Author: fhanik Date: Mon Jun 15 17:25:29 2009 New Revision: 784871 URL: http://svn.apache.org/viewvc?rev=784871&view=rev Log: checked in the raw license
Modified: tomcat/trunk/modules/jdbc-pool/LICENSE Modified: tomcat/trunk/modules/jdbc-pool/LICENSE URL: http://svn.apache.org/viewvc/tomcat/trunk/modules/jdbc-pool/LICENSE?rev=784871&r1=784870&r2=784871&view=diff ============================================================================== --- tomcat/trunk/modules/jdbc-pool/LICENSE (original) +++ tomcat/trunk/modules/jdbc-pool/LICENSE Mon Jun 15 17:25:29 2009 @@ -1,4 +1,3 @@ - Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ @@ -200,844 +199,3 @@ WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. - - - -APACHE TOMCAT SUBCOMPONENTS: - -Apache Tomcat includes a number of subcomponents with separate copyright notices -and license terms. Your use of these subcomponents is subject to the terms and -conditions of the following licenses. - - -For the jasper-jdt.jar component: - -Eclipse Public License - v 1.0 - -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC -LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM -CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. - -1. DEFINITIONS - -"Contribution" means: - -a) in the case of the initial Contributor, the initial code and documentation -distributed under this Agreement, and - -b) in the case of each subsequent Contributor: - -i) changes to the Program, and - -ii) additions to the Program; - -where such changes and/or additions to the Program originate from and are -distributed by that particular Contributor. A Contribution 'originates' from a -Contributor if it was added to the Program by such Contributor itself or anyone -acting on such Contributor's behalf. Contributions do not include additions to -the Program which: (i) are separate modules of software distributed in -conjunction with the Program under their own license agreement, and (ii) are not -derivative works of the Program. - -"Contributor" means any person or entity that distributes the Program. - -"Licensed Patents" mean patent claims licensable by a Contributor which are -necessarily infringed by the use or sale of its Contribution alone or when -combined with the Program. - -"Program" means the Contributions distributed in accordance with this Agreement. - -"Recipient" means anyone who receives the Program under this Agreement, -including all Contributors. - -2. GRANT OF RIGHTS - -a) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free copyright license to -reproduce, prepare derivative works of, publicly display, publicly perform, -distribute and sublicense the Contribution of such Contributor, if any, and such -derivative works, in source code and object code form. - -b) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed -Patents to make, use, sell, offer to sell, import and otherwise transfer the -Contribution of such Contributor, if any, in source code and object code form. -This patent license shall apply to the combination of the Contribution and the -Program if, at the time the Contribution is added by the Contributor, such -addition of the Contribution causes such combination to be covered by the -Licensed Patents. The patent license shall not apply to any other combinations -which include the Contribution. No hardware per se is licensed hereunder. - -c) Recipient understands that although each Contributor grants the licenses to -its Contributions set forth herein, no assurances are provided by any -Contributor that the Program does not infringe the patent or other intellectual -property rights of any other entity. Each Contributor disclaims any liability to -Recipient for claims brought by any other entity based on infringement of -intellectual property rights or otherwise. As a condition to exercising the -rights and licenses granted hereunder, each Recipient hereby assumes sole -responsibility to secure any other intellectual property rights needed, if any. -For example, if a third party patent license is required to allow Recipient to -distribute the Program, it is Recipient's responsibility to acquire that license -before distributing the Program. - -d) Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement. - -3. REQUIREMENTS - -A Contributor may choose to distribute the Program in object code form under its -own license agreement, provided that: - -a) it complies with the terms and conditions of this Agreement; and - -b) its license agreement: - -i) effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title and -non-infringement, and implied warranties or conditions of merchantability and -fitness for a particular purpose; - -ii) effectively excludes on behalf of all Contributors all liability for -damages, including direct, indirect, special, incidental and consequential -damages, such as lost profits; - -iii) states that any provisions which differ from this Agreement are offered by -that Contributor alone and not by any other party; and - -iv) states that source code for the Program is available from such Contributor, -and informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange. - -When the Program is made available in source code form: - -a) it must be made available under this Agreement; and - -b) a copy of this Agreement must be included with each copy of the Program. - -Contributors may not remove or alter any copyright notices contained within the -Program. - -Each Contributor must identify itself as the originator of its Contribution, if -any, in a manner that reasonably allows subsequent Recipients to identify the -originator of the Contribution. - -4. COMMERCIAL DISTRIBUTION - -Commercial distributors of software may accept certain responsibilities with -respect to end users, business partners and the like. While this license is -intended to facilitate the commercial use of the Program, the Contributor who -includes the Program in a commercial product offering should do so in a manner -which does not create potential liability for other Contributors. Therefore, if -a Contributor includes the Program in a commercial product offering, such -Contributor ("Commercial Contributor") hereby agrees to defend and indemnify -every other Contributor ("Indemnified Contributor") against any losses, damages -and costs (collectively "Losses") arising from claims, lawsuits and other legal -actions brought by a third party against the Indemnified Contributor to the -extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor -to control, and cooperate with the Commercial Contributor in, the defense and -any related settlement negotiations. The Indemnified Contributor may -participate in any such claim at its own expense. - -For example, a Contributor might include the Program in a commercial product -offering, Product X. That Contributor is then a Commercial Contributor. If that -Commercial Contributor then makes performance claims, or offers warranties -related to Product X, those performance claims and warranties are such -Commercial Contributor's responsibility alone. Under this section, the -Commercial Contributor would have to defend claims against the other -Contributors related to those performance claims and warranties, and if a court -requires any other Contributor to pay any damages as a result, the Commercial -Contributor must pay those damages. - -5. NO WARRANTY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN -"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR -IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, -NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each -Recipient is solely responsible for determining the appropriateness of using and -distributing the Program and assumes all risks associated with its exercise of -rights under this Agreement , including but not limited to the risks and costs -of program errors, compliance with applicable laws, damage to or loss of data, -programs or equipment, and unavailability or interruption of operations. - -6. DISCLAIMER OF LIABILITY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY -CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, -SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST -PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, -STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY -OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS -GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - -7. GENERAL - -If any provision of this Agreement is invalid or unenforceable under applicable -law, it shall not affect the validity or enforceability of the remainder of the -terms of this Agreement, and without further action by the parties hereto, such -provision shall be reformed to the minimum extent necessary to make such -provision valid and enforceable. - -If Recipient institutes patent litigation against any entity (including a -cross-claim or counterclaim in a lawsuit) alleging that the Program itself -(excluding combinations of the Program with other software or hardware) -infringes such Recipient's patent(s), then such Recipient's rights granted under -Section 2(b) shall terminate as of the date such litigation is filed. - -All Recipient's rights under this Agreement shall terminate if it fails to -comply with any of the material terms or conditions of this Agreement and does -not cure such failure in a reasonable period of time after becoming aware of -such noncompliance. If all Recipient's rights under this Agreement terminate, -Recipient agrees to cease use and distribution of the Program as soon as -reasonably practicable. However, Recipient's obligations under this Agreement -and any licenses granted by Recipient relating to the Program shall continue and -survive. - -Everyone is permitted to copy and distribute copies of this Agreement, but in -order to avoid inconsistency the Agreement is copyrighted and may only be -modified in the following manner. The Agreement Steward reserves the right to -publish new versions (including revisions) of this Agreement from time to time. -No one other than the Agreement Steward has the right to modify this Agreement. -The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation -may assign the responsibility to serve as the Agreement Steward to a suitable -separate entity. Each new version of the Agreement will be given a -distinguishing version number. The Program (including Contributions) may always -be distributed subject to the version of the Agreement under which it was -received. In addition, after a new version of the Agreement is published, -Contributor may elect to distribute the Program (including its Contributions) -under the new version. Except as expressly stated in Sections 2(a) and 2(b) -above, Recipient receives no rights or licenses to the intellectual property of -any Contributor under this Agreement, whether expressly, by implication, -estoppel or otherwise. All rights in the Program not expressly granted under -this Agreement are reserved. - -This Agreement is governed by the laws of the State of New York and the -intellectual property laws of the United States of America. No party to this -Agreement will bring a legal action under this Agreement more than one year -after the cause of action arose. Each party waives its rights to a jury trial in -any resulting litigation. - - -For the Windows Installer component: - - * All NSIS source code, plug-ins, documentation, examples, header files and - graphics, with the exception of the compression modules and where - otherwise noted, are licensed under the zlib/libpng license. - * The zlib compression module for NSIS is licensed under the zlib/libpng - license. - * The bzip2 compression module for NSIS is licensed under the bzip2 license. - * The lzma compression module for NSIS is licensed under the Common Public - License version 1.0. - -zlib/libpng license - -This software is provided 'as-is', without any express or implied warranty. In -no event will the authors be held liable for any damages arising from the use of -this software. - -Permission is granted to anyone to use this software for any purpose, including -commercial applications, and to alter it and redistribute it freely, subject to -the following restrictions: - - 1. The origin of this software must not be misrepresented; you must not claim - that you wrote the original software. If you use this software in a - product, an acknowledgment in the product documentation would be - appreciated but is not required. - 2. Altered source versions must be plainly marked as such, and must not be - misrepresented as being the original software. - 3. This notice may not be removed or altered from any source distribution. - -bzip2 license - -Redistribution and use in source and binary forms, with or without modification, -are permitted provided that the following conditions are met: - - 1. Redistributions of source code must retain the above copyright notice, - this list of conditions and the following disclaimer. - 2. The origin of this software must not be misrepresented; you must not claim - that you wrote the original software. If you use this software in a - product, an acknowledgment in the product documentation would be - appreciated but is not required. - 3. Altered source versions must be plainly marked as such, and must not be - misrepresented as being the original software. - 4. The name of the author may not be used to endorse or promote products - derived from this software without specific prior written permission. - -THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIED -WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF -MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT -SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, -EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT -OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS -INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN -CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING -IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY -OF SUCH DAMAGE. - -Julian Seward, Cambridge, UK. - -jsew...@acm.org -Common Public License version 1.0 - -THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC -LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM -CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. - -1. DEFINITIONS - -"Contribution" means: - -a) in the case of the initial Contributor, the initial code and documentation -distributed under this Agreement, and b) in the case of each subsequent -Contributor: - -i) changes to the Program, and - -ii) additions to the Program; - -where such changes and/or additions to the Program originate from and are -distributed by that particular Contributor. A Contribution 'originates' from a -Contributor if it was added to the Program by such Contributor itself or anyone -acting on such Contributor's behalf. Contributions do not include additions to -the Program which: (i) are separate modules of software distributed in -conjunction with the Program under their own license agreement, and (ii) are not -derivative works of the Program. - -"Contributor" means any person or entity that distributes the Program. - -"Licensed Patents " mean patent claims licensable by a Contributor which are -necessarily infringed by the use or sale of its Contribution alone or when -combined with the Program. - -"Program" means the Contributions distributed in accordance with this Agreement. - -"Recipient" means anyone who receives the Program under this Agreement, -including all Contributors. - -2. GRANT OF RIGHTS - -a) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free copyright license to -reproduce, prepare derivative works of, publicly display, publicly perform, -distribute and sublicense the Contribution of such Contributor, if any, and such -derivative works, in source code and object code form. - -b) Subject to the terms of this Agreement, each Contributor hereby grants -Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed -Patents to make, use, sell, offer to sell, import and otherwise transfer the -Contribution of such Contributor, if any, in source code and object code form. -This patent license shall apply to the combination of the Contribution and the -Program if, at the time the Contribution is added by the Contributor, such -addition of the Contribution causes such combination to be covered by the -Licensed Patents. The patent license shall not apply to any other combinations -which include the Contribution. No hardware per se is licensed hereunder. - -c) Recipient understands that although each Contributor grants the licenses to -its Contributions set forth herein, no assurances are provided by any -Contributor that the Program does not infringe the patent or other intellectual -property rights of any other entity. Each Contributor disclaims any liability to -Recipient for claims brought by any other entity based on infringement of -intellectual property rights or otherwise. As a condition to exercising the -rights and licenses granted hereunder, each Recipient hereby assumes sole -responsibility to secure any other intellectual property rights needed, if any. -For example, if a third party patent license is required to allow Recipient to -distribute the Program, it is Recipient's responsibility to acquire that license -before distributing the Program. - -d) Each Contributor represents that to its knowledge it has sufficient copyright -rights in its Contribution, if any, to grant the copyright license set forth in -this Agreement. - -3. REQUIREMENTS - -A Contributor may choose to distribute the Program in object code form under its -own license agreement, provided that: - -a) it complies with the terms and conditions of this Agreement; and - -b) its license agreement: - -i) effectively disclaims on behalf of all Contributors all warranties and -conditions, express and implied, including warranties or conditions of title and -non-infringement, and implied warranties or conditions of merchantability and -fitness for a particular purpose; - -ii) effectively excludes on behalf of all Contributors all liability for -damages, including direct, indirect, special, incidental and consequential -damages, such as lost profits; - -iii) states that any provisions which differ from this Agreement are offered by -that Contributor alone and not by any other party; and - -iv) states that source code for the Program is available from such Contributor, -and informs licensees how to obtain it in a reasonable manner on or through a -medium customarily used for software exchange. - -When the Program is made available in source code form: - -a) it must be made available under this Agreement; and - -b) a copy of this Agreement must be included with each copy of the Program. - -Contributors may not remove or alter any copyright notices contained within the -Program. - -Each Contributor must identify itself as the originator of its Contribution, if -any, in a manner that reasonably allows subsequent Recipients to identify the -originator of the Contribution. - -4. COMMERCIAL DISTRIBUTION - -Commercial distributors of software may accept certain responsibilities with -respect to end users, business partners and the like. While this license is -intended to facilitate the commercial use of the Program, the Contributor who -includes the Program in a commercial product offering should do so in a manner -which does not create potential liability for other Contributors. Therefore, if -a Contributor includes the Program in a commercial product offering, such -Contributor ("Commercial Contributor") hereby agrees to defend and indemnify -every other Contributor ("Indemnified Contributor") against any losses, damages -and costs (collectively "Losses") arising from claims, lawsuits and other legal -actions brought by a third party against the Indemnified Contributor to the -extent caused by the acts or omissions of such Commercial Contributor in -connection with its distribution of the Program in a commercial product -offering. The obligations in this section do not apply to any claims or Losses -relating to any actual or alleged intellectual property infringement. In order -to qualify, an Indemnified Contributor must: a) promptly notify the Commercial -Contributor in writing of such claim, and b) allow the Commercial Contributor to -control, and cooperate with the Commercial Contributor in, the defense and any -related settlement negotiations. The Indemnified Contributor may participate in -any such claim at its own expense. - -For example, a Contributor might include the Program in a commercial product -offering, Product X. That Contributor is then a Commercial Contributor. If that -Commercial Contributor then makes performance claims, or offers warranties -related to Product X, those performance claims and warranties are such -Commercial Contributor's responsibility alone. Under this section, the -Commercial Contributor would have to defend claims against the other -Contributors related to those performance claims and warranties, and if a court -requires any other Contributor to pay any damages as a result, the Commercial -Contributor must pay those damages. - -5. NO WARRANTY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN -"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR -IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, -NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each -Recipient is solely responsible for determining the appropriateness of using and -distributing the Program and assumes all risks associated with its exercise of -rights under this Agreement, including but not limited to the risks and costs of -program errors, compliance with applicable laws, damage to or loss of data, -programs or equipment, and unavailability or interruption of operations. - -6. DISCLAIMER OF LIABILITY - -EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY -CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, -SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST -PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, -STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY -OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS -GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. - -7. GENERAL - -If any provision of this Agreement is invalid or unenforceable under applicable -law, it shall not affect the validity or enforceability of the remainder of the -terms of this Agreement, and without further action by the parties hereto, such -provision shall be reformed to the minimum extent necessary to make such -provision valid and enforceable. - -If Recipient institutes patent litigation against a Contributor with respect to -a patent applicable to software (including a cross-claim or counterclaim in a -lawsuit), then any patent licenses granted by that Contributor to such Recipient -under this Agreement shall terminate as of the date such litigation is filed. In -addition, if Recipient institutes patent litigation against any entity -(including a cross-claim or counterclaim in a lawsuit) alleging that the Program -itself (excluding combinations of the Program with other software or hardware) -infringes such Recipient's patent(s), then such Recipient's rights granted under -Section 2(b) shall terminate as of the date such litigation is filed. - -All Recipient's rights under this Agreement shall terminate if it fails to -comply with any of the material terms or conditions of this Agreement and does -not cure such failure in a reasonable period of time after becoming aware of -such noncompliance. If all Recipient's rights under this Agreement terminate, -Recipient agrees to cease use and distribution of the Program as soon as -reasonably practicable. However, Recipient's obligations under this Agreement -and any licenses granted by Recipient relating to the Program shall continue and -survive. - -Everyone is permitted to copy and distribute copies of this Agreement, but in -order to avoid inconsistency the Agreement is copyrighted and may only be -modified in the following manner. The Agreement Steward reserves the right to -publish new versions (including revisions) of this Agreement from time to time. -No one other than the Agreement Steward has the right to modify this Agreement. -IBM is the initial Agreement Steward. IBM may assign the responsibility to serve -as the Agreement Steward to a suitable separate entity. Each new version of the -Agreement will be given a distinguishing version number. The Program (including -Contributions) may always be distributed subject to the version of the Agreement -under which it was received. In addition, after a new version of the Agreement -is published, Contributor may elect to distribute the Program (including its -Contributions) under the new version. Except as expressly stated in Sections -2(a) and 2(b) above, Recipient receives no rights or licenses to the -intellectual property of any Contributor under this Agreement, whether -expressly, by implication, estoppel or otherwise. All rights in the Program not -expressly granted under this Agreement are reserved. - -This Agreement is governed by the laws of the State of New York and the -intellectual property laws of the United States of America. No party to this -Agreement will bring a legal action under this Agreement more than one year -after the cause of action arose. Each party waives its rights to a jury trial in -any resulting litigation. - -Special exception for LZMA compression module - -Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for -NSIS, expressly permit you to statically or dynamically link your code (or bind -by name) to the files from the LZMA compression module for NSIS without -subjecting your linked code to the terms of the Common Public license version -1.0. Any modifications or additions to files from the LZMA compression module -for NSIS, however, are subject to the terms of the Common Public License version -1.0. - - -For the following XML Schemas for Java EE Deployment Descriptors: - - javaee_5.xsd - - javaee_web_services_1_2.xsd - - javaee_web_services_client_1_2.xsd - -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. - - NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION - LICENSE (CDDL) - - The code released under the CDDL shall be governed by the laws of the State - of California (excluding conflict-of-law provisions). Any litigation relating - to this License shall be subject to the jurisdiction of the Federal Courts of - the Northern District of California and the state courts of the State of - California, with venue lying in Santa Clara County, California. - --------------------------------------------------------------------- To unsubscribe, e-mail: dev-unsubscr...@tomcat.apache.org For additional commands, e-mail: dev-h...@tomcat.apache.org