Open
Source Licenses
HP
Software Support
Legal
Notices
HP acknowledges the use of
the following open source components.
HP Universal CMDB Configuration Manager includes the following Apache 2.0 software developed or
licensed by the Apache Software Foundation (<http://www.apache.org/>):
Ant v.1.7.1
Antlr v 1.7.1
Ant-Launcher v.1.7.1
Aopalliance v 1.0
Axis 1.4
cglib v.2.2
common-dbcp-1.2.2 , v.1.3
Commons BeanUtils v.1.7.0
Commons CLI v.1.1
Commons Codec v.1.3
Commons Discovery 0.4
Commons Digester 1.8
Commons IO v.1.4
Commons Logging v.1.1.1
Commons Lang v.2.4
Commons Collections v.3.2.1 , v.3.1
Commons HTTP client v.3.1
Commons-pool 1.5.4
Commons Validator
1.3.1
Ehcache-jgroupsreplication 1.5
Ezmorph 1.0.6
Felix 3.0.8
Gin 1.0
Google-collections 0.9
Guice 2.0
Groovy v 1.6.7
Gwt 2.0.3
Gwt-lo 2.0.3
Gwt-servlet 1.5.3
Gwt2swf 0.6.0
Httpclient 3.1
Jackson 1.5.6
Jakarta-regexp
1.4
Jetty v6.1.11
Joda-Time v.1.6 , v.1.5.2
Json 3.0
Jstl 1.1.2
Libdrools-core-java 4.0.7
Log4J v.1.2.15
Lucene 2.4.1
Mvel 2.0.10
Mvp4g 1.2.0
OpenSAML
v.2.1.0
OpenWS v.1.1.0
POI v.1.7.1
Quartz v.1.6.4
Scannotation v 1.0.2
Scriptella v 1.00 beta
Spring v.2.5.6.SEC01, v.2.5.6.SEC01 , v.3.0.3
Spring security 2.0.4
Taglibs 1.1.2
Tomcat v.6.0.13
Velocity v.1.5
wink v 1.1.1
XML-APIs v.1.0.b2
XML-Security v.1.4.1
XMLTooling v.1.0.1
Xpp3 1.1.4c
The above software is
licensed for use under Apache License, Version 2.0 (the "License"). A
copy of the License can be found below, as well as at: http://www.apache.org/licenses/LICENSE-2.0
The Apache Software License, Version 2.0
Copyright (c) January 2004 The Apache Software Foundation. All rights reserved.
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR
USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall
mean the terms and conditions for use, reproduction, and distribution as
defined by Sections 1 through 9 of this document.
"Licensor" shall
mean the copyright owner or entity authorized by the copyright owner that is
granting the License.
"Legal Entity"
shall mean the union of the acting entity and all other entities that control,
are controlled by, or are under common control with that entity. For the
purposes of this definition, "control" means (i) the power, direct or
indirect, to cause the direction or management of such entity, whether by
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or
"Your") shall mean an individual or Legal Entity exercising
permissions granted by this License.
"Source" form
shall mean the preferred form for making modifications, including but not
limited to software source code, documentation source, and configuration files.
"Object" form
shall mean any form resulting from mechanical transformation or translation of
a Source form, including but not limited to compiled object code, generated
documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in
Source or Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work (an example is
provided in the Appendix below).
"Derivative Works" shall mean any work, whether in
Source or Object form, that is based on (or derived from) the Work and for
which the editorial revisions, annotations, elaborations, or other
modifications represent, as a whole, an original work of authorship. For the
purposes of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of, the Work
and Derivative Works thereof.
"Contribution" shall mean any work of authorship,
including the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally submitted to
Licensor for inclusion in the Work by the copyright owner or by an individual
or Legal Entity authorized to submit on behalf of the copyright owner. For the
purposes of this definition, "submitted" means any form of
electronic, verbal, or written communication sent to the Licensor or its
representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that are
managed by, or on behalf of, the Licensor for the purpose of discussing and
improving the Work, but excluding communication that is conspicuously marked or
otherwise designated in writing by the copyright owner as "Not a
Contribution."
"Contributor" shall mean Licensor and any individual or
Legal Entity on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.
2. Grant of Copyright License. Subject to the terms and conditions
of this License, each Contributor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable copyright license to
reproduce, prepare Derivative Works of, publicly display, publicly perform,
sublicense, and distribute the Work and such Derivative Works in Source or
Object form.
3. Grant of Patent License. Subject to the terms and conditions of
this License, each Contributor hereby grants to You a perpetual, worldwide,
non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this
section) patent license to make, have made, use, offer to sell, sell, import,
and otherwise transfer the Work, where such license applies only to those
patent claims licensable by such Contributor that are necessarily infringed by
their Contribution(s) alone or by combination of their Contribution(s) with the
Work to which such Contribution(s) was submitted. If You institute patent
litigation against any entity (including a cross-claim or counterclaim in a
lawsuit) alleging that the Work or a Contribution incorporated within the Work
constitutes direct or contributory patent infringement, then any patent
licenses granted to You under this License for that Work shall terminate as of
the date such litigation is filed.
4. Redistribution. You may reproduce and distribute copies of the
Work or Derivative Works thereof in any medium, with or without modifications,
and in Source or Object form, provided that You meet
the following conditions:
1. You must give any
other recipients of the Work or Derivative Works a copy of this License; and
2. You must cause any
modified files to carry prominent notices stating that You
changed the files; and
3. You must retain, in
the Source form of any Derivative Works that You distribute, all copyright,
patent, trademark, and attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of the Derivative
Works; and
4. If the Work includes a
"NOTICE" text file as part of its distribution, then any Derivative
Works that You distribute must include a readable copy of the attribution
notices contained within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one of the following
places: within a NOTICE text file distributed as part of the Derivative Works;
within the Source form or documentation, if provided along with the Derivative
Works; or, within a display generated by the Derivative Works, if and wherever
such third-party notices normally appear. The contents of the NOTICE file are
for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that
You distribute, alongside or as an addendum to the NOTICE text from the Work,
provided that such additional attribution notices cannot be construed as
modifying the License.
You may add Your own copyright statement
to Your modifications and may provide additional or different license terms and
conditions for use, reproduction, or distribution of Your modifications, or for
any such Derivative Works as a whole, provided Your use, reproduction, and
distribution of the Work otherwise complies with the conditions stated in this
License.
5. Submission of Contributions. Unless You
explicitly state otherwise, any Contribution intentionally submitted for
inclusion in the Work by You to the Licensor shall be under the terms and
conditions of this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify the terms
of any separate license agreement you may have executed with Licensor regarding
such Contributions.
6. Trademarks. This License does not grant permission to use the
trade names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the origin of
the Work and reproducing the content of the NOTICE file.
7. Disclaimer of Warranty. Unless required by applicable law or
agreed to in writing, Licensor provides the Work (and each Contributor provides
its Contributions) 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. You are solely
responsible for determining the appropriateness of using or redistributing the
Work and assume any risks associated with Your
exercise of permissions under this License.
8. Limitation of Liability. In no event and under no legal theory,
whether in tort (including negligence), contract, or otherwise, unless required
by applicable law (such as deliberate and grossly negligent acts) or agreed to
in writing, shall any Contributor be liable to You for damages, including any
direct, indirect, special, incidental, or consequential damages of any
character arising as a result of this License or out of the use or inability to
use the Work (including but not limited to damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other commercial
damages or losses), even if such Contributor has been advised of the
possibility of such damages.
9. Accepting Warranty or Additional Liability. While
redistributing the Work or Derivative Works thereof, You
may choose to offer, and charge a fee for, acceptance of support, warranty,
indemnity, or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only on Your own
behalf and on Your sole responsibility, not on behalf of any other Contributor,
and only if You agree to indemnify, defend, and hold each Contributor harmless
for any liability incurred by, or claims asserted against, such Contributor by
reason of your accepting any such warranty or additional liability.
END OF TERMS AND CONDITIONS
HP Universal CMDB Configuration Manager includes the following Apache 1.1 software developed or licensed by the Apache Software Foundation (<http://www.apache.org/>):
BCEL
v.5.1
Hessian
v 3.1.5
Jibx 1.2.2
Xalan v 2.7.0
Xpp3 v 1.1.3.8
The above software is licensed for use under Apache License,
Version 1.1 (the "License"). A copy of the License can be found
below, as well as at: http://www.apache.org/licenses/LICENSE-1.1
The Apache Software License, Version 1.1
Copyright (c) 2000 The Apache Software Foundation. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the
distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment:
"This product includes software developed by the Apache Software
Foundation (http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if and
wherever such third-party acknowledgments normally appear.
4. The names "Apache" and "Apache Software Foundation" must
not be used to endorse or promote products derived from this software without
prior written permission. For written permission, please contact
apache@apache.org.
5. Products derived from this software may not be called "Apache",
nor may "Apache" appear in their name, without prior written
permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE
SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of voluntary contributions made by many individuals on
behalf of the Apache Software Foundation. For more information on the Apache
Software Foundation, please see
<http://www.apache.org/>.
Portions of this software are based upon public domain software originally
written at the National Center for Supercomputing Applications, University of
Illinois, Urbana-Champaign.
HP Universal CMDB Configuration Manager includes the following BSD Style License.
Com4j v
20080107
Dnsjava v 2.0.6
Ganymed-ssh2
v 210
Janino v 2.5.15
Vijava v 2.0
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are
met:
1. Redistributions of
source code must retain the above copyright
notice,
this list of conditions and the following disclaimer.
2. Redistributions in
binary form must reproduce the above
copyright
notice, this list of conditions and the following
disclaimer
in the documentation and/or other materials
provided
with the distribution.
3. The 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.
The above software is licensed for use under BSD
Style License.
HP Universal CMDB Configuration Manager includes the
following software developed by Extreme! Lab. Indiana University:
XPP v.1.1.4c
The above software is licensed for use under the Indiana
University Extreme! Lab Software License Version 1.1.1.
Copyright (c) 2002 Extreme! Lab, Indiana University.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. The end-user documentation included with the redistribution, if any, must
include the following acknowledgment:
"This product includes software developed by the Indiana University
Extreme! Lab (http://www.extreme.indiana.edu/)."
Alternately, this acknowledgment may appear in the software itself, if and wherever
such third-party acknowledgments normally appear.
4. The names "Indiana Univeristy" and
"Indiana Univeristy Extreme! Lab" must not
be used to endorse or promote products derived from this software without prior
written permission. For written permission, please contact
http://www.extreme.indiana.edu/.
5. Products derived from this software may not use "Indiana Univeristy" name nor may "Indiana Univeristy" appear in their name, without prior
written permission of the Indiana University.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO
EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
ANTLR
3 License
HP Universal CMDB Configuration Manager includes the
following software developed by Terence Parr:
Jline v 0.9.94
[The
BSD License]
Copyright
(c) 2005, Terence Parr
All
rights reserved.
Redistribution
and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
Redistributions
of source code must retain the above copyright notice, this list of conditions
and the following disclaimer.
Redistributions
in binary form must reproduce the above copyright notice, this list of
conditions and the following disclaimer in the documentation and/or other
materials provided with the distribution.
Neither
the name of the author nor the names of its contributors may be used to endorse
or promote products derived from this software without specific prior written
permission.
THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
HP Universal CMDB Configuration Manager includes the
following software developed by Terence Parr:
ANTLR v2.7.6 rc1
Copyright (c) 2003-2008,
Terence Parr. All rights reserved.
Redistribution and use
in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
THIS SOFTWARE IS
PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
HP Universal CMDB Configuration Manager includes the following software developed by Visigoth
Software Society:
FreeMarker v.2.3.14
FreeMarker 1.x was released under the
LGPL license. Later, by community consensus, we have switched over to a
BSD-style license. As of FreeMarker 2.2pre1, the
original author, Benjamin Geer, has relinquished the copyright in behalf
of Visigoth Software Society. The current copyright holder is the Visigoth
Software Society.
Copyright (c) 2003
The Visigoth Software Society. All rights reserved.
Redistribution and use in
source and binary forms, with or without modification, are permitted provided
that the following conditions are met:
1.
Redistributions
of source code must retain the above copyright notice, this list of conditions
and the following disclaimer.
2.
The
end-user documentation included with the redistribution, if any, must include
the following acknowledgement: "This product includes software
developed by the Visigoth Software Society (http://www.visigoths.org/)."
Alternately, this acknowledgement may appear in the software itself, if and
wherever such third-party acknowledgements normally appear.
3.
Neither
the name "FreeMarker",
"Visigoth", nor any of the names of the project contributors may be
used to endorse or promote products derived from this software without prior
written permission. For written permission, please contact
visigoths@visigoths.org.
4.
Products
derived from this software may not be called "FreeMarker"
or "Visigoth" nor may "FreeMarker"
or "Visigoth" appear in their names without prior written permission
of the Visigoth Software Society.
THIS SOFTWARE IS PROVIDED
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE VISIGOTH SOFTWARE SOCIETY OR ITS
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
This software consists of
voluntary contributions made by many individuals on behalf of the Visigoth
Software Society. For more information on the Visigoth Software Society, please
see http://www.visigoths.org/
MOZILLA PUBLIC LICENSE v1.1
HP Release Control includes ldapjdk-4.1.jar
software.
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making
the Covered Code available to a third party.
1.1. ''Contributor'' means each entity that creates or contributes to
the creation of Modifications.
1.2. ''Contributor Version'' means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications made by that
particular Contributor.
1.3. ''Covered Code'' means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case including
portions thereof.
1.4. ''Electronic Distribution Mechanism'' means a mechanism generally
accepted in the software development community for the electronic transfer of
data.
1.5. ''Executable'' means Covered Code in any form other than Source
Code.
1.6. ''Initial Developer'' means the individual or entity identified as
the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ''Larger Work'' means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.8. ''License'' means this document.
1.8.1. "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 any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous
Modifications.
1.10. ''Original Code'' means Source Code of computer software code
which is described in the Source Code notice required by Exhibit A as Original
Code, and which, at the time of its release under this License is not already
Covered Code governed by this License.
1.10.1. "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.
1.11. ''Source Code'' means the preferred form of the Covered Code for
making modifications to it, including all modules it contains, plus any associated
interface definition files, scripts used to control compilation and
installation of an Executable, or source code differential comparisons against
either the Original Code or another well known, available Covered Code of the
Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving
software is widely available for no charge.
1.12. "You'' (or "Your")
means an individual or a legal entity exercising rights under, and complying
with all of the terms of, this License or a future version of this License
issued under Section 6.1. 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. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:
(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
Code (or portions thereof) with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patents Claims infringed by
the making, using or selling of Original Code, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose of the Original
Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a)
and (b) are effective on the date Initial Developer first distributes Original
Code 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 Code; 2) separate from the
Original Code; or 3) for infringements
caused by: i) the modification of the Original Code
or ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant.
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 Code 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 makes Commercial Use of the
Covered Code.
(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)
separate from the Contributor Version;
3) 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 4)
under Patent Claims infringed by Covered Code in the absence of Modifications
made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which
You contribute are governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version of this
License released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or impose
any terms on any Source Code version that alters or restricts the applicable
version of this License or the recipients' rights hereunder. However, You may include an additional document offering the
additional rights described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be made
available in Source Code form under the terms of this License either on the
same media as an Executable version or via an accepted Electronic Distribution
Mechanism to anyone to whom you made an Executable version available; and if
made available via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became available, or at
least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring
that the Source Code version remains available even if the Electronic
Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You
contribute to contain a file documenting the changes You made to create that
Covered Code and the date of any change. You must include a prominent statement
that the Modification is derived, directly or indirectly, from Original Code
provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable
version or related documentation in which You describe
the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights granted by such
Contributor under Sections 2.1 or 2.2, Contributor must include a text file
with the Source Code distribution titled "LEGAL'' which describes the
claim and the party making the claim in sufficient detail that a recipient will
know whom to contact. If Contributor obtains such knowledge after the Modification
is made available as described in Section 3.2, Contributor shall promptly
modify the LEGAL file in all copies Contributor makes available thereafter and
shall take other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received the Covered Code
that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application programming
interface and Contributor has knowledge of patent licenses which are reasonably
necessary to implement that API, Contributor must also include this information
in the LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are
Contributor's original creation(s) and/or Contributor has sufficient rights to
grant the rights conveyed by this License.
3.5. Required Notices.
You
must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a
particular Source Code file due to its structure, then You
must include such notice in a location (such as a relevant directory) where a
user would be likely to look for such a notice.
If You created one or more Modification(s) You
may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any
documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or more
recipients of Covered Code. 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 than 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.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code, and if You
include a notice stating that the Source Code version of the Covered Code is
available under the terms of this License, including a description of how and
where You have fulfilled the obligations of Section 3.2. The notice must be
conspicuously included in any notice in an Executable version, related
documentation or collateral in which You describe
recipients' rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under 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 version does not attempt to limit or alter the recipient's rights in
the Source Code version from the rights set forth in this License. If You distribute the Executable version 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 any
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.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code 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 Code.
4. Inability to Comply Due to Statute or
Regulation.
If it is impossible for You to comply with any
of the terms of this License with respect to some or all of the Covered Code
due to statute, judicial order, or regulation then You must: (a) comply with
the terms of this License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be included in the
LEGAL file described in Section 3.4 and must be included with all distributions
of the Source Code. Except to the extent prohibited by statute or regulation,
such description must be sufficiently detailed for a recipient of ordinary
skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has attached
the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation (''Netscape'') may publish revised
and/or new versions of the License from time to time. Each version will be
given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the
License, You may always continue to use it under the terms of that version. You
may also choose to use such Covered Code under the terms of any subsequent
version of the License published by Netscape. No one other than Netscape has the
right to modify the terms applicable to Covered Code created under this
License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code governed
by this License), You must (a) rename Your license so that the phrases
''Mozilla'', ''MOZILLAPL'', ''MOZPL'', ''Netscape'', "MPL", ''NPL''
or any confusingly similar phrase do not appear in your license (except to note
that your license differs from this License) and (b) otherwise make it clear
that Your version of the license contains terms which differ from the Mozilla
Public License and Netscape Public License. (Filling in the name of the Initial
Developer, Original Code or Contributor in the notice described in Exhibit A
shall not of themselves be deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE 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 CODE 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 CODE IS WITH YOU. SHOULD ANY COVERED CODE
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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. 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. All sublicenses to the Covered Code which are
properly granted shall survive any termination of this License. Provisions
which, by their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. If
You initiate litigation by asserting a patent infringement claim (excluding declatory judgment actions) against Initial Developer or a
Contributor (the Initial Developer or Contributor against whom You file such
action is referred to as "Participant") alleging that:
(a) such Participant's
Contributor Version directly or indirectly infringes any patent, then any and
all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of
this License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing
to pay Participant a mutually agreeable reasonable royalty for Your past and
future use of Modifications made by such Participant, or (ii) withdraw Your
litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of
notice, a reasonable royalty and payment arrangement are not mutually agreed
upon in writing by the parties or the litigation claim is not withdrawn, the
rights granted by Participant to You under Sections 2.1 and/or 2.2
automatically terminate at the expiration of the 60 day notice period specified
above.
(b) any software, hardware, or
device, other than such Participant's Contributor Version, directly or
indirectly infringes any patent, then any rights granted to You by such
Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the
date You first made, used, sold, distributed, or had made, Modifications made
by that Participant.
8.3. If
You assert a patent infringement claim against Participant alleging that such
Participant's Contributor Version directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or license.
8.4. In
the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding
distributors and resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive termination.
9. 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 CODE, 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 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.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a ''commercial item,'' as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of ''commercial computer software'' 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 Code with only those rights set forth herein.
11. 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 California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
the United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, 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.
12. 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.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as
Multiple-Licensed. Multiple-Licensed
means that the Initial Developer permits you to utilize portions of the Covered
Code under Your choice of the MPL or the alternative licenses, if any,
specified by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS
IS" basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the
License for the specific language governing rights and
limitations under the License.
The Original Code is Javassist.
The Initial Developer of the Original Code is Shigeru Chiba. Portions
created by the Initial Developer are
Copyright (C) 1999-2004 Shigeru Chiba. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of
the GNU Lesser General Public License Version 2.1 or later (the
"LGPL"), in which case the provisions of the LGPL are applicable
instead of those above. If you wish to allow use of your version of this file
only under the terms of the LGPL, and not to allow others to use your version
of this file under the terms of the MPL, indicate your decision by deleting the
provisions above and replace them with the notice and other provisions required
by the LGPL. If you do not delete the provisions above, a recipient may use
your version of this file under the terms of either the MPL or the LGPL.
Common Public License 1.0
HP Release Control includes junit-3.8.2 software.
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.
MIT License (as used in SLF4J)
HP Release Control includes
jcl104-over-slf4j- 1.43 software.
Copyright (c) 2004-2007 QOS.ch All rights reserved.
Permission is hereby granted, free of charge,
to any person obtaining a copy of this software and associated documentation
files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit
persons to whom the Software is furnished to do so, subject to the following
conditions: The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS",
WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE
FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER DEALINGS IN THE SOFTWARE
HP Universal CMDB Configuration Manager includes the
following software developed by Jeff Martin & Tim Bacon:
XMLUnit v.1.2
Copyright (c) 2001-2007, Jeff Martin, Tim Bacon. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
· Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
· Neither the name of the xmlunit.sourceforge.net nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
HP Universal
CMDB Configuration Manager includes the following software developed by
Dennis M. Sosnoski:
JibX v.1.2.1
The above
software is licensed for use under the BSD license. A copy of this license can
be found below, as well as at: http://jibx.sourceforge.net/jibx-license.html
Copyright (c) 2003-2005, Dennis M. Sosnoski
All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
· Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
·
Redistributions in binary form must
reproduce the above copyright notice, this list of conditions and the following
disclaimer in the documentation and/or other materials provided with the
distribution.
·
Neither the name of JiBX nor the names
of its contributors may be used to endorse or promote products derived from
this software without specific prior written permission.
THIS
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
The JiBX distribution also includes the Apache BCEL library
(http://jakarta.apache.org/bcel) and the XPP3 XMLPull parser implementation
(http://www.extreme.indiana.edu/soap/xpp/), with licenses included above and
below. In addition, the HTML documentation currently uses templates derived
from those used by the XDoclet project (http://xdoclet.sourceforge.net/).
HP Universal CMDB Configuration Manager Acme 1.0 software,
developed by Jef Poskanzer
<jef@mail.acme.com>,
Copyright (c) 2000. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1.
Redistributions of source
code must retain the above copyright notice, this list of conditions and the
following disclaimer.
2.
Redistributions in binary
form must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with
the distribution.
THIS SOFTWARE IS PROVIDED BY THE AUTHOR AND CONTRIBUTORS ``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 OR CONTRIBUTORS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
HP Universal CMDB Configuration Manager Management includes
the following software developed by Steve Waldman:
C3p0 v.0.9.0.2, v.0.9.1.2
HP Universal CMDB Configuration Manager includes the following software
developed by the JBoss Group:
Hibernate v.3.1.0.GA, v.3.3.1.GA, v.3.4.0.GA, 3.3.2GA
HP Universal CMDB Configuration Manager the following
software developed by Bruno Lowagie and Paulo Soares:
iText v.2.1.6
HP Universal CMDB Configuration Manager includes the
following software developed by Phil Everit:
jTDS v.1.2.2
C3p0, Hibernate, iText ,jTDS and SmartGWT
2.1 are licensed under the GNU LESSER GENERAL PUBLIC LICENSE, Copyright (c)
1991, 1999 Free Software Foundation, Inc.
GNU LESSER
GENERAL PUBLIC LICENSE
Version 2.1, February 1999
Copyright (C) 1991, 1999 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.
[This is the first released version of the Lesser GPL. It also counts
as the successor of the GNU Library Public License, version 2, hence
the version number 2.1.]
Preamble
The licenses for most software are designed to take
away your
freedom to share and change it. By contrast, the GNU General Public
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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.
HP Universal CMDB Configuration Manager includes the
following software developed by INRIA, France Telecom:
ASM v.3.1
Copyright (c) 2000-2005 INRIA, France Telecom. All rights
reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3. Neither the name of the copyright holders nor the names of its contributors
may be used to endorse or promote products derived from this software without
specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "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 COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER
CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
DOM4J v.1.6, v.1.6.1 shipped under:
Redistribution and use of this software and associated
documentation ("Software"), with or without modification, are
permitted provided that the following conditions are met:
1. Redistributions of source code must retain copyright statements and notices.
Redistributions must also contain a copy of this document.
2. Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the
following disclaimer in the documentation and/or other materials provided with
the distribution.
3. The name "DOM4J" must not be used to endorse or promote products
derived from this Software without prior written permission of MetaStuff, Ltd. For written permission, please contact
dom4j-info@metastuff.com.
4. Products derived from this Software may not be called "DOM4J" nor
may "DOM4J" appear in their names without prior written permission of
MetaStuff, Ltd. DOM4J is a registered trademark of MetaStuff, Ltd.
5. Due credit should be given to the DOM4J Project - http://www.dom4j.org
THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Freeware usage:
The following Jars are shipped under the SUN license agreement that can be
found below:
activation v.1.1.1
jaxb-api v.1.5
jaxb-impl v.1.5
jaxb-libs v.1.5
jaxb-xjc v.1.5
JSP v.2.1-6.1.11
JTA v.1.1
Servlet-API v.2.5-6.1.11
xsdlib v.1.5
Sun Microsystems, Inc.
Binary Code License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE
TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE
SOFTWARE
MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE
TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE
ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE
"ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO
ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF
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SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
*1. LICENSE TO USE.* Sun grants you a non-exclusive and
non-transferable license for the internal use only of the accompanying
software and documentation and any error corrections provided by Sun
(collectively "Software"), by the number of users and the class of
computer hardware for which the corresponding fee has been paid.
*2. RESTRICTIONS. * Software is confidential and
copyrighted. Title to
Software and all associated intellectual property rights is retained by
Sun and/or its licensors. Except as specifically authorized in any
Supplemental License Terms, you may not make copies of Software, other
than a single copy of Software for archival purposes. Unless
enforcement is prohibited by applicable law, you may not modify,
decompile, or reverse engineer Software. You acknowledge that Software
is not designed, licensed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
disclaims any express or implied warranty of fitness for such uses. No
right, title or interest in or to any trademark, service mark, logo or
trade name of Sun or its licensors is granted under this Agreement.
*3. LIMITED WARRANTY.* Sun warrants to you that for a period of ninety
(90) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if any) will be free
of defects in materials and workmanship under normal use. Except for
the foregoing, Software is provided "AS IS". Your exclusive remedy
and
Sun's entire liability under this limited warranty will be at Sun's
option to replace Software media or refund the fee paid for Software.
*4. DISCLAIMER OF WARRANTY. * UNLESS SPECIFIED IN THIS
AGREEMENT, ALL
EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT
THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
*5. LIMITATION OF LIABILITY.* TO THE EXTENT NOT PROHIBITED BY LAW, IN
NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR
PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE,
EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no
event will Sun's liability to you, whether in contract, tort (including
negligence), or otherwise, exceed the amount paid by you for Software
under this Agreement. The foregoing limitations will apply even if the
above stated warranty fails of its essential purpose.
*6. Termination.* This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of
Software. This Agreement will terminate immediately without notice from
Sun if you fail to comply with any provision of this Agreement. Upon
Termination, you must destroy all copies of Software.
*7. Export Regulations.* All Software and technical data delivered under
this Agreement are subject to US export control laws and may be subject
to export or import regulations in other countries. You agree to comply
strictly with all such laws and regulations and acknowledge that you
have the responsibility to obtain such licenses to export, re-export, or
import as may be required after delivery to you.
*8. U.S. Government Restricted Rights. * If Software is being acquired
by or on behalf of the U.S. Government or by a U.S. Government prime
contractor or subcontractor (at any tier), then the Government's rights
in Software and accompanying documentation will be only as set forth in
this Agreement; this is in accordance with 48 CFR 227.7201 through
227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48
CFR 2.101 and 12.212 (for non-DOD acquisitions).
*9. Governing Law.* Any action related to this
Agreement will be
governed by California law and controlling U.S. federal law. No choice
of law rules of any jurisdiction will apply.
*10. Severability.* If any provision of this Agreement is held to be
unenforceable, this Agreement will remain in effect with the provision
omitted, unless omission would frustrate the intent of the parties, in
which case this Agreement will immediately terminate.
*11. Integration.* This Agreement is the entire agreement between you
and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals,
representations and warranties and prevails over any conflicting or
additional terms of any quote, order, acknowledgment, or other
communication between the parties relating to its subject matter during
the term of this Agreement. No modification of this Agreement will be
binding, unless in writing and signed by an authorized representative of
each party.
JAVAMAIL^TM , VERSION 1.3.1
SUPPLEMENTAL LICENSE TERMS
These supplemental license terms ("Supplemental Terms") add to or
modify
the terms of the Binary Code License Agreement (collectively, the
"Agreement"). Capitalized terms not defined in these Supplemental
Terms
shall have the same meanings ascribed to them in the Agreement. These
Supplemental Terms shall supersede any inconsistent or conflicting terms
in the Agreement, or in any license contained within the Software.
*1. Software Internal Use and Development License Grant.* Subject to
the terms and conditions of this Agreement, including, but not limited
to Section 3 (Java(TM) Technology Restrictions) of these Supplemental
Terms, Sun grants you a non-exclusive, non-transferable, limited license
to reproduce internally and use internally the binary form of the
Software, complete and unmodified, for the sole purpose of designing,
developing and testing your Java applets and applications
("Programs").
*2. License to Distribute Software.* Subject to the terms and conditions
of this Agreement, including, but not limited to Section 3 (Java (TM)
Technology Restrictions) of these Supplemental Terms, Sun grants you a
non-exclusive, non-transferable, limited license to reproduce and
distribute the Software in binary code form only, provided that (i) you
distribute the Software complete and unmodified and only bundled as part
of, and for the sole purpose of running, your Java applets or
applications ("Programs"), (ii) the Programs add significant and
primary
functionality to the Software, (iii) you do not distribute additional
software intended to replace any component(s) of the Software, (iv) you
do not remove or alter any proprietary legends or notices contained in
the Software, (v) you only distribute the Software subject to a license
agreement that protects Sun's interests consistent with the terms
contained in this Agreement, and (vi) 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 Software.
*3. Java Technology Restrictions.* You may not modify
the Java Platform
Interface ("JPI", identified as classes contained within the
"java"
package or any subpackages of the "java"
package), by creating
additional classes within the JPI or otherwise causing the addition to
or modification of the classes in the JPI. In the event that you create
an additional class and associated API(s) which (i)
extends the
functionality of the Java platform, and (ii) is exposed to third party
software developers for the purpose of developing additional software
which invokes such additional API, you must promptly publish broadly an
accurate specification for such API for free use by all developers. You
may not create, or authorize your licensees to create additional
classes, interfaces, or subpackages that are in any
way identified as
"java", "javax", "sun"
or similar convention as specified by Sun in any
naming convention designation.
*4. Trademarks and Logos.* You acknowledge and agree as between you and
Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, STAROFFICE,
STARPORTAL and iPLANET trademarks and all SUN,
SOLARIS, JAVA, JINI,
FORTE, STAROFFICE, STARPORTAL and iPLANET-related
trademarks, service
marks, logos and other brand designations ("Sun Marks"), and you
agree
to comply with the Sun Trademark and Logo Usage Requirements currently
located at http://www.sun.com/policies/trademarks. Any use you make of
the Sun Marks inures to Sun's benefit.
*5. Source Code.* Software may contain source code that is provided
solely for reference purposes pursuant to the terms of this Agreement.
Source code may not be redistributed unless expressly provided for in
this Agreement.
*6. Termination for Infringement.* Either party may terminate this
Agreement immediately should any Software become, or in either party's
opinion be likely to become, the subject of a claim of infringement of
any intellectual property right.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network
Circle, Santa Clara, California 95054, U.S.A
/(LFI#132726/Form ID#011801)/
The following Jars are shipped under the SUN binary code license
agreement that can be found below:
SUN JRE v.1.6.0_13
relaxngDatatype v.1.5
Sun Microsystems, Inc. Binary Code License Agreement for the JAVA
SE RUNTIME ENVIRONMENT (JRE) VERSION 6 and JAVAFX RUNTIME VERSION 1
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE
SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT
CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF
THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON
AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE
TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND
THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
1. DEFINITIONS. "Software" means the identified above in
binary form, any other machine readable materials (including, but not limited
to, libraries, source files, header files, and data files), any updates or
error corrections provided by Sun, and any user manuals, programming guides and
other documentation provided to you by Sun under this Agreement. "General
Purpose Desktop Computers and Servers" means computers, including desktop,
laptop and tablet computers, or servers, used for general computing functions
under end user control (such as but not specifically limited to email, general
purpose Internet browsing, and office suite productivity tools). The use of
Software in systems and solutions that provide dedicated functionality (other
than as mentioned above) or designed for use in embedded or function-specific
software applications, for example but not limited to: Software embedded in or
bundled with industrial control systems, wireless mobile telephones, wireless
handheld devices, kiosks, TV/STB, Blu-ray Disc
devices, telematics and network control switching
equipment, printers and storage management systems, and other related systems
is excluded from this definition and not licensed under this Agreement.
"Programs" mean (a) Java applets and applications intended to run on
the Java Platform, Standard Edition (Java SE) on Java-enabled general purpose
desktop computers and servers, and (b) JavaFX
technology applications intended to run on the JavaFX
Runtime on JavaFX-enabled General Purpose Desktop
Computers and Servers.
2. LICENSE TO USE. Subject to the terms and conditions of this
Agreement, including, but not limited to the Java Technology Restrictions of
the Supplemental License Terms, Sun grants you a non-exclusive,
non-transferable, limited license without license fees to reproduce and use
internally Software complete and unmodified for the sole purpose of running
Programs. Additional licenses for developers and/or publishers are granted in
the Supplemental License Terms.
3. RESTRICTIONS. Software is confidential and copyrighted. Title
to Software and all associated intellectual property rights is retained by Sun
and/or its licensors. Unless enforcement is prohibited by applicable law, you
may not modify, decompile, or reverse engineer Software. You acknowledge that
Licensed Software is not designed or intended for use in the design,
construction, operation or maintenance of any nuclear facility. Sun
Microsystems, Inc. disclaims any express or implied warranty of fitness for
such uses. No right, title or interest in or to any trademark, service mark,
logo or trade name of Sun or its licensors is granted under this Agreement.
Additional restrictions for developers and/or publishers licenses are set forth
in the Supplemental License Terms.
4. LIMITED WARRANTY. Sun warrants to you that for a period of
ninety (90) days from the date of purchase, as evidenced by a copy of the
receipt, the media on which Software is furnished (if any) will be free of
defects in materials and workmanship under normal use. Except for the
foregoing, Software is provided "AS IS". Your exclusive remedy and
Sun's entire liability under this limited warranty will be at Sun's option to
replace Software media or refund the fee paid for Software. Any implied
warranties on the Software are limited to 90 days. Some states do not allow
limitations on duration of an implied warranty, 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.
5. 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.
6. 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.
7. TERMINATION. This Agreement is effective until terminated. You
may terminate this Agreement at any time by destroying all copies of Software.
This Agreement will terminate immediately without notice from Sun if you fail
to comply with any provision of this Agreement. Either party may terminate this
Agreement immediately should any Software become, or in either party's opinion
be likely to become, the subject of a claim of infringement of any intellectual
property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered
under this Agreement are subject to US export control laws and may be subject
to export or import regulations in other countries. You agree to comply
strictly with all such laws and regulations and acknowledge that you have the
responsibility to obtain such licenses to export, re-export, or import as may
be required after delivery to you.
9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you
and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE,
and iPLANET-related trademarks, service marks, logos
and other brand designations ("Sun Marks"), and you agree to comply
with the Sun Trademark and Logo Usage Requirements currently located at
http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
inures to Sun's benefit.
10. 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).
11. 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.
12. 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.
13. INTEGRATION. This Agreement is the entire agreement between
you and Sun relating to its subject matter. It supersedes all prior or
contemporaneous oral or written communications, proposals, representations and
warranties and prevails over any conflicting or additional terms of any quote,
order, acknowledgment, or other communication between the parties relating to
its subject matter during the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the
Binary Code License Agreement. Capitalized terms not defined in these
Supplemental Terms shall have the same meanings ascribed to them in the Binary
Code License Agreement . These Supplemental Terms
shall supersede any inconsistent or conflicting terms in the Binary Code
License Agreement, or in any license contained within the Software.
A. Software Internal Use and Development License Grant. Subject to
the terms and conditions of this Agreement and restrictions and exceptions set
forth in the Software "README" file incorporated herein by reference,
including, but not limited to the Java Technology Restrictions of these
Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited
license without fees to reproduce internally and use internally the Software
complete and unmodified for the purpose of designing, developing, and testing
your Programs.
B. License to Distribute Software. Subject to the terms and
conditions of this Agreement and restrictions and exceptions set forth in the
Software README file, including, but not limited to the Java Technology
Restrictions of these Supplemental Terms, Sun grants you a non-exclusive,
non-transferable, limited license without fees to reproduce and distribute the
Software (except for the JavaFX Runtime), provided
that (i) you distribute the Software complete and
unmodified and only bundled as part of, and for the sole purpose of running,
your Programs, (ii) the Programs add significant and primary functionality to
the Software, (iii) you do not distribute additional software intended to
replace any component(s) of the Software, (iv) you do not remove or alter any
proprietary legends or notices contained in the Software, (v) you only
distribute the Software subject to a license agreement that protects Sun's
interests consistent with the terms contained in this Agreement, and (vi) 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 Software.
C. 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.
D. Source Code. Software may contain source code that, unless
expressly licensed for other purposes, is provided solely for reference
purposes pursuant to the terms of this Agreement. Source code may not be
redistributed unless expressly provided for in this Agreement.
E. Third Party Code. Additional copyright notices and license
terms applicable to portions of the Software are set forth in the
THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of
any third party opensource/freeware license
identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty
and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code
License Agreement shall apply to all Software in this distribution.
F. Termination for Infringement. Either party may terminate this
Agreement immediately should any Software become, or in either party's opinion
be likely to become, the subject of a claim of infringement of any intellectual
property right.
G. Installation and Auto-Update.
The Software's installation and auto-update processes transmit a limited
amount of data to Sun (or its service provider) about those specific processes
to help Sun understand and optimize them.
Sun does not associate the data with personally identifiable information. You can find more information about the data
Sun collects at http://java.com/data/.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network
Circle, Santa Clara, California 95054, U.S.A.
HP Universal CMDB Configuration Manager includes the
following software developed by Jason Hunter & Brett McLaughlin:
JDOM v.1. 1
Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin. All rights reserved.
Redistribution and use in source and binary forms, with or without modification,
are permitted provided that the following conditions are met:
1. Redistributions of
source code must retain the above copyright notice, this list of conditions,
and the following disclaimer.
2. Redistributions in
binary form must reproduce the above copyright notice, this list of conditions,
and the disclaimer that follows these conditions in the documentation and/or
other materials provided with the distribution.
3. The name
"JDOM" must not be used to endorse or promote products derived from
this software without prior written permission.
For written permission, please contact <request_AT_jdom_DOT_org>.
4. Products derived from
this software may not be called "JDOM", nor may "JDOM"
appear in their name, without prior written permission from the JDOM Project
Management <request_AT_jdom_DOT_org>.
In addition, we request
(but do not require) that you include in the end-user documentation provided
with the redistribution and/or in the software itself an acknowledgement
equivalent to the following: "This product includes software developed by theJDOM Project (http://www.jdom.org/)."
Alternatively, the
acknowledgment may be graphical using the logos available at
http://www.jdom.org/images/logos.
THIS SOFTWARE IS PROVIDED
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE ARE DISCLAIMED. IN NO EVENT
SHALL THE JDOM AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,
BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,
DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This software consists of
voluntary contributions made by many individuals on behalf of the JDOM Project
and was originally created by Jason Hunter <jhunter_AT_jdom_DOT_org>
and Brett McLaughlin <brett_AT_jdom_DOT_org>. For more information on the JDOM Project,
please see <http://www.jdom.org/>.
HP Universal CMDB Configuration Manager includes the
following software developed by the Legion of The Bouncy Castle:
bcprov-jdk14 v.1.3.6
Copyright (c) 2000 - 2009 The Legion Of
The Bouncy Castle (http://www.bouncycastle.org)
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be
included in all copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO
EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
HP Universal CMDB Configuration Manager includes the
following software developed by the Werken Company:
JAXEN v.1.1.1
Copyright 2003-2006 The Werken Company. All Rights Reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
* Redistributions of
source code must retain the above copyright notice, this list of conditions and
the following disclaimer.
* Redistributions in
binary form must reproduce the above copyright notice, this list of conditions
and the following disclaimer in the documentation and/or other materials
provided with the distribution.
* Neither the name of the Jaxen Project nor the names of its contributors may be used
to endorse or promote products derived from this software without specific
prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "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
COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER
IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE.
HP Universal CMDB Configuration Manager includes the
following software developed by QOS.ch:
SLF4J v.1.5.6
Copyright (c) 2004-2007 QOS.ch All rights reserved.
Permission is hereby granted, free of charge, to any person
obtaining a copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons to whom
the Software is furnished to do so, subject to the following conditions: The
above copyright notice and this permission notice shall be included in all copies
or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO
EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES
OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
HP Universal CMDB Configuration Manager includes the
following software developed by
h2 v.1.0.78
H2 License, Version 1.0
1. Definitions
1.0.1. "Commercial Use" means distribution or otherwise
making the Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Code, prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or
Modifications or the combination of the Original Code and Modifications, in
each case including portions thereof.
1.4. "Electronic Distribution Mechanism" means a
mechanism generally accepted in the software development community for the
electronic transfer of data.
1.5. "Executable" means Covered Code in any form other
than Source Code.
1.6. "Initial Developer" means the individual or entity
identified as the Initial Developer in the Source Code notice required by
Exhibit A.
1.7. "Larger Work" means a work which combines Covered
Code or portions thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "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 any addition to or deletion
from the substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files, a
Modification is:
1.9.a. Any addition to
or deletion from the contents of a file containing Original Code or previous
Modifications.
1.9.b. Any new file
that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer
software code which is described in the Source Code notice required by Exhibit
A as Original Code, and which, at the time of its release under this License is
not already Covered Code governed by this License.
1.10.1. "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.
1.11. "Source Code" means the preferred form of the
Covered Code for making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to control
compilation and installation of an Executable, or source code differential
comparisons against either the Original Code or another well known, available
Covered Code of the Contributor's choice. The Source Code can be in a
compressed or archival form, provided the appropriate
decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or
a legal entity exercising rights under, and complying with all of the terms of,
this License or a future version of this License issued under Section 6.1. 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. Source Code License
2.1. The Initial Developer Grant
The Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license, subject to third party
intellectual property claims:
2.1.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 Code (or portions thereof) with
or without Modifications, and/or as part of a Larger Work; and
2.1.b. under Patents Claims infringed by the making, using or
selling of Original Code, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Code (or portions thereof).
2.1.c. the licenses granted in this
Section 2.1 (a) and (b) are effective on the date Initial Developer first
distributes Original Code under the terms of this License.
2.1.d. Notwithstanding Section 2.1 (b) above, no patent license is
granted: 1) for code that You delete from the Original Code; 2) separate from
the Original Code; or 3) for infringements caused by: i)
the modification of the Original Code or ii) the combination of the Original
Code with other software or devices.
2.2. Contributor Grant
Subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide,
royalty-free, non-exclusive license
2.2.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 Code and/or as part of a Larger Work; and
2.2.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).
2.2.c. the licenses granted in Sections
2.2 (a) and 2.2 (b) are effective on the date Contributor first makes
Commercial Use of the Covered Code.
2.2.c. Notwithstanding Section 2.2 (b) above, no patent license is
granted: 1) for any code that Contributor has deleted from the Contributor
Version; 2) separate from the Contributor Version; 3) 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
4) under Patent Claims infringed by Covered Code in the absence of
Modifications made by that Contributor.
3. Distribution Obligations
3.1. Application of License
The Modifications which You create or to
which You contribute are governed by the terms of this License, including
without limitation Section 2.2. The Source Code version of Covered Code may be
distributed only under the terms of this License or a future version of this
License released under Section 6.1, and You must include a copy of this License
with every copy of the Source Code You distribute. You may not offer or impose
any terms on any Source Code version that alters or restricts the applicable version
of this License or the recipients' rights hereunder. However, You may include an additional document offering the
additional rights described in Section 3.5.
3.2. Availability of Source Code
Any Modification which You create or to which You contribute must
be made available in Source Code form under the terms of this License either on
the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism, must
remain available for at least twelve (12) months after the date it initially
became available, or at least six (6) months after a subsequent version of that
particular Modification has been made available to such recipients. You are
responsible for ensuring that the Source Code version remains available even if
the Electronic Distribution Mechanism is maintained by a third party.
3.3. Description of Modifications
You must cause all Covered Code to which You
contribute to contain a file documenting the changes You made to create that
Covered Code and the date of any change. You must include a prominent statement
that the Modification is derived, directly or indirectly, from Original Code
provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable
version or related documentation in which You describe
the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
3.4.a. Third Party Claims: If Contributor
has knowledge that a license under a third party's intellectual property rights
is required to exercise the rights granted by such Contributor under Sections
2.1 or 2.2, Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the party
making the claim in sufficient detail that a recipient will know whom to
contact. If Contributor obtains such knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify the
LEGAL file in all copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or newsgroups)
reasonably calculated to inform those who received the Covered Code that new
knowledge has been obtained.
3.4.b. Contributor APIs: If Contributor's
Modifications include an application programming interface and Contributor has
knowledge of patent licenses which are reasonably necessary to implement that
API, Contributor must also include this information in the legal file.
3.4.c. Representations: Contributor
represents that, except as disclosed pursuant to Section 3.4 (a) above,
Contributor believes that Contributor's Modifications are Contributor's original
creation(s) and/or Contributor has sufficient rights to grant the rights
conveyed by this License.
3.5. Required Notices
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a particular Source
Code file due to its structure, then You must include
such notice in a location (such as a relevant directory) where a user would be
likely to look for such a notice. If You created one
or more Modification(s) You may add your name as a Contributor to the notice
described in Exhibit A. You must also duplicate this License in any
documentation for the Source Code where You describe
recipients' rights or ownership rights relating to Covered Code. You may choose
to offer, and to charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Code. 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
than 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.
3.6. Distribution of Executable Versions
You may distribute Covered Code in Executable form only if the
requirements of Sections 3.1, 3.2, 3.3, 3.4 and 3.5 have been met for that
Covered Code, and if You include a notice stating that the Source Code version
of the Covered Code is available under the terms of this License, including a
description of how and where You have fulfilled the obligations of Section 3.2.
The notice must be conspicuously included in any notice in an Executable
version, related documentation or collateral in which You
describe recipients' rights relating to the Covered Code. You may distribute
the Executable version of Covered Code or ownership rights under 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 version does not attempt to limit or alter the recipient's
rights in the Source Code version from the rights set forth in this License. If
You distribute the Executable version 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 any
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.
3.7. Larger Works
You may create a Larger Work by combining Covered Code 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 Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply
with any of the terms of this License with respect to some or all of the
Covered Code due to statute, judicial order, or regulation then You must: (a)
comply with the terms of this License to the maximum extent possible; and (b)
describe the limitations and the code they affect. Such description must be
included in the legal file described in Section 3.4 and must be included with
all distributions of the Source Code. Except to the extent prohibited by
statute or regulation, such description must be sufficiently detailed for a
recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions
The H2 Group may publish revised and/or new versions of the
License from time to time. Each version will be given a distinguishing version
number.
6.2. Effect of New Versions
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of that version.
You may also choose to use such Covered Code under the terms of any subsequent
version of the License published by the H2 Group. No one other than the H2
Group has the right to modify the terms applicable to Covered Code created
under this License.
6.3. Derivative Works
If You create or use a modified version of this License (which you
may only do in order to apply it to code which is not already Covered Code
governed by this License), You must (a) rename Your license so that the phrases
"H2 Group", "H2" or any confusingly similar phrase do not
appear in your license (except to note that your license differs from this
License) and (b) otherwise make it clear that Your version of the license
contains terms which differ from the H2 License. (Filling in the name of the
Initial Developer, Original Code or Contributor in the notice described in
Exhibit A shall not of themselves be deemed to be modifications of this
License.)
7. Disclaimer of Warranty
Covered code 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 code 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 code is with you.
Should any covered code 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 code is authorized hereunder except
under this disclaimer.
8. Termination
8.1. 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.
All sublicenses to the Covered Code which are properly granted shall survive
any termination of this License. Provisions which, by their nature, must remain
in effect beyond the termination of this License shall survive.
8.2. If You initiate litigation by
asserting a patent infringement claim (excluding declaratory judgment actions)
against Initial Developer or a Contributor (the Initial Developer or
Contributor against whom You file such action is referred to as
"Participant") alleging that:
8.2.a. such Participant's Contributor Version directly or
indirectly infringes any patent, then any and all rights granted by such
Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60
days notice from Participant terminate prospectively, unless if within 60 days
after receipt of notice You either: (i) agree in
writing to pay Participant a mutually agreeable reasonable royalty for Your
past and future use of Modifications made by such Participant, or (ii) withdraw
Your litigation claim with respect to the Contributor Version against such
Participant. If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or the
litigation claim is not withdrawn, the rights granted by Participant to You
under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the
60 day notice period specified above.
8.2.b. any software, hardware, or device, other than such
Participant's Contributor Version, directly or indirectly infringes any patent,
then any rights granted to You by such Participant under Sections 2.1(b) and
2.2(b) are revoked effective as of the date You first made, used, sold,
distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly or indirectly
infringes any patent where such claim is resolved (such as by license or
settlement) prior to the initiation of patent infringement litigation, then the
reasonable value of the licenses granted by such Participant under Sections 2.1
or 2.2 shall be taken into account in determining the amount or value of any
payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above,
all end user license agreements (excluding distributors and resellers) which
have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9. 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 code, 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 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.
10. United States Government End Users
The Covered Code is a "commercial item", as that term is
defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial
computer software" and "commercial computer software
documentation", as such terms are used in 48 C.F.R. 12.212 (September
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 Code with
only those rights set forth herein.
11. 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 California law provisions
(except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one
party is a citizen of, or an entity chartered or registered to do business in
United States of America, any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern District of
California, with venue lying in Santa Clara County, California, 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.
12. 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.
13. Multiple-Licensed Code
Initial Developer may designate portions of the Covered Code as
"Multiple-Licensed". "Multiple-Licensed" means that the
Initial Developer permits you to utilize portions of the Covered Code under
Your choice of this or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.
Exhibit A
Multiple-Licensed under the H2 License, Version 1.0,
and under the Eclipse Public
License, Version 1.0
(http://h2database.com/html/license.html).
Initial Developer: H2 Group
Eclipse Public License - Version 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.
HP Universal CMDB Configuration Manager includes the
following software developed by Steve Purcell, Vidar Holen, Michal Ceresna
& Ewan Mellor:
JARGS v.1.0
Copyright (c) 2001-2003 Steve Purcell.
Copyright (c) 2002 Vidar Holen.
Copyright (c) 2002
Michal Ceresna.
Copyright (c) 2005 Ewan
Mellor.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this
list of conditions and the following disclaimer. Redistributions in binary form
must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with
the distribution. Neither the name of the copyright holder nor the names of its
contributors may be used to endorse or promote products derived from this
software without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND
CONTRIBUTORS "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
COPYRIGHT HOLDERS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR
OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
Copyright (c) 2000 -
2009 The Legion Of The Bouncy Castle
(http://www.bouncycastle.org)
Permission is hereby
granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the
Software without restriction, including without limitation the rights to use,
copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the
Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:
The above copyright
notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS
PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
Jsr311-api
1.1.1
Jersey
1.3
--------------------------------------------------------------------
COMMON
DEVELOPMENT AND DISTRIBUTION LICENSE 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 Modifications;
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)
For
Covered Software in this distribution, this License 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.
HP Universal CMDB Configuration Manager includes the
following software developed by Sun Microsystems:
JAXB v.2.1.3
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.
This product includes software licensed under the GNU General Public License and other open source software licenses. Source code for the open source software is available in the following location: <HP Universal CMDB Configuration Manager directory>\3rd-party-sources.
Visit the HP Support web site at: HP Software Support Online.
The web site provides contact information and details about the products,
services, and support that HP Software offers. The online support provides
customer self-solve capabilities. It provides a fast and efficient way to
access interactive technical support tools needed to manage your business. As a
valued support customer, you can benefit by using the web site to:
·
Search for knowledge documents of interest
·
Submit and track progress on support cases
·
Submit enhancement requests online
·
Download software patches
·
Manage a support contract
·
Look up HP support contacts
·
Review information about available services
·
Enter discussions with other software customers
·
Research and register for software training
To access the self-solve knowledge base,
visit the Self-solve
knowledge search home page.
Most of the support
areas require that you register as an HP Passport user and sign in. Many also
require an active support contract. To find more information about support
access levels, go to: Access levels.
To register for an HP Passport ID, go to: HP
Passport Registration.
The only warranties for HP products and
services are set forth in the express warranty statements accompanying such
products and services. Nothing herein should be construed as constituting an
additional warranty. HP shall not be liable for technical or editorial errors
or omissions contained herein. The information contained herein is subject to
change without notice. Confidential computer software.
Valid license from HP required for possession, use or copying. Consistent with
FAR 12.211 and 12.212, Commercial Computer Software, Computer Software
Documentation, and Technical Data for Commercial Items are licensed to the U.S.
Government under vendor's standard commercial license.
© Copyright 2010 Hewlett-Packard Development
Company, L.P.
Oracle® is a registered US trademark of
Oracle Corporation, Redwood City, California.
Microsoft® and Windows® are U.S. registered
trademarks of Microsoft Corporation.
Adobe® is a trademark of Adobe Systems
Incorporated.
© 2010 Hewlett-Packard Development Company,
L.P.