THIRD PARTY LICENSE TERMS AND CONDITIONS, NOTICES AND INFORMATION
====================================================================
The license agreement for this product refers you to this file for details
concerning terms and conditions applicable to third party software code
included in this product, and for certain notices and other information
IBM must provide to you under its license to certain software code. The
relevant terms and conditions, notices and other information are provided
or referenced below. Please note that any non-English version of the
licenses below is unofficial and is provided to you for your convenience only.
The English version of the licenses below, provided as part of the English
version of this file, is the official version.
====================================================================
IBM HTTP SERVER AND THE APACHE HTTP SERVER: The IBM HTTP Server
component of the Program includes software developed by The Apache
Software Foundation (http://www.apache.org/). In addition, the Program
is accompanied by source code for the Apache HTTP Server. The portions
of the IBM HTTP Server which are based on software developed by The
Apache Group and the source code for the Apache HTTP Server are
Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
Your use of the source code for the Apache HTTP Server accompanying the
Program is subject to the terms and conditions of the following license
from The Apache Group:
/* ====================================================================
* 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 "Apache", nor
* may "Apache" appear in their name, without prior written permission of the
* Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
* FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
* APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
* INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
* BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
* DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY
* OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
* NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
* EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation. For more information on the
* Apache Software Foundation, please see <http://www.apache.org/>.
*
* Portions of this software are based upon public domain software originally
* written at the National Center for Supercomputing Applications, University
* of Illinois, Urbana-Champaign.
*/
______________________________
MOD_DAV: The IBM HTTP Server component of the Program includes software
developed by Greg Stein <gstein@lyra.org> for use in the mod_dav module
for the Apache HTTP Server (http://www.webdav.org/mod_dav/), in that the
IBM HTTP Server is accompanied by the mod_dav module in source and binary
code form. The mod_dav module, in both source and binary code form, is
based on software developed by Greg Stein and is Copyright (c) 1998-2000
Greg Stein. All rights reserved. Your use of the mod_dav module in both
source and binary code form accompanying the Program is subject to the
terms and conditions of the following license from Greg Stein:
Copyright (c) 1998-2000 Greg Stein. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgment:
This product includes software developed by Greg Stein <gstein@lyra.org> for
use in the mod_dav module for Apache (http://www.webdav.org/mod_dav/).
4. Products derived from this software may not be called "mod_dav" nor may
"mod_dav" appear in their names without prior written permission of Greg Stein.
For written permission, please contact gstein@lyra.org.
5. Redistributions of any form whatsoever must retain the following acknowledgment:
This product includes software developed by Greg Stein <gstein@lyra.org>
for use in the mod_dav module for Apache (http://www.webdav.org/mod_dav/).
THIS SOFTWARE IS PROVIDED BY GREG STEIN ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL GREG STEIN OR THE SOFTWARE'S CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
===========================================
APACHE XALAN CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org) as part of the "Xalan" project.
The portions of the Program which are based on software developed by The
Apache Software Foundation are Copyright (c) 1999 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache Xalan software under the terms
and conditions of the following license from The Apache Software Foundation:
* The Apache Software License, Version 1.1
*
* Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if any,
* must include the following 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 "Xalan" and "Apache Software Foundation" must not be used to
* endorse or promote products derived from this software without prior written
* permission. For written permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache", nor
* may "Apache" appear in their name, without prior written permission of the
* Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
* FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE
* SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
* INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
* PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
* WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
* POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation and was originally based on
* software copyright (c) 1999, Lotus Development Corporation., http://www.lotus.com.
* For more information on the Apache Software Foundation, please see
* <http://www.apache.org/>.
*/
=====================================================================
APACHE XERCES CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org) as part of the "Xerces" project.
The portions of the Program which are based on software developed by The
Apache Software Foundation are Copyright (c) 1999 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache Xerces software under the terms
and conditions of the following license from The Apache Software Foundation:
The Apache Software License, Version 1.1
*
*
* Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without modification,
* are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright notice,
* this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright notice,
* this list of conditions and the following disclaimer in the documentation
* and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if any, must
* include the following 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 "Xerces" and "Apache Software Foundation" must not be used to
* endorse or promote products derived from this software without prior written
* permission. For written permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache", nor may
* "Apache" appear in their name, without prior written permission of the Apache
* Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
* FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE
* SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
* INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
* PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
* WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
* POSSIBILITY OF SUCH DAMAGE.
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation and was originally based on software
* copyright (c) 1999, International Business Machines, Inc., http://www.ibm.com.
* For more information on the Apache Software Foundation, please see
* <http://www.apache.org/>.
============================================================================
RSA DATA SECURITY CODE. The Program includes software derived from the
RSA Data Security, Inc. MD5 Message-Digest Algorithm. Your use of the
RSA Data Security, Inc. MD5 Message-Digest Algorithm source code
accompanying the Program is subject to the terms and conditions of
the following license from RSA Data Security, Inc.:
/* MD5C.C - RSA Data Security, Inc., MD5 message-digest algorithm */
/* Copyright (C) 1991-2, RSA Data Security, Inc. Created 1991. All rights reserved.
License to copy and use this software is granted provided that it is
identified as the "RSA Data Security, Inc. MD5 Message-Digest Algorithm"
in all material mentioning or referencing this software or this function.
License is also granted to make and use derivative works provided that
such works are identified as "derived from the RSA Data Security, Inc.
MD5 Message-Digest Algorithm" in all material mentioning or referencing
the derived work.
RSA Data Security, Inc. makes no representations concerning either the
merchantability of this software or the suitability of this software
for any particular purpose. It is provided "as is" without express or
implied warranty of any kind.
These notices must be retained in any copies of any part of this
documentation and/or software.
*/
===========================================
HARRY SPENCER CODE: The Program includes software based on (and which
constitutes an alteration of) software developed by Harry Spencer.
Your use of the source code for this software accompanying the Program
is subject to the terms and conditions of the following license from
Harry Spencer:
Copyright 1992, 1993, 1994 Henry Spencer. All rights reserved. This
software is not subject to any license of the American Telephone and
Telegraph Company or of the Regents of the University of California.
Permission is granted to anyone to use this software for any purpose
on any computer system, and to alter it and redistribute it, subject
to the following restrictions:
1. The author is not responsible for the consequences of use of this
software, no matter how awful, even if they arise from flaws in it.
2. The origin of this software must not be misrepresented, either by
explicit claim or by omission. Since few users ever read sources,
credits must appear in the documentation.
3. Altered versions must be plainly marked as such, and must not be
misrepresented as being the original software. Since few users ever
read sources, credits must appear in the documentation.
4. This notice may not be removed or altered.
===========================================
APACHE SOAP CODE. The Program includes software developed by The
Apache Software Foundation (http://www.apache.org). The portions
of the Program which are based on software developed by The Apache
Software Foundation are Copyright (c) 1999 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache SOAP software under the
terms and conditions of the following license from The Apache Software
Foundation:
/*
* 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 "SOAP" and "Apache Software Foundation" must not be
* used to endorse or promote products derived from this software without
* prior written permission. For written permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache",
* nor may "Apache" appear in their name, without prior written permission
* of the Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
* MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
* IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE
* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
* INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
* CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
* THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation and was originally based on
* software copyright (c) 2000, International Business Machines, Inc.,
* http://www.apache.org. For more information on the Apache Software
* Foundation, please see <http://www.apache.org/>.
*/
===========================================
APACHE JASPER CODE. The Program includes software developed by The
Apache Software Foundation (http://www.apache.org). The portions of
the Program which are based on software developed by The Apache
Software Foundation are Copyright (c) 1999 The Apache Software Foundation.
All rights reserved. IBM obtained the Apache Jasper software under the
terms and conditions of the following license from The Apache Software
Foundation:
The Apache Software License, Version 1.1
*
* Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the
* documentation and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if
* any, must include the following acknowlegement: "This product includes
* software developed by the Apache Software Foundation (http://www.apache.org/)."
* Alternately, this acknowlegement may appear in the software itself, if
* and wherever such third-party acknowlegements normally appear.
*
* 4. The names "The Jakarta Project", "Tomcat", and "Apache Software
* Foundation" must not be used to endorse or promote products derived from
* this software without prior written permission. For written permission,
* please contact apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache" nor
* may "Apache" appear in their names without prior written permission of
* the Apache Group.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
* MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
* IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE
* LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
* CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
* SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
* INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
* CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
* THE POSSIBILITY OF SUCH DAMAGE.
* ====================================================================
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation. For more information on the
* Apache Software Foundation, please see <http://www.apache.org/>.
*
*/
===========================================
W3C SOFTWARE: The Xalan and Xerces software included with the Program
includes software based on software developed by the World Wide Web
Consortium (Massachusetts Institute of Technology, Institut National
de Recherche en Informatique et en Automatique, Keio University).
IBM did not modify this software. IBM believes this software was
obtained under the terms and conditions of the following license:
W3CŪ SOFTWARE NOTICE AND LICENSE
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, modify, and distribute this software and its
documentation, with or without modification, for any purpose and without
fee or royalty is hereby granted, provided that you include the following
on ALL copies of the software and documentation or portions thereof,
including modifications, that you make:
1.The full text of this NOTICE in a location viewable to users of the
redistributed or derivative work.
2.Any pre-existing intellectual property disclaimers, notices, or
terms and conditions. If none exist, a short notice of the following
form (hypertext is preferred, text is permitted) should be used within
the body of any redistributed or derivative code: "Copyright (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/"
3.Notice of any changes or modifications to the W3C files, including
the date changes were made. (We recommend you provide URIs to the location
from which the code is derived.)
THIS SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS
MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE
ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS.
COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE SOFTWARE OR DOCUMENTATION.
The name and trademarks of copyright holders may NOT be used in advertising
or publicity pertaining to the software without specific, written prior
permission. Title to copyright in this software and any associated
documentation will at all times remain with copyright holders.
____________________________________
Mozilla Rhino Scripting Engine. The Program includes the Mozilla Rhino
Scripting Engine, which is provided to you in binary code form under
the terms of the Program's license. IBM did not modify this software,
and the source code for this software is available from the Mozilla
Project (www.mozilla.org) under the terms and conditions of the following license:
AMENDMENTS
The Netscape Public License Version 1.1 ("NPL") consists of the Mozilla
Public License Version 1.1 with the following Amendments, including
Exhibit A-Netscape Public License. Files identified with "Exhibit
A-Netscape Public License" are governed by the Netscape Public License Version 1.1.
Additional Terms applicable to the Netscape Public License.
I. Effect.
These additional terms described in this Netscape Public License -- Amendments
shall apply to the Mozilla Communicator client code and to all Covered Code under
this License.
II. ''Netscape's Branded Code'' means Covered Code that Netscape
distributes and/or permits others to distribute under one or more trademark(s)
which are controlled by Netscape but which are not licensed for use under this
License.
III. Netscape and logo.
This License does not grant any rights to use the trademarks "Netscape'',
the "Netscape N and horizon'' logo or the "Netscape lighthouse" logo,
"Netcenter", "Gecko", "Java" or "JavaScript", "Smart Browsing" even if such
marks are included in the Original Code or Modifications.
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License, Netscape has
licensed third party code for use in Netscape's Branded Code. To the extent
that Netscape is limited contractually from making such third party code
available under this License, Netscape may choose to reintegrate such code
into Covered Code without being required to distribute such code in Source
Code form, even if such code would otherwise be considered ''Modifications''
under this License.
V. Use of Modifications and Covered Code by Initial Developer.
V.1. In General.
The obligations of Section 3 apply to Netscape, except to the
extent specified in this Amendment, Section V.2 and V.3.
V.2. Other Products.
Netscape may include Covered Code in products other than the
Netscape's Branded Code which are released by Netscape during the two
(2) years following the release date of the Original Code, without such
additional products becoming subject to the terms of this License, and may
license such additional products on different terms from those contained
in this License.
V.3. Alternative Licensing.
Netscape may license the Source Code of Netscape's Branded Code,
including Modifications incorporated therein, without such Netscape Branded
Code becoming subject to the terms of this License, and may license such
Netscape Branded Code on different terms from those contained in this License.
VI. Litigation.
Notwithstanding the limitations of Section 11 above, the provisions
regarding litigation in Section 11(a), (b) and (c) of the License shall
apply to all disputes relating to this License.
EXHIBIT A-Netscape Public License.
''The contents of this file are subject to the Netscape Public License
Version 1.1 (the "License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at http://www.mozilla.org/NPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
License for the specific language governing rights and limitations under
the License.
The Original Code is Mozilla Communicator client code, released March 31, 1998.
The Initial Developer of the Original Code is Netscape Communications
Corporation. Portions created by Netscape are Copyright (C) 1998-1999 Netscape
Communications Corporation. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of
the _____ license (the "[___] License"), in which case the provisions of
[______] License are applicable instead of those above. If you wish to
allow use of your version of this file only under the terms of the [____]
License and not to allow others to use your version of this file under the
NPL, indicate your decision by deleting the provisions above and replace
them with the notice and other provisions required by the [___] License.
If you do not delete the provisions above, a recipient may use your version
of this file under either the NPL or the [___] License."
MOZILLA PUBLIC LICENSE
Version 1.1
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes
to the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic transfer of data.
1.5. ''Executable'' means Covered Code in any form other than Source Code.
1.6. ''Initial Developer'' means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. ''Modifications'' means any addition to or deletion from the substance
or structure of either the Original Code or any previous Modifications. When
Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. ''Original Code'' means Source Code of computer software code which
is described in the Source Code notice required by Exhibit A as Original Code,
and which, at the time of its release under this License is not already Covered
Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.11. ''Source Code'' means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and installation
of an Executable, or source code differential comparisons against either the
Original Code or another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no
charge.
1.12. "You'' (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License or a future
version of this License issued under Section 6.1. For legal entities, "You''
includes any entity which controls, is controlled by, or is under common control
with You. For purposes of this definition, "control'' means (a) the power, direct
or indirect, to cause the direction or management of such entity, whether by contract
or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding
shares or beneficial ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer to use, reproduce, modify, display, perform,
sublicense and distribute the Original Code (or portions thereof) with or without
Modifications, and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling of
Original Code, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective
on the date Initial Developer first distributes Original Code under the terms of
this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Code; 2) separate from the Original
Code; or 3) for infringements caused by: i) the modification of the Original Code
or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor, to use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such Contributor (or portions thereof)
either on an unmodified basis, with other Modifications, as Covered Code and/or
as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: 1) Modifications made
by that Contributor (or portions thereof); and 2) the combination of Modifications
made by that Contributor with its Contributor Version (or
portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
1) for any code that Contributor has deleted from the Contributor Version;
2) separate from the Contributor Version; 3) for infringements caused by:
i) third party modifications of Contributor Version or ii) the combination
of Modifications made by that Contributor with other software (except as part
of the Contributor Version) or other devices; or 4) under Patent Claims
infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute are governed
by the terms of this License, including without limitation Section 2.2. The
Source Code version of Covered Code may be distributed only under the terms of
this License or a future version of this License released under Section 6.1,
and You must include a copy of this License with every copy of the Source Code
You distribute. You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the recipients'
rights hereunder. However, You may include an additional document offering the
additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the same
media as an Executable version or via an accepted Electronic Distribution Mechanism
to anyone to whom you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for at least twelve
(12) months after the date it initially became available, or at least six (6)
months after a subsequent version of that particular Modification has been made
available to such recipients. You are responsible for ensuring that the Source
Code version remains available even if the Electronic Distribution Mechanism is
maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a file
documenting the changes You made to create that Covered Code and the date of
any change. You must include a prominent statement that the Modification is
derived, directly or indirectly, from Original Code provided by the Initial
Developer and including the name of the Initial Developer in (a) the Source Code,
and (b) in any notice in an Executable version or related documentation in which
You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights granted by
such Contributor under Sections 2.1 or 2.2, Contributor must include a text
file with the Source Code distribution titled "LEGAL'' which describes the
claim and the party making the claim in sufficient detail that a recipient
will know whom to contact. If Contributor obtains such knowledge after the
Modification is made available as described in Section 3.2, Contributor
shall promptly modify the LEGAL file in all copies contributor makes available
thereafter and shall take other steps (such as notifying appropriate mailing
lists or newsgroups) reasonably calculated to inform those who received the
Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which are reasonably
necessary to implement that API, Contributor must also include this information
in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section 3.4(a)
above, Contributor believes that Contributor's Modifications are Contributor's original
creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by
this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the Source Code. If it
is not possible to put such notice in a particular Source Code file due to its structure,
then You must include such notice in a location (such as a relevant directory) where a
user would be likely to look for such a notice. If You created one or more Modification(s)
You may add your name as a Contributor to the notice described in Exhibit A. You must
also duplicate this License in any documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. You may choose to
offer, and to charge a fee for, warranty, support, indemnity or liability obligations
to one or more recipients of Covered Code. However, You may do so only on Your own
behalf, and not on behalf of the Initial Developer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such Contributor as
a result of warranty, support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the requirements of
Section 3.1-3.5 have been met for that Covered Code, and if You include a notice
stating that the Source Code version of the Covered Code is available under the terms
of this License, including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously included in any notice in
an Executable version, related documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the Executable
version of Covered Code or ownership rights under a license of Your choice, which may
contain terms different from this License, provided that You are in compliance with the
terms of this License and that the license for the Executable version does not attempt
to limit or alter the recipient's rights in the Source Code version from the rights set
forth in this License. If You distribute the Executable version under a different
license You must make it absolutely clear that any terms which differ from this License
are offered by You alone, not by the Initial Developer or any Contributor. You hereby
agree to indemnify the Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result of any such terms
You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other code not governed
by the terms of this License and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License are fulfilled for the
Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this License with
respect to some or all of the Covered Code due to statute, judicial order, or regulation
then You must: (a) comply with the terms of this License to the maximum extent possible;
and (b) describe the limitations and the code they affect. Such description must be
included in the LEGAL file described in Section 3.4 and must be included with all
distributions of the Source Code. Except to the extent prohibited by statute or
regulation, such description must be sufficiently detailed for a recipient of ordinary
skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached the notice
in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (''Netscape'') may publish revised and/or new
versions of the License from time to time. Each version will be given a distinguishing
version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You
may always continue to use it under the terms of that version. You may also choose to
use such Covered Code under the terms of any subsequent version of the License published
by Netscape. No one other than Netscape has the right to modify the terms applicable to
Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in
order to apply it to code which is not already Covered Code governed by this License),
You must (a) rename Your license so that the phrases ''Mozilla'', ''MOZILLAPL'',
''MOZPL'', ''Netscape'', "MPL", ''NPL'' or any confusingly similar phrase do not appear
in your license (except to note that your license differs from this License) and (b)
otherwise make it clear that Your version of the license contains terms which differ
from the Mozilla Public License and Netscape Public License. (Filling in the name of
the Initial Developer, Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE
OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if
You fail to comply with terms herein and fail to cure such breach within 30 days of
becoming aware of the breach. All sublicenses to the Covered Code which are properly
granted shall survive any termination of this License. Provisions which, by their
nature, must remain in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding
declatory judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You file such action is referred to as
"Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any
patent, then any and all rights granted by such Participant to You under Sections 2.1
and/or 2.2 of this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable reasonable royalty
for Your past and future use of Modifications made by such Participant, or
(ii) withdraw Your litigation claim with respect to the Contributor Version
against such Participant. If within 60 days of notice, a reasonable royalty and
payment arrangement are not mutually agreed upon in writing by the parties or the
litigation claim is not withdrawn, the rights granted by Participant to You under
Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice
period specified above.
(b) any software, hardware, or device, other than such Participant's Contributor
Version, directly or indirectly infringes any patent, then any rights granted to You
by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
date You first made, used, sold, distributed, or had made, Modifications made by that
Participant.
8.3. If You assert a patent infringement claim against Participant alleging that
such Participant's Contributor Version directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to the initiation
of patent infringement litigation, then the reasonable value of the licenses Granted by
such Participant under Sections 2.1 or 2.2 shall be taken into account in determining
the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user
license agreements (excluding distributors and resellers) which have been validly
granted by You or any distributor hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48 C.F.R. 2.101
(Oct. 1995), consisting of ''commercial computer software'' and ''commercial computer
software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be
governed by California law provisions (except to the extent applicable law, if any,
provides otherwise), excluding its conflict-of-law provisions. With respect to disputes
in which at least one party is a citizen of, or an entity chartered or registered to do
business in the United States of America, any litigation relating to this License shall
be subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, with the losing party
responsible for costs, including without limitation, court costs and reasonable
attorneys' fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall be construed against
the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible for
claims and damages arising, directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Developer permits you to utilize portions of
the Covered Code under Your choice of the NPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License Version 1.1
(the "License"); you may not use this file except in compliance with the License. You
may obtain a copy of the License at http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
WARRANTY OF ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________. Portions
created by ______________________ are Copyright (C) ______ _______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____
license (the "[___] License"), in which case the provisions of [______] License are
applicable instead of those above. If you wish to allow use of your version of this
file only under the terms of the [____] License and not to allow others to use your
version of this file under the MPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required by the [___]
License. If you do not delete the provisions above, a recipient may use your version
of this file under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices
in the Source Code files of the Original Code. You should use the text of this Exhibit
A rather than the text found in the Original Code Source Code for Your Modifications.]
===========================================
BEAN SCRIPTING FRAMEWORK: The Program is accompanied by Bean Scripting Framework
software, which is provided to you in object code form under the terms and conditions
of the Program license, which terms are offered by IBM alone. This source code version
of this software is available for download at <http://oss.software.ibm.com/developerworks/opensource/>
under the terms and conditions of the following license (which contains substantially
different terms from those of the Program):
IBM Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM PUBLIC LICENSE
("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES
RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of International Business Machines Corporation ("IBM"), the
Original Program, and
b) in the case of each Contributor,
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from a
Contributor if it was added to the Program by such Contributor itself or anyone acting
on such Contributor's behalf. Contributions do not include additions to the Program
which:
(i) are separate modules of software distributed in conjunction with the Program
under their own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means IBM and any other entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when combined
with the Program.
"Original Program" means the original version of the software accompanying this
Agreement as released by IBM, including source code, object code and documentation, if any.
"Program" means the Original Program and Contributions.
"Recipient" means anyone who receives the Program under this Agreement, including all
Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce,
prepare derivative works of, publicly display, publicly perform, distribute and
sublicense the Contribution of such Contributor, if any, and such derivative works,
in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
Patents to make, use, sell, offer to sell, import and otherwise transfer the
Contribution of such Contributor, if any, in source code and object code form. This
patent license shall apply to the combination of the Contribution and the Program if,
at the time the Contribution is added by the Contributor, such addition of the
Contribution causes such combination to be covered by the Licensed Patents. The patent
license shall not apply to any other combinations which include the Contribution. No
hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to
its Contributions set forth herein, no assurances are provided by any Contributor that
the Program does not infringe the patent or other intellectual property rights of any
other entity. Each Contributor disclaims any liability to Recipient for claims brought
by any other entity based on infringement of intellectual property rights or otherwise.
As a condition to exercising the rights and licenses granted hereunder, each Recipient
hereby assumes sole responsibility to secure any other intellectual property rights
needed, if any. For example, if a third party patent license is required to allow
Recipient to distribute the Program, it is Recipient's responsibility to acquire that
license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright
rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own
license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title and
non-infringement, and implied warranties or conditions of merchantability and fitness
for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for damages,
including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered by
that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor,
and informs licensees how to obtain it in a reasonable manner on or through a medium
customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Each Contributor must include the following in a conspicuous location in the Program:
Copyright (c) {date here}, International Business Machines Corporation and others.
All Rights Reserved.
In addition, each Contributor must identify itself as the originator of its
Contribution, if any, in a manner that reasonably allows subsequent Recipients to
identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect
to end users, business partners and the like. While this license is intended to
facilitate the commercial use of the Program, the Contributor who includes the Program
in a commercial product offering should do so in a manner which does not create
potential liability for other Contributors. Therefore, if a Contributor includes the
Program in a commercial product offering, such Contributor ("Commercial Contributor")
hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor")
against any losses, damages and costs (collectively "Losses") arising from claims,
lawsuits and other legal actions brought by a third party against the Indemnified
Contributor to the extent caused by the acts or omissions of such Commercial Contributor
in connection with its distribution of the Program in a commercial product offering.
The obligations in this section do not apply to any claims or Losses relating to any
actual or alleged intellectual property infringement. In order to qualify, an
Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing
of such claim, and b) allow the Commercial Contributor to control, and cooperate with
the Commercial Contributor in, the defense and any related settlement negotiations. The
Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering,
Product X. That Contributor is then a Commercial Contributor. If that Commercial
Contributor then makes performance claims, or offers warranties related to Product X,
those performance claims and warranties are such Commercial Contributor's
responsibility alone. Under this section, the Commercial Contributor would have to
defend claims against the other Contributors related to those performance claims and
warranties, and if a court requires any other Contributor to pay any damages as a
result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING,
WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely
responsible for determining the appropriateness of using and distributing the Program
and assumes all risks associated with its exercise of rights under this Agreement,
including but not limited to the risks and costs of program errors, compliance with
applicable laws, damage to or loss of data, programs or equipment, and unavailability
or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS
SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE
PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law,
it shall not affect the validity or enforceability of the remainder of the terms of
this Agreement, and without further action by the parties hereto, such provision shall
be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a
patent applicable to software (including a cross-claim or counterclaim in a lawsuit),
then any patent licenses granted by that Contributor to such Recipient under this
Agreement shall terminate as of the date such litigation is filed. In addition, If
Recipient institutes patent litigation against any entity (including a cross-claim or
counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of
the Program with other software or hardware) infringes such Recipient's patent(s), then
such Recipient's rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to comply with
any of the material terms or conditions of this Agreement and does not cure such failure
in a reasonable period of time after becoming aware of such noncompliance. If all
Recipient's rights under this Agreement terminate, Recipient agrees to cease use and
distribution of the Program as soon as reasonably practicable. However, Recipient's
obligations under this Agreement and any licenses granted by Recipient relating to the
Program shall continue and survive.
IBM may publish new versions (including revisions) of this Agreement from time to time.
Each new version of the Agreement will be given a distinguishing version number. The
Program (including Contributions) may always be distributed subject to the version of
the Agreement under which it was received. In addition, after a new version of the
Agreement is published, Contributor may elect to distribute the Program (including its
Contributions) under the new version. No one other than IBM has the right to modify
this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any Contributor under
this Agreement, whether expressly, by implication, estoppel or otherwise. All rights
in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual
property laws of the United States of America. No party to this Agreement will bring a
legal action under this Agreement more than one year after the cause of action arose.
Each party waives its rights to a jury trial in any resulting litigation.
===========================================
MERANT COMPONENTS: Portions of certain components of the Program are copyrighted by
MERANT, 1991-1999.
===========================================
HP-UX Developer's Kit for Java: The Program includes a copy of the HP-UX Developer's
Kit for Java for your convenience. This component is subject to the terms and
conditions of the following license agreement from Hewlett-Packard Co. included with
the HP-UX Developer's Kit for Java.
-----------------
HP-UX SDK, for the Java(tm) 2 Platform
ATTENTION: USE OF THE SOFTWARE IS SUBJECT TO THE HP SOFTWARE LICENSE TERMS AND
SUPPLEMENTAL RESTRICTIONS SET FORTH BELOW AND THE WARRANTY DISCLAIMER ATTACHED.
IF YOU DO NOT ACCEPT THESE TERMS FULLY, YOU MAY NOT INSTALL OR OTHERWISE USE THE
SOFTWARE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, INSTALLING OR
OTHERWISE USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE LICENSE TERMS.
HP SOFTWARE LICENSE TERMS
The following terms govern your use of the Software unless you have a separate written
agreement with HP.
License Grant
HP grants you a license to Use one copy of the Software. "Use" means storing, loading,
installing, executing or displaying the Software. You may not modify the Software or
disable any licensing or control features of the Software. If the Software is licensed
for "concurrent use", you may not allow more than the maximum number of authorized
users to Use the Software concurrently.
Ownership
The Software is owned and copyrighted by HP or its third party suppliers. Your license
confers no title or ownership in the Software and is not a sale of any rights in the
Software. HP's third party suppliers may protect their rights in the event of any
violation of these License Terms.
Copies and Adaptations
You may only make copies or adaptations of the Software for archival purposes or when
copying or adaptation is an essential step in the authorized Use of the Software. You
must reproduce all copyright notices in the original Software on all copies or
adaptations. You may not copy the Software onto any bulletin board or similar system.
No Disassembly or Decryption
You may not disassemble or decompile the Software unless HP's prior written consent is
obtained. In some jurisdictions, HP's consent may not be required for disassembly or
decompilation. Upon request, you will provide HP with reasonably detailed information
regarding any disassembly or decompilation. You may not decrypt the Software unless
decryption is a necessary part of the operation of the Software.
Transfer
Your license will automatically terminate upon any transfer of the Software. Upon
transfer, you must deliver the Software, including any copies and related
documentation, to the transferee. The transferee must accept these License Terms as
a condition to the transfer.
Termination
HP may terminate your license upon notice for failure to comply with any of these
License Terms. Upon termination, you must immediately destroy the Software, together
with all copies, adaptations and merged portions in any form.
Export Requirements
You may not export or re-export the Software or any copy or adaptation in violation of
any applicable laws or regulations.
U.S. Government Restricted Rights
The Software and any accompanying documentation have been developed entirely at private
expense. They are delivered and licensed as "commercial computer software" as defined
in DFARS 252.227-7013 (Oct 1988), DFARS 252.211-7015 (May 1991) or DFARS 252.227-7014
(Jun 1995), as a "commercial item" as defined in FAR2.101(a), or as "Restricted
computer software" as defined in FAR 52.227-19 (Jun 1987)(or any equivalent agency
regulation or contract clause), whichever is applicable. You have only those rights
provided for such Software and any accompanying documentation by the applicable FAR
or DFARS clause or the HP standard software agreement for the product involved.
SUPPLEMENTAL RESTRICTIONS
You acknowledge the Software is not designed or intended for use in on-line control
of aircraft, air traffic, aircraft navigation, or aircraft communications; or in the
design, construction, operation or maintenance of any nuclear facility. HP disclaims
any express or implied warranty of fitness for such uses.
HP WARRANTY STATEMENT
DURATION OF LIMITED WARRANTY: 90 DAYS
HP warrants to you, the end customer, that HP hardware, accessories, and supplies will
be free from defects in materials and workmanship after the date of purchase for the
period specified above. If HP receives notice of such defects during the warranty
period, HP will, at its option, either repair or replace products which prove to be
defective. Replacement products may be either new or equivalent in performance to new.
HP warrants to you that HP Software will not fail to execute its programming
instructions after the date of purchase, for the period specified above, due to
defects in materials and workmanship when properly installed and used. If HP receives
notice of such defects during the warranty period, HP will replace Software which does
not execute its programming instructions due to such defects.
HP does not warrant that the operation of HP products will be uninterrupted or error
free. If HP is unable, within a reasonable time, to repair or replace any product to
a condition warranted, you will be entitled to a refund of the purchase price upon
prompt return of the product. Alternatively, in the case of HP Software, you will be
entitled to a refund of the purchase price upon prompt delivery to HP of written notice
from you confirming destruction of the HP Software, together with all copies,
adaptations, and merged portions in any form.
HP products may contain remanufactured parts equivalent to new in performance or may
have been subject to incidental use.
Warranty does not apply to defects resulting from: (a) improper or inadequate
maintenance or calibration; (b) software, interfacing, parts or supplies not supplied
by HP, (c) unauthorized modification or misuse; (d) operation outside of the published
environmental specifications for the product, or (e) improper site preparation or
maintenance.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER
WARRANTY OR CONDITION, WHETHER WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED AND HP
SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. Some countries, states,
or provinces do not allow limitations on the duration of an implied warranty, so the
above limitation or exclusion may not apply to you. This warranty gives you specific
legal rights and you might also have other rights that vary from country to country,
state to state, or province to province.
TO THE EXTENT ALLOWED BY LOCAL LAW, THE REMEDIES IN THIS WARRANTY STATEMENT ARE YOUR
SOLE AND EXCLUSIVE REMEDIES. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL HP OR ITS
SUPPLIERS BE LIABLE FOR LOSS OF DATA OR FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
(INCLUDING LOST PROFIT OR DATA), OR OTHER DAMAGE, WHETHER BASED IN CONTRACT, TORT,
OR OTHERWISE. Some countries, states, or provinces do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation may not
apply to you.
----------------------
HP-UX SDK, for the Java(tm) 2 Platform
(c)Copyright 1999 Hewlett-Packard Co., All Rights Reserved.
RESTRICTED RIGHTS LEGEND
Use, duplication, or disclosure by the U.S. Government is subject to restrictions as
set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer
Software clause in DFARS 252.227-7013.
Rights for non-DOD U.S. Government Departments and Agencies are as set forth in FAR
52.227-19(c)(1,2).
Hewlett-Packard Company
3000 Hanover Street
Palo Alto, CA 94304 U.S.A.
Portions of this software and documentation are the confidential and proprietary
information of Sun Microsystems, Inc. ("Confidential Information"). You shall not
disclose such Confidential Information and shall use it only in accordance with the
terms of the license agreement you entered into with Hewlett-Packard.
NEITHER SUN NOR HP MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF
THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRIGEMENT.
NEITHER SUN NOR HP SHALL BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT
OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES.
Portions Developed by Sun Microsystems, Inc.
2550 Garcia Avenue
Mountain View, California 94043
Copyright (c) 1994, 1995, 1996, 1997 Sun Microsystems, Inc.
The HP-UX SDK, for the Java(tm) 2 Platform is Java compatible.
Java and all Java-based trademarks and logos are trademarks or registered trademarks
of Sun Microsystems, Inc. in the U.S. and other countries.
UNIX is a registered trademark in the United States and other countries, licensed
exclusively through X/Open Company Limited.
===========================================
APACHE JAKARTA STRUTS CODE. The Program includes software developed by The Apache
Software Foundation (http://www.apache.org). The portions of the Program which are
based on software developed by The Apache Software Foundation are Copyright (c) 1999
The Apache Software Foundation. All rights reserved. IBM obtained the Apache Jakarta
Struts software under the terms and conditions of the following license from The Apache
Software Foundation:
/*
* The Apache Software License, Version 1.1
*
* Copyright (c) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in the documentation
* and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if
* any, must include the following acknowlegement:
* "This product includes software developed by the Apache Software
* Foundation (http://www.apache.org/)."
* Alternately, this acknowlegement may appear in the software itself,
* if and wherever such third-party acknowlegements normally appear.
*
* 4. The names "The Jakarta Project", "Tomcat", and "Apache Software
* Foundation" must not be used to endorse or promote products derived
* from this software without prior written permission. For written
* permission, please contact apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache"
* nor may "Apache" appear in their names without prior written permission
* of the Apache Group.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
* MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
* IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS
* BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
* OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
* OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
* BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
* WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
* OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
* IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
* ========================================================
*
* This software consists of voluntary contributions made by many
* individuals on behalf of the Apache Software Foundation. For more
* information on the Apache Software Foundation, please see <http://www.apache.org/>.
*
*/