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%% The following software may be included in this product: Mesa 3-D graphics
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Provisions."1.2 "Covered Code" means the Original Code or Modifications, or any
combination thereof.1.3 "Hardware" means any physical device that accepts
input, processes input, stores the results of processing, and/or provides
output.1.4 "Larger Work" means a work that combines Covered Code or portions
thereof with code not governed by the terms of this License.1.5 "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.1.6 "License" means this document.
1.7 "Licensed Patents" means patent claims Licensable by SGI that are infringed
by the use or sale of Original Code or any Modifications provided by SGI, or
any combination thereof.1.8 "Modifications" means any addition to or deletion
from the substance or structure of the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is: A. Any addition to the contents of a file containing Original
Code and/or addition to or deletion from the contents of a file containing
previous Modifications.B. Any new file that contains any part of the Original
Code or previous Modifications.1.9 "Notice" means any notice in Original Code
or Covered Code, as required by and in compliance with this License.1.10
"Original Code" means source code of computer software code that is described
in the source code Notice required by Exhibit A as Original Code, and updates
and error corrections specifically thereto.1.11 "Recipient" 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 8.
For legal entities, "Recipient" includes any entity that controls, is
controlled by, or is under common control with Recipient. For purposes of this
definition, "control" of an entity means (a) the power, direct or indirect, to
direct or manage such entity, or (b) ownership of fifty percent (50%) or more
of the outstanding shares or beneficial ownership of such entity.1.12
"Recipient Patents" means patent claims Licensable by a Recipient that are
infringed by the use or sale of Original Code or any Modifications provided by
SGI, or any combination thereof. 1.13 "SGI" means Silicon Graphics, Inc.
1.14 "SGI Patents" means patent claims Licensable by SGI other than the
Licensed Patents.2. License Grant and Restrictions.
2.1 SGI License Grant. Subject to the terms of this License and any third party
intellectual property claims, for the duration of intellectual property
protections inherent in the Original Code, SGI hereby grants Recipient a
worldwide, royalty-free, non-exclusive license, to do the following: (i) under
copyrights Licensable by SGI, to reproduce, distribute, create derivative works
from, and, to the extent applicable, display and perform the Original Code
and/or any Modifications provided by SGI alone and/or as part of a Larger Work;
and (ii) under any Licensable Patents, to make, have made, use, sell, offer for
sale, import and/or otherwise transfer the Original Code and/or any
Modifications provided by SGI. Recipient accepts the terms and conditions of
this License by undertaking any of the aforementioned actions. The patent
license shall apply to the Covered Code if, at the time any related
Modification is added, such addition of the Modification causes such
combination to be covered by the Licensed Patents. The patent license in
Section 2.1(ii) shall not apply to any other combinations that include the
Modification. No patent license is provided under SGI Patents for infringements
of SGI Patents by Modifications not provided by SGI or combinations of Original
Code and Modifications not provided by SGI. 2.2 Recipient License Grant.
Subject to the terms of this License and any third party intellectual property
claims, Recipient hereby grants SGI and any other Recipients a worldwide,
royalty-free, non-exclusive license, under any Recipient Patents, to make, have
made, use, sell, offer for sale, import and/or otherwise transfer the Original
Code and/or any Modifications provided by SGI.2.3 No License For Hardware
Implementations. The licenses granted in Section 2.1 and 2.2 are not applicable
to implementation in Hardware of the algorithms embodied in the Original Code
or any Modifications provided by SGI .3. Redistributions.
3.1 Retention of Notice/Copy of License. The Notice set forth in Exhibit A,
below, must be conspicuously retained or included in any and all
redistributions of Covered Code. For distributions of the Covered Code in
source code form, the Notice must appear in every file that can include a text
comments field; in executable form, the Notice and a copy of this License must
appear in related documentation or collateral where the Recipient's rights
relating to Covered Code are described. Any Additional Notice Provisions which
actually appears in the Original Code must also be retained or included in any
and all redistributions of Covered Code.3.2 Alternative License. Provided that
Recipient is in compliance with the terms of this License, Recipient may, so
long as without derogation of any of SGI's rights in and to the Original Code,
distribute the source code and/or executable version(s) of Covered Code under
(1) this License; (2) a license identical to this License but for only such
changes as are necessary in order to clarify Recipient's role as licensor of
Modifications; and/or (3) a license of Recipient's choosing, containing terms
different from this License, provided that the license terms include this
Section 3 and Sections 4, 6, 7, 10, 12, and 13, which terms may not be modified
or superseded by any other terms of such license. If Recipient elects to use
any license other than this License, Recipient must make it absolutely clear
that any of its terms which differ from this License are offered by Recipient
alone, and not by SGI. It is emphasized that this License is a limited license,
and, regardless of the license form employed by Recipient in accordance with
this Section 3.2, Recipient may relicense only such rights, in Original Code
and Modifications by SGI, as it has actually been granted by SGI in this
License.3.3 Indemnity. Recipient hereby agrees to indemnify SGI for any
liability incurred by SGI as a result of any such alternative license terms
Recipient offers.4. Termination. This License and the rights granted hereunder
will terminate automatically if Recipient breaches any term herein and fails to
cure such breach within 30 days thereof. Any sublicense to the Covered Code
that is properly granted shall survive any termination of this License, absent
termination by the terms of such sublicense. Provisions that, by their nature,
must remain in effect beyond the termination of this License, shall survive.5.
No Trademark Or Other Rights. This License does not grant any rights to: (i)
any software apart from the Covered Code, nor shall any other rights or
licenses not expressly granted hereunder arise by implication, estoppel or
otherwise with respect to the Covered Code; (ii) any trade name, trademark or
service mark whatsoever, including without limitation any related right for
purposes of endorsement or promotion of products derived from the Covered Code,
without prior written permission of SGI; or (iii) any title to or ownership of
the Original Code, which shall at all times remains with SGI. All rights in the
Original Code not expressly granted under this License are reserved. 6.
Compliance with Laws; Non-Infringement. There are various worldwide laws,
regulations, and executive orders applicable to dispositions of Covered Code,
including without limitation export, re-export, and import control laws,
regulations, and executive orders, of the U.S. government and other countries,
and Recipient is reminded it is obliged to obey such laws, regulations, and
executive orders. Recipient may not distribute Covered Code that (i) in any way
infringes (directly or contributorily) any intellectual property rights of any
kind of any other person or entity or (ii) breaches any representation or
warranty, express, implied or statutory, to which, under any applicable law, it
might be deemed to have been subject.7. Claims of Infringement. If Recipient
learns of any third party claim that any disposition of Covered Code and/or
functionality wholly or partially infringes the third party's intellectual
property rights, Recipient will promptly notify SGI of such claim.8. Versions
of the License. SGI may publish revised and/or new versions of the License from
time to time, each with a distinguishing version number. Once Covered Code has
been published under a particular version of the License, Recipient may, for
the duration of the license, continue to use it under the terms of that
version, or choose to use such Covered Code under the terms of any subsequent
version published by SGI. Subject to the provisions of Sections 3 and 4 of this
License, only SGI may modify the terms applicable to Covered Code created under
this License.9. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED "AS IS." ALL
EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS ARE DISCLAIMED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SGI ASSUMES NO RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. SHOULD
THE SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, SGI ASSUMES NO COST OR LIABILITY
FOR SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY IS AN
ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED
HEREUNDER EXCEPT SUBJECT TO THIS DISCLAIMER.10. LIMITATION OF LIABILITY. UNDER
NO CIRCUMSTANCES NOR LEGAL THEORY, WHETHER TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHERWISE, SHALL SGI OR ANY SGI
LICENSOR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA, 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 SGI'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 THAT EXCLUSION AND LIMITATION MAY NOT
APPLY TO RECIPIENT.11. Indemnity. Recipient shall be solely responsible for
damages arising, directly or indirectly, out of its utilization of rights under
this License. Recipient will defend, indemnify and hold harmless Silicon
Graphics, Inc. from and against any loss, liability, damages, costs or expenses
(including the payment of reasonable attorneys fees) arising out of Recipient's
use, modification, reproduction and distribution of the Covered Code or out of
any representation or warranty made by Recipient.12. U.S. Government End Users.
The Covered Code is a "commercial item" consisting of "commercial computer
software" as such terms are defined in title 48 of the Code of Federal
Regulations and all U.S. Government End Users acquire only the rights set forth
in this License and are subject to the terms of this License.13. Miscellaneous.
This License represents the complete agreement concerning the its subject
matter. If any provision of this License is held to be unenforceable, such
provision shall be reformed so as to achieve as nearly as possible the same
legal and economic effect as the original provision and the remainder of this
License will remain in effect. This License shall be governed by and construed
in accordance with the laws of the United States and the State of California as
applied to agreements entered into and to be performed entirely within
California between California residents. Any litigation relating to this
License shall be subject to the exclusive jurisdiction of the Federal Courts of
the Northern District of California (or, absent subject matter jurisdiction in
such courts, the courts of the State of California), with venue lying
exclusively 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 that provides that the language of a contract shall be construed
against the drafter shall not apply to this License.
Exhibit A
License Applicability. Except to the extent portions of this file are made
subject to an alternative license as permitted in the SGI Free Software License
B, Version 1.1 (the "License"), the contents of this file are subject only to
the provisions of the License. You may not use this file except in compliance
with the License. You may obtain a copy of the License at Silicon Graphics,
Inc., attn: Legal Services, 1600 Amphitheatre Parkway, Mountain View, CA
94043-1351, or at: http://oss.sgi.com/projects/FreeB
Note that, as provided in the License, the Software is distributed on an "AS
IS" basis, with ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS DISCLAIMED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.Original Code. The Original Code is: [name of software,
version number, and release date], developed by Silicon Graphics, Inc. The
Original Code is Copyright (c) [dates of first publication, as appearing in the
Notice in the Original Code] Silicon Graphics, Inc. Copyright in any portions
created by third parties is as indicated elsewhere herein. All Rights
Reserved.Additional Notice Provisions: [such additional provisions, if any, as
appear in the Notice in the Original Code under the heading "Additional Notice
Provisions"]
%% The following software may be included in this product: Byte Code
Engineering Library (BCEL) v. 5; Use of any of this software is governed by the
terms of the license below:
Apache Software License
/*
====================================================================
* The Apache Software License, Version 1.1
*
* Copyright (c) 2001 The Apache Software Foundation.
Allrights
* reserved.
*
* Redistribution and use in source and binary forms,
withor without
* modification, are permitted provided that the
followingconditions
* are met:
*
* 1. Redistributions of source code must retain the
abovecopyright
* notice, this list of conditions and the
followingdisclaimer.
*
* 2. Redistributions in binary form must reproduce
theabove copyright
* notice, this list of conditions and the
followingdisclaimer in
* the documentation and/or other materials
providedwith the
* distribution.
*
* 3. The end-user documentation included with
theredistribution,
* if any, must include the following acknowledgment:
* "This product includes software developed by the
* Apache Software Foundation
(http://www.apache.org/)."
* Alternately, this acknowledgment may appear in
thesoftware itself,
* if and wherever such third-party
acknowledgmentsnormally appear.
*
* 4. The names "Apache" and "Apache Software
Foundation"and
* "Apache BCEL" must not be used to endorse or
promoteproducts
* derived from this software without prior
writtenpermission. For
* written permission, please contact
apache@apache.org. *
* 5. Products derived from this software may not be
called"Apache",
* "Apache BCEL", nor may "Apache" appear in their
name,without
* prior written permission of the Apache
SoftwareFoundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED
ORIMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIEDWARRANTIES
* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSEARE
* DISCLAIMED. IN NO EVENT SHALL THE APACHE
SOFTWAREFOUNDATION 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)
HOWEVERCAUSED AND
* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICTLIABILITY,
* OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
INANY WAY OUT
* OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THEPOSSIBILITY OF
* SUCH DAMAGE.
*
====================================================================
*
* This software consists of voluntary contributions
madeby many
* individuals on behalf of the Apache Software
Foundation. For more
* information on the Apache Software Foundation, pleasesee
* .
*/
%% The following software may be included in this product: Regexp, Regular
Expression Package v. 1.2; Use of any of this software is governed by the terms
of the license below: The Apache Software License, Version 1.1
Copyright (c) 2001 The Apache Software Foundation. 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. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "Apache" and "Apache Software Foundation" and
"Apache Turbine" 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",
"Apache Turbine", nor may "Apache" appear in their name, without
prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``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 SOFTWARE FOUNDATION 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 Software Foundation. For more
information on the Apache Software Foundation, please see
http://www.apache.org.
%% The following software may be included in this product: CUP Parser Generator
for Java v. 0.10k; Use of any of this software is governed by the terms of the
license below: CUP Parser Generator Copyright Notice, License, and Disclaimer
Copyright 1996-1999 by Scott Hudson, Frank Flannery, C. Scott Ananian
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose and without fee is hereby granted, provided
thatthe above copyright notice appear in all copies and that both the
copyrightnotice and this permission notice and warranty disclaimer appear in
supporting documentation, and that the names of the authors or their
employersnot be used in advertising or publicity pertaining to distribution of
the software without specific, written prior permission.
The authors and their employers disclaim all warranties with regard to
thissoftware, including all implied warranties of merchantability and
fitness. In no event shall the authors or their employers be liable for
anyspecial, 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
withthe use or performance of this software.
%% The following software may be included in this product: JLex: A Lexical
Analyzer Generator for Java v. 1.2.5; Use of any of this software is governed
by the terms of the license below: JLEX COPYRIGHT NOTICE, LICENSE AND
DISCLAIMER.
Copyright 1996-2003 by Elliot Joel Berk and C. Scott Ananian
Permission to use, copy, modify, and distribute this software and its
documentation for any purpose
and without fee is hereby granted, provided that the above copyright
noticeappear in all copies
and that both the copyright notice and this permission notice and
warrantydisclaimer appear in
supporting documentation, and that the name of the authors or their
employersnot be used in
advertising or publicity pertaining to distribution of the software
withoutspecific, written prior
permission.
The authors and their employers disclaim all warranties with regard to
thissoftware, including all
implied warranties of merchantability and fitness. In no event shall the
authorsor their employers
be liable for any special, indirect or consequential damages or any
damageswhatsoever resulting
from loss of use, data or profits, whether in an action of contract,
negligenceor other tortious
action, arising out of or in connection with the use or performance of
thissoftware.
Java is a trademark of Sun Microsystems, Inc. References to the Java
programminglanguage in
relation to JLex are not meant to imply that Sun endorses this
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%% The following software may be included in this product: SAX v. 2.0.1; Use of
any of this software is governed by the terms of the license below: Copyright
Status
SAX is free!
In fact, it's not possible to own a license to SAX,
since it's been placed in the public
domain.
No Warranty
Because SAX is released to the public domain, there is
no warranty for the design or for
the software implementation, to the extent permitted
by applicable law. Except when
otherwise stated in writing the copyright holders
and/or other parties provide SAX "as is"
without warranty of any kind, either expressed or
implied, including, but not limited to, the
implied warranties of merchantability and fitness for
a particular purpose. The entire risk as
to the quality and performance of SAX is with you.
Should SAX prove defective, you
assume the cost of all necessary servicing, repair or
correction.
In no event unless required by applicable law or
agreed to in writing will any copyright
holder, or any other party who may modify and/or
redistribute SAX, be liable to you for
damages, including any general, special, incidental or
consequential damages arising out of
the use or inability to use SAX (including but not
limited to loss of data or data being
rendered inaccurate or losses sustained by you or
third parties or a failure of the SAX to
operate with any other programs), even if such holder
or other party has been advised of
the possibility of such damages.
Copyright Disclaimers
This page includes statements to that effect by David
Megginson, who would have been
able to claim copyright for the original work.
SAX 1.0
Version 1.0 of the Simple API for XML (SAX), created
collectively by the membership of
the XML-DEV mailing list, is hereby released into the
public domain.
No one owns SAX: you may use it freely in both
commercial and non-commercial
applications, bundle it with your software
distribution, include it on a CD-ROM, list the
source code in a book, mirror the documentation at
your own web site, or use it in any
other way you see fit.
David Megginson, sax@megginson.com
1998-05-11
SAX 2.0
I hereby abandon any property rights to SAX 2.0 (the
Simple API for XML), and release
all of the SAX 2.0 source code, compiled code, and
documentation contained in this
distribution into the Public Domain. SAX comes with NO
WARRANTY or guarantee of
fitness for any purpose.
David Megginson, david@megginson.com
2000-05-05
%% The following software may be included in this product: Cryptix; Use of any
of this software is governed by the terms of the license below:
Cryptix General License
Copyright © 1995-2003 The Cryptix Foundation Limited. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions aremet:
1.Redistributions of source code must retain the 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.
THIS SOFTWARE IS PROVIDED BY THE CRYPTIX FOUNDATION LIMITED AND CONTRIBUTORS
``AS IS'' AND ANY EXPRESS ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FORA PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE CRYPTIX FOUNDATION LIMITED OR
CONTRIBUTORS BELIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOTLIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESSINTERRUPTION) 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 OFTHE POSSIBILITY
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%% The following software may be included in this product: W3C XML Schema Test
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%% The following software may be included in this product: Stax API; Use of any
of this software is governed by the terms of the license below:
Streaming API for XML (JSR-173) Specification
Reference Implementation
License Agreement
READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING
THESOFTWARE LICENS
ED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS OF
THISAGREEMENT. IF
YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF
THESETERMS BY SELE
CTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE
TOALL THESE TERMS
, PROMPTLY RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN.
1.0 DEFINITIONS.
1.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code.
1.2. "Contributor" means BEA and each entity that creates or contributes to
thecreation of Mo
difications.
1.3. "Covered Code" means the Original Code or Modifications or the
combinationof the Origina
l Code and Modifications, in each case including portions thereof and
corresponding documentat
ion released with the source code.
1.4. "Executable" means Covered Code in any form other than Source Code.
1.5. "FCS" means first commercial shipment of a product.
1.6. "Modifications" means any addition to or deletion from the substance
orstructure of eith
er the Original Code or any previous Modifications. When Covered Code
isreleased as a series
of files, a Modification is:
(a) Any addition to or deletion from the contents of a file containing
OriginalCode or previ
ous Modifications.
(b) Any new file that contains any part of the Original Code or
previousModifications.
1.7. "Original Code" means Source Code of computer software code
ReferenceImplementation.
1.8. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired,including wit
hout limitation, method, process, and apparatus claims, in any patent for
whichthe grantor ha
s the right to grant a license.
1.9. "Reference Implementation" means the prototype or "proof of
concept"implementaÂtion of
the Specification developed and made available for license by or on behalf of
BEA.
1.10. "Source Code" means the preferred form of the Covered Code for
makingmodifications to i
t, including all modules it contains, plus any associated
documentation,interface definition
files, scripts used to control compilation and installation of an Executable,
orsource code d
ifferential comparisons against either the Original Code or another well
known,available Cove
red Code of the Contributor's choice.
1.11. "Specification" means the written specification for the Streaming API
forXML , Java te
chnology developed pursuant to the Java Community Process.
1.12. "Technology Compatibility Kit" or "TCK" means the documentation,
testingtools and test
suites associated with the Specification as may be revised by BEA from time
totime, that is p
rovided so that an implementer of the SpecifiÂcation may determine if
itsimplementation is co
mpliant with the Specification.
1.13. "You" (or "Your") means an individual or a legal entity exercising
rightsunder, and com
plying with all of the terms of, this Agreement or a future version of
thisAgreement issued u
nder 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
suchentity, whether by
contract or otherwise, or (b) ownership of more than fifty percent (50%) of
theoutstanding s
hares or beneficial ownership of such entity.
2.0 SOURCE CODE LICENSE.
2.1. Copyright Grant. Subject to the terms of this Agreement, each
Contributorhereby grants
You a non-exclusive, worldwide, royalty-free copyright license to
reproduce,prepare derivativ
e works of, publicly display, publicly perform, distribute and sublicense
theCovered Code of
such Contributor, if any, and such derivative works, in Source Code
andExecutable form.
2.2. Patent Grant. Subject to the terms of this Agreement, each
Contributorhereby grants Yo
u a non-exclusive, worldwide, royalty-free patent license under the
PatentClaims to make, use
, sell, offer to sell, import and otherwise transfer the Covered Code
preparedand provided by
such Contributor, if any, in Source Code and Executable form. This
patentlicense shall apply
to the Covered Code if, at the time a Modification is added by the
Contributor,such addition
of the Modification causes such combination to be covered by the Patent
Claims.The patent li
cense shall not apply to any other combinations which include the Modification.
2.3. Conditions to Grants. You understand that although each
Contributorgrants the licenses
to the Covered Code prepared by it, no assurances are provided by
anyContributor that the Co
vered Code does not infringe the patent or other intellectual property rights
ofany other ent
ity. Each Contributor disclaims any liability to You for claims brought by
anyother entity ba
sed on infringement of intellectual property rights or otherwise. As a
conditionto exercising
the rights and licenses granted hereunder, You hereby assume sole
responsibility to secure an
y other intellectual property rights needed, if any. For example, if a
thirdparty patent lice
nse is required to allow You to distribute Covered Code, it is Your
responsibility to acquire
that license before distributing such code.
2.4. Contributors' Representation. Each Contributor represents that to
itsknowledge it has
sufficient copyright rights in the Covered Code it provides , if any, to
grantthe copyright l
icense set forth in this Agreement.
3.0 DISTRIBUION RESTRICTIONS.
3.1. Application of Agreement.
The Modifications which You create or to which You contribute are governed
bythe terms of thi
s Agreement, including without limitation Section 2.0. The Source Code
versionof Covered Code
may be distributed only under the terms of this Agreement or a future
versionof this Agreeme
nt released under Section 6.1, and You must include a copy of this
Agreementwith every copy o
f the Source Code You distribute. You may not offer or impose any terms on
anySource Code ver
sion that alters or restricts the applicable version of this Agreement or
therecipients' righ
ts hereunder. However, You may include an additional document offering
theadditional rights d
escribed in Section 3.3.
3.2. Description of Modifications.
You must cause all Covered Code to which You contribute to contain a
filedocumenting the chan
ges You made to create that Covered Code and the date of any change. You
mustinclude a promin
ent statement that the Modification is derived, directly or indirectly,
fromOriginal Code pro
vided by BEA and including the name of BEA in (a) the Source Code, and (b)
inany notice in an
Executable version or related documentation in which You describe the origin
orownership of
the Covered Code.
%% The following software may be included in this product: X Window System; Use
of any of this software is governed by the terms of the license below:
Copyright The Open Group
Permission to use, copy, modify, distribute, and sell this software and
itsdocumentation for any purpose is hereby granted without fee, provided that
theabove copyright notice appear in all copies and that both that copyright
noticeand this permission notice appear in supporting documentation.
The above copyright notice and this permission notice shall be included in
allcopies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESSFOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE OPEN
GROUPBE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION
OFCONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH
THESOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Except as contained in this notice, the name of The Open Group shall not be
usedin advertising or otherwise to promote the sale, use or other dealings in
thisSoftware without prior written authorization from The Open Group.
Portions also covered by other licenses as noted in the above URL.
%% The following software may be included in this product: dom4j v. 1.6; Use of
any of this software is governed by the terms of the license below:
Redistribution and use of this software and associated documentation
("Software"), with or without modification, are permitted provided that
thefollowing conditions are met:
1. Redistributions of source code must retain copyright statements
andnotices. Redistributions must also contain a copy of this document.
2. Redistributions in binary form must reproduce the above copyright
notice,this list of conditions and the following disclaimer in the
documentation and/orother materials provided with the distribution.
3. The name "DOM4J" must not be used to endorse or promote products
derivedfrom this Software without prior written permission of MetaStuff, Ltd.
Forwritten permission, please contact dom4j-info@metastuff.com.
4. Products derived from this Software may not be called "DOM4J" nor
may"DOM4J" appear in their names without prior written permission of
MetaStuff,Ltd. DOM4J is a registered trademark of MetaStuff, Ltd.
5. Due credit should be given to the DOM4J Project - http://www.dom4j.org
THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND
ANYEXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIEDWARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
AREDISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE
FORANY 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 ONANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR
TORT(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
THISSOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved.
%% The following software may be included in this product: Retroweaver; Use of
any of this software is governed by the terms of the license below:
Copyright (c) February 2004, Toby Reyelts
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
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.
Neither the name of Toby Reyelts nor the names of his contributors may be used
to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND
ANY EXPRESS 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 COPYRIGHT OWNER OR 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, STRICTLIABILITY,
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.
%% The following software may be included in this product: stripper; Use of any
of this software is governed by the terms of the license below:
Stripper : debug information stripper
Copyright (c) 2003 Kohsuke Kawaguchi
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. Neither
the name of the copyright holders nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS 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 COPYRIGHT OWNER OR 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.
%% The following software may be included in this product: libpng official PNG
reference library; Use of any of this software is governed by the terms of the
license below:
This copy of the libpng notices is provided for your convenience. In case
ofany discrepancy between this copy and the notices in the file png.h that
isincluded in the libpng distribution, the latter shall prevail.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately
followingthis sentence.
libpng version 1.2.6, December 3, 2004, is
Copyright (c) 2004 Glenn Randers-Pehrson, and is
distributed according to the same disclaimer and license as libpng-1.2.5with
the following individual added to the list of Contributing Authors
Cosmin Truta
libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002,
areCopyright (c) 2000-2002 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-1.0.6with
the following individuals added to the list of Contributing Authors
Simon-Pierre Cadieux
Eric S. Raymond
Gilles Vollant
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the
library or against infringement. There is no warranty that our
efforts or the library will fulfill any of your particular purposes or
needs. This library is provided with all faults, and the entire risk of
satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, areCopyright
(c) 1998, 1999 Glenn Randers-Pehrson, and are
distributed according to the same disclaimer and license as libpng-0.96,with
the following individuals added to the list of Contributing Authors:
Tom Lane
Glenn Randers-Pehrson
Willem van Schaik
libpng versions 0.89, June 1996, through 0.96, May 1997, are
Copyright (c) 1996, 1997 Andreas Dilger
Distributed according to the same disclaimer and license as libpng-0.88,with
the following individuals added to the list of Contributing Authors:
John Bowler
Kevin Bracey
Sam Bushell
Magnus Holmgren
Greg Roelofs
Tom Tanner
libpng versions 0.5, May 1995, through 0.88, January 1996, are
Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors"is
defined as the following set of individuals:
Andreas Dilger
Dave Martindale
Guy Eric Schalnat
Paul Schmidt
Tim Wegner
The PNG Reference Library is supplied "AS IS". The Contributing Authorsand
Group 42, Inc. disclaim all warranties, expressed or implied,
including, without limitation, the warranties of merchantability and offitness
for any purpose. The Contributing Authors and Group 42, Inc.
assume no liability for direct, indirect, incidental, special, exemplary,or
consequential damages, which may result from the use of the PNG
Reference Library, even if advised of the possibility of such damage.
Permission is hereby granted to use, copy, modify, and distribute thissource
code, or portions hereof, for any purpose, without fee, subjectto the following
restrictions:
1. The origin of this source code must not be misrepresented.
2. Altered versions must be plainly marked as such and must not
be misrepresented as being the original source.
3. This Copyright notice may not be removed or altered from any
source or altered source distribution.
The Contributing Authors and Group 42, Inc. specifically permit, withoutfee,
and encourage the use of this source code as a component to
supporting the PNG file format in commercial products. If you use thissource
code in a product, acknowledgment is not required but would be
appreciated.
A "png_get_copyright" function is available, for convenient use in "about"boxes
and the like:
printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the
files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is
acertification mark of the Open Source Initiative.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
December 3, 2004
%% The following software may be included in this product: Libungif - An
uncompressed GIF library; Use of any of this software is governed by the terms
of the license below:
The GIFLIB distribution is Copyright (c) 1997 Eric S. Raymond
Permission is hereby granted, free of charge, to any person obtaining a copyof
this software and associated documentation files (the "Software"), to dealin
the Software without restriction, including without limitation the rightsto
use, copy, modify, merge, publish, distribute, sublicense, and/or sellcopies of
the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included inall
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO
EVENT SHALL THEAUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR
OTHERLIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
FROM,OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS
INTHE SOFTWARE.
%% The following software may be included in this product: Ant; Use of any of
this software is governed by the terms of the license below:
License
The Apache Software License Version 2.0
The Apache Software License Version 2.0 applies to all releases of Ant
startingwith ant 1.6.1
/*
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You can download the original license file here.
The License is accompanied by a NOTICE
=========================================================================
== NOTICE file corresponding to the section 4 d of == ==
the Apache License, Version 2.0, == == in
this case for the Apache Ant distribution. ==
=========================================================================
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
This product includes also software developed by :
- the W3C consortium (http://www.w3c.org) ,
- the SAX project (http://www.saxproject.org)
Please read the different LICENSE files present in the root directory of
this distribution.
The names "Ant" and "Apache Software Foundation" 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.
The Apache Software License, Version 1.1
The Apache Software License, Version 1.1, applies to all versions of up to
ant1.6.0 included.
/*
* ============================================================================
* The Apache Software License, Version 1.1
* ============================================================================
*
* Copyright (C) 2000-2003 The Apache Software Foundation. All
* rights reserved.
*
* Redistribution and use in source and binary forms, with or without modifica-
* tion, are permitted provided that the following conditions are met: *
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%% The following software may be included in this product: XML Resolver
library; Use of any of this software is governed by the terms of the license
below:
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
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"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation source,
and configuration files.
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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
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("Prerelease Code"), in
the event of inconsistencies between this EULA and any Component EULA, the
terms of this
EULA shall control. The Software may also contain third-party software
programs. Any such
software is provided for your use as a convenience and your use is subject to
the terms and
conditions of any license agreement contained in that software.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the
rights granted in Section 1, certain portions of the Software, as described in
this Section 2, are
provided to you with additional license rights. These additional license rights
are conditioned
Everett VSPro 1
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upon your compliance with the distribution requirements and license limitations
described in
Section 3.
2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free
license
to: (a) use and modify the source code version of those portions of the
Software identified as
"Samples" in REDIST.TXT or elsewhere in the Software ("Sample Code") for the
sole purposes
of designing, developing, and testing your software product(s), and (b)
reproduce and
distribute the Sample Code, along with any modifications thereof, in object
and/or source code
form. For applicable redistribution requirements for Sample Code, see Section
3.1 below.
2.2 Redistributable Code—General. Microsoft grants you a limited, nonexclusive,
royalty-free license to reproduce and distribute the object code form of any
portion of the
Software listed in REDIST.TXT ("Redistributable Code"). For general
redistribution
requirements for Redistributable Code, see Section 3.1 below.
2.3 Redistributable Code—Microsoft Merge Modules ("MSM"). Microsoft grants
you a limited, nonexclusive, royalty-free license to reproduce and distribute
the content of MSM
file(s) listed in REDIST.TXT in the manner described in the Software
documentation only so
long as you redistribute such content in its entirety and do not modify such
content in any way.
For all other applicable redistribution requirements for MSM files, see Section
3.1 below.
2.4 Redistributable Code—Microsoft Foundation Classes (MFC), Active Template
Libraries (ATL), and C runtimes (CRTs). In addition to the rights granted in
Section 1,
Microsoft grants you a license to use and modify the source code version of
those portions of
the Software that are identified as MFC, ATL, or CRTs (collectively, the "VC
Redistributables"),
for the sole purposes of designing, developing, and testing your software
product(s). Provided
you comply with Section 3.1 and you rename any files created by you that are
included in the
Licensee Software (defined below), Microsoft grants you a limited,
nonexclusive, royalty-free
license to reproduce and distribute the object code version of the VC
Redistributables, including
any modifications you make. For purposes of this section, "modifications" shall
mean
enhancements to the functionality of the VC Redistributables. For all other
applicable
redistribution requirements for VC Redistributables, see Section 3.1 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND
LIMITATIONS. If you choose to exercise your rights under Section 2, any
redistribution by
you is subject to your compliance with Section 3.1; some of the Redistributable
Code has
additional limited use rights described in Section 3.2.
3.1 General Distribution Requirements.
(a) If you choose to redistribute Sample Code, or Redistributable Code
(collectively, the "Redistributables") as described in Section 2, you agree:
(i) except as otherwise
noted in Section 2.1 (Sample Code), to distribute the Redistributables only in
object code form
and in conjunction with and as a part of a software application product
developed by you that
adds significant and primary functionality to the Redistributables ("Licensee
Software");
(ii) that the Redistributables only operate in conjunction with Microsoft
Windows platforms;
(iii) that if the Licensee Software is distributed beyond Licensee's premises
or externally from
Licensee's organization, to distribute the Licensee Software containing the
Redistributables
pursuant to an end user license agreement (which may be "break-the-seal",
"click-wrap" or
signed), with terms no less protective than those contained in this EULA; (iv)
not to use
Microsoft's name, logo, or trademarks to market the Licensee Software; (v) to
display your own
valid copyright notice which shall be sufficient to protect Microsoft's
copyright in the Software;
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(vi) not to remove or obscure any copyright, trademark or patent notices that
appear on the
Software as delivered to you; (vii) to indemnify, hold harmless, and defend
Microsoft from and
against any claims or lawsuits, including attorney's fees, that arise or result
from the use or
distribution of the Licensee Software; (viii) to otherwise comply with the
terms of this EULA;
and (ix) agree that Microsoft reserves all rights not expressly granted.
You also agree not to permit further distribution of the Redistributables by
your
end users except you may permit further redistribution of the Redistributables
by your
distributors to your end-user customers if your distributors only distribute
the Redistributables
in conjunction with, and as part of, the Licensee Software, you comply with all
other terms of
this EULA, and your distributors comply with all restrictions of this EULA that
are applicable
to you.
(b) If you use the Redistributables, then in addition to your compliance with
the applicable distribution requirements described for the Redistributables,
the following also
applies. Your license rights to the Redistributables are conditioned upon your
not (i) creating
derivative works of the Redistributables in any manner that would cause the
Redistributables in
whole or in part to become subject to any of the terms of an Excluded License;
or (ii)
distributing the Redistributables (or derivative works thereof) in any manner
that would cause
the Redistributables to become subject to any of the terms of an Excluded
License. An
"Excluded License" is any license that requires as a condition of use,
modification and/or
distribution of software subject to the Excluded License, that such software or
other software
combined and/or distributed with such software be (x) disclosed or distributed
in source code
form; (y) licensed for the purpose of making derivative works; or (z)
redistributable at no
charge.
3.2 Additional Distribution Requirements for Certain Redistributable Code.
If you choose to redistribute the files discussed in this Section, then in
addition to the terms of
Section 3.1, you must ALSO comply with the following.
(a) Microsoft SQL Server Desktop Engine ("MSDE"). If you redistribute
MSDE you agree to comply with the following additional requirements: (a)
Licensee
Software shall not substantially duplicate the capabilities of Microsoft Access
or, in the
reasonable opinion of Microsoft, compete with same; and (b) unless Licensee
Software
requires your customers to license Microsoft Access in order to operate, you
shall not
reproduce or use MSDE for commercial distribution in conjunction with a general
purpose word processing, spreadsheet or database management software product,
or an
integrated work or product suite whose components include a general purpose
word
processing, spreadsheet, or database management software product except for the
exclusive use of importing data to the various formats supported by Microsoft
Access.
A product that includes limited word processing, spreadsheet or database
components
along with other components which provide significant and primary value, such
as an
accounting product with limited spreadsheet capability, is not considered to be
a
"general purpose" product.
(b) Microsoft Data Access Components. If you redistribute the Microsoft
Data Access Component file identified as MDAC_TYP.EXE, you also agree to
redistribute such file in object code only in conjunction with and as a part of
a Licensee
Software developed by you with a Microsoft development tool product that adds
significant and primary functionality to MDAC_TYP.EXE.
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3.3 Separation of Components. The Software is licensed as a single product. Its
component parts may not be separated for use by more than one user.
3.4 Benchmark Testing. The Software may contain the Microsoft .NET Framework.
You may not disclose the results of any benchmark test of the .NET Framework
component of
the Software to any third party without Microsoft's prior written approval.
4. PRERELEASE CODE. Portions of the Software may be identified as prerelease
code
("Prerelease Code"). Such Prerelease Code is not at the level of performance
and compatibility
of the final, generally available product offering. The Prerelease Code may not
operate correctly
and may be substantially modified prior to first commercial shipment. Microsoft
is not
obligated to make this or any later version of the Prerelease Code commercially
available. The
grant of license to use Prerelease Code expires upon availability of a
commercial release of the
Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code
contains a separate
end-user license agreement, the terms and conditions of such end-user license
agreement shall
govern your use of the corresponding Prerelease Code.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not
expressly granted to you in this EULA. The Software is protected by copyright
and other
intellectual property laws and treaties. Microsoft or its suppliers own the
title, copyright, and
other intellectual property rights in the Software. The Software is licensed,
not sold.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND
DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the
Software,
except and only to the extent that such activity is expressly permitted by
applicable law
notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Software.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may
collect
and use technical information gathered as part of the product support services
provided to you,
if any, related to the Software. Microsoft may use this information solely to
improve our
products or to provide customized services or technologies to you and will not
disclose this
information in a form that personally identifies you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the
use of
the Software. The third party sites are not under the control of Microsoft, and
Microsoft is not
responsible for the contents of any third party sites, any links contained in
third party sites, or
any changes or updates to third party sites. Microsoft is not responsible for
webcasting or any
other form of transmission received from any third party sites. Microsoft is
providing these
links to third party sites to you only as a convenience, and the inclusion of
any link does not
imply an endorsement by Microsoft of the third party site.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements,
add-on components, or Internet-based services components, of the Software that
Microsoft may
provide to you or make available to you after the date you obtain your initial
copy of the
Software, unless we provide other terms along with the update, supplement,
add-on
component, or Internet-based services component. Microsoft reserves the right
to discontinue
any Internet-based services provided to you or made available to you through
the use of the
Software.
11. UPGRADES/DOWNGRADES
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11.1 Upgrades. To use a version of the Software identified as an upgrade, you
must
first be licensed for the software identified by Microsoft as eligible for the
upgrade. After
upgrading, you may no longer use the software that formed the basis for your
upgrade
eligibility.
11.2 Downgrades. Instead of installing and using the Software, you may install
and
use copies of an earlier version of the Software, provided that you completely
remove such
earlier version and install the current version of the Software within a
reasonable time. Your
use of such earlier version shall be governed by this EULA, and your rights to
use such earlier
version shall terminate when you install the Software.
11.3 Special Terms for Version 2003 Upgrade Editions of the Software. If the
Software accompanying this EULA is the version 2003 edition of the Software and
you have
acquired it as an upgrade from the corresponding "2002" edition of the
Microsoft software
product with the same product name as the Software (the "Qualifying Software"),
then
Section 11.1 does not apply to you. Instead, you may continue to use the
Qualifying Software
AND the version 2003 upgrade for so long as you continue to comply with the
terms of this
EULA and the EULA governing your use of the Qualifying Software. Qualifying
Software does
not include non-Microsoft software products.
12. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR,"
may not be sold or otherwise transfered for value, or used for any purpose
other than
demonstration, test or evaluation.
13. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic
Edition" or "AE," you must be a "Qualified Educational User." For
qualification-related
questions, please contact the Microsoft Sales Information Center/One Microsoft
Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
14. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S.
export
jurisdiction. You agree to comply with all applicable international and
national laws that apply
to the Software, including the U.S. Export Administration Regulations, as well
as end-user, end-
use, and destination restrictions issued by U.S. and other governments. For
additional
information see .
15. SOFTWARE TRANSFER. The initial user of the Software may make a one-time
permanent transfer of this EULA and Software to another end user, provided the
initial user
retains no copies of the Software. This transfer must include all of the
Software (including all
component parts, the media and printed materials, any upgrades (including any
Qualifying
Software as defined in Section 11.3), this EULA, and, if applicable, the
Certificate of
Authenticity). The transfer may not be an indirect transfer, such as a
consignment. Prior to the
transfer, the end user receiving the Software must agree to all the EULA terms.
16. TERMINATION. Without prejudice to any other rights, Microsoft may terminate
this
EULA if you fail to comply with the terms and conditions of this EULA. In such
event, you
must destroy all copies of the Software and all of its component parts.
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17. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Except for the "Redistributables," which are provided AS IS without warranty of
any kind,
Microsoft warrants that the Software will perform substantially in accordance
with the
accompanying materials for a period of ninety (90) days from the date of
receipt.
If an implied warranty or condition is created by your state/jurisdiction and
federal or
state/provincial law prohibits disclaimer of it, you also have an implied
warranty or condition,
BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED
WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied
warranty or
condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any
(if any) service
packs or hot fixes provided to you after the expiration of the ninety day
Limited Warranty
period are not covered by any warranty or condition, express, implied or
statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your
exclusive remedy for any breach of this Limited Warranty is as set forth below.
Except for any
refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES,
INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does
not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by
applicable
law, even if any remedy fails of its essential purpose. The terms of Section 19
("Exclusion of
Incidental, Consequential and Certain Other Damages") are also incorporated
into this Limited
Warranty. Some states/jurisdictions do not allow the exclusion or limitation of
incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. This
Limited Warranty gives you specific legal rights. You may have other rights
which vary from
state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's
and its
suppliers' entire liability and your exclusive remedy for any breach of this
Limited Warranty or
for any other breach of this EULA or for any other liability relating to the
Software shall be, at
Microsoft's option from time to time exercised subject to applicable law, (a)
return of the
amount paid (if any) for the Software, or (b) repair or replacement of the
Software, that does not
meet this Limited Warranty and that is returned to Microsoft with a copy of
your receipt. You
will receive the remedy elected by Microsoft without charge, except that you
are responsible for
any expenses you may incur (e.g. cost of shipping the Software to Microsoft).
This Limited
Warranty is void if failure of the Software has resulted from accident, abuse,
misapplication,
abnormal use or a virus. Any replacement Software will be warranted for the
remainder of the
original warranty period or thirty (30) days, whichever is longer, and
Microsoft will use
commercially reasonable efforts to provide your remedy within a commercially
reasonable time
of your compliance with Microsoft's warranty remedy procedures. Outside the
United States or
Canada, neither these remedies nor any product support services offered by
Microsoft are
available without proof of purchase from an authorized international source. To
exercise your
remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One
Microsoft
Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
18. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the
only express warranty made to you and is provided in lieu of any other express
warranties or
similar obligations (if any) created by any advertising, documentation,
packaging, or other
communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM
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EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS
PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL
FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS,
WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO,
ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY
OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF
RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF
NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE,
AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING
OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR
CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO
THE SOFTWARE.
19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO
MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR
NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER)
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE
THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR
OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE
SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION
OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT
OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF
MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
20. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY
DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND
ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE
ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY
PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT
FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH
RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO
THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE
ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE
SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS (INCLUDING SECTIONS 17, 18, AND 19) SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS
ITS ESSENTIAL PURPOSE.
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21. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S.
Government pursuant to solicitations issued on or after December 1, 1995 is
provided with the
commercial license rights and restrictions described elsewhere herein. All
Software provided to
the U.S. Government pursuant to solicitations issued prior to December 1, 1995
is provided with
"Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or
DFAR, 48 CFR
252.227-7013 (OCT 1988), as applicable.
22. APPLICABLE LAW. If you acquired this Software in the United States, this
EULA is
governed by the laws of the State of Washington. If you acquired this Software
in Canada,
unless expressly prohibited by local law, this EULA is governed by the laws in
force in the
Province of Ontario, Canada; and, in respect of any dispute which may arise
hereunder, you
consent to the jurisdiction of the federal and provincial courts sitting in
Toronto, Ontario. If you
acquired this Software in the European Union, Iceland, Norway, or Switzerland,
then local law
applies. If you acquired this Software in any other country, then local law may
apply.
23. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or
amendment to this EULA which is included with the Software) are the entire
agreement
between you and Microsoft relating to the Software and the support services (if
any) and they
supersede all prior or contemporaneous oral or written communications,
proposals and
representations with respect to the Software or any other subject matter
covered by this EULA.
To the extent the terms of any Microsoft policies or programs for support
services conflict with
the terms of this EULA, the terms of this EULA shall control. If any provision
of this EULA is
held to be void, invalid, unenforceable or illegal, the other provisions shall
continue in full force
and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée
suivante
s'applique :
GARANTIE LIMITÉE
Sauf pur celles du "Redistributables," qui sont fournies "comme telles,"
Microsoft garantit que
le Logiciel fonctionnera conformément aux documents inclus pendant une période
de 90 jours
suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre
territoire et qu'une loifédérale ou provinciale ou d'un État en interdit le
déni, vous jouissez également d'une
garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS
DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX
JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUECE SOIT
QUANT AUX DÉFAUTS DÉCOUVERTS APRÈS CETTE PÉRIODE DE QUATRE-
VINGT-DIX JOURS. Certains États ou territoires ne permettent pas de limiter la
durée d'une
garantie ou condition implicite de sorte que la limitation ci-dessus peut ne
pas s'appliquer à
vous.
Tous les suppléments ou toutes les mises à jour relatifs au Logiciel,
notamment, les ensembles
de services ou les réparations à chaud (le cas échéant) qui vous sont fournis
après l'expiration
de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas
couverts par quelque
garantie ou condition que ce soit, expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES.
Votre recours exclusif pour toute violation de la présente garantie limitée est
décrit ci-après.
Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte
pas la
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garantie limitée de Microsoft et, dans la mesure maximale permise par les lois
applicables,
même si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT À
AUCUNS
DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la
clause «Exclusion des dommages accessoires, indirects et de certains autres
dommages » sontégalement intégrées à la présente garantie limitée. Certains
États ou territoires ne permettent
pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte
que la limitation
ou l'exclusion ci-dessus peut ne pas s'appliquer à vous. La présente garantie
limitée vous donne
des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent
varier d'unterritoire ou d'un État à un autre. VOTRE RECOURS EXCLUSIF. La seule
responsabilité
obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour
toute violation de
la présente garantie limitée ou pour toute autre violation du présent contrat
ou pour toute autre
responsabilité relative au Logiciel seront, selon le choix de Microsoft exercé
de temps à autre
sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas
échéant, pour le
Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas
la présente
garantie limitée et qui est retourné à Microsoft avec une copie de votre reçu.
Vous recevrez la
compensation choisie par Microsoft, sans frais, sauf que vous êtes responsable
des dépenses que
vous pourriez engager (p. ex., les frais d'envoi du Logiciel à Microsoft). La
présente garantie
limitée est nulle si la défectuosité du Logiciel est causée par un accident, un
usage abusif, une
mauvaise application, un usage anormal ou un virus. Tout Logiciel de
remplacement sera
garanti pour le reste de la période initiale de la garantie ou pendant trente
(30) jours, selon la
plus longue entre ces deux périodes. À l'extérieur des États-Unis ou du Canada,
ces recours ou
l'un quelconque des services de soutien technique offerts par Microsoft ne sont
pas disponibles
sans preuve d'achat d'une source internationale autorisée. Pour exercer votre
recours, vous
devez communiquer avec Microsoft et vous adresser au Microsoft Sales
Information
Center/One Microsoft Way/Redmond, WA 98052-6399, ou à la filiale de Microsoft
de votre
pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la
seule garantie
expresse qui vous est donnée et remplace toutes autres garanties expresses
(s'il en est) crées par
une publicité, un document, un emballage ou une autre communication. SAUF EN CE
QUI A
TRAIT À LA GARANTIE LIMITÉE ET DANS LA MESURE MAXIMALE PERMISE PAR
LES LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE
(LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR
MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT
TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN
VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT)
LESGARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE,
D'ADAPTATION À UNE FIN PARTICULIÈRE, DE FIABILITÉ OU DE DISPONIBILITÉ,
D'EXACTITUDE OU D'EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES
EFFORTS DÉPLOYÉS SELON LES RÈGLES DE L'ART, D'ABSENCE DE VIRUS ET
D'ABSENCE DE NÉGLIGENCE, LE TOUT À L'ÉGARD DU LOGICIEL ET DE LA
PRESTATION OU DE L'OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN
TECHNIQUE OU À L'ÉGARD DE LA FOURNITURE OU DE L'OMISSION DE LA
FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT
DE L'UTILISATION DU LOGICIEL . PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU
CONDITION QUANT AU TITRE DE PROPRIÉTÉ, À LA JOUISSANCE OU LA
POSSESSION PAISIBLE, À LA CONCORDANCE À UNE DESCRIPTION NI QUANT À
UNE ABSENCE DE CONTREFAÇON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES
DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES,
EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES
DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE
Everett VSPro 9
Final 11.04.02
QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES À L'ÉGARD DUMANQUE À GAGNER
OU DE LA DIVULGATION DE RENSEIGNEMENTS
CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES
CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR
TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN
RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU
AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUEMANIÈRE QUE
CE SOIT À L'UTILISATION DU LOGICIEL OU À L'INCAPACITÉ DE
S'EN SERVIR, À LA PRESTATION OU À L'OMISSION DE LA PRESTATION DE
SERVICES DE SOUTIEN TECHNIQUE OU À LA FOURNITURE OU À L'OMISSION DE
LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET
CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT
DE L'UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE
DISPOSITION DE LA PRÉSENTE CONVENTION OU RELATIVEMENT À UNE TELLE
DISPOSITION, MÊME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LANÉGLIGENCE), DE
RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DEVIOLATION DE GARANTIE DE
MICROSOFT OU DE TOUT FOURNISSEUR ET MÊME
SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS
DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE
VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAISSANS
LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES
DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE
MICROSOFT ET DE L'UN OU L'AUTRE DE SES FOURNISSEURS AUX TERMES DE
TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS
EXCLUSIF À L'ÉGARD DE TOUT CE QUI PRÉCÈDE (SAUF EN CE QUI CONCERNETOUT RECOURS
DE RÉPARATION OU DE REMPLACEMENT CHOISI PAR
MICROSOFT À L'ÉGARD DE TOUT MANQUEMENT À LA GARANTIE LIMITÉE) SELIMITE AU PLUS
ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE
VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES,
EXCLUSIONS ET DÉNIS QUI PRÉCÈDENT (Y COMPRIS LES CLAUSES CI-DESSUS),
S'APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS
APPLICABLES, MÊME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL.
À moins que cela ne soit prohibé par le droit local applicable, la présente
Convention est régie
par les lois de la province d'Ontario, Canada. Vous consentez à la compétence
des tribunaux
fédéraux et provinciaux siégeant à Toronto, dans la province d'Ontario.
Au cas où vous auriez des questions concernant cette licence ou que vous
désiriez vous mettre
en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser
l'information
contenue dans le Logiciel pour contacter la filiale de Microsoft desservant
votre pays, ou visitez
Microsoft sur le World Wide Web à http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you acquired this Software
in
any other country:
Statutory rights not affected -The following guarantee is not restricted to any
territory and does
not affect any statutory rights that you may have from your reseller or from
Microsoft if you
acquired the Software directly from Microsoft. If you acquired the Software or
any support
services in Australia, New Zealand or Malaysia, please see the "Consumer
rights" section
below.
Everett VSPro 10
Final 11.04.02
The guarantee -The Software is designed and offered as a general-purpose
software, not for any
user's particular purpose. You accept that no Software is error free and you
are strongly
advised to back-up your files regularly. Provided that you have a valid
license, Microsoft
guarantees that a) for a period of 90 days from the date of receipt of your
license to use the
Software or the shortest period permitted by applicable law it will perform
substantially in
accordance with the written materials that accompany the Software; and b) any
support services
provided by Microsoft shall be substantially as described in applicable written
materials
provided to you by Microsoft and Microsoft support engineers will use
reasonable efforts, care
and skill to solve any problem issues. In the event that the Software fails to
comply with this
guarantee, Microsoft will either (a) repair or replace the Software or (b)
return the price you
paid. This guarantee is void if failure of the Software results from accident,
abuse or
misapplication. Any replacement Software will be guaranteed for the remainder
of the original
guarantee period or 30 days, whichever period is longer. You agree that the
above guarantee is
your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms -To the maximum extent permitted by applicable law
and subject to
the guarantee above, Microsoft disclaims all warranties, conditions and other
terms, either
express or implied (whether by statute, common law, collaterally or otherwise)
including but
not limited to implied warranties of satisfactory quality and fitness for
particular purpose with
respect to the Software and the written materials that accompany the Software.
Any implied
warranties that cannot be excluded are limited to 90 days or to the shortest
period permitted by
applicable law, whichever is greater.
Limitation of Liability -To the maximum extent permitted by applicable law and
except as
provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be
liable for any
damages whatsoever (including without limitation, damages for loss of business
profits,
business interruption, loss of business information or other pecuniary loss)
arising out of the
use or inability to use the Software, even if Microsoft has been advised of the
possibility of such
damages. In any case Microsoft's entire liability under any provision of this
Agreement shall be
limited to the amount actually paid by you for the Software. These limitations
do not apply to
any liabilities that cannot be excluded or limited by applicable laws.
Consumer rights -Consumers in Australia, New Zealand or Malaysia may have the
benefit of
certain rights and remedies by reason of the Trade Practices Act and similar
state and territory
laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer
Protection
Act in Malaysia in respect of which liability cannot lawfully be modified or
excluded. If you
acquired the Software in New Zealand for the purposes of a business, you
confirm that the
Consumer Guarantees Act does not apply. If you acquired the Software in
Australia and if
Microsoft breaches a condition or warranty implied under any law which cannot
lawfully be
modified or excluded by this agreement then, to the extent permitted by law,
Microsoft's
liability is limited, at Microsoft's option, to: (i) in the case of the
Software: a) repairing or
replacing the Software; or b) the cost of such repair or replacement; and (ii)
in the case of
support services: a) re-supply of the services; or b) the cost of having the
services supplied
again.
Everett VSPro 11
Final 11.04.02
Should you have any questions concerning this EULA, or if you desire to contact
Microsoft for
any reason, please use the address information enclosed in this Software to
contact the
Microsoft subsidiary serving your country or visit Microsoft on the World Wide
Web at
http://www.microsoft.com.
Everett VSPro 12
Final 11.04.02
%% The following software may be included in this product: zlib; Use of any of
this software is governed by the terms of the license below:
zlib.h -- interface of the 'zlib' general purpose compression library
version 1.1.3, July 9th, 1998
Copyright (C) 1995-1998 Jean-loup Gailly and Mark Adler
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly Mark Adler
jloup@gzip.org madler@alumni.caltech.edu
The data format used by the zlib library is described by RFCs (Request for
Comments) 1950 to 1952 in the files ftp://ds.internic.net/rfc/rfc1950.txt
(zlib format), rfc1951.txt (deflate format) and rfc1952.txt (gzip format
%% The following software may be included in this product: Mozilla Rhino. Use
of any of this software is governed by the terms of the license below:
* The contents of this file are subject to the Netscape 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/NPL/
*
* 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 Rhino code, released
* May 6, 1999.
*
* The Initial Developer of the Original Code is Netscape
* Communications Corporation. Portions created by Netscape are
* Copyright (C) 1997-2000 Netscape Communications Corporation. All
* Rights Reserved.
*
* Contributor(s):
*
* Kemal Bayram
* Patrick Beard
* Norris Boyd
* Igor Bukanov, igor@mir2.org
* Brendan Eich
* Ethan Hugg
* Roger Lawrence
* Terry Lucas
* Mike McCabe
* Milen Nankov
* Attila Szegedi, szegedia@freemail.hu
* Ian D. Stewart
* Andi Vajda
* Andrew Wason
*/
%% The following software may be included in this product: Apache Derby. Use
of any of this software is governed by the terms of the license below:
Apache License
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http://www.apache.org/licenses/
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