International Program License Agreement
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING
THE PROGRAM YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU
ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A
COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU
HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL
ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
- DO NOT DOWNLOAD, INSTALL, COPY, ACCESS, OR USE THE
PROGRAM; AND
- PROMPTLY RETURN THE PROGRAM AND PROOF OF ENTITLEMENT TO
THE PARTY FROM WHOM YOU ACQUIRED IT TO OBTAIN A REFUND OF THE
AMOUNT YOU PAID. IF YOU DOWNLOADED THE PROGRAM, CONTACT THE PARTY
FROM WHOM YOU ACQUIRED IT.
"IBM" is International Business Machines Corporation or one
of its subsidiaries.
"License Information" ("LI") is a document that provides
information specific to a Program. The Program's LI is available at
http://www.ibm.com/software/sla/ . The LI may also be found in a
file in the Program's directory, by the use of a system command,
or as a booklet which accompanies the Program.
"Program" is the following, including the original and all
whole or partial copies: 1) machine-readable instructions and
data, 2) components, 3) audio-visual content (such as images,
text, recordings, or pictures), 4) related licensed materials,
and 5) license use documents or keys, and documentation.
A "Proof of Entitlement" ("PoE") is evidence of Your
authorization to use a Program at a specified level. That level may be
measured, for example, by the number of processors or users. The PoE
is also evidence of Your eligibility for warranty, future
upgrade prices, if any, and potential special or promotional
opportunities. If IBM does not provide You with a PoE, then IBM may accept
the original paid sales receipt or other sales record from the
party (either IBM or its reseller) from whom You acquired the
Program, provided that it specifies the name of the Program and the
usage level acquired.
"You" and "Your" refer either to an individual person or to
a single legal entity.
This Agreement includes Part 1 - General Terms, Part 2 -
Country-unique Terms (if any), License Information, and Proof of
Entitlement and is the complete agreement between You and IBM regarding
the use of the Program. It replaces any prior oral or written
communications between You and IBM concerning Your use of the Program. The
terms of Part 2 and License Information may replace or modify
those of Part 1. To the extent there is a conflict between the
terms of this Agreement and those of the IBM International
Passport Advantage Agreement, the terms of the latter agreement
prevail.
1. Entitlement
License
The Program is owned by IBM or an IBM supplier, and is
copyrighted and licensed, not sold.
IBM grants You a nonexclusive license to use the Program
when You lawfully acquire it.
You may 1) use the Program up to the level of use specified
in the PoE and 2) make and install copies, including a backup
copy, to support such use. The terms of this license apply to
each copy You make. You will reproduce all copyright notices and
all other legends of ownership on each copy, or partial copy,
of the Program.
If You acquire the Program as a program upgrade, after You
install the upgrade You may not use the Program from which You
upgraded or transfer it to another party.
You will ensure that anyone who uses the Program (accessed
either locally or remotely) does so only for Your authorized use
and complies with the terms of this Agreement.
You may not 1) use, copy, modify, or distribute the Program
except as provided in this Agreement; 2) reverse assemble, reverse
compile, or otherwise translate the Program except as specifically
permitted by law without the possibility of contractual waiver; or 3)
sublicense, rent, or lease the Program.
IBM may terminate Your license if You fail to comply with
the terms of this Agreement. If IBM does so, You must destroy
all copies of the Program and its PoE.
Money-back Guarantee
If for any reason You are dissatisfied with the Program and
You are the original licensee, You may obtain a refund of the
amount You paid for it, if within 30 days of Your invoice date You
return the Program and its PoE to the party from whom You obtained
it. If You downloaded the Program, You may contact the party
from whom You acquired it for instructions on how to obtain the
refund.
Program Transfer
You may transfer a Program and all of Your license rights
and obligations to another party only if that party agrees to
the terms of this Agreement. When You transfer the Program, You
must also transfer a copy of this Agreement, including the
Program's PoE. After the transfer, You may not use the Program.
2. Charges
The amount payable for a Program license is a one-time
charge.
One-time charges are based on the level of use acquired
which is specified in the PoE. IBM does not give credits or
refunds for charges already due or paid, except as specified
elsewhere in this Agreement.
If You wish to increase the level of use, notify IBM or the
party from whom You acquired it and pay any applicable charges.
If any authority imposes a duty, tax, levy or fee,
excluding those based on IBM's net income, upon the Program, then You
agree to pay the amount specified or supply exemption
documentation. You are responsible for any personal property taxes for the
Program from the date that You acquire it.
3. Limited Warranty
IBM warrants that when the Program is used in the specified
operating environment it will conform to its specifications. The
warranty applies only to the unmodified portion of the Program. IBM
does not warrant uninterrupted or error-free operation of the
Program or that IBM will correct all Program defects. You are
responsible for the results obtained from the use of the Program.
IBM provides You with access to IBM databases containing
information on known Program defects, defect corrections, restrictions,
and bypasses at no additional charge. Consult the IBM Software
Support Guide for further information at http://www.ibm.
com/software/support . IBM will maintain this information for at least one year
after the original licensee acquires the Program ("Warranty
Period").
If the Program does not function as warranted during the
Warranty Period and the problem cannot be resolved with information
available in the IBM databases, You may return the Program and its
PoE to the party (either IBM or its reseller) from whom You
acquired it and receive a refund in the amount You paid. If You
downloaded the Program, You may contact the party from whom You
acquired it for instructions on how to obtain the refund.
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN THAT EVENT,
SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD.
NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR
JURISDICTION TO JURISDICTION.
4. Limitation of Liability
Circumstances may arise where, because of a default on
IBM's part or other liability, You are entitled to recover
damages from IBM. In each such instance, regardless of the basis on
which You may be entitled to claim damages from IBM, (including
fundamental breach, negligence, misrepresentation, or other contract or
tort claim), IBM is liable for no more than 1) damages for
bodily injury (including death) and damage to real property and
tangible personal property and 2) the amount of any other actual
direct damages up to the charges for the Program that is the
subject of the claim.
This limitation of liability also applies to IBM's Program
developers and suppliers. It is the maximum for which they and IBM are
collectively responsible.
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR
SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY:
1. LOSS OF, OR DAMAGE TO, DATA;
2. SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR FOR ANY
ECONOMIC CONSEQUENTIAL DAMAGES; OR
3. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. General
1. Nothing in this Agreement affects any statutory rights
of consumers that cannot be waived or limited by contract.
2. In the event that any provision of this Agreement is
held to be invalid or unenforceable, the remaining provisions of
this Agreement remain in full force and effect.
3. You agree to comply with all applicable export and
import laws and regulations.
4. You agree to allow IBM to store and use Your contact
information, including names, phone numbers, and e-mail addresses,
anywhere they do business. Such information will be processed and
used in connection with our business relationship, and may be
provided to contractors, Business Partners, and assignees of IBM for
uses consistent with their collective business activities,
including communicating with You (for example, for processing orders,
for promotions, and for market research).
5. Neither You nor IBM will bring a legal action under this
Agreement more than two years after the cause of action arose unless
otherwise provided by local law without the possibility of
contractual waiver or limitation.
6. Neither You nor IBM is responsible for failure to
fulfill any obligations due to causes beyond its control.
7. This Agreement will not create any right or cause of
action for any third party, nor will IBM be responsible for any
third party claims against You except, as permitted by the
Limitation of Liability section above, for bodily injury (including
death) or damage to real or tangible personal property for which
IBM is legally liable.
6. Governing Law, Jurisdiction, and Arbitration
Governing Law
Both You and IBM consent to the application of the laws of
the country in which You acquired the Program license to
govern, interpret, and enforce all of Your and IBM's rights,
duties, and obligations arising from, or relating in any manner to,
the subject matter of this Agreement, without regard to
conflict of law principles.
The United Nations Convention on Contracts for the
International Sale of Goods does not apply.
Jurisdiction
All of our rights, duties, and obligations are subject to
the courts of the country in which You acquired the Program
license.
Part 2 - Country-unique Terms
AMERICAS
ARGENTINA: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled
exclusively by the Ordinary Commercial Court of the city of Buenos
Aires.
BRAZIL: Governing Law, Jurisdiction, and Arbitration
(Section 6): The following exception is added to this section:
Any litigation arising from this Agreement will be settled
exclusively by the court of Rio de Janeiro, RJ.
CANADA: General (Section 5): The following replaces item 7:
7. This Agreement will not create any right or cause of
action for any third party, nor will IBM be responsible for any
third party claims against You except as permitted by the
Limitation of Liability section above for bodily injury (including
death) or physical harm to real or tangible personal property
caused by IBM's negligence for which IBM is legally liable.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws in the Province of Ontario
PERU: Limitation of Liability (Section 4): The following is
added at the end of this section:
In accordance with Article 1328 of the Peruvian Civil Code,
the limitations and exclusions specified in this section will
not apply to damages caused by IBM's willful misconduct
("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES OF AMERICA: General (Section 5): The
following is added to this section:
U.S. Government Users Restricted Rights - Use, duplication
or disclosure restricted by the GSA ADP Schedule Contract with
the IBM Corporation.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State of New York, United States of America
ASIA PACIFIC
AUSTRALIA: Limited Warranty (Section 3): The following is
added:
The warranties specified in this Section are in addition to
any rights You may have under the Trade Practices Act 1974 or
other legislation and are only limited to the extent permitted by
the applicable legislation.
Limitation of Liability (Section 4): The following is added:
Where IBM is in breach of a condition or warranty implied
by the Trade Practices Act 1974, IBM's liability is limited to
the repair or replacement of the goods, or the supply of
equivalent goods. Where that condition or warranty relates to right to
sell, quiet possession or clear title, or the goods are of a kind
ordinarily acquired for personal, domestic or household use or
consumption, then none of the limitations in this paragraph apply.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State or Territory in which You acquired
the Program license
CAMBODIA, LAOS, and VIETNAM: Governing Law, Jurisdiction,
and Arbitration (Section 6): The phrase "the laws of the
country in which You acquired the Program license" in the Governing
Law subsection is replaced by the following:
the laws of the State of New York, United States of America
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Singapore in accordance with the Arbitration Rules of
Singapore International Arbitration Center ("SIAC Rules") then in
effect. The arbitration award shall be final and binding for the
parties without appeal and shall be in writing and set forth the
findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the SIAC.
Other vacancies shall be filled by the respective nominating
party. Proceedings shall continue from the stage they were at when
the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
HONG KONG S.A.R. and MACAU S.A.R. of China: Governing Law,
Jurisdiction, and Arbitration (Section 6): The phrase "the laws of the
country in which You acquired the Program license" in the Governing
Law subsection is replaced by the following:
the laws of Hong Kong Special Administrative Region of China
INDIA: Limitation of Liability (Section 4): The following
replaces the terms of items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage
to real property and tangible personal property will be
limited to that caused by IBM's negligence; and 2) as to any other
actual damage arising in any situation involving nonperformance by
IBM pursuant to, or in any way related to the subject of this
Agreement, IBM's liability will be limited to the charge paid by You
for the individual Program that is the subject of the claim.
General (Section 5): The following replaces the terms of
item 5:
If no suit or other legal action is brought, within three
years after the cause of action arose, in respect of any claim
that either party may have against the other, the rights of the
concerned party in respect of such claim will be forfeited and the
other party will stand released from its obligations in respect
of such claim.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Bangalore, India in accordance with the laws of India then
in effect. The arbitration award shall be final and binding
for the parties without appeal and shall be in writing and set
forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the Bar
Council of India. Other vacancies shall be filled by the respective
nominating party. Proceedings shall continue from the stage they were
at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
JAPAN: General (Section 5): The following is inserted after
item 5:
Any doubts concerning this Agreement will be initially
resolved between us in good faith and in accordance with the
principle of mutual trust.
MALAYSIA: Limitation of Liability (Section 4): The word
"SPECIAL" in item 2 of the third paragraph is deleted:
NEW ZEALAND: Limited Warranty (Section 3): The following is
added:
The warranties specified in this Section are in addition to
any rights You may have under the Consumer Guarantees Act 1993
or other legislation which cannot be excluded or limited. The
Consumer Guarantees Act 1993 will not apply in respect of any goods
which IBM provides, if You require the goods for the purposes of
a business as defined in that Act.
Limitation of Liability (Section 4): The following is added:
Where Programs are not acquired for the purposes of a
business as defined in the Consumer Guarantees Act 1993, the
limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA: Charges (Section 2): The
following is added:
All banking charges incurred in the People's Republic of
China will be borne by You and those incurred outside the
People's Republic of China will be borne by IBM.
Governing Law, Jurisdiction, and Arbitration (Section 6):
The phrase "the laws of the country in which You acquired the
Program license" in the Governing Law subsection is replaced by the
following:
the laws of the State of New York, United States of America
(except when local law requires otherwise)
PHILIPPINES: Limitation of Liability (Section 4): The
following replaces the terms of item 2 of the third paragraph:
2. special (including nominal and exemplary damages),
moral, incidental, or indirect damages or for any economic
consequential damages; or
Governing Law, Jurisdiction, and Arbitration (Section 6):
The following is added to this section:
Arbitration
Disputes arising out of or in connection with this
Agreement shall be finally settled by arbitration which shall be held
in Metro Manila, Philippines in accordance with the laws of
the Philippines then in effect. The arbitration award shall be
final and binding for the parties without appeal and shall be in
writing and set forth the findings of fact and the conclusions of
law.
The number of arbitrators shall be three, with each side to
the dispute being entitled to appoint one arbitrator. The two
arbitrators appointed by the parties shall appoint a third arbitrator
who shall act as chairman of the proceedings. Vacancies in the
post of chairman shall be filled by the president of the
Philippine Dispute Resolution Center, Inc. Other vacancies shall be
filled by the respective nominating party. Proceedings shall
continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint
an arbitrator within 30 days of the date the other party
appoints its, the first appointed arbitrator shall be the sole
arbitrator, provided that the arbitrator was validly and properly
appointed.
All proceedings shall be conducted, including all documents
presented in such proceedings, in the English language. The English
language version of this Agreement prevails over any other language
version.
SINGAPORE: Limitation of Liability (Section 4): The words
"SPECIAL" and "ECONOMIC" are deleted from item 2 of the third
paragraph.
General (Section 5): The following replaces the terms of
item 7:
Subject to the rights provided to IBM's suppliers and
Program developers as provided in Section 4 above (Limitation of
Liability), a person who is not a party to this Agreement shall have no
right under the Contracts (Right of Third Parties) Act to enforce
any of its terms.
TAIWAN: Limited Warranty (Section 3): The last paragraph is
deleted.
EUROPE, MIDDLE EAST, AFRICA (EMEA)
Limited Warranty (Section 3): In the European Union, the
following is added:
In the European Union, consumers have legal rights under
applicable national legislation governing the sale of consumer goods.
Such rights are not affected by the Limited Warranty provision
set out above at section 3 of this Agreement. The territorial
scope of the Limited Warranty is worldwide.
Limitation of Liability (Section 4): In Austria, Denmark,
Finland, Greece, Italy, Netherlands, Norway, Portugal, Spain, Sweden
and Switzerland, the following replaces the terms of this
section in its entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may
arise as a consequence of the fulfillment of its obligations
under or in connection with this agreement or due to any other
cause related to this agreement is limited to the compensation of
only those damages and losses proved and actually arising as an
immediate and direct consequence of the non-fulfillment of such
obligations (if IBM is at fault) or of such cause, for a maximum amount
equal to the charges You paid for the Program.
The above limitation shall not apply to damages for bodily
injuries (including death) and damages to real property and tangible
personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed
applies not only to the activities performed by IBM but also to the
activities performed by its suppliers and Program developers, and
represents the maximum amount for which IBM as well as its suppliers
and Program developers, are collectively responsible.
Limitation of Liability (Section 4): In France and Belgium,
the following replaces the terms of this section in its
entirety:
Except as otherwise provided by mandatory law:
1. IBM's liability for any damages and losses that may
arise as a consequence of the fulfillment of its obligations
under or in connection with this agreement is limited to the
compensation of only those damages and losses proved and actually
arising as an immediate and direct consequence of the non-
fulfillment of such obligations (if IBM is at fault), for a maximum
amount equal to the charges You paid for the Program that has
caused the damages.
The above limitation shall not apply to damages for bodily
injuries (including death) and damages to real property and tangible
personal property for which IBM is legally liable.
2. UNDER NO CIRCUMSTANCES IS IBM, OR ANY OF ITS PROGRAM
DEVELOPERS, LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR
POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL OR INDIRECT
DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; 3) LOST PROFITS,
EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT
GENERATED THE DAMAGES; OR 4) LOSS OF BUSINESS, REVENUE, GOODWILL, OR
ANTICIPATED SAVINGS.
3. The limitation and exclusion of liability herein agreed
applies not only to the activities performed by IBM but also to the
activities performed by its suppliers and Program developers, and
represents the maximum amount for which IBM as well as its suppliers
and Program developers, are collectively responsible
Governing Law, Jurisdiction, and Arbitration (Section 6)
Governing Law
The phrase "the laws of the country in which You acquired
the Program license" is replaced by:
1) "the laws of Austria" in Albania, Armenia, Azerbaijan,
Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Georgia, Hungary,
Kazakhstan, Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania,
Russia, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine,
Uzbekistan, and FR Yugoslavia;
2) "the laws of France" in Algeria, Benin, Burkina Faso,
Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo
Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea,
French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-
Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania,
Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna;
3) "the laws of Finland" in Estonia, Latvia, and Lithuania;
4) "the laws of England" in Angola, Bahrain, Botswana,
Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait,
Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar,
Rwanda, Sao Tome, Saudi Arabia, Sierra Leone, Somalia, Tanzania,
Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza,
Yemen, Zambia, and Zimbabwe; and
5) "the laws of South Africa" in South Africa, Namibia,
Lesotho and Swaziland.
Jurisdiction
The following exceptions are added to this section:
1) In Austria the choice of jurisdiction for all disputes
arising out of this Agreement and relating thereto, including its
existence, will be the competent court of law in Vienna, Austria
(Inner-City);
2) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea,
Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta,
Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome, Saudi
Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab
Emirates, West Bank/Gaza, Yemen, Zambia, and Zimbabwe all disputes
arising out of this Agreement or related to its execution,
including summary proceedings, will be submitted to the exclusive
jurisdiction of the English courts;
3) in Belgium and Luxembourg, for all disputes arising out
of this Agreement or related to its interpretation or its
execution, only the law and the courts of the capital of the country
in which Your registered office and/or commercial office is
located are competent;
4) in France, Algeria, Benin, Burkina Faso, Cameroon, Cape
Verde, Central African Republic, Chad, Comoros, Congo Republic,
Djibouti, Democratic Republic of Congo, Equatorial Guinea, French
Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau,
Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius,
Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal,
Seychelles, Togo, Tunisia, Vanuatu, and Wallis & Futuna all disputes
arising out of this Agreement or related to its violation or
execution, including summary proceedings, will be settled exclusively
by the Commercial Court of Paris;
5) in Russia, all disputes arising out of or in relation to
the interpretation, the violation, the termination, the nullity
of the execution of this Agreement shall be settled by
Arbitration Court of Moscow;
6) in South Africa, Namibia, Lesotho and Swaziland, both of
us agree to submit all disputes relating to this Agreement to
the jurisdiction of the High Court in Johannesburg;
7) in Turkey all disputes arising out of or in connection
with this Agreement shall be resolved by the Istanbul Central
(Sultanahmet) Courts and Execution Directorates of Istanbul, the Republic
of Turkey;
8) in each of the following specified countries, any legal
claim arising out of this Agreement will be brought before, and
settled exclusively by, the competent court of a) Athens for
Greece, b) Tel Aviv-Jaffa for Israel, c) Milan for Italy, d) Lisbon
for Portugal, and e) Madrid for Spain; and
9) in the United Kingdom, both of us agree to submit all
disputes relating to this Agreement to the jurisdiction of the
English courts.
Arbitration
In Albania, Armenia, Azerbaijan, Belarus, Bosnia-
Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan,
Kyrgyzstan, FYR Macedonia, Moldavia, Poland, Romania, Russia, Slovakia,
Slovenia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and FR
Yugoslavia all disputes arising out of this Agreement or related to
its violation, termination or nullity will be finally settled
under the Rules of Arbitration and Conciliation of the
International Arbitral Center of the Federal Economic Chamber in Vienna
(Vienna Rules) by three arbitrators appointed in accordance with
these rules.
The arbitration will be held in Vienna, Austria, and the
official language of the proceedings will be English. The decision
of the arbitrators will be final and binding upon both
parties. Therefore, pursuant to paragraph 598 (2) of the Austrian
Code of Civil Procedure, the parties expressly waive the
application of paragraph 595 (1) figure 7 of the Code. IBM may,
however, institute proceedings in a competent court in the country
of installation.
In Estonia, Latvia and Lithuania all disputes arising in
connection with this Agreement will be finally settled in arbitration
that will be held in Helsinki, Finland in accordance with the
arbitration laws of Finland then in effect. Each party will appoint one
arbitrator. The arbitrators will then jointly appoint the chairman. If
arbitrators cannot agree on the chairman, then the Central Chamber of
Commerce in Helsinki will appoint the chairman.
AUSTRIA: Limited Warranty (Section 3): The following is
inserted at the beginning of this Section:
The Warranty Period is twelve months from the date of
delivery. The limitation period for consumers in action for breach of
warranty is the statutory period as a minimum.
The warranty for a Program covers the functionality of the
Program for its normal use and the Program's conformity to its
specifications.
The final two paragraphs are replaced with the following:
This is our sole obligation to You, except as otherwise
required by applicable statutory law.
General (Section 5): The following is added to item 4:
For purposes of this clause, contact information will also
include information about You as a legal entity, for example
revenue data and other transactional information.
GERMANY: Limited Warranty (Section 3): The same changes
apply as those in Limited Warranty (Section 3) under Austria
above.
Limitation of Liability (Section 4): The following
paragraph is added to this Section:
The limitations and exclusions specified in this Section
will not apply to damages caused by IBM intentionally or by
gross negligence.
General (Section 5): The following replace the terms of
item 5:
Any claims resulting from this Agreement are subject to a
statute of limitation of three years, except as stated in Section 3
(Limited Warranty) of this Agreement.
HUNGARY: Limitation of Liability (Section 4): The following
is added at the end of this section:
The limitation and exclusion specified herein shall not
apply to liability for a breach of contract damaging life,
physical well-being, or health that has been caused intentionally,
by gross negligence, or by a criminal act.
The parties accept the limitations of liability as valid
provisions and state that the Section 314.(2) of the Hungarian Civil
Code applies as the acquisition price as well as other
advantages arising out of the present Agreement balance this
limitation of liability.
IRELAND: Limited Warranty (Section 3): The following is
added to this section:
Except as expressly provided in these terms and conditions,
all statutory conditions, including all warranties implied, but
without prejudice to the generality of the foregoing, all
warranties implied by the Sale of Goods Act 1893 or the Sale of Goods
and Supply of Services Act 1980 are hereby excluded.
Limitation of Liability (Section 4): The following replaces
the terms of this section in its entirety:
For the purposes of this section, a "Default" means any
act, statement, omission, or negligence on the part of IBM in
connection with, or in relation to, the subject matter of an Agreement
in respect of which IBM is legally liable to You whether in
contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated
as one Default occurring on the date of occurrence of the last
such Default.
Circumstances may arise where, because of a Default, You
are entitled to recover damages from IBM. This section sets out
the extent of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for (a) death or
personal injury caused by the negligence of IBM, and (b) subject
always to the Items for Which IBM is Not Liable below, for
physical damage to Your tangible property resulting from the
negligence of IBM.
2. Except as provided in item 1 above, IBM's entire
liability for actual damages for any one Default will not in any
event exceed the greater of 1) EUR 125,000, or 2) 125% of the
amount You paid for the Program directly relating to the Default.
These limits also apply to any of IBM's suppliers and Program
developers. They state the maximum for which IBM and such suppliers and
Program developers are collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1
above, under no circumstances is IBM or any of its suppliers or
Program developers liable for any of the following, even if IBM or
they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or
anticipated savings.
ITALY: General (Section 5): The following is added to this
section:
IBM and Customer (hereinafter, individually, "Party") shall
comply with all the obligations of the applicable provisions of
law and/or regulation on personal data protection. Each of the
Parties will indemnify and keep the other Party harmless from any
damage, claim, cost or expense incurred by the latter, directly and
or indirectly, as a consequence of an infringement of the
other Party of the mentioned provisions of law and/or
regulations.
SLOVAKIA: Limitation of Liability (Section 4): The
following is added to the end of the last paragraph:
The limitations apply to the extent they are not prohibited
under §§ 373-386 of the Slovak Commercial Code.
General (Section 5): The terms of item 5 are replaced with
the following:
THE PARTIES AGREE THAT ANY LEGAL OR OTHER ACTION RELATED TO
A BREACH OF THIS AGREEMENT MUST BE COMMENCED NO LATER AS
DEFINED BY THE LOCAL LAW (4 YEARS) FROM THE DATE ON WHICH THE CAUSE
OF ACTION AROSE.
SOUTH AFRICA, NAMIBIA, LESOTHO, SWAZILAND: Limited Warranty
(Section 3): The following is added at the end of the first
paragraph:
notwithstanding any advice or assistance that IBM may have
given to You prior to the selection of such Programs.
SWITZERLAND: General (Section 5): The following is added to
item 4:
For purposes of this clause, contact information will also
include information about You as a legal entity, for example
revenue data and other transactional information.
UNITED KINGDOM: Limited Warranty (Section 3): The following
replaces the first sentence in the fourth paragraph of this section:
THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE
ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF
SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Limitation of Liability (Section 4): The following replaces
the terms of this section in its entirety:
For the purposes of this section, a "Default" means any
act, statement, omission, or negligence on the part of IBM in
connection with, or in relation to, the subject matter of an Agreement
in respect of which IBM is legally liable to You, whether in
contract or tort. A number of Defaults which together result in, or
contribute to, substantially the same loss or damage will be treated
as one Default.
Circumstances may arise where, because of a Default, You
are entitled to recover damages from IBM. This section sets out
the extent of IBM's liability and Your sole remedy.
1. IBM will accept unlimited liability for:
(a) death or personal injury caused by the negligence of
IBM;
(b) any breach of its obligations implied by Section 12 of
the Sale of Goods Act 1979 or Section 2 of the Supply of Goods
and Services Act 1982, or any statutory modification or re-
enactment of either such Section; and
(c) subject always to the Items for Which IBM is Not Liable
below, for physical damage to Your tangible property resulting
from the negligence of IBM.
2. IBM's entire liability for actual damages for any one
Default will not in any event, except as provided in item 1 above,
exceed the greater of 1) £75,000, or 2) 125% of the amount You
paid for the Program directly relating to the Default. These
limits also apply to IBM's suppliers and Program developers. They
state the maximum for which IBM and such suppliers and Program
developers are collectively responsible.
Items for Which IBM is Not Liable
Save with respect to any liability referred to in item 1
above, under no circumstances is IBM or any of its suppliers or
Program developers liable for any of the following, even if IBM or
they were informed of the possibility of such losses:
1. loss of, or damage to, data;
2. special, indirect, or consequential loss; or
3. loss of profits, business, revenue, goodwill, or
anticipated savings.
Z125-3301-12 (06/2006)
LICENSE INFORMATION
The Programs listed below are licensed under the following
terms and conditions in addition to those of the International
Program License Agreement.
Program Name: IBM Tivoli Network Manager IP Edition 3.7
Program Number: 5724-S45
Authorization for Use on Home/Portable Computer: You may
not copy and use this Program on another computer without
paying additional license fees.
Limited Use Rights for Other IBM Programs
If You acquired this Program as part of another IBM Program
("Principal Program") that lists this Program under "Other IBM
Programs", You received this Program only in support of the Principal
Program, and Your rights to use this Program will be limited by the
license of the Principal Program. Please contact Your IBM Sales
Representative if You wish to acquire a separate license to this Program
not limited by the Principal Program's license terms.
Other IBM Programs
The Program is licensed as a multi-product package and
includes other products distributed with the Program ("Other IBM
Programs"). You are authorized to install and use such Other IBM
Programs only in association with Your licensed use of the Program
under this Agreement. The Other IBM Programs may not be used for
any other purpose. You are not authorized to transfer or
remarket the Other IBM Programs. The terms of the Program's
Agreement may replace or modify the license terms for the Other IBM
Programs. In the event of conflict, the Program's terms supersede the
terms of the license agreement which accompanies the Other IBM
Programs. When Your right to use the Program expires or terminates,
You must discontinue use, destroy or promptly return all copies
of the Other IBM Programs to the party from whom You acquired
it; if You downloaded the Other IBM Programs contact the party
from whom You acquired it. If You wish to license the Other IBM
Programs for any use beyond the limits set forth above, please
contact an IBM Sales Representative or the party from whom You
acquired it to obtain the appropriate licenses.
The following are Other IBM Programs licensed with the
Programs:
IBM Tivoli Netcool Webtop
Netcool Security Manager
Netcool Common Installer
Excluded Components
The provisions of this paragraph do not apply to the extent
they are held to be invalid or unenforceable under the law that
governs this license. The components listed below are "Excluded
Components." Notwithstanding any of the terms in the Agreement or any
other agreement You may have with IBM:
(a) the third party suppliers of such Excluded Components
("Suppliers") provide the components WITHOUT WARRANTIES OF ANY KIND and,
such Suppliers DISCLAIM ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE EXCLUDED COMPONENTS;
(b) in no event are the Suppliers liable for any direct,
indirect, incidental, special, exemplary, punitive or consequential
damages, including but not limited to lost data, lost savings, and
lost profits, with respect to the Excluded Components; and,
(c) IBM and the Suppliers are not liable to You, and will
not defend, indemnify, or hold You harmless for any claims
arising from or related to the Excluded Components.
Notwithstanding these exclusions, in Germany and Austria,
IBM's warranty and liability for the Excluded Components is
governed only by the respective terms applicable for Germany and
Austria in the IBM license agreements.
Notices and important information that IBM is required to
provide to You with respect to the Excluded Components, including
instructions for obtaining source code for certain Excluded Components,
may be found in the NOTICES file(s) that accompanies the
Program.
Your use of the Excluded Components is governed by the
terms of the Agreement and not by any terms that may be contained
in the NOTICES file(s). The terms contained in the Agreement
are offered by IBM and not by any other party. Future Program
updates or fixpacks may contain additional Excluded Components.
Such additional Excluded Components, and related notices and
information, if any, will be listed in another NOTICES file that
accompanies the Program update or fixpack.
The following are Excluded Components:
IBM Tivoli Network Manager IP Edition:
-Archive-Tar 1.26.1
-Archive-Zip 1.16
-Apache Ant 1.6.2, 1.7.0
-Apache Derby v10.2
-Apache Regexp 1.2
-Apache XMLRPC 1.2-b1
-Beanshell 1.3b2
-BIRT 2.1.2
...Avalon
...Axis 1.3.0
...Batik 1.6 (subset)
...Commons CLI 1.0
...Commons Codec 1.3 (subset)
...Commons Discovery 0.2.0
...Commons-IO 1.0
...Commons Logging 1.0.3
...DOM 2
...Flute 1.3.0
...FOP
...PDF Transcoder 1.0 Beta 2
...Prototype.js 1.4.0
...Rhino 1.6 R1
...SAX 2
...Simple API for CSS 1.3.0
...WSDL4J 1.4.0
...WSDL4J 1.5.1
...Xerces-J 2.8.0
...XML-Commons Resolver 1.1
-BrowserLauncher 1.4b1
-Compress-Zlib 1.41
-CPAN::Clone 0.15
-CPAN::DBD Mysql 2.9004
-CPAN::DBD Oracle 1.17
-CPAN::DBD::DB2 1.0
-CPAN::DBI 1.48
-CPAN::Digest-Perl-MD5 1.8
-CPAN::FreezeThaw 0.43
-CPAN::IPC-Run3 0.0033
-CPAN::libnet 1.19
-CPAN::MailTools 1.67
-CPAN::Net-DNS 0.53
-CPAN::Net-IP 1.24
-CPAN::Net-Telnet 3.03
-CPAN::Net-XWhois 0.90
-Cryptix 32
-Digest-SHA1 2.11
-Fping 2.4b2
-HSQLDB 1.7.1
-HTML-Parser 3.50
-HTML-Tagset 3.10
-IBM JRE 1.4.2 for AIX
-IO-String 1.08
-IO-Zlib 1.04
-iText v1.5.2
...Bouncy Castle
-Jakarta ECS 1.4.1, 1.4.2
-Jakarta Struts 1.1
-Jakarta Taglibs 1.0.3
-JDOM 1.0
-libCurl 7.12
-LibExpat 1.95.5
-libwin32 0.26
-libwww-perl 5.805
-Nanog Traceroute 6.3.10
-OpenSSL 0.9.7d
-PCRE 5.0
-PNGImage Producer 0.88
-SOAP-Lite 0.68
-STL Port 4.5.3
-Sun JMS 1.1
-Sun JRE 1.5 for Linux
-Sun JRE 1.5 for Solaris
-Sun JRE 1.5 for Windows
-Text-Autoformat 1.13
-Text-Reform 1.11
-XMLRPC-C 1.03.10
-XPM 3.4K
-Zlib 1.1.4, 1.2.1, 1.2.3
-Zql 27-08-02
-Zql Java sql parser
IBM Tivoli Netcool/OMNIbus:
-AES-128 3
-ANTLR 2.7.2a2
-Apache Xerces 2.3.0
-Balanced.pm
-BCMenu
-Castor 0.9.3
-CoolTreeCtrl.cpp
-Dom2
-FlatToolBar.cpp
-Flexlm
-GfxOutBarCtrlDesc
-Henry Spencer Regexp
-Hsqldb 1.7.1
-Jdbm.jar
-Jms 1.0.2a
-JTreeTable
-libcURL 7.10.7
-Log4j 1.2.8
-Md5.1.1
-Mibsoftware astring
-openJMS 0.7.5
-OpenSSL engine 0.9.7b
-RecDescent.pod
-SIZECBAR.cpp
-Sxbutton
-TabCheckListBox.cpp
-TabCtrlEx.cpp
-TRE
-TreeMenuFrame.cpp
-UUID 1.1
-XbaeMatrix 4.6.2
-Xpm 4.11
-XRT
-Zlib 1.1.4
IBM Tivoli Netcool Webtop:
-commons-beanutils.jar 1.6.1
-commons-collections.jar 2.1
-commons-dbcp.jar 1.1
-commons-digester.jar 1.5
-Commons-fileupload.jar 1.0 RC1
-commons-io-1.0.jar
-commons-jxpath-1.1.jar
-commons-lang.jar 1.0.1
-commons-logging.jar 1.0.3
-commons-pool.jar 1.0.1
-Commons-resources.jar 1.0
-Commons-validator.jar 1.0.2
-ConcurrentHashMap.java
-hsqldb.jar 1.7.1
-Jaxen 1.0-FCS
-JSTL standard.jar 1.0.3
-log4j-1.2.8.jar
-Mtmtrack.js 2.3.2
-Mutex.java
-oromatcher.jar 1.0.7
-saxpath.jar 1.0
-SetCharacterEncodingFilter.java 1.1
-Sniffer.js
-struts.jar 1.1-rc1
-Tyrex 1.0.2
-Xalan 1.0
-xerces.jar 1.4.4
-xmlrpc.jar 1.2-b1
Netcool Security Manager:
-Acme Tools
-Beanshell 1.3b2
-Common/Core Web Programming
-Common\jcrypt\java
-Common\simpletext\jjdbc
-Cryptix v3.2
-Free TDS jdbc drivers
-ILOG visualization software
-HttpClient v0.3-2
-Hypersonic SQL Database v1.2
-Jakarta Tomcat v.4.1.8
-Java libraries JGL from object space v3.1.0
-Java Mail
-Java Webservices Developer Pack v.1.3
-JDBC driver for DB2
-JDBC driver for Informix
-JDBC driver for Lotus Domino
-JDBC driver for Oracle
-JDBC driver for PostgreSQL
-Jlex, Lexical analyzer generator for java
-JNDI v1.2 for NIS v2.1
-JNDI v1.2 svc.
-JRE 1.4.2
-Jsse v 1.0.3
-OpenOrb 1.2.1
-Packerlayout.java
-Provider Interface
-Security\jcrypt.java
Netcool Common Installer:
-Mozilla 1.7
-SQLite 2.8.14
Separately Licensed Code
The provisions of this paragraph do not apply to the extent
they are held to be invalid or unenforceable under the law that
governs this license. Each of the components listed below is
considered "Separately Licensed Code". IBM Separately Licensed Code is
licensed to You under the terms of the applicable third party
license agreement(s) set forth in the NON_IBM_LICENSE file(s) that
accompanies the Program. Notwithstanding any of the terms in the
Agreement, or any other agreement You may have with IBM, the terms of
such third party license agreement(s) governs Your use of all
Separately Licensed Code unless otherwise noted below.
Future Program updates or fixpacks may contain additional
Separately Licensed Code. Such additional Separately Licensed Code and
related licenses are listed in another NON_IBM_LICENSE file that
accompanies the Program update or fixpack. You acknowledge that You
have read and agree to the license agreements contained in the
NON_IBM_LICENSE file(s). If You do not agree to the terms of these third
party license agreements, You may not use the Separately Licensed
Code.
For Programs acquired under the International Program
License Agreement ("IPLA") or International Program License
Agreement for Non Warranted Program ("ILAN") and You are the original
licensee of the Program, if You do not agree with the third party
license agreements, You may return the Program in accordance with
the terms of, and within the specified time frames stated in,
the "Money-back Guarantee" section of the IPLA or ILAN IBM
Agreement.
Note: Notwithstanding any of the terms in the third party
license agreement, the Agreement, or any other agreement You may
have with IBM:
(a) IBM provides this Separately Licensed Code to You
WITHOUT WARRANTIES OF ANY KIND;
(b) IBM DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTIES AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF TITLE, NON-INFRINGEMENT OR INTERFERENCE AND THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THE SEPARATELY LICENSED CODE;
(c) IBM is not liable to You, and will not defend,
indemnify, or hold You harmless for any claims arising from or related
to the Separately Licensed Code; and
(d) IBM is not liable for any direct, indirect, incidental,
special, exemplary, punitive or consequential damages including, but
not limited to, lost data, lost savings, and lost profits, with
respect to the Separately Licensed Code.
Notwithstanding these exclusions, in Germany and Austria,
IBM's warranty and liability for the Separately Licensed Code is
governed only by the respective terms applicable for Germany and
Austria in IBM license agreements.
Note: IBM may provide limited support for some Separately
Licensed Code. If such support is available, the details and any
additional terms related to such support will be set forth in the
License Information document.
The following are Separately Licensed Code:
IBM Tivoli Network Manager IP Edition:
-Glib+ 1.2.10
-GTK+ 1.2.10
-HP JRE 1.5 for HP 11
-Tibco Rendezvous
Netcool Common Installer:
-Glib+ 1.2.10
-GTK+ 1.2.10
Specified Operating Environment
The Program's specifications and specified operating
environment information may be found in documentation accompanying the
Program, if available, such as a read-me file, or other information
published by IBM, such as an announcement letter.
Program-unique Terms
The terms of this Agreement supersede and void any
electronic "click through" licensing terms and conditions included
with or accompanying the Program(s).
1. Tivoli Enhanced Value-Based Pricing Programs
The current list of Tivoli Value-Based Pricing eligible
Programs and definitions can be found on the Tivoli Internet at the
following URL: http://www.ibm.com/software/tivoli/products/licensing.
html
2. Tivoli Enhanced Value-Based Pricing Terms
The Tivoli Enhanced Value-Based Pricing model is described
in the definitions file located at URL: http://www.ibm.
com/software/tivoli/products/licensing.html and describes IBM's charges for your use of Programs
eligible under the Tivoli Enhanced Value-Based Pricing model.
You are authorized to use the Program up to the level
specified in your PoE, invoice, or other document from IBM describing
Your entitlement to use the Program.
3. Order of Precedence
The terms of the IBM International Agreement for
Acquisition of Programs and Support (IIAAPS), the IBM Agreement for
Acquisition of Support (IAAS), the International Passport Advantage
Agreement (IPAA), or equivalent agreement take precedence over the
Terms in the IPLA. This License Information Document and its
referenced documents supersedes and replaces in its entirety any prior
License Information document or any other license agreement
governing any previously acquired Tivoli Programs that have migrated
to the Tivoli Value-Based Pricing Programs.
This License Information Document combined with the
applicable IBM agreement (IIAAPS, IAAS, IPAA, IPLA) and order when
accepted by IBM, will constitute your Proof of Entitlement.
4. Use of the Program
Programs acquired under this Agreement are for use within
your enterprise only and may not be used to provide Tivoli
Management Services external to your enterprise without our prior
written consent. You may not assign, transfer or otherwise remarket
Programs acquired at a discount or allowance.
Tivoli Program offerings may include components, in part or
entirety, of other Programs. You are entitled to install, from the
media provided with the acquired Program, up to your authorized
use, the components as required to directly support the Program.
For use of the components other than in direct support of your
authorized use of the Program, you must acquire a full use
authorization for the component.
Modules created from Tivoli Toolkits are licensed solely
for use internally within a customer's enterprise. External
Distribution of modules created with Tivoli programs is prohibited.
You acknowledge that this Program is not designed, licensed
or intended for use in the design, construction, operation or
maintenance of any nuclear facility
5. Data Encryption Technology Terms
The Programs contain encryption technology that is subject
to special export licensing requirements by the US Department
of Commerce. They may also be subject to export and import
requirements of other countries. IF YOU DISTRIBUTE ANY COMPONENTS OF
THIS PROGRAM, YOU MUST ABIDE BY ALL APPLICABLE LAWS, RULES AND
REGULATIONS REGARDING THE EXPORT OF SUCH CODE. FURTHER, YOU MUST ENSURE
THAT ALL USERS WHO RECEIVE THE PROGRAM FROM YOU COMPLY WITH THE
TERMS OF THIS AGREEMENT.
6. Terms Applicable to Certain Third Party Software: MySQL,
Oracle, SUN, and TIBCO
This Program and its components contain code that is
proprietary to MySQL AB, Oracle, Inc, Sun Microsystems, Inc. and TIBCO
Software, Inc. ("Third Party Software"). Your use of this code,
whether directly or indirectly via the Program, is subject to the
terms below.
You are authorized to install and use such Third Party
Software only in association with Your licensed use of the Program
under this Agreement. You may not use any of the Third Party
Software on a standalone basis or with any third party applications.
The Third Party Software may not be used for any other purpose.
You are not authorized to transfer or remarket the Third Party
Software. Your use of the Third Party Software is subject to The
terms of this Agreement, as well as any terms referenced above
for Separately Licensed Code. In the event of conflict: (a) the
Program's terms supersede the terms of any license agreement which
may accompany the Third Party Software; except that (b) the
terms applicable to Separately Licensed Code supersede the
Program's terms . When Your right to use the Program expires or
terminates, You must discontinue use, destroy or promptly return all
copies of the Third Party Software to IBM.
Oracle, Inc. is a third party beneficiary of the agreement
with respect to components provided by Oracle
TIBCO software is licensed under a separate license
agreement that includes obligations relating to the identification
and treatment of proprietary and confidential information that
differ from IBM?s standard terms and conditions. Refer to the
TIBCO license agreement in the NON_IBM_LICENSE file(s) for
details.
D/N: L-MARG-6XGP78
P/N: L-MARG-6XGP78
NOTICES AND INFORMATION
IBM Tivoli Network Manager IP Edition 3.7
The IBM license agreement and any applicable information on
the web
download page for IBM products refers You to this file for
details
concerning notices applicable to code included in the
products listed
above or otherwise identified as Excluded Components in the
License
Information document for the above-listed products ("the
Program").
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 terms and conditions of
the License
Information document accompanying the Program and not the
license terms
that may be contained in the notices below. The notices are
provided for
informational purposes.
Please note: This Notices file may identify information or
Excluded
Components listed in the agreements for the Program that
are not used
by, or that were not shipped with, the Program as You
installed it.
IMPORTANT: IBM does not represent or warrant that the
information in this
NOTICES file is accurate. Third party websites are
independent of IBM and
IBM does not represent or warrant that the information on
any third party
web site referenced in this NOTICES file is accurate. IBM
disclaims any
and all liability for errors and omissions or for any
damages accruing
from the use of this NOTICES file or its contents,
including without
limitation URLs or references to any third party websites.
The following are Excluded Components:
IBM Tivoli Network Manager IP Edition:
-Archive-Tar 1.26.1
-Archive-Zip 1.16
-Apache Ant 1.6.2, 1.7.0
-Apache Derby v10.2
-Apache Regexp 1.2
-Apache XMLRPC 1.2-b1
-Beanshell 1.3b2
-BIRT 2.1.2
...Avalon
...Axis 1.3.0
...Batik 1.6 (subset)
...Commons CLI 1.0
...Commons Codec 1.3 (subset)
...Commons Discovery 0.2.0
...Commons-IO 1.0
...Commons Logging 1.0.3
...DOM 2
...Flute 1.3.0
...FOP
...PDF Transcoder 1.0 Beta 2
...Prototype.js 1.4.0
...Rhino 1.6 R1
...SAX 2
...Simple API for CSS 1.3.0
...WSDL4J 1.4.0
...WSDL4J 1.5.1
...Xerces-J 2.8.0
...XML-Commons Resolver 1.1
-BrowserLauncher 1.4b1
-Compress-Zlib 1.41
-CPAN::Clone 0.15
-CPAN::DBD Mysql 2.9004
-CPAN::DBD Oracle 1.17
-CPAN::DBD::DB2 1.0
-CPAN::DBI 1.48
-CPAN::Digest-Perl-MD5 1.8
-CPAN::FreezeThaw 0.43
-CPAN::IPC-Run3 0.0033
-CPAN::libnet 1.19
-CPAN::MailTools 1.67
-CPAN::Net-DNS 0.53
-CPAN::Net-IP 1.24
-CPAN::Net-Telnet 3.03
-CPAN::Net-XWhois 0.90
-Cryptix 32
-Digest-SHA1 2.11
-Fping 2.4b2
-HSQLDB 1.7.1
-HTML-Parser 3.50
-HTML-Tagset 3.10
-IBM JRE 1.4.2 for AIX
-IO-String 1.08
-IO-Zlib 1.04
-iText v1.5.2
...Bouncy Castle
-Jakarta ECS 1.4.1, 1.4.2
-Jakarta Struts 1.1
-Jakarta Taglibs 1.0.3
-JDOM 1.0
-libCurl 7.12
-LibExpat 1.95.5
-libwin32 0.26
-libwww-perl 5.805
-Nanog Traceroute 6.3.10
-OpenSSL 0.9.7d
-PCRE 5.0
-PNGImage Producer 0.88
-SOAP-Lite 0.68
-STL Port 4.5.3
-Sun JMS 1.1
-Sun JRE 1.5 for Linux
-Sun JRE 1.5 for Solaris
-Sun JRE 1.5 for Windows
-Text-Autoformat 1.13
-Text-Reform 1.11
-XMLRPC-C 1.03.10
-XPM 3.4K
-Zlib 1.1.4, 1.2.1, 1.2.3
-Zql 27-08-02
-Zql Java sql parser
IBM Tivoli Netcool/OMNIbus:
-AES-128 3
-ANTLR 2.7.2a2
-Apache Xerces 2.3.0
-Balanced.pm
-BCMenu
-Castor 0.9.3
-CoolTreeCtrl.cpp
-Dom2
-FlatToolBar.cpp
-Flexlm
-GfxOutBarCtrlDesc
-Henry Spencer Regexp
-Hsqldb 1.7.1
-Jdbm.jar
-Jms 1.0.2a
-JTreeTable
-libcURL 7.10.7
-Log4j 1.2.8
-Md5.1.1
-Mibsoftware astring
-openJMS 0.7.5
-OpenSSL engine 0.9.7b
-RecDescent.pod
-SIZECBAR.cpp
-Sxbutton
-TabCheckListBox.cpp
-TabCtrlEx.cpp
-TRE
-TreeMenuFrame.cpp
-UUID 1.1
-XbaeMatrix 4.6.2
-Xpm 4.11
-XRT
-Zlib 1.1.4
IBM Tivoli Netcool Webtop:
-commons-beanutils.jar 1.6.1
-commons-collections.jar 2.1
-commons-dbcp.jar 1.1
-commons-digester.jar 1.5
-Commons-fileupload.jar 1.0 RC1
-commons-io-1.0.jar
-commons-jxpath-1.1.jar
-commons-lang.jar 1.0.1
-commons-logging.jar 1.0.3
-commons-pool.jar 1.0.1
-Commons-resources.jar 1.0
-Commons-validator.jar 1.0.2
-ConcurrentHashMap.java
-hsqldb.jar 1.7.1
-Jaxen 1.0-FCS
-JSTL standard.jar 1.0.3
-log4j-1.2.8.jar
-Mtmtrack.js 2.3.2
-Mutex.java
-oromatcher.jar 1.0.7
-saxpath.jar 1.0
-SetCharacterEncodingFilter.java 1.1
-Sniffer.js
-struts.jar 1.1-rc1
-Tyrex 1.0.2
-Xalan 1.0
-xerces.jar 1.4.4
-xmlrpc.jar 1.2-b1
Netcool Security Manager:
-Acme Tools
-Beanshell 1.3b2
-Common/Core Web Programming
-Common\jcrypt\java
-Common\simpletext\jjdbc
-Cryptix v3.2
-Free TDS jdbc drivers
-ILOG visualization software
-HttpClient v0.3-2
-Hypersonic SQL Database v1.2
-Jakarta Tomcat v.4.1.8
-Java libraries JGL from object space v3.1.0
-Java Mail
-Java Webservices Developer Pack v.1.3
-JDBC driver for DB2
-JDBC driver for Informix
-JDBC driver for Lotus Domino
-JDBC driver for Oracle
-JDBC driver for PostgreSQL
-Jlex, Lexical analyzer generator for java
-JNDI v1.2 for NIS v2.1
-JNDI v1.2 svc.
-JRE 1.4.2
-Jsse v 1.0.3
-OpenOrb 1.2.1
-Packerlayout.java
-Provider Interface
-Security\jcrypt.java
Netcool Common Installer:
-Mozilla 1.7
-SQLite 2.8.14
IBM Tivoli Network Manager IP Edition:
APACHE CODE I. The Program includes all or portions of the
following software developed by the Apache Software Foundation. This
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information on the Apache Software Foundation, please see http://www.
apache.org. The following is the list of Excluded Components
governed under V1.1 of the Apache license:
Regexp V1.2
XMLRPC 1.2-b1
IBM obtained the right to use the software under the
following license from the Apache Software Foundation:
/*
* The Apache Software License, Version 1.1
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rights
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************************************************************************************************************************************************************************
APACHE CODE II. The Program includes all or portions of
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many individuals on behalf of the Apache Software Foundation.
For more information on the Apache Software Foundation, please
see http://www.apache.org. The following is the list of
Excluded Components governed under V2.0 of the Apache license:
Ant 1.6.2
Ant 1.7.0
Apache Derby V10.2
IBM obtained the right to use the software under the
following license from the Apache Software Foundation:
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=========================================================================
== NOTICE file corresponding to the section 4 d
of ==
== the Apache License, Version
2.0, ==
== in this case for the Apache Ant
distribution. ==
=========================================================================
Apache Ant
Copyright 1999-2006 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
This product includes also software developed by :
- the W3C consortium (http://www.w3c.org) ,
- the SAX project (http://www.saxproject.org)
The task is based on code Copyright (c) 2002,
Landmark
Graphics Corp that has been kindly donated to the Apache
Software
Foundation.
END OF APACHE II NOTICES AND INFORMATION
********************************************************************************************************************************************************************
BROWSERLAUNCHER CODE. The Program includes the following
BrowserLauncher software:
BrowserLauncher V1.4b1
IBM obtained the right to use the software under the
following license from BrowserLauncher:
This code is Copyright 1999-2001 by Eric Albert
(ejalbert@cs.stanford.edu) and may be redistributed or modified in any
form without restrictions as long as the portion of this comment
from this paragraph through the end of the comment is not
removed. The author requests that he be notified of any application,
applet, or other binary that makes use of this code, but that's
more out of curiosity than anything and is not required. This
software includes no warranty. The author is not repsonsible for
any loss of data or functionality or any adverse or unexpected
effects of using this software.
Credits:
Steven Spencer, JavaWorld magazine (http://www.javaworld.
com/javaworld/javatips/jw-javatip66.html)
Thanks also to Ron B. Yeh, Eric Shapiro, Ben Engber, Paul
Teitlebaum, Andrea Cantatore, Larry Barowski, Trevor Bedzek, Frank
Miedrich, and Ron Rabakukk
@author Eric Albert (ejalbert@cs.stanford.edu)
@version 1.4b1 (Released June 20, 2001)
END OF BROWSERLAUNCHER NOTICES AND INFORMATION
*****************************************************************************************************************************************************************
PNGIMAGE PRODUCER CODE. The Program includes the following
PNGImage Producer software:
PNGImage Producer V0.88
IBM obtained the right to use the software under the
following license from PNGImage Producer:
// Copyright (c) 1997, Jason Marshall. All Rights Reserved
//
// The author makes no representations or warranties
regarding the suitability,
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// Permission to use, reproduce, modify and/or (re)
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// hereby granted.
END OF PNGIMAGE PRODUCER NOTICES AND INFORMATION
***************************************************************************************************************************************************************
HSQL CODE. The Program includes the following HSQL
Development Group software:
HSQLDB V1.7.1
IBM obtained the right to use the software under the
following license from the HSQL Development Group:
/* Copyright (c) 2001-2002, The HSQL Development Group
* All rights reserved.
*
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* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
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* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
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* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OF THIS
* SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
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*/
END OF HSQL NOTICES AND INFORMATION
*****************************************************************************************************************************************************************************
PCRE (Copyright (c) 1997-2004 University of Cam-
bridge. All rights reserved. Programmed by: Philip Hazel
ph10@cam.ac.uk): Release 5 of PCRE is distributed under
the terms of the ?BSD" licence, as specified below. The
documentation for PCRE, supplied in the "doc" direc-
tory, is distributed under the same terms as the Software
itself. Redistribution and use in source and binary forms,
with or without modification, are permitted provided
that the following conditions are met: * Redistributions
of the source code must retain the above copyright no-
tice, this list of conditions and the following disclaimer.
*
Redistributions in binary form must reproduce the above
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disclaimer in the documentation and/or other materials
provided with the distribution. * Neither the name of the
University of Cambridge nor the names of its contribu-
tors may be used to endorse or promote products derived
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Disclaimer: THIS SOFTWARE IS PROVIDED BY THE
COPYRIGHT HOLDERS AND CONTRIBUTORS ?AS
IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
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NO EVENT SHALL THE COPYRIGHT OWNER OR CON-
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QUENTIAL DAMAGES (INCLUDING, BUT NOT LIM-
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OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
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AND ON ANY THEORY OF LIABILITY, WHETHER IN
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ING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE
***********************************************************************************************************
OpenSSL: The Program 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:
/*
************************************************************************************************************
* Copyright (c) 1998-2004 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).
*
*//* 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
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************************************************************************************************************
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_____________________________________________________________________
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Redistribution and use in source and binary forms are
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Portions of this code are Copyright (c) 2004 by Internet
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CPAN::Net-Telnet 3.03: Copyright 1997, 2000, 2002 Jay Rogers
CPAN::Net-XWhois 0.90: Copyright (c) 1998-2001 Vipul Ved
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******************************************************************************************************************************************************************************
The following Excluded Components are licensed under the
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Copyright 1997 Uwe Hollerbach.
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libwin32 0.26: The following copyright applies to all
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Copyright (c) 1995 Microsoft Corporation. All rights
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Developed by ActiveWare Internet Corp.,http://www.
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Other modifications Copyright (c) 1997-2000 by Gurusamy
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Copyright (c) 1999-2002 by ActiveState Corp.
Copyright statements for specific files included in
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-- ppport.h Copyright (C) 1999, Kenneth Albanowski.
If you needed to customize this file for your project,
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-- ChangeNotify.xs Copyright 1998 by Christopher J. Madsen
-- ChangeNotify.pm Copyright 1998 Christopher J. Madsen
Created: 3 Feb 1998 from the ActiveWare version.
Copyright (c) 1995 Microsoft Corporation. All rights
reserved.
Developed by ActiveWare Internet Corp., http://www.
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Other modifications Copyright (c) 1997 by Gurusamy Sarathy
This program is distributed in the hope that it will be
useful,
but WITHOUT ANY WARRANTY; without even the implied
warranty of
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See either the GNU General Public License or the Artistic
License for more details.
-- Console.pm Author: Aldo Calpini
Credits: Thanks to: Jesse Dougherty, Dave Roth, ActiveWare,
and the Perl-Win32-Users community.
Disclaimer: This program is FREE; you can redistribute,
modify, disassemble, or even reverse engineer this software at your
will. Keep in mind, however, that NOTHING IS GUARANTEED to work
and everything you do is AT YOUR OWN RISK - I will not take
responsibility for any damage, loss of money and/or health that may arise
from the use of this program!
-- Console.xs Console.CPP, 20 Jan 97 by Aldo Calpini
XS interface to the Win32 Console API based on Registry.
CPP written by Jesse Dougherty
-- Event.pm Copyright 1998 Christopher J. Madsen
Created: 3 Feb 1998 from the ActiveWare version
This program is distributed in the hope that it will be
useful, but WITHOUT ANY WARRANTY; without even the implied warranty
of
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for more details.
-- Event.xs Copyright 1998 by Christopher J. Madsen
-- FileSecurity.pm, FileSecurity.xs By Monte Mitzelfelt,
monte@conchas.nm.org, minor misc hacks by Gurusamy Sarathy
-- wininet.h Copyright (c) 1995-1996 Microsoft
Corporation
-- Internet.xs 07 Nov 96 by Aldo Calpini
XS interface to the Win32 Internet Functions (WININET.
DLL) based on Registry.CPP written by Jesse Dougherty
-- Internet.pm Disclaimer:
This program is FREE; you can redistribute, modify,
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that NOTHING IS GUARANTEED to work and everything you do is
AT YOUR OWN RISK - I will not take responsability for any
damage, loss
of money and/or health that may arise from the use of this
program!
-- IPCS.pm, Mutex.xs Copyright 1998 by Christopher J.
Madsen
-- IPC.pm, Mutex.pm, Semaphore.pm Copyright 1998
Christopher J. Madsen
Created: 3 Feb 1998 from the ActiveWare version
Copyright (c) 1995 Microsoft Corporation. All rights
reserved.
Developed by ActiveWare Internet Corp., http://www.
ActiveWare.com
Other modifications (c) 1997 by Gurusamy Sarathy
This program 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. See
either the
GNU General Public License or the Artistic License for
more details.
-- Job.pm Copyright (c) 2002, ActiveState Corporation. All
Rights Reserved.
-- ODBC.xs, ODBC.pm, CResults.cpp, constant.cpp, CMom.cpp
Copyright (c) 1996-1997 Dave Roth. All rights reserved.
based on original code by Dan DeMaggio (dmag@umich.edu)
-- OLE.xs Copyright (c) 1995 Microsoft Corporation. All
rights reserved.
Developed by ActiveWare Internet Corp., now known as
ActiveState Tool Corp., http://www.ActiveState.com
Other modifications Copyright (c) 1997-1999 by Gurusamy
Sarathy and Jan Dubois
-- OLE.pm Copyright (c) 1995 Microsoft Corporation. All
rights reserved.
Developed by ActiveWare Internet Corp., now known as
ActiveState Tool Corp., http://www.ActiveState.com
Other modifications Copyright (c) 1997-2000 by Gurusamy
Sarathy and Jan Dubois
-- Pipe.pm Copyright (c) 1996 Dave Roth. All rights
reserved.
-- Pipe.xs Copyright (c) 1996 Dave Roth. All rights
reserved. Based on original code by Dan DeMaggio (dmag@umich.edu)
-- TPJ.pod Copyright 1998 . http://www.
tpj.com
This article originally appeared in
#10. It appears courtesy of Jon Orwant and .
libwww-perl 5.805: Copyright (c) 1995-2005 Gisle Aas. All
rights reserved. Copyright (c) 1995 Martijn Koster. All rights
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SOAP-Lite 0.68: Copyright (C) 2000-2005 Paul Kulchenko. All rights reserved.
This library is free software; you can redistribute it and/or modify it under the same terms as Perl itself.
This text and all associated documentation for this library is made available under the Creative Commons Attribution-NoDerivs 2.0 license.
http://creativecommons.org/licenses/by-nd/2.0/
# This parser is based on "shallow parser" http://www.cs.sfu.ca/~cameron/REX.html
# Robert D. Cameron "REX: XML Shallow Parsing with Regular Expressions",
# Technical Report TR 1998-17, School of Computing Science, Simon Fraser University, November, 1998.
# Copyright (c) 1998, Robert D. Cameron.
# The following code may be freely used and distributed provided that
# this copyright and citation notice remains intact and that modifications
# or additions are clearly identified.
# ======================================================================
#
# Copyright (C) 2000 Lincoln D. Stein
#
# ======================================================================
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***********************************************************************************************************************************************************************
STL Port 4.5.3 Copyright 1999,2000 Boris Fomitchev
This material is provided "as is", with absolutely no
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Permission to use or copy this software for any purpose is hereby
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Copyright 1994 Hewlett-Packard Company
Copyright 1996,97 Silicon Graphics Computer Systems, Inc.
Copyright 1997 Moscow Center for SPARC Technology.
Permission to use, copy, modify, distribute and sell this
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Permission to use, copy, modify, distribute and sell this
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************************************************************************************************************************************************************************
Expat 1.95.5: Copyright (c) 1998, 1999, 2000 Thai Open
Source Software Center Ltd and Clark Cooper, Copyright (c) 2001,
2002 Expat maintainers.
Permission is hereby granted, free of charge, to any person
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CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.
**************************************************************************************************************************************************************************
libCurl 7.12: Copyright (c) 1996 - 2005, Daniel Stenberg,
. All rights reserved.
Permission to use, copy, modify, and distribute this
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provided that the above copyright notice and this permission notice
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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
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Except as contained in this notice, the name of a copyright
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*************************************************************************************************************************************************************************
Nanog Traceroute 6.3.10: This package was debianized by
Marco d'Itri and is currently maintained by Daniel
Kobras .
Upstream author is Ehud Gavron . The
original source has been downloaded from ftp://ftp.login.
com/pub/software/traceroute/.
Copyright (c) 1988 Regents of the University of California.
All rights reserved.
PSC Changes Copyright (c) 1992 Pittsburgh Supercomputing
Center. All rights reserved.
Redistribution and use in source and binary forms are
permitted provided that the above copyright notice and this paragraph
are duplicated in all such forms and that any documentation,
advertising materials, and other materials related to such distribution
and use acknowledge that the software was developed by the
University of California, Berkeley. The name of the University may
not be used to endorse or promote products derived from this
software without specific prior written permission. THIS SOFTWARE IS
PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
*********************************************************************************************************
XMLRPC-C 1.03.10: Copyright (C) 2001 by First Peer, Inc.
All rights reserved.
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following
conditions are met:
Redistribution of source code must retain the above
copyright notice, this list of conditions and the following
disclaimer.
Redistribution 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 of the author may not be used to endorse or
promote products derived from this software without specific prior
written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR 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 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.
**************************************************************************************************************
Fping 2.4b2: Package was originally developed by Roland
Schemers at Stanford University (schemers@stanford.edu) in 1992,
with contributions by: RL "Bob" Morgan (morgan@stanford.edu)
and Thomas Dzubin (dzubint@vcn.bc.ca).
Redistribution and use in source and binary forms are
permitted provided that the above copyright notice and this paragraph
are duplicated in all such forms and that any documentation,
advertising materials, and other materials related to such
distribution and use acknowledge that the software was developed by
Stanford University. The name of the University may not be used
to endorse or promote products derived from this software
without specific prior written permission.
**************************************************************************************************************
JDOM 1.0: Copyright (C) 2000-2004 Jason Hunter & Brett
McLaughlin. 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
.
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 .
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 Jason Hunter and
Brett McLaughlin . For more
information on the JDOM Project, please see .
THIS SOFTWARE IS PROVIDED ``AS IS'' AND WITHOUT ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
***********************************************************************************************************
Zlib 1.1.4, 1.2.1, and 1.2.3:
/* zlib.h -- interface of the 'zlib' general purpose
compression library
version 1.1.4, March 11th, 2002 Copyright (C)
1995-2002 Jean-loup Gailly and Mark Adler
version 1.2.1, November 17th, 2003 Copyright (C)
1995-2003 Jean-loup Gailly and Mark Adler
version 1.2.3, July 18th, 2005 Copyright
(C) 1995-2005 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 Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
The data format used by the zlib library is described by
RFCs (Request for
Comments) 1950 to 1952 in the files http://www.ietf.
org/rfc/rfc1950.txt
(zlib format), rfc1951.txt (deflate format) and rfc1952.
txt (gzip format).
*/
***********************************************************************************************************
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**************************************************************************************************************************************************************
Jakarta ECS 1.4.1 and 1.4.2, Jakarta Struts 1.1 and Jakarta
Taglibs 1.0.3:
The Apache Software License, Version 1.1 Copyright (c) 2000
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
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This software consists of voluntary contributions made by
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information on the Apache Software Foundation, please see .
*********************************************************************************************************************************************************************
Beanshell 1.3b2: portions of this code are licensed under
the Sun Public License 1.0, a copy of which may be found at:
http://www.netbeans.org/about/legal/spl.html
*******************************************************************************************************
Cryptix v.3.2: Copyright (c) 1995-2005 The Cryptix
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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
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AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED
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OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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DAMAGE.
**************************************************************************************************************************************************
Sun JRE 1.5 for Linux, Sun JRE 1.5 for Solaris, Sun JRE 1.5
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*****************************************************************************************************************************************************
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=========================================================================
BIRT 2.1.2 is licensed under the Eclipse Public License v
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*****************************************************************************************************************************************************************************
iText Code. The Program is accompanied by the following
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*******************************************************************************************************************************
Bouncy Castle CODE. The Program is accompanied by the
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License
Copyright (c) 2000 - 2006 The Legion Of The Bouncy Castle
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END OF BOUNCY CASTLE NOTICES AND INFORMATION
***********************************************************************************************************************************************************************
XPM 3.4k Copyright (C) 1989-95 GROUPE BULL
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
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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 GROUPE BULL 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 GROUPE BULL
shall not be used in advertising or otherwise to promote the
sale, use or other dealings in this Software without prior
written authorization from GROUPE BULL.
Portions Copyright (C) 1996 Lorens Younes
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 Lorens Younes 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 Lorens
Younes shall not be used in advertising or otherwise to promote
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*******************************************************************************************************************************************************************************
IBM Tivoli Netcool/OMNIbus:
Zlib 1.1.4 Copyright 1995-2005 Jean-loup Gailly and Mark
Adler
/* zlib.h -- interface of the 'zlib' general purpose
compression library
version 1.1.4, March 11th, 2002
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 Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
The data format used by the zlib library is described by
RFCs (Request for
Comments) 1950 to 1952 in the files ftp://ds.internic.
net/rfc/rfc1950.txt
(zlib format), rfc1951.txt (deflate format) and rfc1952.
txt (gzip format).
*/
***************************************************************
Log4j 1.2.8: The Apache Software License, Version 1.1
Copyright (c) 2000 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
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redistribution, if any, must include the following acknowledgment: "This
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may appear in the software itself, if and wherever such third-
party acknowledgments normally appear.
4. The names "Java Apache Element Construction Set", "Java
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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
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and was originally based on software copyright (c) 1999,
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domain software originally written at the National Center for
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**********************************************************************************************
Md5.1.1: MD5 Message-digest Algorithm April 1992 Copyright
1991-1992 RSA Data Security, Inc. All rights reserved.
License to copy and use this software is granted provided
that it is identified as the "RSA Data Security, Inc. D5 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.
*************************************************************************************************
Xpm 4.11: Copyright (C) 1989-95 GROUPE BULL
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 GROUPE BULL 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 GROUPE BULL
shall not be used in advertising or otherwise to promote the
sale, use or other dealings in this Software without prior
written authorization from GROUPE BULL.
**********************************************************************************************************
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**********************************************************************************************************
Hsqldb 1.7.1: Copyright (c) 1995-2000 by the Hypersonic
SQL Group and Copyright (c) 2001-2005, The HSQL Development
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Redistribution and use in source and binary forms, with or
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Neither the names of the Hypersonic SQL Group, the HSQL
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THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
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LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
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SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by
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Hypersonic SQL Group and the HSQL Development Group.
***************************************************************************************************
OpenSSL0.9.7b: Copyright 1998-2003 The OpenSSL Project.
All rights reserved. This product includes cryptographic
software written by Eric Young. Copyright 1995-1998 Eric Young
(eay@cryptsoft.com) . 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
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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
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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
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4. The names "OpenSSL Toolkit" and "OpenSSL Project" must
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5. Products derived from this software may not be called
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THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS''
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HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
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ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
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This product includes cryptographic software written by
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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
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use as long as the following conditions are adhered 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
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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:
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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
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The word 'cryptographic' can be left out if the routines
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'' ANDANY
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
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PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
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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.
********************************************************************************
SIZECBAR.cpp: Copyright (C) 1998 by Cristi Posea. All
rights reserved
Distribute freely, except: don't remove my name from the
source or documentation (don't take credit for my work), mark your
changes (don't get me blamed for your possible bugs), don't alter
or remove this notice.
No warranty of any kind, express or implied, is included
with this software; use at your own risk, responsibility for
damages (if any) to anyone resulting from the use of this software
rests entirely with the user.
***************************************************************************************************
libcURL 7.10.7 Copyright (c) 1996 - 2006, Daniel Stenberg,
.
All rights reserved.
Permission to use, copy, modify, and distribute this
software for any purpose with or without fee is hereby granted,
provided that the above copyright notice and this permission notice
appear in all copies.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
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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 a copyright
holder shall not be used in advertising or otherwise to promote
the sale, use or other dealings in this Software without prior
written authorization of the copyright holder.
***************************************************************************************************
TreeMenuFrame.cpp and CoolTreeCtrl.cpp: Copyright (c) 1998
raip systems. All rights reserved
***************************************************************************************************
TabCtrlEx.cpp: Copyright (C) 1998 RedCreek
Communications. All rights reserved.
Written by Kevin Lussier (klussier@redcreek.com) Version
1.02
Distribute freely, except: don't remove my name from the
source or documentation (don't take credit for my work), mark your
changes (don't get me blamed for your possible bugs), don't alter
or remove this notice.
No warrantee of any kind, express or implied, is included
with this software; use at your own risk, responsibility for
damages (if any) to anyone resulting from the use of this software
rests entirely with the user.
***************************************************************************************************
UUID.1.1: Copyright (c) 1994-2001 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:
The full text of this NOTICE in a location viewable to
users of the redistributed or derivative work.
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 (c) [$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/"
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.
*******************************************************************************************************
ANTLR 2.7.2a2: Copyright (c) Terence Parr. We reserve no
legal rights to the ANTLR--it is fully in the public domain. An
individual or company may do whatever they wish with source code
distributed with ANTLR or the code generated by ANTLR, including the
incorporation of ANTLR, or its output, into commercial software.
We encourage users to develop software with ANTLR. However,
we do ask that credit is given to us for developing ANTLR. By
"credit", we mean that if you use ANTLR or incorporate any source
code into one of your programs (commercial product, research
project, or otherwise) that you acknowledge this fact somewhere in
the documentation, research report, etc... If you like ANTLR
and have developed a nice tool with the output, please mention
that you developed it using ANTLR. In addition, we ask that the
headers remain intact in our source code. As long as these
guidelines are kept, we expect to continue enhancing this system and
expect to make other tools available as they are completed.
*************************************************************************************************************
Dom2.jar: Copyright (c) 2000 World Wide Web Consortium,
(Massachusetts Institute of Technology, Institut National de Recherche en
Informatique et en Automatique, Keio University). All Rights Reserved.
The DOM bindings are published under the W3C Software
Copyright Notice and License. The software license requires "Notice
of any changes or modifications to the W3C files, including
the date changes were made." Consequently, modified versions of
the DOM bindings must document that they do not conform to the
W3C standard; in the case of the IDL binding, the pragma prefix
can no longer be 'w3c.org'; in the case of the Java binding,
the package names can no longer be in the 'org.w3c' package.
Note: The original version of the W3C Software Copyright
Notice and License could be found at http://www.w3.
org/Consortium/Legal/copyright-software-19980720
Copyright (c) 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, and modify 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:
The full text of this NOTICE in a location viewable to
users of the redistributed or derivative work.
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 (c) [$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/"
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.
*************************************************************************************************************
openJMS 0.7.5: Copyright 1999 (C) Exoffice Technologies
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:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a copy of
this document.
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 name "Exolab" must not be used to endorse or promote
products derived from this Software without prior written permission
of Exoffice Technologies. For written permission,
please contact info@exolab.org.
4. Products derived from this Software may not be called
"Exolab" nor may "Exolab" appear in their names without prior
written permission of Exoffice Technologies. Exolab is a registered
trademark of Exoffice Technologies.
5. Due credit should be given to the Exolab Project (http:
//www.exolab.org/).
THIS SOFTWARE IS PROVIDED BY EXOFFICE TECHNOLOGIES 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 EXOFFICE TECHNOLOGIES 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.
***************************************************************************************************
JTreeTable: Copyright 1997, 1998 Sun Microsystems, Inc.
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.
- Redistribution 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 Sun Microsystems, Inc. or the names of
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
This software is provided "AS IS," without a warranty of
any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS
AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE
HEREBY EXCLUDED. SUN AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY
DAMAGES OR LIABILITIES SUFFERED BY LICENSEE AS A RESULT OF OR
RELATING TO USE, MODIFICATION OR DISTRIBUTION OF THIS SOFTWARE OR
ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING
OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF
SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed,
licensed or intended for use in the design, construction, operation
or maintenance of any nuclear facility.
************************************************************************************************
GfxOutBarCtrlDesc: Copyright (c) Iuri Apollonio 1998.
Use & modify as you want & need, and leave those 3 lines. http:
//www.codeguru.com
*************************************************************************************************
Balanced.pm: Copyright (c) 1997-2001, Damian Conway. All
Rights Reserved.
RecDescent.pod: Copyright (c) 1997-2000, Damian Conway.
All Rights Reserved.
This module is free software. It may be used, redistributed
and/or modified under the same terms as Perl itself.
The intent of this document is to state the conditions
under which a Package may be copied, such that the Copyright
Holder maintains some semblance of artistic control over the
development of the package, while giving the users of the package the
right to use and distribute the Package in a more-or-less
customary fashion, plus the right to make reasonable modifications.
"Package" refers to the collection of files distributed by
the Copyright Holder, and derivatives of that collection of
files created through textual modification.
"Standard Version" refers to such a Package if it has not
been modified, or has been modified in accordance with the
wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the package.
"You" is you, if you're thinking about copying or
distributing this Package.
"Reasonable copying fee" is whatever you can justify on the
basis of media cost, duplication charges, time of people
involved, and so on. (You will not be required to justify it to the
Copyright Holder, but only to the computing community at large as a
market that must bear the fee.)
"Freely Available" means that no fee is charged for the
item itself, though there may be fees involved in handling the
item. It also means that recipients of the item may redistribute
it under the same conditions they received it.
1. You may make and give away verbatim copies of the source
form of the Standard Version of this Package without
restriction, provided that you duplicate all of the original copyright
notices and associated disclaimers.
2. You may apply bug fixes, portability fixes and other
modifications derived from the Public Domain or from the Copyright
Holder. A Package modified in such a way shall still be considered
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3. You may otherwise modify your copy of this Package in
any way, provided that you insert a prominent notice in each
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provided that you do at least ONE of the following:
a) place your modifications in the Public Domain or
otherwise make them Freely Available, such as by posting said
modifications to Usenet or an equivalent medium, or placing the
modifications on a major archive site such as ftp.uu.net, or by allowing
the Copyright Holder to include your modifications in the
Standard Version of the Package.
b) use the modified Package only within your corporation or
organization.
c) rename any non-standard executables so the names do not
conflict with standard executables, which must also be provided, and
provide a separate manual page for each non-standard executable
that clearly documents how it differs from the Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
4. You may distribute the programs of this Package in
object code or executable form, provided that you do at least ONE
of the following:
a) distribute a Standard Version of the executables and
library files, together with instructions (in the manual page or
equivalent) on where to get the Standard Version.
b) accompany the distribution with the machine-readable
source of the Package with your modifications.
c) accompany any non-standard executables with their
corresponding Standard Version executables, giving the non-standard
executables non-standard names, and clearly documenting the differences
in manual pages (or equivalent), together with instructions on
where to get the Standard Version.
d) make other distribution arrangements with the Copyright
Holder.
5. You may charge a reasonable copying fee for any
distribution of this Package. You may charge any fee you choose for
support of this Package. You may not charge a fee for this Package
itself. However, you may distribute this Package in aggregate with
other (possibly commercial) programs as part of a larger
(possibly commercial) software distribution provided that you do not
advertise this Package as a product of your own.
6. The scripts and library files supplied as input to or
produced as output from the programs of this Package do not
automatically fall under the copyright of this Package, but belong to
whomever generated them, and may be sold commercially, and may be
aggregated with this Package.
7. C or perl subroutines supplied by you and linked into
this Package shall not be considered part of this Package.
8. The name of the Copyright Holder may not be used to
endorse or promote products derived from this software without
specific prior written permission.
9. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
*******************************************************************************************************
Castor 0.9.3: Copyright 2000-2002 (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:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a copy of
this document.
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 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
info@exolab.org.
4. 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.
5. 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.
**************************************************************************************************
Jdbm.jar: Copyright 2000 (C) Cees de Groot. All Rights
Reserved. Copyright 2000-2001 (C) Alex Boisvert. All Rights Reserved.
Contributions are Copyright (C) 2000 by their associated contributors.
Redistribution and use of this software and associated
documentation ("Software"), with or without modification, are permitted
provided that the following conditions are met:
1. Redistributions of source code must retain copyright
statements and notices. Redistributions must also contain a copy of
this document.
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 name "JDBM" must not be used to endorse or promote
products derived from this Software without prior written permission
of Cees de Groot. For written permission, please contact
cg@cdegroot.com.
4. Products derived from this Software may not be called
"JDBM" nor may "JDBM" appear in their names without prior written
permission of Cees de Groot.
5. Due credit should be given to the JDBM Project (http:
//jdbm.sourceforge.net/).
THIS SOFTWARE IS PROVIDED BY THE JDBM PROJECT 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 CEES DE GROOT OR ANY 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.
*********************************************************************************************************
Henry Spencer Regexp: Copyright 1992, 1993, 1994, 1997
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.
************************************************************************************************************
Mibsoftware Astring: Copyright 1998 Forrest J. Cavalier
III. See http://www.mibsoftware.com/libmib/ for documentation
and original copies of this software.
This software is provided by Forrest J. Cavalier III, d-b-a
Mib Software, under the following terms and conditions, which
are believed to meet the open-source definition, version 1.0 at
http://www.opensource.org
Contact Mib Software (mibsoft@mibsoftware.com) to discuss
custom and enhanced versions of this and other software, other
licensing terms, and support. We would appreciate that you notify us
of defect discoveries and enhancements so that others can
benefit from work on open-source software.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software (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:
1. The above copyright notice and this permission notice
shall be included in the source code of all copies or substantial
portions of the Software.
2. Modifications to the source code may be created and the
software built from modified source code may be distributed. Unless
other licensing agreements are made in writing, a) Source code
modifications shall be distributed only as "patch files." and b) When
source code of the Software is distributed, it shall be in its
"pristine", unmodified form and c) Modified works that are distributed
shall be named differently than the original. Contact the author
if you wish to arrange other terms.
3. 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.
************************************************************************************************************
IBM Tivoli Netcool Webtop:
Apache Xerces 1.4.4, XMLRpc 1.2, Xalan 1.0, JSTL 1.0,
SetCharacterEncodingFilter.java, Commons-resources.jar 1.0, commons-pool.jar 1.0.1,
struts.jar 1.1-rc1, log4j-1.2.8.jar, Commons-validator.jar 1.0.2,
commons-logging.jar 1.0.3, commons-lang.jar 1.0.1, commons-
jxpath-1.1.jar, Commons-fileupload.jar 1.0 RC1, commons-digester.jar
1.5, commons-collections.jar 2.1 and commons-beanutils.jar
1.6.1:
The Apache Software License, Version 1.1 Copyright (c) 2000
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
"Java Apache Element Construction Set" or "Apache", nor may "Java
Apache ECS" or "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 and
was originally created by Stefano Mazzocchi . For more information on the Apache Software Foundation,
please see . Portions of this software
are based upon public domain software originally written at the
National Center for Supercomputing Applications, University of
Illinois, Urbana-Champaign.
*****************************************************************************************************************************
Saxpath 1.0: Copyright (C) 2000-2002 werken digital. 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 "SAXPath" must not be used to endorse or
promote products derived from this software without prior written
permission. For written permission, please contact license@saxpath.org.
4. Products derived from this software may not be called
"SAXPath", nor may "SAXPath" appear in their name, without prior
written permission from the SAXPath Project Management (pm@saxpath.
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 SAXPath Project (http://www.saxpath.org/)."
Alternatively, the acknowledgment may be graphical using the logos
available at http://www.saxpath.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 SAXPath 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 SAXPath Project and was
originally created by bob mcwhirter and James
Strachan . For more information on the
SAXPath Project, please see .
*******************************************************************************************************************************
Jaxen 1.0: 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 and James
Strachan . For more information on the Jaxen
Project, please see .
********************************************************************************************************************
Hsqldb 1.7.1: Hypersonic Licence ORIGINAL LICENSE (a.k.a.
"hypersonic_lic.txt") Copyright (c) 1995-2000, The Hypersonic SQL Group.
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. Neither the name of the Hypersonic SQL Group 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 ``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 HYPERSONIC SQL GROUP 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 Hypersonic SQL Group.
******************************************************************************************************************
Mtmtrack.js 2.3.2: Morten's JavaScript Tree Menu Tracking
Script version 2.3.2-macfriendly, dated 2002-06-10
http://www.treemenu.com/ Copyright (c) 2001-2002, Morten
Wang & contributors. All rights reserved.
Redistribution and use in source and binary forms, with or
without modification, are permitted provided that the following
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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 HYPERSONIC SQL GROUP,
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.
This software consists of voluntary contributions made by
many individuals on behalf of the Hypersonic SQL Group.
******************************************************************************************************
Packerlayout.java: Certain libraries used by this software
are licensed under the LGPL license. A copy of the LGPL license
and packerlayout.java code may be obtained from: http://www.gnu.
org/licenses/lgpl.txt
*************************************************************************************************************
JRE 1.4.2 for HP: 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 an accurate specification for such API for free use
by all developers of Java-based software.
**************************************************************************************************************************************************************************Netcool
Common Installer:
Mozilla 1.7: 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.
****************************************************************************************************************************************************************************
TERMS AND CONDITIONS FOR SEPARATELY LICENSED CODE
IBM Tivoli Network Manager IP Edition 3.7
The IBM license agreement and any applicable information on
the web
download page for IBM products refers You to this file for
details
concerning terms and conditions applicable to code
identified as
Separately Licensed Code in the License Information
document and
included in the products listed above ("the Program").
The "Separately Licensed Code" identified in the License
Information
document of the IBM license agreement is provided to You
under terms
and conditions that are different from the IBM license
agreement. Your
use of such components or portions thereof is subject to
the terms of
the associated license agreement provided or referenced in
this section
and not the terms of the IBM license agreement.
Please note: This Non_IBM_License file may identify
Separately Licensed
Code and its related agreements that are not used by, or
that were not
shipped with, the Program as You installed it.
The following are Separately Licensed Code:
IBM Tivoli Network Manager IP Edition:
-Glib+ 1.2.10
-GTK+ 1.2.10
-HP JRE 1.5 for HP 11
-Tibco Rendezvous
Netcool Common Installer:
-Glib+ 1.2.10
-GTK+ 1.2.10
The Program includes Tibco Rendezvous. IBM obtained this
software code under the terms and conditions reproduced below, and
it is provided to you under these terms and conditions.
License for TIBCO
TIBCO EMBEDDED-SOFTWARE DISTRIBUTION AGREEMENT
END USER LICENSE
READ THIS END USER LICENSE AGREEMENT CAREFULLY. BY
DOWNLOADING OR INSTALLING THE SOFTWARE, YOU AGREE TO BE BOUND BY THIS
AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD OR
INSTALL THE SOFTWARE AND RETURN IT TO THE VENDOR FROM WHICH IT WAS
PURCHASED.
Upon your acceptance as indicated above, the following
shall govern your use of the Software except to the extent all or
any portion of the Software (a) is subject to a separate
written agreement, or (b) is provided by a third party under the
terms set forth in an Addenda at the end of this Agreement, in
which case the terms of such addenda shall control over
inconsistent terms with regard to such portion(s).
License Grant. The Software is the property of TIBCO or
its licensors and is protected by copyright and other laws.
While TIBCO continues to own the Software, TIBCO hereby grants to
Customer a limited, non-transferable, non-exclusive, license to use
the number of Permitted Instances set forth in the Ordering
Document, in machine-readable, object code form and solely for
Customer's internal business use.
Restrictions. Customer agrees not to (a) make more copies
than the number of permitted Instances plus a reasonable number
of backups, (b) provide access to the Software to anyone other
than employees, contractors, or consultants of Customer, (c)
sublicense, transfer, assign, distribute to any third party, pledge,
lease, rent, or commercially share the Software or any of
Customer's rights under this Agreement (for the purposes of the
foregoing a change in control of Licensee is deemed to be an
assignment); (d) use the Software for purposes of providing a service
bureau including, without limitation, providing third-party
hosting, or third-party application integration or application
service provider-type services, or any similar services; (e) use
the Software in connection with ultrahazardous activities, or
any activity for which failure of the Software might result in
death or serious bodily injury to Customer or third partly or (f)
directly or indirectly, in whole or in part, modify, translate,
reverse engineer, decrypt, decompile, disassemble, make error
corrections to, create derivative works based on, or otherwise attempt
to discover the source code or underlying ideas or algorithms
of the Software.
Beta and Evaluation Licenses. Notwithstanding the
foregoing, if the Software is being provided for demonstration, beta
testing, or evaluation purposes, then Customer agrees (a) to use the
Software solely for such purposes, (b) that the Software will not be
used or deployed in a production environment, and (c) that such
use shall automatically terminate upon the earlier of thirty
days from the date Customer receives the right to install the
Software, or Customer's receipt of notice of termination from TIBCO.
Technical Support. Provided Customer has paid applicable
support fees (not included with Software fees unless separately
listed), TIBCO shall provide support for generally available TIBCO
Software on an annual basis commencing on the Purchase Date, as
follows ("Support"): Customer shall designate at TIBCO's support
website https://support.tibco.com/eSupport/newuser.html, the number
of technical support contacts permitted under the level of
Support purchased (contacts are changeable upon 48-hours prior
written notice to TIBCO). Each contact may contact TIBCO for
problem resolution during TIBCO's published support hours
corresponding to the level of Support fees paid.
Upon notice from a contact of a Software problem which can
be reproduced at a TIBCO support facility or via report access
to Customer's facility, TIBCO shall use reasonable efforts to
correct or circumvent the problem according o its published support
objectives. TIBCO reserves the right to make changes only to the most
currently available version. TIBCO will use reasonable efforts to
support the previously released version of the Software for a
maximum of six months.
TIBCO shall have no obligation to support the Software (i)
for use on any computer system running other than the operating
system for which the Software is approved (as set forth in the
Software documentation) and licensed hereunder, or (ii) if Customer
has modified or authorized a third party to modify the
Software. TIBCO shall have no obligation to modify any version of the
Software to run with any new versions of any operating system, or
any other third party software or hardware. If Customer
purchases Support for any Software, Customer must purchase the same
level of Support for all copies of the Software for which it is
licensed.
Support may be extended for one-year periods on the
anniversary of each Purchase Date at the standard amounts set forth in
its price list, for as long as TIBCO offers Support. Customer
may reinstate lapsed support for any then currently supported
Software by paying all support fees in arrears and any applicable
reinstatement fee. Upgrades, patches, enhancements, bug fixes, new
versions and/or new releases of the Software provided from time to
time under Support shall be used only as replacements to
existing Permitted Instances, and shall not be deemed to increase
that number, and use thereof shall be governed by the terms of
this agreement, except for the first paragraph of the Limited
Warranty and any right of return or refund.
Consulting Services. Customer may request additional
services ("Services") either in an ordering Document, or by a
separate mutually executed work order, statement of work or other
work-request document incorporating this Agreement (each, a
"Work order"). Unless otherwise expressly agreed to in a Work
Order, all Services and any work product therefrom shall be (a)
performed on a time and materials basis, plus meals, lodging, travel,
and other expenses reasonably incurred in connection therewith,
(b) deemed accepted upon delivery, and (c) exclusively owned by
TIBCO (except for confidential information of Customer identified
to TIBCO in the Ordering Document), including all right, title
and intellectual property or other right or interest therein.
Each Work order is intended to constitute an independent and
distinct agreement of the parties, notwithstanding that each shall
be construed to incorporate all applicable provisions of this
Agreement. Specific to TIBCO training services, additional information
regarding courses, registration, restrictions or limitation can be
found at TIBCO's website at http://www.tibco.
com/services/education under Education Programs. Fees for Services shall be due
and payable in United States dollars net 30 from the date of
TIBCO's invoice.
Limited Warranty. If customer obtained the Software
directly from TIBCO, then TIBCO warrants that for a period of thirty
(30) days from the purchase Date; (i) the media on which the
Software is furnished will be free of defects in materials and
workmanship under normal use; and (ii) the Software will substantially
conform to its published specifications. This limited warranty
extends only to the original Customer hereunder. Customer's sole
and exclusive remedy and entire liability of TIBCO and its
licensors under this limited warranty will be, at TIBCO's option,
repair, replacement, or refund of the Software and applicable
Support fees, in which event this Agreement shall terminate upon
payment thereof.
This warranty does not apply to any Software which (a) is
licensed for beta, evaluation, testing or demonstration purposes for
which TIBCO does not receive a license fee, (b) has been altered
or modified, except by TIBCO, (c) has not been installed,
operated, repaired, or maintained in accordance with instructions
supplied by TIBCO, (d) has been subjected to abnormal physical or
electrical stress, misuse, negligence, or accident, or (e) is used in
violation for any other term of this Agreement. Customer agrees to
pay TIBCO for any Support or services provided by TIBCO related
to a breach of the foregoing on a time, materials, travel,
lodging and other reasonable expenses basis. If Customer obtained
the Software from a TIBCO reseller or distributor, the terms of
any warranty shall be as provided by such reseller or
distributor, and TIBCO provides Customer no warranty with respect to
such Software.
EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE,
SUPPORT AND SERVICES ARE PROVIDED 'AS IS', ALL EXPRESS OR IMPLIED
CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OR MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY
QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE
LAW. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE,
SUPPORT OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT
ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERROR OR BUGS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY OR
SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER,
DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
EXTENSIONS OR ADDITIONS TO THIS WARRANTY.
Indemnity. If customer obtained the Software from TIBCO
directly, then TIBCO shall indemnify Licensee from and against any
final judgement by a court of competent jurisdiction, including
reasonable attorney's fees, that the unmodified TIBCO Software
infringes any patent issued by the United States, Canada, Australia,
Japan, or any member of the European Union, or any copyright, or
any trade secret of a third party; provided that TIBCO is
promptly notified in writing of such claim, TIBCO has the exclusive
right to control such defense and/or settlement, and licensee
shall provide reasonable assistance (at TIBCO's expense) in the
defense thereof. In no event shall Licensee settle any claim,
action or proceeding without TIBCO's prior written approval. In
the event of any such claim, litigation or threat thereof,
TIBCO at its sole option and expense, shall (a) procure for
Licensee the right to continue to use the TIBCO software or (b)
replace or modify the TIBCO Software with functionality equivalent
software. If such settlement or modification is not commercially
reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this
Agreement upon sixty days prior written notice to Licensee, and
refund to Licensee the unamortized portion of the license fees
paid to TIBCO by Licensee based on a five-year straight-line
deprecation. This Section states the entire liability of TIBCO with
respect to the infringement of any Intellectual Property rights,
and Licensee hereby expressly waives any other liabilities or
obligations of TIBCO with respect thereto. The foregoing indemnity
shall not apply to the extent any infringement could have been
avoided by use of the then-current release.
Limitation of Liability. EXCEPT AS PROVIDED UNDER
INDEMNITY OR RESULTING FROM A BREACH OF CONFIDENTIALITY (THE
'EXCLUDED MATTERS') IN NO EVENT WILL EITHER PARTY OR TIBCO'S
LICENSORS BE LIABLE FOR ANY LOST DATA, LOST REVENUE, LOST PROFITS,
DAMAGE TO REPUTATION, BUSINESS INTERRUPTION, OR ANY OTHER
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR
ANY SIMILAR TYPE DAMAGES ARISING OUT OF THIS AGREEMENT, THE USE
OF THE INABILITY TO USE THE SOFTWARE, OR THE PROVISION OF ANY
SUPPORT OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES EXCEPT FOR THE EXCLUDED MATTERS, IN NO
EVENT SHALL A PARTY BE LIABLE TO THE OTHER, WHETHER IN CONTRACT,
TORT (INCLUDING ACTIVE OR PASSIVE NEGLIGENCE), BREACH OF
WARRANTY, CLAIMS BY THIRD PARTIES OR OTHERWISE EXCEED THE PRICE PAID
BY CUSTOMER UNDER THE APPLICABLE ORDERING DOCUMENT.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-
STATED REMEDY OR LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR
EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO CUSTOMER.
Confidentiality. "Confidential Information" means the
terms of this Agreement, all information marked by the disclosing
party as proprietary or confidential; any provided software,
related documentation or related performance test results derived
by Licensee; and any methods, concepts or processes utilized
in provided software or related documentation. Confidential
Information shall remain the sole property of the disclosing party and
shall not be disclosed to any non-Authorized User without the
prior written consent of the disclosing party. If Confidential
information is communicated orally, such communication shall be
confirmed as "Confidential" in writing within thirty days of such
disclosure. The parties agree to protect the Confidential information
of the other in the same manner it protects the
confidentiality of similar information and data of its own (and at all
times exercising at least a reasonable degree of care). Except
with respect to the Software, items will not be deemed
Confidential information if (i) available to the public other than by a
breach of an agreement with TIBCO, (ii) rightfully received from a
third party not in breach of any obligation of confidentiality,
(iii) independently developed by one party without use of the
Confidential information of the other: (iv) known to the recipient at
the time of disclosure (other than under a separate
confidentiality obligation); or (v) produced in compliance with applicable
law or court order, provided the other party is given
reasonable notice of the same. Both parties agree to indemnify the
other for any damages the other may sustain resulting from their
unauthorized use and/or disclosure of the other's Confidential
Information. Such damages shall include reasonable expenses incurred in
seeking both legal and equitable remedies. To the extent required
by law, at Customer's request, TIBCO shall provide Customer
with the interface information needed to achieve
interoperability between the Software and another independently created
program, on payment of TIBCO's applicable fee. Customer agrees to
observe obligations of confidentiality with respect to such
information.
Export. Software, including technical data, is subject to U.
S. export control laws, including the U.S. Export
Administration Act and its associated regulations, and may be subject to
export or import regulations in other countries. Customer agrees
to comply strictly with all such regulations and agrees to
obtain all necessary licenses to export, re-export, or import
Software.
Government Use. If the Customer is an agency, department,
or other entity of the United States Government
("Government"), the use, duplication, reproduction, release, modification,
disclosure or transfer of the Software, or any related documentation
of any kind, including technical data or manuals, is
restricted in accordance with Federal Acquisition Regulation ("FAR")
12.212 for civilian agencies and Defense Federal Acquisition
Regulation Supplement (DFARS") 227.7202 for military agencies. The
Software is commercial computer software and commercial computer
software documentation. Use of the Software and related
documentation by the Government is further restricted in accordance with
the terms of this Agreement, and any modification thereto.
Orders. An Ordering Document shall be deemed accepted only
by issuance of a TIBCO invoice and solely for purposes of
administrative convenience. None of the terms of the Ordering Document
(other than the Software product name, number of Permitted
instances, level of Support, description of Services, and fees due in
connection therewith) shall apply for any reason or purpose
whatsoever, regardless of any statement on any Ordering Document to the
contrary, unless countersigned by an offer of TIBCO. This agreement
constitutes the entire agreement between the parties with respect to
the use of the Software, Support and Services, and supersedes
all proposals, oral or written, and all other representations,
statements, negotiations and undertakings relating to the subject
matter hereof. All orders of Software, Support or Services by
Customer from TIBCO shall be deemed to occur under the terms of this
Agreement (with or without reference to this Agreement), unless
expressly superseded by a signed written agreement between the
parties. Software shall be delivered electronically, and such
delivery shall occur when the TIBCO Software is made available for
download by Customer. Physical deliveries (as applicable) of
Software and documentation which typically accompanies the Software
on delivery shall be on CD-ROM, FOB Palo Alto, and delivery
shall occur by depositing the CD-ROM with TIBCO's overnight
carrier (at not charge to Customer).
Term and Termination. Support or Services may be
terminated: (a) by either party upon a default of the other, such
default remaining uncured for fifteen days from written notice from
the non-defaulting party; (b) upon the filing for bankruptcy or
insolvency of the other party, (c) by either party upon prior written
notice at least sixty days prior to the end of any annual
Maintenance period; or (d) by Licensee (for Services), upon ten days
prior written notice Termination of Support or Services shall not
terminate this Agreement. Customer may terminate this Agreement in
its entirety at any time by destroying all copies of the
Software. Upon termination of this Agreement in its entirety, for any
reason, Customer must cease using and return or destroy all copies
of the Software. Customer's obligation to pay accrued charges
and any fees due as of the date of termination, as well as the
sections entitled "Confidentiality", "Limited Warranty" and
"Limitation of Liability" shall survive any such termination.
Authority. You hereby represent and warrant that you have
the full power and authority to accept the terms of this
Agreement on behalf of Customer, and that Customer agrees to be bound
by this Agreement.
General. Fees on the Ordering Document (all to be paid on
the latter of thirty days from Invoice by TIBCO or the date set
forth in the Ordering Document) do not include sales, use,
withholding, value-added or similar taxes, and Customer agrees to pay
the same, excluding therefrom taxes related to TIBCO's income
and corporate franchise tax. Customer agree to pay all
reasonable costs incurred (including reasonable attorney's fees) in
collecting past due amounts under this Agreement. Except as set forth
in the Section entitled Limited "Warranty" all fees paid under
or in connection with this Agreement are non-refundable and no
right of set-off exists. All payment of fees due shall be made
in U.S. dollars, net 30 from Purchase Date, or, for any other
amounts coming due hereafter, net 30 from TIBCO's invoice. A
service charge of one and one-half percent per month will be
applied to all invoices that are not paid on time. Licensee agrees
to pay all sales, use, value-added, withholding, excise and
any other similar taxes or government charges, exclusive of
TIBCO's income taxes. No delay in the performance of any
obligation by either party, excepting all obligations to make payment,
shall constitute a breach of this Agreement to the extent caused
by force majeure. Customer hereby grants TIBCO and its
independent auditors the right to audit Customer's compliance with this
Agreement. If any portion of this Agreement is found to be void or
unenforceable, the remaining provisions shall remain in full force and
effect. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, United States of
America, as if performed wholly within the state and without giving
effect to the principles of conflict of law. The state and/or
federal courts in San Francisco, California shall have exclusive
jurisdiction of any action arising out of or relating to this Agreement.
The United Nations Convention on Contracts for the
International Sale of Goods is excluded from application hereto. If any
portion hereof is found to be void or unenforceable, the remaining
provisions of this agreement shall remain in full force and effect.
Definitions. In connection with this Agreement, the
following capitalized terms shall have the following meaning:
"Agreement" means this End User License Agreement; "Case Start" means
the initiation of a single instance of a defined business
process; "Connection" for the following TIBCO Software products
shall mean: for TIBCO Enterprise Message Service, a TIBCO
Enterprise Message Service client connection to the TIBCO Enterprise
Message Service server for the purpose of sending or receiving
messages, for TIBCO SmartSockets and TIBCO SmartMQ, any network
protocol link established with such TIBCO Software (directly or
indirectly) to any other entity, including but not limited to software,
firmware or hardware, for TIBCO Enterprise RTView - Standard Monitor
System, the number of monitored server instances to TIBCO
Rendezvous daemons or TIBCO Hawk agents; for TIBCO Enterprise RTView -
EMS Monitor System, a monitored TIBCO Enterprise Message
Service Connection (as defined above for that product); for TIBCO
General Interface, an electronic data interface to a CPU on a
server (which excludes CPUs on devices such as routers, switches,
proxies, or HTTP or application servers configured to substantially
pass-through information or messages to TIBCO General Interface)
that produces information or messages consumed by TIBCO General
Interface; "Customer" means the original purchaser or licensee of the
Software and any permitted successors and assigns. "Developer" means
on user/developer of a TIBCO Software product for use in
Development; "Development" means used for software development purposes
only; "Enterprise" means an unlimited number of Permitted
Instances for a period of one year from the Purchase Date (unless
otherwise set forth in the Ordering Document), at which time existing
licenses convert to perpetual and Customer may not thereafter deploy
additional Permitted Instances, and in any event, shall (during the
one-year unlimited deployment period) exclude any entity which
acquires, is acquired by, merged into, or otherwise combined with
Customer. Customer hereby agrees to provide TIBCO with notice of the
number of Permitted Instances deployed at the end of such one-year
period within thirty days thereafter; "Fab" means unlimited use
for shop-floor manufacturing applications at a Site;
"Workstation" shall mean a single end-user computer that is generally
intended to be accessed by one person at a time; "Ordering Document"
means any purchase or similar document or agreement requesting
Software, Support or Services; "Permitted Instance(s)" means the
number of copies of Software running on a Server Instance,
Workstation, User, or Development basis, on a designated Platform, as
set forth in an Ordering Document, including, without
limitation, Enterprise, Site, and Fab licensing; "Platform" means the
operating system set forth in an Ordering Document; "Purchase Date"
means the date of the Ordering Document is accepted by TIBCO;
"Server instance" means a computer with 1 CPU (unless otherwise set
forth in the Ordering Document) performing common services for
multiple machines; "Site" means an unlimited number of Permitted
Instances at a specific physical address set forth in the Ordering
Document (or in the absence of any address, at Customer corporate
headquarters); "Software" means the software products listed in an
Ordering Document (except as provided in the second paragraph
hereof), in whole and in part, along with their associated
documentation; "TIBCO" means TIBCO Software Inc.; and "Named User" means
the number of named users with access to the Software.
Special Product Provisions. TIBCO BusinessPartner:
Customer may sublicense to third parties ("Partners") up to the
total Number of Copies of TIBCO BusinessPartner, provided that
for every such sublicense, the Number of Copies Customer is
licensed to use shall be reduced by the same number, and provided
further that prior to delivery of TIBCO BusinessPartner to a
Partner, such Partner agrees in writing (a) to be bound by terms and
conditions at least as protective of TIBCO as the terms of this
Agreement, (b) that TIBCO BusinessPartner be used solely to
communicate with Customer's implementation of TIBCO BusinessConnect,
and (c) for such Partner to direct all technical support and
Maintenance questions directly to Customer. Customer agrees to keep
records of the Partners to which it distributes TIBCO
BusinessPartner, and to provide TIBCO the names thereof (with an address and
contact name) within sixty days of the end of each quarter. Third
Party Software: Use of any other third-party software identified
by its company and/or product name or otherwise designated in
Licensee's Ordering Document (collectively "Third Party Software") is
subject solely to the terms and conditions of the click-wrap or
shrink-wrap license agreement included with the Third party
Software products, and for which TIBCO shall be an intended third-
party beneficiary of same. TIBCO shall have no obligation
whatsoever in connection with the Third Party Software (including,
without limitation, any obligation to provide maintenance or
support) and the provision of Third Party Software is accomplished
solely as an accommodation and in lieu of Customer purchasing a
license to Third Party Software directly from the third party
vendor. Embedded/Bundled products. Some TIBCO Software embeds or
bundles other TIBCO Software (e.g. TIBCO InConcert bundles TIBCO
Rendezvous). Use of such embedded or bundled TIBCO Software is solely to
enable the functionality of the TIBCO Software licensed on the
Cover Page, and may not be used or accessed by any other TIBCO
Software, or for any other purpose. Open Source Software: If
Licensee uses Open Source software in conjunction with the TIBCO
Software, Licensee must ensure that its use does not: (i) create, or
purport to create obligations of use with respect to the TIBCO
software; or (ii) grant or purport to grant, to any third party and
rights to or immunities under TIBCO's intellectual property or
proprietary rights in the TIBCO Software. You also may not combine the
TIBCO Software with programs licensed under the GNU General
Public License ("GPL") in any manner that could cause, or could be
interpreted or asserted to cause, the TIBCO Software or any
notifications thereto to become subject to the terms of the GPL.
******************************************************************************************************************************************************************
The Program includes GTK+ 1.2.10 and Glib+ 1.2.10. IBM
obtained this software code under the terms and conditions
reproduced below, and it is provided to you under these terms and
conditions.
License for GTK+ 1.2.10 and Glib+ 1.2.10:
GNU Lesser General Public License
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59
Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is
permitted to copy and distribute verbatim copies of this license
document, but changing it is not allowed.
[This is the first released version of the Lesser GPL. It
also counts as the successor of the GNU Library Public License,
version 2, hence the version number 2.1.]
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the GNU
General Public Licenses are intended to guarantee your freedom to
share and change free software--to make sure the software is free
for all its users.
This license, the Lesser General Public License, applies to
some specially designated software packages--typically libraries-
-of the Free Software Foundation and other authors who
decide to use it. You can use it too, but we suggest you first
think carefully about whether this license or the ordinary
General Public License is the better strategy to use in any
particular case, based on the explanations below.
When we speak of free software, we are referring to freedom
of use, not price. Our General Public Licenses are designed to
make sure that you have the freedom to distribute copies of free
software (and charge for this service if you wish); that you receive
source code or can get it if you want it; that you can change the
software and use pieces of it in new free programs; and that you are
informed that you can do these things.
To protect your rights, we need to make restrictions that
forbid distributors to deny you these rights or to ask you to
surrender these rights. These restrictions translate to certain
responsibilities for you if you distribute copies of the library or if you
modify it.
For example, if you distribute copies of the library,
whether gratis or for a fee, you must give the recipients all the
rights that we gave you. You must make sure that they, too,
receive or can get the source code. If you link other code with the
library, you must provide complete object files to the recipients,
so that they can relink them with the library after making
changes to the library and recompiling it. And you must show them
these terms so they know their rights.
We protect your rights with a two-step method: (1) we
copyright the library, and (2) we offer you this license, which gives
you legal permission to copy, distribute and/or modify the
library.
To protect each distributor, we want to make it very clear
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