CDDL HEADER START
The contents of this file are subject to the terms of the
Common Development and Distribution License, Version 1.0 only
(the "License"). You may not use this file except in compliance
with the License.
You can obtain a copy of the license at legal-notices/CDDLv1_0.txt
or http://forgerock.org/license/CDDLv1.0.html.
See the License for the specific language governing permissions
and limitations under the License.
When distributing Covered Code, include this CDDL HEADER in each
file and include the License file at legal-notices/CDDLv1_0.txt.
If applicable, add the following below this CDDL HEADER, with the
fields enclosed by brackets "[]" replaced with your own identifying
information:
Portions Copyright [yyyy] [name of copyright owner]
CDDL HEADER END
Copyright 2009-2010 Sun Microsystems, Inc.
Portions Copyright 2010-2012 ForgeRock AS
--------------------------------------------------------------------
Unless otherwise noted, all files in this distribution are released
under the Common Development and Distribution License (CDDL).
Exceptions are noted within the associated source files.
--------------------------------------------------------------------
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that creates
or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original
Software, prior Modifications used by a Contributor (if any),
and the Modifications made by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in
each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other
than Source Code.
1.5. "Initial Developer" means the individual or entity that first
makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software 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 the Source Code and Executable form of
any of the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original
Software or previous Modifications;
B. Any new file that contains any part of the Original
Software or previous Modifications; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and Executable
form of computer software code that is originally released
under this License.
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 (a) the common form of computer software
code in which modifications are made and (b) associated
documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal entity
exercising rights under, and complying with all of the terms
of, this License. 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. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free,
non-exclusive license:
(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 Software (or portions thereof),
with or without Modifications, and/or as part of a Larger
Work; and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise
dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes
or otherwise makes the Original Software available to a
third party 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
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software
or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and
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 Software and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version
(or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of:
(1) Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions
of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third
party.
(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) 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 (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in Source
Code form and that Source Code form must be distributed only under
the terms of this License. You must include a copy of this
License with every copy of the Source Code form of the Covered
Software You distribute or otherwise make available. You must
inform recipients of any such Covered Software in Executable form
as to how they can obtain such Covered Software in Source Code
form in a reasonable manner on or through a medium customarily
used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You
believe Your Modifications are Your original creation(s) and/or
You have sufficient rights to grant the rights conveyed by this
License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You may
not remove or alter any copyright, patent or trademark notices
contained within the Covered Software, or any notices of licensing
or any descriptive text giving attribution to any Contributor or
the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version
of this License or the recipients' rights hereunder. You may
choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of
Covered Software. 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 that 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.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software
under the terms of this License or under the terms of 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 form does not attempt to
limit or alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the
Covered Software in Executable form 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 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.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software 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 Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may
publish revised and/or new versions of this License from time to
time. Each version will be given a distinguishing version number.
Except as provided in Section 4.3, no one other than the license
steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
If the Initial Developer includes a notice in the Original
Software prohibiting it from being distributed or otherwise made
available under any subsequent version of the License, You must
distribute and make the Covered Software available under the terms
of the version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to use,
distribute or otherwise make the Covered Software available under
the terms of any subsequent version of the License published by
the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You: (a) rename the license
and remove any references to the name of the license steward
(except to note that the license differs from this License); and
(b) otherwise make it clear that the license contains terms which
differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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
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 COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. 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.
Provisions which, by their nature, must remain in effect beyond
the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You
assert such claim is referred to as "Participant") alleging that
the Participant Software (meaning the Contributor Version where
the Participant is a Contributor or the Original Software where
the Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if
the Initial Developer is not the Participant) and all Contributors
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
notice from Participant terminate prospectively and automatically
at the expiration of such 60 day notice period, unless if within
such 60 day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally
or pursuant to a written agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. 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 SOFTWARE, 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 LOST PROFITS, 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.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" (as that term is defined at 48
C.F.R. 252.227-7014(a)(1)) 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 Software with only those
rights set forth herein. This U.S. Government Rights clause is in
lieu of, and supersedes, any other FAR, DFAR, or other clause or
provision that addresses Government rights in computer software
under this License.
9. 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 the law of the jurisdiction specified in a notice contained
within the Original Software (except to the extent applicable law,
if any, provides otherwise), excluding such jurisdiction's
conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located
in the jurisdiction and venue specified in a notice contained
within the Original Software, 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. You agree
that You alone are responsible for compliance with the United
States export administration regulations (and the export control
laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. 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.
--------------------------------------------------------------------
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)
For Covered Software in this distribution, this License shall
be governed by the laws of the State of California (excluding
conflict-of-law provisions).
Any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California and the state courts of the State of California, with
venue lying in Santa Clara County, California.
--------------------------------------------------------------------
/*-
*/
The following is the license that applies to this copy of the Berkeley
DB Java Edition software. For a license to use the Berkeley DB Java
Edition software under conditions other than those described here, or
to purchase support for this software, please contact Oracle at
berkeleydb-info_us@oracle.com.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
/*
* Copyright (c) 2002-2010 Oracle. 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. Redistributions in any form must be accompanied by information on
* how to obtain complete source code for the DB software and any
* accompanying software that uses the DB software. 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 must be
* freely redistributable under reasonable conditions. For an
* executable file, complete source code means the source code for all
* modules it contains. It does not include source code for modules or
* files that typically accompany the major components of the operating
* system on which the executable file runs.
*
* THIS SOFTWARE IS PROVIDED BY ORACLE ``AS IS'' AND ANY EXPRESS OR
* IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
* WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
* NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE 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.
*/
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
/***
* ASM: a very small and fast Java bytecode manipulation framework
* Copyright (c) 2000-2005 INRIA, France Telecom
* 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 copyright holders 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.
*/
--------------------------------------------------------------------
Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: JavaMail 1.4.1.
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Individual, Commercial,
or Research and Instructional Use for the purposes of designing,
developing, testing, and running Your applets and
application("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's documentation,
You may reproduce and distribute portions of Software identified as a
redistributable in the documentation ("Redistributable"), provided
that:
(a) you distribute Redistributable complete and unmodified and only
bundled as part of Your Programs,
(b) your Programs add significant and primary functionality to the
Redistributable,
(c) you distribute Redistributable for the sole purpose of running your
Programs,
(d) you do not distribute additional software intended to replace any
component(s) of the Redistributable,
(e) you do not remove or alter any proprietary legends or notices
contained in or on the Redistributable.
(f) you only distribute the Redistributable subject to a license
agreement that protects Sun's interests consistent with the terms
contained in this Agreement, and
(g) you agree to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that arises or results from
the use or distribution of any and all Programs and/or
Redistributable.
3. Java Technology Restrictions. You may not create, modify, or change
the behavior of, or authorize your licensees to create, modify, or
change the behavior of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation.
B. Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable documents
authorized by Sun evidencing your obligation to pay associated fees (if
any) for the license, associated Services, and the authorized scope of
use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized
in this Agreement as specified in your Entitlement. The Permitted Use
for any bundled Sun software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its delegate will
provide, if any, as selected in your Entitlement and as further
described in the applicable service listings at
www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for evaluation use
under Section 3.
(f) "You" and "Your" means the individual or legal entity specified
in the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use Software for its
Permitted Use for the license term. Your Entitlement will specify (a)
Software licensed, (b) the Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your
Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on
the manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Sun or authorized Sun reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the
other Permitted Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to you, then
such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period
of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual use.
(d) Commercial Use. You may use Software internally for your own
commercial purposes.
(e) Service Provider Use. You may make Software functionality
accessible (but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to your
affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will
need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Sun. Sun reserves all rights not
expressly granted. (b) You may make a single archival copy of Software,
but otherwise may not copy, modify, or distribute Software. However if
the Sun documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may
do so only as provided in the Sun documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse engineer Software.
(e) The terms and conditions of this Agreement will apply to any
Software updates, provided to you at Sun's discretion, that replace
and/or supplement the original Software, unless such update contains a
separate license. (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Sun. (g) Software is confidential
and copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables functionality
of Software, you may not use such software on a stand-alone basis or
use any portion of such software to interoperate with any program(s)
other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by
Sun, its subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or improving
Sun's software and systems. (j) Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility and Sun and its licensors disclaim any express
or implied warranty of fitness for such uses. (k) No right, title or
interest in or to any trademark, service mark, logo or trade name of
Sun or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Sun if you materially breach it or take any action in derogation
of Sun's and/or its licensors' rights to Software. Sun may terminate
this Agreement should any Software become, or in Sun's reasonable
opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon
termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Sun supports and benefits from the global community of open source
developers, and thanks the community for its important contributions
and open standards-based technology, which Sun has adopted into many of
its products.
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that
govern the use of those portions, and any licenses granted hereunder do
not alter any rights and obligations you may have under such open
source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of
purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Sun's entire liability
under this limited warranty will be at Sun's option to replace Software
media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of
the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with these laws and regulations and
acknowledge that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If 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 Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless
omission would frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is
the entire agreement between you and Sun relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
California 95054 if you have questions.
--------------------------------------------------------------------
A. Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE
Licensee/Company: Entity receiving Software.
Effective Date: Date of delivery of the Software to You.
Software: JavaBeans Activation Framework 1.1.1.
License Term: Perpetual (subject to termination under the SLA).
Licensed Unit: Software Copy.
Licensed unit Count: Unlimited.
Permitted Uses:
1. You may reproduce and use the Software for Individual, Commercial,
or Research and Instructional Use for the purposes of designing,
developing, testing, and running Your applets and
application("Programs").
2. Subject to the terms and conditions of this Agreement and
restrictions and exceptions set forth in the Software's documentation,
You may reproduce and distribute portions of Software identified as a
redistributable in the documentation ("Redistributable"), provided
that:
(a) you distribute Redistributable complete and unmodified and only
bundled as part of Your Programs,
(b) your Programs add significant and primary functionality to the
Redistributable,
(c) you distribute Redistributable for the sole purpose of running your
Programs,
(d) you do not distribute additional software intended to replace any
component(s) of the Redistributable,
(e) you do not remove or alter any proprietary legends or notices
contained in or on the Redistributable.
(f) you only distribute the Redistributable subject to a license
agreement that protects Sun's interests consistent with the terms
contained in this Agreement, and
(g) you agree to defend and indemnify Sun and its licensors from and
against any damages, costs, liabilities, settlement amounts and/or
expenses (including attorneys' fees) incurred in connection with any
claim, lawsuit or action by any third party that arises or results from
the use or distribution of any and all Programs and/or
Redistributable.
3. Java Technology Restrictions. You may not create, modify, or change
the behavior of, or authorize your licensees to create, modify, or
change the behavior of, classes, interfaces, or subpackages that are in
any way identified as "java", "javax", "sun" or similar convention as
specified by Sun in any naming convention designation.
B. Sun Microsystems, Inc. ("Sun")
SOFTWARE LICENSE AGREEMENT
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING
THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE
OF PURCHASE FOR A REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" (OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT.
IF YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT
("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE
MASTER TERMS IN RELATION TO THIS SOFTWARE.
1. Definitions.
(a) "Entitlement" means the collective set of applicable documents
authorized by Sun evidencing your obligation to pay associated fees (if
any) for the license, associated Services, and the authorized scope of
use of Software under this Agreement.
(b) "Licensed Unit" means the unit of measure by which your use of
Software and/or Service is licensed, as described in your Entitlement.
(c) "Permitted Use" means the licensed Software use(s) authorized
in this Agreement as specified in your Entitlement. The Permitted Use
for any bundled Sun software not specified in your Entitlement will be
evaluation use as provided in Section 3.
(d) "Service" means the service(s) that Sun or its delegate will
provide, if any, as selected in your Entitlement and as further
described in the applicable service listings at
www.sun.com/service/servicelist.
(e) "Software" means the Sun software described in your
Entitlement. Also, certain software may be included for evaluation use
under Section 3.
(f) "You" and "Your" means the individual or legal entity specified
in the Entitlement, or for evaluation purposes, the entity performing
the evaluation.
2. License Grant and Entitlement.
Subject to the terms of your Entitlement, Sun grants you a
nonexclusive, nontransferable limited license to use Software for its
Permitted Use for the license term. Your Entitlement will specify (a)
Software licensed, (b) the Permitted Use, (c) the license term, and (d)
the Licensed Units.
Additionally, if your Entitlement includes Services, then it will also
specify the (e) Service and (f) service term.
If your rights to Software or Services are limited in duration and the
date such rights begin is other than the purchase date, your
Entitlement will provide that beginning date(s).
The Entitlement may be delivered to you in various ways depending on
the manner in which you obtain Software and Services, for example, the
Entitlement may be provided in your receipt, invoice or your contract
with Sun or authorized Sun reseller. It may also be in electronic
format if you download Software.
3. Permitted Use.
As selected in your Entitlement, one or more of the following Permitted
Uses will apply to your use of Software. Unless you have an Entitlement
that expressly permits it, you may not use Software for any of the
other Permitted Uses. If you don't have an Entitlement, or if your
Entitlement doesn't cover additional software delivered to you, then
such software is for your Evaluation Use.
(a) Evaluation Use. You may evaluate Software internally for a period
of 90 days from your first use.
(b) Research and Instructional Use. You may use Software internally to
design, develop and test, and also to provide instruction on such
uses.
(c) Individual Use. You may use Software internally for personal,
individual use.
(d) Commercial Use. You may use Software internally for your own
commercial purposes.
(e) Service Provider Use. You may make Software functionality
accessible (but not by providing Software itself or through outsourcing
services) to your end users in an extranet deployment, but not to your
affiliated companies or to government agencies.
4. Licensed Units.
Your Permitted Use is limited to the number of Licensed Units stated in
your Entitlement. If you require additional Licensed Units, you will
need additional Entitlement(s).
5. Restrictions.
(a) The copies of Software provided to you under this Agreement are
licensed, not sold, to you by Sun. Sun reserves all rights not
expressly granted. (b) You may make a single archival copy of Software,
but otherwise may not copy, modify, or distribute Software. However if
the Sun documentation accompanying Software lists specific portions of
Software, such as header files, class libraries, reference source code,
and/or redistributable files, that may be handled differently, you may
do so only as provided in the Sun documentation. (c) You may not rent,
lease, lend or encumber Software. (d) Unless enforcement is prohibited
by applicable law, you may not decompile, or reverse engineer
Software. (e) The terms and conditions of this Agreement will apply to
any Software updates, provided to you at Sun's discretion, that replace
and/or supplement the original Software, unless such update contains a
separate license. (f) You may not publish or provide the results of any
benchmark or comparison tests run on Software to any third party
without the prior written consent of Sun. (g) Software is confidential
and copyrighted. (h) Unless otherwise specified, if Software is
delivered with embedded or bundled software that enables functionality
of Software, you may not use such software on a stand-alone basis or
use any portion of such software to interoperate with any program(s)
other than Software. (i) Software may contain programs that perform
automated collection of system data and/or automated software updating
services. System data collected through such programs may be used by
Sun, its subcontractors, and its service delivery partners for the
purpose of providing you with remote system services and/or improving
Sun's software and systems. (j) Software is not designed, licensed or
intended for use in the design, construction, operation or maintenance
of any nuclear facility and Sun and its licensors disclaim any express
or implied warranty of fitness for such uses. (k) No right, title or
interest in or to any trademark, service mark, logo or trade name of
Sun or its licensors is granted under this Agreement.
6. Term and Termination.
The license and service term are set forth in your Entitlement(s). Your
rights under this Agreement will terminate immediately without notice
from Sun if you materially breach it or take any action in derogation
of Sun's and/or its licensors' rights to Software. Sun may terminate
this Agreement should any Software become, or in Sun's reasonable
opinion likely to become, the subject of a claim of intellectual
property infringement or trade secret misappropriation. Upon
termination, you will cease use of, and destroy, Software and confirm
compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will
survive termination of the Agreement.
7. Java Compatibility and Open Source.
Software may contain Java technology. You may not create additional
classes to, or modifications of, the Java technology, except under
compatibility requirements available under a separate agreement
available at www.java.net.
Sun supports and benefits from the global community of open source
developers, and thanks the community for its important contributions
and open standards-based technology, which Sun has adopted into many of
its products.
Please note that portions of Software may be provided with notices and
open source licenses from such communities and third parties that
govern the use of those portions, and any licenses granted hereunder do
not alter any rights and obligations you may have under such open
source licenses, however, the disclaimer of warranty and limitation of
liability provisions in this Agreement will apply to all Software in
this distribution.
8. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of
purchase, as evidenced by a copy of the receipt, the media on which
Software is furnished (if any) will be free of defects in materials and
workmanship under normal use. Except for the foregoing, Software is
provided "AS IS". Your exclusive remedy and Sun's entire liability
under this limited warranty will be at Sun's option to replace Software
media or refund the fee paid for Software. Some states do not allow
limitations on certain implied warranties, so the above may not apply
to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
9. Disclaimer of Warranty.
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT
ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO
BE LEGALLY INVALID.
10. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS
LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES,
HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR
RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's
liability to you, whether in contract, tort (including negligence), or
otherwise, exceed the amount paid by you for Software under this
Agreement. The foregoing limitations will apply even if the above
stated warranty fails of its essential purpose. Some states do not
allow the exclusion of incidental or consequential damages, so some of
the terms above may not be applicable to you.
11. Export Regulations.
All Software, documents, technical data, and any other materials
delivered under this Agreement are subject to U.S. export control laws
and may be subject to export or import regulations in other countries.
You agree to comply strictly with these laws and regulations and
acknowledge that you have the responsibility to obtain any licenses to
export, re-export, or import as may be required after delivery to you.
12. U.S. Government Restricted Rights.
If 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 Software and accompanying documentation
will be only as set forth in this Agreement; this is in accordance with
48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD)
acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
acquisitions).
13. Governing Law.
Any action related to this Agreement will be governed by California law
and controlling U.S. federal law. No choice of law rules of any
jurisdiction will apply.
14. Severability.
If any provision of this Agreement is held to be unenforceable, this
Agreement will remain in effect with the provision omitted, unless
omission would frustrate the intent of the parties, in which case this
Agreement will immediately terminate.
15. Integration.
This Agreement, including any terms contained in your Entitlement, is
the entire agreement between you and Sun relating to its subject
matter. It supersedes all prior or contemporaneous oral or written
communications, proposals, representations and warranties and prevails
over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification
of this Agreement will be binding, unless in writing and signed by an
authorized representative of each party.
Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara,
California 95054 if you have questions.