NOTICES AND INFORMATION
IBM WebSphere Application Server Liberty Beta
The IBM license agreement and any applicable information on
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Apache License 2.0
The Program includes some or all of the following that IBM
obtained under the Apache License Version 2.0:
Annogen
Apache Abdera
Apache Ant
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Apache Lucene
Apache Muse
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Apache Neethi
Apache OpenJPA
Apache OpenWebBeans
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Apache Sandesha2
Apache SOAP
Apache Transport
Apache Tomcat
Apache Tools Ant
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Apache Wink
Apache Woden
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Apache Xalan-J
Apache XML-Commons Resolver
Apache XML Schema
Apache XML Security
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Backport-util-concurrent
CGLib
Ehcache
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Groovy
Google Closure Compiler
Google Gson
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Jackson
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Log4J
OpenID4Java
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OpenWS
OSGi Materials
OSGi Core
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XML-APIs
XML Beans
XML4J
Weld OSGi Bundle
Weld Servlet
Xalan-J
Xerces
XML Tooling for Java
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
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and hold each
Contributor harmless for any liability incurred by, or
claims asserted
against, such Contributor by reason of your accepting any
such
warranty or additional liability.
END OF APACHE NOTICES AND INFORMATION
===============================================================
BSD License: The Program includes the following components
that IBM obtained under the BSD license:
*Google Protocol Buffers
Copyright 2014, Google Inc. All rights reserved.
Code generated by the Protocol Buffer compiler is owned by
the owner
of the input file used when generating it. This code is not
standalone and requires a support library to be linked with
it. This
support library is itself covered by the BSD license.
*Google V8 JavaScript Engine
Copyright 2006-2011, the V8 project authors. All rights
reserved.
*D3
Copyright (c) 2013, Michael Bostock
All rights reserved.
*ESAPI
Copyright (c) 2007, The OWASP Foundation
All rights reserved.
*ObjectWeb ASM
Copyright (c) 2000-2005 INRIA, France Telecom
All rights reserved.
*SERP
Copyright (c) 2002-2006, A. Abram White
All rights reserved.
BSD License:
Redistribution and use in source and binary forms, with or
without
modification, are permitted provided that the following
conditions are met:
* Redistributions of source code must retain the above
copyright notice, this
list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice,
this list of conditions and the following disclaimer in
the documentation
and/or other materials provided with the distribution.
* Neither the name of 'serp' nor the names of its
contributors may
be used to endorse or promote products derived from this
software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS
AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED
AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
END OF BSD LICENSE NOTICES AND INFORMATION
===============================================================
MIT License: The Program includes the following components
that IBM obtained under the MIT license:
*cJSON
Copyright (c) 2009 Dave Gamble
All rights reserved.
*Globalize
Copyright Software Freedom Conservancy, Inc.
*jQuery
Copyright 2011, John Resig
*SLF4J
Copyright (c) 2004-2007 QOS.ch
All rights reserved.
*Underscore
c) 2009-2013 Jeremy Ashkenas, DocumentCloud and
Investigative Reporters & Editors
MIT License:
Permission is hereby granted, free of charge, to any person
obtaining a copy
of this software and associated documentation files (the
"Software"), to deal
in the Software without restriction, including without
limitation the rights
to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell
copies of the Software, and to permit persons to whom the
Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice
shall be included in
all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY
KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN
NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR
OTHER DEALINGS IN
THE SOFTWARE.
END OF MIT LICENSE NOTICES AND INFORMATION
===============================================================
ANTLR. The Program includes ANTLR that IBM obtained under
the following license:
ANTLR 1989-2006 Developed by Terence Parr
Partially supported by University of San Francisco & jGuru.
com
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 commerical 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.
The primary ANTLR guy:
Terence Parr
parrt@cs.usfca.edu
parrt@antlr.org
END OF ANTLR NOTICES AND INFORMATION
===============================================================
ECLIPSE CODE
EPL. The Program includes all or portions of the following
software which IBM obtained under the terms and conditions
the Eclipse Public License ("EPL Code") .
The following subset of Excluded Components was obtained
from the Eclipse Foundation:
Cairo Binding, Cairo Library, Independent JPEG Group's
LIBJPEG Release 6b (derivative - subset),
Mozilla Binding, OSGi Materials, pixman, XHTML DTDs, MXJ4,
Aspect J Runtime,, IBM Eclipse SDK, IBM Eclipse Help
System 3.0.1 components,
Higgens Token Server, TPTP , ECJ, EMF, Eclipse Equinox
(OSGi Services), Eclipse Equinox metatype, EclipseLink, Paho MQTT-
client
(herein collectively referred to as "Eclipse Code").
Notices and important
information, including instructions for obtaining source
code, for the Eclipse
Code may be found in associated "about.html" files ("About
Files") that
accompany the Eclipse Code. These About Files are provided
for informational
purposes only, and notwithstanding anything to the contrary
therein,
your use of such Eclipse Code shall be governed by the
terms of the IBM
end user license agreement.
END OF ECLIPSE CODE NOTICES AND INFORMATION
=============================================
ECLIPSE PLATFORM DERIVATIVE CLASSES
IBM has made certain modifications to Eclipse code, which
modifications
are referred to as the "Eclipse Platform 3.3 derivative
classes".
These modifications have been contributed to the Eclipse
Foundation
and can be downloaded from www.eclipse.org. Look for the
following bug:
https://bugs.eclipse.org/bugs/show_bug.cgi?id=187614
Source code for the unmodified version of these files can
be found
at .www.eclipse.org
END OF ECLIPSE PLATFORM DERIVATIVE CLASSES NOTICES AND
INFORMATION
=============================================
Javassist. The Program includes all or portions of the
following
software which IBM obtained under the terms and conditions
the Mozilla Public License (MPL) .
Mozilla Public License Version 2.0
1. Definitions
1.1. “Contributor”
means each individual or legal entity that creates,
contributes to the creation of, or owns Covered Software.
1.2. “Contributor Version”
means the combination of the Contributions of others (if
any) used by a Contributor and that particular Contributor’s
Contribution.
1.3. “Contribution”
means Covered Software of a particular Contributor.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has
attached the notice in Exhibit A, the Executable Form of such Source
Code Form, and Modifications of such Source Code Form, in each
case including portions thereof.
1.5. “Incompatible With Secondary Licenses”
means
a. that the initial Contributor has attached the notice
described in Exhibit B to the Covered Software; or
b. that the Covered Software was made available under the
terms of version 1.1 or earlier of the License, but not also
under the terms of a Secondary License.
1.6. “Executable Form”
means any form of the work other than Source Code Form.
1.7. “Larger Work”
means a work that combines Covered Software with other
material, in a separate file or files, that is not Covered Software.
1.8. “License”
means this document.
1.9. “Licensable”
means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently,
any and all of the rights conveyed by this License.
1.10. “Modifications”
means any of the following:
a. any file in Source Code Form that results from an
addition to, deletion from, or modification of the contents of
Covered Software; or
b. any new file in Source Code Form that contains any
Covered Software.
1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation,
method, process, and apparatus claims, in any patent Licensable by
such Contributor that would be infringed, but for the grant of
the License, by the making, using, selling, offering for sale,
having made, import, or transfer of either its Contributions or
its Contributor Version.
1.12. “Secondary License”
means either the GNU General Public License, Version 2.0,
the GNU Lesser General Public License, Version 2.1, the GNU
Affero General Public License, Version 3.0, or any later versions
of those licenses.
1.13. “Source Code Form”
means the form of the work preferred for making
modifications.
1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights
under this License. For legal entities, “You” includes any entity
that controls, is controlled by, or is under common control with
You. For purposes of this definition, “control” means (a) the
power, direct or indirect, to cause the direction or management of
such entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares or
beneficial ownership of such entity.
2. License Grants and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-
free, non-exclusive license:
a. under intellectual property rights (other than patent or
trademark) Licensable by such Contributor to use, reproduce, make
available, modify, display, perform, distribute, and otherwise exploit
its Contributions, either on an unmodified basis, with
Modifications, or as part of a Larger Work; and
b. under Patent Claims of such Contributor to make, use,
sell, offer for sale, have made, import, and otherwise transfer
either its Contributions or its Contributor Version.
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any
Contribution become effective for each Contribution on the date the
Contributor first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights
granted under this License. No additional rights or licenses will
be implied from the distribution or licensing of Covered
Software under this License. Notwithstanding Section 2.1(b) above,
no patent license is granted by a Contributor:
a. for any code that a Contributor has removed from Covered
Software; or
b. for infringements caused by: (i) Your and any other
third party’s modifications of Covered Software, or (ii) the
combination of its Contributions with other software (except as part of
its Contributor Version); or
c. under Patent Claims infringed by Covered Software in the
absence of its Contributions.
This License does not grant any rights in the trademarks,
service marks, or logos of any Contributor (except as may be
necessary to comply with the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your
choice to distribute the Covered Software under a subsequent
version of this License (see Section 10.2) or under the terms of a
Secondary License (if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes
its Contributions are its original creation(s) or it has
sufficient rights to grant the rights to its Contributions conveyed by
this License.
2.6. Fair Use
This License is not intended to limit any rights You have
under applicable copyright doctrines of fair use, fair dealing,
or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the
licenses granted in Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form,
including any Modifications that You create or to which You
contribute, must be under the terms of this License. You must inform
recipients that the Source Code Form of the Covered Software is
governed by the terms of this License, and how they can obtain a
copy of this License. You may not attempt to alter or restrict
the recipients’ rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
a. such Covered Software must also be made available in
Source Code Form, as described in Section 3.1, and You must inform
recipients of the Executable Form how they can obtain a copy of such
Source Code Form by reasonable means in a timely manner, at a
charge no more than the cost of distribution to the recipient; and
b. You may distribute such Executable Form under the terms
of this License, or sublicense it under different terms,
provided that the license for the Executable Form does not attempt
to limit or alter the recipients’ rights in the Source Code
Form under this License.
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of
Your choice, provided that You also comply with the requirements
of this License for the Covered Software. If the Larger Work
is a combination of Covered Software with a work governed by
one or more Secondary Licenses, and the Covered Software is not
Incompatible With Secondary Licenses, this License permits You to
additionally distribute such Covered Software under the terms of such
Secondary License(s), so that the recipient of the Larger Work may,
at their option, further distribute the Covered Software under
the terms of either this License or such Secondary License(s).
3.4. Notices
You may not remove or alter the substance of any license
notices (including copyright notices, patent notices, disclaimers
of warranty, or limitations of liability) contained within the
Source Code Form of the Covered Software, except that You may
alter any license notices to the extent required to remedy known
factual inaccuracies.
3.5. Application of Additional Terms
You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Covered Software. However, You may do so only on Your
own behalf, and not on behalf of any Contributor. You must make
it absolutely clear that any such warranty, support,
indemnity, or liability obligation is offered by You alone, and You
hereby agree to indemnify every Contributor for any liability
incurred by such Contributor as a result of warranty, support,
indemnity or liability terms You offer. You may include additional
disclaimers of warranty and limitations of liability specific to any
jurisdiction.
4. Inability to Comply Due to Statute or Regulation
If it is impossible for You to comply with any of the terms
of this License with respect to some or all of the Covered
Software due to statute, judicial order, or regulation then You
must: (a) comply with the terms of this License to the maximum
extent possible; and (b) describe the limitations and the code
they affect. Such description must be placed in a text file
included with all distributions of the Covered Software under this
License. Except to the extent prohibited by statute or regulation,
such description must be sufficiently detailed for a recipient
of ordinary skill to be able to understand it.
5. Termination
5.1. The rights granted under this License will terminate
automatically if You fail to comply with any of its terms. However, if
You become compliant, then the rights granted under this
License from a particular Contributor are reinstated (a)
provisionally, unless and until such Contributor explicitly and finally
terminates Your grants, and (b) on an ongoing basis, if such
Contributor fails to notify You of the non-compliance by some
reasonable means prior to 60 days after You have come back into
compliance. Moreover, Your grants from a particular Contributor are
reinstated on an ongoing basis if such Contributor notifies You of the
non-compliance by some reasonable means, this is the first time
You have received notice of non-compliance with this License
from such Contributor, and You become compliant prior to 30 days
after Your receipt of the notice.
5.2. If You initiate litigation against any entity by
asserting a patent infringement claim (excluding declaratory judgment
actions, counter-claims, and cross-claims) alleging that a
Contributor Version directly or indirectly infringes any patent, then
the rights granted to You by any and all Contributors for the
Covered Software under Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2
above, all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or Your distributors
under this License prior to termination shall survive termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an “as
is” basis, without warranty of any kind, either expressed,
implied, or statutory, including, without limitation, warranties
that the Covered Software is free of defects, merchantable, fit
for a particular purpose or non-infringing. The entire risk as
to the quality and performance of the Covered Software is with
You. Should any Covered Software prove defective in any respect,
You (not any Contributor) assume the cost of any necessary
servicing, repair, or correction. This disclaimer of warranty
constitutes an essential part of this License. No use of any Covered
Software is authorized under this License except under this
disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether
tort (including negligence), contract, or otherwise, shall any
Contributor, or anyone who distributes Covered Software as permitted
above, be liable to You for any direct, indirect, special,
incidental, or consequential damages of any character including,
without limitation, damages for lost profits, loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses, even if such party shall have
been informed of the possibility of such damages. This
limitation of liability shall not apply to liability for death or
personal injury resulting from such party’s negligence to the extent
applicable law prohibits such limitation. Some jurisdictions do not
allow the exclusion or limitation of incidental or consequential
damages, so this exclusion and limitation may not apply to You.
8. Litigation
Any litigation relating to this License may be brought only
in the courts of a jurisdiction where the defendant maintains
its principal place of business and such litigation shall be
governed by laws of that jurisdiction, without reference to its
conflict-of-law provisions. Nothing in this Section shall prevent a
party’s ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning
the subject matter hereof. If any provision of this License is
held to be unenforceable, such provision shall be reformed only
to the extent necessary to make it enforceable. Any law or
regulation which provides that the language of a contract shall be
construed against the drafter shall not be used to construe this
License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as
provided in Section 10.3, no one other than the license steward has
the right to modify or publish new versions of this License.
Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of
the version of the License under which You originally received
the Covered Software, or under the terms of any subsequent
version published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and
you want to create a new license for such software, you may
create and use a modified version of this License if you rename
the license and remove any references to the name of the
license steward (except to note that such modified license differs
from this License).
10.4. Distributing Source Code Form that is Incompatible
With Secondary Licenses
If You choose to distribute Source Code Form that is
Incompatible With Secondary Licenses under the terms of this version of
the License, the notice described in Exhibit B of this License
must be attached.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla
Public License
Version 1.1 (the "License"); you may not use this file
except in
compliance with the License. You may obtain a copy of
the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed
on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the
License for the specific language governing rights and
limitations
under the License.
The Original Code is
______________________________________.
The Initial Developer of the Original Code is
________________________.
Portions created by ______________________ are
Copyright (C) ______
_______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used
under the terms
of the _____ license (the "[___] License"), in which
case the
provisions of [______] License are applicable instead
of those
above. If you wish to allow use of your version of
this file only
under the terms of the [____] License and not to allow
others to use
your version of this file under the MPL, indicate your
decision by
deleting the provisions above and replace them with
the notice and
other provisions required by the [___] License. If
you do not delete
the provisions above, a recipient may use your version
of this file
under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly
from the text of
the notices in the Source Code files of the Original
Code. You should
use the text of this Exhibit A rather than the text
found in the
Original Code Source Code for Your Modifications.]
END OF JAVASSIST NOTICES AND INFORMATION
=========================================================================
CDDL v1 license: The Program includes the following
components that IBM obtained under the CDDL v1 license:
javax.interceptor-api
javax.annotation-api
javax.ejb-api
javax.enterprise.concurrent-api
javax.interceptor-api
javax.jms-api
javax.resource-api
javax.security.auth.message-api
javax.security.jacc-api
javax.servlet.jsp-api
javax.servlet-api
javax.transaction-api
javax.websocket-api
JBoss-Jdparser
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version
1.1
1. Definitions.
1.1. “Contributor” means each individual or entity that
creates or contributes to the creation of Modifications.
1.2. “Contributor Version” means the combination of the
Original Software, prior Modifications used by a Contributor (if
any), and the Modifications made by that particular Contributor.
1.3. “Covered Software” means (a) the Original Software, or
(b) Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each case
including portions thereof.
1.4. “Executable” means the Covered Software in any form
other than Source Code.
1.5. “Initial Developer” means the individual or entity
that first makes Original Software available under this License.
1.6. “Larger Work” means a work which combines Covered
Software or portions thereof with code not governed by the terms of
this License.
1.7. “License” means this document.
1.8. “Licensable” means having the right to grant, to the
maximum extent possible, whether at the time of the initial grant
or subsequently acquired, any and all of the rights conveyed
herein.
1.9. “Modifications” means the Source Code and Executable
form of any of the following:
A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing Original
Software or previous Modifications;
B. Any new file that contains any part of the Original
Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. “Original Software” means the Source Code and
Executable form of computer software code that is originally released
under this License.
1.11. “Patent Claims” means any patent claim(s), now owned
or hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by grantor.
1.12. “Source Code” means (a) the common form of computer
software code in which modifications are made and (b) associated
documentation included in or with such code.
1.13. “You” (or “Your”) means an individual or a legal
entity exercising rights under, and complying with all of the
terms of, this License. For legal entities, “You” includes any
entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, “control” means
(a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b)
ownership of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free, non-exclusive
license:
(a) under intellectual property rights (other than patent
or trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and distribute the
Original Software (or portions thereof), with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use, practice,
sell, and offer for sale, and/or otherwise dispose of the
Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third party
under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the modification of
the Original Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free, non-exclusive
license:
(a) under intellectual property rights (other than patent
or trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions thereof), either
on an unmodified basis, with other Modifications, as Covered
Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either alone
and/or in combination with its Contributor Version (or portions of
such combination), to make, use, sell, offer for sale, have
made, and/or otherwise dispose of: (1) Modifications made by that
Contributor (or portions thereof); and (2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or otherwise
makes the Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted from
the Contributor Version; (2) for infringements caused by: (i)
third party modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other
devices; or (3) under Patent Claims infringed by Covered Software in
the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in Source
Code form and that Source Code form must be distributed only
under the terms of this License. You must include a copy of this
License with every copy of the Source Code form of the Covered
Software You distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form as to how
they can obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used for software
exchange.
3.2. Modifications.
The Modifications that You create or to which You
contribute are governed by the terms of this License. You represent
that You believe Your Modifications are Your original creation
(s) and/or You have sufficient rights to grant the rights
conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications
that identifies You as the Contributor of the Modification. You
may not remove or alter any copyright, patent or trademark
notices contained within the Covered Software, or any notices of
licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the applicable
version of this License or the recipients' rights hereunder. You
may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so only on Your
own behalf, and not on behalf of the Initial Developer or any
Contributor. You must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by You alone,
and You hereby agree to indemnify the Initial Developer and
every Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms of a
license of Your choice, which may contain terms different from this
License, provided that You are in compliance with the terms of this
License and that the license for the Executable form does not
attempt to limit or alter the recipient's rights in the Source Code
form from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a different
license, You must make it absolutely clear that any terms which
differ from this License are offered by You alone, not by the
Initial Developer or Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of
any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case, You
must make sure the requirements of this License are fulfilled
for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish
revised and/or new versions of this License from time to time. Each
version will be given a distinguishing version number. Except as
provided in Section 4.3, no one other than the license steward has
the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received the
Covered Software. If the Initial Developer includes a notice in the
Original Software prohibiting it from being distributed or otherwise
made available under any subsequent version of the License, You
must distribute and make the Covered Software available under
the terms of the version of the License under which You
originally received the Covered Software. Otherwise, You may also
choose to use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the License
published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and use
a modified version of this License if You: (a) rename the
license and remove any references to the name of the license
steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains
terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS
IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED
SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms herein and
fail to cure such breach within 30 days of becoming aware of the
breach. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You
assert such claim is referred to as “Participant”) alleging that
the Participant Software (meaning the Contributor Version where
the Participant is a Contributor or the Original Software where
the Participant is the Initial Developer) directly or
indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period, unless if
within such 60 day period You withdraw Your claim with respect to
the Participant Software against such Participant either
unilaterally or pursuant to a written agreement with Participant.
6.3. If You assert a patent infringement claim against
Participant alleging that the Participant Software directly or
indirectly infringes any patent where such claim is resolved (such as
by license or settlement) prior to the initiation of patent
infringement litigation, then the reasonable value of the licenses
granted by such Participant under Sections 2.1 or 2.2 shall be
taken into account in determining the amount or value of any
payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted by You
or any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive
termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU,
THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH
PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a “commercial item,” as that term
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
“commercial computer software” (as that term is defined at 48 C.F.R. §
252.227-7014(a)(1)) and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire
Covered Software with only those rights set forth herein. This U.S.
Government Rights clause is in lieu of, and supersedes, any other FAR,
DFAR, or other clause or provision that addresses Government
rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning
subject matter hereof. If any provision of this License is held to
be unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located
in the jurisdiction and venue specified in a notice contained
within the Original Software, with the losing party responsible
for costs, including, without limitation, court costs and
reasonable attorneys' fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of Goods
is expressly excluded. Any law or regulation which provides
that the language of a contract shall be construed against the
drafter shall not apply to this License. You agree that You alone
are responsible for compliance with the United States export
administration regulations (and the export control laws and regulation of
any other countries) when You use, distribute or otherwise make
available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each
party is responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License and You
agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing herein
is intended or shall be deemed to constitute any admission of
liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)
The code released under the CDDL shall be governed by the
laws of the State of California (excluding conflict-of-law
provisions). Any litigation relating to this License shall be subject to
the jurisdiction of the Federal Courts of the Northern District
of California and the state courts of the State of California,
with venue lying in Santa Clara County, California.
END OF CDDL NOTICES AND INFORMATION
=========================================================================
END OF PROGRAM NOTICES AND INFORMATION
================================================================================
L/N: L-SWIS-A2VNE4
D/N: L-SWIS-A2VNE4
P/N: L-SWIS-A2VNE4