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
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/>.
*
*/