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 YOUR ACCEPTANCE OF THESE TERMS (ELECTRONICALLY OR OTHERWISE), YOU AGREE TO 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/)

            (javassh@france-mail.com)

 

 

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