This product contains Apache CXF v.2.2.8 as well as the Apache CXF v.2.2.8 subcomponents set forth below. Apache CXF v.2.2.8 and such subcomponents are distributed in accordance with 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
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direction or management of such entity, whether by contract or
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outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity
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Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
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License. However, in accepting such obligations, You may act only
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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.
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Apache CXF includes a number of components and libraries with separate
copyright notices and license terms. Your use of those components are
subject to the terms and conditions of the following licenses.
AntLR Parser Generator (http://www.antlr.org/) antlr:antlr:jar:2.7.7
License: BSD License (http://www.antlr.org/license.html)
AOP alliance (http://aopalliance.sourceforge.net) aopalliance:aopalliance:jar:1.0
License: Public Domain
ASM (http://asm.objectweb.org/asm/asm) asm:asm:jar:2.2.3:compile
License: BSD (http://asm.ow2.org/license.html)
Sun JAXB Reference Implementation Runtime com.sun.xml.bind:jaxb-impl:jar:2.1.12:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun JAXB Reference Implementation Tools com.sun.xml.bind:jaxb-xjc:jar:2.1.12:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun SAAJ Reference Implementation com.sun.xml.messaging.saaj:saaj-impl:jar:1.3.2:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
JSR 311 API (https://jsr311.dev.java.net/) javax.ws.rs:jsr311-api:jar:1.0:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Java Architecture for XML Binding (JAXB API) javax.xml.bind:jaxb-api:jar:2.1:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Sun SAAJ API (http://java.sun.com/webservices/saaj/index.jsp/saaj-api) javax.xml.soap:saaj-api:jar:1.3:compile
License: COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 (http://www.sun.com/cddl/cddl.html)
Jaxen (http://jaxen.codehaus.org/jaxen) jaxen:jaxen:jar:1.1:compile
License: BSD (http://jaxen.codehaus.org/license.html)
Bouncy Castle Provider (http://www.bouncycastle.org/java.html) org.bouncycastle:bcprov-jdk15:jar:1.43
License: Bouncy Castle Licence (http://www.bouncycastle.org/licence.html)
Jetty Server (http://www.eclipse.org/jetty/jetty-parent/project/modules/jetty) org.mortbay.jetty:jetty:jar:6.1.21
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty Server (http://www.eclipse.org/jetty/jetty-parent/project/modules/jetty) org.mortbay.jetty:jetty:jar:6.1.21
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Jetty Utilities (http://www.eclipse.org/jetty/jetty-parent/project/jetty-util) org.mortbay.jetty:jetty-util:jar:6.1.21
License: Apache Software License - Version 2.0 (http://www.apache.org/licenses/LICENSE-2.0)
Jetty Utilities (http://www.eclipse.org/jetty/jetty-parent/project/jetty-util) org.mortbay.jetty:jetty-util:jar:6.1.21
License: Eclipse Public License - Version 1.0 (http://www.eclipse.org/org/documents/epl-v10.php)
Simple Logging Facade for Java - API (http://www.slf4j.org/slf4j-api) org.slf4j:slf4j-api:jar:1.5.8:compile
License: MIT License (http://www.slf4j.org/license.html)
Simple Logging Facade for Java - JDK Logging (http://www.slf4j.org/slf4j-jdk14) org.slf4j:slf4j-jdk14:jar:1.5.8:compile
License: MIT License (http://www.slf4j.org/license.html)
Rhino (http://www.mozilla.org/rhino/) rhino:js:jar:1.7R1
License: Mozilla Public License version 1.1 (http://www.mozilla.org/MPL/MPL-1.1.html)
WSDL4J (http://sf.net/projects/wsdl4j) wsdl4j:wsdl4j:jar:1.6.2
License: CPL (http://www.opensource.org/licenses/cpl1.0.txt)
Sun JAXB Reference Implementation Runtime com.sun.xml.bind:jaxb-impl:jar:2.1.12
Sun JAXB Reference Implementation Tools com.sun.xml.bind:jaxb-xjc:jar:2.1.12
Sun SAAJ Reference Implementation com.sun.xml.messaging.saaj:saaj-impl:jar:1.3.2
JSR 311 API (https://jsr311.dev.java.net/) javax.ws.rs:jsr311-api:jar:1.0
Java Architecture for XML Binding (JAXB API) javax.xml.bind:jaxb-api:jar:2.1
Sun SAAJ API (http://java.sun.com/webservices/saaj/index.jsp/saaj-api) javax.xml.soap:saaj-
api:jar:1.3:
This product contains com.sun.xml.bind:jaxb-impl:jar:2.1.12,jaxb-xjc:jar:2.1.12,saaj-impl:jar:1.3.2,jsr311-api:jar:1.0,jaxb-api:jar:2.1
saaj-api:jar:1.3 . The CDDL Subcomponents were was obtained under the CDDL v.1.0 license, the
terms and conditions of which are set forth below. The CDDL Subcomponents are distributed by
CA for use with this CA product in unmodified, object code form, under the CA End User
License Agreement. Any provisions in the CA End User License Agreement that differ from the
CDDL are offered by CA alone and not by any other party. CA makes the source code for the
CDDL Subcomponents available at http://opensrcd.ca.com/ips/06984_14/ under the terms of the
CDDL v.1.0. license:
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.
WSDL4J :1.6.2
This product contains WSDL4J :1.6.2. The CPL Subcomponents were was obtained under the CPL v.1.0 license, the
terms and conditions of which are set forth below. The CPL Subcomponents are distributed by
CA for use with this CA product in unmodified, object code form, under the CA End User
License Agreement. Any provisions in the CA End User License Agreement that differ from the
CPL are offered by CA alone and not by any other party. CA makes the source code for the CPL
Subcomponents available at http://opensrcd.ca.com/ips/06984_14/ under the terms of the CPL
v.1.0. license:
Common Public License Version 1.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC
LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM
CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution" means:
a) in the case of the initial Contributor, the initial code and
documentation distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are
distributed by that particular Contributor. A Contribution 'originates' from a
Contributor if it was added to the Program by such Contributor itself or anyone
acting on such Contributor's behalf. Contributions do not include additions to
the Program which: (i) are separate modules of software distributed in
conjunction with the Program under their own license agreement, and (ii) are not
derivative works of the Program.
"Contributor" means any person or entity that distributes the Program.
"Licensed Patents " mean patent claims licensable by a Contributor which are
necessarily infringed by the use or sale of its Contribution alone or when
combined with the Program.
"Program" means the Contributions distributed in accordance with this Agreement.
"Recipient" means anyone who receives the Program under this Agreement,
including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free copyright license to
reproduce, prepare derivative works of, publicly display, publicly perform,
distribute and sublicense the Contribution of such Contributor, if any, and such
derivative works, in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed
Patents to make, use, sell, offer to sell, import and otherwise transfer the
Contribution of such Contributor, if any, in source code and object code form.
This patent license shall apply to the combination of the Contribution and the
Program if, at the time the Contribution is added by the Contributor, such
addition of the Contribution causes such combination to be covered by the
Licensed Patents. The patent license shall not apply to any other combinations
which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by any
Contributor that the Program does not infringe the patent or other intellectual
property rights of any other entity. Each Contributor disclaims any liability to
Recipient for claims brought by any other entity based on infringement of
intellectual property rights or otherwise. As a condition to exercising the
rights and licenses granted hereunder, each Recipient hereby assumes sole
responsibility to secure any other intellectual property rights needed, if any.
For example, if a third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to acquire that license
before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license set
forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its
own license agreement, provided that:
a) it complies with the terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title and
non-infringement, and implied warranties or conditions of merchantability and
fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are offered
by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner on or
through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove or alter any copyright notices contained within the
Program.
Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor to
control, and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.
For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and costs of
program errors, compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such Recipient
under this Agreement shall terminate as of the date such litigation is filed. In
addition, if Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.
All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.
Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
as the Agreement Steward to a suitable separate entity. Each new version of the
Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the Agreement
is published, Contributor may elect to distribute the Program (including its
Contributions) under the new version. Except as expressly stated in Sections
2(a) and 2(b) above, Recipient receives no rights or licenses to the
intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.
This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.
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