copyright revision 298cb3d14d0326f801d6dd105c3e1025227263e0
b897c52f865b2fc4e220e2110b874e59c716456bBob HalleyCDDL HEADER START
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob Halley
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid LawrenceThe contents of this file are subject to the terms of the
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob HalleyCommon Development and Distribution License, Version 1.0 only
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob Halley(the "License"). You may not use this file except in compliance
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob Halleywith the License.
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob Halley
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob HalleyYou can obtain a copy of the license at
15a44745412679c30a6d022733925af70a38b715David Lawrencetrunk/opends/resource/legal-notices/CDDLv1_0.txt
15a44745412679c30a6d022733925af70a38b715David Lawrenceor http://forgerock.org/license/CDDLv1.0.html.
15a44745412679c30a6d022733925af70a38b715David LawrenceSee the License for the specific language governing permissions
15a44745412679c30a6d022733925af70a38b715David Lawrenceand limitations under the License.
15a44745412679c30a6d022733925af70a38b715David Lawrence
15a44745412679c30a6d022733925af70a38b715David LawrenceWhen distributing Covered Code, include this CDDL HEADER in each
15a44745412679c30a6d022733925af70a38b715David Lawrencefile and include the License file at
15a44745412679c30a6d022733925af70a38b715David Lawrencetrunk/opends/resource/legal-notices/CDDLv1_0.txt. If applicable,
15a44745412679c30a6d022733925af70a38b715David Lawrenceadd the following below this CDDL HEADER, with the fields enclosed
15a44745412679c30a6d022733925af70a38b715David Lawrenceby brackets "[]" replaced with your own identifying information:
e85ffb301b294d70ddc1d90234788403666bb944David Lawrence Portions Copyright [yyyy] [name of copyright owner]
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas GustafssonCDDL HEADER END
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson Copyright 2009-2010 Sun Microsystems, Inc.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson Portions Copyright 2010-2011 ForgeRock AS
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson--------------------------------------------------------------------
828a5beda384130d5e2913dadd862924c53405bfAndreas Gustafsson
855bda3de3bf5d55288f7a1dc57df58b5ac780b0Andreas Gustafsson
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid LawrenceUnless otherwise noted, all files in this distribution are released
828a5beda384130d5e2913dadd862924c53405bfAndreas Gustafssonunder the Common Development and Distribution License (CDDL).
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas GustafssonExceptions are noted within the associated source files.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson--------------------------------------------------------------------
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas GustafssonCOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson1. Definitions.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.1. "Contributor" means each individual or entity that creates
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson or contributes to the creation of Modifications.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.2. "Contributor Version" means the combination of the Original
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Software, prior Modifications used by a Contributor (if any),
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley and the Modifications made by that particular Contributor.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.3. "Covered Software" means (a) the Original Software, or (b)
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Modifications, or (c) the combination of files containing
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Original Software with files containing Modifications, in
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley each case including portions thereof.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
5fbced719b71e659322b4ce3e4a39c9b039674c7Bob Halley 1.4. "Executable" means the Covered Software in any form other
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley than Source Code.
81e92fbafaa07bd8ccbbeb4b5926d548b5c4560eDavid Lawrence
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.5. "Initial Developer" means the individual or entity that first
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson makes Original Software available under this License.
81e92fbafaa07bd8ccbbeb4b5926d548b5c4560eDavid Lawrence
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.6. "Larger Work" means a work which combines Covered Software or
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson portions thereof with code not governed by the terms of this
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson License.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley 1.7. "License" means this document.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 1.8. "Licensable" means having the right to grant, to the maximum
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson extent possible, whether at the time of the initial grant or
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley subsequently acquired, any and all of the rights conveyed
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley herein.
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley 1.9. "Modifications" means the Source Code and Executable form of
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence any of the following:
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence A. Any file that results from an addition to, deletion from or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence modification of the contents of a file containing Original
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Software or previous Modifications;
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence B. Any new file that contains any part of the Original
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Software or previous Modifications; or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley C. Any new file that is contributed or otherwise made
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence available under the terms of this License.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley 1.10. "Original Software" means the Source Code and Executable
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley form of computer software code that is originally released
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence under this License.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 1.11. "Patent Claims" means any patent claim(s), now owned or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence hereafter acquired, including without limitation, method,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence process, and apparatus claims, in any patent Licensable by
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence grantor.
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley 1.12. "Source Code" means (a) the common form of computer software
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley code in which modifications are made and (b) associated
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence documentation included in or with such code.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 1.13. "You" (or "Your") means an individual or a legal entity
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence exercising rights under, and complying with all of the terms
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence of, this License. For legal entities, "You" includes any
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence entity which controls, is controlled by, or is under common
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence control with You. For purposes of this definition,
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley "control" means (a) the power, direct or indirect, to cause
efd6c944a4ebd3fb65dc39f9172d322198b2b1d3Bob Halley the direction or management of such entity, whether by
efd6c944a4ebd3fb65dc39f9172d322198b2b1d3Bob Halley contract or otherwise, or (b) ownership of more than fifty
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley percent (50%) of the outstanding shares or beneficial
d7e7a17b7619a6de52951d095d3ee6463df41dfaDavid Lawrence ownership of such entity.
d7e7a17b7619a6de52951d095d3ee6463df41dfaDavid Lawrence
d7e7a17b7619a6de52951d095d3ee6463df41dfaDavid Lawrence2. License Grants.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley 2.1. The Initial Developer Grant.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Conditioned upon Your compliance with Section 3.1 below and
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence subject to third party intellectual property claims, the Initial
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Developer hereby grants You a world-wide, royalty-free,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence non-exclusive license:
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence (a) under intellectual property rights (other than patent or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence trademark) Licensable by Initial Developer, to use,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence reproduce, modify, display, perform, sublicense and
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley distribute the Original Software (or portions thereof),
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley with or without Modifications, and/or as part of a Larger
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Work; and
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley (b) under Patent Claims infringed by the making, using or
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley selling of Original Software, to make, have made, use,
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley practice, sell, and offer for sale, and/or otherwise
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley dispose of the Original Software (or portions thereof).
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley (c) The licenses granted in Sections 2.1(a) and (b) are
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley effective on the date Initial Developer first distributes
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley or otherwise makes the Original Software available to a
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley third party under the terms of this License.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley (d) Notwithstanding Section 2.1(b) above, no patent license is
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley granted: (1) for code that You delete from the Original
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Software, or (2) for infringements caused by: (i) the
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley modification of the Original Software, or (ii) the
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence combination of the Original Software with other software
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley or devices.
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley 2.2. Contributor Grant.
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Conditioned upon Your compliance with Section 3.1 below and
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley subject to third party intellectual property claims, each
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Contributor hereby grants You a world-wide, royalty-free,
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley non-exclusive license:
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley (a) under intellectual property rights (other than patent or
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley trademark) Licensable by Contributor to use, reproduce,
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley modify, display, perform, sublicense and distribute the
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Modifications created by such Contributor (or portions
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley thereof), either on an unmodified basis, with other
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Modifications, as Covered Software and/or as part of a
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Larger Work; and
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
d7e7a17b7619a6de52951d095d3ee6463df41dfaDavid Lawrence (b) under Patent Claims infringed by the making, using, or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence selling of Modifications made by that Contributor either
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence alone and/or in combination with its Contributor Version
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence (or portions of such combination), to make, use, sell,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence offer for sale, have made, and/or otherwise dispose of:
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence (1) Modifications made by that Contributor (or portions
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley thereof); and (2) the combination of Modifications made by
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley that Contributor with its Contributor Version (or portions
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley of such combination).
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley effective on the date Contributor first distributes or
d7e7a17b7619a6de52951d095d3ee6463df41dfaDavid Lawrence otherwise makes the Modifications available to a third
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley party.
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley (d) Notwithstanding Section 2.2(b) above, no patent license is
19ba7857f6bf38619eda1f1dae0eb05a6cdd2b77Bob Halley granted: (1) for any code that Contributor has deleted
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence from the Contributor Version; (2) for infringements caused
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence by: (i) third party modifications of Contributor Version,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence or (ii) the combination of Modifications made by that
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Contributor with other software (except as part of the
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Contributor Version) or other devices; or (3) under Patent
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Claims infringed by Covered Software in the absence of
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Modifications made by that Contributor.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence3. Distribution Obligations.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 3.1. Availability of Source Code.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Any Covered Software that You distribute or otherwise make
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence available in Executable form must also be made available in Source
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Code form and that Source Code form must be distributed only under
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence the terms of this License. You must include a copy of this
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence License with every copy of the Source Code form of the Covered
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Software You distribute or otherwise make available. You must
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence inform recipients of any such Covered Software in Executable form
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence as to how they can obtain such Covered Software in Source Code
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence form in a reasonable manner on or through a medium customarily
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence used for software exchange.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 3.2. Modifications.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence The Modifications that You create or to which You contribute are
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence governed by the terms of this License. You represent that You
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence believe Your Modifications are Your original creation(s) and/or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence You have sufficient rights to grant the rights conveyed by this
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence License.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 3.3. Required Notices.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence You must include a notice in each of Your Modifications that
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence identifies You as the Contributor of the Modification. You may
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence not remove or alter any copyright, patent or trademark notices
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence contained within the Covered Software, or any notices of licensing
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence or any descriptive text giving attribution to any Contributor or
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley the Initial Developer.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley 3.4. Application of Additional Terms.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence You may not offer or impose any terms on any Covered Software in
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Source Code form that alters or restricts the applicable version
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley of this License or the recipients' rights hereunder. You may
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley choose to offer, and to charge a fee for, warranty, support,
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley indemnity or liability obligations to one or more recipients of
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Covered Software. However, you may do so only on Your own behalf,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence and not on behalf of the Initial Developer or any Contributor.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence You must make it absolutely clear that any such warranty, support,
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley indemnity or liability obligation is offered by You alone, and You
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson hereby agree to indemnify the Initial Developer and every
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson Contributor for any liability incurred by the Initial Developer or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence such Contributor as a result of warranty, support, indemnity or
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence liability terms You offer.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 3.5. Distribution of Executable Versions.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence You may distribute the Executable form of the Covered Software
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence under the terms of this License or under the terms of a license of
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Your choice, which may contain terms different from this License,
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence provided that You are in compliance with the terms of this License
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence and that the license for the Executable form does not attempt to
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence limit or alter the recipient's rights in the Source Code form from
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence the rights set forth in this License. If You distribute the
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Covered Software in Executable form under a different license, You
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence must make it absolutely clear that any terms which differ from
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence this License are offered by You alone, not by the Initial
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Developer or Contributor. You hereby agree to indemnify the
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence Initial Developer and every Contributor for any liability incurred
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence by the Initial Developer or such Contributor as a result of any
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence such terms You offer.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson 3.6. Larger Works.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson You may create a Larger Work by combining Covered Software with
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson other code not governed by the terms of this License and
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson distribute the Larger Work as a single product. In such a case,
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson You must make sure the requirements of this License are fulfilled
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson for the Covered Software.
5a6e6c2c9b2f6cf426aa2a682aa800765e26d540Andreas Gustafsson
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley4. Versions of the License.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence 4.1. New Versions.
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley Sun Microsystems, Inc. is the initial license steward and may
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley publish revised and/or new versions of this License from time to
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley time. Each version will be given a distinguishing version number.
178f6ad061e54bc5babfca3577f72058fa0797c1Bob Halley Except as provided in Section 4.3, no one other than the license
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence steward has the right to modify this License.
541ed6feaf687e97990ad19748faeec744158559David Lawrence
541ed6feaf687e97990ad19748faeec744158559David Lawrence 4.2. Effect of New Versions.
541ed6feaf687e97990ad19748faeec744158559David Lawrence
541ed6feaf687e97990ad19748faeec744158559David Lawrence You may always continue to use, distribute or otherwise make the
541ed6feaf687e97990ad19748faeec744158559David Lawrence Covered Software available under the terms of the version of the
541ed6feaf687e97990ad19748faeec744158559David Lawrence License under which You originally received the Covered Software.
541ed6feaf687e97990ad19748faeec744158559David Lawrence If the Initial Developer includes a notice in the Original
541ed6feaf687e97990ad19748faeec744158559David Lawrence Software prohibiting it from being distributed or otherwise made
541ed6feaf687e97990ad19748faeec744158559David Lawrence available under any subsequent version of the License, You must
541ed6feaf687e97990ad19748faeec744158559David Lawrence distribute and make the Covered Software available under the terms
541ed6feaf687e97990ad19748faeec744158559David Lawrence of the version of the License under which You originally received
541ed6feaf687e97990ad19748faeec744158559David Lawrence the Covered Software. Otherwise, You may also choose to use,
541ed6feaf687e97990ad19748faeec744158559David Lawrence distribute or otherwise make the Covered Software available under
541ed6feaf687e97990ad19748faeec744158559David Lawrence the terms of any subsequent version of the License published by
541ed6feaf687e97990ad19748faeec744158559David Lawrence the license steward.
541ed6feaf687e97990ad19748faeec744158559David Lawrence
541ed6feaf687e97990ad19748faeec744158559David Lawrence 4.3. Modified Versions.
541ed6feaf687e97990ad19748faeec744158559David Lawrence
541ed6feaf687e97990ad19748faeec744158559David Lawrence When You are an Initial Developer and You want to create a new
541ed6feaf687e97990ad19748faeec744158559David Lawrence license for Your Original Software, You may create and use a
e85ffb301b294d70ddc1d90234788403666bb944David Lawrence modified version of this License if You: (a) rename the license
e85ffb301b294d70ddc1d90234788403666bb944David Lawrence and remove any references to the name of the license steward
e85ffb301b294d70ddc1d90234788403666bb944David Lawrence (except to note that the license differs from this License); and
541ed6feaf687e97990ad19748faeec744158559David Lawrence (b) otherwise make it clear that the license contains terms which
541ed6feaf687e97990ad19748faeec744158559David Lawrence differ from this License.
541ed6feaf687e97990ad19748faeec744158559David Lawrence
541ed6feaf687e97990ad19748faeec744158559David Lawrence5. DISCLAIMER OF WARRANTY.
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
59a6d9cbcdbec6960d47e5871fb7e7c0253e1fb2Mark Andrews INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
59a6d9cbcdbec6960d47e5871fb7e7c0253e1fb2Mark Andrews SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
4b598d8ae578861d5f3fc1333c9f84c9c9c8be7cDavid Lawrence ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
b897c52f865b2fc4e220e2110b874e59c716456bBob Halley 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.
--------------------------------------------------------------------
SUN MICROSYSTEMS, INC. SOFTWARE LICENSE AGREEMENTS
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE BELOW DEFINED SOFTWARE
TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT").
PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS
SOFTWARE, YOU ACCEPT THE FULL TERMS OF THE AGREEMENT.
1. Definitions.
"Software" means all the portions of the OpenDS distribution provided by Sun
only in binary code form, and including any updates or error corrections or
documentation provided by Sun under this Agreement.
2. Permitted Uses.
Subject to the terms and conditions of this Agreement and restrictions and
exceptions set forth in the Software's documentation, Sun grants you a
non-exclusive, non-transferable, limited license without fees to
(a) reproduce and use internally the Software for the purposes of developing
or running OpenDS or modified versions of OpenDS.
(b) reproduce and distribute the Software (and also portions of Software
identified as Redistributable in the documentation accompanying Software),
provided that you
(i) distribute the Software or Redistributables bundled as part of, and for
the sole purpose of running, OpenDS or modified versions of OpenDS;
(ii) do not remove or alter any proprietary legends or notices contained in
or on the Software or Redistributables,
(iii) only distribute the Software or Redistributables subject to a license
agreement that protects Sun's interests consistent with the terms contained in
this Agreement, and
(iv) 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, Software, or Redistributables.
3. Restrictions.
(a) The copies of Software provided to you under this Agreement is licensed,
not sold, to you by Sun. Sun reserves all rights not expressly granted.
(b) You may not modify Software. However if the 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 documentation.
(c) You may not rent, lease, lend or encumber Software.
(d) you do not remove or alter any proprietary legends or notices contained
in the Software,
(e) Unless enforcement is prohibited by applicable law, you may not decompile,
or reverse engineer Software.
(f) 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.
(g) Software is confidential and copyrighted.
(h) 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.
(i) 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.
(j) If your Permitted Use in this Agreement permits the distribution Software
or portions of the Software, you may only distribute the Software subject to
a license agreement that protects Sun's interests consistent with the terms
contained in this Agreement.
4. 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.
5. Term and Termination.
The Agreement is effective on the Date you receive the Software and remains
effective until terminated. 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, 3, 4, 5, and 7-13 will survive termination of the Agreement.
6. Limited Warranty.
Sun warrants to you that for a period of 90 days from the date of 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.
7. 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.
8. 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.
9. 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.
10. 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).
11. 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.
12. 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.
13. Integration.
This Agreement 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.
--------------------------------------------------------------------
/*-
* $Id: LICENSE,v 1.5 2006/01/03 21:55:06 bostic Exp $
*/
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 Sleepycat Software
by email at info@sleepycat.com, or on the Web at http://www.sleepycat.com.
=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
/*
* Copyright (c) 2002-2006
* Sleepycat Software. 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 SLEEPYCAT SOFTWARE ``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 SLEEPYCAT 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.
*/
--------------------------------------------------------------------
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.