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- License Agreements for Digi ESP for Python
- This file contains nine (9) separate license agreements covering the
- Digi International Digi ESP for Python package. Please review all nine
- agreements.
- o Digi International Software License Agreement
- o Python Software Foundation License Version 2
- o Beopen.com License Agreement for Python 2.0
- o CNRI License Agreement for Python 1.6.1
- o CWI License Agreement for Python 0.9.0 through 1.2
- o Sun Microsystems, Inc. Binary Code License Agreement for the JAVA
- SE RUNTIME ENVIRONMENT (JRE) VERSION 6
- o Eclipse Foundation Software User Agreement
- o Eclipse Public License - v 1.0
- o GNU General Public License Version 3
- _____________________________________
- Digi International Software License Agreement
- IMPORTANT: USE OF THIS SOFTWARE REQUIRES AUTHORIZATION
- BY DIGI INTERNATIONAL (r) CORPORATION ("DIGI").
- PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS
- SOFTWARE. USE OF THIS SOFTWARE CONSTITUTES ACCEPTANCE
- OF THE TERMS AND CONDITIONS HEREUNDER.
- 1. License Grant:
- a. License. Subject to the terms and conditions of this Agreement, Digi
- International Inc. ("Licensor") grants you (hereinafter the "Purchaser")
- a limited, perpetual, nontransferable, nonexclusive license to use the
- computer program and user documentation for Digi ESP for Pyhon contained
- in the purchased software distribution package for Digi ESP for Python
- (hereinafter the "Registered Package") you received for internal product
- development purposes only. All other software is subject to its separate
- license terms. The Registered Package consists of copies of the computer
- program and user documentation received via an electronic transfer
- mechanism or an electronic storage medium including, but not limited to,
- diskette, hard disk, removable disk, tape or optical devises such as
- CD-ROM or WORM, which have been purchased. Purchaser may install and
- use the Software's computer program only on one machine at one time.
- If Purchaser desires additional copies of the Software's computer
- program or user documentation, Licensor will provide such copies at the
- market rate.
- b. Restrictions. Except as provided in 1.c. below, Purchaser shall not
- (i) use this Software to provide services under any name other than that
- of Purchaser; (ii) use of the Software to process the data of third
- parties without Licensor's prior written consent; (iii) use the Software
- in the operation of a service bureau; (iv) translate, convert to another
- programming language, modify or change the Software; (v) sublicense,
- lease, rent, sell, convey, the Registered Package; (vi) incorporate into
- another product; (vii) decompile, disassemble or otherwise reverse
- engineer the Software; or (viii) distribute any Password that may have
- been received as part of the purchase of the Software to others under
- any circumstances.
- 2. Deliverables:
- a. Software. Licensor shall provide Purchaser one executable copy of the
- Software's computer program and one copy of the Software's user
- documentation. Purchaser shall not copy the Software (except for archival
- copy for back up purposes only) or the user documentation.
- b. Hardware. Purchaser shall arrange for the purchase or lease,
- installation, testing and maintenance of adequate hardware. Purchaser
- shall be solely responsible for the hardware maintenance, including
- periodic inspections, adjustments and repair.
- 3. Payments:
- Purchaser shall pay Licensor the Software license fees and the run-time
- license fees, if applicable, in the amounts and under the terms set forth
- in the Digi International price list. A copy will be furnished by your
- Digi International sales person upon request.
- 4. Confidentiality:
- Purchaser agrees that neither Purchaser, its agents nor its employees
- shall in any manner use, disclose or otherwise communicate any
- information with respect to the Software which might enable copying of
- all or any portion of the Software. Purchaser agrees to take all
- necessary action to protect the trade secret status of the software and
- documentation.
- 5. Title:
- Purchaser agrees that Licensor owns all copyright, trade secrets, patents,
- trademark and other proprietary rights in and to the Software, including
- all modifications and derivations thereto.
- 6. Warranties:
- THE SOFTWARE AND DOCUMENTATION IS PROVIDED "AS IS" WITHOUT
- WARRANTY OF ANY KIND. DIGI DISCLAIMS ALL WARRANTIES
- RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED,
- INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO
- MERCHANTABILITY OR FITNESS OF A PARTICULAR PURPOSE, AND
- ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY
- DISCLAIMED.
- 7. Termination:
- This license will terminate without refund, under the following
- conditions: (i) Purchaser files a bankruptcy petition or enters into
- an agreement to assign its assets for the benefit of creditors; or
- (ii) Purchaser violates any of its obligations as defined by this
- license. If termination of this license occurs, Purchaser must cease
- all use of the software and immediately return the software and
- associated documentation. Furthermore, Purchaser must certify in
- writing to Digi International that Purchaser no longer possesses or is using
- the software or documentation.
- 8. Right of Audit. Licensor reserves the right to authorize its independent
- auditors and technical personnel to inspect the records and products of
- Purchaser, with respect to limiting the use of the software to be
- consistent with the terms of this license.
- 9. General Provisions:
- a. Assignability. This Agreement and all rights and obligations hereunder
- shall not be assignable by Purchaser except with the prior written
- consent of Licensor. A change in control shall be deemed an assignment
- subject to this subsection. This Agreement shall be binding upon each
- party's permitted successors and assigns.
- b. Remedy; Liability. PURCHASER'S EXCLUSIVE REMEDY AND DIGI'S
- ENTIRE LIABILITY ARISING FROM OR IN CONNECTION WITH THE
- SOFTWARE, DOCUMENTATION, AND/OR THIS AGREEMENT, INCLUDING
- WITHOUT LIMITATION, FOR BREACH OF WARRANTY OR INFRINGEMENT
- OF A U.S. PATENT OR COPYRIGHT, SHALL BE AT DIGI'S
- OPTION, THE REPAIR OR REPLACEMENT OF THE SOFTWARE OR, IF
- IN DIGI'S SOLE OPINION REPAIR OR REPLACEMENT IS NOT
- FEASABLE, TERMINATION OF THIS LICENSE. Licensor shall not be
- liable for special, indirect, incidental or consequential damages,
- whether arising from contract or negligence. In no event shall
- Licensor's liability exceed the initial license fee for the Software
- paid by Purchaser. No action or claim relating to this Agreement or the
- Software may be instituted more than one (1) year after the event-giving
- rise to such action or claim.
- [Note: Some states do not allow the exclusion of the limit of liability for
- consequential or incidental damages, so the some of the limitations may
- not apply to you.]
- c. Entire Agreement; Amendment. This Agreement is the complete and
- exclusive agreement of the parties and supersedes all other
- communications, oral or written, between the parties relating to the
- Agreement's subject matter.
- d. Governing Law. This Agreement shall be governed by the laws of the
- State of Minnesota.
- e. Waiver. Neither the failure nor any delay to exercise a right, remedy
- or privilege under this Agreement shall operate as a waiver thereof,
- nor shall any single or partial exercise of a right, remedy or privilege
- preclude any further exercise of the same.
- f. Severability. A determination that any provision of this Agreement is
- invalid, illegal or unenforceable shall not affect the enforceability of
- any other provision hereunder.
- g. Notices. All notices and other communications required under this
- Agreement shall be in writing and shall be deemed to have been received
- when personally delivered or when deposited in the United States mail,
- sent registered mail by first class, postage prepaid, addressed to:
- Digi International, Inc.
- Attention: Steven Maurer
- 11001 Bren Road East
- Minnetonka, MN 55343 USA
- _____________________________________
- PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
- --------------------------------------------
- 1. This LICENSE AGREEMENT is between the Python Software Foundation
- ("PSF"), and the Individual or Organization ("Licensee") accessing and
- otherwise using this software ("Python") in source or binary form and
- its associated documentation.
- 2. Subject to the terms and conditions of this License Agreement, PSF
- hereby grants Licensee a nonexclusive, royalty-free, world-wide
- license to reproduce, analyze, test, perform and/or display publicly,
- prepare derivative works, distribute, and otherwise use Python
- alone or in any derivative version, provided, however, that PSF's
- License Agreement and PSF's notice of copyright, i.e., "Copyright (c)
- 2001, 2002, 2003, 2004, 2005, 2006 Python Software Foundation; All Rights
- Reserved" are retained in Python alone or in any derivative version
- prepared by Licensee.
- 3. In the event Licensee prepares a derivative work that is based on
- or incorporates Python or any part thereof, and wants to make
- the derivative work available to others as provided herein, then
- Licensee hereby agrees to include in any such work a brief summary of
- the changes made to Python.
- 4. PSF is making Python available to Licensee on an "AS IS"
- basis. PSF MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
- IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
- DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
- FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON WILL NOT
- INFRINGE ANY THIRD PARTY RIGHTS.
- 5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
- FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
- A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
- OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- 6. This License Agreement will automatically terminate upon a material
- breach of its terms and conditions.
- 7. Nothing in this License Agreement shall be deemed to create any
- relationship of agency, partnership, or joint venture between PSF and
- Licensee. This License Agreement does not grant permission to use PSF
- trademarks or trade name in a trademark sense to endorse or promote
- products or services of Licensee, or any third party.
- 8. By copying, installing or otherwise using Python, Licensee
- agrees to be bound by the terms and conditions of this License
- Agreement.
- _____________________________________
- BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
- -------------------------------------------
- BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
- 1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an
- office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the
- Individual or Organization ("Licensee") accessing and otherwise using
- this software in source or binary form and its associated
- documentation ("the Software").
- 2. Subject to the terms and conditions of this BeOpen Python License
- Agreement, BeOpen hereby grants Licensee a non-exclusive,
- royalty-free, world-wide license to reproduce, analyze, test, perform
- and/or display publicly, prepare derivative works, distribute, and
- otherwise use the Software alone or in any derivative version,
- provided, however, that the BeOpen Python License is retained in the
- Software, alone or in any derivative version prepared by Licensee.
- 3. BeOpen is making the Software available to Licensee on an "AS IS"
- basis. BEOPEN MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
- IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, BEOPEN MAKES NO AND
- DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
- FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
- INFRINGE ANY THIRD PARTY RIGHTS.
- 4. BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
- SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
- AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY
- DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- 5. This License Agreement will automatically terminate upon a material
- breach of its terms and conditions.
- 6. This License Agreement shall be governed by and interpreted in all
- respects by the law of the State of California, excluding conflict of
- law provisions. Nothing in this License Agreement shall be deemed to
- create any relationship of agency, partnership, or joint venture
- between BeOpen and Licensee. This License Agreement does not grant
- permission to use BeOpen trademarks or trade names in a trademark
- sense to endorse or promote products or services of Licensee, or any
- third party. As an exception, the "BeOpen Python" logos available at
- http://www.pythonlabs.com/logos.html may be used according to the
- permissions granted on that web page.
- 7. By copying, installing or otherwise using the software, Licensee
- agrees to be bound by the terms and conditions of this License
- Agreement.
- _____________________________________
- CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
- ---------------------------------------
- 1. This LICENSE AGREEMENT is between the Corporation for National
- Research Initiatives, having an office at 1895 Preston White Drive,
- Reston, VA 20191 ("CNRI"), and the Individual or Organization
- ("Licensee") accessing and otherwise using Python 1.6.1 software in
- source or binary form and its associated documentation.
- 2. Subject to the terms and conditions of this License Agreement, CNRI
- hereby grants Licensee a nonexclusive, royalty-free, world-wide
- license to reproduce, analyze, test, perform and/or display publicly,
- prepare derivative works, distribute, and otherwise use Python 1.6.1
- alone or in any derivative version, provided, however, that CNRI's
- License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
- 1995-2001 Corporation for National Research Initiatives; All Rights
- Reserved" are retained in Python 1.6.1 alone or in any derivative
- version prepared by Licensee. Alternately, in lieu of CNRI's License
- Agreement, Licensee may substitute the following text (omitting the
- quotes): "Python 1.6.1 is made available subject to the terms and
- conditions in CNRI's License Agreement. This Agreement together with
- Python 1.6.1 may be located on the Internet using the following
- unique, persistent identifier (known as a handle): 1895.22/1013. This
- Agreement may also be obtained from a proxy server on the Internet
- using the following URL: http://hdl.handle.net/1895.22/1013".
- 3. In the event Licensee prepares a derivative work that is based on
- or incorporates Python 1.6.1 or any part thereof, and wants to make
- the derivative work available to others as provided herein, then
- Licensee hereby agrees to include in any such work a brief summary of
- the changes made to Python 1.6.1.
- 4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS"
- basis. CNRI MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
- IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, CNRI MAKES NO AND
- DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
- FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF PYTHON 1.6.1 WILL NOT
- INFRINGE ANY THIRD PARTY RIGHTS.
- 5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
- 1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
- A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1,
- OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- 6. This License Agreement will automatically terminate upon a material
- breach of its terms and conditions.
- 7. This License Agreement shall be governed by the federal
- intellectual property law of the United States, including without
- limitation the federal copyright law, and, to the extent such
- U.S. federal law does not apply, by the law of the Commonwealth of
- Virginia, excluding Virginia's conflict of law provisions.
- Notwithstanding the foregoing, with regard to derivative works based
- on Python 1.6.1 that incorporate non-separable material that was
- previously distributed under the GNU General Public License (GPL), the
- law of the Commonwealth of Virginia shall govern this License
- Agreement only as to issues arising under or with respect to
- Paragraphs 4, 5, and 7 of this License Agreement. Nothing in this
- License Agreement shall be deemed to create any relationship of
- agency, partnership, or joint venture between CNRI and Licensee. This
- License Agreement does not grant permission to use CNRI trademarks or
- trade name in a trademark sense to endorse or promote products or
- services of Licensee, or any third party.
- _____________________________________
- CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
- --------------------------------------------------
- Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
- The Netherlands. All rights reserved.
- 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 notice appear in all copies and that
- both that copyright notice and this permission notice appear in
- supporting documentation, and that the name of Stichting Mathematisch
- Centrum or CWI not be used in advertising or publicity pertaining to
- distribution of the software without specific, written prior
- permission.
- STICHTING MATHEMATISCH CENTRUM DISCLAIMS ALL WARRANTIES WITH REGARD TO
- THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
- FITNESS, IN NO EVENT SHALL STICHTING MATHEMATISCH CENTRUM BE LIABLE
- FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES
- WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
- ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
- OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
- _____________________________________
- Sun Microsystems, Inc. Binary Code License Agreement
- for the JAVA SE RUNTIME ENVIRONMENT (JRE) VERSION 6
- SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
- SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION
- THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY
- CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS
- (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
- CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU
- ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY
- SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE
- AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
- TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE
- AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT
- CONTINUE.
- 1. DEFINITIONS. "Software" means the identified above in
- binary form, any other machine readable materials
- (including, but not limited to, libraries, source files,
- header files, and data files), any updates or error
- corrections provided by Sun, and any user manuals,
- programming guides and other documentation provided to you
- by Sun under this Agreement. "General Purpose Desktop
- Computers and Servers" means computers, including desktop,
- laptop and tablet computers, or servers, used for general
- computing functions under end user control (such as but not
- specifically limited to email, general purpose Internet
- browsing, and office suite productivity tools). The use of
- Software in systems and solutions that provide dedicated
- functionality (other than as mentioned above) or designed
- for use in embedded or function-specific software
- applications, for example but not limited to: Software
- embedded in or bundled with industrial control systems,
- wireless mobile telephones, wireless handheld devices,
- kiosks, TV/STB, Blu-ray Disc devices, telematics and
- network control switching equipment, printers and storage
- management systems, and other related systems are excluded
- from this definition and not licensed under this
- Agreement. "Programs" means Java technology applets and
- applications intended to run on the Java Platform Standard
- Edition (Java SE) platform on Java-enabled General Purpose
- Desktop Computers and Servers.
- 2. LICENSE TO USE. Subject to the terms and conditions of
- this Agreement, including, but not limited to the Java
- Technology Restrictions of the Supplemental License Terms,
- Sun grants you a non-exclusive, non-transferable, limited
- license without license fees to reproduce and use
- internally Software complete and unmodified for the sole
- purpose of running Programs. Additional licenses for
- developers and/or publishers are granted in the
- Supplemental License Terms.
- 3. RESTRICTIONS. Software is confidential and copyrighted.
- Title to Software and all associated intellectual property
- rights is retained by Sun and/or its licensors. Unless
- enforcement is prohibited by applicable law, you may not
- modify, decompile, or reverse engineer Software. You
- acknowledge that Licensed Software is not designed or
- intended for use in the design, construction, operation or
- maintenance of any nuclear facility. Sun Microsystems, Inc.
- disclaims any express or implied warranty of fitness for
- such uses. No right, title or interest in or to any
- trademark, service mark, logo or trade name of Sun or its
- licensors is granted under this Agreement. Additional
- restrictions for developers and/or publishers licenses are
- set forth in the Supplemental License Terms.
- 4. LIMITED WARRANTY. Sun warrants to you that for a period
- of ninety (90) days from the date of purchase, as evidenced
- by a copy of the receipt, the media on which Software is
- furnished (if any) will be free of defects in materials and
- workmanship under normal use. Except for the foregoing,
- Software is provided "AS IS". Your exclusive remedy and
- Sun's entire liability under this limited warranty will be
- at Sun's option to replace Software media or refund the fee
- paid for Software. Any implied warranties on the Software
- are limited to 90 days. Some states do not allow
- limitations on duration of an implied warranty, so the
- above may not apply to you. This limited warranty gives you
- specific legal rights. You may have others, which vary from
- state to state.
- 5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS
- AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS,
- REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED
- WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
- PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
- EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY
- INVALID.
- 6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED
- BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR
- ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT,
- CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER
- CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT
- OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
- EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
- DAMAGES. In no event will Sun's liability to you, whether
- in contract, tort (including negligence), or otherwise,
- exceed the amount paid by you for Software under this
- Agreement. The foregoing limitations will apply even if
- the above stated warranty fails of its essential purpose.
- Some states do not allow the exclusion of incidental or
- consequential damages, so some of the terms above may not
- be applicable to you.
- 7. TERMINATION. This Agreement is effective until
- terminated. You may terminate this Agreement at any time
- by destroying all copies of Software. This Agreement will
- terminate immediately without notice from Sun if you fail
- to comply with any provision of this Agreement. Either
- party may terminate this Agreement immediately should any
- Software become, or in either party's opinion be likely to
- become, the subject of a claim of infringement of any
- intellectual property right. Upon Termination, you must
- destroy all copies of Software.
- 8. EXPORT REGULATIONS. All Software and technical data
- delivered under this Agreement are subject to US export
- control laws and may be subject to export or import
- regulations in other countries. You agree to comply
- strictly with all such laws and regulations and acknowledge
- that you have the responsibility to obtain such licenses to
- export, re-export, or import as may be required after
- delivery to you.
- 9. TRADEMARKS AND LOGOS. You acknowledge and agree as
- between you and Sun that Sun owns the SUN, SOLARIS, JAVA,
- JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS,
- JAVA, JINI, FORTE, and iPLANET-related trademarks, service
- marks, logos and other brand designations ("Sun Marks"),
- and you agree to comply with the Sun Trademark and Logo
- Usage Requirements currently located at
- http://www.sun.com/policies/trademarks. Any use you make of
- the Sun Marks inures to Sun's benefit.
- 10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is
- being acquired by or on behalf of the U.S. Government or by
- a U.S. Government prime contractor or subcontractor (at any
- tier), then the Government's rights in Software and
- accompanying documentation will be only as set forth in
- this Agreement; this is in accordance with 48 CFR 227.7201
- through 227.7202-4 (for Department of Defense (DOD)
- acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD
- acquisitions).
- 11. GOVERNING LAW. Any action related to this Agreement
- will be governed by California law and controlling U.S.
- federal law. No choice of law rules of any jurisdiction
- will apply.
- 12. SEVERABILITY. If any provision of this Agreement is
- held to be unenforceable, this Agreement will remain in
- effect with the provision omitted, unless omission would
- frustrate the intent of the parties, in which case this
- Agreement will immediately terminate.
- 13. INTEGRATION. This Agreement is the entire agreement
- between you and Sun relating to its subject matter. It
- supersedes all prior or contemporaneous oral or written
- communications, proposals, representations and warranties
- and prevails over any conflicting or additional terms of
- any quote, order, acknowledgment, or other communication
- between the parties relating to its subject matter during
- the term of this Agreement. No modification of this
- Agreement will be binding, unless in writing and signed by
- an authorized representative of each party.
- SUPPLEMENTAL LICENSE TERMS
- These Supplemental License Terms add to or modify the terms
- of the Binary Code License Agreement. Capitalized terms not
- defined in these Supplemental Terms shall have the same
- meanings ascribed to them in the Binary Code License
- Agreement . These Supplemental Terms shall supersede any
- inconsistent or conflicting terms in the Binary Code
- License Agreement, or in any license contained within the
- Software.
- A. Software Internal Use and Development License Grant.
- Subject to the terms and conditions of this Agreement and
- restrictions and exceptions set forth in the Software
- "README" file incorporated herein by reference, including,
- but not limited to the Java Technology Restrictions of
- these Supplemental Terms, Sun grants you a non-exclusive,
- non-transferable, limited license without fees to reproduce
- internally and use internally the Software complete and
- unmodified for the purpose of designing, developing, and
- testing your Programs.
- B. License to Distribute Software. Subject to the terms and
- conditions of this Agreement and restrictions and
- exceptions set forth in the Software README file,
- including, but not limited to the Java Technology
- Restrictions of these Supplemental Terms, Sun grants you a
- non-exclusive, non-transferable, limited license without
- fees to reproduce and distribute the Software, provided
- that (i) you distribute the Software complete and
- unmodified and only bundled as part of, and for the sole
- purpose of running, your Programs, (ii) the Programs add
- significant and primary functionality to the Software,
- (iii) you do not distribute additional software intended to
- replace any component(s) of the Software, (iv) you do not
- remove or alter any proprietary legends or notices
- contained in the Software, (v) you only distribute the
- Software subject to a license agreement that protects Sun's
- interests consistent with the terms contained in this
- Agreement, and (vi) you agree to defend and indemnify Sun
- and its licensors from and against any damages, costs,
- liabilities, settlement amounts and/or expenses (including
- attorneys' fees) incurred in connection with any claim,
- lawsuit or action by any third party that arises or results
- from the use or distribution of any and all Programs and/or
- Software.
- C. Java Technology Restrictions. You may not create,
- modify, or change the behavior of, or authorize your
- licensees to create, modify, or change the behavior of,
- classes, interfaces, or subpackages that are in any way
- identified as "java", "javax", "sun" or similar convention
- as specified by Sun in any naming convention designation.
- D. Source Code. Software may contain source code that,
- unless expressly licensed for other purposes, is provided
- solely for reference purposes pursuant to the terms of this
- Agreement. Source code may not be redistributed unless
- expressly provided for in this Agreement.
- E. Third Party Code. Additional copyright notices and
- license terms applicable to portions of the Software are
- set forth in the THIRDPARTYLICENSEREADME.txt file. In
- addition to any terms and conditions of any third party
- opensource/freeware license identified in the
- THIRDPARTYLICENSEREADME.txt file, the disclaimer of
- warranty and limitation of liability provisions in
- paragraphs 5 and 6 of the Binary Code License Agreement
- shall apply to all Software in this distribution.
- F. Termination for Infringement. Either party may terminate
- this Agreement immediately should any Software become, or
- in either party's opinion be likely to become, the subject
- of a claim of infringement of any intellectual property
- right.
- G. Installation and Auto-Update. The Software's
- installation and auto-update processes transmit a limited
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- specific processes to help Sun understand and optimize
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- identifiable information. You can find more information
- about the data Sun collects at http://java.com/data/.
- For inquiries please contact: Sun Microsystems, Inc., 4150
- Network Circle, Santa Clara, California 95054, U.S.A.
- _____________________________________
- Eclipse Foundation Software User Agreement
- February 1, 2011
- Usage Of Content
- THE ECLIPSE FOUNDATION MAKES AVAILABLE SOFTWARE, DOCUMENTATION, INFORMATION
- AND/OR OTHER MATERIALS FOR OPEN SOURCE PROJECTS (COLLECTIVELY "CONTENT").
- USE OF THE CONTENT IS GOVERNED BY THE TERMS AND CONDITIONS OF THIS
- AGREEMENT AND/OR THE TERMS AND CONDITIONS OF LICENSE AGREEMENTS OR
- NOTICES INDICATED OR REFERENCED BELOW. BY USING THE CONTENT, YOU
- AGREE THAT YOUR USE OF THE CONTENT IS GOVERNED BY THIS AGREEMENT
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- 9. Acceptance Not Required for Having Copies.
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- or substantially all assets of one, or subdividing an organization, or merging
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- each party to that transaction who receives a copy of the work also receives whatever
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- previous paragraph, plus a right to possession of the Corresponding Source of the
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- reasonable efforts.
- You may not impose any further restrictions on the exercise of the rights granted or
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- or other charge for exercise of rights granted under this License, and you may not
- initiate litigation (including a cross-claim or counterclaim in a lawsuit) alleging
- that any patent claim is infringed by making, using, selling, offering for sale, or
- importing the Program or any portion of it.
- 11. Patents.
- A “contributor” is a copyright holder who authorizes use under this License of the
- Program or a work on which the Program is based. The work thus licensed is called
- the contributor's “contributor version”.
- A contributor's “essential patent claims” are all patent claims owned or controlled
- by the contributor, whether already acquired or hereafter acquired, that would be
- infringed by some manner, permitted by this License, of making, using, or selling
- its contributor version, but do not include claims that would be infringed only as
- a consequence of further modification of the contributor version. For purposes of
- this definition, “control” includes the right to grant patent sublicenses in a manner
- consistent with the requirements of this License.
- Each contributor grants you a non-exclusive, worldwide, royalty-free patent license
- under the contributor's essential patent claims, to make, use, sell, offer for sale,
- import and otherwise run, modify and propagate the contents of its contributor version.
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- commitment, however denominated, not to enforce a patent (such as an express
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- “grant” such a patent license to a party means to make such an agreement or commitment
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- other readily accessible means, then you must either (1) cause the Corresponding Source
- to be so available, or (2) arrange to deprive yourself of the benefit of the patent
- license for this particular work, or (3) arrange, in a manner consistent with the
- requirements of this License, to extend the patent license to downstream recipients.
- “Knowingly relying” means you have actual knowledge that, but for the patent license,
- your conveying the covered work in a country, or your recipient's use of the covered
- work in a country, would infringe one or more identifiable patents in that country
- that you have reason to believe are valid.
- If, pursuant to or in connection with a single transaction or arrangement, you convey,
- or propagate by procuring conveyance of, a covered work, and grant a patent license to
- some of the parties receiving the covered work authorizing them to use, propagate,
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- A patent license is “discriminatory” if it does not include within the scope of its
- coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or
- more of the rights that are specifically granted under this License. You may not convey
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- grants, to any of the parties who would receive the covered work from you, a discriminatory
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- compilations that contain the covered work, unless you entered into that arrangement, or
- that patent license was granted, prior to 28 March 2007.
- Nothing in this License shall be construed as excluding or limiting any implied license or
- other defenses to infringement that may otherwise be available to you under applicable
- patent law.
- 12. No Surrender of Others' Freedom.
- If conditions are imposed on you (whether by court order, agreement or otherwise) that
- contradict the conditions of this License, they do not excuse you from the conditions
- of this License. If you cannot convey a covered work so as to satisfy simultaneously
- your obligations under this License and any other pertinent obligations, then as a
- consequence you may not convey it at all. For example, if you agree to terms that obligate
- you to collect a royalty for further conveying from those to whom you convey the Program,
- the only way you could satisfy both those terms and this License would be to refrain
- entirely from conveying the Program.
- 13. Use with the GNU Affero General Public License.
- Notwithstanding any other provision of this License, you have permission to link or
- combine any covered work with a work licensed under version 3 of the GNU Affero General
- Public License into a single combined work, and to convey the resulting work. The terms
- of this License will continue to apply to the part which is the covered work, but the
- special requirements of the GNU Affero General Public License, section 13, concerning
- interaction through a network will apply to the combination as such.
- 14. Revised Versions of this License.
- The Free Software Foundation may publish revised and/or new versions of the GNU General
- Public License from time to time. Such new versions will be similar in spirit to the
- present version, but may differ in detail to address new problems or concerns.
- Each version is given a distinguishing version number. If the Program specifies that a
- certain numbered version of the GNU General Public License “or any later version” applies
- to it, you have the option of following the terms and conditions either of that numbered
- version or of any later version published by the Free Software Foundation. If the Program
- does not specify a version number of the GNU General Public License, you may choose any
- version ever published by the Free Software Foundation.
- If the Program specifies that a proxy can decide which future versions of the GNU General
- Public License can be used, that proxy's public statement of acceptance of a version
- permanently authorizes you to choose that version for the Program.
- Later license versions may give you additional or different permissions. However, no
- additional obligations are imposed on any author or copyright holder as a result of your
- choosing to follow a later version.
- 15. Disclaimer of Warranty.
- THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT
- WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE
- PROGRAM “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 THE PROGRAM IS WITH YOU.
- SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR
- OR CORRECTION.
- 16. Limitation of Liability.
- IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT
- HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE,
- BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
- DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (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 PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
- HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- j
- 17. Interpretation of Sections 15 and 16.
- If the disclaimer of warranty and limitation of liability provided above cannot be given
- local legal effect according to their terms, reviewing courts shall apply local law that
- most closely approximates an absolute waiver of all civil liability in connection with
- the Program, unless a warranty or assumption of liability accompanies a copy of the
- Program in return for a fee.
- END OF TERMS AND CONDITIONS
- How to Apply These Terms to Your New Programs
- If you develop a new program, and you want it to be of the greatest possible use to the
- public, the best way to achieve this is to make it free software which everyone can
- redistribute and change under these terms.
- To do so, attach the following notices to the program. It is safest to attach them to the
- start of each source file to most effectively state the exclusion of warranty; and each
- file should have at least the “copyright” line and a pointer to where the full notice is
- found.
- <one line to give the program's name and a brief idea of what it does.>
- Copyright (C) <year> <name of author>
- This program is free software: you can redistribute it and/or modify
- it under the terms of the GNU General Public License as published by
- the Free Software Foundation, either version 3 of the License, or
- (at your option) any later version.
- This program is distributed in the hope that it will be useful,
- but WITHOUT ANY WARRANTY; without even the implied warranty of
- MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
- GNU General Public License for more details.
- You should have received a copy of the GNU General Public License
- along with this program. If not, see <http://www.gnu.org/licenses/>.
- Also add information on how to contact you by electronic and paper mail.
- If the program does terminal interaction, make it output a short notice like this when it
- starts in an interactive mode:
- <program> Copyright (C) <year> <name of author>
- This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
- This is free software, and you are welcome to redistribute it
- under certain conditions; type `show c' for details.
- The hypothetical commands `show w' and `show c' should show the appropriate parts of the
- General Public License. Of course, your program's commands might be different; for a GUI
- interface, you would use an “about box”.
- You should also get your employer (if you work as a programmer) or school, if any, to sign
- a “copyright disclaimer” for the program, if necessary. For more information on this, and
- how to apply and follow the GNU GPL, see <http://www.gnu.org/licenses/>.
- The GNU General Public License does not permit incorporating your program into proprietary
- programs. If your program is a subroutine library, you may consider it more useful to permit
- linking proprietary applications with the library. If this is what you want to do, use the
- GNU Lesser General Public License instead of this License. But first, please read
- <http://www.gnu.org/philosophy/why-not-lgpl.html>.
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