https://issues.apache.org/bugzilla/show_bug.cgi?id=56763
Bug ID: 56763
Summary: Missing license for the Oracle icons
Product: JMeter
Version: 2.11
Hardware: All
OS: All
Status: NEW
Severity: normal
Priority: P2
Component: Main
Assignee: [email protected]
Reporter: [email protected]
The src/core/org/apache/jmeter/images directory contains icons from the
venerable Java Look-And-Feel Graphics Repository [1] (the *24.gif files) but
unlike the files from the Open Icon Library these icons are not credited in the
LICENSE/NOTICE files.
Also it is worth noting that the license doesn't allow modifications, but
JMeter contains several modified icons from this collection (the *24.over.gif
and *24.down.gif files, the .on.gif and .off.gif files look unmodified).
Here is the copyright notice included with the icon collection:
LICENSE FOR SOFTWARE GRAPHICS ARTWORK
ORACLE AMERICA, INC. ("ORACLE"), FOR AND ON BEHALF OF ITSELF AND ITS
SUBSIDIARIES AND AFFILIATES UNDER COMMON CONTROL, IS WILLING TO LICENSE THE
SOFTWARE GRAPHICS ARTWORK TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS CONTAINED IN THIS LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE
AGREEMENT CAREFULLY. BY SELECTING THE "ACCEPT" (OR THE EQUIVALENT) BUTTON
AND/OR BY DOWNLOADING AND/OR USING THE SOFTWARE GRAPHICS ARTWORK, YOU
ACKNOWLEDGE THAT YOU HAVE READ THE TERMS AND AGREE TO THEM. IF YOU ARE AGREEING
TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT
YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THESE TERMS. IF YOU DO
NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT WISH TO BE BOUND BY THE TERMS, THEN
SELECT THE "DECLINE" (OR THE EQUIVALENT) BUTTON AND YOU MUST NOT DOWNLOAD OR
USE THE SOFTWARE GRAPHICS ARTWORK ON THIS SITE OR ANY OTHER MEDIA ON WHICH THE
SOFTWARE GRAPHICS ARTWORK IS CONTAINED.
Copyright Notice for the Software Graphics Artwork: Copyright 2000 Oracle
and/or its affiliates. All Rights Reserved.
Subject to the terms and conditions of this agreement, Oracle grants you, the
individual or entity that executes this agreement by clicking “accept” and
downloading the software graphics artwork, a non-exclusive, non-transferable,
royalty-free, limited right to use, reproduce, display or distribute this
software graphics artwork, as individual graphics or as a collection, as part
of software code or programs that you develop, provided that i) this license
and the copyright notice above accompany the software graphics artwork; and ii)
you do not utilize the software graphics artwork in a manner that is
disparaging to Oracle. Unless the enforcement of a restriction against
modification is prohibited by applicable law, you may not modify the graphics,
and must use them true to color and unmodified in every way.
The software graphics artwork is subject to copyright. Title to the software
graphics artwork and all associated intellectual property rights is retained by
Oracle and/or its licensors. This software graphics artwork is provided "AS
IS," without a warranty of any kind. ORACLE FURTHER DISCLAIMS ALL WARRANTIES,
EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL ORACLE OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL,
CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF REVENUE,
PROFITS, DATA, OR DATA USE, INCURRED BY YOU OR ANY THIRD PARTY, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THIS AGREEMENT OR THE
USE OF OR INABILITY TO USE THE SOFTWARE GRAPHICS ARTWORK, EVEN IF ORACLE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORACLE’S ENTIRE LIABILITY FOR
DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS (U.S.
$1000.00).
This agreement is effective until terminated. You may terminate this agreement
at any time by ceasing all use of the software graphics artwork. This agreement
will terminate immediately without notice from Oracle if you fail to comply
with any provision of this agreement. Either of us may terminate this agreement
immediately should the software graphics artwork become, or in either party’s
opinion, be likely to become, the subject of a claim of infringement of any
intellectual property right. Upon termination, you will promptly cease using
the software graphics artwork.
If any term of this agreement is found to be invalid or unenforceable, the
remaining terms will remain effective, and such term will be replaced by a term
consistent with the purpose and intent of this agreement.
You represent and warrant that you have not in any way unilaterally modified
the terms of this agreement as provided by Oracle.
This agreement is governed by the substantive and procedural laws of the state
of California and controlling U.S. federal law and you and Oracle agree to
submit to the exclusive jurisdiction of, and venue in, the courts in San
Francisco or Santa Clara counties, California, in any dispute arising out of or
relating to this agreement.
This agreement is our complete agreement for your use of the software graphics
artwork, and this agreement supersedes all prior or contemporaneous agreements
or representations, written or oral, regarding the software graphics artwork.
For inquiries please contact: Oracle America, Inc., 500 Oracle Parkway, Redwood
Shores, California 94065, USA.
[1] http://www.oracle.com/technetwork/java/repository-140393.html
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