.

 

                   These notices must be retained in any copies of any part of this

                   documentation and/or software.

                 */

 

 

For the  srclib\apr\passwd\apr_md5.c component:

 

                /*

                 * This is work is derived from material Copyright RSA Data Security, Inc.

                 *

                 * The RSA copyright statement and Licence for that original material is

                 * included below. This is followed by the Apache copyright statement and

                 * licence for the modifications made to that material.

                 */

 

                /* MD5C.C - RSA Data Security, Inc., MD5 message-digest algorithm

                 */

 

                /* Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All

                   rights reserved.

 

                   License to copy and use this software is granted provided that it

                   is identified as the "RSA Data Security, Inc. MD5 Message-Digest

                   Algorithm" in all material mentioning or referencing this software

                   or this function.

 

                   License is also granted to make and use derivative works provided

                   that such works are identified as "derived from the RSA Data

                   Security, Inc. MD5 Message-Digest Algorithm" in all material

                   mentioning or referencing the derived work.

 

                   RSA Data Security, Inc. makes no representations concerning either

                   the merchantability of this software or the suitability of this

                   software for any particular purpose. It is provided "as is"

                   without express or implied warranty of any kind.

 

                   These notices must be retained in any copies of any part of this

                   documentation and/or software.

                 */

                /*

                 * The apr_md5_encode() routine uses much code obtained from the FreeBSD 3.0

                 * MD5 crypt() function, which is licenced as follows:

                 * ----------------------------------------------------------------------------

                 * "THE BEER-WARE LICENSE" (Revision 42):

                 * <phk@login.dknet.dk> wrote this file.  As long as you retain this notice you

                 * can do whatever you want with this stuff. If we meet some day, and you think

                 * this stuff is worth it, you can buy me a beer in return.   Poul-Henning Kamp

                 * ----------------------------------------------------------------------------

                 */

 

For the srclib\apr-util\crypto\apr_md4.c component:

 

                 * This is derived from material copyright RSA Data Security, Inc.

                 * Their notice is reproduced below in its entirety.

                 *

                 * Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All

                 * rights reserved.

                 *

                 * License to copy and use this software is granted provided that it

                 * is identified as the "RSA Data Security, Inc. MD4 Message-Digest

                 * Algorithm" in all material mentioning or referencing this software

                 * or this function.

                 *

                 * License is also granted to make and use derivative works provided

                 * that such works are identified as "derived from the RSA Data

                 * Security, Inc. MD4 Message-Digest Algorithm" in all material

                 * mentioning or referencing the derived work.

                 *

                 * RSA Data Security, Inc. makes no representations concerning either

                 * the merchantability of this software or the suitability of this

                 * software for any particular purpose. It is provided "as is"

                 * without express or implied warranty of any kind.

                 *

                 * These notices must be retained in any copies of any part of this

                 * documentation and/or software.

                 */

 

For the srclib\apr-util\include\apr_md4.h component:

 

                 *

                 * This is derived from material copyright RSA Data Security, Inc.

                 * Their notice is reproduced below in its entirety.

                 *

                 * Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All

                 * rights reserved.

                 *

                 * License to copy and use this software is granted provided that it

                 * is identified as the "RSA Data Security, Inc. MD4 Message-Digest

                 * Algorithm" in all material mentioning or referencing this software

                 * or this function.

                 *

                 * License is also granted to make and use derivative works provided

                 * that such works are identified as "derived from the RSA Data

                 * Security, Inc. MD4 Message-Digest Algorithm" in all material

                 * mentioning or referencing the derived work.

                 *

                 * RSA Data Security, Inc. makes no representations concerning either

                 * the merchantability of this software or the suitability of this

                 * software for any particular purpose. It is provided "as is"

                 * without express or implied warranty of any kind.

                 *

                 * These notices must be retained in any copies of any part of this

                 * documentation and/or software.

                 */

 

For the srclib\apr-util\test\testdbm.c component:

 

                /* ====================================================================

                 * The Apache Software License, Version 1.1

                 *

                 * Copyright (c) 2000-2001 The Apache Software Foundation.  All rights

                 * reserved.

                 *

                 * Redistribution and use in source and binary forms, with or without

                 * modification, are permitted provided that the following conditions

                 * are met:

                 *

                 * 1. Redistributions of source code must retain the above copyright

                 *    notice, this list of conditions and the following disclaimer.

                 *

                 * 2. Redistributions in binary form must reproduce the above copyright

                 *    notice, this list of conditions and the following disclaimer in

                 *    the documentation and/or other materials provided with the

                 *    distribution.

                 *

                 * 3. The end-user documentation included with the redistribution,

                 *    if any, must include the following acknowledgment:

                 *       "This product includes software developed by the

                 *        Apache Software Foundation (http://www.apache.org/)."

                 *    Alternately, this acknowledgment may appear in the software itself,

                 *    if and wherever such third-party acknowledgments normally appear.

                 *

                 * 4. The names "Apache" and "Apache Software Foundation" must

                 *    not be used to endorse or promote products derived from this

                 *    software without prior written permission. For written

                 *    permission, please contact apache@apache.org.

                 *

                 * 5. Products derived from this software may not be called "Apache",

                 *    nor may "Apache" appear in their name, without prior written

                 *    permission of the Apache Software Foundation.

                 *

                 * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED

                 * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES

                 * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

                 * DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR

                 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

                 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

                 * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF

                 * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND

                 * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,

                 * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT

                 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

                 * SUCH DAMAGE.

                 * ====================================================================

                 *

                 * This software consists of voluntary contributions made by many

                 * individuals on behalf of the Apache Software Foundation.  For more

                 * information on the Apache Software Foundation, please see

                 * <http://www.apache.org/>.

                 *

                 * This file came from the SDBM package (written by oz@nexus.yorku.ca).

                 * That package was under public domain. This file has been ported to

                 * APR, updated to ANSI C and other, newer idioms, and added to the Apache

                 * codebase under the above copyright and license.

                 */

 

For the srclib\apr-util\test\testmd4.c component:

 

                 *

                 * This is derived from material copyright RSA Data Security, Inc.

                 * Their notice is reproduced below in its entirety.

                 *

                 * Copyright (C) 1990-2, RSA Data Security, Inc. Created 1990. All

                 * rights reserved.

                 *

                 * RSA Data Security, Inc. makes no representations concerning either

                 * the merchantability of this software or the suitability of this

                 * software for any particular purpose. It is provided "as is"

                 * without express or implied warranty of any kind.

                 *

                 * These notices must be retained in any copies of any part of this

                 * documentation and/or software.

                 */

 

For the srclib\apr-util\xml\expat\conftools\install-sh component:

 

                #

                # install - install a program, script, or datafile

                # This comes from X11R5 (mit/util/scripts/install.sh).

                #

                # Copyright 1991 by the Massachusetts Institute of Technology

                #

                # Permission to use, copy, modify, distribute, and sell this software and its

                # documentation for any purpose is hereby granted without fee, provided that

                # the above copyright notice appear in all copies and that both that

                # copyright notice and this permission notice appear in supporting

                # documentation, and that the name of M.I.T. not be used in advertising or

                # publicity pertaining to distribution of the software without specific,

                # written prior permission.  M.I.T. makes no representations about the

                # suitability of this software for any purpose.  It is provided "as is"

                # without express or implied warranty.

                #

 

For the srclib\pcre\install-sh component:

 

                #

                # Copyright 1991 by the Massachusetts Institute of Technology

                #

                # Permission to use, copy, modify, distribute, and sell this software and its

                # documentation for any purpose is hereby granted without fee, provided that

                # the above copyright notice appear in all copies and that both that

                # copyright notice and this permission notice appear in supporting

                # documentation, and that the name of M.I.T. not be used in advertising or

                # publicity pertaining to distribution of the software without specific,

                # written prior permission.  M.I.T. makes no representations about the

                # suitability of this software for any purpose.  It is provided "as is"

                # without express or implied warranty.

 

For the pcre component:

 

                /*

 

                PCRE LICENCE

                ------------

 

                PCRE is a library of functions to support regular expressions whose syntax

                and semantics are as close as possible to those of the Perl 5 language.

 

                Written by: Philip Hazel <ph10@cam.ac.uk>

 

                University of Cambridge Computing Service,

                Cambridge, England. Phone: +44 1223 334714.

 

                Copyright (c) 1997-2000 University of Cambridge

 

                Permission is granted to anyone to use this software for any purpose on any

                computer system, and to redistribute it freely, subject to the following

                restrictions:

 

                1. This software is distributed in the hope that it will be useful,

                   but WITHOUT ANY WARRANTY; without even the implied warranty of

                   MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

 

                2. The origin of this software must not be misrepresented, either by

                   explicit claim or by omission. In practice, this means you must put

                   a sentence like this

 

                     Regular expression support is provided by the PCRE library package,

                     which is open source software, copyright by the University of

                     Cambridge.

 

                   somewhere reasonably visible in your documentation and in any relevant

                   files. A reference to the ftp site for the source should also be given

 

                     ftp://ftp.csx.cam.ac.uk/pub/software/programming/pcre/

 

                   in the documentation.

 

                3. Altered versions must be plainly marked as such, and must not be

                   misrepresented as being the original software.

 

                4. If PCRE is embedded in any software that is released under the GNU

                   General Purpose Licence (GPL), then the terms of that licence shall

                   supersede any condition above with which it is incompatible.

 

                End

                */

 

For the test\zb.c component:

 

                /*                          ZeusBench V1.01

                                                                    ===============

 

                This program is Copyright (C) Zeus Technology Limited 1996.

 

                This program may be used and copied freely providing this copyright notice

                is not removed.

 

                This software is provided "as is" and any express or implied waranties,

                including but not limited to, the implied warranties of merchantability and

                fitness for a particular purpose are disclaimed.  In no event shall

                Zeus Technology Ltd. be liable for any direct, indirect, incidental, special,

                exemplary, or consequential damaged (including, but not limited to,

                procurement of substitute good or services; loss of use, data, or profits;

                or business interruption) however caused and on theory of liability.  Whether

                in contract, strict liability or tort (including negligence or otherwise)

                arising in any way out of the use of this software, even if advised of the

                possibility of such damage.

 

                     Written by Adam Twiss (adam@zeus.co.uk).  March 1996

 

                Thanks to the following people for their input:

                  Mike Belshe (mbelshe@netscape.com)

                  Michael Campanella (campanella@stevms.enet.dec.com)

 

                */

 

For the expat xml parser component:

 

                          Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd

                                                         and Clark Cooper

 

                          Permission is hereby granted, free of charge, to any person obtaining

                          a copy of this software and associated documentation files (the

                          "Software"), to deal in the Software without restriction, including

                          without limitation the rights to use, copy, modify, merge, publish,

                          distribute, sublicense, and/or sell copies of the Software, and to

                          permit persons to whom the Software is furnished to do so, subject to

                          the following conditions:

                         

                          The above copyright notice and this permission notice shall be included

                          in all copies or substantial portions of the Software.

                         

                          THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,

                          EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

                          IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY

                          CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,

                          TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE

                          SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

 

================================================================================

For portions of WebSphere Application Server v. 5.02and 5.1, the following may apply:

 

 

MOD_DAV: The IBM HTTP Server component of the Program includes software developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module for the Apache HTTP Server (http://www.webdav.org/mod_dav/), in that the IBM HTTP Server is accompanied by the mod_dav module in source and binary code form.  The mod_dav module, in both source and binary code form, is based on software developed by Greg Stein and is Copyright (c) 1998-2000 Greg Stein. All rights reserved.  Your use of the mod_dav module in both source and binary code form accompanying the Program is subject to the terms and conditions of the following license from Greg Stein:

 

Copyright © 1998-2000 Greg Stein. All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1.   Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2.   Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3.   All advertising materials mentioning features or use of this software must display the following acknowledgment:

 

This product includes software developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module for  Apache (http://www.webdav.org/mod_dav/).

 

4.   Products derived from this software may not be called "mod_dav" nor may "mod_dav" appear in their names without prior written permission of Greg Stein. For written permission, please contact gstein@lyra.org.

 

5.   Redistributions of any form whatsoever must retain the following acknowledgment:

 

 This product includes software developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module for  Apache (http://www.webdav.org/mod_dav/).

 

THIS SOFTWARE IS PROVIDED BY GREG STEIN ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL GREG STEIN OR THE SOFTWARE'S CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

 

 

RSA DATA SECURITY CODE.  The Program includes software derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm. Your use of the RSA Data Security, Inc. MD5 Message-Digest Algorithm source code accompanying the Program is subject to the terms and conditions of the following license from RSA Data Security, Inc.: 

 

 

/* MD5C.C - RSA Data Security, Inc., MD5 message-digest algorithm

 */

 

/* Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved.

 

License to copy and use this software is granted provided that it is identified as the "RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing this software or this function.

 

License is also granted to make and use derivative works provided that such works are identified as "derived from the RSA Data Security, Inc. MD5 Message-Digest Algorithm" in all material mentioning or referencing the derived work.

 

RSA Data Security, Inc. makes no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind.

 

These notices must be retained in any copies of any part of this documentation and/or software.

 */

 

 

 

HARRY SPENCER CODE: The Program includes software based on (and which constitutes an alteration of) software developed by Harry Spencer. Your use of the source code for this software accompanying the Program is subject to the terms and conditions of the following license from Harry Spencer: 

 

Copyright 1992, 1993, 1994 Henry Spencer.  All rights reserved.  This software is not subject to any license of the American Telephone and Telegraph Company or of the Regents of the University of California.

 

Permission is granted to anyone to use this software for any purpose on any computer system, and to alter it and redistribute it, subject to the following restrictions:

 

1. The author is not responsible for the consequences of use of this software, no matter how awful, even if they arise from flaws in it.

 

2. The origin of this software must not be misrepresented, either by explicit claim or by omission.  Since few users ever read sources, credits must appear in the documentation.

 

3. Altered versions must be plainly marked as such, and must not be misrepresented as being the original software.  Since few users ever read sources, credits must appear in the documentation.

 

4. This notice may not be removed or altered.

 

 

DATADIRECT:  Portions of this software are copyrighted by DataDirect Technologies, 1991-2002.

 

FASTCGI CODE: The Program includes FastCGI software that is copyrighted by Open Market, Inc.  IBM obtained the FastCGI software under the terms and conditions of the following license from Open Market.  Your use of the FastCGI software accompanying the Program is subject to the terms and conditions of the following license from Open Market, Inc: 

 

 

FASTCGI CODE: This FastCGI application library source and object code (the "Software") and its documentation (the "Documentation") are copyrighted by Open Market, Inc ("Open Market").  The following terms apply to all files associated with the Software and Documentation unless explicitly disclaimed in individual files.

 

Open Market permits you to use, copy, modify, distribute, and license this Software and the Documentation solely for the purpose of implementing the FastCGI specification defined by Open Market or derivative specifications publicly endorsed by Open Market and promulgated by an open standards organization and for no other purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions.

 

No written agreement, license, or royalty fee is required for any of the authorized uses.  Modifications to this Software and Documentation may be copyrighted by their authors and need not follow the licensing

terms described here, but the modified Software and Documentation must be used for the sole purpose of implementing the FastCGI specification defined by Open Market or derivative specifications publicly endorsed by Open Market and promulgated by an open standards organization and for no other purpose.  If modifications to this Software and Documentation have new licensing terms, the new terms must protect Open Market's proprietary rights in the Software and Documentation to the same extent as these licensing terms and must be clearly indicated on the first page of each file where they apply.

 

Open Market shall retain all right, title and interest in and to the Software and Documentation, including without limitation all patent, copyright, trade secret and other proprietary rights.

 

OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE

SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".  OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.

 

 

================================================================================

 

JYTHON. The Program includes Jython software (which in turn includes JPython software), which is Copyright (c) 2000, Jython Developers. All rights reserved. IBM did not modify the Jython software although it believes the Jython software constitutes a modification of JPython software, which is Copyright ©1996-1999 Corporation for National Research Initiatives. All Rights Reserved. IBM believes that the original JPython (Version 1.1.x) software is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement is reproduced below and may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1006. The License may also be obtained from a proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006. In addition, Jython includes software developed by the Apache Software Foundation (http://www.apache.org/), which is Copyright (c) 2001 The Apache Software Foundation.  All rights reserved.  IBM obtained the Jython software under the terms and conditions of the following licenses from Jython Developers, CNRI, and The Apache Software Foundation:

 

 

1)                      Jython Developers

 

Jython changes Software License.

================================

 

Copyright (c) 2000, Jython Developers    All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

                          - Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

                          - Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

                          - Neither the name of the Jython Developers nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING   NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS  SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

2)                      Jpython Software License (CNRI)

 

IMPORTANT:  PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY. 

 

BY CLICKING ON THE "ACCEPT" BUTTON WHERE INDICATED, OR BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ARE DEEMED TO HAVE AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

JPython version 1.1.x

 

1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 ("CNRI"), and the Individual or Organization ("Licensee") accessing and using JPython version 1.1.x in source or binary form and its associated documentation as provided herein ("Software").

 

2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that CNRI's License Agreement and CNRI's notice of copyright, i.e., "Copyright ©1996-1999 Corporation for National Research Initiatives; All Rights Reserved" are both retained in the Software, alone or in any derivative version prepared by Licensee.

 

Alternatively, in lieu of CNRI's License Agreement, Licensee may substitute the following text (omitting the quotes), provided, however, that such text is displayed prominently in the Software alone or in an derivative version prepared by Licensee: "JPython (Version 1.1.x) is made available subject to the terms and conditions in CNRI's License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle):   1895.22/1006. The License may also be obtained from a proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006."

 

3. In the event Licensee prepares a derivative work that is based on or incorporates the Software or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work, in a prominently visible way, the nature of the modifications made to CNRI's Software.

 

4. Licensee may not use CNRI trademarks or trade name, including Jpython or CNRI, in a trademark sense to endorse or promote products or services of Licensee, or any third party. Licensee may use the mark JPython in connection with Licensee's derivative versions that are based on or incorporate the Software, but only in the form "JPython-based ___________________," or equivalent.

 

5. CNRI is making the Software available to Licensee on an "AS IS" basis.  CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.

 

6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.

 

7. This License Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.

 

8. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee.

 

9. By clicking on the "ACCEPT" button where indicated, or by installing, copying or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.

 

[ACCEPT BUTTON]

 

3)                      The Apache Software License.

 

The oro regular expression matcher code in Jython is covered by The Apache Software License.  See the org/apache/LICENSE file for details.  

 

The Apache Software License, Version 1.1

 

Copyright (c) 2001 The Apache Software Foundation.  All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:  "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."  Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

 

4. The names "The Jakarta Project", "James", and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

 

5. Products derived from this software may not be called "Apache" nor may "Apache" appear in their names without prior written permission of the Apache Group.

 

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT  LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

******************************************

 

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation.  For more information on the Apache Software Foundation, please see  <http://www.apache.org/>.

 

 

 

JACL 1.2.6 and 1.3.1. This product includes Jacl 1.3.1, consisting of the <was_install_root>\lib\jacl.jar and <was_install_root>\lib\tcljava.jar.  IBM obtained this software code under the terms and conditions reproduced below, and the Jacl software is provided to you under these terms and conditions.  IBM believes that this software code was modified from the copy originally released by Sun Microsystems, Inc., both by IBM and by prior authors.

 

1) Sun Microsystems License

License Terms and Conditions

SUN MICROSYSTEMS, INC. THROUGH ITS SUN MICROSYSTEMS LABORATORIES DIVISION ("SUN") WILL LICENSE THIS SOFTWARE AND THE ACCOMPANYING DOCUMENTATION TO YOU (a "Licensee") ONLY ON YOUR ACCEPTANCE OF ALL  THE TERMS SET FORTH BELOW.

 

Sun grants Licensee a non-exclusive, royalty-free right to download, install, compile, use, copy and distribute the Software, modify or otherwise create derivative works from the Software (each, a "Modification") and distribute any Modification in source code and/or binary code form to its customers with a license agreement containing these terms and noting that the Software has been modified. The Software is copyrighted by Sun and other third parties and Licensee shall retain and reproduce all copyright and other notices presently on the Software. As between Sun and Licensee, Sun is the sole owner of all rights in and to the Software other than the limited rights granted to Licensee herein; Licensee will own its Modifications, expressly subject to Sun's continuing ownership of the Software. Licensee will, at its expense, defend and indemnify Sun and its licensors from and against any third party claims, including costs and reasonable attorneys' fees, and be wholly responsible for any liabilities arising out of or related to Licensee's development, use or distribution of the Software or Modifications. Any distribution of the Software and Modifications must comply with all applicable United States export control laws.

 

THE SOFTWARE IS BEING PROVIDED TO LICENSEE "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT WILL SUN BE LIABLE HEREUNDER FOR ANY DIRECT DAMAGES OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.

 

**************************************

 

2) OROMatcher License (Daniel Savarese License)

 

License

-------

 

Daniel Savarese, hereinafter referred to as Licensor, grants Jacl users, hereinafter referred to as Licensee, a non-exclusive, non-transferable limited license to use the OROMatcher Java class package (Licensed Software) in conjunction with Jacl (Java Command Language) software.  There is no fee for this license.  This license shall remain in effect so long as Jacl remains a free technology (i.e., so long as no fee is charged for the use of Jacl).

 

The Licensed Software comprises any version of the OROMatcher Java class package in object code form (Java .class files) with a major revision number less than 2.

 

Licensee may use and redistribute the Licensed Software as follows:

 

  1. Licensee may reproduce and redistribute the Licensed Software in object code form only (Java .class files) and only when incorporated into the Jacl software product.

 

  2. Licensee must include this license with the Jacl software product so long as Jacl continues to incorporate the Licensed Software.

 

  3. Licensee may not make direct use of OROMatcher APIs except when implementing Jacl regular expression functions.  All further use of OROMatcher must be indirect, through the Jacl regular expression interface.  If Licensee desires to make direct use of OROMatcher APIs in Java programs, Licensee must separately obtain OROMatcher from Daniel Savarese at http://www.oroinc.com/ or http://www.savarese.org/.

 

  4. Except as permitted by this License, Licensee may not decompile, reverse engineer, disassemble, modify, rent, lease, loan, distribute, create derivative works from the Licensed Software or transmit the Licensed Software over a network.

 

LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE LICENSED SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LICENSOR SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE LICENSED SOFTWARE OR ITS DERIVATIVES. THE LICENSED SOFTWARE IS NOT DESIGNED FOR USE IN HIGH RISK ACTIVITIES REQUIRING FAIL-SAFE PERFORMANCE. ORO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.

 

**********************************

3)  University of California License

 

Portions of Jacl and Tcl Blend are

Copyright (c) 1997-1999 The Regents of the University of California.

All rights reserved.

 

Permission is hereby granted, without written agreement and without license or royalty fees, to use, copy, modify, and distribute this software and its documentation for any purpose, provided that the above copyright notice and the following two paragraphs appear in all copies of this software.

 

IN NO EVENT SHALL THE UNIVERSITY OF CALIFORNIA BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF THE UNIVERSITY OF CALIFORNIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

THE UNIVERSITY OF CALIFORNIA SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE PROVIDED HEREUNDER IS ON AN "AS IS" BASIS, AND THE UNIVERSITY OF CALIFORNIA HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

 

================================================================================

 

HP-UX DEVELOPER’S KIT FOR JAVA.  For the version of this Program using the HP-UX platform, the Program includes a copy of the HP-UX Developer's Kit for Java for your convenience.

 

This component is subject to the terms and conditions of the following license agreements from Hewlett-Packard Co. included with the HP-UX Developer's Kit for Java.

 

 

 HP-UX SDK, for the Java(tm) 2 Platform ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE WARRANTY DISCLAIMER ATTACHED.  IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.

 

HP SOFTWARE LICENSE TERMS

 

The following terms govern your use of the Software unless you have a separate written agreement with HP.

 

License Grant

 

HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently.

 

Ownership

 

The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License Terms.

 

Copies and Adaptations

 

You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.

 

No Disassembly or Decryption

You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for disassembly or decompilation. Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.

 

Transfer

 

Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.

 

Termination

 

HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

 

Export Requirements

 

You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

 

This software or any copy or adaptation may not be exported, reexported or transferred to or within countries under U.S. economic embargo including the following countries: Afghanistan (Taliban-controlled areas),  Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan and Syria.  This list is subject to change.

 

This software or any copy or adaptation may not be exported, reexported or transferred to persons or entities listed on the U.S. Department of Commerce Denied Parties List or on any U.S. Treasury Department Designated Nationals exclusion list, or to any party directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or related missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 730).

 

 

U.S. Government Restricted Rights

 

The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in

FAR2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.

 

SUPPLEMENTAL RESTRICTIONS

 

You acknowledge the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. HP disclaims any express or implied warranty of fitness for such uses.

 

HP WARRANTY STATEMENT

 

DURATION OF LIMITED WARRANTY: 90 DAYS

 

HP warrants to you, the end customer, that HP hardware, accessories, and supplies will be free from defects in materials and workmanship after the date of purchase for the period specified above.   If HP receives notice of such defects during the warranty period, HP will, at its option, either repair or replace products which prove to be defective. Replacement products may be either new or equivalent in performance to new.

 

HP warrants to you that HP Software will not fail to execute its programming instructions after the date of purchase, for the period specified above, due to defects in materials and workmanship when properly installed and used. If HP receives notice of such defects during the warranty period, HP will replace Software which does not execute its programming instructions due to such defects.

 

HP does not warrant that the operation of HP products will be uninterrupted or error free. If HP is unable, within a reasonable time, to repair or replace any product to a condition warranted, you will be entitled to a refund of the purchase price upon prompt return of the product. Alternatively, in the case of HP Software, you will be entitled to a refund of the purchase price upon prompt delivery to HP of written notice from you confirming destruction of the HP Software, together with all copies, adaptations, and merged portions in any form.

 

HP products may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use.

 

Warranty does not apply to defects resulting from:

(a) improper or inadequate maintenance or calibration; (b) software, interfacing, parts or supplies not supplied by HP, (c) unauthorized modification or misuse; (d) operation outside of the published environmental specifications for the product, or (e) improper site preparation or maintenance.

 

TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some countries, states, or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state, or province to province.

 

TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT,  TORT, OR OTHERWISE. Some countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

 

 

 

HP-UX Runtime Environment, for the Java(tm) 2 Platform

 

ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE WARRANTY DISCLAIMER ATTACHED.  IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.

 

HP SOFTWARE LICENSE TERMS

 

The following terms govern your use of the Software unless you have a separate written agreement with HP.

 

License Grant

 

HP grants you a license to Use one copy of the Software. "Use" means storing, loading, installing, executing or displaying the Software. You may not modify the Software or disable any licensing or control features of the Software. If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently.

 

Ownership

 

The Software is owned and copyrighted by HP or its third party suppliers. Your license confers no title or ownership in the Software and is not a sale of any rights in the Software. HP's third party suppliers may protect their rights in the event of any violation of these License Terms.

 

Copies and Adaptations

 

You may only make copies or adaptations of the Software for archival purposes or when copying or adaptation is an essential step in the authorized Use of the Software. You must reproduce all copyright notices in the original Software on all copies or adaptations. You may not copy the Software onto any bulletin board or similar system.

 

No Disassembly or Decryption

 

You may not disassemble or decompile the Software unless HP's prior written consent is obtained. In some jurisdictions, HP's consent may not be required for disassembly or decompilation.

Upon request, you will provide HP with reasonably detailed information regarding any disassembly or decompilation. You may not decrypt the Software unless decryption is a necessary part of the operation of the Software.

 

Transfer

 

Your license will automatically terminate upon any transfer of the Software. Upon transfer, you must deliver the Software, including any copies and related documentation, to the transferee. The transferee must accept these License Terms as a condition to the transfer.

 

Termination

 

HP may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form.

 

Export Requirements

 

You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.

 

This software or any copy or adaptation may not be exported, reexported or transferred to or within countries under U.S. economic embargo including the following countries: Afghanistan (Taliban-controlled areas), Cuba, Iran, Iraq, Libya, North Korea, Serbia, Sudan and Syria.  This list is subject to change.

 

This software or any copy or adaptation may not be exported, reexported or transferred to persons or entities listed on the U.S. Department of Commerce Denied Parties List or on any U.S. Treasury Department Designated Nationals exclusion list, or to any party directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or related missile technology programs as specified in the U.S. Export Administration Regulations (15 CFR 730).

 

U.S. Government Restricted Rights

 

The Software and any accompanying documentation have been developed entirely at private expense. They are delivered and licensed as "commercial computer software" as defined in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014 (Jun 1995), as a "commercial item" as defined in FAR2.101(a), or as "Restricted computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency regulation or contract clause), whichever is applicable. You have only those rights provided for such Software and any accompanying documentation by the applicable FAR or DFARS clause or the HP standard software agreement for the product involved.

 

SUPPLEMENTAL RESTRICTIONS

 

You acknowledge the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility. HP disclaims any express or implied warranty of fitness for such uses.

 

ADDITIONAL SUPPLEMENTAL RESTRICTIONS FOR HP-UX RUNTIME ENVIRONMENT,

FOR THE JAVA(TM) 2 PLATFORM

 

* License to Distribute HP-UX Runtime Environment, for the Java(tm) 2 Platform. You are granted a royalty-free right to reproduce and  distribute the HP-UX Runtime Environment, for Java provided that you distribute the HP-UX Runtime Environment, for the Java 2 Platform complete and unmodified, only as a part of, and for the sole purpose of running your Java compatible applet or application ("Program") into which the HP-UX Runtime Environment, for the Java 2 Platform is incorporated.

 

* Java Platform Interface. Licensee may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that Licensee creates any Java-related API and distributes such API to others for applet or application development, Licensee must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.

 

* You may make the HP-UX Runtime Environment, for the Java 2 Platform accessible to application programs developed by you provided that the programs allow such access only through the Invocation Interface specified and provided that you shall not expose or document other interfaces that permit access to such HP-UX Runtime Environment, for the Java 2 Platform. You shall not be restricted hereunder from exposing or documenting interfaces to software components that use or access the HP-UX Runtime Environment, for the Java 2 Platform.

 

 

HP WARRANTY STATEMENT

 

DURATION OF LIMITED WARRANTY: 90 DAYS

 

HP warrants to you, the end customer, that HP hardware, accessories, and supplies will be free from defects in materials and workmanship after the date of purchase for the period specified above.  If HP receives notice of such defects during the  warranty period, HP will, at its option, either repair or replace products which prove to be defective. Replacement products may be either new or equivalent in performance to new.

 

HP warrants to you that HP Software will not fail to execute its programming instructions after the date of purchase, for the period specified above, due to defects in materials and workmanship when properly installed and used. If HP receives notice of such defects during the warranty period, HP will replace Software which does not execute its programming instructions due to such defects.

 

HP does not warrant that the operation of HP products will be uninterrupted or error free. If HP is unable, within a reasonable time, to repair or replace any product to a condition warranted, you will be entitled to a refund of the purchase price upon prompt return of the product. Alternatively, in the case of HP Software, you will be entitled to a refund of the purchase price upon prompt delivery to HP of written notice from you confirming destruction of the HP Software, together with all copies, adaptations, and merged portions in any form.

 

HP products may contain remanufactured parts equivalent to new in performance or may have been subject to incidental use.

 

Warranty does not apply to defects resulting from:

(a) improper or inadequate maintenance or calibration; (b) software, interfacing, parts or supplies not supplied by HP, (c) unauthorized modification or misuse; (d) operation outside of the published environmental specifications for the product, or (e) improper site preparation or maintenance.

 

TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF

MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some countries, states, or provinces do not allow limitations on the duration of an implied warranty, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights and you might also have other rights that vary from country to country, state to state, or province to province.

 

TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. Some countries, states, or provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

 

================================================================================

 

ECLIPSE MODELING FRAMEWORK (EMF).  The Program is accompanied by Eclipse Modeling Framework (EMF) software in object code form.  The source code version of this software is available for download at  http://www.eclipse.org/emf under the terms substantially different from those of the Program.  Except as provided immediately below, the object code version of EMF software accompanying this Program is licensed to you under the terms and conditions of the  Common Public License - v 1.0, which is located at the end of this file.

 

The org/eclipse/emf/codegen/jet package in the EMF software accompanying this Program is based on Apache Tomcat software developed by The Apache Software Foundation (http://www.apache.org) as part of the "Jakarta" project.  The portions of the Program which are based on software developed by The Apache Software Foundation are Copyright (c) 1999, 2003 The Apache Software Foundation.  All rights reserved.  IBM obtained the Apache Tomcat software under the terms and conditions of the following license from The Apache Software Foundation: 

  

 *

 * The Apache Software License, Version 1.1

 *

 * Copyright (c) 2003 The Apache Software Foundation.  All rights

 * reserved.

 *

 * Redistribution and use in source and binary forms, with or without

 * modification, are permitted provided that the following conditions

 * are met:

 *

 * 1. Redistributions of source code must retain the above copyright

 *    notice, this list of conditions and the following disclaimer.

 *

 * 2. Redistributions in binary form must reproduce the above copyright

 *    notice, this list of conditions and the following disclaimer in

 *    the documentation and/or other materials provided with the

 *    distribution.

 *

 * 3. The end-user documentation included with the redistribution, if

 *    any, must include the following acknowlegement:

 *       "This product includes software developed by the

 *        Apache Software Foundation (http://www.apache.org/)."

 *    Alternately, this acknowlegement may appear in the software itself,

 *    if and wherever such third-party acknowlegements normally appear.

 *

 * 4. The names "The Jakarta Project", "Tomcat", and "Apache Software

 *    Foundation" must not be used to endorse or promote products derived

 *    from this software without prior written permission. For written

 *    permission, please contact apache@apache.org.

 *

 * 5. Products derived from this software may not be called "Apache"

 *    nor may "Apache" appear in their names without prior written

 *    permission of the Apache Group.

 *

 * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED

 * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES

 * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE

 * DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR

 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

 * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF

 * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND

 * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,

 * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT

 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF

 * SUCH DAMAGE.

 *

************************************

 * This software consists of voluntary contributions made by many

 * individuals on behalf of the Apache Software Foundation.  For more

 * information on the Apache Software Foundation, please see

 * <http://www.apache.org/>.

 *

 * [Additional notices, if required by prior licensing conditions]

 *

================================================================================

 

 

ASPECTJ Software. The Program is accompanied by AspectJ software in object code form.  The source code version of this software is available for download at http://www.eclipse.org/aspectj under terms substantially different from those of the Program.  The object code version of AspectJ software accompanying this Program is licensed to you under the terms and conditions of the Common Public License v.1.0, which is located at the end of this file. 

 

 

================================================================================

================================================================================

The terms of the Common Public License v.1.0 are repeated here for your convenience and are applicable only as EXPRESSLY stated IN THIS FILE.

COMMON PUBLIC LICENSE - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

"Contribution" means:

a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:

i) changes to the Program, and

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 a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

============================================================================

 

CRYSTAL REPORTS

 

Crystal Enterprise 10 PrOFESSIONAL for IBM Rational Software Architect, IBM Rational Application DEVELOPER, or IBM Rational Web Developer  and Rational APPLICATION DEVELOPER ("OEM Products") LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSINESS OBJECTS FOR THE BUSINESS OBJECTS SOFTWARE PRODUCT IDENTIFIED ABOVE AND ADD-ONS DESCRIBED HEREIN, WHICH MAY INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”).   BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS (“AGREEMENT”).

 

1.        GRANT OF LICENSE. Business Objects grants you a nonexclusive and limited license to use the Software functionalities solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Software is licensed, not sold, to you.  You acquired this Software provided with or in combination with a third party product, and you may only use the Software with the third party product as described in Section 3 below (“OEM License”).  This license does not apply to any other software program provided with the Software, including promotional software.  This Agreement does not give you any right to distribute the Software or any portion or derivative work thereof to third parties.   

“Business Objects” refers to (a) any Business Objects S.A. subsidiary that may exist in the country where you are established; or  (b) Business Objects Software Limited, if no Business Objects S.A. subsidiary exists in the country where you are established.

 

2.       INSTALLATION AND USE.

 

The Software may be installed only in conjunction with the OEM Product with which it was provided. The Crystal Enterprise Professional Edition Software provided with the OEM Product may only be used for the purpose of developing and testing and may not be used for production purposes. In addition, you may only use five (5) Tests Logon licenses per Crystal Enterprise System and one Crystal Enterprise System per desktop OEM Product license (i.e., a single deployment of the OEM Product). A Crystal Enterprise System is defined as a set of servers that share a common Central Management Server (as defined in the documentation). A "Test Logon license" is a unique account profile that represents a user and which for testing may be shared by multiple testers.

 

Furthermore, the Software may be copied and installed as is reasonably necessary for disaster recovery, emergency restart, and backup purposes.  

 

Business Objects may control the number and type of licenses and further restrict the use of the Software by key codes.  Additional information can be found at:

http://www.businessobjects.com/products/reporting/crystalreports/java

 

 

3.       LICENSE TYPE.

 

OEM License.. In addition to the above restrictions, the Software may only be used in conjunction with the OEM Product with which it was provided and may only be used to process, distribute, and display reports that only access data from data files, artifacts, or databases that are: (1) distributed with, created by, or used by the OEM Product; and (2) are part of the software development environment.

 

OEM Licenses may not be combined with unrestricted licenses in the same Business Objects deployment.

 

4.       OWNERSHIP. Business Objects and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist.  You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property.  You agree to use reasonable efforts to prevent and protect the contents of the Software from unauthorized disclosure or use.  Business Objects and/or its suppliers reserve all rights not expressly granted to you.  Business Objects’ suppliers are the intended third party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein. 

 

5.       COPYRIGHT. The Software is copyrighted by Business Objects and/or its suppliers and is protected by United States copyright and patent laws and international treaty provisions.  You may not copy the Software except:  (a) to provide a backup copy; or (b) to install the Software components licensed by you, as set forth in Sections 2 and 3, on to computers as part of executing the Software.  Solely with respect to the documentation included with the Software, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their use of the Software and are not republished or distributed to any third party.  You must reproduce and include all copyright notices, trademarks or other proprietary legends of Business Objects and its suppliers on any copy of the Software or documentation made by you.  Any and all other copies of the Software made by you are in violation of this License Agreement.

 

6.       RESTRICTIONS. Except as expressly permitted by this License Agreement: (a) you may access the Software only in connection with the processing and distribution to your employees, customers and business partners of: (i) your data, and (ii) any third-party data you have a right to process and distribute; (b) you shall not use the Software on a timesharing basis or to operate a service bureau facility or provide hosted services for the benefit of third-parties; (c) you shall not modify or translate the Software except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) you shall not in any way reverse engineer, disassemble or decompile the Software or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) you shall not sublicense, assign, rent, sell, lease, distribute or otherwise transfer the Software or any of the rights granted by this License Agreement without the express written permission of Business Objects; (f) you shall not use the Software to develop a product for distribution that is generally competitive with Business Objects product offerings; (g) you shall not use the Software to develop a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Business Objects; (h) you shall not alter, disassemble, decompile, translate, adapt, or reverse-engineer the report file (.RPT) format; (i) you shall not use unauthorized keycodes to access additional Software functionality or performance, and (j) you shall not disclose any Software benchmark results to any third party without Business Objects’ prior written approval.  If you wish to develop and/or test an interface to the Software or merge the Software with any other software, you shall inform Business Objects and Business Objects, at its option, may provide you with information sufficient to enable interoperability between the Software and such other software or products.

 

7.       LIMITED WARRANTY AND REMEDY.

 

(a)   Business Objects warrants to you that: (i) for a period of ninety (90) days from delivery of the Software, the Software will substantially conform to the functional description set forth in its associated documentation; and (ii) for a period of ninety (90) days from delivery the physical media (e.g., diskettes or CD-ROM) and physical documentation containing the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and media are limited to ninety (90) days from delivery, to the extent such warranties cannot be disclaimed under Section 7(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Business Objects does not warrant that use of the Software will be uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under a maintenance program, shall not restart or otherwise affect the warranty period.

 

(b)   Your exclusive remedy for breach of the above-stated limited warranty shall be, at Business Objects' option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the Software and OEM Product, pursuant to the terms of the OEM’s license agreement, thereby terminating  this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Business Objects only if you give Business Objects written notice of any breach of the above-stated limited warranty, within ninety (90) days of delivery of the Software.

 

(c)     EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, BUSINESS OBJECTS AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS: (I) OF MERCHANTABILITY; (II) OF SATISFACTORY OR MERCHANTABLE QUALITY; (III) OF FITNESS FOR A PARTICULAR PURPOSE; (IV) OF NONINFRINGEMENT; OR (V) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction.

 

8.       LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will BUSINESS OBJECTS or its officers, employees, DISTRIBUTORS (INCLUDING THE OEM), SUPPLIERS or aFFILIATES be liable for: (I) COSTS OF SUBSTITUTE GOODS OR SERVICES; (Ii) special, INDIRECT, incidental or consequential damages OF ANY CHARACTER, WHETHER In an action of contract OR tort, even if Business Objects has been advised of the possibility of such damages; (iii) any claim against you by any third party; and (iv) any damages, losses or injuries to you, or those claiming through you, in excess of the feeS paid by you for the Software  DIRECTLY CAUSING THE LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. . Some states/jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.  IN NO EVENT SHALL OEM BE LIABLE TO YOU UNDER THIS AGREEMENT.

 

9.       TERMINATION.  This Agreement may be terminated by Business Objects if:  you fail to comply with any of the terms and conditions set forth in this Agreement and do not remedy such failure within thirty (30) days after receiving notice thereof. Upon any termination of this Agreement, you agree to: (i) immediately cease all use of the Software, including the use and distribution of any Custom Applications incorporating the Software; and (ii)  destroy same, and certify to Business Objects, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used. Sections 4, 5, 7(c), 8, 10, 11, 12, 13, and 14 shall survive any termination of this License Agreement.

10.    AUDIT.  During the term of this Agreement and for three (3) years after termination or expiration, Business Objects may audit, upon reasonable notice to you and at Business Objects’ expense, your books and records to determine your compliance with this Agreement.  In the event  that you have knowingly breached any material obligation hereunder, then, in addition to such other remedies as Business Objects may have, you shall pay or reimburse to Business Objects the cost of the audit.

 

11.    GENERAL. Except as otherwise preempted by United States federal law, this Agreement is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and Business Objects, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the parties. If you are acquiring the Software on behalf of an entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement. All terms of any purchase order or other ordering document submitted by you shall be superseded by this License Agreement. In the event you and Business Objects have executed a mutually agreed upon Master Software License Agreement (“MSLA”) and acquired the Software pursuant to such MSLA, the terms of the MSLA shall govern your use of the Software and the terms of this Agreement shall be superseded by the MSLA. The product name for the Software is a trademark or registered trademark of Business Objects. Should you have questions concerning this License Agreement, please contact your local Business Objects sales office or authorized reseller, or write to: Business Objects S.A.,, Attn: Worldwide Licensing , 3030 Orchard Parkway., San Jose, CA 95134.

 

12.    U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item," as that term is defined at 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) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), all U.S. Government users acquire the Software with only those rights set forth herein. Manufacturer is Business Objects S.A., 3030 Orchard Parkway, San Jose, CA 95134.

 

13.  EXPORT CONTROLS. You acknowledge that the Software is of U.S. origin.  You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

 

 

 

Crystal Enterprise 10 Embedded Edition for IBM Rational Software Architect, IBM Rational Application DEVELOPER, or IBM Rational Web Developer , IBM Rational Application DEVELOPER, or IBM Rational Web Developer  and Rational APPLICATION DEVELOPER ("OEM Products") LICENSE AGREEMENT

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSINESS OBJECTS FOR THE BUSINESS OBJECTS SOFTWARE PRODUCT IDENTIFIED ABOVE AND ADD-ONS DESCRIBED HEREIN, WHICH MAY INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”).   BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS (“AGREEMENT”).

 

1.  GRANT OF LICENSE. Business Objects grants you a nonexclusive and limited license to use the        Software functionalities solely for your internal business purposes and in accordance with the terms and conditions of this Agreement. The Software is licensed, not sold, to you.  You acquired this Software provided with or in combination with a third party product, and you may only use the Software with the third party product as described in Section 3 below (“OEM License”).  This license does not apply to any other software program provided with the Software, including promotional software.  This Agreement does not give you any right to distribute the Software or any portion or derivative work thereof to third parties.   

“Business Objects” refers to (a) any Business Objects S.A. subsidiary that may exist in the country where you are established; or (b) Business Objects Software Limited, if no Business Objects S.A. subsidiary exists in the country where you are established.

 

  1. INSTALLATION AND USE.

 

        The Software may be installed only in conjunction with the OEM Product with which it was provided.

The Crystal Enterprise Embedded Edition Software provided with the OEM Product may only be used for the purpose of developing and testing and may not be used for production purposes.. You may only install the Software on one (1) processor per OEM Product user license.

 

Furthermore, the Software may be copied and installed as is reasonably necessary for disaster recovery, emergency restart, and backup purposes.  

 

Business Objects may control the number and type of licenses and further restrict the use of the Software by key codes.  Additional information can be found at:

http://www.businessobjects.com/products/reporting/crystalreports/java

 

 

 

 

3.       LICENSE TYPE.

 

OEM License.. In addition to the above restrictions, the Software may only be used in conjunction with the OEM Product with which it was provided and may only be used to process, distribute, and display reports that only access data from data files, artifacts, or databases that are: (1) distributed with, created by, or used by the OEM Product; and (2) are part of the software development environment.

 

OEM Licenses may not be combined with unrestricted licenses in the same Business Objects deployment.

 

4.       OWNERSHIP. Business Objects and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist.  You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property.  You agree to use reasonable efforts to prevent and protect the contents of the Software from unauthorized disclosure or use.  Business Objects and/or its suppliers reserve all rights not expressly granted to you.  Business Objects’ suppliers are the intended third party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein. 

 

5.       COPYRIGHT. The Software is copyrighted by Business Objects and/or its suppliers and is protected by United States copyright and patent laws and international treaty provisions.  You may not copy the Software except:  (a) to provide a backup copy; or (b) to install the Software components licensed by you, as set forth in Sections 2 and 3, on to computers as part of executing the Software.  Solely with respect to the documentation included with the Software, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their use of the Software and are not republished or distributed to any third party.  You must reproduce and include all copyright notices, trademarks or other proprietary legends of Business Objects and its suppliers on any copy of the Software or documentation made by you.  Any and all other copies of the Software made by you are in violation of this License Agreement.

 

6.       RESTRICTIONS. Except as expressly permitted by this License Agreement: (a) you may access the Software only in connection with the processing and distribution to your employees, customers and business partners of: (i) your data, and (ii) any third-party data you have a right to process and distribute; (b) you shall not use the Software on a timesharing basis or to operate a service bureau facility or provide hosted services for the benefit of third-parties; (c) you shall not modify or translate the Software except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) you shall not in any way reverse engineer, disassemble or decompile the Software or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) you shall not sublicense, assign, rent, sell, lease, distribute or otherwise transfer the Software or any of the rights granted by this License Agreement without the express written permission of Business Objects; (f) you shall not use the Software to develop a product for distribution that is generally competitive with Business Objects product offerings; (g) you shall not use the Software to develop a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Business Objects; (h) you shall not alter, disassemble, decompile, translate, adapt, or reverse-engineer the report file (.RPT) format; (i) you shall not use unauthorized keycodes to access additional Software functionality or performance, and (j) you shall not disclose any Software benchmark results to any third party without Business Objects’ prior written approval.  If you wish to develop and/or test an interface to the Software or merge the Software with any other software, you shall inform Business Objects and Business Objects, at its option, may provide you with information sufficient to enable interoperability between the Software and such other software or products.

 

  1. LIMITED WARRANTY AND REMEDY.

 

(a)  Business Objects warrants to you that: (i) for a period of ninety (90) days from delivery of the  Software, the Software will substantially conform to the functional description set forth in its associated documentation; and (ii) for a period of ninety (90) days from delivery the physical media (e.g., diskettes or CD-ROM) and physical documentation containing the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and media are limited to ninety (90) days from delivery; to the extent such warranties cannot be disclaimed under Section 7(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Business Objects does not warrant that use of the Software will be uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under a maintenance program, shall not restart or otherwise affect the warranty period.

 

(b)  Your exclusive remedy for breach of the above-stated limited warranty shall be, at Business Objects' option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the Software and OEM Product, pursuant to the terms of the OEM’s license agreement, thereby terminating  this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Business Objects only if you give Business Objects written notice of any breach of the above-stated limited warranty, within ninety (90) days of delivery of the Software.

 

(c ) EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, BUSINESS OBJECTS AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS: (I) OF MERCHANTABILITY; (II) OF SATISFACTORY OR MERCHANTABLE QUALITY; (III) OF FITNESS FOR A PARTICULAR PURPOSE; (IV) OF NONINFRINGEMENT; OR (V) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction.

 

  1. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event will BUSINESS OBJECTS or its officers, employees, DISTRIBUTORS (INCLUDING THE OEM), SUPPLIERS or aFFILIATES be liable for: (I) COSTS OF SUBSTITUTE GOODS OR SERVICES; (Ii) special, INDIRECT, incidental or consequential damages OF ANY CHARACTER, WHETHER In an action of contract OR tort, even if Business Objects has been advised of the possibility of such damages; (iii) any claim against you by any third party; and (iv) any damages, losses or injuries to you, or those claiming through you, in excess of the feeS paid by you for the Software  DIRECTLY CAUSING THE LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. . Some states/jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you.  IN NO EVENT SHALL OEM BE LIABLE TO YOU UNDER THIS AGREEMENT.

 

  1. TERMINATION.  This Agreement may be terminated by Business Objects if:  you fail to comply with any of the terms and conditions set forth in this Agreement and do not remedy such failure within thirty (30) days after receiving notice thereof. Upon any termination of this Agreement, you agree to: (i) immediately cease all use of the Software, including the use and distribution of any Custom Applications incorporating the Software; and (ii)  destroy same, and certify to Business Objects, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used. Sections 4, 5, 7(c), 8, 10, 11, 12, 13, and 14 shall survive any termination of this License Agreement.

10.    AUDIT.  During the term of this Agreement and for three (3) years after termination or expiration, Business Objects may audit, upon reasonable notice to you and at Business Objects’ expense, your books and records to determine your compliance with this Agreement.  In the event  that you have knowingly breached any material obligation hereunder, then, in addition to such other remedies as Business Objects may have, you shall pay or reimburse to Business Objects the cost of the audit.

 

  1. GENERAL. Except as otherwise preempted by United States federal law, this Agreement is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and Business Objects, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the parties. If you are acquiring the Software on behalf of an entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement. All terms of any purchase order or other ordering document submitted by you shall be superseded by this License Agreement. In the event you and Business Objects have executed a mutually agreed upon Master Software License Agreement (“MSLA”) and acquired the Software pursuant to such MSLA, the terms of the MSLA shall govern your use of the Software and the terms of this Agreement shall be superseded by the MSLA. The product name for the Software is a trademark or registered trademark of Business Objects. Should you have questions concerning this License Agreement, please contact your local Business Objects sales office or authorized reseller, or write to: Business Objects S.A.,, Attn: Worldwide Licensing , 3030 Orchard Parkway., San Jose, CA 95134.

 

  1. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial item," as that term is defined at 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) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), all U.S. Government users acquire the Software with only those rights set forth herein. Manufacturer is Business Objects S.A., 3030 Orchard Parkway, San Jose, CA 95134.

 

  1. EXPORT CONTROLS. You acknowledge that the Software is of U.S. origin.  You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

 

 

 

CRYSTAL REPORTS FOR IBM RATIONAL SOFTWARE ARCHITECT, IBM RATIONAL APPLICATION DEVELOPER, OR IBM RATIONAL WEB DEVELOPER  AND RATIONAL APPLICATION DEVELOPER LICENSE (“OEM Products”) AGREEMENT

 

IMPORTANT-READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BUSINESS OBJECTS SOFTWARE LIMITED (“BUSINESS OBJECTS”) FOR THE BUSINESS OBJECTS SOFTWARE PRODUCT IDENTIFIED ABOVE, WHICH MAY INCLUDE COMPUTER SOFTWARE, ASSOCIATED MEDIA, PRINTED MATERIALS AND ONLINE OR ELECTRONIC DOCUMENTATION (“SOFTWARE”).   BEFORE CONTINUING WITH THE INSTALLATION OF THE SOFTWARE, YOU MUST READ, ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THE SOFTWARE LICENSE AGREEMENT THAT FOLLOWS (“AGREEMENT”).

1.     GRANT OF LICENSE.  Business Objects grants you a nonexclusive and limited license to use the Software solely for your internal business purposes and in accordance with the terms and conditions of this License Agreement.  The Software is licensed, not sold, to you.  This Software is provided with IBM Rational Software Architect, IBM Rational Application DEVELOPER, or IBM Rational Web Developer , IBM Rational Application DEVELOPER, or IBM Rational Web Developer  (RSA) or Rational Application Developer (RAD) and is subject to the following OEM license terms:  you may only use the Runtime Software in conjunction with the OEM Products.  Accessing data that is not specifically created by or used within the context of the OEM Products is in violation of this license. 

2.     INSTALLATION AND USE. Your use of the Software is governed by the terms of this agreement. You may also install the Software as is reasonably necessary for disaster recovery, emergency restart and backup, including, but not limited to making copies for such purposes for use at one or more disaster recovery sites. In order to exercise your rights to the Software under this License Agreement you must activate your copy of the Software in the manner described during the launch sequence.  Business Objects may control the number and type of licenses and the use of the Software by key codes.

3.     USE, DEPLOYMENT AND DISTRIBUTION OF RUNTIME SOFTWARE.

3.1  Definitions

3.1.1.   “Access” means to connect to the Runtime Software either directly or indirectly through any middle tier application(s).

3.1.2.   “Deployment” or “Deploy” means installing into production Server Applications on one or more computers within your company or organization only in connection with your internal business purposes.

3.1.3.   “Distribution” or “Distribute” means selling, leasing, licensing or redistributing Server Applications to third party end users external to your company or organization.

3.1.4.   “Processor” means a single physical central processing unit or CPU.

3.1.5.   “Project” means one or more Server Applications (a) providing the same or substantially similar reports; (b) utilizing the same or a substantially similar custom application interface; or (c) consisting of related modules or components.

3.1.6.   “Runtime Software” means the version specific files and application program interfaces (APIs) specified in the JAVA_RUNTIME.TXT file provided with the Software.

3.1.7.   “Server Application” means an application developed by you that a) utilizes the Runtime Software, b) allows more than one user to access the Runtime Software either directly or indirectly through any middle tier application(s), and c) adds significant and primary functionality to the Runtime Software. 

3.2  Use of the Runtime Software.  You may install and use the Runtime Software to develop Server Applications. 

3.3  Deployment of Server Applications.  After you have activated your copy of the Software, you may Deploy multiple Server Applications within your organization provided that each Server Application or Project may Access the Runtime Software on only one Processor.  Under no circumstances may you allow a Server Application or Project to Access the Runtime Software on more than one Processor by combining additional Software licenses, other Business Objects’ products that include the Runtime Software, promotional offers of any kind, or by any other means, unless you acquire additional Processor licenses for additional Runtime Software scalability.  If you have acquired additional Processor licenses, the Runtime Software may be installed and executed upon the number of Processors licensed.  For more information on additional processor licensing please go to http://www.businessobjects.com/products/reporting/crystalreports/licensing/default.asp.

3.4  Distribution of Server Applications.  This Agreement does not in itself give you any right to Distribute Server Applications to third parties.  If you want to distribute Server Applications to third parties, you must obtain written authorization from Business Objects to do so.  Additional information is available at http://www.businessobjects.com/products/reporting/crystalreports/register_webapp/form.asp.

For more information on expansion licensing, licensing and compliance please go to http://www.businessobjects.com/products/reporting/crystalreports/java/licensing.asp. 

3.5  Third Party Access of Server Applications. If you obtain written authorization from Business Objects to distribute Server Applications to third parties, you may reproduce and distribute copies of Server Applications to end users of Server Applications so long as you comply with all of the terms of this license agreement, including section 3.6.

3.6  Runtime Software Distribution Requirements.  If you distribute the Runtime Software to third parties pursuant to section 3.4, you agree to comply with the following requirements:

3.6.1.     You distribute copies of the Runtime Software solely as a part of an application that adds specific and primary functionality to the Runtime Software;

3.6.2.     You remain solely responsible for support, service, upgrades, and technical or other assistance, required or requested by anyone receiving such Runtime Software copies or sample applications;

3.6.3.     You do not use the name, logo, or trademark of Business Objects, or the Software, without written permission from Business Objects;

3.6.4.     You will defend, indemnify and hold Business Objects harmless against any claims or liabilities arising out of the use, reproduction or distribution of Runtime Software;

3.6.5.     You shall secure the end user’s consent to terms substantially similar to the following: 

End User agrees not to alter, disassemble, decompile, translate, adapt or reverse-engineer the Runtime Software or the report file (.RPT) format;

End User agrees not to distribute the Runtime Software with any general-purpose report writing, data analysis or report delivery product or any other product that performs the same or similar functions as Business Objects’ product offerings;

End User agrees not to use the Runtime Software to create for distribution a product that is generally competitive with Business Objects’ product offerings;

End User agrees not to use the Runtime Software to create for distribution a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Business Objects;

End User agrees not to use the Software on a rental or timesharing basis or to operate a service bureau facility for the benefit of third-parties;

business objects and its suppliers DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.  Business Objects AND ITS SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER UNDER THIS AGREEMENT OR IN CONNECTION WITH THE SOFTWARE.

4.     OWNERSHIP.  Business Objects and/or its suppliers retain all right, title and interest in and to the Software and all copies at all times, regardless of the form or media in or on which the original or other copies may subsequently exist.  You neither own nor hereby acquire any claim or right of ownership to the Software or to any related patents, copyrights, trademarks or other intellectual property.  You agree to use reasonable efforts to prevent and protect the contents of the Software from unauthorized disclosure or use.  Business Objects and/or its suppliers reserve all rights not expressly granted to you.  Business Objects’ suppliers are the intended third party beneficiaries of this License Agreement and have the express right to rely upon and directly enforce the terms set forth herein.  

5.     COPYRIGHT. The Software is copyrighted by Business Objects and/or its suppliers and is protected by United States copyright and patent laws and international treaty provisions.  You may not copy the Software except:  (a) to provide a backup copy; or (b) to install the Software components licensed by you, as set forth in Sections 2 and 3, on to computers as part of executing the Software.  Solely with respect to the documentation included with the Software, you may make a reasonable number of copies (either in hardcopy or electronic form), provided that such copies shall be used only by licensed end users in conjunction with their use of the Software and are not republished or distributed to any third party.  You must reproduce and include all copyright notices, trademarks or other proprietary legends of Business Objects and its suppliers on any copy of the Software or documentation made by you.  Any and all other copies of the Software made by you are in violation of this License Agreement.

6.     RESTRICTIONS.  Except as expressly permitted by this License Agreement: (a) you may access the Software only in connection with the processing and distribution to your employees, customers and business partners of: (i) your data, and (ii) any third-party data you have a right to process and distribute; (b) you shall not use the Software on a timesharing basis or to operate a service bureau facility or provide hosted services for the benefit of third-parties; (c) you shall not modify or translate the Software except as necessary to configure the Software using the menus, options and tools provided for such purposes and contained in the Software; (d) you shall not in any way reverse engineer, disassemble or decompile the Software or any portion thereof except to the extent and for the express purposes authorized by applicable law notwithstanding this limitation; (e) you shall not sublicense, assign, rent, sell, lease, distribute or otherwise transfer the Software or any of the rights granted by this License Agreement without the express written permission of Business Objects; (f) you shall not use the Software to develop a product for distribution that is generally competitive with Business Objects product offerings; (g) you shall not use the Software to develop a product that converts the report file (.RPT) format to an alternative report file format used by any general-purpose report writing, data analysis or report delivery product that is not the property of Business Objects; (h) you shall not alter, disassemble, decompile, translate, adapt, or reverse-engineer the report file (.RPT) format; (i) you shall not use unauthorized keycodes to access additional Software functionality or performance, and (j) you shall not disclose any Software benchmark results to any third party without Business Objects’ prior written approval.  If you wish to develop and/or test an interface to the Software or merge the Software with any other software, you shall inform Business Objects and Business Objects, at its option, may provide you with information sufficient to enable interoperability between the Software and such other software or products.

 

7.     LIMITED WARRANTY AND REMEDY. 

 

 

(d)     Business Objects warrants to you that: (i) for a period of ninety (90) days from delivery of the Software, the Software will substantially conform to the functional description set forth in its associated documentation; and (ii) for a period of ninety (90) days from delivery the physical media (e.g., diskettes or CD-ROM) and physical documentation containing the Software will be free from defects in materials and workmanship. Any implied warranties on the Software and media are limited to ninety (90) days from delivery, to the extent such warranties cannot be disclaimed under Section 7(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. Business Objects does not warrant that use of the Software will be uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under a maintenance program, shall not restart or otherwise affect the warranty period.

 

 

(e)     Your exclusive remedy for breach of the above-stated limited warranty shall be, at Business Objects' option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the Software and OEM Product, pursuant to the terms of the OEM’s license agreement, thereby terminating  this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by Business Objects only if you give Business Objects written notice of any breach of the above-stated limited warranty, within ninety (90) days of delivery of the Software.

 

 

(f)    EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 7, BUSINESS OBJECTS AND ITS SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, ORAL OR WRITTEN, WITH RESPECT TO THE SOFTWARE AND ANY SERVICES FURNISHED IN CONNECTION WITH THIS LICENSE AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS: (I) OF MERCHANTABILITY; (II) OF SATISFACTORY OR MERCHANTABLE QUALITY; (III) OF FITNESS FOR A PARTICULAR PURPOSE; (IV) OF NONINFRINGEMENT; OR (V) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, and you may have other legal rights that vary from state to state or by jurisdiction.

 

8.       LIMITATION OF LIABILITY.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BUSINESS OBJECTS OR ITS OFFICERS, EMPLOYEES, DISTRIBUTORS (INCLUDING THE OEM), SUPPLIERS OR AFFILIATES BE LIABLE FOR: (I) COSTS OF SUBSTITUTE GOODS OR SERVICES; (II) SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, WHETHER IN AN ACTION OF CONTRACT OR TORT, EVEN IF BUSINESS OBJECTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (III) ANY CLAIM AGAINST YOU BY ANY THIRD PARTY; AND (IV) ANY DAMAGES, LOSSES OR INJURIES TO YOU, OR THOSE CLAIMING THROUGH YOU, IN EXCESS OF THE FEES PAID BY YOU FOR THE SOFTWARE  DIRECTLY CAUSING THE LIABILITY. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. . SOME STATES/JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT SHALL OEM BE LIABLE TO YOU UNDER THIS AGREEMENT.

9.       TERMINATION.  This Agreement may be terminated by Business Objects if:  you fail to comply with any of the terms and conditions set forth in this Agreement and do not remedy such failure within thirty (30) days after receiving notice thereof. Upon any termination of this Agreement, you agree to: (i) immediately cease all use of the Software, including the use and distribution of any Custom Applications incorporating the Software; and (ii)  destroy same, and certify to Business Objects, in writing, that all copies and partial copies thereof have been returned or completely destroyed and are no longer being used. Sections 4, 5, 7(c), 8, 10, 11, 12, 13, and 14 shall survive any termination of this License Agreement.

 

10.  AUDIT.  During the term of this Agreement and for three (3) years after termination or expiration, Business Objects may audit, upon reasonable notice to you and at Business Objects’ expense, your books and records to determine your compliance with this Agreement.  In the event  that you have knowingly breached any material obligation hereunder, then, in addition to such other remedies as Business Objects may have, you shall pay or reimburse to Business Objects the cost of the audit.

 

11.  GENERAL.  Except as otherwise preempted by United States federal law, this Agreement is governed by the laws of the State of California, United States, without reference to conflict of laws provisions or the United Nations 1980 Convention on Contracts for the International Sale of Goods and any amendments thereto. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. This Agreement constitutes the entire agreement between you and Business Objects, and supersedes any prior agreement, whether written or oral, relating to the subject matter of this Agreement. This Agreement may not be modified except by an instrument in writing duly signed by an authorized representative of each of the parties. If you are acquiring the Software on behalf of an entity, you represent and warrant that you have the legal capacity to bind such entity to this Agreement. All terms of any purchase order or other ordering document submitted by you shall be superseded by this License Agreement. In the event you and Business Objects have executed a mutually agreed upon Master Software License Agreement (“MSLA”) and acquired the Software pursuant to such MSLA, the terms of the MSLA shall govern your use of the Software and the terms of this Agreement shall be superseded by the MSLA. The product name for the Software is a trademark or registered trademark of Business Objects. Should you have questions concerning this License Agreement, please contact your local Business Objects sales office or authorized reseller, or write to: Business Objects S.A.,, Attn: Worldwide Licensing , 3030 Orchard Parkway., San Jose, CA 95134.

12.  U.S. GOVERNMENT RESTRICTED RIGHTS.  The Software is a "commercial item," as that term is defined at 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) (or an equivalent provision, e.g., in supplements of various U.S. government agencies, as applicable), all U.S. Government users acquire the Software with only those rights set forth herein. Manufacturer is Business Objects S.A., 3030 Orchard Parkway, San Jose, CA 95134.

13.  EXPORT CONTROLS.  You acknowledge that the Software is of U.S. origin.  You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.

 

 

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For the component known as Castor:

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Copyright 2000 (c) Intalio Inc. All Rights Reserved. Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met:

 

Redistributions of source-code must retain copyright statements and notices. Redistributions must also contain a copy of this document.

 

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

The name "ExoLab" must not be used to endorse or promote products derived from this Software without prior written permission of Intalio Inc. For written permission, please contact nfo@exolab.org.

 

Products derived from this Software may not be called "Castor" nor may "Castor" appear in their names without prior written permission of Intalio Inc. Exolab, Castor and Intalio are trademarks of Intalio Inc.

 

Due credit should be given to the ExoLab Project (http://www.exolab.org/).

 

THIS SOFTWARE IS PROVIDED BY INTALIO AND CONTRIBUTORS "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL INTALIO OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

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Snowball Stemmers

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Copyright (c) <2001>, <Dr.Martin Porter>, and (for Java developments)

Copyright (c) <2002>, <Richard Boulton> All rights reserved.

 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

 

- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the   documentation and/or other materials provided with the distribution.

- Neither the name of the copyright holders  nor the names of its contributors may be used to endorse or promote products derived   from this software without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS

"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT

LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT

OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,

DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY

THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE

OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

 

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FINANCIAL TIMES

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                        FINANCIAL TIMES DEMONSTRATION PORTLET LICENSE AGREEMENT

 

 

IBM/FT: 15-04 03

 

FT PRO NEWS PORTLET - DEMONSTRATION LICENSE AGREEMENT     

 

 

READ CAREFULLY BEFORE USING THE FT PRO NEWS PORTLET DEMONSTRATION SERVICE. WE

RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

This Demonstration license agreement ("Agreement") is a legal agreement between

you ("Licensee" or "you") and The Financial Times Limited a UK limited company

with registration number 227590 with registered offices at Number One Southwark

Bridge, London, SE1 9HL ("FT") for the use of the FT Pro News  Portlet

Demonstration product ("the Product")  and service ("the Service").

 

BY CLICKING ON THE "AGREE" BUTTON BELOW, LICENSEE ACCEPTS THIS AGREEMENT IN ITS

ENTIRETY. ALTERNATIVELY (IN ALL CASES WHERE THERE IS NO "AGREE" BUTTON, OR WHERE

FT USES OTHER DELIVERY MECHANISMS OR LICENSEE OTHERWISE RECEIVES THE SERVICE) BY

USING AND/OR RECIEVING THE SERVICE LICENSEE ACKNOWLEDGES THAT IT HAS READ ALL THE

TERMS AND CONDITIONS DISPLAYED BELOW, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY

THEM.

IF LICENSEE DOES NOT AGREE (OR IS NOT AUTHORISED TO AGREE) TO THE TERMS OF THIS

AGREEMENT, THEN IT MUST NOT USE AND /OR RECEIVE THE SERVICE. 

 

Licensee agrees to ensure that all its employees, whom it allows to use the Service,

will be bound and agree to these terms and conditions. If Licensee or its employees

provides information about themselves to FT it will only be used by FT in accordance

with its Privacy Policy Statement, which is accessible at www.ft.com.  The Privacy

Policy Statement does not apply to FT's third party partners or licensors.

 

If Licensee has any questions, please contact FT on client.support@ft.com

 

 

1.1        FT Pro News Portlet Service

1.1.1     FT hereby grants Licensee a limited non-exclusive, non-transferable licence

to use the Product and the Service on a single computer system ("the Computer System")

owned by Licensee, the sole purpose of which license is to provide Licensee with a

minimum fourteen (14) day generic demonstration period ("the Standard Demonstration"),

with the option to then receive (subject to FT's written agreement) a further

minimum fourteen (14) day demonstration customised specifically to Licensee's

organisation ("the Customised Demonstration")  (together the Standard Demonstration

and the Customised Demonstration are referred to as  the "Trial Period"). Licensee

is able to subscribe to a full version of the Service at any time.

1.1.2     FT reserves the right to change the form or format of the Service and the

Product at any time during the Trial Period.  The Service is only for Licensee's

general information and use and it not intended to address its particular requirements

or to be relied upon by Licensee in making (or refraining from making) any decisions. 

1.1.3     Licensee may not:

a)         communicate or disseminate the Service or any part thereof (to include the production

of hard copies) to any other person or use the same for commercial use;

b)         use the Service in any way that may infringe any proprietary interest of FT or its

licensors in the Service;

c)         make or maintain a copy of the Service or any portion thereof for any purpose whatsoever.

1.1.4     Licensee is responsible for obtaining and maintaining at it's own expense all

computer hardware, software and communication equipment necessary to access and/or use

the Service.

1.1.5     Licensee shall be entitled to make the Service available on the Computer System

to it's authorised employees and authorised third parties ("Authorised Users") provided

that Licensee shall be responsible for all acts of such Authorised Users and Licensee

shall ensure that the terms of this Agreement are complied with by such Authorised

Users at all times.

 

1.2        Use of FT Content

1.2.1     All content which Licensee accesses through the Service belongs to FT or its

licensors. Licensee may itself or by it's Authorised Users retrieve and display Content

on a computer screen, print individual pages on paper (but not photocopy them) and store

such pages in electronic form on disk or other storage media (but not on any shared area

of any server or other storage device connected to a network) for Licensee's informational

and non-commercial or personal use.

1.2.2     Except as expressly set out above, Licensee and its Authorised Users may not copy,

reproduce, modify, store, archive or in any way commercially exploit any of the Content. In

particular, but without limiting the general application of the restrictions contained in

the preceding sentence, Licensee and it's Authorised Users may not do any of the following

without prior written permission from FT (and neither may you allow any third party to do

any of the same):

(a) redistribute any of the Content (including by using it as part of any library, archive

or similar service);

(b) remove the copyright or trademark notice from any copies of Content made under this Agreement;

(c) create a database in electronic or structured manual form by systematically downloading

and storing all or any of the Content;

1.2.3     Requests to republish or redistribute Content should be addressed to client.support@ft.com .

 

1.3        Use of FT Software

1.3.1     Licensee understands and agrees that:

(a)        Licensee's use of the Service is dependant on and subject to the terms of a software

license ("the Software License") from FT to Licensee's organization for use of the FT

software ("the FT Software") required for Licensee's organization to operate the Service

on Licensee's Computer System,

(b)        The terms of such Software Licence are attached as Schedule 1 to this Agreement provided

that the term of such Software License shall be strictly limited to the term of the Trial

Period for demonstration as agreed between FT and Licensee,

(c)        By downloading and/or using and/or receiving the FT Software (and supporting

documentation), Licensee acknowledges that it has read all the terms and conditions

displayed in the Software License, understands them, and agrees to be bound by them

during the Trial Period. If Licensee does not agree to the terms of the Software License,

do not download and/or use and /or receive the FT Software (and supporting documentation).

 

1.4.       Third Party Portal Software

1.4.1     Licensee understands and agrees that:

(a)        Licensee's use of the Service is dependent on and subject to a specific third party

portal provider's portal software application ("the Third Party Portal"),

(b)        It is Licensee's obligation to ensure that it enters into (and complies with) a

separate agreement directly with such Third Party Portal provider allowing it to use

the Third Party Portal,

(c)        FT has no control over the specification, delivery or service levels of the Third

Party Portal and therefore can not be responsible for such Third Party Portal in any way,

(d)        License shall  deal directly with such Third Party Portal provider in respect of

any issues or matters relating to the Third Party Portal.

 

2.1.1     Term and Termination

This Agreement and Licensee's right to use the Service and the Software shall

automatically terminate on the earlier of;

(a)        Licensee's (or any Authorised Users) breach of the terms of this Agreement

and it's failure to correct the said breach within 3 (three) days notice from FT; or

(b)        expiry of the Trial Period; or

(c)        termination of the FT Software License whether for breach or expiry or otherwise.

 

2.1.2     Consequences of termination

On termination Licensee shall (i) immediately cease all use of the Service by Licensee

and all it's Authorised Users, and (ii) promptly comply with the termination provisions

of the FT Software License.

 

3.         FT Ownership

FT and/or its licensors are the owners of and retain the copyright and all other

intellectual property rights in the Service and the Software.  You acknowledge

that "FT", "FT.com", "ft.com" and "Financial Times" and "FT Pro News Portlet"

are FT owned trade marks and that you may not use them without written permission from FT.

 

4          No warranty

4.1 WHILE FT AND ITS LICENSORS HAVE NO REASON TO BELIEVE THERE ARE ANY INACCURACIES OR

DEFECTS WITHIN THE SERVICE OR THE SOFTWARE, AND WILL USE ITS REASONABLE SKILL AND CARE

IN THE PROVISION OF THE SERVICE AND THE SOFTWARE, BECAUSE THE SERVICE AND THE SEVICE

IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, FT DOES NOT GIVE ANY OTHER

WARRANTIES IN RESPECT OF YOUR USE OF THE SERVICE OR THE SOFTWARE.  FT DISCLAIMS

ALL OTHER WARRANTIES, CONDITIONS OR DUTIES OF EVERY NATURE WHATSOEVER, INCLUDING

WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY

OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY EXPRESS OR STATUTORY WARRANTIES, AND

ANY WARRANTIES OR DUTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, PERFORMANCE,

AVAILABILITY, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT SO FAR AS PERMITTED UNDER

LAW.  NEITHER DOES FT PROVIDE ANY WARRANTY THAT THE SERVICE OR THE SOFTWARE ARE FREE

FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

 

4.2 WITH RESPECT TO THE SOFTWARE AND SERVICE, IBM AND ITS DISTRIBUTORS DO NOT GIVE ANY

OTHER WARRANTIES. IBM AND ITS DISTRIBUTORS  DISCLAIM ALL OTHER  WARRANTIES,  CONDITIONS 

OR DUTIES OF EVERY NATURE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES

OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, ANY

EXPRESS OR STATUTORY WARRANTIES, AND ANY WARRANTIES OR DUTIES REGARDING ACCURACY, 

TIMELINESS, COMPLETENESS, PERFORMANCE,  AILABILITY, LACK OF NEGLIGENCE OR OF

WORKMANLIKE EFFORT SO FAR AS PERMITTED  UNDER  LAW. IBM AND ITS DISTRIBUTORS PROVIDE

NO WARRANTY THAT THE SERVICE OR THE SOFTWARE ARE FREE FROM INFECTION BY VIRUSES OR

ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

 

 

5.1        Exclusion of liability

5.1.1     Except as set out in 5.1.2, neither FT nor its licensors shall be liable for

any loss or damage (including consequential or indirect loss or damage which shall

include but which shall not be limited to loss of property, profit, business revenue

or anticipated savings and loss of or damage to data) or for any costs, claims or

demands of any nature whether asserted against FT, its licensors or against you by

any party arising directly or indirectly out of the supply of the Service or the Software.

5.1.2     FT's and its licensors' respective liability shall be limited to direct loss

suffered by you from your use of the Service provided that (save in the event of death

or personal injury resulting there from) FT and its licensors' total liability shall

not exceed £1,000 (one thousand pounds sterling).    

5.1.3     Without limiting the above, FT is not liable for matters beyond its reasonable

control. FT does not control telephones, third party communication networks (including

your Internet Service Provider), the Internet, acts of third parties or third party software.

5.1.4     IBM and its distributors shall not be liable for any loss or damage (including

consequential or indirect loss or damage   which shall include but which shall not be

limited to loss of property, profit, business revenue or anticipated savings and  loss 

or damage to data) or for costs, claims or demands of any nature whether asserted

against IBM or its distributors  or you  rising directly or indirectly out of the

supply of the Service or the Software.

 

6.         Entire Agreement

You acknowledge and agree that you have not entered into this Agreement in reliance

upon any warranty or representation made by FT or its licensors and this Agreement

contains the entire understanding of the parties governing the provision of the Service. 

 

7.         English Law

This Agreement shall be subject to English Law and you agree to submit to the

exclusive jurisdiction of the English Courts.

 

8.         Assignment

The Service is provided by FT.  FT may assign its rights and obligations under

this Agreement to any other company within the FT group of companies.

 

FT:  15- 04 -03

SCHEDULE 1

 

FT PRO NEWS PORTLET - SOFTWARE LICENSE AGREEMENT

 

 

The FT Pro News Portlet Software License Agreement is attached hereto and incorporated

into this Agreement by reference and Licensee agrees that:

 

 BY DOWNLOADING AND/OR USING AND/OR RECEIVING THE SOFTWARE AND DOCUMENTATION, LICENSEE

 ACKNOWLEDGES THAT IT HAS READ ALL THE TERMS AND CONDITIONS IN THE SOFTWARE LICENSE

 AGREEMENT, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM.

IF LICENSEE DOES NOT AGREE (OR IS NOT AUTHORISED TO AGREE) TO THE TERMS OF THE SOFTWARE

LICENSE  AGREEMENT, DO NOT DOWNLOAD AND/OR USE AND /OR RECEIVE THE SOFTWARE AND DOCUMENTATION

 

1          FT PRO NEWS PORTLET - SOFTWARE LICENSE AGREEMENT                                        

 

READ CAREFULLY BEFORE INSTALLING THE FT SOFTWARE AND DOCUMENTATION. WE RECOMMEND THAT

YOU PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

 

This is a legal agreement between you ("Licensee" or "you") and The Financial Times Ltd.,

of Number One Southwark Bridge, London, SE1 9HL ("FT"), and governs the use of certain FT

software products (the "Software") as well as related materials and documentation (the

"Documentation") required to operate the FT Pro News Portlet product which Licensee

may (as applicable): (1) download from an FT web site or the FT download centre; or

(2) receive by electronic mail from FT for use on Licensee's computer system  ; or

(3) download from a CD-ROM; or (4) otherwise receive from FT. The Software may only

be used by Licensee in conjunction with the "FT Pro News Portlet" product service

(the "Service") which is governed by a separate but linked agreement between FT and Licensee.

BY DOWNLOADING AND/OR USING AND/OR RECIEVING THE SOFTWARE AND DOCUMENTATION, LICENSEE

ACKNOWLEDGES THAT IT HAS READ ALL THE TERMS AND CONDITIONS DISPLAYED BELOW, UNDERSTANDS

THEM, AND AGREES TO BE BOUND BY THEM.

IF YOU DO NOT AGREE (OR ARE NOT AUTHORISED TO AGREE) TO THE TERMS OF THE AGREEMENT,

DO NOT DOWNLOAD AND/OR USE AND /OR RECEIVE THE SOFTWARE AND DOCUMENTATION. 

If Licensee has any questions, please contact FT on client.support@ft.com

 

1.         Limited License to Use

(a). Except as otherwise noted, all references to Software shall include any third

party software embedded within the Software (the "Third Party Software").  Except

as otherwise noted, all references to Documentation shall include any third party

documentation embedded within the Documentation (the "Third Party Documentation").

(b). FT hereby grants to Licensee a limited, revocable, non-exclusive, non-transferable

license to use one (1) copy of the Software and the Documentation solely  in conjunction

with the Service. Licensee may not use the Software or Documentation for any purposes

other than as expressly authorized in this Agreement, and Licensee is expressly

prohibited from using this Software except in connection with the Service. Licensee

is expressly prohibited from distributing, selling, or otherwise transferring the

Software or Documentation  and such Software and Documentation, may only be used

internally by Licensee.

(c). The Software and Documentation may be installed and used only on a single computer

system owned by Licensee unless otherwise approved in writing by FT.  The Software

and Documentation may be accessed, tested and evaluated solely by Licensee or FT.

(d).  FT may conduct and/or direct an independent software auditing firm to conduct,

during Licensee's normal business hours, an audit of the appropriate records of

Licensee to verify the number of copies of the Software and Documentation in use

and the computer systems on which copies of the Software and Documentation are installed.

(e). Licensee shall not duplicate any portion of the Software or Documentation, except

as expressly authorized in this Agreement.  Except for the limited rights granted to

Licensee under this Section 1, all right, title and interest in and to the Software

and the Documentation and all copies, customizations, or modifications thereof,

including, without limitation, all copyright, patent, trademark, trade secret and

any other intellectual property rights, shall remain exclusively in FT or its licensors.

 

2.         Licensee Obligations

(a).       Restrictions. Licensee may not cause or permit the copying, renting, licensing,

sublicensing, leasing, time-sharing, dissemination or other distribution of the Software

or the Documentation, by any means or in any form, without the prior written consent of  FT. 

Licensee may not use the Software or Documentation to conduct a service bureau or similar

business for the benefit of third parties, nor in any way permit third parties to remotely

access and use the Software or Documentation over the Internet.  Licensee may not use the

Software or Documentation to perform facility management.  Neither Licensee nor its employees

shall attempt to translate, disassemble, alter, decompile, reverse engineer or modify the

Software in any way except for internal purposes in connection with Licensee's use of FT's

Portlet product.

(b). Backup Copy.  Notwithstanding the restrictions in Clause 2(a), Licensee may make a

single copy of the Software and Documentation for backup and archival purposes only

(the "Backup Copy") provided that Licensee affixes to the Backup Copy all copyright,

government restricted rights or other proprietary rights notices or confidentiality

legends included in or upon the Software and Documentation when it was downloaded. 

Licensee may use the Backup Copy only if (i) the original copy of the Software and

Documentation is permanently disabled or lost, in which case the Backup Copy may be

installed and used on the same computer system as the original copy, or (ii) the

computer on which the original copy was installed malfunctions, in which case the

Backup Copy may be installed and used on another computer, and may remain installed

and used on such other computer temporarily, only until the initial computer is repaired.           

(c). Confidentiality.  Any information or data related to Licensee's use of the

Software or Documentation as authorized hereunder, including but not limited to,

any benchmark information produced with the Software or Documentation and/or

Licensee's evaluation of the Software's or Documentation's quality, performance

and usability, shall be held in confidence in accordance with this Clause 2(c). 

Licensee acknowledges that the Software and Documentation are copyrighted but

unpublished and contain and constitute commercially valuable, proprietary trade

secrets and confidential information of  FT and its licensors.  Licensee and its

employees shall keep the Software and Documentation and all information pertaining

to the Software and Documentation confidential, and shall use a reasonable degree

of care to protect the confidentiality of the Software and Documentation, unless

given written permission by FT to disclose such information, or such information

becomes public knowledge other than by the Licensee's breach of this Agreement.

If required to do so by law, Licensee may disclose the Software and Documentation,

information pertaining to the Software and Documentation, or information or data

related to Licensee's use of the Software or Documentation as authorized hereunder.

(d). Proprietary Notices.  Licensee shall not remove any copyright, government

restricted rights or other proprietary rights notices or confidentiality legends

placed upon or contained in the Software or Documentation.

(e). Disclosure.  Licensee agrees that FT may disclose to its licensors information

about the Licensee, including without limitation Licensee's name, city, state or

province, country, and date of shipment or download, and may disclose a copy of this Agreement.

 

3.         No Support Obligation

(a). FT is under no obligation to support the Software or Documentation any way, or to

provide the Licensee with updates, bug fixes or error corrections ("Software Updates"). 

If FT, at its sole option, supplies Software Updates to Licensee, such Software Updates

will be considered part of the Software or Documentation, as the case may be, and will

be subject to the terms and conditions of this Agreement.

(b). FT reserves the right at any time unilaterally to abandon the Software or

Documentation or to alter features, licensing terms or other characteristics of

the commercial release, if any, of the Software or Documentation.

 

4.         Termination

(a). FT reserves the right to terminate this Agreement at any time if, in FT's sole

discretion, Licensee fails to comply with the terms of this Agreement or any other

agreement relating to the Service (including without limitation any Demonstration

License or Client Subscription Agreement).  Licensee may terminate this Agreement

at any time upon written notice to FT.  Upon termination of this Agreement, Licensee

shall (i) immediately cease using the Service and the FT Pro News Portlet and comply

fully with the termination provisions contained in the agreement between FT and the

Licensee relating the supply of the FT Portlet and the Service (ii) immediately cease

to use the Software and Documentation, and (iii) promptly destroy all copies of the

Software and Documentation, or portions thereof, including without limitation  the

Backup Copy, in its possession or control unless otherwise directed by FT.

(b). Notwithstanding anything to the contrary in this Agreement, Clause 1(d), 1(e),

2(a), 2(c), 2(d), 2(e), 3(b), 4(b), 5, 6, 7 and 8 shall survive the expiration or

termination of the Agreement.

 

5.         Disclaimer of Warranties.

THE SOFTWARE IS PROVIDED "AS IS".  FT AND ITS LICENSORS HAVE NO LIABILITY IN CONTRACT,

TORT, NEGLIGENCE OR OTHERWISE ARISING OUT OF THIS AGREEMENT OR THE USE AND/OR TESTING

OF THE SOFTWARE AND DOCUMENTATION.  FT AND ITS LICENSORS MAKE NO EXPRESS OR IMPLIED

WARRANTY OR CONDITION, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SOFTWARE AND

DOCUMENTATION, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTY OR CONDITION

THAT THE SOFTWARE IS FREE OF VIRUSES, TIME BOMBS, BACK DOORS AND OTHER HARMFUL OR

MALICIOUS CODE INTENDED TO DAMAGE, DISRUPT, INCONVENIENCE OR PERMIT ACCESS TO

LICENSEE'S OR ANOTHER'S SOFTWARE, HARDWARE OR NETWORKS. FT AND ITS LICENSORS DO

NOT DISCLAIM ANY WARRANTY OF TITLE.  Some jurisdictions do not allow limitations

on how long an implied warranty or condition lasts, so the above limitation may

not apply to Licensee.  Licensee may also have legal rights which vary from

jurisdiction to jurisdiction.

 

6.         Limitations of Liability

(a) IN NO EVENT SHALL FT OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY THIRD PARTY

FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES

OR FOR ANY LOST PROFITS OR LOST DATA, EVEN IF FT HAS BEEN ADVISED OF THE POSSIBILITY

OF SUCH DAMAGES.

(b) IN NO EVENT SHALL FT'S AND ITS LICENSORS' AGGREGATE LIABILITY WITH RESPECT TO

THE SOFTWARE OR THE DOCUMENTATION EXCEED ONE HUNDRED POUNDS STERLING (UK£100).

(c) The limitations of sections 6(a) and 6(b) do not apply to liability for damages

for death or personal injury arising out of FT's negligence. Some jurisdictions do

not allow the exclusion or limitation of special, incidental, consequential, indirect

or exemplary damages, or the limitation of liability to specified amounts, so the above

limitation or exclusion may not apply to Licensee. Nothing in this Agreement will

affect the statutory rights of a consumer in a "consumer transaction" under any

applicable statute.

 

7.         Governing Law

(a). This Agreement and any disputes between the parties relating to the subject

matter of this Agreement shall for all purposes be governed by, construed and

enforced solely in accordance with English law.

(b). Any and all disputes between the parties arising under or in connection with

this Agreement, which cannot amicably be resolved by the parties, shall be resolved

in the English courts.  Licensee hereby expressly consents to the service of process

in connection therewith and irrevocably waives any objections to the jurisdiction of

such courts on any grounds, including without limitation, forum non conveniens.  Any

judgment or award by such courts may be entered and enforced by any court having

jurisdiction over the parties or their assets.

 

8.  General

(a). Nothing in this Agreement shall affect FT's rights with respect to the Software

or the Documentation under the laws of any state or country relating to intellectual

property rights or be construed as granting the Licensee any right or license to use

the Software or Documentation except as expressly set forth in Clause 1 above.

(b). Neither party shall assign or sublicense its rights or obligations under this

Agreement, except that FT may assign such rights or obligations to a successor to

substantially all of its business pertaining to the Software and Documentation.

(c). The invalidity or unenforceability of any part of this Agreement for any reason

whatsoever shall not affect the validity or enforceability of the remainder.

(d). This Agreement represents the entire agreement between the parties with respect

to its subject matter.  Any change to this Agreement must be in writing, signed by

FT and Licensee. 

(e) Terms and conditions as set forth in any purchase order which differ from, conflict

with, or are not included in this Agreement, shall not become part of this Agreement

unless specifically accepted by FT in writing. 

(f) Licensee shall be responsible for and shall pay, and shall reimburse FT on request

if FT is required to pay, any sales, use, value added (VAT), consumption or other tax

(excluding any tax that is based on divine's net income), assessment, duty, tariff, or

other fee or charge of any kind or nature that is levied or imposed by any governmental

authority on the Software or the Documentation. FT: 04-02-03

 

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PINNACOR

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            PINNACOR DEMONSTRATION PORTLET LICENSE AGREEMENT

 

 

To be included by IBM in Third Party Terms of the Product's License:

 

Pinnacor Portlet's are: (i) Pinnacor News; (ii) Pinnacor Weather; (iii) Pinnacor Stocks;

(iv) Pinnacor Company Tracker; (v) Pinnacor International Currency

Calculator; and (6) Pinnacor Retirement Planner.

 

In connection with Your authorized use of the WebSphere Portal Server,

Pinnacor, Inc. (the "Company") grants to you a limited, non-exclusive

license to use certain Pinnacor products and services as set forth herein,

including but not limited to, customized news, weather, stock quotes, photographs,

and information (hereinafter collectively referred to as "Content") delivered

directly to your system and powered by Pinnacor's technology and software

solutions (hereinafter collectively referred to as the "Technology"). This

license authorizes delivery of the Content to a single domain/web site for

demonstration purposes only.  The site must not be accessible by the public

wherein you may display and make the Content accessible to end users within

your system for the purpose and in the manner set forth herein. You may order

additional Content or products for your system directly from the Company,

from time to time through a supplemental purchase agreement or you can renew

your current 15 day subscription directly with the Company upon the 15 day

anniversary date of this Agreement.

 

COMPANY OBLIGATIONS. For the term of your license to the WebSphere Portal Server, ,

Company grants to you a limited, non-exclusive and non-transferable (except as

otherwise provided herein) license to use the Technology in order to receive,

format and display the Content for the purposes and in the manner set forth herein. 

 

YOUR OBLIGATIONS. You will use commercially reasonable efforts to fulfill each of

your obligations as set forth herein. . You will promptly notify Company of any

material error that you detect in the Content and promptly implement corrections

that Company provides to you. You agree to keep confidential your user name and

password, to be responsible for all activity on your account and to prevent all

unauthorized use on your account.

 

OWNERSHIP AND COPYRIGHT. You understand that Company's third-party content

providers ("Content Providers") own the Content and license it to Company for

distribution to you. You understand that Company owns the Technology. Copyright

law, trademark law and other intellectual property rights protect the Content

and Technology. You may only display the Content to which you have subscribed,

in the exact form in which it is received (reasonable formatting changes are

permitted). You must always maintain the editorial integrity of the Content.

You agree not to display the Content in combination with information or images

that would cause the Content to become defamatory or obscene. You agree to

display all copyright notices, bylines, disclaimers, restrictions or other

provider information contained in the Content. You agree not to remove,

conceal or eliminate any copyright, proprietary notice, credit line or date

line included in the Content. You agree to use the Technology and the Content

only for the purpose and in the manner set forth in this Agreement. You may not

edit, alter, copy, license, sell, resell, transfer, create derivative works from,

make available, disassemble, reverse engineer or otherwise redistribute the

Content or the Technology except as permitted in this Agreement. Unless

otherwise stated, you are not hereby licensed to deliver the Content to your

end users via wml, pql or hdml protocol or to any wap, sms, Avant-Go channel,

MP3, Palm or PDA device but it is understood that your end users may access

your system via wireless device. You understand that you must be permissioned

by each Content Provider to receive their Content and the Company on your

behalf shall seek such permission. All photos and video content, and audio

content are for editorial purposes only and not for any commercial purpose

such as product endorsement. You agree to use reasonable efforts to prevent

unauthorized copying or distribution of the Content or the Technology. The

Company's Content Providers retain all rights, title and interest in the Content.

The Company retains all rights, title and interest in the Technology. 

 

LIMITATION OF LIABILITY. The delivery of the Content is on an "as is" basis. The Company

and its Content Providers and IBM disclaim any and all warranties, including but not

limited to the implied warranties of fitness and merchantability for a particular

purpose relating to the   Pinnacor products and services, the Content or performance

hereunder. . Neither the Company, its Content Providers or IBM shall be liable for any

indirect, incidental, special or consequential damages, including lost profits, whether

or not foreseeable, arising in connection with the use of the Pinnacor products and

services, the content or performance hereunder, whether or not the Company or its

Content Providers or IBM had any knowledge, actual or constructive, that such damages

might be incurred, whether based on breach of warranty, contract, negligence or strict

liability.

 

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XP for JAXP

http://www.xmlmind.com/xpforjaxp.html

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Copyright (c) 1997, 1998 James Clark

 

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software''), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

 

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

 

THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS

OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN NO EVENT SHALL JAMES CLARK BE LIABLE FOR ANY CLAIM, DAMAGES OR

OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,

ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR

OTHER DEALINGS IN THE SOFTWARE.

 

Except as contained in this notice, the name of James Clark shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from James Clark.

 

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Permission granted to reuse and distribute.

 

 

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For the component known as OpenOffice.org code

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IBM is redistributing a component of OpenOffice.org code as an executable under Section 3.3 of the Sun Industry Standards Source License Version 1.1, a complete copy of which can be found at www.openoffice.org/license.html.  The source code version of the OpenOffice.org code is available at www.openoffice.org under the terms of the License identified above.

 

To the extent IBM provides product license terms applicable to the component that are different from the terms of the License identified above, those different terms are offered by IBM only and not by the Original Developer of the component.