1 Apache Tomcat

     1 The following applies to all products licensed under the Apache 2.0 License:

     2 Copyright 1999-2014 The Apache Software Foundation

     2 

     3 

     3 You may not use the identified files except in compliance with the Apache License, Version 2.0 (the "License.")

     4 This product includes software developed at

     4  

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

     5 You may obtain a copy of the License at http://www.apache.org/licenses/LICENSE-2.0.  A copy of the license is also reproduced below.

     6 

     6 

     7 The Windows Installer is built with the Nullsoft

     7 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.

     8 Scriptable Install Sysem (NSIS), which is

     8 

     9 open source software.  The original software and

     9 See the License for the specific language governing permissions and limitations under the License.

    10 related information is available at

    10 

    11 http://nsis.sourceforge.net.

    11 		                 Apache License

    12 

    13 Java compilation software for JSP pages is provided by Eclipse, 

    14 which is open source software.  The original software and 

    15 related information is available at

    16 http://www.eclipse.org.

    17 

    18                                  Apache License

   221 

   214 1.  The follow files are available in source code form under the Eclipse Public License at:  http://archive.eclipse.org/eclipse/downloads/ .  (The EPL license is reproduced below).

   222 APACHE TOMCAT SUBCOMPONENTS: 

   215 

   223 

   216 2.  All past Contributors to the Eclipse JDT Java compiler disclaim all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose.  In addition, such Contributors are not liable for any damages, including direct, indirect, special, incidental and consequential damages, such as lost profits.  

   224 Apache Tomcat includes a number of subcomponents with separate copyright notices

   217 

   225 and license terms. Your use of these subcomponents is subject to the terms and

   218 3.  Any provisions of the Oracle license agreement that differ from the Eclipse Public License are offered by Oracle alone and not by any other party.

   226 conditions of the following licenses. 

   219 

   227 

   220 

   228 

   221 

   229 For the Eclipse JDT Java compiler:

   222 Eclipse Public License - v 1.0 

   230 

   223 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 

   231 Eclipse Public License - v 1.0

   224 1. DEFINITIONS 

   232 

   225 "Contribution" means: 

   233 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC

   226 a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

   234 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

   235 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

   236 

   237 1. DEFINITIONS

   238 

   239 "Contribution" means:

   240 

   241 a) in the case of the initial Contributor, the initial code and documentation

   242 distributed under this Agreement, and

   243 

   249 

   230 where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. 

   250 where such changes and/or additions to the Program originate from and are

   231 "Contributor" means any person or entity that distributes the Program. 

   251 distributed by that particular Contributor. A Contribution 'originates' from a

   232 "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. 

   252 Contributor if it was added to the Program by such Contributor itself or anyone

   233 "Program" means the Contributions distributed in accordance with this Agreement. 

   253 acting on such Contributor's behalf. Contributions do not include additions to

   234 "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 

   254 the Program which: (i) are separate modules of software distributed in

   235 2. GRANT OF RIGHTS 

   255 conjunction with the Program under their own license agreement, and (ii) are not

   236 a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

   256 derivative works of the Program.

   237 b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. 

   257 

   238 c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

   258 "Contributor" means any person or entity that distributes the Program.

   239 d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement. 

   259 

   240 3. REQUIREMENTS 

   260 "Licensed Patents" mean patent claims licensable by a Contributor which are

   241 A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: 

   261 necessarily infringed by the use or sale of its Contribution alone or when

   262 combined with the Program.

   263 

   264 "Program" means the Contributions distributed in accordance with this Agreement.

   265 

   266 "Recipient" means anyone who receives the Program under this Agreement,

   267 including all Contributors.

   268 

   269 2. GRANT OF RIGHTS

   270 

   271 a) Subject to the terms of this Agreement, each Contributor hereby grants

   272 Recipient a non-exclusive, worldwide, royalty-free copyright license to

   273 reproduce, prepare derivative works of, publicly display, publicly perform,

   274 distribute and sublicense the Contribution of such Contributor, if any, and such

   275 derivative works, in source code and object code form.

   276 

   277 b) Subject to the terms of this Agreement, each Contributor hereby grants

   278 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

   279 Patents to make, use, sell, offer to sell, import and otherwise transfer the

   280 Contribution of such Contributor, if any, in source code and object code form.

   281 This patent license shall apply to the combination of the Contribution and the

   282 Program if, at the time the Contribution is added by the Contributor, such

   283 addition of the Contribution causes such combination to be covered by the

   284 Licensed Patents. The patent license shall not apply to any other combinations

   285 which include the Contribution. No hardware per se is licensed hereunder.

   286 

   287 c) Recipient understands that although each Contributor grants the licenses to

   288 its Contributions set forth herein, no assurances are provided by any

   289 Contributor that the Program does not infringe the patent or other intellectual

   290 property rights of any other entity. Each Contributor disclaims any liability to

   291 Recipient for claims brought by any other entity based on infringement of

   292 intellectual property rights or otherwise. As a condition to exercising the

   293 rights and licenses granted hereunder, each Recipient hereby assumes sole

   294 responsibility to secure any other intellectual property rights needed, if any.

   295 For example, if a third party patent license is required to allow Recipient to

   296 distribute the Program, it is Recipient's responsibility to acquire that license

   297 before distributing the Program.

   298 

   299 d) Each Contributor represents that to its knowledge it has sufficient copyright

   300 rights in its Contribution, if any, to grant the copyright license set forth in

   301 this Agreement.

   302 

   303 3. REQUIREMENTS

   304 

   305 A Contributor may choose to distribute the Program in object code form under its

   306 own license agreement, provided that:

   307 

   311 

   244 i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; 

   312 i) effectively disclaims on behalf of all Contributors all warranties and

   245 ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; 

   313 conditions, express and implied, including warranties or conditions of title and

   246 iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

   314 non-infringement, and implied warranties or conditions of merchantability and

   247 iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. 

   315 fitness for a particular purpose;

   248 When the Program is made available in source code form: 

   316 

   249 a) it must be made available under this Agreement; and 

   317 ii) effectively excludes on behalf of all Contributors all liability for

   250 b) a copy of this Agreement must be included with each copy of the Program. 

   318 damages, including direct, indirect, special, incidental and consequential

   251 Contributors may not remove or alter any copyright notices contained within the Program. 

   319 damages, such as lost profits;

   252 Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 

   320 

   253 4. COMMERCIAL DISTRIBUTION 

   321 iii) states that any provisions which differ from this Agreement are offered by

   254 Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. 

   322 that Contributor alone and not by any other party; and

   255 For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 

   323 

   256 5. NO WARRANTY 

   324 iv) states that source code for the Program is available from such Contributor,

   257 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 

   325 and informs licensees how to obtain it in a reasonable manner on or through a

   258 6. DISCLAIMER OF LIABILITY 

   326 medium customarily used for software exchange.

   259 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

   327 

   260 7. GENERAL 

   328 When the Program is made available in source code form:

   261 If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. 

   329 

   262 If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. 

   330 a) it must be made available under this Agreement; and

   263 All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. 

   331 

   264 Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. 

   332 b) a copy of this Agreement must be included with each copy of the Program.

   265 This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. 

   333 

   334 Contributors may not remove or alter any copyright notices contained within the

   335 Program.

   336 

   337 Each Contributor must identify itself as the originator of its Contribution, if

   338 any, in a manner that reasonably allows subsequent Recipients to identify the

   339 originator of the Contribution.

   340 

   341 4. COMMERCIAL DISTRIBUTION

   342 

   343 Commercial distributors of software may accept certain responsibilities with

   344 respect to end users, business partners and the like. While this license is

   345 intended to facilitate the commercial use of the Program, the Contributor who

   346 includes the Program in a commercial product offering should do so in a manner

   347 which does not create potential liability for other Contributors. Therefore, if

   348 a Contributor includes the Program in a commercial product offering, such

   349 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

   350 every other Contributor ("Indemnified Contributor") against any losses, damages

   351 and costs (collectively "Losses") arising from claims, lawsuits and other legal

   352 actions brought by a third party against the Indemnified Contributor to the

   353 extent caused by the acts or omissions of such Commercial Contributor in

   354 connection with its distribution of the Program in a commercial product

   355 offering. The obligations in this section do not apply to any claims or Losses

   356 relating to any actual or alleged intellectual property infringement. In order

   357 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

   358 Contributor in writing of such claim, and b) allow the Commercial Contributor

   359 to control, and cooperate with the Commercial Contributor in, the defense and

   360 any related settlement negotiations. The Indemnified Contributor may

   361 participate in any such claim at its own expense.

   362 

   363 For example, a Contributor might include the Program in a commercial product

   364 offering, Product X. That Contributor is then a Commercial Contributor. If that

   365 Commercial Contributor then makes performance claims, or offers warranties

   366 related to Product X, those performance claims and warranties are such

   367 Commercial Contributor's responsibility alone. Under this section, the

   368 Commercial Contributor would have to defend claims against the other

   369 Contributors related to those performance claims and warranties, and if a court

   370 requires any other Contributor to pay any damages as a result, the Commercial

   371 Contributor must pay those damages.

   372 

   373 5. NO WARRANTY

   374 

   375 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

   376 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

   377 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

   378 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

   379 Recipient is solely responsible for determining the appropriateness of using and

   380 distributing the Program and assumes all risks associated with its exercise of

   381 rights under this Agreement , including but not limited to the risks and costs

   382 of program errors, compliance with applicable laws, damage to or loss of data,

   383 programs or equipment, and unavailability or interruption of operations.

   384 

   385 6. DISCLAIMER OF LIABILITY

   386 

   387 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

   388 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

   389 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

   390 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

   391 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

   392 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

   393 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   394 

   395 7. GENERAL

   396 

   397 If any provision of this Agreement is invalid or unenforceable under applicable

   398 law, it shall not affect the validity or enforceability of the remainder of the

   399 terms of this Agreement, and without further action by the parties hereto, such

   400 provision shall be reformed to the minimum extent necessary to make such

   401 provision valid and enforceable.

   402 

   403 If Recipient institutes patent litigation against any entity (including a

   404 cross-claim or counterclaim in a lawsuit) alleging that the Program itself

   405 (excluding combinations of the Program with other software or hardware)

   406 infringes such Recipient's patent(s), then such Recipient's rights granted under

   407 Section 2(b) shall terminate as of the date such litigation is filed.

   408 

   409 All Recipient's rights under this Agreement shall terminate if it fails to

   410 comply with any of the material terms or conditions of this Agreement and does

   411 not cure such failure in a reasonable period of time after becoming aware of

   412 such noncompliance. If all Recipient's rights under this Agreement terminate,

   413 Recipient agrees to cease use and distribution of the Program as soon as

   414 reasonably practicable. However, Recipient's obligations under this Agreement

   415 and any licenses granted by Recipient relating to the Program shall continue and

   416 survive.

   417 

   418 Everyone is permitted to copy and distribute copies of this Agreement, but in

   419 order to avoid inconsistency the Agreement is copyrighted and may only be

   420 modified in the following manner. The Agreement Steward reserves the right to

   421 publish new versions (including revisions) of this Agreement from time to time.

   422 No one other than the Agreement Steward has the right to modify this Agreement.

   423 The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation

   424 may assign the responsibility to serve as the Agreement Steward to a suitable

   425 separate entity. Each new version of the Agreement will be given a

   426 distinguishing version number. The Program (including Contributions) may always

   427 be distributed subject to the version of the Agreement under which it was

   428 received. In addition, after a new version of the Agreement is published,

   429 Contributor may elect to distribute the Program (including its Contributions)

   430 under the new version. Except as expressly stated in Sections 2(a) and 2(b)

   431 above, Recipient receives no rights or licenses to the intellectual property of

   432 any Contributor under this Agreement, whether expressly, by implication,

   433 estoppel or otherwise. All rights in the Program not expressly granted under

   434 this Agreement are reserved.

   435 

   436 This Agreement is governed by the laws of the State of New York and the

   437 intellectual property laws of the United States of America. No party to this

   438 Agreement will bring a legal action under this Agreement more than one year

   439 after the cause of action arose. Each party waives its rights to a jury trial in

   440 any resulting litigation.

   441 

   442 

   443 For the Windows Installer component:

   444 

   445     * All NSIS source code, plug-ins, documentation, examples, header files and

   446        graphics, with the exception of the compression modules and where

   447        otherwise noted, are licensed under the zlib/libpng license.

   448     * The zlib compression module for NSIS is licensed under the zlib/libpng

   449        license.

   450     * The bzip2 compression module for NSIS is licensed under the bzip2 license.

   451     * The lzma compression module for NSIS is licensed under the Common Public

   452        License version 1.0. 

   453 

   454 zlib/libpng license

   455 

   456 This software is provided 'as-is', without any express or implied warranty. In

   457 no event will the authors be held liable for any damages arising from the use of

   458 this software.

   459 

   460 Permission is granted to anyone to use this software for any purpose, including

   461 commercial applications, and to alter it and redistribute it freely, subject to

   462 the following restrictions:

   463 

   464    1. The origin of this software must not be misrepresented; you must not claim

   465        that you wrote the original software. If you use this software in a

   466        product, an acknowledgment in the product documentation would be

   467        appreciated but is not required.

   468    2. Altered source versions must be plainly marked as such, and must not be

   469        misrepresented as being the original software.

   470    3. This notice may not be removed or altered from any source distribution. 

   471 

   472 bzip2 license

   473 

   474 Redistribution and use in source and binary forms, with or without modification,

   475 are permitted provided that the following conditions are met:

   476 

   477    1. Redistributions of source code must retain the above copyright notice,

   478        this list of conditions and the following disclaimer.

   479    2. The origin of this software must not be misrepresented; you must not claim

   480        that you wrote the original software. If you use this software in a

   481        product, an acknowledgment in the product documentation would be

   482        appreciated but is not required.

   483    3. Altered source versions must be plainly marked as such, and must not be

   484        misrepresented as being the original software.

   485    4. The name of the author may not be used to endorse or promote products

   486        derived from this software without specific prior written permission. 

   487 

   488 THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED

   489 WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF

   490 MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT

   491 SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,

   492 EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT

   493 OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS

   494 INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN

   495 CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING

   496 IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY

   497 OF SUCH DAMAGE.

   498 

   499 Julian Seward, Cambridge, UK.

   500 

   501 [email protected]

   502 Common Public License version 1.0

   503 

   504 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC

   505 LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM

   506 CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

   507 

   508 1. DEFINITIONS

   509 

   510 "Contribution" means:

   511 

   512 a) in the case of the initial Contributor, the initial code and documentation

   513 distributed under this Agreement, and b) in the case of each subsequent

   514 Contributor:

   515 

   516 i) changes to the Program, and

   517 

   518 ii) additions to the Program;

   519 

   520 where such changes and/or additions to the Program originate from and are

   521 distributed by that particular Contributor. A Contribution 'originates' from a

   522 Contributor if it was added to the Program by such Contributor itself or anyone

   523 acting on such Contributor's behalf. Contributions do not include additions to

   524 the Program which: (i) are separate modules of software distributed in

   525 conjunction with the Program under their own license agreement, and (ii) are not

   526 derivative works of the Program.

   527 

   528 "Contributor" means any person or entity that distributes the Program.

   529 

   530 "Licensed Patents " mean patent claims licensable by a Contributor which are

   531 necessarily infringed by the use or sale of its Contribution alone or when

   532 combined with the Program.

   533 

   534 "Program" means the Contributions distributed in accordance with this Agreement.

   535 

   536 "Recipient" means anyone who receives the Program under this Agreement,

   537 including all Contributors.

   538 

   539 2. GRANT OF RIGHTS

   540 

   541 a) Subject to the terms of this Agreement, each Contributor hereby grants

   542 Recipient a non-exclusive, worldwide, royalty-free copyright license to

   543 reproduce, prepare derivative works of, publicly display, publicly perform,

   544 distribute and sublicense the Contribution of such Contributor, if any, and such

   545 derivative works, in source code and object code form.

   546 

   547 b) Subject to the terms of this Agreement, each Contributor hereby grants

   548 Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed

   549 Patents to make, use, sell, offer to sell, import and otherwise transfer the

   550 Contribution of such Contributor, if any, in source code and object code form.

   551 This patent license shall apply to the combination of the Contribution and the

   552 Program if, at the time the Contribution is added by the Contributor, such

   553 addition of the Contribution causes such combination to be covered by the

   554 Licensed Patents. The patent license shall not apply to any other combinations

   555 which include the Contribution. No hardware per se is licensed hereunder.

   556 

   557 c) Recipient understands that although each Contributor grants the licenses to

   558 its Contributions set forth herein, no assurances are provided by any

   559 Contributor that the Program does not infringe the patent or other intellectual

   560 property rights of any other entity. Each Contributor disclaims any liability to

   561 Recipient for claims brought by any other entity based on infringement of

   562 intellectual property rights or otherwise. As a condition to exercising the

   563 rights and licenses granted hereunder, each Recipient hereby assumes sole

   564 responsibility to secure any other intellectual property rights needed, if any.

   565 For example, if a third party patent license is required to allow Recipient to

   566 distribute the Program, it is Recipient's responsibility to acquire that license

   567 before distributing the Program.

   568 

   569 d) Each Contributor represents that to its knowledge it has sufficient copyright

   570 rights in its Contribution, if any, to grant the copyright license set forth in

   571 this Agreement.

   572 

   573 3. REQUIREMENTS

   574 

   575 A Contributor may choose to distribute the Program in object code form under its

   576 own license agreement, provided that:

   577 

   578 a) it complies with the terms and conditions of this Agreement; and

   579 

   580 b) its license agreement:

   581 

   582 i) effectively disclaims on behalf of all Contributors all warranties and

   583 conditions, express and implied, including warranties or conditions of title and

   584 non-infringement, and implied warranties or conditions of merchantability and

   585 fitness for a particular purpose;

   586 

   587 ii) effectively excludes on behalf of all Contributors all liability for

   588 damages, including direct, indirect, special, incidental and consequential

   589 damages, such as lost profits;

   590 

   591 iii) states that any provisions which differ from this Agreement are offered by

   592 that Contributor alone and not by any other party; and

   593 

   594 iv) states that source code for the Program is available from such Contributor,

   595 and informs licensees how to obtain it in a reasonable manner on or through a

   596 medium customarily used for software exchange.

   597 

   598 When the Program is made available in source code form:

   599 

   600 a) it must be made available under this Agreement; and

   601 

   602 b) a copy of this Agreement must be included with each copy of the Program.

   603 

   604 Contributors may not remove or alter any copyright notices contained within the

   605 Program.

   606 

   607 Each Contributor must identify itself as the originator of its Contribution, if

   608 any, in a manner that reasonably allows subsequent Recipients to identify the

   609 originator of the Contribution.

   610 

   611 4. COMMERCIAL DISTRIBUTION

   612 

   613 Commercial distributors of software may accept certain responsibilities with

   614 respect to end users, business partners and the like. While this license is

   615 intended to facilitate the commercial use of the Program, the Contributor who

   616 includes the Program in a commercial product offering should do so in a manner

   617 which does not create potential liability for other Contributors. Therefore, if

   618 a Contributor includes the Program in a commercial product offering, such

   619 Contributor ("Commercial Contributor") hereby agrees to defend and indemnify

   620 every other Contributor ("Indemnified Contributor") against any losses, damages

   621 and costs (collectively "Losses") arising from claims, lawsuits and other legal

   622 actions brought by a third party against the Indemnified Contributor to the

   623 extent caused by the acts or omissions of such Commercial Contributor in

   624 connection with its distribution of the Program in a commercial product

   625 offering. The obligations in this section do not apply to any claims or Losses

   626 relating to any actual or alleged intellectual property infringement. In order

   627 to qualify, an Indemnified Contributor must: a) promptly notify the Commercial

   628 Contributor in writing of such claim, and b) allow the Commercial Contributor to

   629 control, and cooperate with the Commercial Contributor in, the defense and any

   630 related settlement negotiations. The Indemnified Contributor may participate in

   631 any such claim at its own expense.

   632 

   633 For example, a Contributor might include the Program in a commercial product

   634 offering, Product X. That Contributor is then a Commercial Contributor. If that

   635 Commercial Contributor then makes performance claims, or offers warranties

   636 related to Product X, those performance claims and warranties are such

   637 Commercial Contributor's responsibility alone. Under this section, the

   638 Commercial Contributor would have to defend claims against the other

   639 Contributors related to those performance claims and warranties, and if a court

   640 requires any other Contributor to pay any damages as a result, the Commercial

   641 Contributor must pay those damages.

   642 

   643 5. NO WARRANTY

   644 

   645 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN

   646 "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR

   647 IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,

   648 NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each

   649 Recipient is solely responsible for determining the appropriateness of using and

   650 distributing the Program and assumes all risks associated with its exercise of

   651 rights under this Agreement, including but not limited to the risks and costs of

   652 program errors, compliance with applicable laws, damage to or loss of data,

   653 programs or equipment, and unavailability or interruption of operations.

   654 

   655 6. DISCLAIMER OF LIABILITY

   656 

   657 EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY

   658 CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,

   659 SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST

   660 PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,

   661 STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY

   662 OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS

   663 GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   664 

   665 7. GENERAL

   666 

   667 If any provision of this Agreement is invalid or unenforceable under applicable

   668 law, it shall not affect the validity or enforceability of the remainder of the

   669 terms of this Agreement, and without further action by the parties hereto, such

   670 provision shall be reformed to the minimum extent necessary to make such

   671 provision valid and enforceable.

   672 

   673 If Recipient institutes patent litigation against a Contributor with respect to

   674 a patent applicable to software (including a cross-claim or counterclaim in a

   675 lawsuit), then any patent licenses granted by that Contributor to such Recipient

   676 under this Agreement shall terminate as of the date such litigation is filed. In

   677 addition, if Recipient institutes patent litigation against any entity

   678 (including a cross-claim or counterclaim in a lawsuit) alleging that the Program

   679 itself (excluding combinations of the Program with other software or hardware)

   680 infringes such Recipient's patent(s), then such Recipient's rights granted under

   681 Section 2(b) shall terminate as of the date such litigation is filed.

   682 

   683 All Recipient's rights under this Agreement shall terminate if it fails to

   684 comply with any of the material terms or conditions of this Agreement and does

   685 not cure such failure in a reasonable period of time after becoming aware of

   686 such noncompliance. If all Recipient's rights under this Agreement terminate,

   687 Recipient agrees to cease use and distribution of the Program as soon as

   688 reasonably practicable. However, Recipient's obligations under this Agreement

   689 and any licenses granted by Recipient relating to the Program shall continue and

   690 survive.

   691 

   692 Everyone is permitted to copy and distribute copies of this Agreement, but in

   693 order to avoid inconsistency the Agreement is copyrighted and may only be

   694 modified in the following manner. The Agreement Steward reserves the right to

   695 publish new versions (including revisions) of this Agreement from time to time.

   696 No one other than the Agreement Steward has the right to modify this Agreement.

   697 IBM is the initial Agreement Steward. IBM may assign the responsibility to serve

   698 as the Agreement Steward to a suitable separate entity. Each new version of the

   699 Agreement will be given a distinguishing version number. The Program (including

   700 Contributions) may always be distributed subject to the version of the Agreement

   701 under which it was received. In addition, after a new version of the Agreement

   702 is published, Contributor may elect to distribute the Program (including its

   703 Contributions) under the new version. Except as expressly stated in Sections

   704 2(a) and 2(b) above, Recipient receives no rights or licenses to the

   705 intellectual property of any Contributor under this Agreement, whether

   706 expressly, by implication, estoppel or otherwise. All rights in the Program not

   707 expressly granted under this Agreement are reserved.

   708 

   709 This Agreement is governed by the laws of the State of New York and the

   710 intellectual property laws of the United States of America. No party to this

   711 Agreement will bring a legal action under this Agreement more than one year

   712 after the cause of action arose. Each party waives its rights to a jury trial in

   713 any resulting litigation.