net45/open_source_licenses.txt
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open_source_licenses.txt
VMware PowerCLI 10.0 GA ====================================================================== The following copyright statements and licenses apply to various open source software packages (or portions thereof) that are distributed with this VMware Product. The VMware Product may also include other VMware components, which may contain additional open source software packages. One or more such open_source_licenses.txt files may therefore accompany this VMware Product. The VMware Product that includes this file does not necessarily use all the open source software packages referred to below and may also only use portions of a given package. =============== TABLE OF CONTENTS ============================= The following is a listing of the open source components detailed in this document. This list is provided for your convenience; please read further if you wish to review the copyright notice(s) and the full text of the license associated with each component. SECTION 1: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES >>> dotnet-wcf-2.0.0 >>> newtonsoft.json-10.0.3 >>> sharpziplib-0.86.0 >>> sharpziplib-1.0.0 SECTION 2: Apache License, V2.0 >>> common.logging.log4net-2.0.0.0 >>> spring.net-rest-client-1.1.1 APPENDIX. Standard License Files >>> Apache License, V2.0 >>> Creative Commons Attribution 2.5 >>> Common Public License, V1.0 >>> GNU Free Documentation License V1.3 --------------- SECTION 1: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES ---------- BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES are applicable to the following component(s). >>> dotnet-wcf-2.0.0 The MIT License (MIT) Copyright (c) .NET Foundation and Contributors All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. ADDITIONAL LICENSE INFORMATION : wcf-2.0.0.tar.gz\wcf-2.0.0.tar\wcf-2.0.0\THIRD-PARTY-NOTICES.TXT .NET Core uses third-party libraries or other resources that may be distributed under licenses different than the .NET Core software. Attributions and license notices for test cases originally authored by third parties can be found in the respective test directories. In the event that we accidentally failed to list a required notice, please bring it to our attention. Post an issue or email us: dotnet@microsoft.com The attached notices are provided for information only. License notice for Bouncy Castle -------------------------------- Bouncy Castle C# Crypto Library v1.7.4137.9688 Copyright (c) 2000-2014 The Legion of the Bouncy Castle Inc. (http://www.bouncycastle.org) Provided for Informational Purposes Only MIT License Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the Software), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. License notice for .NET Foundation and Contributors (CoreFX) ------------------------------------------------------------ The MIT License (MIT) Copyright (c) .NET Foundation and Contributors Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. >>> newtonsoft.json-10.0.3 The MIT License (MIT) Copyright (c) 2007 James Newton-King Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. >>> sharpziplib-0.86.0 Copyright © 2000-2016 SharpZipLib Contributors Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. ADDITIONAL LICENSE INFORMATION: > GFDL 1.3 SharpZipLib-master.zip\SharpZipLib-master\Documentation\future\tar_15.html This manual is for GNU tar (version 1.28, 22 July 2014), which creates and extracts files from archives. Copyright C 1992, 1994-1997, 1999-2001, 2003-2013 Free Software Foundation, Inc. Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with the Invariant Sections being "GNU General Public License", with the Front-Cover Texts being "A GNU Manual", and with the Back-Cover Texts as in (a) below. A copy of the license is included in the section entitled "GNU Free Documentation License". > BSD SharpZipLib-master.zip\SharpZipLib-master\ICSharpCode.SharpZipLib.Samples\cs\Cmd_BZip2\Cmd_BZip2.cs SharpZipLib samples Copyright © 2000-2016 AlphaSierraPapa for the SharpZipLib Team 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 the SharpDevelop team 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. >>> sharpziplib-1.0.0 Copyright © 2000-2016 SharpZipLib Contributors Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies 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 in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 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 IN THE SOFTWARE. ADDITIONAL LICENSE INFORMATION : > MIT Style SharpZipLib-master.zip\SharpZipLib-master\docs\future\README.md DISCLAIMER: THIS MATERIAL IS PROVIDED "AS IS". I verify the information contained in this list to the best of my ability, but I cannot be held responsible for any problems caused by use or misuse of the information, especially for those file formats foreign to the PC, like AMIGA or SUN file formats. If an information it is marked "guesswork" or undocumented, you should check it carefully to make sure your program will not break with an unexpected value (and please let me know whether or not it works the same way). > MIT Style SharpZipLib-master.zip\SharpZipLib-master\docs\future\ARCHIVES.TXT (C) 1989 Raymond Clay Permission to freely distribute and modify is granted so long as credit is given and all of the text through the disclaimer is retained and unchanged. --------------- SECTION 2: Apache License, V2.0 ---------- Apache License, V2.0 is applicable to the following component(s). >>> common.logging.log4net-2.0.0.0 Copyright 2002-2009 the original author or authors. Licensed under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0 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. See the License for the specific language governing permissions and limitations under the License. >>> spring.net-rest-client-1.1.1 Licensed to the Apache Software Foundation (ASF) under one or more contributor license agreements. See the NOTICE file distributed with this work for additional information regarding copyright ownership. The ASF licenses this file to You under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0 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. See the License for the specific language governing permissions and limitations under the License. avalon-framework-4.2.0.jar batik-all-1.7.jar commons-io-1.3.1.jar xercesImpl-2.7.1.jar xml-apis-1.3.04.jar xml-apis-ext-1.3.04.jar xmlgraphics-commons-1.3.1.jar ADDITIONAL LICENSE INFORMATION: >MIT spring-net-rest-1.1.1.GA\doc\ reference\lib\docbook-xsl-snapshot\highlighting\ xslthl-config.xml Copyright (C) 2005-2008 Michal Molhanec, Jirka Kosek, Michiel Hendriks 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. Michal Molhanec <mol1111 at users.sourceforge.net> Jirka Kosek <kosek at users.sourceforge.net> Michiel Hendriks <elmuerte at users.sourceforge.net> xml-apis-1.3.04.jar >Apache 1.1 spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\build\fop.jar\ org\apache\fop\render\awt\viewer\resources\Viewer_cs.properties Copyright (C) The Apache Software Foundation. All rights reserved. ------------------------------------------------------------------------- This software is published under the terms of the Apache Software License version 1.1, a copy of which has been included with this distribution in the LICENSE file. xalan-2.7.0.jar xml-apis-1.3.04.jar >Creative Commons Attribution 2.5 spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\batik-all-1.7.jar\org\apache\batik\apps\svgbrowser\resources\ README.icons.txt All of these image files are licensed under the Creative Commons Attribution Share-Alike 2.5 License (http://creativecommons.org/licenses/by-sa/2.5/), which is in the LICENSE.icons.txt file. >MIT spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\batik-all-1.7.jar\org\apache\batik\dom\svg\resources\svg-animation.mod This is SVG, a language for describing two-dimensional graphics in XML. Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. Revision: $Id: svg-animation.mod 201058 2002-11-13 09:51:12Z vhardy $ This DTD module is identified by the PUBLIC and SYSTEM identifiers: PUBLIC "-//W3C//ELEMENTS SVG 1.1 Animation//EN" SYSTEM http://www.w3.org/Graphics/SVG/1.1/DTD/svg-animation.mod xml-apis-1.3.04.jar >Various FOSS Licenses spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\README.txt Information on Apache FOP dependencies ========================================= The Apache Licenses can also be found here: http://www.apache.org/licenses/ Normal Dependencies ---------------------- - Apache Jakarta Commons IO commons-io-.jar http://jakarta.apache.org/commons/io/ (I/O routines) Apache License v2.0 - Apache Jakarta Commons Logging commons-logging-.jar http://jakarta.apache.org/commons/logging/ (Logging adapter for various logging backends like JDK 1.4 logging or Log4J) Apache License v2.0 - Apache Avalon Framework avalon-framework-.jar http://excalibur.apache.org/framework/ (Avalon Framework, maintained by the Apache Excalibur project) Apache License v2.0 - Apache XML Graphics Commons xmlgraphics-commons-.jar http://xmlgraphics.apache.org/ (Common Library for Apache Batik and Apache FOP) Apache License v2.0 - Apache Batik batik-.jar http://xmlgraphics.apache.org/batik/ (SVG Implementation) Apache License v2.0 - Apache XML Commons Externals (JAXP API) xml-apis.jar http://xml.apache.org/commons/components/external/ (the JAXP API, plus SAX and various W3C DOM Java bindings, maintained in XML Commons Externals) Apache License v2.0 (applies to the distribution) SAX is in the public domain http://www.saxproject.org/copying.html W3C Software Notice and License (applies to the various DOM Java bindings) W3C Document License (applies to the DOM documentation) http://www.w3.org/Consortium/Legal/copyright-software http://www.w3.org/Consortium/Legal/copyright-documents http://www.w3.org/Consortium/Legal/ xml-apis-ext-.jar http://xml.apache.org/commons/components/external/ (additional DOM APIs from W3C, like SVG, SMIL and Simple API for CSS) Apache License v2.0 (applies to the distribution) W3C Software Notice and License (applies to the various DOM Java bindings) W3C Document License (applies to the DOM documentation) http://www.w3.org/Consortium/Legal/copyright-software http://www.w3.org/Consortium/Legal/copyright-documents http://www.w3.org/Consortium/Legal/ - Apache Xalan-J xalan-.jar and serializer-.jar http://xalan.apache.org (JAXP-compliant XSLT and XPath implementation) Apache License v2.0 (applies to Xalan-J) Apache License v1.1 (applies to Apache BCEL and Apache REGEXP bundled in the JAR) Historical Permission Notice and Disclaimer (applies to CUP Parser Generator) http://www.opensource.org/licenses/historical.php (see xalan.runtime.LICENSE.txt) Special Dependencies ----------------------- - Apache Xerces-J xercesImpl-.jar http://xerces.apache.org (JAXP-compliant XML parser and DOM Level 3 implementation) Apache License v2.0 Xerces-J is not directly referenced by FOP or any of its dependencies. A note on JAXP ----------------------- Since Java 1.4, JAXP (Java API for XML Processing) is part of the JRE/JDK. Every JVM includes the APIs and an implementation. However, older JREs often contain implementations with bugs that are triggered by code in Apache FOP and therefore need to be overridden. Now, since JAXP is part of the class library, special precautions are necessary to replace the original implementations. This is not done by simply adding new JARs to the classpath as these classes would never be loaded (due to Java's class loader hierarchy). Replacing the default implementations involves understanding the "Endorsed Standards Override Mechanism". More information can be found here: http://java.sun.com/j2se/1.4.2/docs/guide/standards/index.html See also: http://xml.apache.org/xalan-j/faq.htmlfaq-N100EF Essentially, you have two different possibilities: - add the replacement JARs in the jre/lib/endorsed directory of your JRE. - Use the -Xbootclasspath/p: option when starting the JVM (may not be available for every JVM). Optional Dependencies ------------------------ The following libraries are not bundled with FOP and must be installed manually. Please make sure you've read the license of each package. - JAI Image I/O Tools https://jai-imageio.dev.java.net/ BSD license Note: This is not the same as JAI! Only the ImageIO-compatible codecs are packaged as "Image I/O Tools". The name may be misleading. - JAI (Java Advanced Imaging API) http://java.sun.com/products/java-media/jai Java Research License and Java Distribution License (Check which one applies to you!) Currently used for: - Grayscale error diffusion dithering in the PCL Renderer - JEuclid (MathML implementation, for the MathML extension) http://jeuclid.sourceforge.net/ http://sourceforge.net/projects/jeuclid Apache License v1.1 Additional development-time dependencies ------------------------------------------- - Servlet API servlet-.jar http://jakarta.apache.org/tomcat/ (Servlet API, javax.servlet) Apache License v1.1 - Apache Ant (not bundled, requires pre-installation) http://ant.apache.org (XML-based build system Apache License V2.0 - JUnit (not bundled, provided by Apache Ant or your IDE) http://www.junit.org Common Public License V1.0 - XMLUnit (optional) (not bundled, to be added to your Apache Ant installation) http://xmlunit.sourceforge.net/ BSD style license >Public Domain spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\xml-apis-1.3.04.jar\license\LICENSE.sax.txt xml-commons/java/external/LICENSE.sax.txt $Id: LICENSE.sax.txt 225954 2002-01-31 23:26:48Z curcuru $ This license came from: http://www.megginson.com/SAX/copying.html However please note future versions of SAX may be covered under http://saxproject.org/?selected=pd This page is now out of date -- see the new SAX site at http://www.saxproject.org/ for more up-to-date releases and other information. Please change your bookmarks. SAX2 is Free! 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 >MIT-Style spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\xmlgraphics-commons-1.3.1.jar\org\apache\xmlgraphics\fonts\glyphlist.txt Copyright (c) 1997,1998,2002,2007 Adobe Systems Incorporated Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file to use, copy, publish, distribute, sublicense, and/or sell copies of the documentation, and to permit others to do the same, provided that: - No modification, editing or other alteration of this document is allowed; and - The above copyright notice and this permission notice shall be included in all copies of the documentation. Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file, to create their own derivative works from the content of this document to use, copy, publish, distribute, sublicense, and/or sell the derivative works, and to permit others to do the same, provided that the derived work is not represented as being a copy or version of this document. Adobe shall not be liable to any party for any loss of revenue or profit or for indirect, incidental, special, consequential, or other similar damages, whether based on tort (including without limitation negligence or strict liability), contract or other legal or equitable grounds even if Adobe has been advised or had reason to know of the possibility of such damages.Ê The Adobe materials are provided on an "AS IS" basis.Ê Adobe specifically disclaims all express, statutory, or implied warranties relating to the Adobe materials, including but not limited to those concerning merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding the Adobe materials. >GPL 2.0 [VMWARE DOES NOT DISTRIBUTE THE "tools\NAnt" SUBPACKAGE.] spring-net-rest-1.1.1.GA\ tools\NAnt\ COPYING.txt LICENSE: GPL 2.0 > KIWINOVA LTD PERSONAL LICENCE [VMWARE DOES NOT DISTRIBUTE THE "tools\NCoverExplorer" SUBPACKAGE. THE LICENSE TERMS ARE SET FORTH BELOW SOLELY FOR REFERENCE.] spring-net-rest-1.1.1.GA\tools\ NCoverExplorer\ LicencePersonal.rtf KIWINOVA LTD PERSONAL LICENCE AND SUPPORT AGREEMENT NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I ACCEPT” AND/OR BY DOWNLOADING AND/OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU (“LICENSEE”) ACCEPT THE FOLLOWING TERMS FROM KIWINOVA LTD OF 24 AEGEAN APARTMENTS, 19 WESTERN GATEWAY, LONDON E16 1AR (“KIWINOVA”). YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT CLICK “I ACCEPT” AND DO NOT DOWNLOAD OR USE THE SOFTWARE. 1. DEFINITIONS 1.1 “Agreement” means this Licence and Support Agreement. 1.2 “Documentation” means the electronic user information supplied with the Software. 1.3 “Effective Date” means the date on which the Licensee accepts this Agreement. 1.4 “Minimum Requirements” means a minimum technical specification of the PC or laptop on which the Software is used which is required to enable the Software to function, as set out in the Documentation. 1.5 “Software” means the object code form of the personal version of the software product entitled Testdriven.net. 2. GRANT OF RIGHTS; RESTRICTIONS 2.1 Subject to all the terms and conditions of this Agreement, KiwiNova hereby grants Licensee a perpetual, worldwide, nonexclusive, nontransferable licence to install and use the Software on one PC or laptop for Licensee’s own use only. This licence is in respect of use of the Software by the Licensee only and no subsidiaries or holding company of the Licensee may use the Software. 2.2 Except as expressly permitted in this Agreement, Licensee shall not, and shall not permit others to: (i) modify, translate, create derivative copies of or copy the Software (other than one backup copy which reproduces all proprietary notices), in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Software or Licensee’s right to use the Software; (iv) remove or modify any copyright, trademark, or other proprietary notices of KiwiNova affixed to the media containing the Software or contained within the Software; or (v) use the Software in any manner not expressly authorised by this Agreement. 3 PROPRIETARY RIGHTS 4.1 KiwiNova has sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. This Agreement conveys a limited licence to use the Software and shall not be construed to convey title to or ownership of the Software to Licensee. All rights in and to the Software not expressly granted to Licensee are reserved by KiwiNova. 4.2 For the avoidance of doubt, the Software does not include: 4.2.1 Actipro Software which is provided by http://actiprosoftware.com/ on the terms and conditions set out at: ActiproEULA.html 4.2.4 CommandBars which is distributed with permission from Lutz Roeder <roeder@aisto.com> 4 TERM AND TERMINATION 4.1 This Agreement shall commence on the Effective Date and continue in effect for consecutive annual periods, unless and until terminated in accordance with clause 4.2, or unless terminated by Mutant on the provision of not less than thirty (30) days notice to the Licensee, such notice to be provided to the Licensee via KiwiNova’s website. 4.2 If either party breaches this Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party’s receipt of such notice, this Agreement shall terminate without any further notice required (but no cure period is required for any breach that cannot be cured). 4.3 Upon any termination of this Agreement, (a) the rights and licences granted to Licensee herein shall terminate; (b) Licensee shall cease all use of the Software; (c) Licensee shall delete all copies of the Software and Documentation in Licensee’s possession or under its control; and (d) Licensee shall certify in writing to KiwiNova its compliance with the foregoing. Clauses 1, 2.2, 3, 4.3, 5, 6 and 7 shall survive any termination of this Agreement. 5 REPRESENTATIONS AND WARRANTIES 5.1 LICENSEE ACKNOWLEDGES AND AGREES THAT KIWINOVA HAS PROVIDED NO EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN, TO LICENSEE REGARDING THE SOFTWARE OR DOCUMENTATION AND THAT THEY ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW KIWINOVA HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE AND DOCUMENTATION, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USE OF TRADE. 5.2 The Licensee hereby represents that it shall (i) comply with all applicable local and foreign laws and regulations which may govern the use of the Software, and (ii) use the Software only for lawful purposes and in accordance with the terms of this Agreement. 6 LIMITATION OF LIABILITY/INDEMNITY 6.1 SAVE IN RESPECT OF DEATH OR PERSONAL INJURY, FOR WHICH THE LIABILITY OF THE PARTIES SHALL BE UNLIMITED, IN NO EVENT SHALL KIWINOVA BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS AND GOODWILL, BUSINESS OR BUSINESS BENEFIT, OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY LICENSEE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCES SHALL KIWINOVA BE LIABLE FOR ANY FAILURE OF THE SOFTWARE TO PERFORM IN ACCORDANCE WITH THE DOCUMENTATION, OR AT ALL, RESULTING FROM A FAILURE BY THE LICENSEE TO COMPLY WITH THE MINIMUM REQUIREMENTS. ADDITIONALLY, LICENSEE ACKNOWLEDGES THAT WHILST THE SOFTWARE MAY BE USED IN COMBINATION WITH THIRD PARTY SOFTWARE, KIWINOVA BEARS NO LIABILITY, HOWSOEVER ARISING, FOR ANY LOSS, DAMAGE OR COST THAT ARISES FROM A FAILURE OF THE SOFTWARE TO INTEGRATE WITH LICENSEE OR THIRD PARTY SOFTWARE. 8.3 LICENSEE HEREBY INDEMNIFIES KIWINOVA IN FULL AND ON DEMAND IN RESPECT OF ALL COSTS, DAMAGES AND LIABILITIES ARISING FROM ANY BREACH BY THE LICENSEE OF ANY TERM OF THIS AGREEMENT. 7 GENERAL 7.1 Licensee shall not assign this Agreement, in whole or in part, without the written consent of KiwiNova. 7.2 Licensee consents to the use by KiwiNova of Licensee’s name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between Licensee and KiwiNova. 7.3 This Agreement and its performance shall be governed by and construed in accordance with and the parties hereby submit to the exclusive jurisdiction of the laws of England and Wales. 7.4 Licensee agrees that because of the unique nature of the Software and KiwiNova’s proprietary rights therein, a demonstrated breach of this Agreement by Licensee would irreparably harm KiwiNova and monetary damages would be inadequate compensation. Therefore, Licensee agrees that KiwiNova shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. 7.5 If any provision of this Agreement or the Software thereof is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision. 7.6 Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party’s right thereafter to enforce each and every term and condition of this Agreement. 7.7 Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed. 7.8 This Agreement (i) constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof, and (ii) cannot be altered except by agreement in writing executed by an authorised representative of each party. No purchase order and/or standard terms of purchase provided by Licensee shall supersede this Agreement. 7.9 Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against KiwiNova and such third parties shall not be entitled to enforce any term of this Agreement against KiwiNova.. If you have any questions regarding this Licence and Support Agreement or if you wish to discuss the terms and conditions contained herein please contact KiwiNova Ltd using the contact details at http://www.kiwidude.com or at 24 Aegean Apartments, 19 Western Gateway, London E16 1AR. =============== APPENDIX. Standard License Files ============== --------------- SECTION 1: Apache License, V2.0 ----------- 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 exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, 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 copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty- free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: a. You must give any other recipients of the Work or Derivative Works a copy of this License; and b. You must cause any modified files to carry prominent notices stating that You changed the files; and c. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and d. 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You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. 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In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS --------------- SECTION 2: Creative Commons Attribution 2.5 ----------- CREATIVE COMMONS CORPORATION IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL SERVICES. DISTRIBUTION OF THIS LICENSE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. CREATIVE COMMONS PROVIDES THIS INFORMATION ON AN "AS-IS" BASIS. CREATIVE COMMONS MAKES NO WARRANTIES REGARDING THE INFORMATION PROVIDED, AND DISCLAIMS LIABILITY FOR DAMAGES RESULTING FROM ITS USE. License THE WORK (AS DEFINED BELOW) IS PROVIDED UNDER THE TERMS OF THIS CREATIVE COMMONS PUBLIC LICENSE ("CCPL" OR "LICENSE"). THE WORK IS PROTECTED BY COPYRIGHT AND/OR OTHER APPLICABLE LAW. ANY USE OF THE WORK OTHER THAN AS AUTHORIZED UNDER THIS LICENSE OR COPYRIGHT LAW IS PROHIBITED. BY EXERCISING ANY RIGHTS TO THE WORK PROVIDED HERE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE. THE LICENSOR GRANTS YOU THE RIGHTS CONTAINED HERE IN CONSIDERATION OF YOUR ACCEPTANCE OF SUCH TERMS AND CONDITIONS. 1. Definitions "Collective Work" means a work, such as a periodical issue, anthology or encyclopedia, in which the Work in its entirety in unmodified form, along with a number of other contributions, constituting separate and independent works in themselves, are assembled into a collective whole. A work that constitutes a Collective Work will not be considered a Derivative Work (as defined below) for the purposes of this License. "Derivative Work" means a work based upon the Work or upon the Work and other pre-existing works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which the Work may be recast, transformed, or adapted, except that a work that constitutes a Collective Work will not be considered a Derivative Work for the purpose of this License. For the avoidance of doubt, where the Work is a musical composition or sound recording, the synchronization of the Work in timed-relation with a moving image ("synching") will be considered a Derivative Work for the purpose of this License. "Licensor" means the individual or entity that offers the Work under the terms of this License. "Original Author" means the individual or entity who created the Work. "Work" means the copyrightable work of authorship offered under the terms of this License. "You" means an individual or entity exercising rights under this License who has not previously violated the terms of this License with respect to the Work, or who has received express permission from the Licensor to exercise rights under this License despite a previous violation. 2. Fair Use Rights. Nothing in this license is intended to reduce, limit, or restrict any rights arising from fair use, first sale or other limitations on the exclusive rights of the copyright owner under copyright law or other applicable laws. 3. License Grant. Subject to the terms and conditions of this License, Licensor hereby grants You a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to exercise the rights in the Work as stated below: to reproduce the Work, to incorporate the Work into one or more Collective Works, and to reproduce the Work as incorporated in the Collective Works; to create and reproduce Derivative Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission the Work including as incorporated in Collective Works; to distribute copies or phonorecords of, display publicly, perform publicly, and perform publicly by means of a digital audio transmission Derivative Works. For the avoidance of doubt, where the work is a musical composition: Performance Royalties Under Blanket Licenses. 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For the avoidance of doubt, where the Work is a sound recording, Licensor waives the exclusive right to collect, whether individually or via a performance-rights society (e.g. SoundExchange), royalties for the public digital performance (e.g. webcast) of the Work, subject to the compulsory license created by 17 USC Section 114 of the US Copyright Act (or the equivalent in other jurisdictions). The above rights may be exercised in all media and formats whether now known or hereafter devised. The above rights include the right to make such modifications as are technically necessary to exercise the rights in other media and formats. All rights not expressly granted by Licensor are hereby reserved. 4. Restrictions.The license granted in Section 3 above is expressly made subject to and limited by the following restrictions: You may distribute, publicly display, publicly perform, or publicly digitally perform the Work only under the terms of this License, and You must include a copy of, or the Uniform Resource Identifier for, this License with every copy or phonorecord of the Work You distribute, publicly display, publicly perform, or publicly digitally perform. You may not offer or impose any terms on the Work that alter or restrict the terms of this License or the recipients' exercise of the rights granted hereunder. You may not sublicense the Work. You must keep intact all notices that refer to this License and to the disclaimer of warranties. You may not distribute, publicly display, publicly perform, or publicly digitally perform the Work with any technological measures that control access or use of the Work in a manner inconsistent with the terms of this License Agreement. The above applies to the Work as incorporated in a Collective Work, but this does not require the Collective Work apart from the Work itself to be made subject to the terms of this License. If You create a Collective Work, upon notice from any Licensor You must, to the extent practicable, remove from the Collective Work any credit as required by clause 4(b), as requested. If You create a Derivative Work, upon notice from any Licensor You must, to the extent practicable, remove from the Derivative Work any credit as required by clause 4(b), as requested. 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EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Termination This License and the rights granted hereunder will terminate automatically upon any breach by You of the terms of this License. Individuals or entities who have received Derivative Works or Collective Works from You under this License, however, will not have their licenses terminated provided such individuals or entities remain in full compliance with those licenses. Sections 1, 2, 5, 6, 7, and 8 will survive any termination of this License. Subject to the above terms and conditions, the license granted here is perpetual (for the duration of the applicable copyright in the Work). Notwithstanding the above, Licensor reserves the right to release the Work under different license terms or to stop distributing the Work at any time; provided, however that any such election will not serve to withdraw this License (or any other license that has been, or is required to be, granted under the terms of this License), and this License will continue in full force and effect unless terminated as stated above. 8. Miscellaneous Each time You distribute or publicly digitally perform the Work or a Collective Work, the Licensor offers to the recipient a license to the Work on the same terms and conditions as the license granted to You under this License. Each time You distribute or publicly digitally perform a Derivative Work, Licensor offers to the recipient a license to the original Work on the same terms and conditions as the license granted to You under this License. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, and without further action by the parties to this agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. No term or provision of this License shall be deemed waived and no breach consented to unless such waiver or consent shall be in writing and signed by the party to be charged with such waiver or consent. This License constitutes the entire agreement between the parties with respect to the Work licensed here. There are no understandings, agreements or representations with respect to the Work not specified here. Licensor shall not be bound by any additional provisions that may appear in any communication from You. This License may not be modified without the mutual written agreement of the Licensor and You. --------------- SECTION 3: Common Public License, V1.0 ----------- Common Public License Version 1.0 THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 1. DEFINITIONS "Contribution" means: a) in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and b) in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program. "Contributor" means any person or entity that distributes the Program. "Licensed Patents " mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program. "Program" means the Contributions distributed in accordance with this Agreement. "Recipient" means anyone who receives the Program under this Agreement, including all Contributors. 2. GRANT OF RIGHTS a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form. b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder. c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. 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REQUIREMENTS A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that: a) it complies with the terms and conditions of this Agreement; and b) its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange. When the Program is made available in source code form: a) it must be made available under this Agreement; and b) a copy of this Agreement must be included with each copy of the Program. Contributors may not remove or alter any copyright notices contained within the Program. Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution. 4. COMMERCIAL DISTRIBUTION Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense. For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages. 5. NO WARRANTY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. 6. DISCLAIMER OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. GENERAL If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, if Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed. All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive. Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. IBM is the initial Agreement Steward. IBM may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation. --------------- SECTION 4:GNU Free Documentation License V1.3 ----------- GNU Free Documentation License Version 1.3, 3 November 2008 Copyright (c) 2000, 2001, 2002, 2007, 2008 Free Software Foundation, Inc. <http://fsf.org/> Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. 0. PREAMBLE The purpose of this License is to make a manual, textbook, or other functional and useful document "free" in the sense of freedom: to assure everyone the effective freedom to copy and redistribute it, with or without modifying it, either commercially or noncommercially. Secondarily, this License preserves for the author and publisher a way to get credit for their work, while not being considered responsible for modifications made by others. This License is a kind of "copyleft", which means that derivative works of the document must themselves be free in the same sense. It complements the GNU General Public License, which is a copyleft license designed for free software. We have designed this License in order to use it for manuals for free software, because free software needs free documentation: a free program should come with manuals providing the same freedoms that the software does. But this License is not limited to software manuals; it can be used for any textual work, regardless of subject matter or whether it is published as a printed book. We recommend this License principally for works whose purpose is instruction or reference. 1. APPLICABILITY AND DEFINITIONS This License applies to any manual or other work, in any medium, that contains a notice placed by the copyright holder saying it can be distributed under the terms of this License. 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A "Transparent" copy of the Document means a machine-readable copy, represented in a format whose specification is available to the general public, that is suitable for revising the document straightforwardly with generic text editors or (for images composed of pixels) generic paint programs or (for drawings) some widely available drawing editor, and that is suitable for input to text formatters or for automatic translation to a variety of formats suitable for input to text formatters. A copy made in an otherwise Transparent file format whose markup, or absence of markup, has been arranged to thwart or discourage subsequent modification by readers is not Transparent. An image format is not Transparent if used for any substantial amount of text. A copy that is not "Transparent" is called "Opaque". Examples of suitable formats for Transparent copies include plain ASCII without markup, Texinfo input format, LaTeX input format, SGML or XML using a publicly available DTD, and standard-conforming simple HTML, PostScript or PDF designed for human modification. Examples of transparent image formats include PNG, XCF and JPG. Opaque formats include proprietary formats that can be read and edited only by proprietary word processors, SGML or XML for which the DTD and/or processing tools are not generally available, and the machine-generated HTML, PostScript or PDF produced by some word processors for output purposes only. The "Title Page" means, for a printed book, the title page itself, plus such following pages as are needed to hold, legibly, the material this License requires to appear in the title page. For works in formats which do not have any title page as such, "Title Page" means the text near the most prominent appearance of the work's title, preceding the beginning of the body of the text. The "publisher" means any person or entity that distributes copies of the Document to the public. A section "Entitled XYZ" means a named subunit of the Document whose title either is precisely XYZ or contains XYZ in parentheses following text that translates XYZ in another language. (Here XYZ stands for a specific section name mentioned below, such as "Acknowledgements", "Dedications", "Endorsements", or "History".) To "Preserve the Title" of such a section when you modify the Document means that it remains a section "Entitled XYZ" according to this definition. The Document may include Warranty Disclaimers next to the notice which states that this License applies to the Document. These Warranty Disclaimers are considered to be included by reference in this License, but only as regards disclaiming warranties: any other implication that these Warranty Disclaimers may have is void and has no effect on the meaning of this License. 2. VERBATIM COPYING You may copy and distribute the Document in any medium, either commercially or noncommercially, provided that this License, the copyright notices, and the license notice saying this License applies to the Document are reproduced in all copies, and that you add no other conditions whatsoever to those of this License. You may not use technical measures to obstruct or control the reading or further copying of the copies you make or distribute. However, you may accept compensation in exchange for copies. If you distribute a large enough number of copies you must also follow the conditions in section 3. You may also lend copies, under the same conditions stated above, and you may publicly display copies. 3. COPYING IN QUANTITY If you publish printed copies (or copies in media that commonly have printed covers) of the Document, numbering more than 100, and the Document's license notice requires Cover Texts, you must enclose the copies in covers that carry, clearly and legibly, all these Cover Texts: Front-Cover Texts on the front cover, and Back-Cover Texts on the back cover. Both covers must also clearly and legibly identify you as the publisher of these copies. The front cover must present the full title with all words of the title equally prominent and visible. You may add other material on the covers in addition. Copying with changes limited to the covers, as long as they preserve the title of the Document and satisfy these conditions, can be treated as verbatim copying in other respects. If the required texts for either cover are too voluminous to fit legibly, you should put the first ones listed (as many as fit reasonably) on the actual cover, and continue the rest onto adjacent pages. If you publish or distribute Opaque copies of the Document numbering more than 100, you must either include a machine-readable Transparent copy along with each Opaque copy, or state in or with each Opaque copy a computer-network location from which the general network-using public has access to download using public-standard network protocols a complete Transparent copy of the Document, free of added material. If you use the latter option, you must take reasonably prudent steps, when you begin distribution of Opaque copies in quantity, to ensure that this Transparent copy will remain thus accessible at the stated location until at least one year after the last time you distribute an Opaque copy (directly or through your agents or retailers) of that edition to the public. It is requested, but not required, that you contact the authors of the Document well before redistributing any large number of copies, to give them a chance to provide you with an updated version of the Document. 4. MODIFICATIONS You may copy and distribute a Modified Version of the Document under the conditions of sections 2 and 3 above, provided that you release the Modified Version under precisely this License, with the Modified Version filling the role of the Document, thus licensing distribution and modification of the Modified Version to whoever possesses a copy of it. In addition, you must do these things in the Modified Version: * A. Use in the Title Page (and on the covers, if any) a title distinct from that of the Document, and from those of previous versions (which should, if there were any, be listed in the History section of the Document). You may use the same title as a previous version if the original publisher of that version gives permission. * B. List on the Title Page, as authors, one or more persons or entities responsible for authorship of the modifications in the Modified Version, together with at least five of the principal authors of the Document (all of its principal authors, if it has fewer than five), unless they release you from this requirement. * C. State on the Title page the name of the publisher of the Modified Version, as the publisher. * D. Preserve all the copyright notices of the Document. * E. Add an appropriate copyright notice for your modifications adjacent to the other copyright notices. * F. Include, immediately after the copyright notices, a license notice giving the public permission to use the Modified Version under the terms of this License, in the form shown in the Addendum below. * G. Preserve in that license notice the full lists of Invariant Sections and required Cover Texts given in the Document's license notice. * H. Include an unaltered copy of this License. * I. Preserve the section Entitled "History", Preserve its Title, and add to it an item stating at least the title, year, new authors, and publisher of the Modified Version as given on the Title Page. If there is no section Entitled "History" in the Document, create one stating the title, year, authors, and publisher of the Document as given on its Title Page, then add an item describing the Modified Version as stated in the previous sentence. * J. Preserve the network location, if any, given in the Document for public access to a Transparent copy of the Document, and likewise the network locations given in the Document for previous versions it was based on. These may be placed in the "History" section. You may omit a network location for a work that was published at least four years before the Document itself, or if the original publisher of the version it refers to gives permission. * K. For any section Entitled "Acknowledgements" or "Dedications", Preserve the Title of the section, and preserve in the section all the substance and tone of each of the contributor acknowledgements and/or dedications given therein. * L. Preserve all the Invariant Sections of the Document, unaltered in their text and in their titles. Section numbers or the equivalent are not considered part of the section titles. * M. Delete any section Entitled "Endorsements". Such a section may not be included in the Modified Version. * N. Do not retitle any existing section to be Entitled "Endorsements" or to conflict in title with any Invariant Section. * O. Preserve any Warranty Disclaimers. If the Modified Version includes new front-matter sections or appendices that qualify as Secondary Sections and contain no material copied from the Document, you may at your option designate some or all of these sections as invariant. To do this, add their titles to the list of Invariant Sections in the Modified Version's license notice. These titles must be distinct from any other section titles. You may add a section Entitled "Endorsements", provided it contains nothing but endorsements of your Modified Version by various parties, for example, statements of peer review or that the text has been approved by an organization as the authoritative definition of a standard. You may add a passage of up to five words as a Front-Cover Text, and a passage of up to 25 words as a Back-Cover Text, to the end of the list of Cover Texts in the Modified Version. Only one passage of Front-Cover Text and one of Back-Cover Text may be added by (or through arrangements made by) any one entity. If the Document already includes a cover text for the same cover, previously added by you or by arrangement made by the same entity you are acting on behalf of, you may not add another; but you may replace the old one, on explicit permission from the previous publisher that added the old one. The author(s) and publisher(s) of the Document do not by this License give permission to use their names for publicity for or to assert or imply endorsement of any Modified Version. 5. COMBINING DOCUMENTS You may combine the Document with other documents released under this License, under the terms defined in section 4 above for modified versions, provided that you include in the combination all of the Invariant Sections of all of the original documents, unmodified, and list them all as Invariant Sections of your combined work in its license notice, and that you preserve all their Warranty Disclaimers. The combined work need only contain one copy of this License, and multiple identical Invariant Sections may be replaced with a single copy. If there are multiple Invariant Sections with the same name but different contents, make the title of each such section unique by adding at the end of it, in parentheses, the name of the original author or publisher of that section if known, or else a unique number. Make the same adjustment to the section titles in the list of Invariant Sections in the license notice of the combined work. In the combination, you must combine any sections Entitled "History" in the various original documents, forming one section Entitled "History"; likewise combine any sections Entitled "Acknowledgements", and any sections Entitled "Dedications". You must delete all sections Entitled "Endorsements". 6. COLLECTIONS OF DOCUMENTS You may make a collection consisting of the Document and other documents released under this License, and replace the individual copies of this License in the various documents with a single copy that is included in the collection, provided that you follow the rules of this License for verbatim copying of each of the documents in all other respects. You may extract a single document from such a collection, and distribute it individually under this License, provided you insert a copy of this License into the extracted document, and follow this License in all other respects regarding verbatim copying of that document. 7. AGGREGATION WITH INDEPENDENT WORKS A compilation of the Document or its derivatives with other separate and independent documents or works, in or on a volume of a storage or distribution medium, is called an "aggregate" if the copyright resulting from the compilation is not used to limit the legal rights of the compilation's users beyond what the individual works permit. When the Document is included in an aggregate, this License does not apply to the other works in the aggregate which are not themselves derivative works of the Document. If the Cover Text requirement of section 3 is applicable to these copies of the Document, then if the Document is less than one half of the entire aggregate, the Document's Cover Texts may be placed on covers that bracket the Document within the aggregate, or the electronic equivalent of covers if the Document is in electronic form. Otherwise they must appear on printed covers that bracket the whole aggregate. 8. TRANSLATION Translation is considered a kind of modification, so you may distribute translations of the Document under the terms of section 4. Replacing Invariant Sections with translations requires special permission from their copyright holders, but you may include translations of some or all Invariant Sections in addition to the original versions of these Invariant Sections. You may include a translation of this License, and all the license notices in the Document, and any Warranty Disclaimers, provided that you also include the original English version of this License and the original versions of those notices and disclaimers. In case of a disagreement between the translation and the original version of this License or a notice or disclaimer, the original version will prevail. If a section in the Document is Entitled "Acknowledgements", "Dedications", or "History", the requirement (section 4) to Preserve its Title (section 1) will typically require changing the actual title. 9. TERMINATION You may not copy, modify, sublicense, or distribute the Document except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, or distribute it is void, and will automatically terminate your rights under this License. However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation. Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice. Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, receipt of a copy of some or all of the same material does not give you any rights to use it. 10. FUTURE REVISIONS OF THIS LICENSE The Free Software Foundation may publish new, revised versions of the GNU Free Documentation 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. See http://www.gnu.org/copyleft/. Each version of the License is given a distinguishing version number. If the Document specifies that a particular numbered version of this License "or any later version" applies to it, you have the option of following the terms and conditions either of that specified version or of any later version that has been published (not as a draft) by the Free Software Foundation. If the Document does not specify a version number of this License, you may choose any version ever published (not as a draft) by the Free Software Foundation. If the Document specifies that a proxy can decide which future versions of this License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Document. 11. RELICENSING "Massive Multiauthor Collaboration Site" (or "MMC Site") means any World Wide Web server that publishes copyrightable works and also provides prominent facilities for anybody to edit those works. A public wiki that anybody can edit is an example of such a server. A "Massive Multiauthor Collaboration" (or "MMC") contained in the site means any set of copyrightable works thus published on the MMC site. "CC-BY-SA" means the Creative Commons Attribution-Share Alike 3.0 license published by Creative Commons Corporation, a not-for-profit corporation with a principal place of business in San Francisco, California, as well as future copyleft versions of that license published by that same organization. "Incorporate" means to publish or republish a Document, in whole or in part, as part of another Document. An MMC is "eligible for relicensing" if it is licensed under this License, and if all works that were first published under this License somewhere other than this MMC, and subsequently incorporated in whole or in part into the MMC, (1) had no cover texts or invariant sections, and (2) were thus incorporated prior to November 1, 2008. The operator of an MMC Site may republish an MMC contained in the site under CC-BY-SA on the same site at any time before August 1, 2009, provided the MMC is eligible for relicensing. ADDENDUM: How to use this License for your documents To use this License in a document you have written, include a copy of the License in the document and put the following copyright and license notices just after the title page: Copyright (C) YEAR YOUR NAME. Permission is granted to copy, distribute and/or modify this document under the terms of the GNU Free Documentation License, Version 1.3 or any later version published by the Free Software Foundation; with no Invariant Sections, no Front-Cover Texts, and no Back-Cover Texts. A copy of the license is included in the section entitled "GNU Free Documentation License". If you have Invariant Sections, Front-Cover Texts and Back-Cover Texts, replace the "with ... Texts." line with this: with the Invariant Sections being LIST THEIR TITLES, with the Front-Cover Texts being LIST, and with the Back-Cover Texts being LIST. If you have Invariant Sections without Cover Texts, or some other combination of the three, merge those two alternatives to suit the situation. If your document contains nontrivial examples of program code, we recommend releasing these examples in parallel under your choice of free software license, such as the GNU General Public License, to permit their use in free software. ====================================================================== To the extent any open source components are licensed under the GPL and/or LGPL, or other similar licenses that require the source code and/or modifications to source code to be made available (as would be noted above), you may obtain a copy of the source code corresponding to the binaries for such open source components and modifications thereto, if any, (the "Source Files"), by downloading the Source Files from VMware's website at http://www.vmware.com/download/open_source.html, or by sending a request, with your name and address to: VMware, Inc., 3401 Hillview Avenue, Palo Alto, CA 94304, United States of America. All such requests should clearly specify: OPEN SOURCE FILES REQUEST, Attention General Counsel. VMware shall mail a copy of the Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the Source Files is valid for three years from the date you acquired this Software product. Alternatively, the Source Files may accompany the VMware product. [POWERCLICOMMON100GAGG122217] |