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  342. For the Windows Installer component:
  343. * All NSIS source code, plug-ins, documentation, examples, header files and
  344. graphics, with the exception of the compression modules and where
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  346. * The zlib compression module for NSIS is licensed under the zlib/libpng
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  349. * The lzma compression module for NSIS is licensed under the Common Public
  350. License version 1.0.
  351. zlib/libpng license
  352. This software is provided 'as-is', without any express or implied warranty. In
  353. no event will the authors be held liable for any damages arising from the use of
  354. this software.
  355. Permission is granted to anyone to use this software for any purpose, including
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  361. appreciated but is not required.
  362. 2. Altered source versions must be plainly marked as such, and must not be
  363. misrepresented as being the original software.
  364. 3. This notice may not be removed or altered from any source distribution.
  365. bzip2 license
  366. Redistribution and use in source and binary forms, with or without modification,
  367. are permitted provided that the following conditions are met:
  368. 1. Redistributions of source code must retain the above copyright notice,
  369. this list of conditions and the following disclaimer.
  370. 2. The origin of this software must not be misrepresented; you must not claim
  371. that you wrote the original software. If you use this software in a
  372. product, an acknowledgment in the product documentation would be
  373. appreciated but is not required.
  374. 3. Altered source versions must be plainly marked as such, and must not be
  375. misrepresented as being the original software.
  376. 4. The name of the author may not be used to endorse or promote products
  377. derived from this software without specific prior written permission.
  378. THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED
  379. WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
  380. MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT
  381. SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
  382. EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
  383. OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
  384. INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
  385. CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
  386. IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
  387. OF SUCH DAMAGE.
  388. Julian Seward, Cambridge, UK.
  389. jseward@acm.org
  390. Common Public License version 1.0
  391. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
  392. LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
  393. CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
  394. 1. DEFINITIONS
  395. "Contribution" means:
  396. a) in the case of the initial Contributor, the initial code and documentation
  397. distributed under this Agreement, and b) in the case of each subsequent
  398. Contributor:
  399. i) changes to the Program, and
  400. ii) additions to the Program;
  401. where such changes and/or additions to the Program originate from and are
  402. distributed by that particular Contributor. A Contribution 'originates' from a
  403. Contributor if it was added to the Program by such Contributor itself or anyone
  404. acting on such Contributor's behalf. Contributions do not include additions to
  405. the Program which: (i) are separate modules of software distributed in
  406. conjunction with the Program under their own license agreement, and (ii) are not
  407. derivative works of the Program.
  408. "Contributor" means any person or entity that distributes the Program.
  409. "Licensed Patents " mean patent claims licensable by a Contributor which are
  410. necessarily infringed by the use or sale of its Contribution alone or when
  411. combined with the Program.
  412. "Program" means the Contributions distributed in accordance with this Agreement.
  413. "Recipient" means anyone who receives the Program under this Agreement,
  414. including all Contributors.
  415. 2. GRANT OF RIGHTS
  416. a) Subject to the terms of this Agreement, each Contributor hereby grants
  417. Recipient a non-exclusive, worldwide, royalty-free copyright license to
  418. reproduce, prepare derivative works of, publicly display, publicly perform,
  419. distribute and sublicense the Contribution of such Contributor, if any, and such
  420. derivative works, in source code and object code form.
  421. b) Subject to the terms of this Agreement, each Contributor hereby grants
  422. Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
  423. Patents to make, use, sell, offer to sell, import and otherwise transfer the
  424. Contribution of such Contributor, if any, in source code and object code form.
  425. This patent license shall apply to the combination of the Contribution and the
  426. Program if, at the time the Contribution is added by the Contributor, such
  427. addition of the Contribution causes such combination to be covered by the
  428. Licensed Patents. The patent license shall not apply to any other combinations
  429. which include the Contribution. No hardware per se is licensed hereunder.
  430. c) Recipient understands that although each Contributor grants the licenses to
  431. its Contributions set forth herein, no assurances are provided by any
  432. Contributor that the Program does not infringe the patent or other intellectual
  433. property rights of any other entity. Each Contributor disclaims any liability to
  434. Recipient for claims brought by any other entity based on infringement of
  435. intellectual property rights or otherwise. As a condition to exercising the
  436. rights and licenses granted hereunder, each Recipient hereby assumes sole
  437. responsibility to secure any other intellectual property rights needed, if any.
  438. For example, if a third party patent license is required to allow Recipient to
  439. distribute the Program, it is Recipient's responsibility to acquire that license
  440. before distributing the Program.
  441. d) Each Contributor represents that to its knowledge it has sufficient copyright
  442. rights in its Contribution, if any, to grant the copyright license set forth in
  443. this Agreement.
  444. 3. REQUIREMENTS
  445. A Contributor may choose to distribute the Program in object code form under its
  446. own license agreement, provided that:
  447. a) it complies with the terms and conditions of this Agreement; and
  448. b) its license agreement:
  449. i) effectively disclaims on behalf of all Contributors all warranties and
  450. conditions, express and implied, including warranties or conditions of title and
  451. non-infringement, and implied warranties or conditions of merchantability and
  452. fitness for a particular purpose;
  453. ii) effectively excludes on behalf of all Contributors all liability for
  454. damages, including direct, indirect, special, incidental and consequential
  455. damages, such as lost profits;
  456. iii) states that any provisions which differ from this Agreement are offered by
  457. that Contributor alone and not by any other party; and
  458. iv) states that source code for the Program is available from such Contributor,
  459. and informs licensees how to obtain it in a reasonable manner on or through a
  460. medium customarily used for software exchange.
  461. When the Program is made available in source code form:
  462. a) it must be made available under this Agreement; and
  463. b) a copy of this Agreement must be included with each copy of the Program.
  464. Contributors may not remove or alter any copyright notices contained within the
  465. Program.
  466. Each Contributor must identify itself as the originator of its Contribution, if
  467. any, in a manner that reasonably allows subsequent Recipients to identify the
  468. originator of the Contribution.
  469. 4. COMMERCIAL DISTRIBUTION
  470. Commercial distributors of software may accept certain responsibilities with
  471. respect to end users, business partners and the like. While this license is
  472. intended to facilitate the commercial use of the Program, the Contributor who
  473. includes the Program in a commercial product offering should do so in a manner
  474. which does not create potential liability for other Contributors. Therefore, if
  475. a Contributor includes the Program in a commercial product offering, such
  476. Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
  477. every other Contributor ("Indemnified Contributor") against any losses, damages
  478. and costs (collectively "Losses") arising from claims, lawsuits and other legal
  479. actions brought by a third party against the Indemnified Contributor to the
  480. extent caused by the acts or omissions of such Commercial Contributor in
  481. connection with its distribution of the Program in a commercial product
  482. offering. The obligations in this section do not apply to any claims or Losses
  483. relating to any actual or alleged intellectual property infringement. In order
  484. to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
  485. Contributor in writing of such claim, and b) allow the Commercial Contributor to
  486. control, and cooperate with the Commercial Contributor in, the defense and any
  487. related settlement negotiations. The Indemnified Contributor may participate in
  488. any such claim at its own expense.
  489. For example, a Contributor might include the Program in a commercial product
  490. offering, Product X. That Contributor is then a Commercial Contributor. If that
  491. Commercial Contributor then makes performance claims, or offers warranties
  492. related to Product X, those performance claims and warranties are such
  493. Commercial Contributor's responsibility alone. Under this section, the
  494. Commercial Contributor would have to defend claims against the other
  495. Contributors related to those performance claims and warranties, and if a court
  496. requires any other Contributor to pay any damages as a result, the Commercial
  497. Contributor must pay those damages.
  498. 5. NO WARRANTY
  499. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
  500. "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
  501. IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
  502. NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
  503. Recipient is solely responsible for determining the appropriateness of using and
  504. distributing the Program and assumes all risks associated with its exercise of
  505. rights under this Agreement, including but not limited to the risks and costs of
  506. program errors, compliance with applicable laws, damage to or loss of data,
  507. programs or equipment, and unavailability or interruption of operations.
  508. 6. DISCLAIMER OF LIABILITY
  509. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
  510. CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
  511. SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
  512. PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
  513. STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
  514. OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
  515. GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  516. 7. GENERAL
  517. If any provision of this Agreement is invalid or unenforceable under applicable
  518. law, it shall not affect the validity or enforceability of the remainder of the
  519. terms of this Agreement, and without further action by the parties hereto, such
  520. provision shall be reformed to the minimum extent necessary to make such
  521. provision valid and enforceable.
  522. If Recipient institutes patent litigation against a Contributor with respect to
  523. a patent applicable to software (including a cross-claim or counterclaim in a
  524. lawsuit), then any patent licenses granted by that Contributor to such Recipient
  525. under this Agreement shall terminate as of the date such litigation is filed. In
  526. addition, if Recipient institutes patent litigation against any entity
  527. (including a cross-claim or counterclaim in a lawsuit) alleging that the Program
  528. itself (excluding combinations of the Program with other software or hardware)
  529. infringes such Recipient's patent(s), then such Recipient's rights granted under
  530. Section 2(b) shall terminate as of the date such litigation is filed.
  531. All Recipient's rights under this Agreement shall terminate if it fails to
  532. comply with any of the material terms or conditions of this Agreement and does
  533. not cure such failure in a reasonable period of time after becoming aware of
  534. such noncompliance. If all Recipient's rights under this Agreement terminate,
  535. Recipient agrees to cease use and distribution of the Program as soon as
  536. reasonably practicable. However, Recipient's obligations under this Agreement
  537. and any licenses granted by Recipient relating to the Program shall continue and
  538. survive.
  539. Everyone is permitted to copy and distribute copies of this Agreement, but in
  540. order to avoid inconsistency the Agreement is copyrighted and may only be
  541. modified in the following manner. The Agreement Steward reserves the right to
  542. publish new versions (including revisions) of this Agreement from time to time.
  543. No one other than the Agreement Steward has the right to modify this Agreement.
  544. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
  545. as the Agreement Steward to a suitable separate entity. Each new version of the
  546. Agreement will be given a distinguishing version number. The Program (including
  547. Contributions) may always be distributed subject to the version of the Agreement
  548. under which it was received. In addition, after a new version of the Agreement
  549. is published, Contributor may elect to distribute the Program (including its
  550. Contributions) under the new version. Except as expressly stated in Sections
  551. 2(a) and 2(b) above, Recipient receives no rights or licenses to the
  552. intellectual property of any Contributor under this Agreement, whether
  553. expressly, by implication, estoppel or otherwise. All rights in the Program not
  554. expressly granted under this Agreement are reserved.
  555. This Agreement is governed by the laws of the State of New York and the
  556. intellectual property laws of the United States of America. No party to this
  557. Agreement will bring a legal action under this Agreement more than one year
  558. after the cause of action arose. Each party waives its rights to a jury trial in
  559. any resulting litigation.
  560. Special exception for LZMA compression module
  561. Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for
  562. NSIS, expressly permit you to statically or dynamically link your code (or bind
  563. by name) to the files from the LZMA compression module for NSIS without
  564. subjecting your linked code to the terms of the Common Public license version
  565. 1.0. Any modifications or additions to files from the LZMA compression module
  566. for NSIS, however, are subject to the terms of the Common Public License version
  567. 1.0.
  568. For the following XML Schemas for Java EE Deployment Descriptors:
  569. - javaee_5.xsd
  570. - javaee_web_services_1_2.xsd
  571. - javaee_web_services_client_1_2.xsd
  572. - javaee_6.xsd
  573. - javaee_web_services_1_3.xsd
  574. - javaee_web_services_client_1_3.xsd
  575. - jsp_2_2.xsd
  576. - web-app_3_0.xsd
  577. - web-common_3_0.xsd
  578. - web-fragment_3_0.xsd
  579. - javaee_7.xsd
  580. - javaee_web_services_1_4.xsd
  581. - javaee_web_services_client_1_4.xsd
  582. - jsp_2_3.xsd
  583. - web-app_3_1.xsd
  584. - web-common_3_1.xsd
  585. - web-fragment_3_1.xsd
  586. - javaee_8.xsd
  587. - web-app_4_0.xsd
  588. - web-common_4_0.xsd
  589. - web-fragment_4_0.xsd
  590. COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
  591. 1. Definitions.
  592. 1.1. Contributor. means each individual or entity that creates or contributes
  593. to the creation of Modifications.
  594. 1.2. Contributor Version. means the combination of the Original Software,
  595. prior Modifications used by a Contributor (if any), and the
  596. Modifications made by that particular Contributor.
  597. 1.3. Covered Software. means (a) the Original Software, or (b) Modifications,
  598. or (c) the combination of files containing Original Software with files
  599. containing Modifications, in each case including portions thereof.
  600. 1.4. Executable. means the Covered Software in any form other than Source
  601. Code.
  602. 1.5. Initial Developer. means the individual or entity that first makes
  603. Original Software available under this License.
  604. 1.6. Larger Work. means a work which combines Covered Software or portions
  605. thereof with code not governed by the terms of this License.
  606. 1.7. License. means this document.
  607. 1.8. Licensable. means having the right to grant, to the maximum extent
  608. possible, whether at the time of the initial grant or subsequently
  609. acquired, any and all of the rights conveyed herein.
  610. 1.9. Modifications. means the Source Code and Executable form of any of the
  611. following:
  612. A. Any file that results from an addition to, deletion from or
  613. modification of the contents of a file containing Original Software
  614. or previous Modifications;
  615. B. Any new file that contains any part of the Original Software or
  616. previous Modification; or
  617. C. Any new file that is contributed or otherwise made available under
  618. the terms of this License.
  619. 1.10. Original Software. means the Source Code and Executable form of
  620. computer software code that is originally released under this License.
  621. 1.11. Patent Claims. means any patent claim(s), now owned or hereafter
  622. acquired, including without limitation, method, process, and apparatus
  623. claims, in any patent Licensable by grantor.
  624. 1.12. Source Code. means (a) the common form of computer software code in
  625. which modifications are made and (b) associated documentation included
  626. in or with such code.
  627. 1.13. You. (or .Your.) means an individual or a legal entity exercising
  628. rights under, and complying with all of the terms of, this License. For
  629. legal entities, .You. includes any entity which controls, is controlled
  630. by, or is under common control with You. For purposes of this
  631. definition, .control. means (a) the power, direct or indirect, to cause
  632. the direction or management of such entity, whether by contract or
  633. otherwise, or (b) ownership of more than fifty percent (50%) of the
  634. outstanding shares or beneficial ownership of such entity.
  635. 2. License Grants.
  636. 2.1. The Initial Developer Grant.
  637. Conditioned upon Your compliance with Section 3.1 below and subject to
  638. third party intellectual property claims, the Initial Developer hereby
  639. grants You a world-wide, royalty-free, non-exclusive license:
  640. (a) under intellectual property rights (other than patent or trademark)
  641. Licensable by Initial Developer, to use, reproduce, modify, display,
  642. perform, sublicense and distribute the Original Software (or
  643. portions thereof), with or without Modifications, and/or as part of
  644. a Larger Work; and
  645. (b) under Patent Claims infringed by the making, using or selling of
  646. Original Software, to make, have made, use, practice, sell, and
  647. offer for sale, and/or otherwise dispose of the Original Software
  648. (or portions thereof).
  649. (c) The licenses granted in Sections 2.1(a) and (b) are effective on the
  650. date Initial Developer first distributes or otherwise makes the
  651. Original Software available to a third party under the terms of this
  652. License.
  653. (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
  654. (1) for code that You delete from the Original Software, or (2) for
  655. infringements caused by: (i) the modification of the Original
  656. Software, or (ii) the combination of the Original Software with
  657. other software or devices.
  658. 2.2. Contributor Grant.
  659. Conditioned upon Your compliance with Section 3.1 below and subject to third
  660. party intellectual property claims, each Contributor hereby grants You a
  661. world-wide, royalty-free, non-exclusive license:
  662. (a) under intellectual property rights (other than patent or trademark)
  663. Licensable by Contributor to use, reproduce, modify, display,
  664. perform, sublicense and distribute the Modifications created by such
  665. Contributor (or portions thereof), either on an unmodified basis,
  666. with other Modifications, as Covered Software and/or as part of a
  667. Larger Work; and
  668. (b) under Patent Claims infringed by the making, using, or selling of
  669. Modifications made by that Contributor either alone and/or in
  670. combination with its Contributor Version (or portions of such
  671. combination), to make, use, sell, offer for sale, have made, and/or
  672. otherwise dispose of: (1) Modifications made by that Contributor (or
  673. portions thereof); and (2) the combination of Modifications made by
  674. that Contributor with its Contributor Version (or portions of such
  675. combination).
  676. (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
  677. the date Contributor first distributes or otherwise makes the
  678. Modifications available to a third party.
  679. (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
  680. (1) for any code that Contributor has deleted from the Contributor
  681. Version; (2) for infringements caused by: (i) third party
  682. modifications of Contributor Version, or (ii) the combination of
  683. Modifications made by that Contributor with other software (except
  684. as part of the Contributor Version) or other devices; or (3) under
  685. Patent Claims infringed by Covered Software in the absence of
  686. Modifications made by that Contributor.
  687. 3. Distribution Obligations.
  688. 3.1. Availability of Source Code.
  689. Any Covered Software that You distribute or otherwise make available in
  690. Executable form must also be made available in Source Code form and that
  691. Source Code form must be distributed only under the terms of this License.
  692. You must include a copy of this License with every copy of the Source Code
  693. form of the Covered Software You distribute or otherwise make available.
  694. You must inform recipients of any such Covered Software in Executable form
  695. as to how they can obtain such Covered Software in Source Code form in a
  696. reasonable manner on or through a medium customarily used for software
  697. exchange.
  698. 3.2. Modifications.
  699. The Modifications that You create or to which You contribute are governed
  700. by the terms of this License. You represent that You believe Your
  701. Modifications are Your original creation(s) and/or You have sufficient
  702. rights to grant the rights conveyed by this License.
  703. 3.3. Required Notices.
  704. You must include a notice in each of Your Modifications that identifies
  705. You as the Contributor of the Modification. You may not remove or alter
  706. any copyright, patent or trademark notices contained within the Covered
  707. Software, or any notices of licensing or any descriptive text giving
  708. attribution to any Contributor or the Initial Developer.
  709. 3.4. Application of Additional Terms.
  710. You may not offer or impose any terms on any Covered Software in Source
  711. Code form that alters or restricts the applicable version of this License
  712. or the recipients. rights hereunder. You may choose to offer, and to
  713. charge a fee for, warranty, support, indemnity or liability obligations to
  714. one or more recipients of Covered Software. However, you may do so only on
  715. Your own behalf, and not on behalf of the Initial Developer or any
  716. Contributor. You must make it absolutely clear that any such warranty,
  717. support, indemnity or liability obligation is offered by You alone, and
  718. You hereby agree to indemnify the Initial Developer and every Contributor
  719. for any liability incurred by the Initial Developer or such Contributor as
  720. a result of warranty, support, indemnity or liability terms You offer.
  721. 3.5. Distribution of Executable Versions.
  722. You may distribute the Executable form of the Covered Software under the
  723. terms of this License or under the terms of a license of Your choice,
  724. which may contain terms different from this License, provided that You are
  725. in compliance with the terms of this License and that the license for the
  726. Executable form does not attempt to limit or alter the recipient.s rights
  727. in the Source Code form from the rights set forth in this License. If You
  728. distribute the Covered Software in Executable form under a different
  729. license, You must make it absolutely clear that any terms which differ
  730. from this License are offered by You alone, not by the Initial Developer
  731. or Contributor. You hereby agree to indemnify the Initial Developer and
  732. every Contributor for any liability incurred by the Initial Developer or
  733. such Contributor as a result of any such terms You offer.
  734. 3.6. Larger Works.
  735. You may create a Larger Work by combining Covered Software with other code
  736. not governed by the terms of this License and distribute the Larger Work
  737. as a single product. In such a case, You must make sure the requirements
  738. of this License are fulfilled for the Covered Software.
  739. 4. Versions of the License.
  740. 4.1. New Versions.
  741. Sun Microsystems, Inc. is the initial license steward and may publish
  742. revised and/or new versions of this License from time to time. Each
  743. version will be given a distinguishing version number. Except as provided
  744. in Section 4.3, no one other than the license steward has the right to
  745. modify this License.
  746. 4.2. Effect of New Versions.
  747. You may always continue to use, distribute or otherwise make the Covered
  748. Software available under the terms of the version of the License under
  749. which You originally received the Covered Software. If the Initial
  750. Developer includes a notice in the Original Software prohibiting it from
  751. being distributed or otherwise made available under any subsequent version
  752. of the License, You must distribute and make the Covered Software
  753. available under the terms of the version of the License under which You
  754. originally received the Covered Software. Otherwise, You may also choose
  755. to use, distribute or otherwise make the Covered Software available under
  756. the terms of any subsequent version of the License published by the
  757. license steward.
  758. 4.3. Modified Versions.
  759. When You are an Initial Developer and You want to create a new license for
  760. Your Original Software, You may create and use a modified version of this
  761. License if You: (a) rename the license and remove any references to the
  762. name of the license steward (except to note that the license differs from
  763. this License); and (b) otherwise make it clear that the license contains
  764. terms which differ from this License.
  765. 5. DISCLAIMER OF WARRANTY.
  766. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN .AS IS. BASIS, WITHOUT
  767. WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
  768. LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
  769. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
  770. AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
  771. ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
  772. DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
  773. SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
  774. ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
  775. HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  776. 6. TERMINATION.
  777. 6.1. This License and the rights granted hereunder will terminate
  778. automatically if You fail to comply with terms herein and fail to
  779. cure such breach within 30 days of becoming aware of the breach.
  780. Provisions which, by their nature, must remain in effect beyond the
  781. termination of this License shall survive.
  782. 6.2. If You assert a patent infringement claim (excluding declaratory
  783. judgment actions) against Initial Developer or a Contributor (the
  784. Initial Developer or Contributor against whom You assert such claim
  785. is referred to as .Participant.) alleging that the Participant
  786. Software (meaning the Contributor Version where the Participant is a
  787. Contributor or the Original Software where the Participant is the
  788. Initial Developer) directly or indirectly infringes any patent, then
  789. any and all rights granted directly or indirectly to You by such
  790. Participant, the Initial Developer (if the Initial Developer is not
  791. the Participant) and all Contributors under Sections 2.1 and/or 2.2
  792. of this License shall, upon 60 days notice from Participant terminate
  793. prospectively and automatically at the expiration of such 60 day
  794. notice period, unless if within such 60 day period You withdraw Your
  795. claim with respect to the Participant Software against such
  796. Participant either unilaterally or pursuant to a written agreement
  797. with Participant.
  798. 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end
  799. user licenses that have been validly granted by You or any
  800. distributor hereunder prior to termination (excluding licenses
  801. granted to You by any distributor) shall survive termination.
  802. 7. LIMITATION OF LIABILITY.
  803. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  804. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  805. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
  806. ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
  807. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
  808. LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
  809. COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
  810. LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
  811. SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
  812. DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY.S NEGLIGENCE TO THE EXTENT
  813. APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
  814. EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
  815. EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
  816. 8. U.S. GOVERNMENT END USERS.
  817. The Covered Software is a .commercial item,. as that term is defined in 48
  818. C.F.R. 2.101 (Oct. 1995), consisting of .commercial computer software. (as
  819. that term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and commercial
  820. computer software documentation. as such terms are used in 48 C.F.R. 12.212
  821. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
  822. through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
  823. Software with only those rights set forth herein. This U.S. Government Rights
  824. clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
  825. provision that addresses Government rights in computer software under this
  826. License.
  827. 9. MISCELLANEOUS.
  828. This License represents the complete agreement concerning subject matter
  829. hereof. If any provision of this License is held to be unenforceable, such
  830. provision shall be reformed only to the extent necessary to make it
  831. enforceable. This License shall be governed by the law of the jurisdiction
  832. specified in a notice contained within the Original Software (except to the
  833. extent applicable law, if any, provides otherwise), excluding such
  834. jurisdiction's conflict-of-law provisions. Any litigation relating to this
  835. License shall be subject to the jurisdiction of the courts located in the
  836. jurisdiction and venue specified in a notice contained within the Original
  837. Software, with the losing party responsible for costs, including, without
  838. limitation, court costs and reasonable attorneys. fees and expenses. The
  839. application of the United Nations Convention on Contracts for the
  840. International Sale of Goods is expressly excluded. Any law or regulation
  841. which provides that the language of a contract shall be construed against
  842. the drafter shall not apply to this License. You agree that You alone are
  843. responsible for compliance with the United States export administration
  844. regulations (and the export control laws and regulation of any other
  845. countries) when You use, distribute or otherwise make available any Covered
  846. Software.
  847. 10. RESPONSIBILITY FOR CLAIMS.
  848. As between Initial Developer and the Contributors, each party is responsible
  849. for claims and damages arising, directly or indirectly, out of its
  850. utilization of rights under this License and You agree to work with Initial
  851. Developer and Contributors to distribute such responsibility on an equitable
  852. basis. Nothing herein is intended or shall be deemed to constitute any
  853. admission of liability.
  854. NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
  855. LICENSE (CDDL)
  856. The code released under the CDDL shall be governed by the laws of the State
  857. of California (excluding conflict-of-law provisions). Any litigation relating
  858. to this License shall be subject to the jurisdiction of the Federal Courts of
  859. the Northern District of California and the state courts of the State of
  860. California, with venue lying in Santa Clara County, California.