4D ® WEBSTAR ® END USER LICENSE AND LIMITED WARRANTY AGREEMENT
CAREFULLY READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT PRIOR TO USING THIS PACKAGE. USE OF ANY PORTION OF THIS PACKAGE INDICATES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, YOU SHOULD PROMPTLY RETURN THIS PACKAGE BEFORE USING IT TO YOUR PLACE OF PURCHASE FOR A REFUND.
DEFINITIONS
The following definitions apply to the terms as they appear in this agreement:
• 4D means 4D, Inc. and its Licensors.
• You and Your refer to any person or entity that acquires or uses this package.
• Users refer to persons using the 4D Software
• Package means the software, manual(s), and other items accompanying this agreement.
• Software means the computer programs contained in the Package, together with all object code, techniques, software tools, formats, designs, concepts, methods, and ideas associated with these computer programs and all updates, provided to You by 4D.
PERMITTED USES
4D grants you a non-exclusive license to use the Software according to the terms set forth below. You may:
1. Install and operate the Software on only one computer at a time, except for those portions of the Software which 4D specifically gives you permission to install and/or operate on more than one computer as described in the manual(s) and/or ReadMe file which are part of the
Package. If the Software is licensed as an update or upgrade from a previous version you may use or transfer the Software only as an update or upgrade from the previous Software version on the same computer, provided that the Software was in use in accordance with the previous license agreement. Use of the Software shall be in accordance with this license, which supersedes the license for the previous version.
2. Make a reasonable number of copies of the Software solely for back up or archive purposes, which automatically become the property of 4D and shall be subject to this agreement. In any such copies, you must reproduce all copyright notices and other identifying or restrictive legends that appear on the Software as received.
3. Transfer, after providing written notification to 4D, all (but no lesser portion) of the Software and related manuals to another person or entity, who in turn will be subject to this agreement.
PROHIBITED USES
You may not:
1. Modify the Software. Any modified or merged portion of the Software is subject to this agreement.
2. Reverse-engineer, disassemble, decompile, or make any attempt to discover the source code to the Software.
3. Translate or create derivative works based on the Software.
4. Remove, obscure, or alter any copyright notice or other proprietary rights related to the Software or Package including manuals.
5. Share, sublicense, sell, lease rent, transfer or grant any kind of rights regarding the Software or any portions thereof in any form to any third party, without 4D's prior written consent, which, if given, is subject to the conferee's consent to the terms and conditions of this Agreement.
6. Copy any portion of the Software, except as described above under
Permitted Uses.
7. Operate the Software with more Users than are allowed by the Keys supplied with this Software and/or other products licensed from 4D. If you plan to have more than this number of Users, you will need to license additional copies of the Package or license a different 4D product. Contact 4D or the place where you purchased the Package if you want information on site licenses or other 4D products.
8. Transfer the Software or any direct product to any person or entity in violation of the United States Export Administration Act.
The Software involves valuable proprietary rights of 4D and others. 4D retains title to and ownership of the Software and all copyright, trade secret, trade name, trademark, and other property rights related to the
Software, regardless of the form that the original or other copies exist in. You may not violate these rights, and you must take appropriate steps to protect 4D's rights. 4D may at any time replace, modify, alter, improve, enhance, or change the Software but has no obligation to do so.
Both the license and your right to use the Software terminate automatically if you violate any part of this agreement. In the event of termination, you must immediately destroy all copies of the Software or return them to 4D.
EXPORT CONTROLS
None of the Software or underlying information or technology may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Yugoslavia, North Korea,
Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Deny
Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In addition, if the licensed Software is identified as a not-for-export product (for example, on the box, media or in the installation process), then the following applies: EXCEPT FOR EXPORT TO CANADA FOR USE IN CANADA BY CANADIAN CITIZENS, THE SOFTWARE AND ANY UNDERLYING TECHNOLOGY MAY NOT BE EXPORTED OUTSIDE THE UNITED STATES OR TO ANY FOREIGN ENTITY OR "FOREIGN PERSON" AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION, ANYONE WHO IS NOT A CITIZEN, NATIONAL OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES. BY DOWNLOADING OR USING THE SOFTWARE, YOU ARE AGREEING TO THE FOREGOING AND YOU ARE WARRANTING THAT YOU ARE NOT A "FOREIGN PERSON" OR UNDER THE CONTROL OF A FOREIGN PERSON.
LIMITED WARRANTY
4D warrants that, upon delivery by 4D, the media (CD-ROMs and/or diskettes) on which the Software program is distributed will be free from defects in materials and workmanship and that the software will substantially conform to the specifications established by 4D. 4D does not warrant that the Software is free from all bugs, errors, and omissions.
If any of the Software fails to comply with the warranties set forth above, 4D will replace the media or, at 4D's option, make a reasonable effort to correct the program errors. To receive any such replacement Software, you must return all copies of the Software, along with a copy of your paid invoice, to your place of purchase within 90 days of the date you received the Software. If 4D is unable to correct defective media or program errors, 4D will refund all or a fair portion of the price you paid for the Package. The refund will fully satisfy your claims for software or disk failure. This limited warranty shall continue for any replacement software for the rest of the original
90-day warranty period or for 30 days from the date you receive the replacement, whichever is longer.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, 4D MAKES NO WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
REGARDING THE SOFTWARE. 4D DOES NOT WARRANT, GUARANTEE OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT AS SPECIFICALLY SET FORTH ABOVE, 4D AND ITS DIRECTORS, OFFICERS,
SUPPLIERS, DISTRIBUTORS AND DEALERS (COLLECTIVELY 4D) WILL IN NO EVENT
BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES
(INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS INFROMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF 4D HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4D's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to the purchase price you paid for the Product.
4D'S LICENSOR(S) MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SOFTWARE. 4D'S LICENSOR(S) DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. THE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY SOME JURISDICTIONS. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL 4D'S LICENSOR(S), AND THEIR DIRECTORS, OFFICERS,
EMPLOYEES OR AGENTS (COLLECTIVELY 4D'S LICENSOR) BE LIABLE TO YOU FOR
ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTIONS, LOSS OF BUSINESS
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE
THE SOFTWARE EVEN IF 4D'S LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
4D's Licensor's liability to you for actual damages for any cause whatsoever, and regardless of the form of the action (whether in contract, tort (including negligence), product liability or otherwise), will be limited to $50.
YEAR 2000 READINESS DISCLOSURE
STATEMENT ON THE YEAR 2000 AND WEBSTAR SERVER SUITE 4.3 FOR MAC OS
The information contained in this notice regarding 4D's products and services are hereby designated as "Year 2000 Readiness Disclosures" under the Year 2000 Information and Readiness Disclosure Act of 1998.
The contents of this Year 2000 Readiness Disclosure are subject to the Year 2000 Information Readiness Disclosure Act (112 stat. 2386). In the case of a dispute, the Year 2000 Information Readiness Disclosure Act may reduce your legal rights regarding the use of any such statements, unless otherwise specified by a contract with 4D, or by tariff.
This Year 2000 Readiness Disclosure shall not be interpreted or construed as an amendment to or alteration of a contract or warranty.
4D's obligations and responsibilities regarding 4D products and services are governed solely by the agreements under which they are licensed or sold.
NO WARRANTY IS EXPRESS OR IMPLIED OTHER THAN IS INCLUDED IN THE SOFTWARE LICENSE AND LIMITED WARRANTY WHICH ACCOMPANIED THE PRODUCT.
YEAR 2000 READINESS DISCLOSURE FOR WEBSTAR SERVER SUITE 4.0 FOR MAC OS
With the WebSTAR Server Suite 4.0 upgrade, all issues known to 4D as of
March 1, 1999, directly related to the operation of WebSTAR Server Suite in the Year 2000 have been resolved. We believe that WebSTAR Server Suite does operate properly in the year 2000 and in the years immediately following 2000, with the currently available Apple Macintosh system software; Mac OS 8.1, Mac OS 8.5 and 8.5.1.
OTHER INFORMATION REGARDING THE YEAR 2000
WebSTAR Server Suite 4.0 uses the Mac OS System Toolbox functions for obtaining date information. According to Apple Computer, Inc., the date function in Mac OS 8.1, Mac OS 8.5 and 8.5.1 are Year 2000 compliant.
Please see the information provided by Apple Computer, Inc. regarding official verification of Year 2000 compliance for Mac OS at
http://www.apple.com/about/year2000/index.html.
GENERAL
Though 4D is not responsible for maintaining or helping you use the
Software, 4D does at its discretion offer support. To receive support, you or the person who installed the Software for you must complete and return the enclosed user Registration Card.
This agreement constitutes the entire agreement and supersedes any prior agreement between 4D and you concerning the contents of the Package. 4D is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless an authorized corporate officer of 4D specifically agrees to the provision in writing and the writing includes the officer's signature. Any written or oral information or advice given by 4D dealers, distributors, agents, or employees will in no way increase the scope of this warranty. Nor may you rely on any such oral or written communication. This agreement cannot be amended, modified, or waived, unless the change is written and signed by an authorized corporate officer of 4D.
SUPPORT
Upon registration of your software you are entitled to 12 months or 12 incidents (whichever comes first) of technical support. An incident is considered a single thread covering a single technical issue.
Technical support cases should be submitted online at:
• Our website: <http://www.support.webstar.com/>
Other ways to receive technical support:
• Telephone: (408) 557-4600
For US and Canada only (except Quebec). For other countries, please contact your local 4D distributor <http://www.4d.com/world/>.
Some charges may apply for telephone support.
• US Mail: 4D, Inc. ATTN: WebSTAR Support
3031 Tisch Way, Suite 900, San Jose, CA 95128, USA
For US and Canada only (except Quebec). For other countries, please contact your local 4D distributor <http://www.4d.com/world/>.
Additional Support Resource:
• WebSTAR mail discussion list:
Sign up at <http://www.webstar.com/support/mailinglist.html>
SOFTWARE RETURN POLICY
Software purchased from 4D, Inc. and not installed will be eligible for refund if returned with-in 30 days of purchase.
To inquire about where you can purchase this product please contact us at:
4D, Inc.
3031 Tisch Way, Suite 900
San Jose, CA 95128 USA
Tel: 408-557-4600
Fax: 510-557-4660
Internet: info@4d.com
TRADEMARKS
4D, StarNine, and WebSTAR are registered trademarks of 4D, Inc. All other trade names referenced are the service mark, trademark or registered trademark of the respective manufacturer.
SUN MICROSYSTEMS COPYRIGHT AND LICENSE INFORMATION
JAVA(tm) web development products are owned and licensed exclusively by
"JAVA-Compatible" Logo are based upon Sun's JAVA and technology, and are compatible with the API's for such technology.
Sun grants to you ("Licensee") a non-exclusive, non-transferable license to use the Java binary code version (hereafter, "Binary Software") without fee. Licensee may distribute the Binary Software to third parties provided that the copyright notice and this statement appear on all copies. Licensee agrees that the copyright notice and this statement will appear on all copies of the software, packaging, and documentation or portions thereof.
In the event Licensee creates additional classes or otherwise extends the Applet Application Programming Interface (AAPI), licensee will publish the specifications for such extensions to the AAPI for use by third party developers of Java-based software, in connection with licensee's commercial distribution of the Binary Software.
SUN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE
BINARY SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUN SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE BINARY SOFTWARE OR ITS DERIVATIVES.
By downloading, using or copying this Binary Software, Licensee agrees to abide by the intellectual property laws, and all other applicable laws of the U.S., and the terms of this License. Ownership of the software shall remain solely in Sun Microsystems, Inc.
Sun shall have the right to terminate this license immediately by written notice upon Licensee's breach of, or non-compliance with, any of its terms. Licensee shall be liable for any infringement or damages resulting from Licensee's failure to abide by the terms of this License.
The JDK 1.0.2 binary release is based in part on the work of the Independent JPEG Group.
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE
EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901
San Antonio Road, Palo Alto, California 94303
JAVATM DEVELOPMENT OPTIONAL PACKAGES
JAVATM SECURE SOCKET EXTENSION, VERSION 1.0.2
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplement") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. License to Distribute. Sun grants you a non-exclusive, non-transferable, royalty-free, limited license to (a) use the binary form of the Software for the sole purpose of designing, developing and testing your JavaTM applets and applications intended to run on a compatible Java environment (the "Programs"), provided that the Programs add significant and primary functionality to the Software, and (b) reproduce and distribute the binary form of the Software through multiple tiers of distribution provided that you: (i) distribute the Software complete and unmodified; (ii) do not distribute additional software intended to supersede any component(s) of the Software;(iii) do not remove or alter any proprietary legends or notices contained in or on the Software; and (iv) only distribute the Software pursuant to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and provides that Sun is a third party beneficiary to such license agreement. If you distribute the Software pursuant to this paragraph, you must include the following statement as part of product documentation (whether hard copy or electronic), as a part of a copyright page or proprietary rights notice page, in an "About" box or in any other form reasonably designed to make the statement visible to users of the Software: "This product includes code licensed from RSA Data Security".
2. Requirements. In exchange for the licenses granted in Paragraph 1 above, you agree:
a. not to create, or authorize your licensees to create, additional classes, interfaces or subpackages that are contained in the "java," "javax" or "sun" packages, or similarly named package, as specified by Sun in any naming convention;
b. that, in the event that you create an API(s) which: (i) extends the functionality of a Java platform; and (ii) is distributed to third party software developers for the purpose of developing software which invokes such additional API, you must promptly and broadly publish an accurate specification for such API for free use by all developers; and
c. to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Java Marks inures to Sun's benefit.
4. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement.
JAVA(TM) INTERFACE CLASSES
JAVA API FOR XML PROCESSING (JAXP), VERSION 1.1
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or modify the terms of the Binary Code License Agreement (collectively, the "Agreement"). Capitalized terms not defined in these Supplemental
Terms shall have the same meanings ascribed to them in the Agreement.
These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software.
1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to Section 3 (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce internally and use internally the binary form of the Software, complete and unmodified, for the sole purpose of designing, developing and testing your Java applets and applications
("Programs").
2. License to Distribute Software. In addition to the license granted in Section 1 (Software Internal Use and Development License Grant) of these Supplemental Terms, subject to the terms and conditions of this
Agreement, including but not limited to Section 3 (Java Technology
Restrictions), Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary form, provided that you (i) distribute the Software complete and unmodified and only bundled as part of your Programs, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform
Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating
additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of the Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE, STARPORTAL and iPLANET-related trademarks, service marks,logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.
5. Source Code. Software may contain source code that is provided for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement. Portions of this download are governed by the Apache Source Code License and are identified in the Read me file. A copy of the Apache License is supplied with the Apache Source Code.
6. Termination for Infringement. Either party may terminate this
Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road,Palo Alto, California 94303(Form last modified 11-03-2000.)
APACHE SOFTWARE LICENSE, Version 1.1
Copyright (c) 1999 The Apache Software Foundation. All rights
reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution,
if any, must include the following acknowledgment:
"This product includes software developed by the
Apache Software Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself,
if and wherever such third-party acknowledgments normally appear.
4. The names "Xalan" and "Apache Software Foundation" must
not be used to endorse or promote products derived from this
software without prior written permission. For written
permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache",
nor may "Apache" appear in their name, without prior written
permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met:
1. Redistribution's of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistribution's in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact
openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.
6. Redistribution's of any form whatsoever must retain the following acknowledgment:
"This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
XPRESSED 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 OpenSSL PROJECT OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young
(eay@cryptsoft.com). This product includes software written by Tim
This package contains an SSL implementation written by Eric Young
(eay@cryptsoft.com). The implementation was written so as to conform with Netscape's SSL. Redistribution and use of Eric Young's SSL implementation is permitted as long as the following conditions are met:
1. Redistribution's of source code must retain the copyright notice,
this list of conditions and the following disclaimer.
2. Redistribution's in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word 'cryptographic' can be left out if the routines from the library being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR
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Technology, Institut National de Recherche en Informatique et en
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EXPAT COPYRIGHT NOTICE
Copyright (c) 1998, 1999, 2000 Thai Open Source Software Center Ltd
and Clark Cooper
Permission is hereby granted, free of charge, to any person obtaining
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