Attachment 318099 Details for Bug 464820 – NetBeans EULA text shown at startup

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

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Creator: Mark Wielaard

Created: 2008-09-30 17:42:00 UTC

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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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Attachments on bug 464820: 318099