2035N/A 1.0.1. "Commercial Use" means distribution or otherwise making the
2035N/A Covered Code available to a third party.
2035N/A 1.1. "Contributor" means each entity that creates or contributes to
2035N/A the creation of Modifications.
2035N/A 1.2. "Contributor Version" means the combination of the Original
2035N/A Code, prior Modifications used by a Contributor, and the Modifications
2035N/A made by that particular Contributor.
2035N/A 1.3. "Covered Code" means the Original Code or Modifications or the
2035N/A combination of the Original Code and Modifications, in each case
2035N/A including portions thereof.
2035N/A 1.4. "Electronic Distribution Mechanism" means a mechanism generally
2035N/A accepted in the software development community for the electronic
2035N/A 1.5. "Executable" means Covered Code in any form other than Source
2035N/A 1.6. "Initial Developer" means the individual or entity identified
2035N/A as the Initial Developer in the Source Code notice required by Exhibit
2035N/A 1.7. "Larger Work" means a work which combines Covered Code or
2035N/A portions thereof with code not governed by the terms of this License.
2035N/A 1.8. "License" means this document.
2035N/A 1.8.1. "Licensable" means having the right to grant, to the maximum
2035N/A extent possible, whether at the time of the initial grant or
2035N/A subsequently acquired, any and all of the rights conveyed herein.
2035N/A 1.9. "Modifications" means any addition to or deletion from the
2035N/A substance or structure of either the Original Code or any previous
2035N/A Modifications. When Covered Code is released as a series of files, a
2035N/A A. Any addition to or deletion from the contents of a file
2035N/A containing Original Code or previous Modifications.
2035N/A B. Any new file that contains any part of the Original Code or
2035N/A 1.10. "Original Code" means Source Code of computer software code
2035N/A which is described in the Source Code notice required by Exhibit A as
2035N/A Original Code, and which, at the time of its release under this
2035N/A License is not already Covered Code governed by this License.
2035N/A 1.10.1. "Patent Claims" means any patent claim(s), now owned or
2035N/A hereafter acquired, including without limitation, method, process,
2035N/A and apparatus claims, in any patent Licensable by grantor.
2035N/A 1.11. "Source Code" means the preferred form of the Covered Code for
2035N/A making modifications to it, including all modules it contains, plus
2035N/A any associated interface definition files, scripts used to control
2035N/A compilation and installation of an Executable, or source code
2035N/A differential comparisons against either the Original Code or another
2035N/A well known, available Covered Code of the Contributor's choice. The
2035N/A Source Code can be in a compressed or archival form, provided the
2035N/A appropriate decompression or de-archiving software is widely available
2035N/A 1.12. "You" (or "Your") means an individual or a legal entity
2035N/A exercising rights under, and complying with all of the terms of, this
2035N/A License or a future version of this License issued under Section 6.1.
2035N/A For legal entities, "You" includes any entity which controls, is
2035N/A controlled by, or is under common control with You. For purposes of
2035N/A this definition, "control" means (a) the power, direct or indirect,
2035N/A to cause the direction or management of such entity, whether by
2035N/A contract or otherwise, or (b) ownership of more than fifty percent
2035N/A (50%) of the outstanding shares or beneficial ownership of such
2035N/A 2.1. The Initial Developer Grant.
2035N/A The Initial Developer hereby grants You a world-wide, royalty-free,
2035N/A non-exclusive license, subject to third party intellectual property
2035N/A (a) under intellectual property rights (other than patent or
2035N/A trademark) Licensable by Initial Developer to use, reproduce,
2035N/A modify, display, perform, sublicense and distribute the Original
2035N/A Code (or portions thereof) with or without Modifications,
and/or 2035N/A as part of a Larger Work; and
2035N/A (b) under Patents Claims infringed by the making, using or
2035N/A selling of Original Code, to make, have made, use, practice,
2035N/A sell, and offer for sale,
and/or otherwise dispose of the
2035N/A Original Code (or portions thereof).
2035N/A (c) the licenses granted in this Section 2.1(a) and (b) are
2035N/A effective on the date Initial Developer first distributes
2035N/A Original Code under the terms of this License.
2035N/A (d) Notwithstanding Section 2.1(b) above, no patent license is
2035N/A granted: 1) for code that You delete from the Original Code; 2)
2035N/A separate from the Original Code; or 3) for infringements caused
2035N/A by: i) the modification of the Original Code or ii) the
2035N/A combination of the Original Code with other software or devices.
2035N/A Subject to third party intellectual property claims, each Contributor
2035N/A hereby grants You a world-wide, royalty-free, non-exclusive license
2035N/A (a) under intellectual property rights (other than patent or
2035N/A trademark) Licensable by Contributor, to use, reproduce, modify,
2035N/A display, perform, sublicense and distribute the Modifications
2035N/A created by such Contributor (or portions thereof) either on an
2035N/A unmodified basis, with other Modifications, as Covered Code
2035N/A (b) under Patent Claims infringed by the making, using, or
2035N/A selling of Modifications made by that Contributor either alone
2035N/A and/or in combination with its Contributor Version (or portions
2035N/A of such combination), to make, use, sell, offer for sale, have
2035N/A made,
and/or otherwise dispose of: 1) Modifications made by that
2035N/A Contributor (or portions thereof); and 2) the combination of
2035N/A Modifications made by that Contributor with its Contributor
2035N/A Version (or portions of such combination).
2035N/A (c) the licenses granted in Sections 2.2(a) and 2.2(b) are
2035N/A effective on the date Contributor first makes Commercial Use of
2035N/A (d) Notwithstanding Section 2.2(b) above, no patent license is
2035N/A granted: 1) for any code that Contributor has deleted from the
2035N/A Contributor Version; 2) separate from the Contributor Version;
2035N/A 3) for infringements caused by: i) third party modifications of
2035N/A Contributor Version or ii) the combination of Modifications made
2035N/A by that Contributor with other software (except as part of the
2035N/A Contributor Version) or other devices; or 4) under Patent Claims
2035N/A infringed by Covered Code in the absence of Modifications made by
2035N/A3. Distribution Obligations.
2035N/A 3.1. Application of License.
2035N/A The Modifications which You create or to which You contribute are
2035N/A governed by the terms of this License, including without limitation
2035N/A Section 2.2. The Source Code version of Covered Code may be
2035N/A distributed only under the terms of this License or a future version
2035N/A of this License released under Section 6.1, and You must include a
2035N/A copy of this License with every copy of the Source Code You
2035N/A distribute. You may not offer or impose any terms on any Source Code
2035N/A version that alters or restricts the applicable version of this
2035N/A License or the recipients' rights hereunder. However, You may include
2035N/A an additional document offering the additional rights described in
2035N/A 3.2. Availability of Source Code.
2035N/A Any Modification which You create or to which You contribute must be
2035N/A made available in Source Code form under the terms of this License
2035N/A either on the same media as an Executable version or via an accepted
2035N/A Electronic Distribution Mechanism to anyone to whom you made an
2035N/A Executable version available; and if made available via Electronic
2035N/A Distribution Mechanism, must remain available for at least twelve (12)
2035N/A months after the date it initially became available, or at least six
2035N/A (6) months after a subsequent version of that particular Modification
2035N/A has been made available to such recipients. You are responsible for
2035N/A ensuring that the Source Code version remains available even if the
2035N/A Electronic Distribution Mechanism is maintained by a third party.
2035N/A 3.3. Description of Modifications.
2035N/A You must cause all Covered Code to which You contribute to contain a
2035N/A file documenting the changes You made to create that Covered Code and
2035N/A the date of any change. You must include a prominent statement that
2035N/A the Modification is derived, directly or indirectly, from Original
2035N/A Code provided by the Initial Developer and including the name of the
2035N/A Initial Developer in (a) the Source Code, and (b) in any notice in an
2035N/A Executable version or related documentation in which You describe the
2035N/A origin or ownership of the Covered Code.
2035N/A 3.4. Intellectual Property Matters
2035N/A If Contributor has knowledge that a license under a third party's
2035N/A intellectual property rights is required to exercise the rights
2035N/A granted by such Contributor under Sections 2.1 or 2.2,
2035N/A Contributor must include a text file with the Source Code
2035N/A distribution titled "LEGAL" which describes the claim and the
2035N/A party making the claim in sufficient detail that a recipient will
2035N/A know whom to contact. If Contributor obtains such knowledge after
2035N/A the Modification is made available as described in Section 3.2,
2035N/A Contributor shall promptly modify the LEGAL file in all copies
2035N/A Contributor makes available thereafter and shall take other steps
2035N/A (such as notifying appropriate mailing lists or newsgroups)
2035N/A reasonably calculated to inform those who received the Covered
2035N/A Code that new knowledge has been obtained.
2035N/A If Contributor's Modifications include an application programming
2035N/A interface and Contributor has knowledge of patent licenses which
2035N/A are reasonably necessary to implement that API, Contributor must
2035N/A also include this information in the LEGAL file.
2035N/A Contributor represents that, except as disclosed pursuant to
2035N/A Section 3.4(a) above, Contributor believes that Contributor's
2035N/A Modifications are Contributor's original creation(s)
and/or 2035N/A Contributor has sufficient rights to grant the rights conveyed by
2035N/A You must duplicate the notice in Exhibit A in each file of the Source
2035N/A Code. If it is not possible to put such notice in a particular Source
2035N/A Code file due to its structure, then You must include such notice in a
2035N/A location (such as a relevant directory) where a user would be likely
2035N/A to look for such a notice. If You created one or more Modification(s)
2035N/A You may add your name as a Contributor to the notice described in
2035N/A Exhibit A. You must also duplicate this License in any documentation
2035N/A for the Source Code where You describe recipients' rights or ownership
2035N/A rights relating to Covered Code. You may choose to offer, and to
2035N/A charge a fee for, warranty, support, indemnity or liability
2035N/A obligations to one or more recipients of Covered Code. However, You
2035N/A may do so only on Your own behalf, and not on behalf of the Initial
2035N/A Developer or any Contributor. You must make it absolutely clear than
2035N/A any such warranty, support, indemnity or liability obligation is
2035N/A offered by You alone, and You hereby agree to indemnify the Initial
2035N/A Developer and every Contributor for any liability incurred by the
2035N/A Initial Developer or such Contributor as a result of warranty,
2035N/A support, indemnity or liability terms You offer.
2035N/A 3.6. Distribution of Executable Versions.
2035N/A You may distribute Covered Code in Executable form only if the
2035N/A requirements of Section 3.1-3.5 have been met for that Covered Code,
2035N/A and if You include a notice stating that the Source Code version of
2035N/A the Covered Code is available under the terms of this License,
2035N/A including a description of how and where You have fulfilled the
2035N/A obligations of Section 3.2. The notice must be conspicuously included
2035N/A in any notice in an Executable version, related documentation or
2035N/A collateral in which You describe recipients' rights relating to the
2035N/A Covered Code. You may distribute the Executable version of Covered
2035N/A Code or ownership rights under a license of Your choice, which may
2035N/A contain terms different from this License, provided that You are in
2035N/A compliance with the terms of this License and that the license for the
2035N/A Executable version does not attempt to limit or alter the recipient's
2035N/A rights in the Source Code version from the rights set forth in this
2035N/A License. If You distribute the Executable version under a different
2035N/A license You must make it absolutely clear that any terms which differ
2035N/A from this License are offered by You alone, not by the Initial
2035N/A Developer or any Contributor. You hereby agree to indemnify the
2035N/A Initial Developer and every Contributor for any liability incurred by
2035N/A the Initial Developer or such Contributor as a result of any such
2035N/A You may create a Larger Work by combining Covered Code with other code
2035N/A not governed by the terms of this License and distribute the Larger
2035N/A Work as a single product. In such a case, You must make sure the
2035N/A requirements of this License are fulfilled for the Covered Code.
2035N/A4. Inability to Comply Due to Statute or Regulation.
2035N/A If it is impossible for You to comply with any of the terms of this
2035N/A License with respect to some or all of the Covered Code due to
2035N/A statute, judicial order, or regulation then You must: (a) comply with
2035N/A the terms of this License to the maximum extent possible; and (b)
2035N/A describe the limitations and the code they affect. Such description
2035N/A must be included in the LEGAL file described in Section 3.4 and must
2035N/A be included with all distributions of the Source Code. Except to the
2035N/A extent prohibited by statute or regulation, such description must be
2035N/A sufficiently detailed for a recipient of ordinary skill to be able to
2035N/A5. Application of this License.
2035N/A This License applies to code to which the Initial Developer has
2035N/A attached the notice in Exhibit A and to related Covered Code.
2035N/A Netscape Communications Corporation ("Netscape") may publish revised
2035N/A and/or new versions of the License from time to time. Each version
2035N/A will be given a distinguishing version number.
2035N/A 6.2. Effect of New Versions.
2035N/A Once Covered Code has been published under a particular version of the
2035N/A License, You may always continue to use it under the terms of that
2035N/A version. You may also choose to use such Covered Code under the terms
2035N/A of any subsequent version of the License published by Netscape. No one
2035N/A other than Netscape has the right to modify the terms applicable to
2035N/A Covered Code created under this License.
2035N/A If You create or use a modified version of this License (which you may
2035N/A only do in order to apply it to code which is not already Covered Code
2035N/A governed by this License), You must (a) rename Your license so that
2035N/A the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",
2035N/A "MPL", "NPL" or any confusingly similar phrase do not appear in your
2035N/A license (except to note that your license differs from this License)
2035N/A and (b) otherwise make it clear that Your version of the license
2035N/A contains terms which differ from the Mozilla Public License and
2035N/A Netscape Public License. (Filling in the name of the Initial
2035N/A Developer, Original Code or Contributor in the notice described in
2035N/A Exhibit A shall not of themselves be deemed to be modifications of
2035N/A COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
2035N/A WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
2035N/A WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
2035N/A DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
2035N/A THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
2035N/A IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
2035N/A YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
2035N/A COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
2035N/A OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
2035N/A ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
2035N/A 8.1. This License and the rights granted hereunder will terminate
2035N/A automatically if You fail to comply with terms herein and fail to cure
2035N/A such breach within 30 days of becoming aware of the breach. All
2035N/A sublicenses to the Covered Code which are properly granted shall
2035N/A survive any termination of this License. Provisions which, by their
2035N/A nature, must remain in effect beyond the termination of this License
2035N/A 8.2. If You initiate litigation by asserting a patent infringement
2035N/A claim (excluding declatory judgment actions) against Initial Developer
2035N/A or a Contributor (the Initial Developer or Contributor against whom
2035N/A You file such action is referred to as "Participant") alleging that:
2035N/A (a) such Participant's Contributor Version directly or indirectly
2035N/A infringes any patent, then any and all rights granted by such
2035N/A Participant to You under Sections 2.1
and/or 2.2 of this License
2035N/A shall, upon 60 days notice from Participant terminate prospectively,
2035N/A unless if within 60 days after receipt of notice You either: (i)
2035N/A agree in writing to pay Participant a mutually agreeable reasonable
2035N/A royalty for Your past and future use of Modifications made by such
2035N/A Participant, or (ii) withdraw Your litigation claim with respect to
2035N/A the Contributor Version against such Participant. If within 60 days
2035N/A of notice, a reasonable royalty and payment arrangement are not
2035N/A mutually agreed upon in writing by the parties or the litigation claim
2035N/A is not withdrawn, the rights granted by Participant to You under
2035N/A Sections 2.1
and/or 2.2 automatically terminate at the expiration of
2035N/A the 60 day notice period specified above.
2035N/A (b) any software, hardware, or device, other than such Participant's
2035N/A Contributor Version, directly or indirectly infringes any patent, then
2035N/A any rights granted to You by such Participant under Sections 2.1(b)
2035N/A and 2.2(b) are revoked effective as of the date You first made, used,
2035N/A sold, distributed, or had made, Modifications made by that
2035N/A 8.3. If You assert a patent infringement claim against Participant
2035N/A alleging that such Participant's Contributor Version directly or
2035N/A indirectly infringes any patent where such claim is resolved (such as
2035N/A by license or settlement) prior to the initiation of patent
2035N/A infringement litigation, then the reasonable value of the licenses
2035N/A granted by such Participant under Sections 2.1 or 2.2 shall be taken
2035N/A into account in determining the amount or value of any payment or
2035N/A 8.4. In the event of termination under Sections 8.1 or 8.2 above,
2035N/A all end user license agreements (excluding distributors and resellers)
2035N/A which have been validly granted by You or any distributor hereunder
2035N/A prior to termination shall survive termination.
2035N/A UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
2035N/A (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
2035N/A DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
2035N/A OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
2035N/A ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
2035N/A CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
2035N/A WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
2035N/A COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
2035N/A INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
2035N/A LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
2035N/A RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
2035N/A PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
2035N/A EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
2035N/A THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
2035N/A The Covered Code is a "commercial item," as that term is defined in
2035N/A 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
2035N/A software" and "commercial computer software documentation," as such
2035N/A terms are used in 48
C.F.R. 12.212 (Sept. 1995). Consistent with 48
2035N/A all
U.S. Government End Users acquire Covered Code with only those
2035N/A This License represents the complete agreement concerning subject
2035N/A matter hereof. If any provision of this License is held to be
2035N/A unenforceable, such provision shall be reformed only to the extent
2035N/A necessary to make it enforceable. This License shall be governed by
2035N/A California law provisions (except to the extent applicable law, if
2035N/A any, provides otherwise), excluding its conflict-of-law provisions.
2035N/A With respect to disputes in which at least one party is a citizen of,
2035N/A or an entity chartered or registered to do business in the United
2035N/A States of America, any litigation relating to this License shall be
2035N/A subject to the jurisdiction of the Federal Courts of the Northern
2035N/A District of California, with venue lying in Santa Clara County,
2035N/A California, with the losing party responsible for costs, including
2035N/A without limitation, court costs and reasonable attorneys' fees and
2035N/A expenses. The application of the United Nations Convention on
2035N/A Contracts for the International Sale of Goods is expressly excluded.
2035N/A Any law or regulation which provides that the language of a contract
2035N/A shall be construed against the drafter shall not apply to this
2035N/A12. RESPONSIBILITY FOR CLAIMS.
2035N/A As between Initial Developer and the Contributors, each party is
2035N/A responsible for claims and damages arising, directly or indirectly,
2035N/A out of its utilization of rights under this License and You agree to
2035N/A work with Initial Developer and Contributors to distribute such
2035N/A responsibility on an equitable basis. Nothing herein is intended or
2035N/A shall be deemed to constitute any admission of liability.
2035N/A Initial Developer may designate portions of the Covered Code as
2035N/A "Multiple-Licensed". "Multiple-Licensed" means that the Initial
2035N/A Developer permits you to utilize portions of the Covered Code under
2035N/A Your choice of the NPL or the alternative licenses, if any, specified
2035N/A by the Initial Developer in the file described in Exhibit A.
2035N/AEXHIBIT A -Mozilla Public License.
2035N/A ``The contents of this file are subject to the Mozilla Public License
2035N/A Version 1.1 (the "License"); you may not use this file except in
2035N/A compliance with the License. You may obtain a copy of the License at
2035N/A Software distributed under the License is distributed on an "AS IS"
2035N/A basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
2035N/A License for the specific language governing rights and limitations
2035N/A The Original Code is RabbitMQ.
2035N/A The Initial Developers of the Original Code are LShift Ltd,
2035N/A Cohesive Financial Technologies LLC, and Rabbit Technologies Ltd.
2035N/A Portions created before 22-Nov-2008 00:00:00 GMT by LShift Ltd,
2035N/A Cohesive Financial Technologies LLC, or Rabbit Technologies Ltd
2035N/A are Copyright (C) 2007-2008 LShift Ltd, Cohesive Financial
2035N/A Technologies LLC, and Rabbit Technologies Ltd.
2035N/A Portions created by LShift Ltd are Copyright (C) 2007-2009 LShift
2035N/A Ltd. Portions created by Cohesive Financial Technologies LLC are
2035N/A Copyright (C) 2007-2009 Cohesive Financial Technologies
2035N/A LLC. Portions created by Rabbit Technologies Ltd are Copyright
2035N/A (C) 2007-2009 Rabbit Technologies Ltd.
2035N/A Contributor(s): ______________________________________.''
2035N/A [NOTE: The text of this Exhibit A may differ slightly from the text of
2035N/A the notices in the Source Code files of the Original Code. You should
2035N/A use the text of this Exhibit A rather than the text found in the
2035N/A Original Code Source Code for Your Modifications.]
2035N/A--------------------------------------------------------------------------
2035N/A Portions created by VMware are Copyright (c) 2007-2012 VMware, Inc.
2035N/A Portions created by Tony Garnock-Jones are Copyright (c) 2009-2010
2035N/A VMware, Inc. and Tony Garnock-Jones. All Rights Reserved.
2035N/A Permission is hereby granted, free of charge, to any person
2035N/A obtaining a copy of this software and associated documentation
2035N/A files (the "Software"), to deal in the Software without
2035N/A restriction, including without limitation the rights to use, copy,
2035N/A modify, merge, publish, distribute, sublicense,
and/or sell copies
2035N/A of the Software, and to permit persons to whom the Software is
2035N/A furnished to do so, subject to the following conditions:
2035N/A The above copyright notice and this permission notice shall be
2035N/A included in all copies or substantial portions of the Software.
2035N/A THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
2035N/A EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
2035N/A MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
2035N/A NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
2035N/A BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
2035N/A ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
2035N/A CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE