EVALUATION LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT
CAREFULLY BEFORE USING THE PROGRAM. IBM WILL ONLY LICENSE THE PROGRAM TO YOU IF
YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW YOU ACQUIRE THE
PROGRAM (ELECTRONICALLY, PRE LOADED, ON MEDIA OR OTHERWISE), BY USING IT,
INCLUDING WITHOUT LIMITATION STORING THE PROGRAM ON A MACHINE, OR INDICATING
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THESE TERMS:
This is an evaluation license (the
"Agreement") between you and International Business Machines
Corporation ("IBM") for the "Program", which is a
pre-release version of IBM's Eclipse
project (Workbench, Universal Tool Platform, or Workbench technology) (or as subsequently renamed) software and
associated documentation.
IBM grants you a non-exclusive,
nontransferable license to use the Program solely for the purposes of internal
testing, evaluation and development of applications which use the Program, and
for the external demonstration of such applications provided you retain control
of all copies of the Program. The
Program must not be used in your normal business production environment. You
may not distribute, sublicense or otherwise transfer the Program, create derivative
works, decompile, disassemble or otherwise attempt to translate or seek to gain
access to the source code to the extent that code for the Program is provided
in object code only. You also undertake
that you will not export the Program, by any means, out of the country in which
it is provided to you for use without IBM's prior written permission. Except as may otherwise be provided in this
Agreement, you may make a reasonable number of copies of the Program in order
to enable you to accomplish the objectives of this evaluation. All copies that you make must bear the same
legends and notices that appear on the original Program.
As the Program is still being
tested and is not yet generally available, YOU UNDERSTAND THAT THE PROGRAM AND
ANY LIMITED TECHNICAL SUPPORT ARE BEING PROVIDED TO YOU "AS IS"
WITHOUT ANY WARRANTIES (EXPRESS OR IMPLIED) WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY,
NONINFRINGEMENT, PERFORMANCE OR FITNESS FOR ANY PARTICULAR PURPOSE. Furthermore, IBM, its supplier, agents and
employees accept no liability for damages you may suffer as a result of the
technical support provided or not provided, or your use of the Program,
including any damages claimed by you, based on any third party claims. In no
event will IBM, its suppliers, agents and employees be liable for any direct,
indirect, special, punitive, exemplary or consequential damages (including
without limitation lost profits or lost savings), even if IBM has been advised
of their possibility.
Although IBM may try to answer
technical support questions you may have regarding your use of the Program, any
such assistance does not obligate IBM to provide support or maintenance
services for the Program.
IBM does not warrant or guarantee
that the operability of any of your applications running with the Program will
be maintained with any subsequent or generally available versions of the
Program or that any version of the Program will ever be made available or
marketed.
You agree that IBM may use all
feedback, suggestions, inventions, improvements and written materials you
furnish to IBM in connection with this Agreement for any purpose. IBM may include such material and or
information in any IBM product, and with respect to any such written materials,
may claim copyright thereon as part of IBM's overall rights in any IBM product,
without accounting to you.
As your testing and performance
evaluation of this Program is important to IBM, the license granted to you
under this Agreement is granted without charge. IBM would appreciate your feedback and invites you to provide
feedback with respect to the Program on one of the public forums maintained by
IBM for this purpose. This Agreement is effective upon your acceptance
(electronic or otherwise) of this license or upon your first use of the
Program, whichever occurs earlier. Your
license under this Agreement will end on the earlier of: a) five business days after the date when
IBM makes the source code for the Program generally available, b) termination
of the license in accordance with this Agreement, or c) 12/31/2001.
IBM may terminate your license for
convenience by giving you ten (10) days prior written notice. In the event of your breach of any terms,
IBM may terminate the license immediately.
You must destroy the version of the Program and all copies within ten
(10) days of the expiration or termination of your license.
The Program contains or is
accompanied by certain third party components which are provided to you under
terms and conditions which are different from this Agreement, or which require
IBM to provide you with certain notices and/or information. For each such third party component, IBM has
identified such third party component below under the header "THIRD PARTY
CODE, THIRD PARTY LICENSES, ACKNOWLEDGMENTS" and has included any
associated license agreement, notices and other related information below. Your
use of each third party component for which IBM has identified a license
agreement below will be subject to the terms and conditions of such other
license agreement, and not this Agreement.
This Agreement shall be governed
by and interpreted in accordance with the laws of the State of New York without
regard to is priciples regarding conflicts of law.
All terms and conditions, which by
their nature should survive the termination or expiration of this Agreement,
shall survive. If any provision, in
whole or in part, of this Agreement is declared unenforceable at law, the rest
of the provision and the Agreement remains in effect.
This Agreement is the only
understanding and agreement we have with respect to the Program. It supersedes
all other communications, understandings or agreements (oral or written) that
we may have had with respect to this Program prior to this Agreement. Only a written agreement signed by both of
us can modify this Agreement.
Both parties agree that this
Agreement and any written modification of this Agreement by the parties may be
validly executed by means of transmission of signed facsimile.
Notice to U.S. Government
Users. If the U.S. Government is
authorized to license the Program in accordance with this Agreement, then this
Agreement applies. Otherwise, the Program
is subject to U.S. Government Users Restricted Rights - Use, duplication or
disclosure is restricted by the terms of the GSA ADP Schedule Contract with IBM
Corporation.
THIRD PARTY CODE, THIRD PARTY
LICENSES, ACKNOWLEDGMENTS
Third party code is included with
the Program. In the case of OpenMotif for Linux, the code is included for your
convenience, but is not considered part of the Program. This code is
identified, and is subject to a separate non-IBM license, a link to which is
provided below.
Xerces 1.2.1
The Program is accompanied by
software developed by The Apache Software Foundation as part of the Apache XML
project. The Xerces code included with
the Program in plugins/org.apache.xerces/xerces.jar includes no modifications. Your use of Xerces in binary code form
accompanying the Program is subject to the terms and conditions of the Apache
Software License 1.1 from http://xml.apache.org/LICENSE.
More specifically:
* 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.
ANT 1.3
The Program is accompanied by
software developed by The Apache Software Foundation as part of the Jakarta
project. The ANT code included with the
Program in plugins/org.apache.xerces/ant.jar includes no modifications. Your use of ANT in binary code form
accompanying the Program is subject to the terms and conditions of the Apache
Software License 1.1 from http://jakarta.apache.org/ant/manual/.
More specifically:
* 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 "ANT" 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.
Rhino 1.5.1
The Program is accompanied by software
developed by Mozilla as part of the Rhino project. The Rhino code included with the Program in
plugins/org.eclipse.scripting/js.jar includes no modifications. Your use of Rhino in binary code form
accompanying the Program is subject to the terms and conditions of the Netscape
Public License 1.1 from http://www.mozilla.org/MPL/NPL-1.1.html.
The Rhino binary code included in the Program includes no
modifications. Source code for the
Rhino binaries is available at http://www.mozilla.org/rhino/ under terms of the Netscape
Public License 1.1.
JDI Interfaces
The JDI Interface code is included
in plugins/org.eclipse.jdt.debug/jdi.jar.
Your use of the JDI Interfaces in binary code form accompanying the
Program is subject to the following terms and conditions:
1. You can only use the JDI
Interfaces with the Program.
2. You can not separate them,
modify them, or use them for any purpose other than in conjunction with the
Program.
OpenMotif for Linux
The Program is accompanied by
software developed by Metro Link as part of the The Open Motif project. The OpenMotif code includes the following
files in the Program base installation directory of the Linux version.
libXm.so (symbolic link to libXm.so.2.1)
libXm.so.2 (symbolic link to libXm.so.2.1)
libXm.so.2.1 (the real file)
THE OPENMOTIF CODE IS NOT
CONSIDERED PART OF THE PROGRAM, AND YOU MUST AGREE TO THE TERMS OF THE METRO
LINK PUBLIC LICENSE. IBM is not a "Contributor" under the Metro Link
Public License. This software is
forwarded with the Program for your convenience. The Metro Link Public License 1.00 license can be found at http://www.opengroup.org/openmotif/supporters/metrolink/license.html.
Source code for OpenMotif for Linux is available at http://www.opengroup.org/openmotif/supporters/metrolink/.
Junit 3.6
The Program is accompanied by
software developed by Junit.org. Your
use of Junit 3.6 in both source and binary code form accompanying the Program is
subject to the terms and conditions of the IBM Public License 1.0 from http://oss.software.ibm.com/developerworks/opensource/license10.html.
i) IBM 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) IBM effectively excludes on
behalf of all Contributors all liability for damages, including direct,
indirect, special, incidental and consequential damages, such as lost profits;
iii) IBM states that any
provisions which differ from this Agreement are offered by that Contributor
alone and not by any other party;
The Java Ssh Applet
The Program is accompanied by
software developed by Cedric Gourio.
The source code is located in
org.eclipse.vcm.core.cvs.ssh/vcmcvssshsrc.zip.
The binary code is located in org.eclipse.vcm.core.cvs.ssh/vcmcvsssh.jar.
The Java Ssh Applet is:
Copyright © 1998 Cedric
Gourio
(http://www.cl.cam.ac.uk/~fapp2/software/java-ssh/)
The Blowfish Encryption Algorithm
The Program is accompanied by
software and an algorithm developed by Bruce Schneier. The algorithm was originally published in
the following paper http://www.counterpane.com/bfsverlag.html.
Your use of the Blowfish encryption Algorithm in both source and binary
code form accompanying the Program is not subject to any additional terms and
conditions. The blowfish source,
Blowfish.java, is located at
org.eclipse.vcm.core.cvs.ssh/vcmcvssshsrc.zip.
The blowfish binary, Blowfish.class is location at
org.eclipse.vcm.core.cvs.ssh/vcmcvsssh.jar