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Red Hat Bugzilla – Attachment 318099 Details for
Bug 464820
Netbeans displays non-free EULA on startup
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NetBeans EULA text shown at startup
netbeans-eula.txt (text/plain), 75.33 KB, created by
Mark Wielaard
on 2008-09-30 17:42:00 UTC
(
hide
)
Description:
NetBeans EULA text shown at startup
Filename:
MIME Type:
Creator:
Mark Wielaard
Created:
2008-09-30 17:42:00 UTC
Size:
75.33 KB
patch
obsolete
>NETBEANS IDE 6.1 (''Product'') > >Please review the complete list of open-source licenses >governing software included in the Product. They can be >found in the THIRDPARTYLICENSE.txt file. Sun elects to use >only the GNU Lesser General Public License version 2.1 >(LGPL)/GNU General Public License version 2 (GPL) for any >software where a choice of LGPL/GPL license versions are >made available with the language indicating that >LGPLv2.1/GPLv2 or any later version may be used, or where a >choice of which version of the LGPL/GPL is applied is >unspecified. > >Please review the list of libraries and licenses provided >for use. This license file contains five distinct licenses. > >Unless specified below, the use of NetBeans IDE 6.1 and >components from the GlassFish runtime are governed by the >terms of either the GNU General Public License Version 2 >with Classpath Exception ("GPLv2 with Classpath Exception") >or the Common Development and Distribution License ("CDDL"). >The Product also contains components which are governed >exclusively by the terms of the GPLv2 with Classpath >Exception (e.g., components from OpenJDK) . > >LICENSE #1: GPLv2 with Classpath Exception. > >LICENSE #2: CDDL. > >LICENSE #3: The use of Jgo 5.1 in the SOA pack is subject to >this Software License Agreement. > >LICENSE #4: The use of Tom Sawyer 6.0 in the UML pack is >subject to this Software License Agreement. > >LICENSE #5: The use of the Sun Java Wireless Toolkit 2.5.2 >for CLDC in the Mobility pack is subject to this Software >License Agreement. > >************************************************************ > >LICENSE #1: > >The GNU General Public License (GPL) Version 2, June 1991 > >Copyright (C) 1989, 1991 Free Software Foundation, Inc. > >59 Temple Place, Suite 330, Boston, MA 02111-1307 USA > >Everyone is permitted to copy and distribute verbatim copies >of this license document, but changing it is not allowed. > >Preamble > >The licenses for most software are designed to take away >your freedom to share and change it. By contrast, the GNU >General Public License is intended to guarantee your freedom >to share and change free software--to make sure the software >is free for all its users. This General Public License >applies to most of the Free Software Foundation's software >and to any other program whose authors commit to using it. >(Some other Free Software Foundation software is covered by >the GNU Library General Public License instead.) You can >apply it to your programs, too. When we speak of free >software, we are referring to freedom, not price. Our >General Public Licenses are designed to make sure that you >have the freedom to distribute copies of free software (and >charge for this service if you wish), that you receive >source code or can get it if you want it, that you can >change the software or use pieces of it in new free >programs; and that you know you can do these things. To >protect your rights, we need to make restrictions that >forbid anyone to deny you these rights or to ask you to >surrender the rights. These restrictions translate to >certain responsibilities for you if you distribute copies of >the software, or if you modify it. > >For example, if you distribute copies of such a program, >whether gratis or for a fee, you must give the recipients >all the rights that you have. You must make sure that they, >too, receive or can get the source code. And you must show >them these terms so they know their rights. > >We protect your rights with two steps: (1) copyright the >software, and (2) offer you this license which gives you >legal permission to copy, distribute and/or modify the >software. > >Also, for each author's protection and ours, we want to make >certain that everyone understands that there is no warranty >for this free software. If the software is modified by >someone else and passed on, we want its recipients to know >that what they have is not the original, so that any >problems introduced by others will not reflect on the >original authors' reputations. > >Finally, any free program is threatened constantly by >software patents. We wish to avoid the danger that >redistributors of a free program will individually obtain >patent licenses, in effect making the program proprietary. >To prevent this, we have made it clear that any patent must >be licensed for everyone's free use or not licensed at all. > >The precise terms and conditions for copying, distribution >and modification follow. TERMS AND CONDITIONS FOR COPYING, >DISTRIBUTION AND MODIFICATION 0. This License applies to any >program or other work which contains a notice placed by the >copyright holder saying it may be distributed under the >terms of this General Public License. The "Program", below, >refers to any such program or work, and a "work based on the >Program" means either the Program or any derivative work >under copyright law: that is to say, a work containing the >Program or a portion of it, either verbatim or with >modifications and/or translated into another language. >(Hereinafter, translation is included without limitation in >the term "modification".) Each licensee is addressed as >"you". > >Activities other than copying, distribution and modification >are not covered by this License; they are outside its scope. >The act of running the Program is not restricted, and the >output from the Program is covered only if its contents >constitute a work based on the Program (independent of >having been made by running the Program). Whether that is >true depends on what the Program does. > >1. You may copy and distribute verbatim copies of the >Program's source code as you receive it, in any medium, >provided that you conspicuously and appropriately publish on >each copy an appropriate copyright notice and disclaimer of >warranty; keep intact all the notices that refer to this >License and to the absence of any warranty; and give any >other recipients of the Program a copy of this License along >with the Program. > >You may charge a fee for the physical act of transferring a >copy, and you may at your option offer warranty protection >in exchange for a fee. > >2. You may modify your copy or copies of the Program or any >portion of it, thus forming a work based on the Program, and >copy and distribute such modifications or work under the >terms of Section 1 above, provided that you also meet all of >these conditions: > >a) You must cause the modified files to carry prominent >notices stating that you changed the files and the date of >any change. > >b) You must cause any work that you distribute or publish, >that in whole or in part contains or is derived from the >Program or any part thereof, to be licensed as a whole at no >charge to all third parties under the terms of this License. > >c) If the modified program normally reads commands >interactively when run, you must cause it, when started >running for such interactive use in the most ordinary way, >to print or display an announcement including an appropriate >copyright notice and a notice that there is no warranty (or >else, saying that you provide a warranty) and that users may >redistribute the program under these conditions, and telling >the user how to view a copy of this License. (Exception: if >the Program itself is interactive but does not normally >print such an announcement, your work based on the Program >is not required to print an announcement.) > >These requirements apply to the modified work as a whole. If >identifiable sections of that work are not derived from the >Program, and can be reasonably considered independent and >separate works in themselves, then this License, and its >terms, do not apply to those sections when you distribute >them as separate works. But when you distribute the same >sections as part of a whole which is a work based on the >Program, the distribution of the whole must be on the terms >of this License, whose permissions for other licensees >extend to the entire whole, and thus to each and every part >regardless of who wrote it. > >Thus, it is not the intent of this section to claim rights >or contest your rights to work written entirely by you; >rather, the intent is to exercise the right to control the >distribution of derivative or collective works based on the >Program. In addition, mere aggregation of another work not >based on the Program with the Program (or with a work based >on the Program) on a volume of a storage or distribution >medium does not bring the other work under the scope of this >License. > >3. You may copy and distribute the Program (or a work based >on it, under Section 2) in object code or executable form >under the terms of Sections 1 and 2 above provided that you >also do one of the following: > >a) Accompany it with the complete corresponding >machine-readable source code, which must be distributed >under the terms of Sections 1 and 2 above on a medium >customarily used for software interchange; or, > >b) Accompany it with a written offer, valid for at least >three years, to give any third party, for a charge no more >than your cost of physically performing source distribution, >a complete machine-readable copy of the corresponding source >code, to be distributed under the terms of Sections 1 and 2 >above on a medium customarily used for software interchange; >or, > >c) Accompany it with the information you received as to the >offer to distribute corresponding source code. (This >alternative is allowed only for noncommercial distribution >and only if you received the program in object code or >executable form with such an offer, in accord with >Subsection b above.) > >The source code for a work means the preferred form of the >work for making modifications to it. For an executable work, >complete source code means all the source code for all >modules it contains, plus any associated interface >definition files, plus the scripts used to control >compilation and installation of the executable. However, as >a special exception, the source code distributed need not >include anything that is normally distributed (in either >source or binary form) with the major components (compiler, >kernel, and so on) of the operating system on which the >executable runs, unless that component itself accompanies >the executable. If distribution of executable or object code >is made by offering access to copy from a designated place, >then offering equivalent access to copy the source code from >the same place counts as distribution of the source code, >even though third parties are not compelled to copy the >source along with the object code. > >4. You may not copy, modify, sublicense, or distribute the >Program except as expressly provided under this License. Any >attempt otherwise to copy, modify, sublicense or distribute >the Program is void, and will automatically terminate your >rights under this License. However, parties who have >received copies, or rights, from you under this License will >not have their licenses terminated so long as such parties >remain in full compliance. > >5. You are not required to accept this License, since you >have not signed it. However, nothing else grants you >permission to modify or distribute the Program or its >derivative works. These actions are prohibited by law if you >do not accept this License. Therefore, by modifying or >distributing the Program (or any work based on the Program), >you indicate your acceptance of this License to do so, and >all its terms and conditions for copying, distributing or >modifying the Program or works based on it. > >6. Each time you redistribute the Program (or any work based >on the Program), the recipient automatically receives a >license from the original licensor to copy, distribute or >modify the Program subject to these terms and conditions. >You may not impose any further restrictions on the >recipients' exercise of the rights granted herein. You are >not responsible for enforcing compliance by third parties to >this License. > >7. If, as a consequence of a court judgment or allegation of >patent infringement or for any other reason (not limited to >patent issues), conditions are imposed on you (whether by >court order, agreement or otherwise) that contradict the >conditions of this License, they do not excuse you from the >conditions of this License. If you cannot distribute so as >to satisfy simultaneously your obligations under this >License and any other pertinent obligations, then as a >consequence you may not distribute the Program at all. For >example, if a patent license would not permit royalty-free >redistribution of the Program by all those who receive >copies directly or indirectly through you, then the only way >you could satisfy both it and this License would be to >refrain entirely from distribution of the Program. > >If any portion of this section is held invalid or >unenforceable under any particular circumstance, the balance >of the section is intended to apply and the section as a >whole is intended to apply in other circumstances. It is not >the purpose of this section to induce you to infringe any >patents or other property right claims or to contest >validity of any such claims; this section has the sole >purpose of protecting the integrity of the free software >distribution system, which is implemented by public license >practices. Many people have made generous contributions to >the wide range of software distributed through that system >in reliance on consistent application of that system; it is >up to the author/donor to decide if he or she is willing to >distribute software through any other system and a licensee >cannot impose that choice. > >This section is intended to make thoroughly clear what is >believed to be a consequence of the rest of this License. > >8. If the distribution and/or use of the Program is >restricted in certain countries either by patents or by >copyrighted interfaces, the original copyright holder who >places the Program under this License may add an explicit >geographical distribution limitation excluding those >countries, so that distribution is permitted only in or >among countries not thus excluded. In such case, this >License incorporates the limitation as if written in the >body of this License. > >9. The Free Software Foundation may publish revised and/or >new versions of the General Public License from time to >time. Such new versions will be similar in spirit to the >present version, but may differ in detail to address new >problems or concerns. > >Each version is given a distinguishing version number. If >the Program specifies a version number of this License which >applies to it and "any later version", you have the option >of following the terms and conditions either of that version >or of any later version published by the Free Software >Foundation. If the Program does not specify a version number >of this License, you may choose any version ever published >by the Free Software Foundation. > >10. If you wish to incorporate parts of the Program into >other free programs whose distribution conditions are >different, write to the author to ask for permission. For >software which is copyrighted by the Free Software >Foundation, write to the Free Software Foundation; we >sometimes make exceptions for this. Our decision will be >guided by the two goals of preserving the free status of all >derivatives of our free software and of promoting the >sharing and reuse of software generally. > >NO WARRANTY > >11. BECAUSE THE PROGRAM IS LICENSED FREE OF >CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT >PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN >WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE >THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER >EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE >IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A >PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND >PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM >PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY >SERVICING, REPAIR OR CORRECTION. > >12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED >TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY >WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED >ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, >SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF >THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT >LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR >LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE >PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH >HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF >SUCH DAMAGES. > >END OF TERMS AND CONDITIONS > >How to Apply These Terms to Your New Programs > >If you develop a new program, and you want it to be of the >greatest possible use to the public, the best way to achieve >this is to make it free software which everyone can >redistribute and change under these terms. > >To do so, attach the following notices to the program. It is >safest to attach them to the start of each source file to >most effectively convey the exclusion of warranty; and each >file should have at least the "copyright" line and a pointer >to where the full notice is found. > >One line to give the program's name and a brief idea of what >it does. > >Copyright (C) <year> <name of author> This program is free >software; you can redistribute it and/or modify it under the >terms of the GNU General Public License as published by the >Free Software Foundation; either version 2 of the License, >or (at your option) any later version. This program is >distributed in the hope that it will be useful, but WITHOUT >ANY WARRANTY; without even the implied warranty of >MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the >GNU General Public License for more details. You should have >received a copy of the GNU General Public License along with >this program; if not, write to the Free Software Foundation, >Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA > >Also add information on how to contact you by electronic and >paper mail. If the program is interactive, make it output a >short notice like this when it starts in an interactive >mode: > >Gnomovision version 69, Copyright (C) year name of author >Gnomovision comes with ABSOLUTELY NO WARRANTY; for details >type `show w'. This is free software, and you are welcome to >redistribute it under certain conditions; type `show c' for >details. The hypothetical commands `show w' and `show c' >should show the appropriate parts of the General Public >License. Of course, the commands you use may be called >something other than `show w' and `show c'; they could even >be mouse-clicks or menu items--whatever suits your program. > >You should also get your employer (if you work as a >programmer) or your school, if any, to sign a "copyright >disclaimer" for the program, if necessary. Here is a sample; >alter the names: > >Yoyodyne, Inc., hereby disclaims all copyright interest in >the program `Gnomovision' (which makes passes at compilers) >written by James Hacker. > >signature of Ty Coon, 1 April 1989 Ty Coon, President of >Vice This General Public License does not permit >incorporating your program into proprietary programs. If >your program is a subroutine library, you may consider it >more useful to permit linking proprietary applications with >the library. If this is what you want to do, use the GNU >Library General Public License instead of this License. > >"CLASSPATH" EXCEPTION TO THE GPL VERSION 2 > >Certain source files distributed by Sun Microsystems, Inc. >are subject to the following clarification and special >exception to the GPL Version 2, but only where Sun has >expressly included in the particular source file's header >the words "Sun designates this particular file as subject to >the "Classpath" exception as provided by Sun in the License >file that accompanied this code." > >Linking this library statically or dynamically with other >modules is making a combined work based on this library. >Thus, the terms and conditions of the GNU General Public >License Version 2 cover the whole combination. > >As a special exception, the copyright holders of this >library give you permission to link this library with >independent modules to produce an executable, regardless of >the license terms of these independent modules, and to copy >and distribute the resulting executable under terms of your >choice, provided that you also meet, for each linked >independent module, the terms and conditions of the license >of that module. An independent module is a module which is >not derived from or based on this library. If you modify >this library, you may extend this exception to your version >of the library, but you are not obligated to do so. If you >do not wish to do so, delete this exception statement from >your version. > >************************************************************ > >LICENSE #2: > >COMMON DEVELOPMENT AND DISTRIBUTION LICENSE >(CDDL) Version 1.0 > >1. Definitions. 1.1. "Contributor" means each individual or >entity that creates or contributes to the creation of >Modifications. > >1.2. "Contributor Version" means the combination of the >Original Software, prior Modifications used by a Contributor >(if any), and the Modifications made by that particular >Contributor. > >1.3. "Covered Software" means (a) the Original Software, or >(b) Modifications, or (c) the combination of files >containing Original Software with files containing >Modifications, in each case including portions thereof. > >1.4. "Executable" means the Covered Software in any form >other than Source Code. > >1.5. "Initial Developer" means the individual or entity that >first makes Original Software available under this License. > >1.6. "Larger Work" means a work which combines Covered >Software or portions thereof with code not governed by the >terms of this License. > >1.7. "License" means this document. > >1.8. "Licensable" means having the right to grant, to the >maximum extent possible, whether at the time of the initial >grant or subsequently acquired, any and all of the rights >conveyed herein. > >1.9. "Modifications" means the Source Code and Executable >form of any of the following: > >A. Any file that results from an addition to, deletion from >or modification of the contents of a file containing >Original Software or previous Modifications; > >B. Any new file that contains any part of the Original >Software or previous Modification; or > >C. Any new file that is contributed or otherwise made >available under the terms of this License. > >1.10. "Original Software" means the Source Code and >Executable form of computer software code that is originally >released under this License. > >1.11. "Patent Claims" means any patent claim(s), now owned >or hereafter acquired, including without limitation, method, >process, and apparatus claims, in any patent Licensable by >grantor. > >1.12. "Source Code" means (a) the common form of computer >software code in which modifications are made and (b) >associated documentation included in or with such code. > >1.13. "You" (or "Your") means an individual or a legal >entity exercising rights under, and complying with all of >the terms of, this License. For legal entities, "You" >includes any entity which controls, is controlled by, or is >under common control with You. For purposes of this >definition, "control" means (a) the power, direct or >indirect, to cause the direction or management of such >entity, whether by contract or otherwise, or (b) ownership >of more than fifty percent (50%) of the outstanding shares >or beneficial ownership of such entity. > >2. License Grants. > >2.1. The Initial Developer Grant. Conditioned upon Your >compliance with Section 3.1 below and subject to third party >intellectual property claims, the Initial Developer hereby >grants You a world-wide, royalty-free, non-exclusive >license: > >(a) under intellectual property rights (other than patent or >trademark) Licensable by Initial Developer, to use, >reproduce, modify, display, perform, sublicense and >distribute the Original Software (or portions thereof), with >or without Modifications, and/or as part of a Larger Work; >and > >(b) under Patent Claims infringed by the making, using or >selling of Original Software, to make, have made, use, >practice, sell, and offer for sale, and/or otherwise dispose >of the Original Software (or portions thereof). > >(c) The licenses granted in Sections 2.1(a) and (b) are >effective on the date Initial Developer first distributes or >otherwise makes the Original Software available to a third >party under the terms of this License. > >(d) Notwithstanding Section 2.1(b) above, no patent license >is granted: (1) for code that You delete from the Original >Software, or (2) for infringements caused by: (i) the >modification of the Original Software, or (ii) the >combination of the Original Software with other software or >devices. > >2.2. Contributor Grant. Conditioned upon Your compliance >with Section 3.1 below and subject to third party >intellectual property claims, each Contributor hereby grants >You a world-wide, royalty-free, non-exclusive license: > >(a) under intellectual property rights (other than patent or >trademark) Licensable by Contributor to use, reproduce, >modify, display, perform, sublicense and distribute the >Modifications created by such Contributor (or portions >thereof), either on an unmodified basis, with other >Modifications, as Covered Software and/or as part of a >Larger Work; and > >(b) under Patent Claims infringed by the making, using, or >selling of Modifications made by that Contributor either >alone and/or in combination with its Contributor Version (or >portions of such combination), to make, use, sell, offer for >sale, have made, and/or otherwise dispose of: (1) >Modifications made by that Contributor (or portions >thereof); and (2) the combination of Modifications made by >that Contributor with its Contributor Version (or portions >of such combination). > >(c) The licenses granted in Sections 2.2(a) and 2.2(b) are >effective on the date Contributor first distributes or >otherwise makes the Modifications available to a third >party. > >(d) Notwithstanding Section 2.2(b) above, no patent license >is granted: (1) for any code that Contributor has deleted >from the Contributor Version; (2) for infringements caused >by: (i) third party modifications of Contributor Version, or >(ii) the combination of Modifications made by that >Contributor with other software (except as part of the >Contributor Version) or other devices; or (3) under Patent >Claims infringed by Covered Software in the absence of >Modifications made by that Contributor. > >3. Distribution Obligations. > >3.1. Availability of Source Code. Any Covered Software that >You distribute or otherwise make available in Executable >form must also be made available in Source Code form and >that Source Code form must be distributed only under the >terms of this License. You must include a copy of this >License with every copy of the Source Code form of the >Covered Software You distribute or otherwise make available. >You must inform recipients of any such Covered Software in >Executable form as to how they can obtain such Covered >Software in Source Code form in a reasonable manner on or >through a medium customarily used for software exchange. > >3.2. Modifications. The Modifications that You create or to >which You contribute are governed by the terms of this >License. You represent that You believe Your Modifications >are Your original creation(s) and/or You have sufficient >rights to grant the rights conveyed by this License. > >3.3. Required Notices. You must include a notice in each of >Your Modifications that identifies You as the Contributor of >the Modification. You may not remove or alter any copyright, >patent or trademark notices contained within the Covered >Software, or any notices of licensing or any descriptive >text giving attribution to any Contributor or the Initial >Developer. > >3.4. Application of Additional Terms. You may not offer or >impose any terms on any Covered Software in Source Code form >that alters or restricts the applicable version of this >License or the recipients' rights hereunder. You may choose >to offer, and to charge a fee for, warranty, support, >indemnity or liability obligations to one or more recipients >of Covered Software. However, you may do so only on Your own >behalf, and not on behalf of the Initial Developer or any >Contributor. You must make it absolutely clear that any such >warranty, support, indemnity or liability obligation is >offered by You alone, and You hereby agree to indemnify the >Initial Developer and every Contributor for any liability >incurred by the Initial Developer or such Contributor as a >result of warranty, support, indemnity or liability terms >You offer. > >3.5. Distribution of Executable Versions. You may distribute >the Executable form of the Covered Software under the terms >of this License or under the terms of a license of Your >choice, which may contain terms different from this License, >provided that You are in compliance with the terms of this >License and that the license for the Executable form does >not attempt to limit or alter the recipient's rights in the >Source Code form from the rights set forth in this License. >If You distribute the Covered Software in Executable form >under a different license, You must make it absolutely clear >that any terms which differ from this License are offered by >You alone, not by the Initial Developer or Contributor. You >hereby agree to indemnify the Initial Developer and every >Contributor for any liability incurred by the Initial >Developer or such Contributor as a result of any such terms >You offer. > >3.6. Larger Works. You may create a Larger Work by combining >Covered Software with other code not governed by the terms >of this License and distribute the Larger Work as a single >product. In such a case, You must make sure the requirements >of this License are fulfilled for the Covered Software. > >4. Versions of the License. > >4.1. New Versions. Sun Microsystems, Inc. is the initial >license steward and may publish revised and/or new versions >of this License from time to time. Each version will be >given a distinguishing version number. Except as provided in >Section 4.3, no one other than the license steward has the >right to modify this License. > >4.2. Effect of New Versions. You may always continue to use, >distribute or otherwise make the Covered Software available >under the terms of the version of the License under which >You originally received the Covered Software. If the Initial >Developer includes a notice in the Original Software >prohibiting it from being distributed or otherwise made >available under any subsequent version of the License, You >must distribute and make the Covered Software available >under the terms of the version of the License under which >You originally received the Covered Software. Otherwise, You >may also choose to use, distribute or otherwise make the >Covered Software available under the terms of any subsequent >version of the License published by the license steward. > >4.3. Modified Versions. When You are an Initial Developer >and You want to create a new license for Your Original >Software, You may create and use a modified version of this >License if You: (a) rename the license and remove any >references to the name of the license steward (except to >note that the license differs from this License); and (b) >otherwise make it clear that the license contains terms >which differ from this License. > >5. DISCLAIMER OF WARRANTY. > >COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS >IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR >IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE >COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A >PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO >THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH >YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY >RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER >CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, >REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY >CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY >COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS >DISCLAIMER. > >6. TERMINATION. > >6.1. This License and the rights granted hereunder will >terminate automatically if You fail to comply with terms >herein and fail to cure such breach within 30 days of >becoming aware of the breach. Provisions which, by their >nature, must remain in effect beyond the termination of this >License shall survive. > >6.2. If You assert a patent infringement claim (excluding >declaratory judgment actions) against Initial Developer or a >Contributor (the Initial Developer or Contributor against >whom You assert such claim is referred to as "Participant") >alleging that the Participant Software (meaning the >Contributor Version where the Participant is a Contributor >or the Original Software where the Participant is the >Initial Developer) directly or indirectly infringes any >patent, then any and all rights granted directly or >indirectly to You by such Participant, the Initial Developer >(if the Initial Developer is not the Participant) and all >Contributors under Sections 2.1 and/or 2.2 of this License >shall, upon 60 days notice from Participant terminate >prospectively and automatically at the expiration of such 60 >day notice period, unless if within such 60 day period You >withdraw Your claim with respect to the Participant Software >against such Participant either unilaterally or pursuant to >a written agreement with Participant. > >6.3. In the event of termination under Sections 6.1 or 6.2 >above, all end user licenses that have been validly granted >by You or any distributor hereunder prior to termination >(excluding licenses granted to You by any distributor) shall >survive termination. > >7. LIMITATION OF LIABILITY. > >UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER >TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL >YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY >DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF >SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, >SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY >CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST >PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE >OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR >LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE >POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY >SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY >RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT >APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS >DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR >CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY >NOT APPLY TO YOU. > >8. U.S. GOVERNMENT END USERS. > >The Covered Software is a "commercial item," as that term is >defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of >"commercial computer software" (as that term is defined at >48 C.F.R. 252.227-7014(a)(1)) and "commercial computer >software documentation" as such terms are used in 48 C.F.R. >12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 >C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. >Government End Users acquire Covered Software with only >those rights set forth herein. This U.S. Government Rights >clause is in lieu of, and supersedes, any other FAR, DFAR, >or other clause or provision that addresses Government >rights in computer software under this License. > >9. MISCELLANEOUS. > >This License represents the complete agreement concerning >subject matter hereof. If any provision of this License is >held to be unenforceable, such provision shall be reformed >only to the extent necessary to make it enforceable. This >License shall be governed by the law of the jurisdiction >specified in a notice contained within the Original Software >(except to the extent applicable law, if any, provides >otherwise), excluding such jurisdiction's conflict-of-law >provisions. Any litigation relating to this License shall be >subject to the jurisdiction of the courts located in the >jurisdiction and venue specified in a notice contained >within the Original Software, with the losing party >responsible for costs, including, without limitation, court >costs and reasonable attorneys' fees and expenses. The >application of the United Nations Convention on Contracts >for the International Sale of Goods is expressly excluded. >Any law or regulation which provides that the language of a >contract shall be construed against the drafter shall not >apply to this License. You agree that You alone are >responsible for compliance with the United States export >administration regulations (and the export control laws and >regulation of any other countries) when You use, distribute >or otherwise make available any Covered Software. > >10. RESPONSIBILITY FOR CLAIMS. > >As between Initial Developer and the Contributors, each >party is responsible for claims and damages arising, >directly or indirectly, out of its utilization of rights >under this License and You agree to work with Initial >Developer and Contributors to distribute such responsibility >on an equitable basis. Nothing herein is intended or shall >be deemed to constitute any admission of liability. > >************************************************************ > >LICENSE #3: > >JGO 5.1 IN SOA PACK FOR NETBEANS IDE 6.1 > >Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE > >Licensee/Company: Entity receiving Software. > >Effective Date: Date Sun delivers the Software to You. > >Software: JGo 5.1 > >License Term: Perpetual (subject to termination under the >SLA). > >Licensed Unit: Software Copy. > >Licensed unit Count: Unlimited. > >Permitted Uses: You may reproduce and use the Software for >Individual, Commercial, Research and Instructional and >Service Provider Use, subject to and conditioned on Your >compliance with the Additional Terms below. > >Additional Terms: > >1. Software includes only the versions of the above products >that are made initially available to You. > >2. Notwithstanding anything to the contrary in any Master >Terms between the parties or in the SLA, Master Terms do not >apply to Software under this Agreement. > >3. You may only use the Software in binary form and only in >conjunction with NetBeans. > >Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT > >READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY >BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE >MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF >YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR >ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR >EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO >NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED >SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF >SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" >(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU >HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR >YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS >AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT >AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE. > >1. Definitions. > >(a) "Entitlement" means the collective set of applicable >documents authorized by Sun evidencing your obligation to >pay associated fees (if any) for the license, associated >Services, and the authorized scope of use of Software under >this Agreement. > >(b) "Licensed Unit" means the unit of measure by which your >use of Software and/or Service is licensed, as described in >your Entitlement. > >(c) "Permitted Use" means the licensed Software use(s) >authorized in this Agreement as specified in your >Entitlement. The Permitted Use for any bundled Sun software >not specified in your Entitlement will be evaluation use as >provided in Section 3. > >(d) "Service" means the service(s) that Sun or its delegate >will provide, if any, as selected in your Entitlement and as >further described in the applicable service listings at >www.sun.com/service/servicelist. > >(e) "Software" means the Sun software described in your >Entitlement. Also, certain software may be included for >evaluation use under Section 3. > >(f) "You" and "Your" means the individual or legal entity >specified in the Entitlement, or for evaluation purposes, >the entity performing the evaluation. > >2. License Grant and Entitlement. > >Subject to the terms of your Entitlement, Sun grants you a >nonexclusive, nontransferable limited license to use >Software for its Permitted Use for the license term. Your >Entitlement will specify (a) Software licensed, (b) the >Permitted Use, (c) the license term, and (d) the Licensed >Units. > >Additionally, if your Entitlement includes Services, then it >will also specify the (e) Service and (f) service term. > >If your rights to Software or Services are limited in >duration and the date such rights begin is other than the >purchase date, your Entitlement will provide that beginning >date(s). > >The Entitlement may be delivered to you in various ways >depending on the manner in which you obtain Software and >Services, for example, the Entitlement may be provided in >your receipt, invoice or your contract with Sun or >authorized Sun reseller. It may also be in electronic format >if you download Software. > >3. Permitted Use. > >As selected in your Entitlement, one or more of the >following Permitted Uses will apply to your use of Software. >Unless you have an Entitlement that expressly permits it, >you may not use Software for any of the other Permitted >Uses. If you don't have an Entitlement, or if your >Entitlement doesn't cover additional software delivered to >you, then such software is for your Evaluation Use. > >(a) Evaluation Use. You may evaluate Software internally for >a period of 90 days from your first use. > >(b) Research and Instructional Use. You may use Software >internally to design, develop and test, and also to provide >instruction on such uses. > >(c) Individual Use. You may use Software internally for >personal, individual use. > >(d) Commercial Use. You may use Software internally for your >own commercial purposes. > >(e) Service Provider Use. You may make Software >functionality accessible (but not by providing Software >itself or through outsourcing services) to your end users in >an extranet deployment, but not to your affiliated companies >or to government agencies. > >4. Licensed Units. > >Your Permitted Use is limited to the number of Licensed >Units stated in your Entitlement. If you require additional >Licensed Units, you will need additional Entitlement(s). > >5. Restrictions. > >(a) The copies of Software provided to you under this >Agreement is licensed, not sold, to you by Sun. Sun reserves >all rights not expressly granted. (b) You may make a single >archival copy of Software, but otherwise may not copy, >modify, or distribute Software. However if the Sun >documentation accompanying Software lists specific portions >of Software, such as header files, class libraries, >reference source code, and/or redistributable files, that >may be handled differently, you may do so only as provided >in the Sun documentation. (c) You may not rent, lease, lend >or encumber Software. (d) Unless enforcement is prohibited >by applicable law, you may not decompile, or reverse >engineer Software. (e) The terms and conditions of this >Agreement will apply to any Software updates, provided to >you at Sun's discretion, that replace and/or supplement the >original Software, unless such update contains a separate >license. (f) You may not publish or provide the results of >any benchmark or comparison tests run on Software to any >third party without the prior written consent of Sun. (g) >Software is confidential and copyrighted. (h) Unless >otherwise specified, if Software is delivered with embedded >or bundled software that enables functionality of Software, >you may not use such software on a stand-alone basis or use >any portion of such software to interoperate with any >program(s) other than Software. (i) Software may contain >programs that perform automated collection of system data >and/or automated software updating services. System data >collected through such programs may be used by Sun, its >subcontractors, and its service delivery partners for the >purpose of providing you with remote system services and/or >improving Sun's software and systems. (j) Software is not >designed, licensed or intended for use in the design, >construction, operation or maintenance of any nuclear >facility and Sun and its licensors disclaim any express or >implied warranty of fitness for such uses. (k) 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. > >6. Java Compatibility and Open Source. > >Software may contain Java technology. You may not create >additional classes to, or modifications of, the Java >technology, except under compatibility requirements >available under a separate agreement available at >www.java.net. > >Sun supports and benefits from the global community of open >source developers, and thanks the community for its >important contributions and open standards-based technology, >which Sun has adopted into many of its products. > >Please note that portions of Software may be provided with >notices and open source licenses from such communities and >third parties that govern the use of those portions, and any >licenses granted hereunder do not alter any rights and >obligations you may have under such open source licenses, >however, the disclaimer of warranty and limitation of >liability provisions in this Agreement will apply to all >Software in this distribution. > >7. Term and Termination. > >The license and service term are set forth in your >Entitlement(s). Your rights under this Agreement will >terminate immediately without notice from Sun if you >materially breach it or take any action in derogation of >Sun's and/or its licensors' rights to Software. Sun may >terminate this Agreement should any Software become, or in >Sun's reasonable opinion likely to become, the subject of a >claim of intellectual property infringement or trade secret >misappropriation. Upon termination, you will cease use of, >and destroy, Software and confirm compliance in writing to >Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination >of the Agreement. > >8. Limited Warranty. > >Sun warrants to you that for a period of 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. Some states do >not allow limitations on certain implied warranties, so the >above may not apply to you. This limited warranty gives you >specific legal rights. You may have others, which vary from >state to state. > >9. 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. > >10. Limitation of Liability. > >TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR >ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR >DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR >PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF >LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR >INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF >THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's >liability to you, whether in contract, tort (including >negligence), or otherwise, exceed the amount paid by you for >Software under this Agreement. The foregoing limitations >will apply even if the above stated warranty fails of its >essential purpose. Some states do not allow the exclusion of >incidental or consequential damages, so some of the terms >above may not be applicable to you. > >11. Export Regulations. > >All Software, documents, technical data, and any other >materials delivered under this Agreement are subject to U.S. >export control laws and may be subject to export or import >regulations in other countries. You agree to comply strictly >with these laws and regulations and acknowledge that you >have the responsibility to obtain any licenses to export, >re-export, or import as may be required after delivery to >you. > >12. 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). > >13. 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. > >14. 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. > >15. Integration. > >This Agreement, including any terms contained in your >Entitlement, 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. > >Please contact Sun Microsystems, Inc. 4150 Network Circle, >Santa Clara, California 95054 if you have questions. > >************************************************************ > >LICENSE #4 > >TOM SAWYER 6.0 IN UML PACK FOR NETBEANS IDE 6.1 > >Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE > >Licensee/Company: Entity receiving Software. > >Effective Date: Date Sun delivers the Software to You. > >Software: Tom Sawyer 6.0 > >License Term: Perpetual (subject to termination under the >SLA). > >Licensed Unit: Software Copy. > >Licensed unit Count: Unlimited. > >Permitted Uses: You may reproduce and use the Software for >Individual, Commercial, Research and Instructional and >Service Provider Use, subject to and conditioned on Your >compliance with the Additional Terms below. > >Additional Terms: > >1. Software includes only the versions of the above products >that are made initially available to You. > >2. Notwithstanding anything to the contrary in any Master >Terms between the parties or in the SLA, Master Terms do not >apply to Software under this Agreement. > >3. You may only use the Software in binary form and only in >conjunction with NetBeans. > >Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT > >READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY >BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE >MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF >YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, INDICATE YOUR >ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" (OR >EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO >NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE UNUSED >SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF >SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" >(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU >HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR >YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS >AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT >AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE. > >1. Definitions. > >(a) "Entitlement" means the collective set of applicable >documents authorized by Sun evidencing your obligation to >pay associated fees (if any) for the license, associated >Services, and the authorized scope of use of Software under >this Agreement. > >(b) "Licensed Unit" means the unit of measure by which your >use of Software and/or Service is licensed, as described in >your Entitlement. > >(c) "Permitted Use" means the licensed Software use(s) >authorized in this Agreement as specified in your >Entitlement. The Permitted Use for any bundled Sun software >not specified in your Entitlement will be evaluation use as >provided in Section 3. > >(d) "Service" means the service(s) that Sun or its delegate >will provide, if any, as selected in your Entitlement and as >further described in the applicable service listings at >www.sun.com/service/servicelist. > >(e) "Software" means the Sun software described in your >Entitlement. Also, certain software may be included for >evaluation use under Section 3. > >(f) "You" and "Your" means the individual or legal entity >specified in the Entitlement, or for evaluation purposes, >the entity performing the evaluation. > >2. License Grant and Entitlement. > >Subject to the terms of your Entitlement, Sun grants you a >nonexclusive, nontransferable limited license to use >Software for its Permitted Use for the license term. Your >Entitlement will specify (a) Software licensed, (b) the >Permitted Use, (c) the license term, and (d) the Licensed >Units. > >Additionally, if your Entitlement includes Services, then it >will also specify the (e) Service and (f) service term. > >If your rights to Software or Services are limited in >duration and the date such rights begin is other than the >purchase date, your Entitlement will provide that beginning >date(s). > >The Entitlement may be delivered to you in various ways >depending on the manner in which you obtain Software and >Services, for example, the Entitlement may be provided in >your receipt, invoice or your contract with Sun or >authorized Sun reseller. It may also be in electronic format >if you download Software. > >3. Permitted Use. > >As selected in your Entitlement, one or more of the >following Permitted Uses will apply to your use of Software. >Unless you have an Entitlement that expressly permits it, >you may not use Software for any of the other Permitted >Uses. If you don't have an Entitlement, or if your >Entitlement doesn't cover additional software delivered to >you, then such software is for your Evaluation Use. > >(a) Evaluation Use. You may evaluate Software internally for >a period of 90 days from your first use. > >(b) Research and Instructional Use. You may use Software >internally to design, develop and test, and also to provide >instruction on such uses. > >(c) Individual Use. You may use Software internally for >personal, individual use. > >(d) Commercial Use. You may use Software internally for your >own commercial purposes. > >(e) Service Provider Use. You may make Software >functionality accessible (but not by providing Software >itself or through outsourcing services) to your end users in >an extranet deployment, but not to your affiliated companies >or to government agencies. > >4. Licensed Units. > >Your Permitted Use is limited to the number of Licensed >Units stated in your Entitlement. If you require additional >Licensed Units, you will need additional Entitlement(s). > >5. Restrictions. > >(a) The copies of Software provided to you under this >Agreement is licensed, not sold, to you by Sun. Sun reserves >all rights not expressly granted. (b) You may make a single >archival copy of Software, but otherwise may not copy, >modify, or distribute Software. However if the Sun >documentation accompanying Software lists specific portions >of Software, such as header files, class libraries, >reference source code, and/or redistributable files, that >may be handled differently, you may do so only as provided >in the Sun documentation. (c) You may not rent, lease, lend >or encumber Software. (d) Unless enforcement is prohibited >by applicable law, you may not decompile, or reverse >engineer Software. (e) The terms and conditions of this >Agreement will apply to any Software updates, provided to >you at Sun's discretion, that replace and/or supplement the >original Software, unless such update contains a separate >license. (f) You may not publish or provide the results of >any benchmark or comparison tests run on Software to any >third party without the prior written consent of Sun. (g) >Software is confidential and copyrighted. (h) Unless >otherwise specified, if Software is delivered with embedded >or bundled software that enables functionality of Software, >you may not use such software on a stand-alone basis or use >any portion of such software to interoperate with any >program(s) other than Software. (i) Software may contain >programs that perform automated collection of system data >and/or automated software updating services. System data >collected through such programs may be used by Sun, its >subcontractors, and its service delivery partners for the >purpose of providing you with remote system services and/or >improving Sun's software and systems. (j) Software is not >designed, licensed or intended for use in the design, >construction, operation or maintenance of any nuclear >facility and Sun and its licensors disclaim any express or >implied warranty of fitness for such uses. (k) 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. > >6. Java Compatibility and Open Source. > >Software may contain Java technology. You may not create >additional classes to, or modifications of, the Java >technology, except under compatibility requirements >available under a separate agreement available at >www.java.net. > >Sun supports and benefits from the global community of open >source developers, and thanks the community for its >important contributions and open standards-based technology, >which Sun has adopted into many of its products. > >Please note that portions of Software may be provided with >notices and open source licenses from such communities and >third parties that govern the use of those portions, and any >licenses granted hereunder do not alter any rights and >obligations you may have under such open source licenses, >however, the disclaimer of warranty and limitation of >liability provisions in this Agreement will apply to all >Software in this distribution. > >7. Term and Termination. > >The license and service term are set forth in your >Entitlement(s). Your rights under this Agreement will >terminate immediately without notice from Sun if you >materially breach it or take any action in derogation of >Sun's and/or its licensors' rights to Software. Sun may >terminate this Agreement should any Software become, or in >Sun's reasonable opinion likely to become, the subject of a >claim of intellectual property infringement or trade secret >misappropriation. Upon termination, you will cease use of, >and destroy, Software and confirm compliance in writing to >Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination >of the Agreement. > >8. Limited Warranty. > >Sun warrants to you that for a period of 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. Some states do >not allow limitations on certain implied warranties, so the >above may not apply to you. This limited warranty gives you >specific legal rights. You may have others, which vary from >state to state. > >9. 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. > >10. Limitation of Liability. > >TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR >ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR >DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR >PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF >LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR >INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF >THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's >liability to you, whether in contract, tort (including >negligence), or otherwise, exceed the amount paid by you for >Software under this Agreement. The foregoing limitations >will apply even if the above stated warranty fails of its >essential purpose. Some states do not allow the exclusion of >incidental or consequential damages, so some of the terms >above may not be applicable to you. > >11. Export Regulations. > >All Software, documents, technical data, and any other >materials delivered under this Agreement are subject to U.S. >export control laws and may be subject to export or import >regulations in other countries. You agree to comply strictly >with these laws and regulations and acknowledge that you >have the responsibility to obtain any licenses to export, >re-export, or import as may be required after delivery to >you. > >12. 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). > >13. 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. > >14. 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. > >15. Integration. > >This Agreement, including any terms contained in your >Entitlement, 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. > >Please contact Sun Microsystems, Inc. 4150 Network Circle, >Santa Clara, California 95054 if you have questions. > >************************************************************ > >LICENSE #5: > >SUN JAVA WIRELESS TOOLKIT 2.5.2 FOR CLDC IN NETBEANS IDE 6.1 > >Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE > >Licensee/Company: Entity receiving Software. > >Effective Date: Date of delivery of the Software to You. > >Software: -Sun Java Wireless Toolkit 2.5.2 for CLDC > >-SVG Renderer Library > >License Term: Perpetual (subject to termination under the >SLA). > >Licensed Unit: Software Copy. > >Licensed unit Count: Unlimited. > >Permitted Uses: > >1. You may reproduce and use the Software for Your own >Individual, Commercial and Research and Instructional Use >only for the purposes of designing, developing, testing, and >running Your applets and applications ("Programs"). > >2. Subject to the terms and conditions of this Agreement and >restrictions and exceptions set forth in the Software's >documentation, You may reproduce and distribute portions of >Software identified as a redistributable in the >documentation (each a "Redistributable"), provided that You >comply with the following (note that You may be entitled to >reproduce and distribute other portions of the Software not >defined in the documentation as a Redistributable under >certain other licenses as described in the >THIRDPARTYLICENSEREADME, if applicable): > >(a) You distribute Redistributable complete and unmodified >and only bundled as part of Your Programs, > >(b) Your Programs add significant and primary functionality >to the Redistributable, > >(c) You distribute Redistributable for the sole purpose of >running Your Programs, > >(d) You do not distribute additional software intended to >replace any component(s) of the Redistributable, > >(e) You do not remove or alter any proprietary legends or >notices contained in or on the Redistributable. > >(f) You only distribute the Redistributable subject to a >license agreement that protects Sun's interests consistent >with the terms contained in this Agreement, and > >(g) You agree to defend and indemnify Sun and its licensors >from and against any damages, costs, liabilities, settlement >amounts and/or expenses (including attorneys' fees) incurred >in connection with any claim, lawsuit or action by any third >party that arises or results from the use or distribution of >any and all Programs and/or Redistributable. > >3. Java Technology Restrictions. You may not create, modify, >or change the behavior of, or authorize Your licensees to >create, modify, or change the behavior of, classes, >interfaces, or subpackages that are in any way identified as >"java", "javax", "sun" or similar convention as specified by >Sun in any naming convention designation. > >Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT > >READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY >BEFORE OPENING SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE >MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF >YOU DO NOT AGREE TO ALL OF THE TERMS, PROMPTLY RETURN THE >UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND. IF >YOU HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") >FOR YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-5 OF THIS >AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT >AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE. > >1. Definitions. > >(a) "Entitlement" means the collective set of applicable >documents authorized by Sun evidencing your obligation to >pay associated fees (if any) for the license, associated >Services, and the authorized scope of use of Software under >this Agreement. > >(b) "Licensed Unit" means the unit of measure by which your >use of Software and/or Service is licensed, as described in >your Entitlement. > >(c) "Permitted Use" means the licensed Software use(s) >authorized in this Agreement as specified in your >Entitlement. The Permitted Use for any bundled Sun software >not specified in your Entitlement will be evaluation use as >provided in Section 3. > >(d) "Service" means the service(s) that Sun or its delegate >will provide, if any, as selected in your Entitlement and as >further described in the applicable service listings at >www.sun.com/service/servicelist. > >(e) "Software" means the Sun software described in your >Entitlement. Also, certain software may be included for >evaluation use under Section 3. > >(f) "You" and "Your" means the individual or legal entity >specified in the Entitlement, or for evaluation purposes, >the entity performing the evaluation. > >2. License Grant and Entitlement. > >Subject to the terms of your Entitlement, Sun grants you a >nonexclusive, nontransferable limited license to use >Software for its Permitted Use for the license term. Your >Entitlement will specify (a) Software licensed, (b) the >Permitted Use, (c) the license term, and (d) the Licensed >Units. > >Additionally, if your Entitlement includes Services, then it >will also specify the (e) Service and (f) service term. > >If your rights to Software or Services are limited in >duration and the date such rights begin is other than the >purchase date, your Entitlement will provide that beginning >date(s). > >The Entitlement may be delivered to you in various ways >depending on the manner in which you obtain Software and >Services, for example, the Entitlement may be provided in >your receipt, invoice or your contract with Sun or >authorized Sun reseller. It may also be in electronic format >if you download Software. > >3. Permitted Use. > >As selected in your Entitlement, one or more of the >following Permitted Uses will apply to your use of Software. >Unless you have an Entitlement that expressly permits it, >you may not use Software for any of the other Permitted >Uses. If you don't have an Entitlement, or if your >Entitlement doesn't cover additional software delivered to >you, then such software is for your Evaluation Use. > >(a) Evaluation Use. You may evaluate Software internally for >a period of 90 days from your first use. > >(b) Research and Instructional Use. You may use Software >internally to design, develop and test, and also to provide >instruction on such uses. > >(c) Individual Use. You may use Software internally for >personal, individual use. > >(d) Commercial Use. You may use Software internally for your >own commercial purposes. > >(e) Service Provider Use. You may make Software >functionality accessible (but not by providing Software >itself or through outsourcing services) to your end users in >an extranet deployment, but not to your affiliated companies >or to government agencies. > >4. Licensed Units. > >Your Permitted Use is limited to the number of Licensed >Units stated in your Entitlement. If you require additional >Licensed Units, you will need additional Entitlement(s). > >5. Restrictions. > >(a) The copies of Software provided to you under this >Agreement is licensed, not sold, to you by Sun. Sun reserves >all rights not expressly granted. (b) You may make a single >archival copy of Software, but otherwise may not copy, >modify, or distribute Software. However if the Sun >documentation accompanying Software lists specific portions >of Software, such as header files, class libraries, >reference source code, and/or redistributable files, that >may be handled differently, you may do so only as provided >in the Sun documentation. (c) You may not rent, lease, lend >or encumber Software. (d) Unless enforcement is prohibited >by applicable law, you may not decompile, or reverse >engineer Software. (e) The terms and conditions of this >Agreement will apply to any Software updates, provided to >you at Sun's discretion, that replace and/or supplement the >original Software, unless such update contains a separate >license. (f) You may not publish or provide the results of >any benchmark or comparison tests run on Software to any >third party without the prior written consent of Sun. (g) >Software is confidential and copyrighted. (h) Unless >otherwise specified, if Software is delivered with embedded >or bundled software that enables functionality of Software, >you may not use such software on a stand-alone basis or use >any portion of such software to interoperate with any >program(s) other than Software. (i) Software may contain >programs that perform automated collection of system data >and/or automated software updating services. System data >collected through such programs may be used by Sun, its >subcontractors, and its service delivery partners for the >purpose of providing you with remote system services and/or >improving Sun's software and systems. (j) Software is not >designed, licensed or intended for use in the design, >construction, operation or maintenance of any nuclear >facility and Sun and its licensors disclaim any express or >implied warranty of fitness for such uses. (k) 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. > >6. Term and Termination. > >The license and service term are set forth in your >Entitlement(s). Your rights under this Agreement will >terminate immediately without notice from Sun if you >materially breach it or take any action in derogation of >Sun's and/or its licensors' rights to Software. Sun may >terminate this Agreement should any Software become, or in >Sun's reasonable opinion likely to become, the subject of a >claim of intellectual property infringement or trade secret >misappropriation. Upon termination, you will cease use of, >and destroy, Software and confirm compliance in writing to >Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination >of the Agreement. > >7. Java Compatibility and Open Source. > >Software may contain Java technology. You may not create >additional classes to, or modifications of, the Java >technology, except under compatibility requirements >available under a separate agreement available at >www.java.net. > >Sun supports and benefits from the global community of open >source developers, and thanks the community for its >important contributions and open standards- based >technology, which Sun has adopted into many of its products. > >Please note that portions of Software may be provided with >notices and open source licenses from such communities and >third parties that govern the use of those portions, and any >licenses granted hereunder do not alter any rights and >obligations you may have under such open source licenses, >however, the disclaimer of warranty and limitation of >liability provisions in this Agreement will apply to all >Software in this distribution. > >8. Limited Warranty. > >Sun warrants to you that for a period of 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. Some states do >not allow limitations on certain implied warranties, so the >above may not apply to you. This limited warranty gives you >specific legal rights. You may have others, which vary from >state to state. > >9. 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. > >10. Limitation of Liability. > >TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR >ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR >DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR >PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF >LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR >INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF >THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's >liability to you, whether in contract, tort (including >negligence), or otherwise, exceed the amount paid by you for >Software under this Agreement. The foregoing limitations >will apply even if the above stated warranty fails of its >essential purpose. Some states do not allow the exclusion of >incidental or consequential damages, so some of the terms >above may not be applicable to you. > >11. Export Regulations. > >All Software, documents, technical data, and any other >materials delivered under this Agreement are subject to U.S. >export control laws and may be subject to export or import >regulations in other countries. You agree to comply strictly >with these laws and regulations and acknowledge that you >have the responsibility to obtain any licenses to export, >re-export, or import as may be required after delivery to >you. > >12. 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). > >13. 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. > >14. 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. > >15. Integration. > >This Agreement, including any terms contained in your >Entitlement, 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. > >Please contact Sun Microsystems, Inc. 4150 Network Circle, >Santa Clara, California 95054 if you have questions. >
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