Terms Of Use

Arcserve (USA), LLC and/or its affiliates or subsidiaries ("Arcserve")

 

End User License Agreement (the "Agreement") for the Arcserve software product that is being installed as well as the associated documentation and any SDK, as defined below, included within the product ("the Product").

 

Carefully read the following terms and conditions regarding your use of the Product before installing and using the Product.  Throughout this Agreement, you will be referred to as "You" or "Licensee." 

 

By selecting the "I accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, you are

 

(I) Representing that you are not a minor, and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative of your employer, as applicable, to be bound by this Agreement. 

 

By selecting the "I do NOT accept the terms of the License Agreement" radio button below, and then clicking on the "Cancel" button, the installation process will cease.

 

1.  Arcserve (or where the Product is being supplied outside of North America the Arcserve subsidiary identified after Section 15 below for the country in which the Product is being supplied, and in such instance Arcserve shall mean the Arcserve subsidiary identified) provides Licensee with one copy of the Product, for use by a single user, or the quantity designated as the authorized use limitation ("Authorized Use Limitation") on any Order Form (defined below) referencing the terms of this Agreement or CD sleeve included within the Product box.  Arcserve licenses the Product to Licensee on a non-exclusive basis, pursuant to the terms of this Agreement as well as the terms of (a) any Arcserve Order Form or Registration Form which has been signed by Licensee and Arcserve; or (b) a License Program Certificate which is provided by Arcserve to Licensee, as applicable (each hereafter referred to as the "Order Form").

 

2.  If the Product is an alpha or beta version of the program, hereinafter referred to as the "beta program" or "beta version" and not generally available to date, Arcserve does not guarantee that the generally available release will be identical to the beta program or that the generally available release will not require reinstallation.  Licensee agrees that if it registers for support or if otherwise required by Arcserve, Licensee shall provide Arcserve with specific information concerning Licensee’s experiences with the operation of the Product.  Licensee agrees and acknowledges that the beta version of the Product (a) is to be used only for testing purposes and not to perform any production activities unless Arcserve shall have otherwise approved in writing and (b) has not been tested or debugged and is experimental and that the documentation may be in draft form and will, in many cases, be incomplete.  Licensee agrees that Arcserve makes no representations regarding the completeness, accuracy or Licensee’s use or operation of the beta version of the Product.  BETA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR NON-INFRINGEMENT. If Licensee is also a Tester of the beta version of the Product (as "Tester" is defined by the Beta Testing Agreement that was agreed to by Licensee during the registration process before obtaining the beta version of the Product), Licensee agrees that the terms of this Agreement are in addition to, and do not supersede, the terms of the Beta Testing Agreement.

If the Product is a No Charge Edition of the UDP software for workstations, then this edition runs in a limited capability mode, with limited support and maintenance for some languages that UDP v5 presently supports. It is possible to upgrade to a paid version of the Product to enable functions that are disabled in the No Charge Edition. Support options and languages supported for the No Charge Edition of UDP workstation are subject to change without notice.

 

3.  If the Product is being licensed on a trial or evaluation basis, Licensee agrees to use the Product solely for evaluation purposes, in accordance with the usage restrictions set forth in Section 1, for a thirty-day evaluation period unless a different period is otherwise noted (the "Trial Period").  At the end of the Trial Period, Licensee’s right to use the Product automatically expires and Licensee agrees to de-install the Product and return to Arcserve all copies or partial copies of the Product or certify to Arcserve in writing that all copies or partial copies of the Product have been deleted from Licensee’s computer libraries and/or storage devices and destroyed.  If Licensee desires to continue its use of the Product beyond the Trial Period, Licensee may contact Arcserve to acquire a license to the Product for the applicable fee.  LICENSEE’S USE OF THE PRODUCT DURING THE TRIAL PERIOD IS ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, AND Arcserve DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY EXPRESS WARRANTIES PROVIDED ELSEWHERE IN THIS AGREEMENT.

 

4.  If the Product includes a Software Development Kit ("SDK"), the terms and conditions of this paragraph apply solely for the use of the SDK.  The SDK may include software, APIs and associated documentation.  The SDK is provided solely for Licensee's internal use to develop software that enables the integration of third party software or hardware with the Product, or to develop software that functions with the Product, such as an agent.  Licensee’s use of the SDK is restricted solely to enhance Licensee’s internal use of the Product.  No distribution rights of any kind are granted to Licensee regarding the Product.  In addition to the limitations on use set forth in Section 8, below, Licensee may not reproduce, disclose, market, or distribute the SDK or the documentation or any applications containing any executable versions of the SDK to third parties, on the internet, or use such executables in excess of the applicable Authorized Use Limitation.  If there is a conflict between the terms of this section and the terms of any other section in this Agreement, the terms of this section will prevail solely with respect to the use of the SDK.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SDK IS PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND. 

 

5.  Payment of the fees specified on the Order Form or as agreed between Licensee and an authorized reseller of Arcserve, shall entitle Licensee to use the Product for the term specified on the Order Form (the "Term"), which use may include the right to receive maintenance services therefore for the period set forth on the Order Form.  All fees payable hereunder shall be payable in advance.  Licensee will install each new release of the Product delivered to Licensee.  After the Term, continued usage and/or maintenance of the Product as provided herein shall be subject to the payment by Licensee of the fees described on the Order Form.  Notwithstanding the foregoing, if the Product was licensed under this Agreement without an Order Form, Licensee shall be entitled to use the Product for an indefinite period, but the license does not include the right to receive maintenance services. Notwithstanding the foregoing, with respect to any Product that relies on continuous content updates, such as signature files and security updates, Licensee shall be entitled to such content updates for a period of one (1) year from the effective date of the license. 

 

6.  If maintenance is provided by Arcserve, it shall be renewed annually as specified in the Order form with Arcserve.  All fees are net of applicable taxes.  Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency including, without limitation, federal, state and local, sales, use, value added and personal property taxes, (other than franchise and income taxes for which Arcserve is responsible) upon a presentation of invoices by Arcserve.  Any claimed exemption from such tariffs, duties or taxes must be supported by proper documentary evidence delivered to Arcserve.  Any invoice which is unpaid by Licensee when due shall be subject to an interest charge equal to the lower of 1.5% per month or the highest applicable legal rate. 

 

7.  Licensee may use the Product as provided herein solely to process its own data and the data of its majority-owned subsidiaries and use is restricted to the location, computer equipment, and Authorized Use Limitation specified on the Order Form or CD sleeve, as applicable.  If Licensee desires to use the Product beyond such restrictions, it shall notify Arcserve, and Licensee will be invoiced for and shall pay the applicable fees for such expanded use.  If the product is purchased as a hardware appliance then the user is restricted from installing any additional instances of the "Recovery Point Server" functionality other than the instance running on the hardware appliance.

 

8.  The Product, including any source or object code that may be provided to Licensee hereunder, as well as documentation, appearance, structure and organization, is the proprietary property of Arcserve and/or its licensors, if any, and may be protected by copyright, patent, trademark, trade secret and/or other laws. Title to the Product, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of any applicable SDK, shall at all times remain with Arcserve and/or its licensors.  Usage rights respecting the Product may not be exchanged for any other Arcserve product.  The Product is licensed as a single product. Its component parts may not be separated for use.  Licensee and its employees will keep the Product and the terms of this license strictly confidential and use its best efforts to prevent and protect the Product from unauthorized disclosure or use. Licensee may not (i) disclose, de-compile, disassemble nor otherwise reverse engineer the Product except to the extent the foregoing restriction is expressly prohibited under applicable law; (ii) create any derivative works based on the Product; (iii) use the Product to provide facilities management or in connection with a service bureau or like activity whereby Licensee, without purchasing a license from Arcserve for such purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product; or (iv) permit the use of the Product by any third party without the prior written consent of Arcserve.  Licensee shall not release the results of any benchmark testing of the Product to any third party without the prior written consent of Arcserve.  Licensee will not transfer, assign, rent, lease, use, copy or modify the product, in whole or in part, or permit others to do any of the foregoing with regard to the Product without Arcserve’s prior written consent, except to the extent the foregoing restriction is expressly prohibited under applicable law.  Licensee will not remove any proprietary markings of Arcserve or its licensors.  Licensee may copy the Product as reasonably required for back-up and disaster recovery purposes, provided that production use of the Product is restricted to the Authorized Use Limitation specified on the Order Form or CD sleeve, and provided that use of the Product for disaster recovery testing shall be limited to one week in any three month period.  The Product may be used only within the boundaries of the country where the Product was purchased (except as otherwise provided on the Order Form) unless Arcserve consents otherwise in writing.  If this license terminates for any reason, Licensee shall certify to Arcserve in writing that all copies and partial copies of the Product have been deleted from all computers and storage devices and are returned to Arcserve or destroyed and are no longer in use.  Licensee shall comply with all relevant import and export regulations, including those adopted by the Office of Export Administration of the US Department of Commerce and shall indemnify, defend and hold Arcserve harmless with respect to any damages, fees, penalties, fines, costs or claims relating to Licensee’s breach of the foregoing representation and warranty.  The Product and any accompanying documentation have been developed entirely at private expense.  They are delivered and licensed as "commercial item" "computer software" as defined in FAR 2.101.  In the event Licensee is a U.S. Federal Government agency, the licensing terms of Arcserve's then current GSA FSS contract shall govern use of the Computer Program(s), in lieu of the terms contained in the license delivered with the Program(s).  For such purposes, the term "Product" and "Computer Program" shall have the same meaning hereunder.  The Computer Program(s) was developed at private expense, is commercial, and is published and copyrighted. Third parties purchasing on behalf of a Federal Government agency shall only transfer the Computer Program(s) to the Government with "Restricted Rights" as that term is defined in FAR 52.227-19(c)(2) or DFAR 252.227-7015, and in accordance with Arcserve's then current GSA FSS contract. All Software is provided FOB shipping point or electronic delivery.  Acceptance is waived and deemed to have occurred at the earliest of point of physical shipment or delivery of keys/access codes for electronic delivery.  Arcserve is the manufacturer of the Product.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its choice of law provisions.

 

9.  Arcserve warrants that it can enter into this Agreement and that it will indemnify, hold Licensee harmless, and defend or, at its option, settle any claim that Arcserve is not so authorized or that Licensee’s use of the Product as authorized hereby infringes any patent, copyright or other intellectual property right of any third party.  Arcserve also warrants that the Product will operate in accordance with its published specifications, provided that Arcserve’s only responsibility will be to use reasonable efforts, consistent with industry standards, to cure any defect.  The foregoing warranty respecting the operation of the Product will be in effect only during any period for which Licensee shall have paid the applicable license fee and annual maintenance fee, or, with respect to Products licensed without an Order Form, during a period of ninety (90) days from Licensee’s acquisition of license for the Product.  If, within a reasonable time after receiving Licensee’s written notice of breach of either of the above warranties, Arcserve is unable to cause the Product to operate (a) without infringing a third party’s intellectual property rights, or (b) in accordance with Arcserve’s written specifications, then either party may terminate this Agreement on written notice to the other party and Arcserve or the authorized reseller will refund the relevant license fees paid for such non-compliant Product only when Licensee returns the Product to Arcserve or its authorized reseller from whom it obtained the Product, with the purchase receipt within the warranty period noted above.  The warranties set forth in this Section do not apply to beta versions of the Product, Product licensed on a trial or evaluation basis or to Software Development Kits. 

 

10.  EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW:

 

(I) NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE MADE BY ARCSERVE; (II) IN NO EVENT WILL ARCSERVE BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY CLAIM FOR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND CONSEQUENTIAL DAMAGES, WHICH MAY ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE PRODUCT, EVEN IF ARCSERVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN THE EVENT THAT THE ABOVE LIABILITY LIMITATION IS FOUND TO BE INVALID UNDER APPLICABLE LAW, THEN ARCSERVE’S LIABILITY FOR SUCH CLAIM SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID FOR THE PRODUCT BY LICENSEE.  NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR AUTHORIZED ARCSERVE RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MAKE ANY ADDITIONAL WARRANTIES ON BEHALF OF ARCSERVE. ARCSERVE DOES NOT WARRANT THAT THE PRODUCT WILL MEET LICENSEE’S REQUIREMENTS OR THAT USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE.

 

11.  Licensee may assign this Agreement only if Licensee complies with Arcserve’s then prevailing policies respecting assignment of licenses, which includes a requirement that the scope of use of the Product not be expanded beyond the business of Licensee and the business of Licensee’s majority-owned subsidiaries.  Arcserve may assign this Agreement to any third party that succeeds to Arcserve’s interests in the Product and assumes the obligations of Arcserve hereunder; and Arcserve may assign its right to payment hereunder or grant a security interest in this Agreement or such payment right to any third party. 

 

12.  If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, Arcserve shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately and, in addition to all other rights of Arcserve, all amounts due or to become due hereunder will immediately be due and payable to Arcserve.

 

13.  If Licensee fails to pay the applicable maintenance fee, then Licensee may reinstate maintenance thereafter by paying to Arcserve a fee equal to 150% of Arcserve’s then prevailing maintenance fee for each year for which the maintenance fee has not been paid.

 

14.  If a court holds that any provision of this Agreement to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. No waiver of any breach of this Agreement shall be a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 

 

15.  In the event Licensee acquires a license for the Product outside of the United States, the following Sections will apply to the use of the Product:

 

Notwithstanding the terms of the last sentence of Section 8, the laws of the country in which Licensee acquires a license for the Product shall govern this Agreement, except as otherwise provided below.

 

In Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Georgia, Hungary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Moldova, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austria govern this Agreement.

 

Argentina

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Argentina.  Any dispute hereunder shall be determined by the Tribunales de la Cuidad de Buenos Aires.

 

Australia

 

The following is added to each of the end of Sections 2, 3 and 10:

Although Arcserve specifies that there are no warranties, Licensee may have certain rights under the Trade Practices Act 1974 and other state and territory legislation which may not be excluded but may be limited.  To the full extent permitted by law Arcserve excludes all terms not expressly set out in the express terms of this Agreement, and limits any terms imposed by the Trade Practices Act 1974 and other state and territory legislation to the full extent permitted by the applicable legislation. 

 

The last sentence of Section 8 is deleted and replaced with:

The laws of the State or Territory in which the transaction is performed govern this Agreement.

 

The following is added to Section 10:

Where Arcserve is in breach of a condition or warranty implied by the Trade Practices Act 1974 or other state and territory legislation, Arcserve's liability is limited, in the case of goods, to the repair or replacement of the goods, or payment for the repair or replacement of the goods, and in the case of services, the supplying of the services again or payment for the re-supply of the services, as Arcserve may elect.  Where that condition or warranty relates to a right to sell, quiet possession or clear title, in respect of goods or if the goods supplied by Arcserve are of a kind ordinarily acquired for personal, domestic or household use or consumption, then none of the limitations in this Section apply.

 

Austria

The last sentence of Section 8 is deleted and replaced with:

The laws of Austria govern this Agreement.  The following is added to Section 8: In addition, Arcserve is entitled to bring action against Licensee in a court located in Licensee’s place of incorporation, establishment or permanent residence.

 

The following is added to Section 10:

Any liability for the slight negligence of Arcserve is excluded.

 

The following is added to the Agreement:

In the event the Licensee qualifies as a consumer according to Austrian Consumer Protection Act ("Konsumentenschutzgesetz" -"KSchG") Sections 2, 3, 9 and 10 of this Agreement are not applicable to the extent they reduce Arcserve’s liability and the consumer’s warranty.

 

Belgium  

 

The last sentence of Section 8 is deleted and replaced with:

The courts of Arcserve’s registered office shall have exclusive jurisdiction regarding any dispute that may arise between the parties dealing with the formation, execution, interpretation, or termination of this Agreement, including but not limited to measures of conservation, emergency proceedings, warranty proceedings, petition or in case of more than one defendant.

 

Brazil

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Brazil.  Any dispute hereunder shall be determined by a court of the São Paulo City Hall.

 

Canada

 

The last sentence of Section 8 is deleted and replaced with:

The laws in the Province of Ontario shall govern this Agreement.

 

Chile

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Chile.  Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Santiago.

 

China 

 

The second sentence of Section 6 is deleted and replaced with:

All fees are inclusive of VAT.  

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the People’s Republic of China, without regard to its choice of law provisions.  Any dispute hereunder shall be determined by a competent court located in Beijing.

 

Colombia

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Colombia.  Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Bogotá.

 

Czech Republic

The first sentence of Section 1 is deleted and replaced with:

Arcserve grants the Licensee a non-exclusive license to use the Product, for use by a single user, or the quantity designated as the authorized use limitation ("Authorized Use Limitation") on any Order Form (defined below) referencing the terms of this Agreement or CD sleeve included within the Product box.

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the Czech Republic, without regard to its choice of law provisions.  Any dispute hereunder shall be determined by a court of competent jurisdiction within the Czech Republic.

 

Section 10 is deleted and replaced with:

Except as set forth above, to the full extent permitted by applicable law, no other warranties, whether express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, are made by Arcserve.

 

Denmark  

 

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I accept the terms of the License Agreement" radio button below, and the clicking on the "Next" button, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

 

The following is added to the last paragraph of the Preamble:

In the event that you select the "I do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" button, the installation shall cease.  You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to Arcserve or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase.  You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid.  If requested at the time of return and provided that receipts of costs incurred are provided, Arcserve or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

 

The second to last sentence of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The last sentence of Section 3 is deleted and replaced with:

Licensee’s use of the product during the trial period is on an "as is" basis without any warranty, and Arcserve disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

 

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from Arcserve for such purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of Arcserve, save for contract staff of the Licensee who are acting on the Licensee’s business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

 

Section 10. (A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by Arcserve; and

 

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of Arcserve, in which event Arcserve’s maximum liability shall be limited to $1,000,000 for each event or series of events;

b. Death or personal injury caused by the negligence of an employee or authorized agent of Arcserve.

 

France

 

The last sentence of Section 8 is deleted and replaced with:

The Commercial Court of Paris shall have exclusive jurisdiction regarding any dispute that may arise between the parties dealing with the formation, execution, interpretation, or termination of this Agreement, including but not limited to measures of conservation, emergency proceedings, warranty proceedings, petition or in case of more than one defendant.

 

 

Germany

 

Section 6 of the Agreement is deleted.

 

The twelfth sentence of Section 8 is deleted. The sixteenth sentence of Section 8 is deleted and replaced with:

Licensee shall comply with all relevant import and export regulations, including those adopted by the Office of Export Administration of the US Department of Commerce, any competent EU government and German export regulations.  Licensee understands and acknowledges that US, EU and German restrictions vary regularly and, depending on Product, Licensee must refer to then current US, EU or German regulations.

 

The following is added to Section 9:

Arcserve shall not be liable for any infringement based upon use of other than an unaltered release of the Product unless altered with Arcserve's prior written consent.

 

Section 10 is deleted and replaced with:

In case of (i) willful misconduct, no limitation of liability applies;(ii) personal injury or damage to property, Arcserve’s liability to Licensee is limited to the maximum amount that Arcserve will recover under its insurance policies; (iii) gross negligence that results in other damage than personal injury or damage to property, Arcserve’s liability to Licensee shall be limited to an amount equal to the license fee for the Product; (iv) negligence that results in damages other than  personal injury or damage to property, Arcserve’s liability to Licensee shall be limited to an amount equal to fifty percent (50%) of the license fee for the Product. Notwithstanding the foregoing, the aggregated liability according to (iii) and (iv) above shall never exceed an amount equal to the purchase price of the Product.  Except in case of willful misconduct or gross negligence, neither party shall be liable to the other for indirect, incidental, special or consequential damage, including but not limited to harm to services supplied by Licensee, or loss of business, loss of profit, or loss of data, arising out of or in connection with the implementation or the use of the Product.  No actions, regardless of form, arising out of this Agreement may be brought by either party more than three (3) years after the cause of action has arisen, or, in the cause of non-payment, more than three (3) years from the date of the relevant invoice. Neither party shall be liable for delay in performing or failure to perform any of its obligations under this Agreement if the delay or failure results from events or circumstances outside its reasonable control.  Such delay or failure shall not constitute a breach of this Agreement and time for performance shall be extended by time equivalent to the length of the delay caused by force majeure.

 

Greece

 

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Athens Courts.

 

Hong Kong

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Hong Kong.  The courts of Hong Kong will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

The following is added at the end of Section 10: The aforementioned liability limitation and the aforementioned maximum liability amount will not affect or prejudice the statutory rights of the licensee under the sale of goods ordinance, the supply of services (implied terms) ordinance or the control of exemption sections ordinance, nor will they limit or exclude any liability for death or personal injury solely caused by Arcserve's negligence.

 

India

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement and the terms hereof shall be governed and construed in accordance with the laws of India and the courts of Mumbai shall have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

Indonesia

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement and the terms hereof shall be governed and construed in accordance with the laws of Indonesia.  The courts of Indonesia, located in Jakarta, will have the sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

Section 9 is amended by adding the following:

Licensee represents that Licensee (i) has full corporate power and authority; and (ii) is legally capable to execute, deliver and perform this Agreement.  Arcserve and Licensee agree to waive any provisions, procedures and operation of any applicable law to the extent that a court order is required for termination of this Agreement.

 

Israel 

 

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Tel Aviv Courts.

 

Italy

 

According to article 1341 and 1342 of the Italian Civil Code, the Licensee expressly accepts the terms and conditions included in Sections 6 (specifically the interest rate set forth in the last sentence), 8 and 9.

 

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Milan Courts.

 

Japan

 

The third sentence of Section 6 is deleted and replaced with:

Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any government or governmental agency other than the taxes for which Arcserve is responsible upon a presentation of invoices by Arcserve.

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the country of Japan, without regard to its choice of law provisions.  Any dispute hereunder shall finally be determined by Tokyo District Court located in Tokyo Japan.

 

Korea

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Republic of Korea, without regard to its choice of law provisions.

 

Lybia, Egypt, Lebanon, Jordan, Iraq, Kingdom of Saudi Arabia, Kuwait, Qatar, United Arab Emirates, Oman, Yemen and Pakistan

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be interpreted according to, and governed by, the Laws of Dubai and the Federal Laws of the United Arab Emirates.

Any disputes shall be finally settled by arbitration in accordance with the Rules of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce & Industry, which Rules are deemed to incorporate reference to this Clause.  The place of arbitration shall be Dubai. The arbitration proceedings and award shall be conducted and written in the English language.  Judgment upon the award rendered may be executed by any court having jurisdiction, or application may be made to such court for a judicial recognition of the award or any order of enforcement thereof, as the case may be. The award of the arbitration shall be the sole and exclusive remedy between the parties regarding any and all claims and counterclaims presented to the arbitrators.

 

Malaysia

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Malaysia.  The courts of Malaysia will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

The following is added to Section 10:

Although Arcserve specifies that there are no other warranties, Licensee may have certain rights under the Consumer Protection Act 1999 and the warranties are only limited to the extent permitted by the applicable legislation.

 

Mexico

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of México.  Any dispute hereunder shall be determined by the Tribunales de la Cuidad de México.

 

 

Netherlands

 

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, you are

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

 

The following is added to the last paragraph of the Preamble:

In the event that you select on "I do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" button, the installation shall cease.  You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to Arcserve or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase.  You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid.  If requested at the time of return and provided that receipts of costs incurred are provided, Arcserve or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

 

The second to last sentence of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The last sentence of Section 3 is deleted and replaced with:

Licensee’s use of the product during the trial period is on an "as is" basis without any warranty, and Arcserve disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license for such purpose from Arcserve, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of Arcserve, save for contract staff of the Licensee who are acting on the Licensee’s business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

 

Section 10.(A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by Arcserve.

 

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of Arcserve, in which event Arcserve’s maximum liability shall be limited to $1,000,000 for each event or series of events;

b. Death or personal injury caused by the negligence of an employee or authorized agent of Arcserve, or

c. Willful misconduct or gross negligence of Arcserve.

 

New Zealand

 

Notwithstanding the final sentence of Section 6, the applicable interest charge on invoices unpaid by Licensee is 1.5% per month.

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand.  The courts of New Zealand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

The following is added to Section 10:

Although Arcserve specifies that there are no warranties, Licensee may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited.  The Consumer Guarantees Act 1993 will not apply in respect of any goods or services which Arcserve supplies, if Licensee acquires the goods and services for the purposes of a business as defined in that Act.  Where the Product is not acquired for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.

 

The following is added to Section 12:

Arcserve’s rights under this Section shall also apply if any resolution is passed or proceedings are commenced for the liquidation or winding up of Licensee.

 

Norway 

 

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

 

The following is added to the last paragraph of the Preamble:

In the event that you select the "I do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" button, the installation shall cease.  You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to Arcserve or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase.  You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid.  If requested at the time of return and provided that receipts of costs incurred are provided, Arcserve or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

 

The second to last sentence of the first paragraph of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The last sentence of Section 3 is deleted and replaced with:

Licensee’s use of the product during the trial period is on an "as is" basis without any warranty, and Arcserve disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from Arcserve for such purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of Arcserve, save for contract staff of the Licensee who are acting on the Licensee’s business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

 

Section 10.(A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by Arcserve.

 

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of Arcserve, in which event Arcserve’s maximum liability shall be limited to $1,000,000 for each event or series of events.

b. Death or personal injury caused by the negligence of an employee or authorized agent of Arcserve.

c. Willful misconduct or gross negligence of Arcserve.

 

Peru

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Peru.  Any dispute hereunder shall be determined by the Tribunales Ordinarios de La Cuidad de Lima.

 

Philippines

 

The first seven sentences of Section 8 are deleted and replaced with:

Title to the Product and all modifications thereto shall remain with Arcserve.  The Product is a trade secret and the proprietary property of Arcserve or its licensors.  Usage rights respecting the Product may not be exchanged for any other Arcserve product.  Licensee and its employees will keep the Product and the terms of this Agreement strictly confidential.  To the maximum extent permitted by applicable law, Licensee will not disclose, de-compile, disassemble nor otherwise reverse engineer the Product.

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of the Philippines.  The courts of Makati City will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.  

 

Section 12 is deleted and replaced with:

If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, Arcserve shall have the right to withhold its own performance hereunder and/or to terminate this Agreement immediately upon notice and, in addition to all other rights of Arcserve, all amounts due or to become due hereunder will immediately be due and payable to Arcserve.

 

Poland

If payments are to be made in PLN, the last sentence of Section 6 is replaced as follows:

Any invoice which is unpaid by Licensee when due shall be subject to an interest charge equal to the lower of 1.5% per month or the statutory delay interest rate then applicable in Poland.

 

The last sentence of Section 8 is deleted and replaced with:

The laws of Poland govern this Agreement.

 

Section 12 is deleted and replaced with:

If Licensee breaches any term of this Agreement or if Licensee becomes insolvent or if bankruptcy or receivership proceedings are initiated by or against Licensee, Arcserve shall have the right to withhold its own performance hereunder and/or, to the extent permitted by the applicable law, to terminate this Agreement immediately and, in addition to all other rights of Arcserve, all amounts due or to become due hereunder will immediately be due and payable to Arcserve.

 

Portugal

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall finally be determined by Lisbon Courts.

 

Singapore

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Singapore.  The courts of Singapore will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

The following is added to the end if Section 9:

To the full extent permitted by applicable law, Arcserve disclaims all implied conditions or warranties of satisfactory quality or fitness for purpose.

 

The following is added at the end of Section 10:

The limitation of liability set forth in this Section above will not apply to any breach of Arcserve’s obligations implied by Section 12 of the Sales of Goods Act (Cap 393).  In addition, if you are a consumer, the limitation of liability will not apply to any breach of Arcserve’s obligations implied by Sections 13, 14 or 15 of the Sale of Goods Act (Cap 393).

 

Sweden 

 

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button, you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

 

The following is added to the last paragraph of the Preamble:

In the event that you select the "I do NOT accept the terms of the License Agreement" radio button below, and then click on the "Cancel" button, the installation shall cease.  You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to Arcserve or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase.  You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid.  If requested at the time of return and provided that receipts of costs incurred are provided, Arcserve or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

 

The second to last sentence of the first paragraph of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The last sentence of Section 3 is deleted and replaced with:

Licensee’s use of the product during the trial period is on an "as is" basis without any warranty, and Arcserve disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from Arcserve for that purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of Arcserve, save for contract staff of the Licensee who are acting on the Licensee’s business, not engaged in facilities management and who the Licensee agrees as condition of this Agreement to ensure that such staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

 

Section 10.(A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by Arcserve.

 

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of Arcserve, in which event Arcserve’s maximum liability shall be limited to $1,000,000 for each event or series of events;

b. Death or personal injury caused by the negligence of an employee or authorized agent of Arcserve;

c. Willful misconduct or gross negligence of Arcserve.

 

Switzerland

The following is added at the end of Section 1:

The place of performance of any duties of Arcserve under this Agreement is Islandia, New York.

 

The last sentence of Section 8 is deleted and replaced with:

Any dispute hereunder shall be determined by a court of competent jurisdiction within the state of New York, U. S. A.

 

Taiwan

 

The second sentence of Section 6 is deleted and replaced with:

All fees are inclusive of VAT.

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Taiwan, without regard to its choice of law provisions.  Any dispute hereunder shall be determined by Taipei District Court.

 

Thailand

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Thailand.  The courts of Thailand will have sole and exclusive jurisdiction with respect to any disputes arising out of this Agreement.

 

Turkey

The following is added at the end of Section 8:

Licensee undertakes to keep all information of trade secret nature strictly private and confidential, and to use all necessary measures and its best efforts in order to assure and maintain the confidentiality thereof and to prevent and protect it, or any part thereof, from disclosure to any third person.  Furthermore, Licensee hereby expressly undertakes:

(I) Not to use a Arcserve trade secret directly or indirectly in any respect or for whatever reason on its own behalf or on behalf of any third party or allow it to be used for any other purpose except as expressly permitted by Arcserve;

(II) Not to disclose, de-compile, disassemble nor otherwise reverse engineer the Product and to avoid such a disclosure in whatever form;

(III) Not to copy or permit the others to copy without Arcserve’s prior written consent.

 

Licensee acknowledges that in the event of a breach of any one of the obligations imposed upon it under this Section, Arcserve might suffer significant damage, notwithstanding the return of all copies of the Product, arising out of the fact that it has breached the aforesaid obligations.  Consequently, Licensee undertakes to indemnify Arcserve in full against any such damage.

 

Licensee acknowledges that Arcserve has the right to prevent any threat to confidentiality or restrain ongoing infringement or breach of confidentiality by Licensee through legal proceedings and in case an order is obtained against Licensee for breach, Licensee shall reimburse Arcserve’s juridical costs and expenses including the attorney fees.

 

The following is added at the end of Section 9:

In the event that Arcserve is rendered unable, wholly or in part, to perform or implement any of its warranties herein set forth, by force majeure which includes governmental controls or orders of the government of Turkey, acts of God, wars, commotion or riot, epidemics, strikes, lockouts and any other events or forces beyond its reasonable control, it shall be relieved from such warranties and shall not be held liable for the non-fulfillment and/or suspended implementation thereof, as long as and to the extent that the effect of such events or forces remains unabated.

 

The following is added at the end of the second sentence of Section 10:

EXCEPT THAT MAY ARISE FROM Arcserve’S WILFUL FAULT OR NEGLIGENCE.

 

United Kingdom

 

The third paragraph of the Preamble is deleted and replaced with:

By installing, copying or using the product or by selecting the "I accept the terms of the License Agreement" radio button below, and then clicking on the "Next" button , you are:

(I) Representing that you are not a minor and have full legal capacity and have the authority to bind yourself and your employer, as applicable, to the terms of this Agreement;

(II) Consenting on behalf of yourself and/or as an authorized representative.

 

The following is added to the last paragraph of the Preamble:

In the event that you select the "I do NOT accept the terms of the License Agreement, and then click on the "Cancel" button, the installation shall cease.  You should delete all copies of the Product from your computer systems and return, by registered first class post, the Product, complete with box and any documentation, to Arcserve or the authorized reseller from whom you purchased the Product with your proof of purchase within thirty (30) days of the date of purchase.  You will promptly be issued a full refund of any license fees paid for the Product and, if applicable, maintenance fees paid.  If requested at the time of return and provided that receipts of costs incurred are provided, Arcserve or the authorized reseller shall also refund to you any postage costs you incurred in returning the Product.

 

The second to last sentence of the first paragraph of Section 2 is deleted and replaced with:

Beta products are provided on an "as is" basis, without warranties or representations of any kind, either express or implied including, without limitation, any warranties, conditions or representations of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The last sentence of Section 3 is deleted and replaced with:

Licensee’s use of the product during the trial period is on an "as is" basis without any warranty, and Arcserve disclaims all warranties including, without limitation, any implied warranties or conditions of merchantability or satisfactory quality and fitness for a particular purpose, as well as any express warranties provided elsewhere in this Agreement.

 

The seventh sentence of Section 8 is deleted and replaced with:

Licensee may not:

(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product save to the extent expressly permitted by law;

(II) Create any derivative works based on the Product;

(III) Use the Product in connection with a service bureau or like activity whereby Licensee, without purchasing a license from Arcserve for that purpose, operates or uses the Product for the benefit of a third party who has not purchased a copy of the Product;

(IV) Permit the use of the Product by any third party without the prior written consent of Arcserve, save for contract staff of the Licensee who are acting on the Licensee’s business, not engaged in facilities management and who the Licensee agrees as a condition of this Agreement to ensure that such contract staff shall comply with all the terms of this Agreement, including without limitation, confidentiality provisions.

 

The last sentence of Section 8 is deleted and replaced with:

All disputes relating to this Agreement will be governed by the laws of England and Wales and will be submitted to the exclusive jurisdiction of the English courts.

 

Section 10.(A) is deleted and replaced with:

No other warranties, whether express or implied, including, without limitation, any implied warranties or conditions of merchantability, satisfactory quality and fitness for a particular purpose, are made by Arcserve.

 

The following is added at the end of Section 10:

The foregoing exclusions and limitations upon liability shall not apply to any liability for damages arising from:

a. Tangible property damage to the extent that such is due to the negligence of an employee or authorized agent of Arcserve, in which event Arcserve’s maximum liability shall be limited to $1,000,000 for each event or series of events;

b. Death or personal injury caused by the negligence of an employee or authorized agent of Arcserve;

c. Willful misconduct or gross negligence of Arcserve.

 

Venezuela

 

The last sentence of Section 8 is deleted and replaced with:

This Agreement shall be governed by and interpreted in accordance with the laws of Venezuela. Any dispute hereunder shall be determined by the Tribunales Ordinarios de la Cuidad de Caracas.

 

 

16.  If the Product contains third party software, and the licensor requires the incorporation of specific license terms and conditions for such software into this Agreement, those specific terms and conditions, which are hereby incorporated by this reference, are located below this Agreement. 

 

Licensee acknowledges that this license has been read and understood and by selecting the ["I accept the terms of the License Agreement "] radio button, licensee accepts its terms and conditions.  Licensee also agrees that this license (including any order form referencing this Agreement and any terms relating to third party software which are set forth below this Agreement) constitutes the complete Agreement between the parties regarding this subject matter and that it supersedes any information licensee has received relating to the subject matter of this Agreement, except that this Agreement (excluding the third party terms below) will be superseded by any written Agreement, executed by both licensee and Arcserve, granting licensee a license to use the product.  This Agreement may only be amended by a written Agreement signed by authorized representatives of both parties. 

 

Select the ["I accept the terms of the License Agreement"] radio button, and then click on the "Next" button to accept the terms and conditions of this Agreement as set forth above and proceed with the installation process.

 

Select the ["I do NOT accept the terms of the License Agreement"] radio button and then click on the "Cancel" button to halt the installation process.

 

 

==========================================================================

Oracle (formerly Sun) JRE v1.8

This Product is distributed with JRE v.1.8.  Although the Arcserve product does not use the Commerical Features, Oracle requires the following:  Use of the Commercial Features of the JRE for any commercial or production purpose requires a separate license from Oracle.  "Commercial Features" means those features identified Table 1-1 (Commercial Features In Java SE Product Editions) of the Software documentation accessible at http://www.oracle.com/technetwork/java/javase/documentation/index.html

 

 

==========================================================================

VMware Virtual Disk Development Kit

 

VMware VDDK.  This Arcserve product contains certain VDDK technology licensed by Arcserve from VMware, Inc. and its licensors (the 'VDDK Software').  The VDDK Software contains certain third party information and terms which identifies various third-party components that may be used with the VDDK Software and sets out certain notices, attributions and/or terms that VMware is required to provide to you by the third party licensors of those components.  Such information is provided in the file open_source_licenses.txt, which accompanies the VDDK Software.  In addition, Arcserve makes the source code of certain of these third party components available under their respective open source licenses, available upon request.

 

 

===========================================================================================

Axis 1.4

   =========================================================================

   ==  NOTICE file corresponding to section 4(d) of the Apache License,   ==

   ==  Version 2.0, in this case for the Apache Axis distribution.        ==

   =========================================================================

 

   This product includes software developed by

   The Apache Software Foundation (http://www.apache.org/).

 

 

=========================================================================

Quartz 1.6.5

                                                          Apache License

                           Version 2.0, January 2004

                        http://www.apache.org/licenses/

 

   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

 

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   8. Limitation of Liability. In no event and under no legal theory,

      whether in tort (including negligence), contract, or otherwise,

      unless required by applicable law (such as deliberate and grossly

      negligent acts) or agreed to in writing, shall any Contributor be

      liable to You for damages, including any direct, indirect, special,

      incidental, or consequential damages of any character arising as a

      result of this License or out of the use or inability to use the

      Work (including but not limited to damages for loss of goodwill,

      work stoppage, computer failure or malfunction, or any and all

      other commercial damages or losses), even if such Contributor

      has been advised of the possibility of such damages.

 

   9. Accepting Warranty or Additional Liability. While redistributing

      the Work or Derivative Works thereof, You may choose to offer,

      and charge a fee for, acceptance of support, warranty, indemnity,

      or other liability obligations and/or rights consistent with this

      License. However, in accepting such obligations, You may act only

      on Your own behalf and on Your sole responsibility, not on behalf

      of any other Contributor, and only if You agree to indemnify,

      defend, and hold each Contributor harmless for any liability

      incurred by, or claims asserted against, such Contributor by reason

      of your accepting any such warranty or additional liability.

 

   END OF TERMS AND CONDITIONS

 

   APPENDIX: How to apply the Apache License to your work.

 

      To apply the Apache License to your work, attach the following

      boilerplate notice, with the fields enclosed by brackets "[]"

      replaced with your own identifying information. (Don't include

      the brackets!)  The text should be enclosed in the appropriate

      comment syntax for the file format. We also recommend that a

      file or class name and description of purpose be included on the

      same "printed page" as the copyright notice for easier

      identification within third-party archives.

 

   Copyright [yyyy] [name of copyright owner]

 

   Licensed under the Apache License, Version 2.0 (the "License");

   you may not use this file except in compliance with the License.

   You may obtain a copy of the License at

 

       http://www.apache.org/licenses/LICENSE-2.0

 

   Unless required by applicable law or agreed to in writing, software

   distributed under the License is distributed on an "AS IS" BASIS,

   WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

   See the License for the specific language governing permissions and

   limitations under the License.

 

 

=========================================================================

AWS SDK for Java 1.11

AWS SDK for Java

Copyright 2010-2012 Amazon.com, Inc. or its affiliates. All Rights Reserved.

 

This product includes software developed by

Amazon Technologies, Inc (http://www.amazon.com/).

 

**********************

THIRD PARTY COMPONENTS

**********************

This software includes third party software subject to the following copyrights:

- XML parsing and utility functions from JetS3t - Copyright 2006-2009 James Murty.

- JSON parsing and utility functions from JSON.org - Copyright 2002 JSON.org.

 

The licenses for these third party components are included in LICENSE.txt

 

 

=====================================================================================

ATL Server Library and Tools 9.0.70425 Alpha

Microsoft Limited Permissive License (Ms-LPL)

 

This license governs use of the accompanying software. If you use the software, you accept this license. If you do not accept the license, do not use the software.

 

1. Definitions

The terms “reproduce,” “reproduction,” “derivative works,” and “distribution” have the same meaning here as under U.S. copyright law.

A “contribution” is the original software, or any additions or changes to the software.

A “contributor” is any person that distributes its contribution under this license.

 “Licensed patents” are a contributor’s patent claims that read directly on its contribution.

 

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the license conditions and limitations in section 3, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in the software or derivative works of the contribution in the software.

 

3. Conditions and Limitations

 (A) No Trademark License- This license does not grant you rights to use any contributors’ name, logo, or trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license by including a complete copy of this license with your distribution. If you distribute any portion of the software in compiled or object code form, you may only do so under a license that complies with this license.

(E) The software is licensed “as-is.” You bear the risk of using it. The contributors give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this license cannot change. To the extent permitted under your local laws, the contributors exclude the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

(F) Platform Limitation- The licenses granted in sections 2(A) & 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

 

 

=====================================================================================

BusyBox 1.19.4

 

This product is distributed with BusyBox 1.19.4 (the "Third Party Software", the use of which is governed by the following terms:

 

The Third Party Software is open source software that is provided with this Arcserve software program (the "Arcserve Product"). The Third Party Software is not owned by Arcserve, Inc. (Arcserve). Use, copying, distribution and modification of the Third Party Software is governed by the GNU General Public License (GPL) version 2.0. A copy of the GPL license can be found in the same directory where the Third Party Software is located. Additionally, a copy of the GPL license can be found at http://www.opensource.org/licenses/gpl-2.0.php or write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA. Arcserve makes the source code for the Third Party Software available at http://opensrcd.ca.com/ips/08502_23/. Use of the Arcserve Product is governed solely by the Arcserve license agreement (EULA), not by the GPL license. You cannot use, copy, modify or redistribute any Arcserve Product code except as may be expressly set forth in the EULA. The Third Party Software is provided AS IS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Further details of the disclaimer of warranty with respect to the Third Party Software can be found in the GPL license itself. To the full extent permitted under applicable law, Arcserve disclaims all warranties and liability arising from or related to any use of the Third Party Software.

 

 

=====================================================================================

jackson 1.9.2

This product currently only contains code developed by authors

of specific components, as identified by the source code files;

if such notes are missing files have been created by

Tatu Saloranta.

 

For additional credits (generally to people who reported problems)

see CREDITS file.

 

This copy of Jackson JSON processor is licensed under the

Apache (Software) License, version 2.0 ("the License").

See the License for details about distribution rights, and the

specific rights regarding derivate works.

 

You may obtain a copy of the License at:

 

http://www.apache.org/licenses/

 

A copy is also included with both the the downloadable source code package

and jar that contains class bytecodes, as file "ASL 2.0". In both cases,

that file should be located next to this file: in source distribution

the location should be "release-notes/asl"; and in jar "META-INF/"

 

 

=====================================================================================

lzjb 2009.06

 

lzjb 2009.06 (the Third Party Software) was obtained under the CDDL v.1.0 license, the terms and conditions of which are set forth below. The Third Party Software is distributed by Arcserve for use with this Arcserve product in unmodified, object code form, under the Arcserve End User License Agreement. Any provisions in the Arcserve End User License Agreement that differ from the CDDL are offered by Arcserve alone and not by any other party. Arcserve makes the source code for the Third Party Software available at http://opensrcd.ca.com/ips/06747_3/ under the terms of the CDDL v.1.0. license:

 

OpenSolaris License

Edit

 

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

Version 1.0

 

   1. Definitions.

 

1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.

 

1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

 

1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.

 

1.4. “Executable” means the Covered Software in any form other than Source Code.

 

1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.

 

1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.

 

1.7. “License” means this document.

 

1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

 

1.9. “Modifications” means the Source Code and Executable form of any of the following:

 

      A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;

      B. Any new file that contains any part of the Original Software or previous Modification; or

      C. Any new file that is contributed or otherwise made available under the terms of this License.

 

1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.

 

1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

 

1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.

 

1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity.

 

2. License Grants.

 

2.1. The Initial Developer Grant.

 

Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:

 

 (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and

 

 (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof).

 

 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party under the terms of this License.

 

 (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.

 

2.2. Contributor Grant.

 

Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

 

 (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and

 

 (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor either alone and/or in combination with its Contributor Version (or portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor Version (or portions of such combination).

 

 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes or otherwise makes the Modifications available to a third party.

 

 (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.

 

3. Distribution Obligations.

 

3.1. Availability of Source Code.

 

Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.

 

3.2. Modifications.

 

The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.

 

3.3. Required Notices.

 

You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.

 

3.4. Application of Additional Terms.

 

You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

 

3.5. Distribution of Executable Versions.

 

You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form under a different license, You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

 

3.6. Larger Works.

 

You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Software.

 

4. Versions of the License.

 

4.1. New Versions.

 

Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.

 

4.2. Effect of New Versions.

 

You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.

 

4.3. Modified Versions.

 

When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.

 

5. DISCLAIMER OF WARRANTY.

 

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

6. TERMINATION.

 

6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

 

6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.

 

6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.

 

6.4. 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 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.

 

=====================================================================================

SQLite 3.8 

This product is distributed with content from SQLite 3.8, the use of which is governed by the following terms:

SQLite Copyright 

 

SQLite is in the Public Domain. All of the code and documentation in SQLite has been dedicated to the public domain by the authors. All code authors, and representatives of the companies they work for, have signed affidavits dedicating their contributions to the public domain and originals of those signed affidavits are stored in a firesafe at the main offices of Hwaci. Anyone is free to copy, modify, publish, use, compile, sell, or distribute the original SQLite code, either in source code form or as a compiled binary, for any purpose, commercial or non-commercial, and by any means. 

 

The previous paragraph applies to the deliverable code and documentation in SQLite - those parts of the SQLite library that you actually bundle and ship with a larger application. Some scripts used as part of the build process (for example the "configure" scripts generated by autoconf) might fall under other open-source licenses. Nothing from these build scripts ever reaches the final deliverable SQLite library, however, and so the licenses associated with those scripts should not be a factor in assessing your rights to copy and use the SQLite library. 

 

All of the deliverable code in SQLite has been written from scratch. No code has been taken from other projects or from the open internet. Every line of code can be traced back to its original author, and all of those authors have public domain dedications on file. So the SQLite code base is clean and is uncontaminated with licensed code from other projects. 

 

Obtaining An Explicit License To Use SQLite 

 

Even though SQLite is in the public domain and does not require a license, some users want to obtain a license anyway. Some reasons for obtaining a license include: 

 

You are using SQLite in a jurisdiction that does not recognize the public domain. You are using SQLite in a jurisdiction that does not recognize the right of an author to dedicate their work to the public domain. You want to hold a tangible legal document as evidence that you have the legal right to use and distribute SQLite. Your legal department tells you that you have to purchase a license. If you feel like you really have to purchase a license for SQLite, Hwaci, the company that employs the architect and principal developers of SQLite, will sell you one. 

 

Contributed Code 

 

In order to keep SQLite completely free and unencumbered by copyright, all new contributors to the SQLite code base are asked to dedicate their contributions to the public domain. If you want to send a patch or enhancement for possible inclusion in the SQLite source tree, please accompany the patch with the following statement:

 

The author or authors of this code dedicate any and all copyright interest in this code to the public domain. We make this dedication for the benefit of the public at large and to the detriment of our heirs and successors. We intend this dedication to be an overt act of relinquishment in perpetuity of all present and future rights to this code under copyright law. We are not able to accept patches or changes to SQLite that are not accompanied by a statement such as the above. In addition, if you make changes or enhancements as an employee, then a simple statement such as the above is insufficient. You must also send by surface mail a copyright release signed by a company officer. A signed original of the copyright release should be mailed to: 

 

Hwaci

6200 Maple Cove Lane

Charlotte, NC 28269

USA

A template copyright release is available in PDF or HTML. You can use this release to make future changes.

 

 

=====================================================================================

Windows Azure SDK for Java 2.2

-------------------------------------------------------------------------------------

MICROSOFT OPEN TECHNOLOGIES, INC. COMMUNITY TECHNOLOGY PREVIEW (PRE-RELEASE) SOFTWARE LICENSE TERMS

PACKAGE FOR WINDOWS AZURE LIBRARIES FOR JAVA (BY MICROSOFT OPEN TECHNOLOGIES, INC.)

-------------------------------------------------------------------------------------

 

These license terms are an agreement between Microsoft Open Technologies, Inc. (“MICROSOFT OPEN TECH”) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft Open Tech

 

             updates,

             supplements,

             Internet-based services, and

             support services

 

for this software, unless other terms accompany those items. If so, those terms apply.

 

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW.

 

1.           INSTALLATION AND USE RIGHTS.

a.           Installation and Use.

             You may install and use any number of copies of the software on your premises to design, develop and test your programs for use with the software.

 

b.           Included Microsoft Programs. The software contains certain other Microsoft programs. These license terms apply to your use of those programs.

 

c.            Third Party Programs. The software contains third party programs. These license terms apply to your use of those programs, unless otherwise stated in the text file entitled thirdpartynotices.txt included with this package.

 

2.           ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.

a.           Distributable Code. The software is “Distributable Code” that you are permitted to distribute in programs you develop if you comply with the terms below.

 

i.             Right to Use and Distribute.  You are permitted to distribute the software in programs you develop if you comply with the terms below:

             You may copy and distribute the object code form of the software (“Distributable Code”) in programs you develop. You may not modify the software.

             You may permit distributors of your programs to copy and distribute the Distributable Code as part of those programs.

 

ii.            Distribution Requirements. For any Distributable Code you distribute, you must

             add significant primary functionality to it in your programs;

             require distributors and external end users to agree to terms that protect it at least as much as this agreement;

             display your valid copyright notice on your programs; and

             indemnify, defend, and hold harmless Microsoft Open Tech from any claims, including attorneys’ fees, related to the distribution or use of your programs.

 

iii.           Distribution Restrictions. You may not

             alter any copyright, trademark or patent notice in the Distributable Code;

             use Microsoft Open Tech’s trademarks in your programs’ names or in a way that suggests your programs come from or are endorsed by Microsoft Open Tech or its corporate affiliates;

             include Distributable Code in malicious, deceptive or unlawful programs; or

             modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that

             the code be disclosed or distributed in source code form; or

             others have the right to modify it.

 

3.           PRE-RELEASE SOFTWARE. This software is a pre-release version. It may not work the way a final version of the software will. We may change it for the final version. We also may not release a final or other subsequent version.

 

4.           SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft Open Tech reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not

             work around any technical limitations in the software;

             reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

             make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;

             publish the software for others to copy;

             rent, lease or lend the software; or

             transfer the software or this agreement to any third party.

 

5.           EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

 

6.           SUPPORT SERVICES. Because this software is “as is,” we may not provide support services for it.

 

7.           ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

 

8.           APPLICABLE LAW.

a.           United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.           Outside the United States. If you acquired the software in any other country, the laws of that country apply.

 

9.           LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

 

10.         DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. MICROSOFT OPEN TECH GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT OPEN TECH EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOR AUSTRALIA – YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS.

 

11.         LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM MICROSOFT OPEN TECH AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

             anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

             claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft Open Tech knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

Please note: As this software is distributed in Quebec, Canada, these license terms are provided below in French.

 

Remarque : Ce logiciel étant distribué au Québec, Canada, les termes de cette licence sont fournis ci-dessous en français.

 

EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert « tel quel ». Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft Open Tech n’accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d’adéquation à un usage particulier et d’absence de contrefaçon sont exclues.

 

LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft Open Tech et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

 

Cette limitation concerne :

 

             tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et

             les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d’une autre faute dans la limite autorisée par la loi en vigueur.

 

Elle s’applique également, même si Microsoft Open Tech connaissait ou devrait connaître l’éventualité d’un tel dommage. Si votre pays n’autorise pas l’exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l’exclusion ci-dessus ne s’appliquera pas à votre égard.

 

EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d’autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.

 

 =====================================================================================

 

 

 

Third Party Notices for Package for Windows Azure Libraries for Java from Microsoft Open Technologies, Inc.

 

This package is based on or incorporates material from the projects listed below (collectively, “Third Party Code”). Microsoft Open Technologies, Inc., is not the original author of the Third Party Code.  The original copyright notices for the Third Party Code, and the licenses under which Microsoft Open Technologies, Inc., received Third Party Code, are reproduced below.  These notices and licenses are provided for informational purposes only.  Microsoft Open Technologies, Inc. not the third party, licenses the Third Party Code to you, and does so under the terms set forth in the license terms for the Package for Windows Azure Libraries, except that source code included in this package for all Third Party Code that was originally released under the Common Development and Distribution License, ver. 1.0 (the "CDDL") is licensed to you under under the CDDL.  Microsoft Open Technologies, Inc., reserves all rights not expressly granted under the license terms for the Package for Windows Azure Libraries (or the CDDL, to the extent applicable), and does not grant any other rights, whether by implication, estoppel or otherwise. 

 

----------------------------------------------------------------------------

 

The files listed below were originally released under the Common Developement and Distribution License (CDDL) Version 1.0:

 

1. jersey-client

Copyright (c) 2010-2011 Oracle and/or its affiliates. All rights reserved.

http://jersey.java.net/

 

2. jersey-json

Copyright (c) 2010-2012 Oracle and/or its affiliates. All rights reserved.

http://jersey.java.net/

 

3. javax.mail

Copyright 1997-2011 Oracle and/or its affiliates. All rights reserved.

http://glassfish.java.net/javaee5/mail/ 

 

4. JavaBeans Activation Framework

Copyright 1997-2005 Sun Microsystems, Inc. All Rights Reserved.

http://www.oracle.com/technetwork/java/javase/downloads/index-135046.html

 

5. Java Architecture for XML Binding (JAXB)

http://www.oracle.com/technetwork/articles/javase/index-140168.html

Copyright 2004 Sun Microsystems, Inc. All rights reserved.

 

6. Jersey Core

Copyright (c) 2010-2011 Oracle and/or its affiliates. All rights reserved.

http://jersey.java.net/

 

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0

1. Definitions.

1.1. "Contributor" means each individual or entity that

creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the

Original Software, prior Modifications used by a

Contributor (if any), and the Modifications made by that

particular Contributor.

1.3. "Covered Software" means (a) the Original Software, or

(b) Modifications, or (c) the combination of files

containing Original Software with files containing

Modifications, in each case including portions thereof.

1.4. "Executable" means the Covered Software in any form

other than Source Code.

1.5. "Initial Developer" means the individual or entity

that first makes Original Software available under this

License.

1.6. "Larger Work" means a work which combines Covered

Software or portions thereof with code not governed by the

terms of this License.

1.7. "License" means this document.

1.8. "Licensable" means having the right to grant, to the

maximum extent possible, whether at the time of the initial

grant or subsequently acquired, any and all of the rights

conveyed herein.

1.9. "Modifications" means the Source Code and Executable

form of any of the following:

A. Any file that results from an addition to,

deletion from or modification of the contents of a

file containing Original Software or previous

Modifications;

B. Any new file that contains any part of the

Original Software or previous Modification; or

C. Any new file that is contributed or otherwise made

available under the terms of this License.

1.10. "Original Software" means the Source Code and

Executable form of computer software code that is

originally released under this License.

1.11. "Patent Claims" means any patent claim(s), now owned

or hereafter acquired, including without limitation,

method, process, and apparatus claims, in any patent

Licensable by grantor.

1.12. "Source Code" means (a) the common form of computer

software code in which modifications are made and (b)

associated documentation included in or with such code.

1.13. "You" (or "Your") means an individual or a legal

entity exercising rights under, and complying with all of

the terms of, this License. For legal entities, "You"

includes any entity which controls, is controlled by, or is

under common control with You. For purposes of this

definition, "control" means (a) the power, direct or

indirect, to cause the direction or management of such

entity, whether by contract or otherwise, or (b) ownership

of more than fifty percent (50%) of the outstanding shares

or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant.

Conditioned upon Your compliance with Section 3.1 below and

subject to third party intellectual property claims, the

Initial Developer hereby grants You a world-wide,

royalty-free, non-exclusive license:

(a) under intellectual property rights (other than

patent or trademark) Licensable by Initial Developer,

to use, reproduce, modify, display, perform,

sublicense and distribute the Original Software (or

portions thereof), with or without Modifications,

and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making,

using or selling of Original Software, to make, have

made, use, practice, sell, and offer for sale, and/or

otherwise dispose of the Original Software (or

portions thereof).

(c) The licenses granted in Sections 2.1(a) and (b)

are effective on the date Initial Developer first

distributes or otherwise makes the Original Software

available to a third party under the terms of this

License.

(d) Notwithstanding Section 2.1(b) above, no patent

license is granted: (1) for code that You delete from

the Original Software, or (2) for infringements

caused by: (i) the modification of the Original

Software, or (ii) the combination of the Original

Software with other software or devices.

2.2. Contributor Grant.

Conditioned upon Your compliance with Section 3.1 below and

subject to third party intellectual property claims, each

Contributor hereby grants You a world-wide, royalty-free,

non-exclusive license:

(a) under intellectual property rights (other than

patent or trademark) Licensable by Contributor to

use, reproduce, modify, display, perform, sublicense

and distribute the Modifications created by such

Contributor (or portions thereof), either on an

unmodified basis, with other Modifications, as

Covered Software and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making,

using, or selling of Modifications made by that

Contributor either alone and/or in combination with

its Contributor Version (or portions of such

combination), to make, use, sell, offer for sale,

have made, and/or otherwise dispose of: (1)

Modifications made by that Contributor (or portions

thereof); and (2) the combination of Modifications

made by that Contributor with its Contributor Version

(or portions of such combination).

(c) The licenses granted in Sections 2.2(a) and

2.2(b) are effective on the date Contributor first

distributes or otherwise makes the Modifications

available to a third party.

(d) Notwithstanding Section 2.2(b) above, no patent

license is granted: (1) for any code that Contributor

has deleted from the Contributor Version; (2) for

infringements caused by: (i) third party

modifications of Contributor Version, or (ii) the

combination of Modifications made by that Contributor

with other software (except as part of the

Contributor Version) or other devices; or (3) under

Patent Claims infringed by Covered Software in the

absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

Any Covered Software that You distribute or otherwise make

available in Executable form must also be made available in

Source Code form and that Source Code form must be

distributed only under the terms of this License. You must

include a copy of this License with every copy of the

Source Code form of the Covered Software You distribute or

otherwise make available. You must inform recipients of any

such Covered Software in Executable form as to how they can

obtain such Covered Software in Source Code form in a

reasonable manner on or through a medium customarily used

for software exchange.

3.2. Modifications.

The Modifications that You create or to which You

contribute are governed by the terms of this License. You

represent that You believe Your Modifications are Your

original creation(s) and/or You have sufficient rights to

grant the rights conveyed by this License.

3.3. Required Notices.

You must include a notice in each of Your Modifications

that identifies You as the Contributor of the Modification.

You may not remove or alter any copyright, patent or

trademark notices contained within the Covered Software, or

any notices of licensing or any descriptive text giving

attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms.

You may not offer or impose any terms on any Covered

Software in Source Code form that alters or restricts the

applicable version of this License or the recipients'

rights hereunder. You may choose to offer, and to charge a

fee for, warranty, support, indemnity or liability

obligations to one or more recipients of Covered Software.

However, you may do so only on Your own behalf, and not on

behalf of the Initial Developer or any Contributor. You

must make it absolutely clear that any such warranty,

support, indemnity or liability obligation is offered by

You alone, and You hereby agree to indemnify the Initial

Developer and every Contributor for any liability incurred

by the Initial Developer or such Contributor as a result of

warranty, support, indemnity or liability terms You offer.

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered

Software under the terms of this License or under the terms

of a license of Your choice, which may contain terms

different from this License, provided that You are in

compliance with the terms of this License and that the

license for the Executable form does not attempt to limit

or alter the recipient's rights in the Source Code form

from the rights set forth in this License. If You

distribute the Covered Software in Executable form under a

different license, You must make it absolutely clear that

any terms which differ from this License are offered by You

alone, not by the Initial Developer or Contributor. You

hereby agree to indemnify the Initial Developer and every

Contributor for any liability incurred by the Initial

Developer or such Contributor as a result of any such terms

You offer.

3.6. Larger Works.

You may create a Larger Work by combining Covered Software

with other code not governed by the terms of this License

and distribute the Larger Work as a single product. In such

a case, You must make sure the requirements of this License

are fulfilled for the Covered Software.

4. Versions of the License.

4.1. New Versions.

Sun Microsystems, Inc. is the initial license steward and

may publish revised and/or new versions of this License

from time to time. Each version will be given a

distinguishing version number. Except as provided in

Section 4.3, no one other than the license steward has the

right to modify this License.

4.2. Effect of New Versions.

You may always continue to use, distribute or otherwise

make the Covered Software available under the terms of the

version of the License under which You originally received

the Covered Software. If the Initial Developer includes a

notice in the Original Software prohibiting it from being

distributed or otherwise made available under any

subsequent version of the License, You must distribute and

make the Covered Software available under the terms of the

version of the License under which You originally received

the Covered Software. Otherwise, You may also choose to

use, distribute or otherwise make the Covered Software

available under the terms of any subsequent version of the

License published by the license steward.

4.3. Modified Versions.

When You are an Initial Developer and You want to create a

new license for Your Original Software, You may create and

use a modified version of this License if You: (a) rename

the license and remove any references to the name of the

license steward (except to note that the license differs

from this License); and (b) otherwise make it clear that

the license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY.

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"

BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED

SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR

PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND

PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY

COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE

INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF

ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF

WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF

ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS

DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will

terminate automatically if You fail to comply with terms

herein and fail to cure such breach within 30 days of

becoming aware of the breach. Provisions which, by their

nature, must remain in effect beyond the termination of

this License shall survive.

6.2. If You assert a patent infringement claim (excluding

declaratory judgment actions) against Initial Developer or

a Contributor (the Initial Developer or Contributor against

whom You assert such claim is referred to as "Participant")

alleging that the Participant Software (meaning the

Contributor Version where the Participant is a Contributor

or the Original Software where the Participant is the

Initial Developer) directly or indirectly infringes any

patent, then any and all rights granted directly or

indirectly to You by such Participant, the Initial

Developer (if the Initial Developer is not the Participant)

and all Contributors under Sections 2.1 and/or 2.2 of this

License shall, upon 60 days notice from Participant

terminate prospectively and automatically at the expiration

of such 60 day notice period, unless if within such 60 day

period You withdraw Your claim with respect to the

Participant Software against such Participant either

unilaterally or pursuant to a written agreement with

Participant.

6.3. In the event of termination under Sections 6.1 or 6.2

above, all end user licenses that have been validly granted

by You or any distributor hereunder prior to termination

(excluding licenses granted to You by any distributor)

shall survive termination.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE

INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF

COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE

LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK

STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT

APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

The Covered Software is a "commercial item," as that term is

defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

computer software" (as that term is defined at 48 C.F.R. ¤

252.227-7014(a)(1)) and "commercial computer software

documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.

1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1

through 227.7202-4 (June 1995), all U.S. Government End Users

acquire Covered Software with only those rights set forth herein.

This U.S. Government Rights clause is in lieu of, and supersedes,

any other FAR, DFAR, or other clause or provision that addresses

Government rights in computer software under this License.

9. MISCELLANEOUS.

This License represents the complete agreement concerning subject

matter hereof. If any provision of this License is held to be

unenforceable, such provision shall be reformed only to the

extent necessary to make it enforceable. This License shall be

governed by the law of the jurisdiction specified in a notice

contained within the Original Software (except to the extent

applicable law, if any, provides otherwise), excluding such

jurisdiction's conflict-of-law provisions. Any litigation

relating to this License shall be subject to the jurisdiction of

the courts located in the jurisdiction and venue specified in a

notice contained within the Original Software, with the losing

party responsible for costs, including, without limitation, court

costs and reasonable attorneys' fees and expenses. The

application of the United Nations Convention on Contracts for the

International Sale of Goods is expressly excluded. Any law or

regulation which provides that the language of a contract shall

be construed against the drafter shall not apply to this License.

You agree that You alone are responsible for compliance with the

United States export administration regulations (and the export

control laws and regulation of any other countries) when You use,

distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is

responsible for claims and damages arising, directly or

indirectly, out of its utilization of rights under this License

and You agree to work with Initial Developer and Contributors to

distribute such responsibility on an equitable basis. Nothing

herein is intended or shall be deemed to constitute any admission

of liability.

 

*********************End CDDL**************************

 

 

The files listed below were originally released under the Apache License 2.0

 

1. Javax.Inject

http://code.google.com/p/atinject/

Copyright (C) 2009 The JSR-330 Expert Group

 

2. Apache Commons Lang

Copyright 2001-2011 The Apache Software Foundation

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

This product includes software from the Spring Framework,

under the Apache License 2.0 (see: StringUtils.containsWhitespace())

 

3. Jettison

http://jettison.codehaus.org/

Copyright 2006 Envoi Solutions LLC

Includes JSON

Copyright (c) 2002 JSON.org

 

4.Jackson-core-asl 1.9.2

  Jackson-jaxrs 1.9.2

  Jackson-mapper-asl-1.9.2

  Jackson-xc 1.9.2

Copyright (c) 2007- Tatu Saloranta, tatu.saloranta@iki.fi

 

5. Apache Commons Logging 1.1.1

Copyright 2003-2007 The Apache Software Foundation

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

6. The Streaming API for XML (StAX)

http://stax.codehaus.org/

Copyright (c) 2003 by BEA Systems.

 

 

Apache License 2.0

Provided for informational purposes only.

 

 

/* ====================================================================

 * Copyright (c) 1995-1999 The Apache Group.  All rights reserved.

 *

 * Redistribution and use in source and binary forms, with or without

 * modification, are permitted provided that the following conditions

 * are met:

 *

 * 1. Redistributions of source code must retain the above copyright

 *    notice, this list of conditions and the following disclaimer.

 *

 * 2. Redistributions in binary form must reproduce the above copyright

 *    notice, this list of conditions and the following disclaimer in

 *    the documentation and/or other materials provided with the

 *    distribution.

 *

 * 3. All advertising materials mentioning features or use of this

 *    software must display the following acknowledgment:

 *    "This product includes software developed by the Apache Group

 *    for use in the Apache HTTP server project (http://www.apache.org/)."

 *

 * 4. The names "Apache Server" and "Apache Group" must not be used to

 *    endorse or promote products derived from this software without

 *    prior written permission. For written permission, please contact

 *    apache@apache.org.

 *

 * 5. Products derived from this software may not be called "Apache"

 *    nor may "Apache" appear in their names without prior written

 *    permission of the Apache Group.

 *

 * 6. Redistributions of any form whatsoever must retain the following

 *    acknowledgment:

 *    "This product includes software developed by the Apache Group

 *    for use in the Apache HTTP server project (http://www.apache.org/)."

 *

 * THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY

 * EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE

 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR

 * PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE APACHE GROUP OR

 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT

 * NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;

 * LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)

 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

 * STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)

 * ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED

 * OF THE POSSIBILITY OF SUCH DAMAGE.

 * ====================================================================

 *

 * This software consists of voluntary contributions made by many

 * individuals on behalf of the Apache Group and was originally based

 * on public domain software written at the National Center for

 * Supercomputing Applications, University of Illinois, Urbana-Champaign.

 * For more information on the Apache Group and the Apache HTTP server

 * project, please see <http://www.apache.org/>.

 *

 */

********************End Apache License Notice*************************

 

*******************End ThirdPartyNotices.txt File*********************

 

 

=====================================================================================

SQLite-JDBC 3.7.15

This product is distributed with content from SQLite-JDBC, the use of which is governed by the following terms:

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,

and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by

the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all

other entities that control, are controlled by, or are under common

control with that entity. For the purposes of this definition,

"control" means (i) the power, direct or indirect, to cause the

direction or management of such entity, whether by contract or

otherwise, or (ii) ownership of fifty percent (50%) or more of the

outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity

exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications,

including but not limited to software source code, documentation

source, and configuration files.

"Object" form shall mean any form resulting from mechanical

transformation or translation of a Source form, including but

not limited to compiled object code, generated documentation,

and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or

Object form, made available under the License, as indicated by a

copyright notice that is included in or attached to the work

(an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object

form, that is based on (or derived from) the Work and for which the

editorial revisions, annotations, elaborations, or other modifications

represent, as a whole, an original work of authorship. For the purposes

of this License, Derivative Works shall not include works that remain

separable from, or merely link (or bind by name) to the interfaces of,

the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including

the original version of the Work and any modifications or additions

to that Work or Derivative Works thereof, that is intentionally

submitted to Licensor for inclusion in the Work by the copyright owner

or by an individual or Legal Entity authorized to submit on behalf of

the copyright owner. For the purposes of this definition, "submitted"

means any form of electronic, verbal, or written communication sent

to the Licensor or its representatives, including but not limited to

communication on electronic mailing lists, source code control systems,

and issue tracking systems that are managed by, or on behalf of, the

Licensor for the purpose of discussing and improving the Work, but

excluding communication that is conspicuously marked or otherwise

designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity

on behalf of whom a Contribution has been received by Licensor and

subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of

this License, each Contributor hereby grants to You a perpetual,

worldwide, non-exclusive, no-charge, royalty-free, irrevocable

copyright license to reproduce, prepare Derivative Works of,

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or a Contribution incorporated within the Work constitutes direct

or contributory patent infringement, then any patent licenses

granted to You under this License for that Work shall terminate

as of the date such litigation is filed.

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modifications, and in Source or Object form, provided that You

meet the following conditions:

(a) You must give any other recipients of the Work or

Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices

stating that You changed the files; and

(c) You must retain, in the Source form

that You distribute, all copyright,

attribution notices from the Source

excluding those notices that do not

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form of the Work,

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(d) If the Work includes a "NOTICE" text file as part of its

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of the NOTICE file are for informational purposes only and

do not modify the License. You may add Your own attribution

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or as an addendum to the NOTICE text from the Work, provided

that such additional attribution notices cannot be construed

as modifying the License.

You may add Your own copyright statement to Your modifications and

may provide additional or different license terms and conditions

for use, reproduction, or distribution of Your modifications, or

for any such Derivative Works as a whole, provided Your use,

reproduction, and distribution of the Work otherwise complies with

the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,

any Contribution intentionally submitted for inclusion in the Work

by You to the Licensor shall be under the terms and conditions of

this License, without any additional terms or conditions.

Notwithstanding the above, nothing herein shall supersede or modify

the terms of any separate license agreement you may have executed

with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade

names, trademarks, service marks, or product names of the Licensor,

except as required for reasonable and customary use in describing the

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agreed to in writing, Licensor provides the Work (and each

Contributor provides its Contributions) on an "AS IS" BASIS,

WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or

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of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A

PARTICULAR PURPOSE. You are solely responsible for determining the

appropriateness of using or redistributing the Work and assume any

risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,

whether in tort (including negligence), contract, or otherwise,

unless required by applicable law (such as deliberate and grossly

negligent acts) or agreed to in writing, shall any Contributor be

liable to You for damages, including any direct, indirect, special,

incidental, or consequential damages of any character arising as a

result of this License or out of the use or inability to use the

Work (including but not limited to damages for loss of goodwill,

work stoppage, computer failure or malfunction, or any and all

other commercial damages or losses), even if such Contributor

has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing

the Work or Derivative Works thereof, You may choose to offer,

and charge a fee for, acceptance of support, warranty, indemnity,

or other liability obligations and/or rights consistent with this

License. However, in accepting such obligations, You may act only

on Your own behalf and on Your sole responsibility, not on behalf

of any other Contributor, and only if You agree to indemnify,

defend, and hold each Contributor harmless for any liability

incurred by, or claims asserted against, such Contributor by reason

of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following

boilerplate notice, with the fields enclosed by brackets "[]"

replaced with your own identifying information. (Don't include

the brackets!) The text should be enclosed in the appropriate

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file or class name and description of purpose be included on the

same "printed page" as the copyright notice for easier

identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (the "License");

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COPYRIGHT TEXT:

------

/*-------------------------------------------------------------------------- * Copyright 2009 Taro L. Saito * * Licensed under the

Apache License, Version 2.0 (the "License"); * you may not use this file except in compliance with the License. * You may

obtain a copy of the License at * *

http://www.apache.org/licenses/LICENSE-2.0 * * Unless required by applicable law or

agreed to in writing, software * distributed under the License is distributed on an "AS IS" BASIS, * WITHOUT WARRANTIES OR

CONDITIONS OF ANY KIND, either express or implied. * See the License for the specific language governing permissions and *

limitations under the License. *--------------------------------------------------------------------------*/

---------

/* * Copyright (c) 2007 David Crawshaw <david@zentus.com> * * Permission to use, copy, modify, and/or distribute this

software for any * purpose with or without fee is hereby granted, provided that the above * copyright notice and this permission

notice appear in all copies. * * THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES * WITH

REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF * MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL

THE AUTHOR BE LIABLE FOR * ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES *

WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN * ACTION OF CONTRACT, NEGLIGENCE OR

OTHER TORTIOUS ACTION, ARISING OUT OF * OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. */

 

 

=====================================================================================

Commons Codec 1.4

Apache Commons Codec

Copyright 2002-2009 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

--------------------------------------------------------------------------------

src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java contains

test data from http://aspell.sourceforge.net/test/batch0.tab.

 

Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org). Verbatim copying

and distribution of this entire article is permitted in any medium,

provided this notice is preserved.

--------------------------------------------------------------------------------

 

 

=====================================================================================

Commons Collections 3.2.1

Apache Commons Collections

Copyright 2001-2008 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

 

=====================================================================================

Commons Logging 1.1.1

Apache Commons Logging

Copyright 2003-2007 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

 

=====================================================================================

commons-dbcp-1.4.jar

Apache Commons DBCP

Copyright 2001-2010 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

 

=====================================================================================

commons-pool-1.5.4.jar

Apache Commons Pool

Copyright 1999-2009 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

 

=====================================================================================

httpclient 4.3.4

Apache HttpComponents Client

Copyright 1999-2011 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

This project contains annotations derived from JCIP-ANNOTATIONS

Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net

 

 

=====================================================================================

httpcore 4.1

Apache HttpComponents Core

Copyright 2005-2010 The Apache Software Foundation

 

This product includes software developed by

The Apache Software Foundation (http://www.apache.org/).

 

 

=====================================================================================

iText 2.1.5

MOZILLA PUBLIC LICENSE

                                Version 1.1

 

                              ---------------

 

1. Definitions.

 

     1.0.1. "Commercial Use" means distribution or otherwise making the

     Covered Code available to a third party.

 

     1.1. "Contributor" means each entity that creates or contributes to

     the creation of Modifications.

 

     1.2. "Contributor Version" means the combination of the Original

     Code, prior Modifications used by a Contributor, and the Modifications

     made by that particular Contributor.

 

     1.3. "Covered Code" means the Original Code or Modifications or the

     combination of the Original Code and Modifications, in each case

     including portions thereof.

 

     1.4. "Electronic Distribution Mechanism" means a mechanism generally

     accepted in the software development community for the electronic

     transfer of data.

 

     1.5. "Executable" means Covered Code in any form other than Source

     Code.

 

     1.6. "Initial Developer" means the individual or entity identified

     as the Initial Developer in the Source Code notice required by Exhibit

     A.

 

     1.7. "Larger Work" means a work which combines Covered Code or

     portions thereof with code not governed by the terms of this License.

 

     1.8. "License" means this document.

 

     1.8.1. "Licensable" means having the right to grant, to the maximum

     extent possible, whether at the time of the initial grant or

     subsequently acquired, any and all of the rights conveyed herein.

 

     1.9. "Modifications" means any addition to or deletion from the

     substance or structure of either the Original Code or any previous

     Modifications. When Covered Code is released as a series of files, a

     Modification is:

          A. Any addition to or deletion from the contents of a file

          containing Original Code or previous Modifications.

 

          B. Any new file that contains any part of the Original Code or

          previous Modifications.

 

     1.10. "Original Code" means Source Code of computer software code

     which is described in the Source Code notice required by Exhibit A as

     Original Code, and which, at the time of its release under this

     License is not already Covered Code governed by this License.

 

     1.10.1. "Patent Claims" means any patent claim(s), now owned or

     hereafter acquired, including without limitation,  method, process,

     and apparatus claims, in any patent Licensable by grantor.

 

     1.11. "Source Code" means the preferred form of the Covered Code for

     making modifications to it, including all modules it contains, plus

     any associated interface definition files, scripts used to control

     compilation and installation of an Executable, or source code

     differential comparisons against either the Original Code or another

     well known, available Covered Code of the Contributor's choice. The

     Source Code can be in a compressed or archival form, provided the

     appropriate decompression or de-archiving software is widely available

     for no charge.

 

     1.12. "You" (or "Your")  means an individual or a legal entity

     exercising rights under, and complying with all of the terms of, this

     License or a future version of this License issued under Section 6.1.

     For legal entities, "You" includes any entity which controls, is

     controlled by, or is under common control with You. For purposes of

     this definition, "control" means (a) the power, direct or indirect,

     to cause the direction or management of such entity, whether by

     contract or otherwise, or (b) ownership of more than fifty percent

     (50%) of the outstanding shares or beneficial ownership of such

     entity.

 

2. Source Code License.

 

     2.1. The Initial Developer Grant.

     The Initial Developer hereby grants You a world-wide, royalty-free,

     non-exclusive license, subject to third party intellectual property

     claims:

          (a)  under intellectual property rights (other than patent or

          trademark) Licensable by Initial Developer to use, reproduce,

          modify, display, perform, sublicense and distribute the Original

          Code (or portions thereof) with or without Modifications, and/or

          as part of a Larger Work; and

 

          (b) under Patents Claims infringed by the making, using or

          selling of Original Code, to make, have made, use, practice,

          sell, and offer for sale, and/or otherwise dispose of the

          Original Code (or portions thereof).

 

          (c) the licenses granted in this Section 2.1(a) and (b) are

          effective on the date Initial Developer first distributes

          Original Code under the terms of this License.

 

          (d) Notwithstanding Section 2.1(b) above, no patent license is

          granted: 1) for code that You delete from the Original Code; 2)

          separate from the Original Code;  or 3) for infringements caused

          by: i) the modification of the Original Code or ii) the

          combination of the Original Code with other software or devices.

 

     2.2. Contributor Grant.

     Subject to third party intellectual property claims, each Contributor

     hereby grants You a world-wide, royalty-free, non-exclusive license

 

          (a)  under intellectual property rights (other than patent or

          trademark) Licensable by Contributor, to use, reproduce, modify,

          display, perform, sublicense and distribute the Modifications

          created by such Contributor (or portions thereof) either on an

          unmodified basis, with other Modifications, as Covered Code

          and/or as part of a Larger Work; and

 

          (b) under Patent Claims infringed by the making, using, or

          selling of  Modifications made by that Contributor either alone

          and/or in combination with its Contributor Version (or portions

          of such combination), to make, use, sell, offer for sale, have

          made, and/or otherwise dispose of: 1) Modifications made by that

          Contributor (or portions thereof); and 2) the combination of

          Modifications made by that Contributor with its Contributor

          Version (or portions of such combination).

 

          (c) the licenses granted in Sections 2.2(a) and 2.2(b) are

          effective on the date Contributor first makes Commercial Use of

          the Covered Code.

 

          (d)    Notwithstanding Section 2.2(b) above, no patent license is

          granted: 1) for any code that Contributor has deleted from the

          Contributor Version; 2)  separate from the Contributor Version;

          3)  for infringements caused by: i) third party modifications of

          Contributor Version or ii)  the combination of Modifications made

          by that Contributor with other software  (except as part of the

          Contributor Version) or other devices; or 4) under Patent Claims

          infringed by Covered Code in the absence of Modifications made by

          that Contributor.

 

3. Distribution Obligations.

 

     3.1. Application of License.

     The Modifications which You create or to which You contribute are

     governed by the terms of this License, including without limitation

     Section 2.2. The Source Code version of Covered Code may be

     distributed only under the terms of this License or a future version

     of this License released under Section 6.1, and You must include a

     copy of this License with every copy of the Source Code You

     distribute. You may not offer or impose any terms on any Source Code

     version that alters or restricts the applicable version of this

     License or the recipients' rights hereunder. However, You may include

     an additional document offering the additional rights described in

     Section 3.5.

 

     3.2. Availability of Source Code.

     Any Modification which You create or to which You contribute must be

     made available in Source Code form under the terms of this License

     either on the same media as an Executable version or via an accepted

     Electronic Distribution Mechanism to anyone to whom you made an

     Executable version available; and if made available via Electronic

     Distribution Mechanism, must remain available for at least twelve (12)

     months after the date it initially became available, or at least six

     (6) months after a subsequent version of that particular Modification

     has been made available to such recipients. You are responsible for

     ensuring that the Source Code version remains available even if the

     Electronic Distribution Mechanism is maintained by a third party.

 

     3.3. Description of Modifications.

     You must cause all Covered Code to which You contribute to contain a

     file documenting the changes You made to create that Covered Code and

     the date of any change. You must include a prominent statement that

     the Modification is derived, directly or indirectly, from Original

     Code provided by the Initial Developer and including the name of the

     Initial Developer in (a) the Source Code, and (b) in any notice in an

     Executable version or related documentation in which You describe the

     origin or ownership of the Covered Code.

 

     3.4. Intellectual Property Matters

          (a) Third Party Claims.

          If Contributor has knowledge that a license under a third party's

          intellectual property rights is required to exercise the rights

          granted by such Contributor under Sections 2.1 or 2.2,

          Contributor must include a text file with the Source Code

          distribution titled "LEGAL" which describes the claim and the

          party making the claim in sufficient detail that a recipient will

          know whom to contact. If Contributor obtains such knowledge after

          the Modification is made available as described in Section 3.2,

          Contributor shall promptly modify the LEGAL file in all copies

          Contributor makes available thereafter and shall take other steps

          (such as notifying appropriate mailing lists or newsgroups)

          reasonably calculated to inform those who received the Covered

          Code that new knowledge has been obtained.

 

          (b) Contributor APIs.

          If Contributor's Modifications include an application programming

          interface and Contributor has knowledge of patent licenses which

          are reasonably necessary to implement that API, Contributor must

          also include this information in the LEGAL file.

 

               (c)    Representations.

          Contributor represents that, except as disclosed pursuant to

          Section 3.4(a) above, Contributor believes that Contributor's

          Modifications are Contributor's original creation(s) and/or

          Contributor has sufficient rights to grant the rights conveyed by

          this License.

 

     3.5. Required Notices.

     You must duplicate the notice in Exhibit A in each file of the Source

     Code.  If it is not possible to put such notice in a particular Source

     Code file due to its structure, then You must include such notice in a

     location (such as a relevant directory) where a user would be likely

     to look for such a notice.  If You created one or more Modification(s)

     You may add your name as a Contributor to the notice described in

     Exhibit A.  You must also duplicate this License in any documentation

     for the Source Code where You describe recipients' rights or ownership

     rights relating to Covered Code.  You may choose to offer, and to

     charge a fee for, warranty, support, indemnity or liability

     obligations to one or more recipients of Covered Code. However, You

     may do so only on Your own behalf, and not on behalf of the Initial

     Developer or any Contributor. You must make it absolutely clear than

     any such warranty, support, indemnity or liability obligation is

     offered by You alone, and You hereby agree to indemnify the Initial

     Developer and every Contributor for any liability incurred by the

     Initial Developer or such Contributor as a result of warranty,

     support, indemnity or liability terms You offer.

 

     3.6. Distribution of Executable Versions.

     You may distribute Covered Code in Executable form only if the

     requirements of Section 3.1-3.5 have been met for that Covered Code,

     and if You include a notice stating that the Source Code version of

     the Covered Code is available under the terms of this License,

     including a description of how and where You have fulfilled the

     obligations of Section 3.2. The notice must be conspicuously included

     in any notice in an Executable version, related documentation or

     collateral in which You describe recipients' rights relating to the

     Covered Code. You may distribute the Executable version of Covered

     Code or ownership rights under a license of Your choice, which may

     contain terms different from this License, provided that You are in

     compliance with the terms of this License and that the license for the

     Executable version does not attempt to limit or alter the recipient's

     rights in the Source Code version from the rights set forth in this

     License. If You distribute the Executable version under a different

     license You must make it absolutely clear that any terms which differ

     from this License are offered by You alone, not by the Initial

     Developer or any Contributor. You hereby agree to indemnify the

     Initial Developer and every Contributor for any liability incurred by

     the Initial Developer or such Contributor as a result of any such

     terms You offer.

 

     3.7. Larger Works.

     You may create a Larger Work by combining Covered Code with other code

     not governed by the terms of this License and distribute the Larger

     Work as a single product. In such a case, You must make sure the

     requirements of this License are fulfilled for the Covered Code.

 

4. Inability to Comply Due to Statute or Regulation.

 

     If it is impossible for You to comply with any of the terms of this

     License with respect to some or all of the Covered Code due to

     statute, judicial order, or regulation then You must: (a) comply with

     the terms of this License to the maximum extent possible; and (b)

     describe the limitations and the code they affect. Such description

     must be included in the LEGAL file described in Section 3.4 and must

     be included with all distributions of the Source Code. Except to the

     extent prohibited by statute or regulation, such description must be

     sufficiently detailed for a recipient of ordinary skill to be able to

     understand it.

 

5. Application of this License.

 

     This License applies to code to which the Initial Developer has

     attached the notice in Exhibit A and to related Covered Code.

 

6. Versions of the License.

 

     6.1. New Versions.

     Netscape Communications Corporation ("Netscape") may publish revised

     and/or new versions of the License from time to time. Each version

     will be given a distinguishing version number.

 

     6.2. Effect of New Versions.

     Once Covered Code has been published under a particular version of the

     License, You may always continue to use it under the terms of that

     version. You may also choose to use such Covered Code under the terms

     of any subsequent version of the License published by Netscape. No one

     other than Netscape has the right to modify the terms applicable to

     Covered Code created under this License.

 

     6.3. Derivative Works.

     If You create or use a modified version of this License (which you may

     only do in order to apply it to code which is not already Covered Code

     governed by this License), You must (a) rename Your license so that

     the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape",

     "MPL", "NPL" or any confusingly similar phrase do not appear in your

     license (except to note that your license differs from this License)

     and (b) otherwise make it clear that Your version of the license

     contains terms which differ from the Mozilla Public License and

     Netscape Public License. (Filling in the name of the Initial

     Developer, Original Code or Contributor in the notice described in

     Exhibit A shall not of themselves be deemed to be modifications of

     this License.)

 

7. DISCLAIMER OF WARRANTY.

 

     COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,

     WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,

     WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF

     DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.

     THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE

     IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,

     YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE

     COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER

     OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF

     ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 

8. TERMINATION.

 

     8.1.  This License and the rights granted hereunder will terminate

     automatically if You fail to comply with terms herein and fail to cure

     such breach within 30 days of becoming aware of the breach. All

     sublicenses to the Covered Code which are properly granted shall

     survive any termination of this License. Provisions which, by their

     nature, must remain in effect beyond the termination of this License

     shall survive.

 

     8.2.  If You initiate litigation by asserting a patent infringement

     claim (excluding declatory judgment actions) against Initial Developer

     or a Contributor (the Initial Developer or Contributor against whom

     You file such action is referred to as "Participant")  alleging that:

 

     (a)  such Participant's Contributor Version directly or indirectly

     infringes any patent, then any and all rights granted by such

     Participant to You under Sections 2.1 and/or 2.2 of this License

     shall, upon 60 days notice from Participant terminate prospectively,

     unless if within 60 days after receipt of notice You either: (i)

     agree in writing to pay Participant a mutually agreeable reasonable

     royalty for Your past and future use of Modifications made by such

     Participant, or (ii) withdraw Your litigation claim with respect to

     the Contributor Version against such Participant.  If within 60 days

     of notice, a reasonable royalty and payment arrangement are not

     mutually agreed upon in writing by the parties or the litigation claim

     is not withdrawn, the rights granted by Participant to You under

     Sections 2.1 and/or 2.2 automatically terminate at the expiration of

     the 60 day notice period specified above.

 

     (b)  any software, hardware, or device, other than such Participant's

     Contributor Version, directly or indirectly infringes any patent, then

     any rights granted to You by such Participant under Sections 2.1(b)

     and 2.2(b) are revoked effective as of the date You first made, used,

     sold, distributed, or had made, Modifications made by that

     Participant.

 

     8.3.  If You assert a patent infringement claim against Participant

     alleging that such Participant's Contributor Version directly or

     indirectly infringes any patent where such claim is resolved (such as

     by license or settlement) prior to the initiation of patent

     infringement litigation, then the reasonable value of the licenses

     granted by such Participant under Sections 2.1 or 2.2 shall be taken

     into account in determining the amount or value of any payment or

     license.

 

     8.4.  In the event of termination under Sections 8.1 or 8.2 above,

     all end user license agreements (excluding distributors and resellers)

     which have been validly granted by You or any distributor hereunder

     prior to termination shall survive termination.

 

9. LIMITATION OF LIABILITY.

 

     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL

     DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,

     OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR

     ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY

     CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,

     WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY

     RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW

     PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE

     EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO

     THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

 

10. U.S. GOVERNMENT END USERS.

 

     The Covered Code is a "commercial item," as that term is defined in

     48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer

     software" and "commercial computer software documentation," as such

     terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48

     C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),

     all U.S. Government End Users acquire Covered Code with only those

     rights set forth herein.

 

11. MISCELLANEOUS.

 

     This License represents the complete agreement concerning subject

     matter hereof. If any provision of this License is held to be

     unenforceable, such provision shall be reformed only to the extent

     necessary to make it enforceable. This License shall be governed by

     California law provisions (except to the extent applicable law, if

     any, provides otherwise), excluding its conflict-of-law provisions.

     With respect to disputes in which at least one party is a citizen of,

     or an entity chartered or registered to do business in the United

     States of America, any litigation relating to this License shall be

     subject to the jurisdiction of the Federal Courts of the Northern

     District of California, with venue lying in Santa Clara County,

     California, with the losing party responsible for costs, including

     without limitation, court costs and reasonable attorneys' fees and

     expenses. The application of the United Nations Convention on

     Contracts for the International Sale of Goods is expressly excluded.

     Any law or regulation which provides that the language of a contract

     shall be construed against the drafter shall not apply to this

     License.

 

12. RESPONSIBILITY FOR CLAIMS.

 

     As between Initial Developer and the Contributors, each party is

     responsible for claims and damages arising, directly or indirectly,

     out of its utilization of rights under this License and You agree to

     work with Initial Developer and Contributors to distribute such

     responsibility on an equitable basis. Nothing herein is intended or

     shall be deemed to constitute any admission of liability.

 

13. MULTIPLE-LICENSED CODE.

 

     Initial Developer may designate portions of the Covered Code as

     "Multiple-Licensed".  "Multiple-Licensed" means that the Initial

     Developer permits you to utilize portions of the Covered Code under

     Your choice of the NPL or the alternative licenses, if any, specified

     by the Initial Developer in the file described in Exhibit A.

 

EXHIBIT A -Mozilla Public License.

 

     ``The contents of this file are subject to the Mozilla Public License

     Version 1.1 (the "License"); you may not use this file except in

     compliance with the License. You may obtain a copy of the License at

     http://www.mozilla.org/MPL/

 

     Software distributed under the License is distributed on an "AS IS"

     basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the

     License for the specific language governing rights and limitations

     under the License.

 

     The Original Code is ______________________________________.

 

     The Initial Developer of the Original Code is ________________________.

     Portions created by ______________________ are Copyright (C) ______

     _______________________. All Rights Reserved.

 

     Contributor(s): ______________________________________.

 

     Alternatively, the contents of this file may be used under the terms

     of the _____ license (the  "[___] License"), in which case the

     provisions of [______] License are applicable instead of those

     above.  If you wish to allow use of your version of this file only

     under the terms of the [____] License and not to allow others to use

     your version of this file under the MPL, indicate your decision by

     deleting  the provisions above and replace  them with the notice and

     other provisions required by the [___] License.  If you do not delete

     the provisions above, a recipient may use your version of this file

     under either the MPL or the [___] License."

 

     [NOTE: The text of this Exhibit A may differ slightly from the text of

     the notices in the Source Code files of the Original Code. You should

     use the text of this Exhibit A rather than the text found in the

     Original Code Source Code for Your Modifications.]

 

Portions of iText were obtained under the following:

(1)

 

ExceptionConverter:

The original version of this class was published in an article by Heinz Kabutz.

Read http://www.javaspecialists.co.za/archive/newsletter.do?issue=033&print=yes&locale=en_US

"This material from The Java(tm) Specialists' Newsletter by Maximum Solutions

(South Africa). Please contact Maximum Solutions  for more information.

 

(2)

 

SimpleXMLParser:

The original version of this class was published in a JavaWorld article by Steven Brandt:

http://www.javaworld.com/javaworld/javatips/jw-javatip128.html

Jennifer Orr (JavaWorld) wrote: "You have permission to use the code appearing in

Steven Brandt's JavaWorld article, 'Java Tip 128: Create a quick-and-dirty XML parser.'

We ask that you reference the author as the creator and JavaWorld as the original publisher

of the code." Steven Brandt also agreed with the use of this class.

 

(3)

 

The following files contain material that was copyrighted by SUN:

 

com/lowagie/text/pdf/LZWDecoder.java (first appearance in iText: 2002-02-08)

com/lowagie/text/pdf/codec/BmpImage.java (first appearance in iText: 2003-06-20)

com/lowagie/text/pdf/codec/PngImage.java (first appearance in iText: 2003-04-25)

com/lowagie/text/pdf/codec/TIFFDirectory.java (first appearance in iText: 2003-04-09)

com/lowagie/text/pdf/codec/TIFFFaxDecoder.java (first appearance in iText: 2003-04-09)

com/lowagie/text/pdf/codec/TIFFField.java (first appearance in iText: 2003-04-09)

com/lowagie/text/pdf/codec/TIFFLZWDecoder.java (first appearance in iText: 2003-04-09)

 

The original code was released under the BSD license, and contained the following

extra restriction: "You acknowledge that Software is not designed, licensed or intended

for use in the design, construction, operation or maintenance of any nuclear facility."

 

In a mail sent to Bruno Lowagie on January 23, 2008, Brian Burkhalter (@sun.com)

writes: "This code is under a BSD license and supersedes the older codec packages

on which your code is based. It also includes numerous fixes among them being the

ability to handle a lot of 'broken' TIFFs."

 

Note that numerous fixes were applied to the code used in iText by Paulo Soares,

but apart from the fixes there were no essential changes between the code that

was originally adapted and the code that is now available under the following

license:

 

 Copyright (c) 2005 Sun Microsystems, Inc. All  Rights Reserved.

 

 Redistribution and use in source and binary forms, with or without

 modification, are permitted provided that the following conditions

 are met:

 

 - Redistribution of source code must retain the above copyright

   notice, this  list of conditions and the following disclaimer.

 

 - Redistribution in binary form must reproduce the above copyright

   notice, this list of conditions and the following disclaimer in

   the documentation and/or other materials provided with the

   distribution.

 

 Neither the name of Sun Microsystems, Inc. or the names of

 contributors may be used to endorse or promote products derived

 from this software without specific prior written permission.

 

 This software is provided "AS IS," without a warranty of any

 kind. ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND

 WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY,

 FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY

 EXCLUDED. SUN MIDROSYSTEMS, INC. ("SUN") AND ITS LICENSORS SHALL

 NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF

 USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS

 DERIVATIVES. IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR

 ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL,

 CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND

 REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR

 INABILITY TO USE THIS SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE

 POSSIBILITY OF SUCH DAMAGES.

 

 You acknowledge that this software is not designed or intended for

 use in the design, construction, operation or maintenance of any

 nuclear facility.

 

The main difference can be found in the final paragraph: the restriction

that the source code is not "licensed" in this particular situation has

been removed.

 

FYI: Brian also added: "A bit of history might be in order.

The codec classes that you used originally were based on some

classes included with JAI but not strictly part of JAI.

As of Java SE 1.4 an official Image I/O framework was

added in javax.imageio.... This frameork supports these formats:

 

Java 1.4: GIF (read only), JPEG, PNG

Java 1.5: Added support for BMP and WBMP

Java 1.6: Added support for writing GIF

 

The JAI Image I/O Tools packages (jai-imageio-core) were created

to support formats handled by JAI but not included in Java SE

as well as some new things like JPEG2000."

 

(4) the file com/lowagie/text/pdf/codec/TIFFConstants

and some other TIFF related code is derived from LIBTIFF:

 

 Copyright (c) 1988-1997 Sam Leffler

 Copyright (c) 1991-1997 Silicon Graphics, Inc.

 

 Permission to use, copy, modify, distribute, and sell this software and

 its documentation for any purpose is hereby granted without fee, provided

 that (i) the above copyright notices and this permission notice appear in

 all copies of the software and related documentation, and (ii) the names of

 Sam Leffler and Silicon Graphics may not be used in any advertising or

 publicity relating to the software without the specific, prior written

 permission of Sam Leffler and Silicon Graphics.

 

 THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND,

 EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY

 WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 

 

 IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR

 ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND,

 OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,

 WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF

 LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE

 OF THIS SOFTWARE.

 

(5)

 

BidiOrder:

As stated in the Javadoc comments, materials from Unicode.org

are used in the class com/lowagie/text/pdf/BidiOrder.java

The following license applies to these materials:

 http://www.unicode.org/copyright.html#Exhibit1

 

 EXHIBIT 1

 UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE

 

 Unicode Data Files include all data files under the directories

 http://www.unicode.org/Public/, http://www.unicode.org/reports/,

 and http://www.unicode.org/cldr/data/ .

 Unicode Software includes any source code published in the Unicode Standard

 or under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/,

 and http://www.unicode.org/cldr/data/.

 

 NOTICE TO USER: Carefully read the following legal agreement. BY DOWNLOADING,

 INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA FILES ("DATA FILES"),

 AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY,

 ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT

 DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.

 

 COPYRIGHT AND PERMISSION NOTICE

 Copyright (C) 1991-2007 Unicode, Inc. All rights reserved. Distributed under

 the Terms of Use in http://www.unicode.org/copyright.html.

 

 Permission is hereby granted, free of charge, to any person obtaining a copy

 of the Unicode data files and any associated documentation (the "Data Files")

 or Unicode software and any associated documentation (the "Software") to deal

 in the Data Files or Software without restriction, including without limitation

 the rights to use, copy, modify, merge, publish, distribute, and/or sell copies

 of the Data Files or Software, and to permit persons to whom the Data Files

 or Software are furnished to do so, provided that (a) the above copyright

 notice(s) and this permission notice appear with all copies of the Data Files

 or Software, (b) both the above copyright notice(s) and this permission notice

 appear in associated documentation, and (c) there is clear notice in each

 modified Data File or in the Software as well as in the documentation associated

 with the Data File(s) or Software that the data or software has been modified.

 

 THE DATA FILES AND SOFTWARE ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,

 EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,

 FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

 IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE

 LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY

 DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN

 ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN

 CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.

 

 Except as contained in this notice, the name of a copyright holder shall not

 be used in advertising or otherwise to promote the sale, use or other dealings

 in these Data Files or Software without prior written authorization of the

 copyright holder.

 

(6)

Some files use code from different Apache projects.

The source code of these files contains the appropriate copyright notices

as described in the Appendix of http://www.apache.org/licenses/LICENSE-2.0

This is a copy of the text that can be found at that specific URL:

 

Apache License

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==========================================================================

GWT 2.6.1

GOOGLE WEB TOOLKIT LICENSE INFORMATION

 

March 3, 2008

 

The Google Web Toolkit software and sample code developed by Google is

licensed under the Apache License, v. 2.0. Other software included in this

distribution is provided under other licenses, as listed in the Included

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Please note that the executable version of the Google Web Toolkit

distributed by Google will communicate with Google's servers to check for

available updates. If updates are available, you will receive the option to

install them.

 

=====

 

Apache License

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http://www.apache.org/licenses/

 

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distribution as defined by Sections 1 through 9 of this document.

 

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as required for reasonable and customary use in describing the origin of the

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associated with Your exercise of permissions under this License.

 

8. Limitation of Liability. In no event and under no legal theory, whether

in tort (including negligence), contract, or otherwise, unless required by

applicable law (such as deliberate and grossly negligent acts) or agreed to

in writing, shall any Contributor be liable to You for damages, including

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===

 

LICENSE INFORMATION REGARDING BUNDLED THIRD-PARTY SOFTWARE

 

The following third party software is distributed with Google Web

Toolkit and is provided under other licenses and/or has source

available from other locations. Where "gwt-dev.jar" is listed,

substitute in the name of the jar corresponding to your platform,

e.g. "gwt-dev-linux.jar".

 

* Apache Tomcat

  License: Apache License v. 2.0 (above)

  Source code availability: http://tomcat.apache.org

    modifications are at org/apache/tomcat/ within gwt-dev.jar

 

* Apache Tapestry

  License: Apache License v. 2.0 (above)

  Source code availability: http://tapestry.apache.org

 

* ASM 3.1

  License: (custom)

    http://asm.objectweb.org/license.html

  Source code availability: com/google/gwt/dev/asm/ within gwt-dev.jar

 

* Browser Detect v2.1.6

  License: Creative Commons Attribution 1.0

    http://creativecommons.org/licenses/by/1.0/

  Source code availability:

    http://google-web-toolkit.googlecode.com/svn/trunk/tools/benchmark-viewer/src/com/google/gwt/benchmarks/viewer/client/BrowserInfo.java

    (transliterated into Java source)

 

* Eclipse Java Development Tools (JDT)

  License: Eclipse Public License v. 1.0

    http://www.eclipse.org/legal/epl-v10.html

  Source code availability:

    http://archive.eclipse.org/eclipse/downloads/drops/R-3.3.1-200709211145/download.php?dropFile=eclipse-JDT-SDK-3.3.1.zip

 

* Eclipse Standard Widget Toolkit (SWT)

  License: Eclipse Public License v. 1.0

    http://www.eclipse.org/legal/epl-v10.html

  Source code availability:

    Linux: http://download.eclipse.org/eclipse/downloads/drops/R-3.2.1-200609210945/download.php?dropFile=swt-3.2.1-gtk-linux-x86.zip

    Windows: http://download.eclipse.org/eclipse/downloads/drops/R-3.2.1-200609210945/download.php?dropFile=swt-3.2.1-win32-win32-x86.zip

    Mac: http://download.eclipse.org/eclipse/downloads/drops/R-3.2.1-200609210945/download.php?dropFile=swt-3.2.1-carbon-macosx.zip

    modifications are at org/eclipse/swt/ within gwt-dev.jar

 

* Jetty

  License: Apache License v. 2.0 (above)

  Source code availability:

    http://mortbay.org/jetty/

 

* JFreeChart

  License: GNU Lesser General Public License v. 2.1

    http://www.gnu.org/licenses/lgpl.html

  Source code availability:

    http://jfree.org/jfreechart/download.html

 

* Mozilla Rhino

  License: Mozilla Public License v. 1.1

    http://www.mozilla.org/MPL/MPL-1.1.txt

  Source code availability: com/google/gwt/dev/js/rhino/ within gwt-dev.jar

 

* Mozilla 1.7.12 (Linux only)

  License: Mozilla Public License v. 1.1

    http://www.mozilla.org/MPL/MPL-1.1.txt

  Source code availability:

    http://developer.mozilla.org/en/docs/Download_Mozilla_Source_Code

 

* Protobuf

  License: New BSD License

    http://www.opensource.org/licenses/bsd-license.php

  Source code availablility:

    http://code.google.com/p/protobuf/source/checkout

  Binary modifications consist of package-rebasing. The rebased classes are rooted at com/google/gwt/dev/protobuf/ within gwt-dev.jar

 

 

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