Alpana is running with third part add-ons that are under open source licenses.
This is a list of all license text required to appear in Alpana :
This software is provided ‘as-is’, without any express or implied warranty. In no event will
the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial
applications, and to alter it and redistribute it freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not claim that you wrote the
original software. If you use this software in a product, an acknowledgment (see the following)
in the product documentation is required.
Portions Copyright © 2002-2007 Charlie Poole or Copyright © 2002-2004 James W. Newkirk,
Michael C. Two, Alexei A. Vorontsov or Copyright © 2000-2002 Philip A. Craig
2. Altered source versions must be plainly marked as such, and must not be misrepresented as
being the original software.
3. This notice may not be removed or altered from any source distribution.
This Zimbra Public License (this “Agreement”) is a legal agreement that describes the terms under which Syancor, Inc., a Delaware corporation (“Zimbra”) will provide software to you via download or otherwise (“Software”). By using the Software, you, an individual or an entity (“You”) agree to the terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 – Subject to the terms and conditions of this Agreement, Zimbra hereby grants to You, under any and all of its copyright interest in and to the Software, a royalty-free, non-exclusive, non-transferable license to copy, modify, compile, execute, and distribute the Software and Modifications. For the purposes of this Agreement, any change to, addition to, or abridgement of the Software made by You is a “Modification;” however, any file You add to the Software that does not contain any part of the Software is not a “Modification.”
1.2 – If You are an individual acting on behalf of a corporation or other entity, Your use of the Software or any Modification is subject to Your having the authority to bind such corporation or entity to this Agreement. Providing copies to persons within such corporation or entity is not considered distribution for purposes of this Agreement.
1.3 – For the Software or any Modification You distribute in source code format, You must do so only under the terms of this Agreement, and You must include a complete copy of this Agreement with Your distribution. With respect to any Modification You distribute in source code format, the terms of this Agreement will apply to You in the same way those terms apply to Zimbra with respect to the Software. In other words, when You are distributing Modifications under this Agreement, You “stand in the shoes” of Zimbra in terms of the rights You grant and how the terms and conditions apply to You and the licensees of Your Modifications. Notwithstanding the foregoing, when You “stand in the shoes” of Zimbra, You are not subject to the jurisdiction provision under Section 7, which requires all disputes under this Agreement to be subject to the jurisdiction of federal or state courts of Northern Texas.
1.4 – For the Software or any Modification You distribute in compiled or object code format, You must also provide recipients with access to the Software or Modification in source code format along with a complete copy of this Agreement. The distribution of the Software or Modifications in compiled or object code format may be under a license of Your choice, provided that You are in compliance with the terms of this Agreement. In addition, You must make absolutely clear that any license terms applying to such Software or Modification that differ from this Agreement are offered by You alone and not by Zimbra, and that such license does not restrict recipients from exercising rights in the source code to the Software granted by Zimbra under this Agreement or rights in the source code to any Modification granted by You as described in Section 1.3.
1.5 – This Agreement does not limit Your right to distribute files that are entirely Your own work (i.e., which do not incorporate any portion of the Software and are not Modifications) under any terms You choose.
2. Support
Zimbra has no obligation to provide technical support or updates to You. Nothing in this Agreement requires Zimbra to enter into any license with You for any other edition of the Software.
3. Intellectual Property Rights
3.1 – Except for the license expressly granted under copyright in Section 1.1, no rights, licenses or forbearances are granted or may arise in relation to this Agreement whether expressly, by implication, exhaustion, estoppel or otherwise. All rights, including all intellectual property rights, that are not expressly granted under this Agreement are hereby reserved.
3.2 – In any copy of the Software or in any Modification you create, You must retain and reproduce any and all copyright, patent, trademark, and attribution notices that are included in the Software in the same form as they appear in the Software. This includes the preservation of attribution notices in the form of trademarks or logos that exist within a user interface of the Software.
3.3 – This license does not grant You rights to use any party’s name, logo, or trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ZIMBRA MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, ZIMBRA DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, ZIMBRA SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ZIMBRA HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS THERETO, AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL ZIMBRA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, AND COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE, OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF ZIMBRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Term and Termination
6.1 – This Agreement will continue in effect unless and until terminated earlier pursuant to this Section 6.
6.2 – In the event You violate the terms of this Agreement, Zimbra may terminate this Agreement.
6.3 – All licenses granted hereunder shall terminate upon the termination of this Agreement. Termination will be in addition to any rights and remedies available to Zimbra at law or equity or under this Agreement.
6.4 – Termination of this Agreement will not affect the provisions regarding reservation of rights (Section 3.1), provisions disclaiming or limiting Zimbra’s liability (Sections 4 and 5), Termination (Section 6), or Miscellaneous (Section 7), which provisions will survive termination of this Agreement.
7. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to said subject matter. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed as creating an agency, partnership, joint venture, or any other form of legal association between the parties. If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, this Agreement will be construed in a manner that most closely effectuates the intent of this Agreement. Such invalid term, condition or provision will be severed from the remaining terms, conditions, and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. This Agreement will be interpreted and construed in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement involving Zimbra or any of its parents or subsidiaries shall be subject to the jurisdiction of the federal or state courts of Northern Texas, with venue lying in Dallas County, Texas. No rights may be assigned, no obligations may be delegated, and this Agreement may not be transferred by You, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger, or consolidation, without the prior written consent of Zimbra, and any purported assignment, delegation, or transfer without such consent shall be void ab initio. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed or be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action.
Zimbra Public License, Version 1.3 (ZPL)
This Zimbra Public License (this “Agreement”) is a legal agreement that describes the terms under which VMware, Inc., a Delaware corporation having its principal place of business at 3401 Hillview Avenue, Palo Alto, California 94304 (“VMware”) will provide software to you via download or otherwise (“Software”). By using the Software, you, an individual or an entity (“You”) agree to the terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
1. Grant of Copyright License
1.1 – Subject to the terms and conditions of this Agreement, VMware hereby grants to You, under any and all of its copyright interest in and to the Software, a royalty-free, non-exclusive, non-transferable license to copy, modify, compile, execute, and distribute the Software and Modifications. For the purposes of this Agreement, any change to, addition to, or abridgement of the Software made by You is a “Modification;” however, any file You add to the Software that does not contain any part of the Software is not a “Modification.”
1.2 – If You are an individual acting on behalf of a corporation or other entity, Your use of the Software or any Modification is subject to Your having the authority to bind such corporation or entity to this Agreement. Providing copies to persons within such corporation or entity is not considered distribution for purposes of this Agreement.
1.3 – For the Software or any Modification You distribute in source code format, You must do so only under the terms of this Agreement, and You must include a complete copy of this Agreement with Your distribution. With respect to any Modification You distribute in source code format, the terms of this Agreement will apply to You in the same way those terms apply to VMware with respect to the Software. In other words, when You are distributing Modifications under this Agreement, You “stand in the shoes” of VMware in terms of the rights You grant and how the terms and conditions apply to You and the licensees of Your Modifications. Notwithstanding the foregoing, when You “stand in the shoes” of VMware, You are not subject to the jurisdiction provision under Section 7, which requires all disputes under this Agreement to be subject to the jurisdiction of federal or state courts of northern California.
1.4 – For the Software or any Modification You distribute in compiled or object code format, You must also provide recipients with access to the Software or Modification in source code format along with a complete copy of this Agreement. The distribution of the Software or Modifications in compiled or object code format may be under a license of Your choice, provided that You are in compliance with the terms of this Agreement. In addition, You must make absolutely clear that any license terms applying to such Software or Modification that differ from this Agreement are offered by You alone and not by VMware, and that such license does not restrict recipients from exercising rights in the source code to the Software granted by VMware under this Agreement or rights in the source code to any Modification granted by You as described in Section 1.3.
1.5 – This Agreement does not limit Your right to distribute files that are entirely Your own work (i.e., which do not incorporate any portion of the Software and are not Modifications) under any terms You choose.
2. Support
VMware has no obligation to provide technical support or updates to You. Nothing in this Agreement requires VMware to enter into any license with You for any other edition of the Software.
3. Intellectual Property Rights
3.1 – Except for the license expressly granted under copyright in Section 1.1, no rights, licenses or forbearances are granted or may arise in relation to this Agreement whether expressly, by implication, exhaustion, estoppel or otherwise. All rights, including all intellectual property rights, that are not expressly granted under this Agreement are hereby reserved.
3.2 – In any copy of the Software or in any Modification you create, You must retain and reproduce, any and all copyright, patent, trademark, and attribution notices that are included in the Software in the same form as they appear in the Software. This includes the preservation of attribution notices in the form of trademarks or logos that exist within a user interface of the Software.
3.3 – This license does not grant You rights to use any party’s name, logo, or trademarks, except solely as necessary to comply with Section 3.2.
4. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. VMWARE MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, VMWARE DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, VMWARE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF VMWARE HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
5. Limitation of Liability
IN NO EVENT WILL VMWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF VMWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Term and Termination
6.1 – This Agreement will continue in effect unless and until terminated earlier pursuant to this Section 6.
6.2 – In the event You violate the terms of this Agreement, VMware may terminate this Agreement.
6.3 – All licenses granted hereunder shall terminate upon the termination of this Agreement. Termination will be in addition to any rights and remedies available to VMware at law or equity or under this Agreement.
6.4 – Termination of this Agreement will not affect the provisions regarding reservation of rights (Section 3.1), provisions disclaiming or limiting VMware’s liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section 7), which provisions will survive termination of this Agreement.
7. Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed as creating an agency, partnership, joint venture or any other form of legal association between the parties. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, this Agreement will be construed in a manner that most closely effectuates the intent of this Agreement. Such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. This Agreement will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement involving VMware or any of its subsidiaries shall be subject to the jurisdiction of the federal or state courts of northern California, with venue lying in Santa Clara County, California. No rights may be assigned, no obligations may be delegated, and this Agreement may not be transferred by You, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of VMware, and any purported assignment, delegation or transfer without such consent shall be void ab initio. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed or be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action.
Yahoo! Public License, Version 1.1 (YPL)
This Yahoo! Public License (this “Agreement”) is a legal agreement that describes the terms under which Yahoo! Inc., a Delaware corporation having its principal place of business at 701 First Avenue, Sunnyvale, California 94089 (“Yahoo!”) will provide software to you via download or otherwise (“Software”). By using the Software, you, an individual or an entity (“You”) agree to the terms of this Agreement.
In consideration of the mutual promises and upon the terms and conditions set forth below, the parties agree as follows:
Grant of Copyright License
1.1 – Subject to the terms and conditions of this Agreement, Yahoo! hereby grants to You, under any and all of its copyright interest in and to the Software, a royalty-free, non-exclusive, non-transferable license to copy, modify, compile, execute, and distribute the Software and Modifications. For the purposes of this Agreement, any change to, addition to, or abridgement of the Software made by You is a “Modification;” however, any file You add to the Software that does not contain any part of the Software is not a “Modification.”
1.2 – If You are an individual acting on behalf of a corporation or other entity, Your use of the Software or any Modification is subject to Your having the authority to bind such corporation or entity to this Agreement. Providing copies to persons within such corporation or entity is not considered distribution for purposes of this Agreement.
1.3 – For the Software or any Modification You distribute in source code format, You must do so only under the terms of this Agreement, and You must include a complete copy of this Agreement with Your distribution. With respect to any Modification You distribute in source code format, the terms of this Agreement will apply to You in the same way those terms apply to Yahoo! with respect to the Software. In other words, when You are distributing Modifications under this Agreement, You “stand in the shoes” of Yahoo! in terms of the rights You grant and how the terms and conditions apply to You and the licensees of Your Modifications. Notwithstanding the foregoing, when You “stand in the shoes” of Yahoo!, You are not subject to the jurisdiction provision under Section 7, which requires all disputes under this Agreement to be subject to the jurisdiction of federal or state courts of northern California.
1.4 – For the Software or any Modification You distribute in compiled or object code format, You must also provide recipients with access to the Software or Modification in source code format along with a complete copy of this Agreement. The distribution of the Software or Modifications in compiled or object code format may be under a license of Your choice, provided that You are in compliance with the terms of this Agreement. In addition, You must make absolutely clear that any license terms applying to such Software or Modification that differ from this Agreement are offered by You alone and not by Yahoo!, and that such license does not restrict recipients from exercising rights in the source code to the Software granted by Yahoo! under this Agreement or rights in the source code to any Modification granted by You as described in Section 1.3.
1.5 – This Agreement does not limit Your right to distribute files that are entirely Your own work (i.e., which do not incorporate any portion of the Software and are not Modifications) under any terms You choose.
Support
Yahoo! has no obligation to provide technical support or updates to You. Nothing in this Agreement requires Yahoo! to enter into any license with You for any other edition of the Software.
Intellectual Property Rights
3.1 – Except for the license expressly granted under copyright in Section 1.1, no rights, licenses or forbearances are granted or may arise in relation to this Agreement whether expressly, by implication, exhaustion, estoppel or otherwise. All rights, including all intellectual property rights, that are not expressly granted under this Agreement are hereby reserved.
3.2 – In any copy of the Software or in any Modification you create, You must retain and reproduce, any and all copyright, patent, trademark, and attribution notices that are included in the Software in the same form as they appear in the Software. This includes the preservation of attribution notices in the form of trademarks or logos that exist within a user interface of the Software.
3.3 – This license does not grant You rights to use any party’s name, logo, or trademarks, except solely as necessary to comply with Section 3.2.
Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. YAHOO! MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE. SPECIFICALLY, YAHOO! DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL PERFORM IN AN UNINTERRUPTED MANNER. TO THE GREATEST EXTENT ALLOWED BY LAW, YAHOO! SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF YAHOO! HAD BEEN INFORMED OF SUCH PURPOSE), AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE, ANY MODIFICATIONS THERETO AND WITH RESPECT TO THE USE OF THE FOREGOING.
Limitation of Liability
IN NO EVENT WILL YAHOO! BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF OR RELATING TO THE FURNISHING, PERFORMANCE OR USE OF THE SOFTWARE OR ANY OTHER RIGHTS GRANTED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE, AND EVEN IF YAHOO! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Term and Termination
6.1 – This Agreement will continue in effect unless and until terminated earlier pursuant to this Section 6.
6.2 – In the event You violate the terms of this Agreement, Yahoo! may terminate this Agreement.
6.3 – All licenses granted hereunder shall terminate upon the termination of this Agreement. Termination will be in addition to any rights and remedies available to Yahoo! at law or equity or under this Agreement.
6.4 – Termination of this Agreement will not affect the provisions regarding reservation of rights (Section 3.1), provisions disclaiming or limiting Yahoo!‘s liability (Sections 4 and 5), Termination (Section 6) or Miscellaneous (Section 7), which provisions will survive termination of this Agreement.
Miscellaneous
This Agreement contains the entire agreement of the parties with respect to the subject matter of this Agreement and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The relationship of the parties hereunder is that of independent contractors, and this Agreement will not be construed as creating an agency, partnership, joint venture or any other form of legal association between the parties. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, this Agreement will be construed in a manner that most closely effectuates the intent of this Agreement. Such invalid term, condition or provision will be severed from the remaining terms, conditions and provisions, which will continue to be valid and enforceable to the fullest extent permitted by law. This Agreement will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All disputes arising out of this Agreement involving Yahoo! or any of its subsidiaries shall be subject to the jurisdiction of the federal or state courts of northern California, with venue lying in Santa Clara County, California. No rights may be assigned, no obligations may be delegated, and this Agreement may not be transferred by You, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger or consolidation, without the prior written consent of Yahoo!, and any purported assignment, delegation or transfer without such consent shall be void ab initio. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing to be effective. Failure, neglect or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time, will not be construed or be deemed to be a waiver of such party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice such party’s right to take subsequent action.
Copyright © 1994-2006 The XFree86 Project, Inc.
All rights reserved.
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
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, and in the same place and form as other copyright, license and disclaimer information.
3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: “This product includes software developed by The XFree86 Project, Inc (http://www.xfree86.org/) and its contributors”, in the same place and form as other third-party acknowledgments. Alternately, this acknowledgment may appear in the software itself, in the same form and location as other such third-party acknowledgments.
4. Except as contained in this notice, the name of The XFree86 Project, Inc shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from The XFree86 Project, Inc.
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 XFREE86 PROJECT, INC 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.
Copyright © 1996 X Consortium
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the “Software”), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE X CONSORTIUM BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of the X Consortium shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from the X Consortium.
X Window System is a trademark of X Consortium, Inc.
2.2. Berkeley-based copyrights:
2.2.1. General
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS’‘ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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.
2.2.2. UCB/LBL
Copyright © 1993 The Regents of the University of California. All rights reserved.
This software was developed by the Computer Systems Engineering group at Lawrence Berkeley Laboratory under DARPA contract BG 91-66 and contributed to Berkeley.
All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Lawrence Berkeley Laboratory.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
All advertising materials mentioning features or use of this software must display the following acknowledgement: This product includes software developed by the University of California, Berkeley and its contributors.
Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS’‘ AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
2.3. NVidia Corp
Copyright © 1996-1998 NVIDIA, Corp. All rights reserved.
NOTICE TO USER: The source code is copyrighted under U.S. and international laws. NVIDIA, Corp. of Sunnyvale, California owns the copyright and as design patents pending on the design and interface of the NV chips. Users and possessors of this source code are hereby granted a nonexclusive, royalty-free copyright and design patent license to use this code in individual and commercial software.
Any use of this source code must include, in the user documentation and internal comments to the code, notices to the end user as follows:
Copyright © 1996-1998 NVIDIA, Corp. NVIDIA design patents pending in the U.S. and foreign countries.
NVIDIA, CORP. MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THIS SOURCE CODE FOR ANY PURPOSE. IT IS PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. NVIDIA, CORP. DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOURCE CODE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NVIDIA, CORP. BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOURCE CODE.
License
By obtaining 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 copy, modify, and distribute this work, 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 work or portions thereof, including modifications:
The full text of this NOTICE in a location viewable to users of the redistributed or derivative work.
Any pre-existing intellectual property disclaimers, notices, or terms and conditions. If none exist, the W3C Software and Document Short Notice should be included.
Notice of any changes or modifications, through a copyright statement on the new code or document such as “This software or document includes material copied from or derived from [title and URI of the W3C document]. Copyright © [YEAR] W3C® (MIT, ERCIM, Keio, Beihang).”
Disclaimers
THIS WORK 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 DOCUMENT 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 DOCUMENT.
The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the work without specific, written prior permission. Title to copyright in this work will at all times remain with copyright holders.
W3C® SOFTWARE NOTICE AND LICENSE
Copyright © 1994-2002 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:
The full text of this NOTICE in a location viewable to users of the redistributed or derivative work.
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 © [$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/”
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.
This license applies to all software incorporated in the “Vovida Open Communication Application Library” except for those portions incorporating third party software specifically identified as being licensed under separate license.
The Vovida Software License, Version 1.0
Copyright © 2000 Vovida Networks, Inc. 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 names “VOCAL”, “Vovida Open Communication Application Library”, and “Vovida Open Communication Application Library (VOCAL)” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact vocal@vovida.org.
4. Products derived from this software may not be called “VOCAL”, nor may “VOCAL” appear in their name, without prior written permission.
THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT ARE DISCLAIMED. IN NO EVENT SHALL VOVIDA NETWORKS, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF $1,000, NOR FOR ANY 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.
TORQUE v2.5+ Software License v1.1
Copyright © 2010-2011 Adaptive Computing Enterprises, Inc. All rights reserved.
———————————————————————————————————————————————————————
Use this license to use or redistribute the TORQUE software v2.5+ and later versions.
For free support for TORQUE users, questions should be emailed to the community of
TORQUE users at torqueusers@supercluster.org. Users can also subscribe to the user
mailing list at http://www.supercluster.org/mailman/listinfo/torqueusers.
Customers using TORQUE that also are licensed users of Moab branded software from
Adaptive Computing Inc. can get TORQUE support from Adaptive Computing via:
Email: torque-support@adaptivecomputing.com.
Phone: (801) 717-3700
Web: www.adaptivecomputing.com www.clusterresources.com
———————————————————————————————————————————————————————
This license covers use of the TORQUE v2.5 software (the “Software”) at your site or
location, and, for certain users, redistribution of the Software to other sites and locations1.
Later versions of TORQUE are also covered by this license. Use and redistribution of
TORQUE v2.5 in source and binary forms, with or without modification, are permitted
provided that all of the following conditions are met.
1. Any Redistribution of source code must retain the above copyright notice and the
acknowledgment contained in paragraph 5, this list of conditions and the disclaimer
contained in paragraph 5.
2. Any Redistribution in binary form must reproduce the above copyright notice and the
acknowledgment contained in paragraph 4, this list of conditions and the disclaimer
contained in paragraph 5 in the documentation and/or other materials provided with
the distribution.
3. Redistributions in any form must be accompanied by information on how to obtain
complete source code for TORQUE and any modifications and/or additions to
TORQUE. The source code must either be included in the distribution or be available
for no more than the cost of distribution plus a nominal fee, and all modifications and
additions to the Software must be freely redistributable by any party (including
Licensor) without restriction.
4. All advertising materials mentioning features or use of the Software must display the
following acknowledgment:
“TORQUE is a modification of OpenPBS which was developed by NASA Ames
Research Center, Lawrence Livermore National Laboratory, and Veridian
TORQUE Open Source License v1.1.
1
Information Solutions, Inc. Visit www.clusterresources.com/products/ for more
information about TORQUE and to download TORQUE.
For information about Moab branded products and so receive support from Adaptive
Computing for TORQUE, see www.adaptivecomputing.com.”
5.
DISCLAIMER OF WARRANTY
THIS SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY
DISCLAIMED.
IN NO EVENT SHALL ADAPTIVE COMPUTING ENTERPRISES, INC.
CORPORATION, ITS AFFILIATED COMPANIES, OR THE U.S. GOVERNMENT OR
ANY OF ITS AGENCIES BE LIABLE FOR ANY DIRECT OR 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 license will be governed by the laws of Utah, without reference to its choice of law
rules.
Note 1: TORQUE is developed from an earlier version v2.3 of OpenPBS. TORQUE has
been developed beyond OpenPBS v2.3. The OpenPBS v2.3 license and OpenPBS software
can be obtained at:
http://www.pbsworks.com/ResLibSearchResult.aspx?keywords=openpbs&industry=All&pro
duct_service=All&category=Free%20Software%20Downloads&order_by=title. Users of
TORQUE should comply with the TORQUE license as well as the OpenPBS license.
SUN INDUSTRY STANDARDS SOURCE LICENSE
Version 1.2
1.0 DEFINITIONS
1.1 Commercial Use means distribution or otherwise making the Original Code available to a third party.
1.2 Contributor Version means the combination of the Original Code, and the Modifications made by that particular Contributor.
1.3 Electronic Distribution Mechanism means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.4 Executable means Original Code in any form other than Source Code.
1.5 Initial Developer means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.6 Larger Work means a work which combines Original Code or portions thereof with code not governed by the terms of this License.
1.7 License means this document.
1.8 Licensable means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9 Modifications means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. 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.
1.11 Patent Claims means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.12 Source Code means the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable.
1.13 Standards means the standards identified in Exhibit B.
1.14 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.
2.0 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).
© 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, including but not limited to Modifications.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License.
The Source Code version of Original 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. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms a this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. Additionally, in the event that the Modifications you create do not meet the requirements set out in this Section, You agree to comply with the Standards requirements set out in Exhibit B.
3.2 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 Initial Code.
You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer.
3.3 Distribution of Executable Versions. You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer.
3.4 Larger Works. You may create a Larger Work by combining Original 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 Original Code.
4.0 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 Original 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 3.2 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.
5.0 APPLICATION OF THIS LICENSE
This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1.
6.0 VERSIONS OF THE LICENSE
6.1 New Versions. Sun 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 Original 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 Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code.
7.0 DISCLAIMER OF WARRANTY
ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.0 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 Original 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 In the event of termination under Section 8.1 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.
EXHIBIT A – Sun Industry Standards Source License
“The contents of this file are subject to the Sun Industry
Standards Source License Version 1.2 (the License); You
may not use this file except in compliance with the License.”
“You may obtain a copy of the License at
gridengine.sunsource.net/license.html”
“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 Grid Engine.”
“The Initial Developer of the Original Code is:
Sun Microsystems, Inc.”
“Portions created by: Sun Microsystems, Inc. are
Copyright © 2001 Sun Microsystems, Inc.”
“All Rights Reserved.”
“Contributor(s):__________________________________”
EXHIBIT B – Standards
1.0 Requirements for project Standards. The requirements for project Standards are version-dependent and are defined at: Grid Engine standards.
2.0 Additional requirements. The additional requirements pursuant to Section 3.1 are defined as:
2.1 Naming Conventions. If any of your Modifications do not meet the requirements of the Standard, then you must change the product name so that Grid Engine, gridengine, gridengine.sunsource, and similar naming conventions are not used.
2.2 Compliance Claims. If any of your Modifications do not meet the requirements of the Standards you may not claim, directly or indirectly, that your implementation of the Standards is compliant.
Standard License Header
The contents of this file are subject to the Sun Industry
Standards Source License Version 1.2 (the License); You
may not use this file except in compliance with the License.
You may obtain a copy of the License at
gridengine.sunsource.net/license.html
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 Grid Engine.
The Initial Developer of the Original Code is:
Sun Microsystems, Inc.
Portions created by: Sun Microsystems, Inc. are
Copyright © 2001 Sun Microsystems, Inc.
All Rights Reserved.
Sun Industry Standards Source License – Version 1.1
1.0 DEFINITIONS 1.1 “Commercial Use” means distribution or otherwise making the Original Code available to a third party. 1.2 “Contributor Version” means the combination of the Original Code, and the Modifications made by that particular Contributor. 1.3 “Electronic Distribution Mechanism” means a mechanism generally accepted in the software development community for the electronic transfer of data. 1.4 “Executable” means Original Code in any form other than Source Code. 1.5 “Initial Developer” means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A. 1.6 “Larger Work” means a work which combines Original Code or portions thereof with code not governed by the terms of this License. 1.7 “License” means this document. 1.8 “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein. 1.9 “Modifications” means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. 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. 1.11 “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor. 1.12 “Source Code” means the preferred form of the Original Code for making modifications to it, including all modules it contains, plus any associated interface definition files, or scripts used to control compilation and installation of an Executable. 1.13 “Standards” means the standards identified in Exhibit B. 1.14 “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. 2.0 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). © 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, including but not limited to Modifications. 3.0 DISTRIBUTION OBLIGATIONS 3.1 Application of License. The Source Code version of Original 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. Your license for shipment of the Contributor Version is conditioned upon Your full compliance with this Section. The Modifications which You create must comply with all requirements set out by the Standards body in effect one hundred twenty (120) days before You ship the Contributor Version. In the event that the Modifications do not meet such requirements, You agree to publish either (i) any deviation from the Standards protocol resulting from implementation of Your Modifications and a reference implementation of Your Modifications or (ii) Your Modifications in Source Code form, and to make any such deviation and reference implementation or Modifications available to all third parties under the same terms as this license on a royalty free basis within thirty (30) days of Your first customer shipment of Your Modifications. 3.2 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 Initial Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Your version of the Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result of warranty, support, indemnity or liability terms You offer. 3.3 Distribution of Executable Versions. You may distribute Original Code in Executable and Source form only if the requirements of Sections 3.1 and 3.2 have been met for that Original Code, and if You include a notice stating that the Source Code version of the Original Code is available under the terms of this License. The notice must be conspicuously included in any notice in an Executable or Source versions, related documentation or collateral in which You describe recipients’ rights relating to the Original Code. You may distribute the Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions 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. You hereby agree to indemnify the Initial Developer for any liability incurred by the Initial Developer as a result of any such terms You offer. 3.4 Larger Works. You may create a Larger Work by combining Original 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 Original Code. 4.0 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 Original 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 3.2 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. 5.0 APPLICATION OF THIS LICENSE This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Modifications as set out in Section 3.1. 6.0 VERSIONS OF THE LICENSE 6.1 New Versions. Sun 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 Original 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 Original Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Original Code. 7.0 DISCLAIMER OF WARRANTY ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 8.0 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 Original 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 In the event of termination under Section 8.1 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. 9.0 LIMIT 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 ORIGINAL 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. 10.0 U.S. GOVERNMENT END USERS U.S. Government: If this Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in the Software and accompanying documentation shall be only as set forth in this license; this is in accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions). 11.0 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. EXHIBIT A – Sun Standards License “The contents of this file are subject to the Sun Standards 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 _______________________________.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:
Sun Microsystems, Inc..
Portions created by: _______________________________________
are Copyright ©: _______________________________________
All Rights Reserved.
Contributor(s): _______________________________________
EXHIBIT B – Standards The Standard is defined as the following: OpenOffice.org XML File Format Specification, located at http://xml.openoffice.org OpenOffice.org Application Programming Interface Specification, located at http://api.openoffice.org We welcome your feedback. CollabNet, Inc. CollabNet is a trademark of CollabNet, Inc. Sun, Sun Microsystems, the Sun Logo, Solaris, Java, StarOffice, StarOffice 6.0 and StarSuite 6.0 are trademarks or registered trademarks of Sun Microsystems, Inc., in the United States and other countries.Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
-Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
-Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of Sun Microsystems, Inc.nor the names of contributors may be used to endorse or promote products derived from this software without specific prior written permission.
This software is provided “AS IS,” without a warranty of any kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN MICROSYSTEMS, INC. (“SUN”) AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that this software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility.
SUGARCRM PUBLIC LICENSE
Version 1.1.3
The SugarCRM Public License Version (“SPL”) consists of the Mozilla Public License Version 1.1, modified to be specific to SugarCRM, with the Additional Terms in Exhibit B. The original Mozilla Public License 1.1 can be found at: http://www.mozilla.org/MPL/MPL-1.1.html
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).
© 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).
© 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.
© 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.
SugarCRM Inc. (‘‘SugarCRM’‘) 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 SugarCRM. No one other than SugarCRM 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 ‘‘SugarCRM’‘, ‘‘SPL’‘ 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 SugarCRM 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 SPL or the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.
SugarCRM Public License 1.1.3 – Exhibit A
The contents of this file are subject to the SugarCRM Public License Version 1.1.3
(“License”); You may not use this file except in compliance with the
License. You may obtain a copy of the License at http://www.sugarcrm.com/SPL
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: SugarCRM Open Source
The Initial Developer of the Original Code is SugarCRM, Inc.
Portions created by SugarCRM are Copyright © 2004 SugarCRM, Inc.;
All Rights Reserved.
Contributor(s): ______________________________________.
[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.]
SugarCRM Public License 1.1.3 – Exhibit B
Additional Terms applicable to the SugarCRM Public License.
I. Effect.
These additional terms described in this SugarCRM Public License – Additional Terms shall apply to the Covered Code under this License.
II. SugarCRM and logo.
This License does not grant any rights to use the trademarks “SugarCRM” and the “SugarCRM” logos even if such marks are included in the Original Code or Modifications.
However, in addition to the other notice obligations, all copies of the Covered Code in Executable and Source Code form distributed must, as a form of attribution of the original author, include on each user interface screen (i) the “Powered by SugarCRM” logo and (ii) the copyright notice in the same form as the latest version of the Covered Code distributed by SugarCRM, Inc. at the time of distribution of such copy. In addition, the “Powered by SugarCRM” logo must be visible to all users and be located at the very bottom center of each user interface screen. Notwithstanding the above, the dimensions of the “Powered By SugarCRM” logo must be at least 106 × 23 pixels. When users click on the “Powered by SugarCRM” logo it must direct them back to http://www.sugarforge.org. In addition, the copyright notice must remain visible to all users at all times at the bottom of the user interface screen. When users click on the copyright notice, it must direct them back to http://www.sugarcrm.com
SGI FREE SOFTWARE LICENSE B (Version 1.0 [1/25/2000])
2. License Grant and Restrictions.
1. License Grant. Subject to the provisions of this License and any third party intellectual property claims, for the duration of intellectual property protections inherent in the Original Code, SGI hereby grants Recipient a worldwide, royalty-free, non-exclusive license, to do the following: (i) under copyrights Licensable by SGI, to reproduce, distribute, create derivative works from, and, to the extent applicable, display and perform the Original Code alone and/or as part of a Larger Work; and (ii) under any patent claims Licensable by SGI and embodied in the Original Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code. Recipient accepts the terms and conditions of this License by undertaking any of the aforementioned actions. 2. Restriction on Patent License. Notwithstanding the provisions of Section 2.1(ii), no patent license is granted: 1) separate from the Original Code; nor 2) for infringements caused by (i) modification of the Original Code, or (ii) the combination of the Original Code with other software or Hardware. 3. No License For Hardware Implementations. The licenses granted in Section 2.1 are not applicable to implementation in Hardware of the algorithms embodied in the Original Code. 4. Modifications License and API Compliance. Modifications are only licensed under Section 2.1(i) to the extent such Modifications are fully compliant with any API as may be identified in Additional Notice Provisions as appear in the Original Code.3. Redistributions.
1. Retention of Notice/Copy of License. The Notice set forth in Exhibit A, below, must be conspicuously retained or included in any and all redistributions of Covered Code. For distributions of the Covered Code in source code form, the Notice must appear in every file that can include a text comments field; in executable form, the Notice and a copy of this License must appear in related documentation or collateral where the Recipient.s rights relating to Covered Code are described. Any Additional Notice Provisions which actually appears in the Original Code must also be retained or included in any and all redistributions of Covered Code. 2. Alternative License. Provided that Recipient is in compliance with the terms of this License, Recipient may distribute the source code and/or executable version(s) of Covered Code under (1) this License; (2) a license identical to this License but for only such changes as are necessary in order to clarify Recipient.s role as licensor of Modifications, without derogation of any of SGI.s rights; and/or (3) a license of Recipient.s choosing, containing terms different from this License, provided that the license terms include this Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified or superseded by any other terms of such license. If Recipient elects to use any license other than this License, Recipient must make it absolutely clear that any of its terms which differ from this License are offered by Recipient alone, and not by SGI. 3. Indemnity. Recipient hereby agrees to indemnify SGI for any liability incurred by SGI as a result of any such alternative license terms Recipient offers.4. Termination. This License and the rights granted hereunder will terminate automatically if Recipient breaches any term herein and fails to cure such breach within 30 days thereof. Any sublicense to the Covered Code that is properly granted shall survive any termination of this License, absent termination by the terms of such sublicense. Provisions that, by their nature, must remain in effect beyond the termination of this License, shall survive.
5. No Trademark Or Other Rights. This License does not grant any rights to: (i) any software apart from the Covered Code, nor shall any other rights or licenses not expressly granted hereunder arise by implication, estoppel or otherwise with respect to the Covered Code; (ii) any trade name, trademark or service mark whatsoever, including without limitation any related right for purposes of endorsement or promotion of products derived from the Covered Code, without prior written permission of SGI; or (iii) any title to or ownership of the Original Code, which shall at all times remains with SGI. All rights in the Original Code not expressly granted under this License are reserved.
6. Compliance with Laws; Non-Infringement. Recipient hereby assures that it shall comply with all applicable laws, regulations, and executive orders, in connection with any and all dispositions of Covered Code, including but not limited to, all export, re-export, and import control laws, regulations, and executive orders, of the U.S. government and other countries. Recipient may not distribute Covered Code that (i) in any way infringes (directly or contributorily) the rights (including patent, copyright, trade secret, trademark or other intellectual property rights of any kind) of any other person or entity or (ii) breaches any representation or warranty, express, implied or statutory, to which, under any applicable law, it might be deemed to have been subject.
7. Claims of Infringement. If Recipient learns of any third party claim that any disposition of Covered Code and/or functionality wholly or partially infringes the third party’s intellectual property rights, Recipient will promptly notify SGI of such claim.
8. Versions of the License. SGI may publish revised and/or new versions of the License from time to time, each with a distinguishing version number. Once Covered Code has been published under a particular version of the License, Recipient may, for the duration of the license, continue to use it under the terms of that version, or choose to use such Covered Code under the terms of any subsequent version published by SGI. Subject to the provisions of Sections 3 and 4 of this License, only SGI may modify the terms applicable to Covered Code created under this License.
9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED “AS IS.” ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, 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 SGI’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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO RECIPIENT.
11. Indemnity. Recipient shall be solely responsible for damages arising, directly or indirectly, out of its utilization of rights under this License. Recipient will defend, indemnify and hold harmless Silicon Graphics, Inc. from and against any loss, liability, damages, costs or expenses (including the payment of reasonable attorneys fees) arising out of Recipient’s use, modification, reproduction and distribution of the Covered Code or out of any representation or warranty made by Recipient.
12. U.S. Government End Users. The Covered Code is a “commercial item” consisting of “commercial computer software” as such terms are defined in title 48 of the Code of Federal Regulations and all U.S. Government End Users acquire only the rights set forth in this License and are subject to the terms of this License.
13. Miscellaneous. This License represents the complete agreement concerning the its subject matter. If any provision of this License is held to be unenforceable, such provision shall be reformed so as to achieve as nearly as possible the same legal and economic effect as the original provision and the remainder of this License will remain in effect. This License shall be governed by and construed in accordance with the laws of the United States and the State of California as applied to agreements entered into and to be performed entirely within California between California residents. Any litigation relating to this License shall be subject to the exclusive jurisdiction of the Federal Courts of the Northern District of California (or, absent subject matter jurisdiction in such courts, the courts of the State of California), with venue lying exclusively 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.
Exhibit A
License Applicability. Except to the extent portions of this file are made subject to an alternative license as permitted in the SGI Free Software License B, Version 1.0 (the “License”), the contents of this file are subject only to the provisions of the License. You may not use this file except in compliance with the License. You may obtain a copy of the License at Silicon Graphics, Inc., attn: Legal Services, 1600 Ampitheatre Parkway, Mountain View, CA 94043-1351, or at:
http://oss.sgi.com/projects/FreeB
Note that, as provided in the License, the Software is distributed on an “AS IS” basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Original Code. The Original Code is: [name of software, version number, and release date], developed by Silicon Graphics, Inc. The Original Code is Copyright © [dates of first publication, as appearing in the Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions created by third parties is as indicated elsewhere herein. All Rights Reserved.
Additional Notice Provisions: [such additional provisions, if any, as appear in the Notice in the Original Code under the heading “Additional Notice Provisions”]
The Q Public License Version 1.0
Copyright © 1999 Trolltech AS, Norway.
Everyone is permitted to copy and distribute this license document.
The intent of this license is to establish freedom to share and change the software regulated by this license under the open source model.
This license applies to any software containing a notice placed by the copyright holder saying that it may be distributed under the terms of the Q Public License version 1.0. Such software is herein referred to as the Software. This license covers modification and distribution of the Software, use of third-party application programs based on the Software, and development of free software which uses the Software.
Granted Rights
1. You are granted the non-exclusive rights set forth in this license provided you agree to and comply with any and all conditions in this license. Whole or partial distribution of the Software, or software items that link with the Software, in any form signifies acceptance of this license.
2. You may copy and distribute the Software in unmodified form provided that the entire package, including – but not restricted to – copyright, trademark notices and disclaimers, as released by the initial developer of the Software, is distributed.
3. You may make modifications to the Software and distribute your modifications, in a form that is separate from the Software, such as patches. The following restrictions apply to modifications:
a. Modifications must not alter or remove any copyright notices in the Software. b. When modifications to the Software are released under this license, a non-exclusive royalty-free right is granted to the initial developer of the Software to distribute your modification in future versions of the Software provided such versions remain available under these terms in addition to any other license(s) of the initial developer.4. You may distribute machine-executable forms of the Software or machine-executable forms of modified versions of the Software, provided that you meet these restrictions:
a. You must include this license document in the distribution. b. You must ensure that all recipients of the machine-executable forms are also able to receive the complete machine-readable source code to the distributed Software, including all modifications, without any charge beyond the costs of data transfer, and place prominent notices in the distribution explaining this. c. You must ensure that all modifications included in the machine-executable forms are available under the terms of this license.5. You may use the original or modified versions of the Software to compile, link and run application programs legally developed by you or by others.
6. You may develop application programs, reusable components and other software items that link with the original or modified versions of the Software. These items, when distributed, are subject to the following requirements:
a. You must ensure that all recipients of machine-executable forms of these items are also able to receive and use the complete machine-readable source code to the items without any charge beyond the costs of data transfer. b. You must explicitly license all recipients of your items to use and re-distribute original and modified versions of the items in both machine-executable and source code forms. The recipients must be able to do so without any charges whatsoever, and they must be able to re-distribute to anyone they choose. c. If the items are not available to the general public, and the initial developer of the Software requests a copy of the items, then you must supply one.Limitations of Liability
In no event shall the initial developers or copyright holders be liable for any damages whatsoever, including – but not restricted to – lost revenue or profits or other direct, indirect, special, incidental or consequential damages, even if they have been advised of the possibility of such damages, except to the extent invariable law, if any, provides otherwise.
No Warranty
The Software and this license document are provided AS IS with NO WARRANTY OF ANY KIND, INCLUDING THE WARRANTY OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Choice of Law
This license is governed by the Laws of Norway. Disputes shall be settled by Oslo City Court.
The OpenLDAP Public License Version 2.8, 17 August 2003
Redistribution and use of this software and associated documentation
(“Software”), with or without modification, are permitted provided
that the following conditions are met:
1. Redistributions in source form must retain copyright statements and notices,
2. Redistributions in binary form must reproduce applicable copyright statements and notices, this list of conditions, and the following disclaimer in the documentation and/or other materials provided with the distribution, and
3. Redistributions must contain a verbatim copy of this document.
The OpenLDAP Foundation may revise this license from time to time.
Each revision is distinguished by a version number. You may use
this Software under terms of this license revision or under the
terms of any subsequent revision of the license.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS
CONTRIBUTORS ``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 OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR
OR OWNER OF THE SOFTWARE 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.
The names of the authors and copyright holders must not be used in
advertising or otherwise to promote the sale, use or other dealing
in this Software without specific, written prior permission. Title
to copyright in this Software shall at all times remain with copyright
holders.
OpenLDAP is a registered trademark of the OpenLDAP Foundation.
Copyright 1999-2003 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and
distribute verbatim copies of this document is granted.
Open CASCADE Technology Public License
Version 6.6, April 2013
OPEN CASCADE releases and makes publicly available the source code of the software Open CASCADE Technology to the free software development community under the terms and conditions of this license.
It is not the purpose of this license to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this license has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
Please read this license carefully and completely before downloading this software. By downloading, using, modifying, distributing and sublicensing this software, you indicate your acceptance to be bound by the terms and conditions of this license. If you do not want to accept or cannot accept for any reasons the terms and conditions of this license, please do not download or use in any manner this software.
1. Definitions
Unless there is something in the subject matter or in the context inconsistent therewith, the capitalized terms used in this License shall have the following meaning.
“Applicable Intellectual Property Rights” means (a) with respect to the Initial Developer, any rights under patents or patents applications or other intellectual property rights that are now or hereafter acquired, owned by or assigned to the Initial Developer and that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce, modify, distribute or sublicense the Original Code without infringement; and (b) with respect to You or any Contributor, any rights under patents or patents applications or other intellectual property rights that are now or hereafter acquired, owned by or assigned to You or to such Contributor and that cover subject matter contained in Your Modifications or in such Contributor’s Modifications, taken alone or in combination with Original Code.
“Contributor” means each individual or legal entity that creates or contributes to the creation of any Modification, including the Initial Developer.
“Derivative Program”: means a new program combining the Software or portions thereof with other source code not governed by the terms of this License.
“Initial Developer”: means OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France.
“Modifications”: mean any addition to, deletion from or change to the substance or the structure of the Software. When source code of the Software is released as a series of files, a Modification is: (a) any addition to, deletion from or change to the contents of a file containing the Software or (b) any new file or other representation of computer program statements that contains any part of the Software. By way of example, Modifications include any debug of, or improvement to, the Original Code or any of its components or portions as well as its next versions or releases thereof.
“Original Code”: means (a) the source code of the software Open CASCADE Technology originally made available by the Initial Developer under this License, including the source code of any updates or upgrades of the Original Code and (b) the object code compiled from such source code and originally made available by Initial Developer under this License.
“Software”: means the Original Code, the Modifications, the combination of Original Code and any Modifications or any respective portions thereof.
“You” or “Your”: means an individual or a legal entity exercising rights under this License
2. Acceptance of license
By using, reproducing, modifying, distributing or sublicensing the Software or any portion thereof, You expressly indicate Your acceptance of the terms and conditions of this License and undertake to act in accordance with all the provisions of this License applicable to You.
3. Scope and purpose
This License applies to the Software and You may not use, reproduce, modify, distribute, sublicense or circulate the Software, or any portion thereof, except as expressly provided under this License. Any attempt to otherwise use, reproduce, modify, distribute or sublicense the Software is void and will automatically terminate Your rights under this License.
4. Contributor license
Subject to the terms and conditions of this License, the Initial Developer and each of the Contributors hereby grant You a world-wide, royalty-free, irrevocable and non-exclusive license under the Applicable Intellectual Property Rights they own or control, to use, reproduce, modify, distribute and sublicense the Software provided that:
You reproduce in all copies of the Software the copyright and other proprietary notices and disclaimers of the Initial Developer as they appear in the Original Code and attached hereto as Schedule “A” and any other notices or disclaimers attached to the Software and keep intact all notices in the Original Code that refer to this License and to the absence of any warranty;
You include a copy of this License with every copy of the Software You distribute;
If you distribute or sublicense the Software (as modified by You or on Your behalf as the case may be), You cause such Software to be licensed as a whole, at no charge, to all third parties, under the terms and conditions of the License, making in particular available to all third parties the source code of the Software;
You document all Your Modifications, indicate the date of each such Modification, designate the version of the Software You used, prominently include a file carrying such information with respect to the Modifications and duplicate the copyright and other proprietary notices and disclaimers attached hereto as Schedule “B” or any other notices or disclaimers attached to the Software with your Modifications.
For greater certainty, it is expressly understood that You may freely create Derivative Programs (without any obligation to publish such Derivative Program) and distribute same as a single product. In such case, You must ensure that all the requirements of this License are fulfilled for the Software or any portion thereof.
5. Your license
You hereby grant all Contributors and anyone who becomes a party under this License a world-wide, non-exclusive, royalty-free and irrevocable license under the Applicable Intellectual Property Rights owned or controlled by You, to use, reproduce, modify, distribute and sublicense all Your Modifications under the terms and conditions of this License.
6. Software subject to license
Your Modifications shall be governed by the terms and conditions of this License. You are not authorized to impose any other terms or conditions than those prevailing under this License when You distribute and/or sublicense the Software, save and except as permitted under Section 7 hereof.
7. Additional terms
You may choose to offer, on a non-exclusive basis, and to charge a fee for any warranty, support, maintenance, liability obligations or other rights consistent with the scope of this License with respect to the Software (the “Additional Terms”) to the recipients of the Software. However, You may do so only on Your own behalf and on Your sole and exclusive responsibility. You must obtain the recipient’s agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold the Initial Developer and any Contributor harmless for any liability incurred by or claims asserted against the Initial Developer or any Contributors with respect to any such Additional Terms.
8. Disclaimer of warranty
The Software is provided under this License on an “as is” basis, without warranty of any kind, including without limitation, warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is with You.
9. Liability
Under no circumstances shall You, the Initial Developer or any Contributor be liable to any person for any direct or indirect damages of any kind including, without limitation, damages for loss of goodwill, loss of data, work stoppage, computer failure or malfunction or any and all other commercial damages or losses resulting from or relating to this License or indirectly to the use of the Software.
10. Trademark
This License does not grant any rights to use the trademarks, trade names and domain names “MATRA”, “EADS Matra Datavision”, “CAS.CADE”, “Open CASCADE”, “opencascade.com” and “opencascade.org” or any other trademarks, trade names or domain names used or owned by the Initial Developer.
11. Copyright
The Initial Developer retains all rights, title and interest in and to the Original Code. You may not remove the copyright © notice which appears when You download the Software.
12. Term
This License is granted to You for a term equal to the remaining period of protection covered by the intellectual property rights applicable to the Original Code.
13. Termination
In case of termination, as provided in Section 3 above, You agree to immediately stop any further use, reproduction, modification, distribution and sublicensing of the Software and to destroy all copies of the Software that are in Your possession or control. All sublicenses of the Software which have been properly granted prior to termination shall survive any termination of this License. In addition, Sections 5, 8 to 11, 13.2 and 15.2 of this License, in reason of their nature, shall survive the termination of this License for a period of fifteen (15) years.
14. Versions of the license
The Initial Developer may publish new versions of this License from time to time. Once Original Code has been published under a particular version of this License, You may choose to continue to use it under the terms and conditions of that version or use the Original Code under the terms of any subsequent version of this License published by the Initial Developer.
15. Miscellaneous
15.1 Relationship of the Parties This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between You and the Initial Developer, and You will not represent to the contrary, whether expressly, by implication or otherwise.
15.2 Independent Development Nothing in this License will impair the Initial Developer’s right to acquire, license, develop, have others develop for it, market or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Derivative Programs, technology or products that You may develop, produce, market or distribute.
15.3 Severability If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and extent.
END OF THE TERMS AND CONDITIONS OF THIS LICENSE
OPEN CASCADE is a French société par actions simplifiée having its registered head office at 1, place des Frères Montgolfier, 78280, Guyancourt, France and main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. Its web site is located at the following address opencascade.com
Open CASCADE Technology Public License
Schedule “A”
The content of this file is subject to the Open CASCADE Technology Public License (the “License”). You may not use the content of this file except in compliance with the License. Please obtain a copy of the License at opencascade.com and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original Code is copyright © OPEN CASCADE SAS, 2001. All rights reserved. “The Original Code and all software distributed under the License are distributed on an “AS IS” basis, without warranty of any kind, and the Initial Developer hereby disclaims all such warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights and limitations under the License”.
End of Schedule “A”
Open CASCADE Technology Public License
Schedule “B”
“The content of this file is subject to the Open CASCADE Technology Public License (the “License”). You may not use the content of this file except in compliance with the License. Please obtain a copy of the License at opencascade.com and read it completely before using this file.
The Initial Developer of the Original Code is OPEN CASCADE, with main offices at 1, place des Frères Montgolfier, 78280, Guyancourt, France. The Original Code is copyright © Open CASCADE SAS, 2001. All rights reserved.
Modifications to the Original Code have been made by ________________________. Modifications are copyright © [Year to be included]. All rights reserved.
The software Open CASCADE Technology and all software distributed under the License are distributed on an “AS IS” basis, without warranty of any kind, and the Initial Developer hereby disclaims all such warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose or non-infringement.
Please see the License for the specific terms and conditions governing rights and limitations under the License”
End of Schedule “B”
GNU LESSER GENERAL PUBLIC LICENSE Version 3, 29 June 2007
Copyright © 2007 Free Software Foundation, Inc. Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below. 0. Additional Definitions. As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License. “The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below. An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library. A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”. The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version. The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work. 1. Exception to Section 3 of the GNU GPL. You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL. 2. Conveying Modified Versions. If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version: a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy. 3. Object Code Incorporating Material from Library Header Files. The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following: a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License. b) Accompany the object code with a copy of the GNU GPL and this license document. 4. Combined Works. You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following: a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License. b) Accompany the Combined Work with a copy of the GNU GPL and this license document. c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document. d) Do one of the following: 0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source. 1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user’s computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version. e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.) 5. Combined Libraries. You may place library facilities that are a work based on the library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following: a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License. b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work. 6. Revised Versions of the GNU Lesser General Public License. The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation. If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy’s public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.Copyright © 2003, The Regents of the University of California, through Lawrence Berkeley National Laboratory (subject to receipt of any required approvals from the U.S. Dept. of Energy). 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) Neither the name of the University of California, Lawrence Berkeley National Laboratory, U.S. Dept. of Energy nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You are under no obligation whatsoever to provide any bug fixes, patches, or upgrades to the features, functionality or performance of the source code (“Enhancements”) to anyone; however, if you choose to make your Enhancements available either publicly, or directly to Lawrence Berkeley National Laboratory, without imposing a separate written license agreement for such Enhancements, then you hereby grant the following license: a non-exclusive, royalty-free perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, distribute, and sublicense such Enhancements or derivative works thereof, in binary and source code form.
Imlib2 License
Permission is hereby granted, free of charge, to any person obtaining a copy
of this software and associated documentation files (the “Software”), to
deal in the Software without restriction, including without limitation the
rights to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in
all copies of the Software and its Copyright notices. In addition publicly
documented acknowledgment must be given that this software has been used if no
source code of this software is made available publicly. Making the source
available publicly means including the source for this software with the
distribution, or a method to get this software via some reasonable mechanism
(electronic transfer via a network or media) as well as making an offer to
supply the source on request. This Copyright notice serves as an offer to
supply the source on on request as well. Instead of this, supplying
acknowledgments of use of this software in either Copyright notices, Manuals,
Publicity and Marketing documents or any documentation provided with any
product containing this software. This License does not apply to any software
that links to the libraries provided by this software (statically or
dynamically), but only to the software provided.
Please see the COPYING-PLAIN for a plain-english explanation of this notice
and its intent.
THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
THE AUTHORS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
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:
1. in the case of International Business Machines Corporation (“IBM”), the Original Program, and 2. in the case of each Contributor, 1. changes to the Program, and 2. 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
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
When the Program is made available in source code form:
1. it must be made available under this Agreement; and 2. 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 © 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify every other Contributor (“Indemnified Contributor”) against any losses, damages and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor’s responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient’s patent(s), then such Recipient’s rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient’s rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient’s rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient’s obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.
IBM may publish new versions (including revisions) of this Agreement from time to time. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than IBM has the right to modify this Agreement. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.
Part of the software embedded in this product is gSOAP software.
Portions created by gSOAP are Copyright © 2001-2009 Robert A. van Engelen, Genivia inc. All Rights Reserved.
THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY GENIVIA INC AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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.
1. This LICENSE AGREEMENT is between the Corporation for National Research Initiatives, having an office at 1895 Preston White Drive, Reston, VA 20191 (“CNRI”), and the Individual or Organization (“Licensee”) accessing and using JPython version 1.1.x in source or binary form and its associated documentation as provided herein (“Software”).
2. Subject to the terms and conditions of this License Agreement, CNRI hereby grants Licensee a non-exclusive, non-transferable, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that CNRI’s License Agreement and CNRI’s notice of copyright, i.e., “Copyright © 1996-1999 Corporation for National Research Initiatives; All Rights Reserved” are both retained in the Software, alone or in any derivative version prepared by Licensee. Alternatively, in lieu of CNRI’s License Agreement, Licensee may substitute the following text (omitting the quotes), provided, however, that such text is displayed prominently in the Software alone or in any derivative version prepared by Licensee: “JPython (Version 1.1.x) is made available subject to the terms and conditions in CNRI’s License Agreement. This Agreement may be located on the Internet using the following unique, persistent identifier (known as a handle): 1895.22/1006. The License may also be obtained from a proxy server on the Web using the following URL: http://hdl.handle.net/1895.22/1006.”
3. In the event Licensee prepares a derivative work that is based on or incorporates the Software or any part thereof, and wants to make the derivative work available to the public as provided herein, then Licensee hereby agrees to indicate in any such work, in a prominently visible way, the nature of the modifications made to CNRI’s Software.
4. Licensee may not use CNRI trademarks or trade name, including JPython or CNRI, in a trademark sense to endorse or promote products or services of Licensee, or any third party. Licensee may use the mark JPython in connection with Licensee’s derivative versions that are based on or incorporate the Software, but only in the form “JPython-based ___________________,” or equivalent.
5. CNRI is making the Software available to Licensee on an “AS IS” basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
6. CNRI SHALL NOT BE LIABLE TO LICENSEE OR OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO THE ABOVE DISCLAIMER MAY NOT APPLY TO LICENSEE.
7. This License Agreement may be terminated by CNRI (i) immediately upon written notice from CNRI of any material breach by the Licensee, if the nature of the breach is such that it cannot be promptly remedied; or (ii) sixty (60) days following notice from CNRI to Licensee of a material remediable breach, if Licensee has not remedied such breach within that sixty-day period.
8. This License Agreement shall be governed by and interpreted in all respects by the law of the State of Virginia, excluding conflict of law provisions. Nothing in this Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between CNRI and Licensee.
9. By clicking on the “ACCEPT” button where indicated, or by installing, copying or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
Copyright 1989, 1991, 1992 by Carnegie Mellon University
Derivative Work – 1996, 1998-2000 Copyright 1996, 1998-2000 The Regents of the University of California
All Rights Reserved
Permission to use, copy, modify and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of CMU and The Regents of the University of California not be used in advertising or publicity pertaining to distribution of the software without specific written permission.
CMU AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL CMU OR THE REGENTS OF THE UNIVERSITY OF CALIFORNIA BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM THE LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Redistribution and use in source and binary forms, with or without
modification, are permitted (subject to the limitations in the
disclaimer below) provided that the following conditions are met:
NO EXPRESS OR IMPLIED LICENSES TO ANY PARTY’S PATENT RIGHTS ARE
GRANTED BY THIS LICENSE. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT
HOLDERS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This program, “bzip2”, the associated library “libbzip2”, and all
documentation, are copyright © 1996-2010 Julian R Seward. 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. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.
3. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.
4. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS’‘ AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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.
Julian Seward, jseward@bzip.org
bzip2/libbzip2 version 1.0.6 of 6 September 2010
APPLE PUBLIC SOURCE LICENSE
Version 2.0 – August 6, 2003
Please read this License carefully before downloading this software. By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.
1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. (“Apple”) makes publicly available and which contains a notice placed by Apple identifying such program or work as “Original Code” and stating that it is subject to the terms of this Apple Public Source License version 2.0 (“License”). As used in this License:
1.1 “Applicable Patent Rights” mean: (a) in the case where Apple is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.
1.2 “Contributor” means any person or entity that creates or contributes to the creation of Modifications.
1.3 “Covered Code” means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
1.4 “Externally Deploy” means: (a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or (b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.
1.5 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.6 “Modifications” mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.
1.7 “Original Code” means (a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Apple under this License.
1.8 “Source Code” means the human readable form of a program or other work that is suitable 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 (object code).
1.9 “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:
2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights hereunder, except as permitted under Section 6.
2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and
© If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).
2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.
2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You 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, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.
3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple’s licenses under Sections 2.1 and 2.2 above.
4. 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 each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.
5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.
6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient’s agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.
7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.
8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE’S LICENSOR (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.
9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).
10. Trademarks. This License does not grant any rights to use the trademarks or trade names “Apple”, “Apple Computer”, “Mac”, “Mac OS”, “QuickTime”, “QuickTime Streaming Server” or any other trademarks, service marks, logos or trade names belonging to Apple (collectively “Apple Marks”) or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple’s third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.
11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple (“Apple Modifications”), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.
12. Termination.
12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
© automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.
12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.
13. Miscellaneous.
13.1 Government End Users. The Covered Code is a “commercial item” as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data — Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
13.3 Independent Development. Nothing in this License will impair Apple’s right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.
13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.
13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.
13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.
EXHIBIT A.
“Portions Copyright © 1999-2003 Apple Computer, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the ‘License’). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.
The Original Code and all software distributed under the License are distributed on an ‘AS IS’ basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License.”
Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. “License” shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. “Licensor” shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. “Legal Entity” shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, “control” means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. “You” (or “Your”) shall mean an individual or Legal Entity exercising permissions granted by this License. “Source” form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. “Object” form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. “Work” shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). “Derivative Works” shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. “Contribution” shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, “submitted” means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as “Not a Contribution.” “Contributor” shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. 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