Notices and Information
RICOH ProcessDirector Version 3.5
The Ricoh license agreement and any applicable information on the web download page for Ricoh products refers you to this file for details concerning notices applicable to Third Party Programs included in the products listed above or otherwise identified as Third Party Programs in the License Information document for the above-listed products ("the Program").
The following are Third Party Programs:
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Program |
Applicable license |
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ACE TAO |
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AJAX All in One |
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Apache Ant |
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Apache Axis 2/Java |
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Apache Jakarta Commons Bean Utils |
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Apache Jakarta Commons Codec |
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Apache Jakarta Commons Collections |
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Apache Jakarta Commons Digester |
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Apache Jakarta Commons FileUpload |
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Apache Jakarta Commons HttpClient |
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Apache Jakarta Commons IO |
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Apache Jakarta Commons Lang |
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Apache Jakarta Commons Logging |
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Apache Jakarta Commons Validator |
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Apache Jakarta Taglibs |
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Apache log4j |
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Apache Mime4J |
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Apache ORO |
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Apache Struts |
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Apache Tomcat |
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Apache Xerces |
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Apache Xalan-Java |
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Artifex Ghostscript PCL |
None |
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As3-rpclib |
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AutoComplete |
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backbone.js |
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Barcode Writer |
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Bidi |
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BigDigits |
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BlazeDS |
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Bzip2 |
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CGLIB |
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ClibPDF |
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CLX C++ Libraries |
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CompositeRollingFileAppender |
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Custom-context-menu |
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Datalogics PDF Java Toolkit |
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dotdotdot |
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dlmalloc |
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Eclipse Help System |
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Eclipse Babel Language Packs |
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ECMAScript |
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Flexlib |
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FreeType Library 2 |
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Groovy |
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H2 Database Engine |
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HD Photo |
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IBM DB2 Enterprise Server Edition Version 10.5.0.5 |
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IBM 64 bit SDK for AIX, Java™ Technology Edition, Version 8.0 |
IBM International License Agreement for Non-Warranted Programs |
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ICanHaz.js |
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IJG JPEG Library |
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InfoPrint Ink Savvy Feature |
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InfoZIP |
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International Components for Unicode (ICU4C) |
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International Components for Unicode (ICU4J) |
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JasperReports |
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JasperReports Library |
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Java 2 Platform, Standard Edition Development Kit, Version 7.0 |
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JavaMail |
Common Development and Distribution License (CDDL) Version 1.0 |
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Jetty |
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Jetty Java Http Servlet Server |
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Jetty Servlet API |
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Jetty Util |
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JQGrid |
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JQuery |
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jquery baloon |
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jquery externalinterface |
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jquery i18n properties |
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jquery tooltip |
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JQuery UI |
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JQuery UI Layout |
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jScrollpane |
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Jsonic |
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Jython |
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Krysalis Barcode4J |
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libcurl |
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libdmtx |
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libgcc |
GNU General Public License 3.0 with GCC Runtime Library Exception |
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libpng |
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libstdc++ |
GNU General Public License 3.0 with GCC Runtime Library Exception |
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libtiff |
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Little CMS |
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log4cxx |
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lutung |
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MarionetteJS |
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Microsoft C++ Redistributable libraries (RICOH ProcessDirector for Windows only) |
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overLIB |
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PDFBox |
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Picojson |
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Prototype |
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Raphael.JSON |
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Reflections |
BSD 3-clause*** |
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Regexp |
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RequireJS |
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RICO- Rich Ajax Framework |
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SafeNet code |
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Saxon XSLT and XQuery Processor - Saxon-HE |
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Sfntly |
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SlickGrid |
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SNMP4J |
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Spring WS Core |
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Strawberry Perl |
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Swing Layout Extensions |
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Swiz Framework |
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text.js |
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UnboundID LDAP SDK |
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underscore.js |
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UNICODE |
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WSDL4J - wsdl4j:wsdl4j |
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Yahoo! User Interface Library |
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Zip4j |
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Zlib |
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zxing |
Copyright and Licensing Information for ACE(TM), TAO(TM), and CIAO(TM)
[1]ACE(TM), [2]TAO(TM) and [3]CIAO(TM) are copyrighted by [4]Douglas C. Schmidt and his [5]research group at [6]Washington University, [7]University of California, Irvine, and [8]Vanderbilt University Copyright (c) 1993-2003, all rights reserved. Since ACE+TAO+CIAO are open-source, free software, you are free to use, modify, copy, and distribute–perpetuallyand irrevocably–the ACE+TAO+CIAO source code and object code produced from the source, as well as copy and distribute modified versions of this software. You must, however, include this copyright statement along with code built using ACE +TAO+CIAO.
You can use ACE+TAO+CIAO in proprietary software and are under no obligation to redistribute any of your source code that is built using ACE+TAO+CIAO. Note, however, that you may not do anything to the ACE+TAO+CIAO code, such as copyrighting it yourself or claiming authorship of the ACE+TAO +CIAO code, that will prevent ACE+TAO+CIAO from being distributed freely using an open-source development model. You needn't inform anyone that you're using ACE+TAO+CIAO in your software, though we encourage you to let [9]us know so we can promote your project in the [10]ACE+TAO+CIAO success stories.
ACE+TAO+CIAO are provided as is with no warranties of any kind, including the warranties of design, merchantability, and fitness for a particular purpose, noninfringement, or arising from a course of dealing, usage or trade practice. Moreover, ACE+TAO+CIAO are provided with no support and without any obligation on the part of Washington University, UC Irvine, Vanderbilt University, their employees, or students to assist in its use, correction, modification, or enhancement. A [11]number of companies provide commercial support for ACE and TAO, however. ACE, TAO and CIAO are Y2K-compliant, as long as the underlying OS platform is Y2K-compliant.
Washington University, UC Irvine, Vanderbilt University, their employees, and students shall have no liability with respect to the infringement of copyrights, trade secrets or any patents by ACE+TAO+CIAO or any part thereof. Moreover, in no event willWashington University, UC Irvine, or Vanderbilt University, their employees, or students be liable for any lost revenue or profits or other special, indirect and consequential damages.
The [12]ACE, [13]TAO and [14]CIAO web sites are maintained by the [15]Center for Distributed Object Computing of Washington University for the development of open-source software as part of the [16]open-source software community. By submitting comments, suggestions, code, code snippets, techniques (including that of usage), and algorithms, submitters acknowledge that they have the right to do so, that any such submissions are given freely and unreservedly, and that they waive any claims to copyright or ownership. In addition, submitters acknowledge that any such submission might become part of the copyright maintained on the overall body of code, which comprises the [17]ACE, [18]TAO and [19] CIAO software. By making a submission, submitter agree to these terms. Furthermore, submitters acknowledge that the incorporation or modification of such submissions is entirely at the discretion of the moderators of the open-source ACE+TAO+CIAO projects or their designees.
The names ACE(TM), TAO(TM), CIAO(TM), Washington University, UC Irvine, and Vanderbilt University, may not be used to endorse or promote products or services derived from this source without express written permission from Washington University, UC Irvine, or Vanderbilt University. Further, products or services derived from this source may not be called ACE(TM), TAO(TM), or CIAO(TM) nor may the name Washington University, UC Irvine, or Vanderbilt University appear in their names, without express written permission from Washington University, UC Irvine, and Vanderbilt University.
If you have any suggestions, additions, comments, or questions, please let [20] me know.
[21]Douglas C. Schmidt
_______________________________________
Back to the [22] ACE home page.
Last modified 21:26:22 CST 03 November 2003
Version 2.0, January 2004
http://www.apache.org/licenses/
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Please read the different LICENSE files present in the root directory of this distribution.
END OF APACHE 2.0 LICENSE
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 ``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.
Copyright (c) 2007, Akeem Philbert (based on the work of (between others): Jesse Warden, Xavi Beumala, Renaun Erickson, Carlos Rovira)
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
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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.
No copyright available.
This software is licensed as "freeware." Permission to distribute this software in source and binary forms, including incorporation into other products, is hereby granted without a fee. THIS SOFTWARE IS PROVIDED 'AS IS' AND WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AUTHOR SHALL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THIS SOFTWARE, EITHER DIRECTLY OR INDIRECTLY, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR DATA BEING RENDERED INACCURATE.
Copyright © 1991-2010 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.
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C. Warranties and Disclaimers.
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EXHIBIT 1
UNICODE, INC. LICENSE AGREEMENT - DATA FILES AND SOFTWARE
Unicode Data Files include all data files under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, and http://www.unicode.org/cldr/data/. Unicode Data Files do not include PDF online code charts under the directory http://www.unicode.org/Public/. Software includes any source code published in the Unicode Standard or under the directories http://www.unicode.org/Public/, http://www.unicode.org/reports/, and http://www.unicode.org/cldr/data/.
NOTICE TO USER: Carefully read the following legal agreement. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.
COPYRIGHT AND PERMISSION NOTICE
Copyright © 1991-2010 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and any associated documentation (the "Data Files") or Unicode software and any associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that (a) the above copyright notice(s) and this permission notice appear with all copies of the Data Files or Software, (b) both the above copyright notice(s) and this permission notice appear in associated documentation, and (c) there is clear notice in each modified Data File or in the Software as well as in the documentation associated with the Data File(s) or Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE 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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.
Unicode and the Unicode logo are trademarks of Unicode, Inc. in the United States and other countries. All third party trademarks referenced herein are the property of their respective owners.
Access to Copyright and terms of use
<http://www.unicode.org/copyright.html>
BigDigits is under a permissive license (http://www.di-mgt.com.au/bigdigitsCopyright.txt)
******** COPYRIGHT AND LICENCE NOTICE *********
This source code is part of the BIGDIGITS multiple-precision arithmetic library Version 2.2 originally written by David Ireland, copyright (c) 2001-8 D.I. Management Services Pty Limited, all rights reserved. You are permitted to use compiled versions of this code at no charge as part of your own executable files and to distribute unlimited copies of such executable files for any purposes including commercial ones provided you agree to these terms and conditions and keep the copyright notices intact in the source code and you ensure that the following characters remain in any object or executable files you distribute AND clearly in any accompanying documentation:
"Contains BIGDIGITS multiple-precision arithmetic code originally written by David Ireland, copyright (c) 2001-8 by D.I. Management Services Pty Limited <www.di-mgt.com.au>, and is used with permission."
David Ireland and DI Management Services Pty Limited make no representations concerning either the merchantability of this software or the suitability of this software for any particular purpose. It is provided "as is" without express or implied warranty of any kind. Our liability will be limited exclusively to the refund of the money you paid us for the software, namely nothing. By using the software you expressly agree to such a waiver. If you do not agree to the terms, do not use the software.
Please forward any comments and bug reports to <www.di-mgt.com.au>. The latest version of the source code can be downloaded from <www.di-mgt.com.au/bigdigits.html>.
Last updated: 31 July 2008.
******* END OF COPYRIGHT AND LICENCE NOTICE ******
Copyrighted by Julian R Seward (jseward@acm.org), BSD style.
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 AUTHOR ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Julian Seward, Cambridge, UK.
jseward@acm.org
bzip2/libbzips version 1.0.2 of 30 December 2001
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 is a license agreement between FastIO Systems, Inc. (hereinafter referred to as the "Licensor") and ________________ (hereinafter referred to as the "Licensee") in which Licensor grants Licensee certain rights in the software known as "FastIO ClibPDF Library." The "Program", as used below, refers to the current release version of such program at the time of this agreement. The Program is copyrighted work, and its title and copyright are held by Licensor.
BY USING, MODIFYING OR DISTRIBUTING THE PROGRAM OR ANY LARGER WORK THAT IS BASED ON THE PROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THIS LICENSE, AND ALL ITS TERMS AND CONDITIONS FOR COPYING, DISTRIBUTING OR MODIFYING THE PROGRAM OR PRODUCING LARGER WORK BASED ON IT. NOTHING OTHER THAN THIS LICENSE GRANTS YOU PERMISSION TO MODIFY OR DISTRIBUTE THE PROGRAM OR ITS DERIVATIVE WORKS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE PROGRAM IN ANY FORM OR MANNER. COMMERCIAL USERS MUST ADDITIONALLY EXECUTE THE AGREEMENT WITH AUTHORIZED SIGNATURES.
"Source Code" means a collection of files for the Program in forms that are used for originally creating it or making modifications to it, including all modules it contains, plus any associated interface definition files, scripts and files containing development environment settings used to control compilation and installation of an Executable, or a list of differential comparisons between different versions of it.
"Executable" means the Program in any form other than source code.
"Larger Work" or "Derivative Work" means any work which combines the Program or portions thereof with code not governed by the terms of this License.
"You" means the Licensee, 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 7.1. For legal entities, "you" includes any entity which controls, is controlled by, or is under common control with you.
"Use" means an act of copying, editing, modifying, incorporating, distributing, and executing (or running) the Program or a subset thereof, or any Larger Work. A Use of the Program or its subset or any Larger Work in an application program or any Executable is defined as having these programs make application programming interface (API) calls in any Larger Work to the Program or any portion of it in any form, regardless of whether the Program or any portion of it is complied and included in the Executable, or the Program as a whole or any part thereof or the Larger Work reside in a shared library, loadable module, or dynamic link library (DLL), and regardless of whether the application programs and the Program run on the same central processing unit (CPU) or on separate CPUs via bus, interconnection, or network. Whether the shared library, loadable module, or DLL containing any portion or form of the Program has been obtained separately from users exempt from Commercial Use license fees is irrelevant to the determination of Commercial Use status of an application program. Calling wrapper or stub functions to ClibPDF functions under different groupings or names is still considered as the use of the API.
"Commercial Use" means any Use, as defined in section 1.5, of the Program or Larger Work for which any payment, profit or financial gain is sought directly or indirectly, regardless of whether the payment or gain is actually realized, and regardless of whether it is realized immediately or in the future (or in the past, if it is possible). The following examples are considered as instances of Commercial Use (This is not an exhaustive enumeration):
- Use of the Program or any Larger Work in any application programs, modules or plug-ins, shared libraries, loadable modules, dynamic link libraries (DLLs) that are sold or licensed commercially in accordance with the definition of Commercial Use as defined in Section 1.6 of this License.
- Deployment of the Program or any Larger Work on a Internet or Intranet for server-side applications including, but not limited to, Commercial Uses as a part of World Wide Web services, or as a downloadable plug-in or applets in Web browser or any client application.
- Use of the Program or any Larger Work in an application program used in any business-related activities, including but not limited to industrial or laboratory testing, production or process control, product research and development, factory automation, quality and inventory control, report generation, production planning and executive or any level of decision making.
i. Use in Single End-User Product or Application: $1,000
ii. Web Serving Single IP Address: $1,000
iii. Server-side Application License: $5,000
iv. Unlimited Corporate-wide License: $5,000
v. Unlimited Server-side Application License: $15,000
vi. Unlimited Multi-national World-wide Corporate License: $25,000
vii. Inclusion in a commercial software development environment/library: (please contact the Licensor)If 1) or 2), list the product name or IP number/server hostname.
A Corporate-wide License applies to one incorporated unit and does not extend to subsidiaries. Corporations whose stocks are issued or traded separately are considered separate corporations by definition, and therefore cannot share a Corporate-wide license. Multi-national World-wide Corporate License covers groups of companies that are majority owned (ownership of more than 50%) by Licensee.
A Server-side application license allows Licensee to Use the Program in any number of serverside applications and distribute them in unlimited manner.
Licensee, at its option, may elect to upgrade the License to a new version of the Program (the Upgrade Payment) at an additional fee, if more than two (2) years have elapsed from the date of this agreement or after the date of delivery of paid upgrades thereafter. Licensee is entitled to upgrades without charge, if and when they become available, for a duration of two years from the date of this agreement or after the date of delivery of paid upgrades thereafter. Availability, schedule and pricing of updates to the Program is solely determined by Licensor, and Licensor is not obligated to release updates for the Program. If you do not wish to upgrade, you may continue to Use the version of the Program obtained under a valid license in perpetuity. License Fee is non-refundable under any circumstance, even if Use ceases for any reason for a product, application, discontinuation of web servers, or due to corporate mergers or a termination of corporation. However, the License may be transferred to another product or Web server if the Use do not overlap within the Licensee organization.
LICENSES
Licensor hereby grants Licensee a non-exclusive world-wide perpetual license to Use the Program, provided that Commercial License Fee as set forth in section 1.8 has been paid if applicable, and subject to third party intellectual property claims, and provided that you comply with all of the conditions set forth in this License.
CONDITIONS.
This License is subject to the following conditions:
LICENSE FEE AND PAYMENT.
FastIO Systems, Inc.
718 Cornell Ave.
Albany, California 94706
U.S.A.
or the current address noted on the FastIO Systems' Web site: http://www.fastio.com/
EXEMPTIONS AND DEFERMENT OF COMMERCIAL LICENSE FEE.
Exempt users listed herein are not required to send the signed license agreement to the Licensor. However, you are still bound by all applicable conditions and requirements as set forth in this License.
Uses, modifications, distributions, or deployments of the Program or Larger Work by educational institutions, non-profit organizations, and governments are exempt from Commercial Use license fees. Uses by consultants, contractors to non-profit organizations are exempt under this provision if the Use of the Program or Larger Work is solely in projects for these non-profit organizations and the rights to the resulting work including the source code belong to the nonprofit organization. If the contractors or consultants retain the rights to the resulting work including rights to sell or use the resulting work elsewhere, the exemption does not apply.
Non-profit uses, modifications, and distributions of the Program or Larger Work by a private individual are exempt from Commercial Use license fees. An example of use that does not fall under this exemption is the for-profit uses by individuals, such as in consulting or private business practices.
Executing (running) a program or application that incorporates the Program or Larger Work is exempt from License Fee if you have obtained the Program or Larger Work in binary executable form only, and you do not own, control the rights to, or Use any portion of the source code of the Larger Work or any portion of the source code that makes API calls to the Program or Larger Work.
Commercial Use in shareware applications that use the Program or any Larger Work is exempt from license fees until the cumulative total gross receipt of payments for all of your shareware applications that Use the Program exceeds ten (10) times the Commercial Use license fee for the Program. Thereafter, the shareware applications enjoy no special status and you must obtain Commercial Use license from the Licensor.
INTELLECTUAL PROPERTY MATTERS
If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code or Executable distribution titled "LEGAL" which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. The LEGAL file must be prominently visible by any file or directory viewer and file listing commands, and reside in the same prominently visible directory or folder containing this License. If you obtain such knowledge after you make your modification or Larger Work available to others, You shall promptly modify the LEGAL file in all copies you make available thereafter, notify FastIO Systems in writing or e-mail (fastio@fastio.com) and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Program that new knowledge has been obtained.
If your modification or Larger Work includes an application programming interface (API), technology or algorithm, and you own or control patents which are reasonably necessary to implement that API, technology or algorithm, you must also include this information in the LEGAL file.
VERSIONS OF THE LICENSE.
FastIO Systems may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. The latest version of the License is available from http://www.fastio.com/LICENSE.pdf
Once the Program 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 the Program under the terms of any subsequent version of the License published by FastIO Systems. No one other than FastIO Systems has the right to modify the terms applicable to the Program created under this License.
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 part of the Program governed by this License), you must (a) rename Your license so that the phrases "FastIO", "ClibPDF" or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the FastIO ClibPDF Software License.
DISCLAIMER OF WARRANTY.
THE PROGRAM 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 PROGRAM IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD ANY PART OF THE PROGRAM PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT FASTIO SYSTEMS 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 PART OF THE PROGRAM IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
TERMINATION.
This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein, including non-payment of license fees, and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Program 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.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL FASTIO SYSTEMS, INC., ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF THE PROGRAM, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER 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 THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
U.S. GOVERNMENT END USERS.
The Program 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 the Program with only those rights set forth herein.
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 conflictof- 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: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in Contra Costa County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Contra Costa 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.
RESPONSIBILITY FOR CLAIMS.
You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of the Program you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distribute responsibility on an equitable basis.
DELIVERY
The Program and documentation are available to Licensee via FastIO web site address listed as follows:
http://www.fastio.com/
Commercial Users must fill out section 1.8 above and the sections below, and send two signed copies of this agreement along with the license fee payment to the address indicated in section 4.1. One copy will be returned after it is signed by an authorized representative of FastIO Systems.
THIS SOFTWARE LICENSE AGREEMENT is made and entered into this _____ day of
______________________ (month and year of the effective date) by and between Licensor and Licensee.
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the date first set forth above.
__________________________________
(Print Name)
Title _________________________________
718 Cornell Ave., Albany, CA 94706, U.S.A.
(Address)
Licensee: ______________________________
By ____________________________________
(Authorized Company Signature)
____________________________________
(Print Name)
Title _________________________________
____________________________________
(Address)
Copyright (c) 2004 - 2008, clown. 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.
- No 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 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.
dlmalloc is copyrighted by Creatve Commons.
(version of malloc/free/realloc written by Doug Lea; version 2.8.3) is licensed under http://creativecommons.org/licenses/publicdomain/, which allows everybody to use, modify, distribute and sell the code and software, and is modified by Compart AG.
The End User is referred to as “you” in this Schedule.
1. The term “Software” includes third party products and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof.
2. You acknowledge and agree that a third party licensor is the owner of certain proprietary information and intellectual property rights included in the Host Product and the Documentation. Such third party licensors are third party beneficiaries entitled to enforce Ricoh’s rights and your obligations hereunder and to seek appropriate legal and equitable remedies, including but not limited to, damages and injunctive relief, for your breach of such obligations.
3. 3. License Grant and Restrictions.
Ricoh grants you a non-exclusive right to use the Software under the terms of this End User License Agreement. You may make one backup copy of the Software, provided the backup copy is not installed or used on any computer.
4. Intellectual Property Rights.
The Software is owned by Ricoh and its suppliers, and its structure, organization and code are the valuable trade secrets of Ricoh and it suppliers. The Software is also protected by United States Copyright law and International Treaty provisions. You may not copy the Software, except as provided in this End User License Agreement. Any copies that you are permitted to make pursuant to this End User License Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this End User License Agreement does not grant you any intellectual property rights in the Software.
5. Font License.
You may embed copies of the font software into your electronic documents for purpose of printing, viewing and editing the document. No other embedding rights are implied or permitted under this license.
6. Warranty.
a.
If the End
User License Agreement does not contain a warranty, the following should be
included:
RICOH AND ITS SUPPLIER DO NOT AND CANNOT WARRANT THE PERFORMANCE RESULTS YOU
MAY OBTAIN BY USING THE SOFTWARE.
b. If Ricoh includes a product warranty, it may not extend any warranty to End Users on behalf of Adobe or Licensor. The following language would follow any such warranty from Ricoh:
THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR RICOH’S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Some states or jurisdictions do not allow the exclusion or limitation of
incidental, consequential or special damages, or the exclusion of implied
warranties, or limitations on how long an implied warranty may last, so the
above limitations may not apply to you. To the extent permissible, any implied
warranties are limited to thirty (30) days. This warranty gives you specific
legal rights. You may have other rights which vary from state to state or
jurisdiction to jurisdiction.
7. Export Rules.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the “Export Laws”). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this End User License Agreement. Governing Law.This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
8. General Provisions.
If any part of this End User License Agreement is found void and unenforceable, it will not affect the validity of the balance of the End User License Agreement, which shall remain valid and enforceable according to its terms. This End User License Agreement shall not prejudice the statutory rights of any party dealing as a consumer.
9. Trademarks.
Trademarks appearing herein are either registered trademarks or trademarks of their respective owners in the United States and/or other countries.
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:
i) changes to the Program, and
ii) additions to 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
3. REQUIREMENTS
A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:
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:
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.
END OF ECLIPSE CODE NOTICES AND INFORMATION
IMPORTANT--READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Microsoft Corporation ("Microsoft") for the Microsoft software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, and Internet-based services ("Software"). An amendment or addendum to this EULA may accompany the Software. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE (IF APPLICABLE) FOR A FULL REFUND.
___________________________________________________________
MICROSOFT SOFTWARE LICENSE
1. GRANTS OF LICENSE. Microsoft grants you the rights described in this EULA provided that you comply with all terms and conditions of this EULA. NOTE: Microsoft is not licensing to you any rights with respect to Crystal Reports for Microsoft Visual Studio .NET; your use of Crystal Reports for Microsoft Visual Studio .NET is subject to your acceptance of the terms and conditions of the enclosed (hard copy) end user license agreement from Crystal Decisions for that product.
1.1 General License Grant. Microsoft grants to you as an individual, a personal, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product(s), provided that you are the only individual using the Software.
If you are an entity, Microsoft grants to you a personal, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license for each such individual.
1.2 Documentation. You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or electronic form) beyond your premises.
1.3 Storage/Network Use. You may also store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on computers used by licensed end users in accordance with Section 1.1. A single license for the Software may not be shared or used concurrently by multiple end users.
1.4 Visual Studio--Effect of EULA. As a suite of development tools and other Microsoft software programs (each such tool or software program, a "Component"), Components that you receive as part of the Software may include a separate end-user license agreement (each, a "Component EULA"). Except as provided in Section 4 ("Prerelease Code"), in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control. The Software may also contain third-party software programs. Any such software is provided for your use as a convenience and your use is subject to the terms and conditions of any license agreement contained in that software.
2. ADDITIONAL LICENSE RIGHTS -- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, certain portions of the Software, as described in this Section 2, are provided to you with additional license rights. These additional license rights are conditioned upon your compliance with the distribution requirements and license limitations described in Section 3.
2.1 Sample Code. Microsoft grants you a limited, nonexclusive, royalty-free license to: (a) use and modify the source code version of those portions of the Software identified as "Samples" in REDIST.TXT or elsewhere in the Software ("Sample Code") for the sole purposes of designing, developing, and testing your software product(s), and (b) reproduce and distribute the Sample Code, along with any modifications thereof, in object and/or source code form. For applicable redistribution requirements for Sample Code, see Section 3.1 below.
2.2 Redistributable Code--General. Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code form of any portion of the Software listed in REDIST.TXT ("Redistributable Code"). For general redistribution requirements for Redistributable Code, see Section 3.1 below.
2.3 Redistributable Code--Microsoft Merge Modules ("MSM"). Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the content of MSM file(s) listed in REDIST.TXT in the manner described in the Software documentation only so long as you redistribute such content in its entirety and do not modify such content in any way. For all other applicable redistribution requirements for MSM files, see Section 3.1 below.
2.4 Redistributable Code--Microsoft Foundation Classes (MFC), Active Template Libraries (ATL), and C runtimes (CRTs). In addition to the rights granted in Section 1, Microsoft grants you a license to use and modify the source code version of those portions of the Software that are identified as MFC, ATL, or CRTs (collectively, the "VC Redistributables"), for the sole purposes of designing, developing, and testing your software product(s). Provided you comply with Section 3.1 and you rename any files created by you that are included in the Licensee Software (defined below), Microsoft grants you a limited, nonexclusive, royalty-free license to reproduce and distribute the object code version of the VC Redistributables, including any modifications you make. For purposes of this section, "modifications" shall mean enhancements to the functionality of the VC Redistributables. For all other applicable redistribution requirements for VC Redistributables, see Section 3.1 below.
3. DISTRIBUTION REQUIREMENTS AND OTHER LICENSE RIGHTS AND LIMITATIONS. If you choose to exercise your rights under Section 2, any redistribution by you is subject to your compliance with Section 3.1; some of the Redistributable Code has additional limited use rights described in Section 3.2.
3.1 General Distribution Requirements.
You also agree not to permit further distribution of the Redistributables by your end users except you may permit further redistribution of the Redistributables by your distributors to your end-user customers if your distributors only distribute the Redistributables in conjunction with, and as part of, the Licensee Software, you comply with all other terms of this EULA, and your distributors comply with all restrictions of this EULA that are applicable to you.
3.2 Additional Distribution Requirements for Certain Redistributable Code. If you choose to redistribute the files discussed in this Section, then in addition to the terms of Section 3.1, you must ALSO comply with the following.
3.3 Separation of Components. The Software is licensed as a single product. Its component parts may not be separated for use by more than one user.
3.4 Benchmark Testing. The Software may contain the Microsoft .NET Framework. You may not disclose the results of any benchmark test of the .NET Framework component of the Software to any third party without Microsoft's prior written approval.
4. PRERELEASE CODE. Portions of the Software may be identified as prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of performance and compatibility of the final, generally available product offering. The Prerelease Code may not operate correctly and may be substantially modified prior to first commercial shipment. Microsoft is not obligated to make this or any later version of the Prerelease Code commercially available. The grant of license to use Prerelease Code expires upon availability of a commercial release of the Prerelease Code from Microsoft. NOTE: In the event that Prerelease Code contains a separate end-user license agreement, the terms and conditions of such end-user license agreement shall govern your use of the corresponding Prerelease Code.
5. RESERVATION OF RIGHTS AND OWNERSHIP. Microsoft reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. Microsoft or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.
6. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
7. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide commercial hosting services with the Software.
8. CONSENT TO USE OF DATA. You agree that Microsoft and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. Microsoft may use this information solely to improve our products or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
9. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Software. The third party sites are not under the control of Microsoft, and Microsoft is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. Microsoft is not responsible for webcasting or any other form of transmission received from any third party sites. Microsoft is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by Microsoft of the third party site.
10. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Software that Microsoft may provide to you or make available to you after the date you obtain your initial copy of the Software, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. Microsoft reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software.
11. UPGRADES/DOWNGRADES
11.1 Upgrades. To use a version of the Software identified as an upgrade, you must first be licensed for the software identified by Microsoft as eligible for the upgrade. After upgrading, you may no longer use the software that formed the basis for your upgrade eligibility.
11.2 Downgrades. Instead of installing and using the Software, you may install and use copies of an earlier version of the Software, provided that you completely remove such earlier version and install the current version of the Software within a reasonable time. Your use of such earlier version shall be governed by this EULA, and your rights to use such earlier version shall terminate when you install the Software.
11.3 Special Terms for Version 2003 Upgrade Editions of the Software. If the Software accompanying this EULA is the version 2003 edition of the Software and you have acquired it as an upgrade from the corresponding "2002" edition of the Microsoft software product with the same product name as the Software (the "Qualifying Software"), then Section 11.1 does not apply to you. Instead, you may continue to use the Qualifying Software AND the version 2003 upgrade for so long as you continue to comply with the terms of this EULA and the EULA governing your use of the Qualifying Software. Qualifying Software does not include non-Microsoft software products.
12. NOT FOR RESALE SOFTWARE. Software identified as "Not For Resale" or "NFR," may not be sold or otherwise transfered for value, or used for any purpose other than demonstration, test or evaluation.
13. ACADEMIC EDITION SOFTWARE. To use Software identified as "Academic Edition" or "AE," you must be a "Qualified Educational User." For qualification-related questions, please contact the Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399 or the Microsoft subsidiary serving your country.
14. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, enduse, and destination restrictions issued by U.S. and other governments. For additional information see http://www.microsoft.com/exporting/
15. SOFTWARE TRANSFER. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including all component parts, the media and printed materials, any upgrades (including any Qualifying Software as defined in Section 11.3), this EULA, and, if applicable, the Certificate of Authenticity). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all the EULA terms.
16. TERMINATION. Without prejudice to any other rights, Microsoft may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.
17. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA.
Except for the "Redistributables," which are provided AS IS without warranty of any kind, Microsoft warrants that the Software will perform substantially in accordance with the accompanying materials for a period of ninety (90) days from the date of receipt.
If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you.
Any supplements or updates to the Software, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.
LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Microsoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet Microsoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 19 ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. Microsoft's and its suppliers' entire liability and your exclusive remedy for any breach of this Limited Warranty or for any other breach of this EULA or for any other liability relating to the Software shall be, at Microsoft's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the Software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is returned to Microsoft with a copy of your receipt. You will receive the remedy elected by Microsoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software to Microsoft). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and Microsoft will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with Microsoft's warranty remedy procedures. Outside the United States or Canada, neither these remedies nor any product support services offered by Microsoft are available without proof of purchase from an authorized international source. To exercise your remedy, contact: Microsoft, Attn. Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, or the Microsoft subsidiary serving your country.
18. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MICROSOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
19. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
20. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY OF MICROSOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY MICROSOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 17, 18, AND 19) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
21. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
22. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Washington. If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in the European Union, Iceland, Norway, or Switzerland, then local law applies. If you acquired this Software in any other country, then local law may apply.
23. ENTIRE AGREEMENT; SEVERABILITY. This EULA (including any addendum or amendment to this EULA which is included with the Software) are the entire agreement between you and Microsoft relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Microsoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
Si vous avez acquis votre produit Microsoft au CANADA, la garantie limitée suivante s'applique :
GARANTIE LIMITÉE
Sauf pur celles du "Redistributables," qui sont fournies "comme telles," Microsoft garantit que le Logiciel fonctionnera conformément aux documents inclus pendant une période de 90 jours suivant la date de réception.
Si une garantie ou condition implicite est créée par votre État ou votre territoire et qu'une loi fédérale ou provinciale ou d'un État en interdit le déni, vous jouissez également d'une garantie ou condition implicite, MAIS UNIQUEMENT POUR LES DÉFAUTS DÉCOUVERTS DURANT LA PÉRIODE DE LA PRÉSENTE GARANTIE LIMITÉE (QUATRE-VINGT-DIX JOURS). IL N'Y A AUCUNE GARANTIE OU CONDITION DE QUELQUE NATURE QUE CE SOIT QUANT AUX DÉFAUTS DÉCOUVERTS APRČS CETTE PÉRIODE DE QUATREVINGT- DIX JOURS. Certains États ou territoires ne permettent pas de limiter la durée d'une garantie ou condition implicite de sorte que la limitation ci-dessus peut ne pas s'appliquer ŕ vous.
Tous les suppléments ou toutes les mises ŕ jour relatifs au Logiciel, notamment, les ensembles de services ou les réparations ŕ chaud (le cas échéant) qui vous sont fournis aprčs l'expiration de la période de quatre-vingt-dix jours de la garantie limitée ne sont pas couverts par quelque garantie ou condition que ce soit, expresse, implicite ou en vertu de la loi.
LIMITATION DES RECOURS; ABSENCE DE DOMMAGES INDIRECTS OU AUTRES.
Votre recours exclusif pour toute violation de la présente garantie limitée est décrit ci-aprčs. Sauf pour tout remboursement au choix de Microsoft, si le Logiciel ne respecte pas la garantie limitée de Microsoft et, dans la mesure maximale permise par les lois applicables, męme si tout recours n'atteint pas son but essentiel, VOUS N'AVEZ DROIT Ŕ AUCUNS DOMMAGES, NOTAMMENT DES DOMMAGES INDIRECTS. Les termes de la clause ˝Exclusion des dommages accessoires, indirects et de certains autres dommages » sont également intégrées ŕ la présente garantie limitée. Certains États ou territoires ne permettent pas l'exclusion ou la limitation des dommages indirects ou accessoires de sorte que la limitation ou l'exclusion ci-dessus peut ne pas s'appliquer ŕ vous. La présente garantie limitée vous donne des droits légaux spécifiques. Vous pouvez avoir d'autres droits qui peuvent varier d'un territoire ou d'un État ŕ un autre. VOTRE RECOURS EXCLUSIF. La seule responsabilité obligation de Microsoft et de ses fournisseurs et votre recours exclusif pour toute violation de la présente garantie limitée ou pour toute autre violation du présent contrat ou pour toute autre responsabilité relative au Logiciel seront, selon le choix de Microsoft exercé de temps ŕ autre sous réserve de toute loi applicable, a) le remboursement du prix payé, le cas échéant, pour le Logiciel ou b) la réparation ou le remplacement du Logiciel qui ne respecte pas la présente garantie limitée et qui est retourné ŕ Microsoft avec une copie de votre reçu. Vous recevrez la compensation choisie par Microsoft, sans frais, sauf que vous ętes responsable des dépenses que vous pourriez engager (p. ex., les frais d'envoi du Logiciel ŕ Microsoft). La présente garantie limitée est nulle si la défectuosité du Logiciel est causée par un accident, un usage abusif, une mauvaise application, un usage anormal ou un virus. Tout Logiciel de remplacement sera garanti pour le reste de la période initiale de la garantie ou pendant trente (30) jours, selon la plus longue entre ces deux périodes. Ŕ l'extérieur des États-Unis ou du Canada, ces recours ou l'un quelconque des services de soutien technique offerts par Microsoft ne sont pas disponibles sans preuve d'achat d'une source internationale autorisée. Pour exercer votre recours, vous devez communiquer avec Microsoft et vous adresser au Microsoft Sales Information Center/One Microsoft Way/Redmond, WA 98052-6399, ou ŕ la filiale de Microsoft de votre pays.
DÉNI DE GARANTIES. La garantie limitée qui apparaît ci-dessus constitue la seule garantie expresse qui vous est donnée et remplace toutes autres garanties expresses (s'il en est) crées par une publicité, un document, un emballage ou une autre communication. SAUF EN CE QUI A TRAIT Ŕ LA GARANTIE LIMITÉE ET DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, LE LOGICIEL ET LES SERVICES DE SOUTIEN TECHNIQUE (LE CAS ÉCHÉANT) SONT FOURNIS TELS QUELS ET AVEC TOUS LES DÉFAUTS PAR MICROSOFT ET SES FOURNISSEURS, LESQUELS PAR LES PRÉSENTES DÉNIENT TOUTES AUTRES GARANTIES ET CONDITIONS EXPRESSES, IMPLICITES OU EN VERTU DE LA LOI, NOTAMMENT, MAIS SANS LIMITATION, (LE CAS ÉCHÉANT) LES GARANTIES, DEVOIRS OU CONDITIONS IMPLICITES DE QUALITÉ MARCHANDE, D'ADAPTATION Ŕ UNE FIN PARTICULIČRE, DE FIABILITÉ OU DE DISPONIBILITÉ, D'EXACTITUDE OU D'EXHAUSTIVITÉ DES RÉPONSES, DES RÉSULTATS, DES EFFORTS DÉPLOYÉS SELON LES RČGLES DE L'ART, D'ABSENCE DE VIRUS ET D'ABSENCE DE NÉGLIGENCE, LE TOUT Ŕ L'ÉGARD DU LOGICIEL ET DE LA PRESTATION OU DE L'OMISSION DE LA PRESTATION DES SERVICES DE SOUTIEN TECHNIQUE OU Ŕ L'ÉGARD DE LA FOURNITURE OU DE L'OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L'UTILISATION DU LOGICIEL . PAR AILLEURS, IL N'Y A AUCUNE GARANTIE OU CONDITION QUANT AU TITRE DE PROPRIÉTÉ, Ŕ LA JOUISSANCE OU LA POSSESSION PAISIBLE, Ŕ LA CONCORDANCE Ŕ UNE DESCRIPTION NI QUANT Ŕ UNE ABSENCE DE CONTREFAĂON CONCERNANT LE LOGICIEL.
EXCLUSION DES DOMMAGES ACCESSOIRES, INDIRECTS ET DE CERTAINS AUTRES DOMMAGES. DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, EN AUCUN CAS MICROSOFT OU SES FOURNISSEURS NE SERONT RESPONSABLES DES DOMMAGES SPÉCIAUX, CONSÉCUTIFS, ACCESSOIRES OU INDIRECTS DE QUELQUE NATURE QUE CE SOIT (NOTAMMENT, LES DOMMAGES Ŕ L'ÉGARD DU MANQUE Ŕ GAGNER OU DE LA DIVULGATION DE RENSEIGNEMENTS CONFIDENTIELS OU AUTRES, DE LA PERTE D'EXPLOITATION, DE BLESSURES CORPORELLES, DE LA VIOLATION DE LA VIE PRIVÉE, DE L'OMISSION DE REMPLIR TOUT DEVOIR, Y COMPRIS D'AGIR DE BONNE FOI OU D'EXERCER UN SOIN RAISONNABLE, DE LA NÉGLIGENCE ET DE TOUTE AUTRE PERTE PÉCUNIAIRE OU AUTRE PERTE DE QUELQUE NATURE QUE CE SOIT) SE RAPPORTANT DE QUELQUE MANIČRE QUE CE SOIT Ŕ L'UTILISATION DU LOGICIEL OU Ŕ L'INCAPACITÉ DE S'EN SERVIR, Ŕ LA PRESTATION OU Ŕ L'OMISSION DE LA PRESTATION DE SERVICES DE SOUTIEN TECHNIQUE OU Ŕ LA FOURNITURE OU Ŕ L'OMISSION DE LA FOURNITURE DE TOUS AUTRES SERVICES, RENSEIGNEMENTS, LOGICIELS, ET CONTENU QUI S'Y RAPPORTE GRÂCE AU LOGICIEL OU PROVENANT AUTREMENT DE L'UTILISATION DU LOGICIEL OU AUTREMENT AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION OU RELATIVEMENT Ŕ UNE TELLE DISPOSITION, MĘME EN CAS DE FAUTE, DE DÉLIT CIVIL (Y COMPRIS LA NÉGLIGENCE), DE RESPONSABILITÉ STRICTE, DE VIOLATION DE CONTRAT OU DE VIOLATION DE GARANTIE DE MICROSOFT OU DE TOUT FOURNISSEUR ET MĘME SI MICROSOFT OU TOUT FOURNISSEUR A ÉTÉ AVISÉ DE LA POSSIBILITÉ DE TELS DOMMAGES.
LIMITATION DE RESPONSABILITÉ ET RECOURS. MALGRÉ LES DOMMAGES QUE VOUS PUISSIEZ SUBIR POUR QUELQUE MOTIF QUE CE SOIT (NOTAMMENT, MAIS SANS LIMITATION, TOUS LES DOMMAGES SUSMENTIONNÉS ET TOUS LES DOMMAGES DIRECTS OU GÉNÉRAUX OU AUTRES), LA SEULE RESPONSABILITÉ DE MICROSOFT ET DE L'UN OU L'AUTRE DE SES FOURNISSEURS AUX TERMES DE TOUTE DISPOSITION DE LA PRÉSENTE CONVENTION ET VOTRE RECOURS EXCLUSIF Ŕ L'ÉGARD DE TOUT CE QUI PRÉCČDE (SAUF EN CE QUI CONCERNE TOUT RECOURS DE RÉPARATION OU DE REMPLACEMENT CHOISI PAR MICROSOFT Ŕ L'ÉGARD DE TOUT MANQUEMENT Ŕ LA GARANTIE LIMITÉE) SE LIMITE AU PLUS ÉLEVÉ ENTRE LES MONTANTS SUIVANTS : LE MONTANT QUE VOUS AVEZ RÉELLEMENT PAYÉ POUR LE LOGICIEL OU 5,00 $US. LES LIMITES, EXCLUSIONS ET DÉNIS QUI PRÉCČDENT (Y COMPRIS LES CLAUSES CI-DESSUS), S'APPLIQUENT DANS LA MESURE MAXIMALE PERMISE PAR LES LOIS APPLICABLES, MĘME SI TOUT RECOURS N'ATTEINT PAS SON BUT ESSENTIEL.
Ŕ moins que cela ne soit prohibé par le droit local applicable, la présente Convention est régie par les lois de la province d'Ontario, Canada. Vous consentez ŕ la compétence des tribunaux fédéraux et provinciaux siégeant ŕ Toronto, dans la province d'Ontario.
Au cas oů vous auriez des questions concernant cette licence ou que vous désiriez vous mettre en rapport avec Microsoft pour quelque raison que ce soit, veuillez utiliser l'information contenue dans le Logiciel pour contacter la filiale de Microsoft desservant votre pays, ou visitez Microsoft sur le World Wide Web ŕ http://www.microsoft.com.
The following MICROSOFT GUARANTEE applies to you if you acquired this Software in any other country:
Statutory rights not affected - The following guarantee is not restricted to any territory and does not affect any statutory rights that you may have from your reseller or from Microsoft if you acquired the Software directly from Microsoft. If you acquired the Software or any support services in Australia, New Zealand or Malaysia, please see the "Consumer rights" section below.
The guarantee - The Software is designed and offered as a general-purpose software, not for any user's particular purpose. You accept that no Software is error free and you are strongly advised to back-up your files regularly. Provided that you have a valid license, Microsoft guarantees that a) for a period of 90 days from the date of receipt of your license to use the Software or the shortest period permitted by applicable law it will perform substantially in accordance with the written materials that accompany the Software; and b) any support services provided by Microsoft shall be substantially as described in applicable written materials provided to you by Microsoft and Microsoft support engineers will use reasonable efforts, care and skill to solve any problem issues. In the event that the Software fails to comply with this guarantee, Microsoft will either (a) repair or replace the Software or (b) return the price you paid. This guarantee is void if failure of the Software results from accident, abuse or misapplication. Any replacement Software will be guaranteed for the remainder of the original guarantee period or 30 days, whichever period is longer. You agree that the above guarantee is your sole guarantee in relation to the Software and any support services.
Exclusion of All Other Terms - To the maximum extent permitted by applicable law and subject to the guarantee above, Microsoft disclaims all warranties, conditions and other terms, either express or implied (whether by statute, common law, collaterally or otherwise) including but not limited to implied warranties of satisfactory quality and fitness for particular purpose with respect to the Software and the written materials that accompany the Software. Any implied warranties that cannot be excluded are limited to 90 days or to the shortest period permitted by applicable law, whichever is greater.
Limitation of Liability - To the maximum extent permitted by applicable law and except as provided in the Microsoft Guarantee, Microsoft and its suppliers shall not be liable for any damages whatsoever (including without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of the use or inability to use the Software, even if Microsoft has been advised of the possibility of such damages. In any case Microsoft's entire liability under any provision of this Agreement shall be limited to the amount actually paid by you for the Software. These limitations do not apply to any liabilities that cannot be excluded or limited by applicable laws.
Consumer rights - Consumers in Australia, New Zealand or Malaysia may have the benefit of certain rights and remedies by reason of the Trade Practices Act and similar state and territory laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer Protection Act in Malaysia in respect of which liability cannot lawfully be modified or excluded. If you acquired the Software in New Zealand for the purposes of a business, you confirm that the Consumer Guarantees Act does not apply. If you acquired the Software in Australia and if Microsoft breaches a condition or warranty implied under any law which cannot lawfully be modified or excluded by this agreement then, to the extent permitted by law, Microsoft's liability is limited, at Microsoft's option, to: (i) in the case of the Software: a) repairing or replacing the Software; or b) the cost of such repair or replacement; and (ii) in the case of support services: a) re-supply of the services; or b) the cost of having the services supplied again.
Should you have any questions concerning this EULA, or if you desire to contact Microsoft for any reason, please use the address information enclosed in this Software to contact the Microsoft subsidiary serving your country or visit Microsoft on the World Wide Web at http://www.microsoft.com.
Copyright 1996-2002, 2006 by David Turner, Robert Wilhelm, and Werner Lemberg
FreeType by the FreeType project (http://www.freetype.org, BSD license (chosen)
Used in almost all filters of the Advanced Transform Feature.
The FreeType Project LICENSE
----------------------------
2006-Jan-27
Introduction
============
The FreeType Project is distributed in several archive packages; some of them may contain, in addition to the FreeType font engine, various tools and contributions which rely on, or relate to, the FreeType Project.
This license applies to all files found in such packages, and which do not fall under their own explicit license. The license affects thus the FreeType font engine, the test programs, documentation and makefiles, at the very least.
This license was inspired by the BSD, Artistic, and IJG (Independent JPEG Group) licenses, which all encourage inclusion and use of free software in commercial and freeware products alike. As a consequence, its main points are that:
We specifically permit and encourage the inclusion of this software, with or without modifications, in commercial products. We disclaim all warranties covering The FreeType Project and assume no liability related to The FreeType Project.
Finally, many people asked us for a preferred form for a credit/disclaimer to use in compliance with this license. We thus encourage you to use the following text:
"""
Portions of this software are copyright © <year> The FreeType Project (www.freetype.org). All rights reserved.
"""
Please replace <year> with the value from the FreeType version you actually use.
Legal Terms
===========
0. Definitions
--------------
Throughout this license, the terms `package', `FreeType Project', and `FreeType archive' refer to the set of files originally distributed by the authors (David Turner, Robert Wilhelm, and Werner Lemberg) as the `FreeType Project', be they named as alpha, beta or final release.
`You' refers to the licensee, or person using the project, where `using' is a generic term including compiling the project's source code as well as linking it to form a `program' or `executable'. This program is referred to as `a program using the FreeType engine'.
This license applies to all files distributed in the original FreeType Project, including all source code, binaries and documentation, unless otherwise stated in the file in its original, unmodified form as distributed in the original archive. If you are unsure whether or not a particular file is covered by this license, you must contact us to verify this.
The FreeType Project is copyright (C) 1996-2000 by David Turner, Robert Wilhelm, and Werner Lemberg. All rights reserved except as specified below.
1. No Warranty
--------------
THE FREETYPE PROJECT IS PROVIDED `AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL ANY OF THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY DAMAGES CAUSED BY THE USE OR THE INABILITY TO USE, OF THE FREETYPE PROJECT.
2. Redistribution
-----------------
This license grants a worldwide, royalty-free, perpetual and irrevocable right and license to use, execute, perform, compile, display, copy, create derivative works of, distribute and sublicense the FreeType Project (in both source and object code forms) and derivative works thereof for any purpose; and to authorize others to exercise some or all of the rights granted herein, subject to the following conditions:
These conditions apply to any software derived from or based on the FreeType Project, not just the unmodified files. If you use our work, you must acknowledge us. However, no fee need be paid to us.
3. Advertising
--------------
Neither the FreeType authors and contributors nor you shall use the name of the other for commercial, advertising, or promotional purposes without specific prior written permission.
We suggest, but do not require, that you use one or more of the following phrases to refer to this software in your documentation or advertising materials: `FreeType Project', `FreeType Engine', `FreeType library', or `FreeType Distribution'.
As you have not signed this license, you are not required to accept it. However, as the FreeType Project is copyrighted material, only this license, or another one contracted with the authors, grants you the right to use, distribute, and modify it. Therefore, by using, distributing, or modifying the FreeType Project, you indicate that you understand and accept all the terms of this license.
4. Contacts
-----------
There are two mailing lists related to FreeType:
Discusses general use and applications of FreeType, as well as future and wanted additions to the library and distribution. If you are looking for support, start in this list if you haven't found anything to help you in the documentation.
Discusses bugs, as well as engine internals, design issues, specific licenses, porting, etc.
Our home page can be found at
http://www.freetype.org
--- end of FTL.TXT ---
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
The DataMatrix reading library libdmtx (version 0.7.2) is licensed under the LGPL version 2.1 http://www.gnu.org/copyleft/lesser.html, which allows everybody to use, modify, distributes and sell the code and software, and is modified by Compart AG.
Version 2.1, February 1999
Copyright (C) 1991, 1999 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 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 Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users.
This license, the Lesser General Public License, applies to some specially designated software packages--typically libraries--of the Free Software Foundation and other authors who decide to use it. You can use it too, but we suggest you first think carefully about whether this license or the ordinary General Public License is the better strategy to use in any particular case, based on the explanations below.
When we speak of free software, we are referring to freedom of use, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish); that you receive source code or can get it if you want it; that you can change the software and use pieces of it in new free programs; and that you are informed that you can do these things.
To protect your rights, we need to make restrictions that forbid distributors to deny you these rights or to ask you to surrender these rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library or if you modify it.
For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link other code with the library, you must provide complete object files to the recipients, so that they can relink them with the library after making changes to the library and recompiling it. And you must show them these terms so they know their rights.
We protect your rights with a two-step method: (1) we copyright the library, and (2) we offer you this license, which gives you legal permission to copy, distribute and/or modify the library.
To protect each distributor, we want to make it very clear that there is no warranty for the free library. Also, if the library is modified by someone else and passed on, the recipients should know that what they have is not the original version, so that the original author's reputation will not be affected by problems that might be introduced by others.
Finally, software patents pose a constant threat to the existence of any free program. We wish to make sure that a company cannot effectively restrict the users of a free program by obtaining a restrictive license from a patent holder. Therefore, we insist that any patent license obtained for a version of the library must be consistent with the full freedom of use specified in this license.
Most GNU software, including some libraries, is covered by the ordinary GNU General Public License. This license, the GNU Lesser General Public License, applies to certain designated libraries, and is quite different from the ordinary General Public License. We use this license for certain libraries in order to permit linking those libraries into non-free programs.
When a program is linked with a library, whether statically or using a shared library, the combination of the two is legally speaking a combined work, a derivative of the original library. The ordinary General Public License therefore permits such linking only if the entire combination fits its criteria of freedom. The Lesser General Public License permits more lax criteria for linking other code with the library.
We call this license the "Lesser" General Public License because it does Less to protect the user's freedom than the ordinary General Public License. It also provides other free software developers Less of an advantage over competing non-free programs. These disadvantages are the reason we use the ordinary General Public License for many libraries. However, the Lesser license provides advantages in certain special circumstances.
For example, on rare occasions, there may be a special need to encourage the widest possible use of a certain library, so that it becomes a de-facto standard. To achieve this, non-free programs must be allowed to use the library. A more frequent case is that a free library does the same job as widely used non-free libraries. In this case, there is little to gain by limiting the free library to free software only, so we use the Lesser General Public License.
In other cases, permission to use a particular library in non-free programs enables a greater number of people to use a large body of free software. For example, permission to use the GNU C Library in non-free programs enables many more people to use the whole GNU operating system, as well as its variant, the GNU/Linux operating system.
Although the Lesser General Public License is Less protective of the users' freedom, it does ensure that the user of a program that is linked with the Library has the freedom and the wherewithal to run that program using a modified version of the Library.
The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".
A "library" means a collection of software functions and/or data prepared so as to be conveniently linked with application programs (which use some of those functions and data) to form executables.
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How to Apply These Terms to Your New Libraries
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Version 3, 29 June 2007
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Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
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Version 3, 29 June 2007
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Preamble
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The licenses for most software and other practical works are designed to take away your freedom to share and change the works. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change all versions of a program--to make sure it remains free software for all its users. We, the Free Software Foundation, use the GNU General Public License for most of our software; it applies also to any other work released this way by its authors. You can apply it to your programs, too.
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TERMS AND CONDITIONS
0. Definitions.
“This License” refers to version 3 of the GNU General Public License.
“Copyright” also means copyright-like laws that apply to other kinds of works, such as semiconductor masks.
“The Program” refers to any copyrightable work licensed under this License. Each licensee is addressed as “you”. “Licensees” and “recipients” may be individuals or organizations.
A “covered work” means either the unmodified Program or a work based on the Program.
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1. Source Code.
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The Corresponding Source for a work in source code form is that same work.
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All rights granted under this License are granted for the term of copyright on the Program, and are irrevocable provided the stated conditions are met. This License explicitly affirms your unlimited permission to run the unmodified Program. The output from running a covered work is covered by this License only if the output, given its content, constitutes a covered work. This License acknowledges your rights of fair use or other equivalent, as provided by copyright law.
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“Additional permissions” are terms that supplement the terms of this License by making exceptions from one or more of its conditions. Additional permissions that are applicable to the entire Program shall be treated as though they were included in this License, to the extent that they are valid under applicable law. If additional permissions apply only to part of the Program, that part may be used separately under those permissions, but the entire Program remains governed by this License without regard to the additional permissions.
When you convey a copy of a covered work, you may at your option remove any additional permissions from that copy, or from any part of it. (Additional permissions may be written to require their own removal in certain cases when you modify the work.) You may place additional permissions on material, added by you to a covered work, for which you have or can give appropriate copyright permission.
Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
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Additional terms, permissive or non-permissive, may be stated in the form of a separately written license, or stated as exceptions; the above requirements apply either way.
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You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License (including any patent licenses granted under the third paragraph of section 11).
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Termination of your rights under this section does not terminate the licenses of parties who have received copies or rights from you under this License. If your rights have been terminated and not permanently reinstated, you do not qualify to receive new licenses for the same material under section 10.
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Each time you convey a covered work, the recipient automatically receives a license from the original licensors, to run, modify and propagate that work, subject to this License. You are not responsible for enforcing compliance by third parties with this License.
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11. Patents.
A “contributor” is a copyright holder who authorizes use under this License of the Program or a work on which the Program is based. The work thus licensed is called the contributor's “contributor version”.
A contributor's “essential patent claims” are all patent claims owned or controlled by the contributor, whether already acquired or hereafter acquired, that would be infringed by some manner, permitted by this License, of making, using, or selling its contributor version, but do not include claims that would be infringed only as a consequence of further modification of the contributor version. For purposes of this definition, “control” includes the right to grant patent sublicenses in a manner consistent with the requirements of this License.
Each contributor grants you a non-exclusive, worldwide, royalty-free patent license under the contributor's essential patent claims, to make, use, sell, offer for sale, import and otherwise run, modify and propagate the contents of its contributor version.
In the following three paragraphs, a “patent license” is any express agreement or commitment, however denominated, not to enforce a patent (such as an express permission to practice a patent or covenant not to sue for patent infringement). To “grant” such a patent license to a party means to make such an agreement or commitment not to enforce a patent against the party.
If you convey a covered work, knowingly relying on a patent license, and the Corresponding Source of the work is not available for anyone to copy, free of charge and under the terms of this License, through a publicly available network server or other readily accessible means, then you must either (1) cause the Corresponding Source to be so available, or (2) arrange to deprive yourself of the benefit of the patent license for this particular work, or (3) arrange, in a manner consistent with the requirements of this License, to extend the patent license to downstream recipients. “Knowingly relying” means you have actual knowledge that, but for the patent license, your conveying the covered work in a country, or your recipient's use of the covered work in a country, would infringe one or more identifiable patents in that country that you have reason to believe are valid.
If, pursuant to or in connection with a single transaction or arrangement, you convey, or propagate by procuring conveyance of, a covered work, and grant a patent license to some of the parties receiving the covered work authorizing them to use, propagate, modify or convey a specific copy of the covered work, then the patent license you grant is automatically extended to all recipients of the covered work and works based on it.
A patent license is “discriminatory” if it does not include within the scope of its coverage, prohibits the exercise of, or is conditioned on the non-exercise of one or more of the rights that are specifically granted under this License. You may not convey a covered work if you are a party to an arrangement with a third party that is in the business of distributing software, under which you make payment to the third party based on the extent of your activity of conveying the work, and under which the third party grants, to any of the parties who would receive the covered work from you, a discriminatory patent license (a) in connection with copies of the covered work conveyed by you (or copies made from those copies), or (b) primarily for and in connection with specific products or compilations that contain the covered work, unless you entered into that arrangement, or that patent license was granted, prior to 28 March 2007.
Nothing in this License shall be construed as excluding or limiting any implied license or other defenses to infringement that may otherwise be available to you under applicable patent law.
12. No Surrender of Others' Freedom.
If conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot convey a covered work so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not convey it at all. For example, if you agree to terms that obligate you to collect a royalty for further conveying from those to whom you convey the Program, the only way you could satisfy both those terms and this License would be to refrain entirely from conveying the Program.
13. Use with the GNU Affero General Public License.
Notwithstanding any other provision of this License, you have permission to link or combine any covered work with a work licensed under version 3 of the GNU Affero General Public License into a single combined work, and to convey the resulting work. The terms of this License will continue to apply to the part which is the covered work, but the special requirements of the GNU Affero General Public License, section 13, concerning interaction through a network will apply to the combination as such.
14. Revised Versions of this License.
The Free Software Foundation may publish revised and/or new versions of the GNU General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies that a certain numbered version of the GNU General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that numbered version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of the GNU General Public License, you may choose any version ever published by the Free Software Foundation.
If the Program specifies that a proxy can decide which future versions of the GNU General Public License can be used, that proxy's public statement of acceptance of a version permanently authorizes you to choose that version for the Program.
Later license versions may give you additional or different permissions. However, no additional obligations are imposed on any author or copyright holder as a result of your choosing to follow a later version.
15. Disclaimer of Warranty.
THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
16. Limitation of Liability.
IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Interpretation of Sections 15 and 16.
If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.
To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively state the exclusion of warranty; and each file should have at least the “copyright” line and a pointer to where the full notice is found.
<one line to give the program's name and a brief idea of what it
does.>
Copyright (C) <year> <name of author>
This program is free software: you can redistribute it and/or modify
it under the terms of the GNU General Public License as published by
the Free Software Foundation, either version 3 of the License, or
(at your option) any later version.
This program is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
GNU General Public License for more details.
You should have received a copy of the GNU General Public License
along with this program. If not, see <http://www.gnu.org/licenses/>.
Also add information on how to contact you by electronic and paper mail.
If the program does terminal interaction, make it output a short notice like this when it starts in an interactive mode:
<program> Copyright (C) <year> <name of author>
This program comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
This is free software, and you are welcome to redistribute it
under certain conditions; type `show c' for details.
The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, your program's commands might be different; for a GUI interface, you would use an “about box”.
You should also get your employer (if you work as a programmer) or school, if any, to sign a “copyright disclaimer” for the program, if necessary. For more information on this, and how to apply and follow the GNU GPL, see <http://www.gnu.org/licenses/>.
The GNU General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Lesser General Public License instead of this License. But first, please read <http://www.gnu.org/philosophy/why-not-lgpl.html>.
International License Agreement for Non-Warranted Programs
Part 1 - General Terms
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON AN "ACCEPT" BUTTON, OR OTHERWISE USING THE PROGRAM, LICENSEE AGREES TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF LICENSEE, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND LICENSEE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
"Authorized Use" - the specified level at which Licensee is authorized to execute or run the Program. That level may be measured by number of users, millions of service units ("MSUs"), Processor Value Units ("PVUs"), or other level of use specified by IBM.
"IBM" - International Business Machines Corporation or one of its subsidiaries.
"License Information" ("LI") - a document that provides information and any additional terms specific to a Program. The Program's LI is available at www.ibm.com/software/sla. The LI can also be found in the Program's directory, by the use of a system command, or as a booklet included with the Program.
"Program" - the following, including the original and all whole or partial copies: 1) machine-readable instructions and data, 2) components, files, and modules, 3) audio-visual content (such as images, text, recordings, or pictures), and 4) related licensed materials (such as keys and documentation).
This Agreement includes Part 1 - General Terms, Part 2 - Country-unique Terms (if any) and the LI and is the complete agreement between Licensee and IBM regarding the use of the Program. It replaces any prior oral or written communications between Licensee and IBM concerning Licensee's use of the Program. The terms of Part 2 may replace or modify those of Part 1. To the extent of any conflict, the LI prevails over both Parts.
The Program is owned by IBM or an IBM supplier, and is copyrighted and licensed, not sold.
IBM grants Licensee a nonexclusive license to 1) use the Program up to the Authorized Use specified in the invoice, 2) make and install copies to support such Authorized Use, and 3) make a backup copy, all provided that
a. Licensee has lawfully obtained the Program and complies with the terms of this Agreement;
b. the backup copy does not execute unless the backed-up Program cannot execute;
c. Licensee reproduces all copyright notices and other legends of ownership on each copy, or partial copy, of the Program;
d. Licensee ensures that anyone who uses the Program (accessed either locally or remotely) 1) does so only on Licensee's behalf and 2) complies with the terms of this Agreement;
e. Licensee does not 1) use, copy, modify, or distribute the Program except as expressly permitted in this Agreement; 2) reverse assemble, reverse compile, otherwise translate, or reverse engineer the Program, except as expressly permitted by law without the possibility of contractual waiver; 3) use any of the Program's components, files, modules, audio-visual content, or related licensed materials separately from that Program; or 4) sublicense, rent, or lease the Program; and
f. if Licensee obtains this Program as a Supporting Program, Licensee uses this Program only to support the Principal Program and subject to any limitations in the license to the Principal Program, or, if Licensee obtains this Program as a Principal Program, Licensee uses all Supporting Programs only to support this Program, and subject to any limitations in this Agreement. For purposes of this Item "f," a "Supporting Program" is a Program that is part of another IBM Program ("Principal Program") and identified as a Supporting Program in the Principal Program's LI. (To obtain a separate license to a Supporting Program without these restrictions, Licensee should contact the party from whom Licensee obtained the Supporting Program.)
This license applies to each copy of the Program that Licensee makes.
3.1 Trade-ups, Updates, Fixes, and Patches
3.1.1 Trade-ups
If the Program is replaced by a trade-up Program, the replaced Program's license is promptly terminated.
3.1.2 Updates, Fixes, and Patches
When Licensee receives an update, fix, or patch to a Program, Licensee accepts any additional or different terms that are applicable to such update, fix, or patch that are specified in its LI. If no additional or different terms are provided, then the update, fix, or patch is subject solely to this Agreement. If the Program is replaced by an update, Licensee agrees to promptly discontinue use of the replaced Program.
3.2 Fixed Term Licenses
If IBM licenses the Program for a fixed term, Licensee's license is terminated at the end of the fixed term, unless Licensee and IBM agree to renew it.
3.3 Term and Termination
This Agreement is effective until terminated.
IBM may terminate Licensee's license if Licensee fails to comply with the terms of this Agreement.
If the license is terminated for any reason by either party, Licensee agrees to promptly discontinue use of and destroy all of Licensee's copies of the Program. Any terms of this Agreement that by their nature extend beyond termination of this Agreement remain in effect until fulfilled, and apply to both parties' respective successors and assignees.
Charges, if any, are based on Authorized Use obtained, which is specified in the invoice. IBM does not give credits or refunds for charges already due or paid, except as specified elsewhere in this Agreement.
If Licensee wishes to increase its Authorized Use, Licensee must notify IBM or an authorized IBM reseller in advance and pay any applicable charges.
If any authority imposes on the Program a duty, tax, levy, or fee, excluding those based on IBM's net income, then Licensee agrees to pay that amount, as specified in an invoice, or supply exemption documentation. Licensee is responsible for any personal property taxes for the Program from the date that Licensee obtains it. If any authority imposes a customs duty, tax, levy, or fee for the import into or the export, transfer, access, or use of the Program outside the country in which the original Licensee was granted the license, then Licensee agrees that it is responsible for, and will pay, any amount imposed.
If Licensee is dissatisfied with the Program for any reason and is the original Licensee, Licensee may terminate the license and obtain a refund of the amount Licensee paid, if any, for the Program, provided that Licensee returns the Program to the party from whom Licensee obtained it within 30 days of the invoice date. If the license is for a fixed term that is subject to renewal, then Licensee may obtain a refund only if the Program is returned within the first 30 days of the initial term. If Licensee downloaded the Program, Licensee should contact the party from whom Licensee obtained it for instructions on how to obtain the refund.
Licensee may transfer the Program and all of Licensee's license rights and obligations to another party only if that party agrees to the terms of this Agreement. If the license is terminated for any reason by either party, Licensee is prohibited from transferring the Program to another party. Licensee may not transfer a portion of 1) the Program or 2) the Program's Authorized Use. When Licensee transfers the Program, Licensee must also transfer a hard copy of this Agreement, including the LI. Immediately after the transfer, Licensee's license terminates.
SUBJECT TO ANY STATUTORY WARRANTIES THAT CANNOT BE EXCLUDED, IBM MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR SUPPORT, IF ANY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AND ANY WARRANTY OR CONDITION OF NON-INFRINGEMENT.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE MINIMUM PERIOD REQUIRED BY LAW. NO WARRANTIES APPLY AFTER THAT PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. LICENSEE MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8 ALSO APPLY TO ANY OF IBM'S PROGRAM DEVELOPERS AND SUPPLIERS.
MANUFACTURERS, SUPPLIERS, OR PUBLISHERS OF NON-IBM PROGRAMS MAY PROVIDE THEIR OWN WARRANTIES.
IBM DOES NOT PROVIDE SUPPORT OF ANY KIND, UNLESS IBM SPECIFIES OTHERWISE. IN SUCH EVENT, ANY SUPPORT PROVIDED BY IBM IS SUBJECT TO THE DISCLAIMERS AND EXCLUSIONS IN THIS SECTION 8.
To assist Licensee in isolating the cause of a problem with the Program, IBM may request that Licensee 1) allow IBM to remotely access Licensee's system or 2) send Licensee information or system data to IBM. However, IBM is not obligated to provide such assistance unless IBM and Licensee enter a separate written agreement under which IBM agrees to provide to Licensee that type of support, which is beyond IBM's obligations in this Agreement. In any event, IBM uses information about errors and problems to improve its products and services, and assist with its provision of related support offerings. For these purposes, IBM may use IBM entities and subcontractors (including in one or more countries other than the one in which Licensee is located), and Licensee authorizes IBM to do so.
Licensee remains responsible for 1) any data and the content of any database Licensee makes available to IBM, 2) the selection and implementation of procedures and controls regarding access, security, encryption, use, and transmission of data (including any personally-identifiable data), and 3) backup and recovery of any database and any stored data. Licensee will not send or provide IBM access to any personally-identifiable information, whether in data or any other form, and will be responsible for reasonable costs and other amounts that IBM may incur relating to any such information mistakenly provided to IBM or the loss or disclosure of such information by IBM, including those arising out of any third party claims.
The limitations and exclusions in this Section 10 (Limitation of Liability) apply to the full extent they are not prohibited by applicable law without the possibility of contractual waiver.
10.1 Items for Which IBM May Be Liable
Circumstances may arise where, because of a default on IBM's part or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), IBM's entire liability for all claims in the aggregate arising from or related to each Program or otherwise arising under this Agreement will not exceed the amount of any 1) damages for bodily injury (including death) and damage to real property and tangible personal property and 2) other actual direct damages up to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that is the subject of the claim.
This limit also applies to any of IBM's Program developers and suppliers. It is the maximum for which IBM and its Program developers and suppliers are collectively responsible.
10.2 Items for Which IBM Is Not Liable
UNDER NO CIRCUMSTANCES IS IBM, ITS PROGRAM DEVELOPERS OR SUPPLIERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY:
a. LOSS OF, OR DAMAGE TO, DATA;
b. SPECIAL, INCIDENTAL, EXEMPLARY, OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; OR
c. LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS.
For purposes of this Section 11 (Compliance Verification), "ILAN Program Terms" means 1) this Agreement and applicable amendments and transaction documents provided by IBM, and 2) IBM software policies that may be found at the IBM Software Policy website (www.ibm.com/softwarepolicies), including but not limited to those policies concerning backup, sub-capacity pricing, and migration.
The rights and obligations set forth in this Section 11 remain in effect during the period the Program is licensed to Licensee, and for two years thereafter.
11.1 Verification Process
Licensee agrees to create, retain, and provide to IBM and its auditors accurate written records, system tool outputs, and other system information sufficient to provide auditable verification that Licensee's use of all Programs is in compliance with the ILAN Program Terms, including, without limitation, all of IBM's applicable licensing and pricing qualification terms. Licensee is responsible for 1) ensuring that it does not exceed its Authorized Use, and 2) remaining in compliance with ILAN Program Terms.
Upon reasonable notice, IBM may verify Licensee's compliance with ILAN Program Terms at all sites and for all environments in which Licensee uses (for any purpose) Programs subject to ILAN Program Terms. Such verification will be conducted in a manner that minimizes disruption to Licensee's business, and may be conducted on Licensee's premises, during normal business hours. IBM may use an independent auditor to assist with such verification, provided IBM has a written confidentiality agreement in place with such auditor.
11.2 Resolution
IBM will notify Licensee in writing if any such verification indicates that Licensee has used any Program in excess of its Authorized Use or is otherwise not in compliance with the ILAN Program Terms. Licensee agrees to promptly pay directly to IBM the charges that IBM specifies in an invoice for 1) any such excess use, 2) support for such excess use for the lesser of the duration of such excess use or two years, and 3) any additional charges and other liabilities determined as a result of such verification.
The Program may include third party code that IBM, not the third party, licenses to Licensee under this Agreement. Notices, if any, for the third party code ("Third Party Notices") are included for Licensee's information only. These notices can be found in the Program's NOTICES file(s). Information on how to obtain source code for certain third party code can be found in the Third Party Notices. If in the Third Party Notices IBM identifies third party code as "Modifiable Third Party Code," IBM authorizes Licensee to 1) modify the Modifiable Third Party Code and 2) reverse engineer the Program modules that directly interface with the Modifiable Third Party Code provided that it is only for the purpose of debugging Licensee's modifications to such third party code. IBM's service and support obligations, if any, apply only to the unmodified Program.
a. Nothing in this Agreement affects any statutory rights of consumers that cannot be waived or limited by contract.
b. For Programs IBM provides to Licensee in tangible form, IBM fulfills its shipping and delivery obligations upon the delivery of such Programs to the IBM-designated carrier, unless otherwise agreed to in writing by Licensee and IBM.
c. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain in full force and effect.
d. Licensee agrees to comply with all applicable export and import laws and regulations, including U.S. embargo and sanctions regulations and prohibitions on export for certain end uses or to certain users.
e. Licensee authorizes International Business Machines Corporation and its subsidiaries (and their successors and assigns, contractors and IBM Business Partners) to store and use Licensee's business contact information wherever they do business, in connection with IBM products and services, or in furtherance of IBM's business relationship with Licensee.
f. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement.
g. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation: 1) neither party will bring a legal action, regardless of form, for any claim arising out of or related to this Agreement more than two years after the cause of action arose; and 2) upon the expiration of such time limit, any such claim and all respective rights related to the claim lapse.
h. Neither Licensee nor IBM is responsible for failure to fulfill any obligations due to causes beyond its control.
i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except as permitted in Subsection 10.1 (Items for Which IBM May Be Liable) above for bodily injury (including death) or damage to real or tangible personal property for which IBM is legally liable to that third party.
j. In entering into this Agreement, neither party is relying on any representation not specified in this Agreement, including but not limited to any representation concerning: 1) the performance or function of the Program; 2) the experiences or recommendations of other parties; or 3) any results or savings that Licensee may achieve.
k. IBM has signed agreements with certain organizations (called "IBM Business Partners") to promote, market, and support certain Programs. IBM Business Partners remain independent and separate from IBM. IBM is not responsible for the actions or statements of IBM Business Partners or obligations they have to Licensee.
l. The license and intellectual property indemnification terms of Licensee's other agreements with IBM (such as the IBM Customer Agreement) do not apply to Program licenses granted under this Agreement.
m. Both parties agree that all information exchanged is nonconfidential. If either party requires the exchange of confidential information, it will be made under a signed confidentiality agreement.
14.1 Governing Law
Both parties agree to the application of the laws of the country in which Licensee obtained the Program license to govern, interpret, and enforce all of Licensee's and IBM's respective rights, duties, and obligations arising from, or relating in any manner to, the subject matter of this Agreement, without regard to conflict of law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Jurisdiction
All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license.
Part 2 - Country-unique Terms
For licenses granted in the countries specified below, the following terms replace or modify the referenced terms in Part 1. All terms in Part 1 that are not changed by these amendments remain unchanged and in effect. This Part 2 is organized as follows:
Multiple country amendments to Part 1, Section 14 (Governing Law and Jurisdiction)
14.1 Governing Law
The phrase "the laws of the country in which Licensee obtained the Program license" in the first paragraph of 14.1 Governing Law is replaced by the following phrases in the countries below:
AMERICAS
(1) In Canada: the laws in the Province of Ontario;
(2) in Mexico: the federal laws of the Republic of Mexico;
(3) in the United States, Anguilla, Antigua/Barbuda, Aruba, British Virgin Islands, Cayman Islands, Dominica, Grenada, Guyana, Saint Kitts and Nevis, Saint Lucia, Saint Maarten, and Saint Vincent and the Grenadines: the laws of the State of New York, United States;
(4) in Venezuela: the laws of the Bolivarian Republic of Venezuela;
ASIA PACIFIC
(5) in Cambodia and Laos: the laws of the State of New York, United States;
(6) in Australia: the laws of the State or Territory in which the transaction is performed;
(7) in Hong Kong SAR and Macau SAR: the laws of Hong Kong Special Administrative Region ("SAR");
(8) in Taiwan: the laws of Taiwan;
EUROPE, MIDDLE EAST, AND AFRICA
(9) in Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan: the laws of Austria;
(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the laws of France;
(11) in Estonia, Latvia, and Lithuania: the laws of Finland;
(12) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the laws of England; and
(13) in South Africa, Namibia, Lesotho, and Swaziland: the laws of the Republic of South Africa.
14.2 Jurisdiction
The following paragraph pertains to jurisdiction and replaces Subsection 14.2 (Jurisdiction) as it applies for those countries identified below:
All rights, duties, and obligations are subject to the courts of the country in which Licensee obtained the Program license except that in the countries identified below all disputes arising out of or related to this Agreement, including summary proceedings, will be brought before and subject to the exclusive jurisdiction of the following courts of competent jurisdiction:
AMERICAS
(1) In Argentina: the Ordinary Commercial Court of the city of Buenos Aires;
(2) in Brazil: the court of Rio de Janeiro, RJ;
(3) in Chile: the Civil Courts of Justice of Santiago;
(4) in Ecuador: the civil judges of Quito for executory or summary proceedings (as applicable);
(5) in Mexico: the courts located in Mexico City, Federal District;
(6) in Peru: the judges and tribunals of the judicial district of Lima, Cercado;
(7) in Uruguay: the courts of the city of Montevideo;
(8) in Venezuela: the courts of the metropolitan area of the city of Caracas;
EUROPE, MIDDLE EAST, AND AFRICA
(9) in Austria: the court of law in Vienna, Austria (Inner-City);
(10) in Algeria, Andorra, Benin, Burkina Faso, Cameroon, Cape Verde, Central African Republic, Chad, Comoros, Congo Republic, Djibouti, Democratic Republic of Congo, Equatorial Guinea, France, French Guiana, French Polynesia, Gabon, Gambia, Guinea, Guinea-Bissau, Ivory Coast, Lebanon, Madagascar, Mali, Mauritania, Mauritius, Mayotte, Monaco, Morocco, New Caledonia, Niger, Reunion, Senegal, Seychelles, Togo, Tunisia, Vanuatu, and Wallis and Futuna: the Commercial Court of Paris;
(11) in Angola, Bahrain, Botswana, Burundi, Egypt, Eritrea, Ethiopia, Ghana, Jordan, Kenya, Kuwait, Liberia, Malawi, Malta, Mozambique, Nigeria, Oman, Pakistan, Qatar, Rwanda, Sao Tome and Principe, Saudi Arabia, Sierra Leone, Somalia, Tanzania, Uganda, United Arab Emirates, the United Kingdom, West Bank/Gaza, Yemen, Zambia, and Zimbabwe: the English courts;
(12) in South Africa, Namibia, Lesotho, and Swaziland: the High Court in Johannesburg;
(13) in Greece: the competent court of Athens;
(14) in Israel: the courts of Tel Aviv-Jaffa;
(15) in Italy: the courts of Milan;
(16) in Portugal: the courts of Lisbon;
(17) in Spain: the courts of Madrid; and
(18) in Turkey: the Istanbul Central Courts and Execution Directorates of Istanbul, the Republic of Turkey.
14.3 Arbitration
The following paragraph is added as a new Subsection 14.3 (Arbitration) as it applies for those countries identified below. The provisions of this Subsection 14.3 prevail over those of Subsection 14.2 (Jurisdiction) to the extent permitted by the applicable governing law and rules of procedure:
ASIA PACIFIC
(1) In Cambodia, India, Laos, Philippines, and Vietnam:
Disputes arising out of or in connection with this Agreement will be finally settled by arbitration which will be held in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Center ("SIAC Rules") then in effect. The arbitration award will be final and binding for the parties without appeal and will be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators will be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties will appoint a third arbitrator who will act as chairman of the proceedings. Vacancies in the post of chairman will be filled by the president of the SIAC. Other vacancies will be filled by the respective nominating party. Proceedings will continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator will be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings will be conducted, including all documents presented in such proceedings, in the English language. The English language version of this Agreement prevails over any other language version.
(2) In the People's Republic of China:
In case no settlement can be reached, the disputes will be submitted to China International Economic and Trade Arbitration Commission for arbitration according to the then effective rules of the said Arbitration Commission. The arbitration will take place in Beijing and be conducted in Chinese. The arbitration award will be final and binding on both parties. During the course of arbitration, this agreement will continue to be performed except for the part which the parties are disputing and which is undergoing arbitration.
(3) In Indonesia:
Each party will allow the other reasonable opportunity to comply before it claims that the other has not met its obligations under this Agreement. The parties will attempt in good faith to resolve all disputes, disagreements, or claims between the parties relating to this Agreement. Unless otherwise required by applicable law without the possibility of contractual waiver or limitation, i) neither party will bring a legal action, regardless of form, arising out of or related to this Agreement or any transaction under it more than two years after the cause of action arose; and ii) after such time limit, any legal action arising out of this Agreement or any transaction under it and all respective rights related to any such action lapse.
Disputes arising out of or in connection with this Agreement shall be finally settled by arbitration that shall be held in Jakarta, Indonesia in accordance with the rules of Board of the Indonesian National Board of Arbitration (Badan Arbitrase Nasional Indonesia or "BANI") then in effect. The arbitration award shall be final and binding for the parties without appeal and shall be in writing and set forth the findings of fact and the conclusions of law.
The number of arbitrators shall be three, with each side to the dispute being entitled to appoint one arbitrator. The two arbitrators appointed by the parties shall appoint a third arbitrator who shall act as chairman of the proceedings. Vacancies in the post of chairman shall be filled by the chairman of the BANI. Other vacancies shall be filled by the respective nominating party. Proceedings shall continue from the stage they were at when the vacancy occurred.
If one of the parties refuses or otherwise fails to appoint an arbitrator within 30 days of the date the other party appoints its, the first appointed arbitrator shall be the sole arbitrator, provided that the arbitrator was validly and properly appointed.
All proceedings shall be conducted, including all documents presented in such proceedings, in the English and/or Indonesian language.
EUROPE, MIDDLE EAST, AND AFRICA
(4) In Albania, Armenia, Azerbaijan, Belarus, Bosnia-Herzegovina, Bulgaria, Croatia, Former Yugoslav Republic of Macedonia, Georgia, Hungary, Kazakhstan, Kyrgyzstan, Moldova, Montenegro, Poland, Romania, Russia, Serbia, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan:
All disputes arising out of this Agreement or related to its violation, termination or nullity will be finally settled under the Rules of Arbitration and Conciliation of the International Arbitral Center of the Federal Economic Chamber in Vienna (Vienna Rules) by three arbitrators appointed in accordance with these rules. The arbitration will be held in Vienna, Austria, and the official language of the proceedings will be English. The decision of the arbitrators will be final and binding upon both parties. Therefore, pursuant to paragraph 598 (2) of the Austrian Code of Civil Procedure, the parties expressly waive the application of paragraph 595 (1) figure 7 of the Code. IBM may, however, institute proceedings in a competent court in the country of installation.
(5) In Estonia, Latvia, and Lithuania:
All disputes arising in connection with this Agreement will be finally settled in arbitration that will be held in Helsinki, Finland in accordance with the arbitration laws of Finland then in effect. Each party will appoint one arbitrator. The arbitrators will then jointly appoint the chairman. If arbitrators cannot agree on the chairman, then the Central Chamber of Commerce in Helsinki will appoint the chairman.
AMERICAS COUNTRY AMENDMENTS
CANADA
10.1 Items for Which IBM May Be Liable
The following replaces Item 1 in the first paragraph of this Subsection 10.1 (Items for Which IBM May Be Liable):
1) damages for bodily injury (including death) and physical harm to real property and tangible personal property caused by IBM's negligence; and
13. General
The following replaces Item 13.d:
d. Licensee agrees to comply with all applicable export and import laws and regulations, including those of that apply to goods of United States origin and that prohibit or limit export for certain uses or to certain users.
The following replaces Item 13.i:
i. No right or cause of action for any third party is created by this Agreement or any transaction under it, nor is IBM responsible for any third party claims against Licensee except as permitted by the Limitation of Liability section above for bodily injury (including death) or physical harm to real or tangible personal property caused by IBM's negligence for which IBM is legally liable to that third party.
The following is added as Item 13.n:
n. For purposes of this Item 13.n, "Personal Data" refers to information relating to an identified or identifiable individual made available by one of the parties, its personnel or any other individual to the other in connection with this Agreement. The following provisions apply in the event that one party makes Personal Data available to the other:
(1) General
(a) Each party is responsible for complying with any obligations applying to it under applicable Canadian data privacy laws and regulations ("Laws").
(b) Neither party will request Personal Data beyond what is necessary to fulfill the purpose(s) for which it is requested. The purpose(s) for requesting Personal Data must be reasonable. Each party will agree in advance as to the type of Personal Data that is required to be made available.
(2) Security Safeguards
(a) Each party acknowledges that it is solely responsible for determining and communicating to the other the appropriate technological, physical and organizational security measures required to protect Personal Data.
(b) Each party will ensure that Personal Data is protected in accordance with the security safeguards communicated and agreed to by the other.
(c) Each party will ensure that any third party to whom Personal Data is transferred is bound by the applicable terms of this section.
(d) Additional or different services required to comply with the Laws will be deemed a request for new services.
(3) Use
Each party agrees that Personal Data will only be used, accessed, managed, transferred, disclosed to third parties or otherwise processed to fulfill the purpose(s) for which it was made available.
(4) Access Requests
(a) Each party agrees to reasonably cooperate with the other in connection with requests to access or amend Personal Data.
(b) Each party agrees to reimburse the other for any reasonable charges incurred in providing each other assistance.
(c) Each party agrees to amend Personal Data only upon receiving instructions to do so from the other party or its personnel.
(5) Retention
Each party will promptly return to the other or destroy all Personal Data that is no longer necessary to fulfill the purpose(s) for which it was made available, unless otherwise instructed by the other or its personnel or required by law.
(6) Public Bodies Who Are Subject to Public Sector Privacy Legislation
For Licensees who are public bodies subject to public sector privacy legislation, this Item 13.n applies only to Personal Data made available to Licensee in connection with this Agreement, and the obligations in this section apply only to Licensee, except that: 1) section (2)(a) applies only to IBM; 2) sections (1)(a) and (4)(a) apply to both parties; and 3) section (4)(b) and the last sentence in (1)(b) do not apply.
PERU
10. Limitation of Liability
The following is added to the end of this Section 10 (Limitation of Liability):
Except as expressly required by law without the possibility of contractual waiver, Licensee and IBM intend that the limitation of liability in this Limitation of Liability section applies to damages caused by all types of claims and causes of action. If any limitation on or exclusion from liability in this section is held by a court of competent jurisdiction to be unenforceable with respect to a particular claim or cause of action, the parties intend that it nonetheless apply to the maximum extent permitted by applicable law to all other claims and causes of action.
10.1 Items for Which IBM May Be Liable
The following is added to the end of this Subsection 10.1:
In accordance with Article 1328 of the Peruvian Civil Code, the limitations and exclusions specified in this section will not apply to damages caused by IBM's willful misconduct ("dolo") or gross negligence ("culpa inexcusable").
UNITED STATES OF AMERICA
5. Taxes
The following is added to the end of this Section 5 (Taxes):
For Programs delivered electronically in the United States for which Licensee claims a state sales and use tax exemption, Licensee agrees not to receive any tangible personal property (e.g., media and publications) associated with the electronic program.
Licensee agrees to be responsible for any sales and use tax liabilities that may arise as a result of Licensee's subsequent redistribution of Programs after delivery by IBM.
13. General
The following is added to Section 13 as Item 13.n:
n. U.S. Government Users Restricted Rights - Use, duplication or disclosure is restricted by the GSA IT Schedule 70 Contract with the IBM Corporation.
The following is added to Item 13.f:
Each party waives any right to a jury trial in any proceeding arising out of or related to this Agreement.
ASIA PACIFIC COUNTRY AMENDMENTS
AUSTRALIA
5. Taxes
The following sentences replace the first two sentences of Section 5 (Taxes):
If any government or authority imposes a duty, tax (other than income tax), levy, or fee, on this Agreement or on the Program itself, that is not otherwise provided for in the amount payable, Licensee agrees to pay it when IBM invoices Licensee. If the rate of GST changes, IBM may adjust the charge or other amount payable to take into account that change from the date the change becomes effective.
8. No Warranties
The following is added to the first paragraph of Section 8 (No Warranties):
Although IBM specifies that there are no warranties, Licensee may have certain rights under the Competition and Consumer Act 2010 or other legislation and are only limited to the extent permitted by the applicable legislation.
10.1 Items for Which IBM May Be Liable
The following is added to Subsection 10.1 (Items for Which IBM Maybe Liable):
Where IBM is in breach of a condition or warranty implied by the Competition and Consumer Act 2010, IBM's liability is limited to the repair or replacement of the goods, or the supply of equivalent goods. Where that condition or warranty relates to right to sell, quiet possession or clear title, or the goods are of a kind ordinarily obtained for personal, domestic or household use or consumption, then none of the limitations in this paragraph apply.
HONG KONG SAR, MACAU SAR, AND TAIWAN
As applies to licenses obtained in Taiwan and the special administrative regions, phrases throughout this Agreement containing the word "country" (for example, "the country in which the original Licensee was granted the license" and "the country in which Licensee obtained the Program license") are replaced with the following:
(1) In Hong Kong SAR: "Hong Kong SAR"
(2) In Macau SAR: "Macau SAR" except in the Governing Law clause (Section 14.1)
(3) In Taiwan: "Taiwan."
INDIA
10.1 Items for Which IBM May Be Liable
The following replaces the terms of Items 1 and 2 of the first paragraph:
1) liability for bodily injury (including death) or damage to real property and tangible personal property will be limited to that caused by IBM's negligence; and 2) as to any other actual damage arising in any situation involving nonperformance by IBM pursuant to, or in any way related to the subject of this Agreement, IBM's liability will be limited to the charge paid by Licensee for the individual Program that is the subject of the claim.
13. General
The following replaces the terms of Item 13.g:
g. If no suit or other legal action is brought, within three years after the cause of action arose, in respect of any claim that either party may have against the other, the rights of the concerned party in respect of such claim will be forfeited and the other party will stand released from its obligations in respect of such claim.
INDONESIA
3.3 Term and Termination
The following is added to the last paragraph:
Both parties waive the provision of article 1266 of the Indonesian Civil Code, to the extent the article provision requires such court decree for the termination of an agreement creating mutual obligations.
JAPAN
13. General
The following is inserted as Item 13.n:
n. Any doubts concerning this Agreement will be initially resolved between us in good faith and in accordance with the principle of mutual trust.
MALAYSIA
10.2 Items for Which IBM Is Not Liable
The word "SPECIAL" in Item 10.2b is deleted.
NEW ZEALAND
8. No Warranties
The following is added to the first paragraph of this Section 8 (No Warranties):
Although IBM specifies that there are no warranties, Licensee may have certain rights under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if Licensee requires the goods for the purposes of a business as defined in that Act.
10. Limitation of Liability
The following is added:
Where Programs are not obtained for the purposes of a business as defined in the Consumer Guarantees Act 1993, the limitations in this Section are subject to the limitations in that Act.
PEOPLE'S REPUBLIC OF CHINA
4. Charges
The following is added:
All banking charges incurred in the People's Republic of China will be borne by Licensee and those incurred outside the People's Republic of China will be borne by IBM.
PHILIPPINES
10.2 Items for Which IBM Is Not Liable
The following replaces the terms of Item 10.2b:
b. special (including nominal and exemplary damages), moral, incidental, or indirect damages or for any economic consequential damages; or
SINGAPORE
10.2 Items for Which IBM Is Not Liable
The words "SPECIAL" and "ECONOMIC" are deleted from Item 10.2b.
13. General
The following replaces the terms of Item 13.i:
i. Subject to the rights provided to IBM's suppliers and Program developers as provided in Section 10 above (Limitation of Liability), a person who is not a party to this Agreement will have no right under the Contracts (Right of Third Parties) Act to enforce any of its terms.
TAIWAN
10.1 Items for Which IBM May Be Liable
The following sentences are deleted:
This limit also applies to any of IBM's subcontractors and Program developers. It is the maximum for which IBM and its subcontractors and Program developers are collectively responsible.
EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS
EUROPEAN UNION MEMBER STATES
8. No Warranties
The following is added to Section 8 (No Warranties):
In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 8 (No Warranties).
EU MEMBER STATES AND THE COUNTRIES IDENTIFIED BELOW
Iceland, Liechtenstein, Norway, Switzerland, Turkey, and any other European country that has enacted local data privacy or protection legislation similar to the EU model.
13. General
The following replaces Item 13.e:
(1) Definitions - For the purposes of this Item 13.e, the following additional definitions apply:
(a) Business Contact Information - business-related contact information disclosed by Licensee to IBM, including names, job titles, business addresses, telephone numbers and email addresses of Licensee's employees and contractors. For Austria, Italy and Switzerland, Business Contact Information also includes information about Licensee and its contractors as legal entities (for example, Licensee's revenue data and other transactional information)
(b) Business Contact Personnel - Licensee employees and contractors to whom the Business Contact Information relates.
(c) Data Protection Authority - the authority established by the Data Protection and Electronic Communications Legislation in the applicable country or, for non-EU countries, the authority responsible for supervising the protection of personal data in that country, or (for any of the foregoing) any duly appointed successor entity thereto.
(d) Data Protection & Electronic Communications Legislation - (i) the applicable local legislation and regulations in force implementing the requirements of EU Directive 95/46/EC (on the protection of individuals with regard to the processing of personal data and on the free movement of such data) and of EU Directive 2002/58/EC (concerning the processing of personal data and the protection of privacy in the electronic communications sector); or (ii) for non-EU countries, the legislation and/or regulations passed in the applicable country relating to the protection of personal data and the regulation of electronic communications involving personal data, including (for any of the foregoing) any statutory replacement or modification thereof.
(e) IBM Group - International Business Machines Corporation of Armonk, New York, USA, its subsidiaries, and their respective Business Partners and subcontractors.
(2) Licensee authorizes IBM:
(a) to process and use Business Contact Information within IBM Group in support of Licensee including the provision of support services, and for the purpose of furthering the business relationship between Licensee and IBM Group, including, without limitation, contacting Business Contact Personnel (by email or otherwise) and marketing IBM Group products and services (the "Specified Purpose"); and
(b) to disclose Business Contact Information to other members of IBM Group in pursuit of the Specified Purpose only.
(3) IBM agrees that all Business Contact Information will be processed in accordance with the Data Protection & Electronic Communications Legislation and will be used only for the Specified Purpose.
(4) To the extent required by the Data Protection & Electronic Communications Legislation, Licensee represents that (a) it has obtained (or will obtain) any consents from (and has issued (or will issue) any notices to) the Business Contact Personnel as are necessary in order to enable IBM Group to process and use the Business Contact Information for the Specified Purpose.
(5) Licensee authorizes IBM to transfer Business Contact Information outside the European Economic Area, provided that the transfer is made on contractual terms approved by the Data Protection Authority or the transfer is otherwise permitted under the Data Protection & Electronic Communications Legislation.
AUSTRIA
8. No Warranties
In Austria (and Germany) the following replaces Section 8 (No Warranties) in its entirety, including its title, if Licensee paid a charge to obtain the Program.
8. Warranties and Exclusions
The warranty period is twelve months from the date of delivery. The limitation period for consumers in action for breach of warranty is the statutory period as a minimum.
The warranty for an IBM Program covers the functionality of the Program for its normal use and the Program's conformity to its specifications.
IBM warrants that when the Program is used in the specified operating environment it will conform to its specifications. IBM does not warrant uninterrupted or error-free operation of the Program or that IBM will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program.
The warranty applies only to the unmodified portion of the Program.
If the Program does not function as warranted during the warranty period and the problem cannot be resolved with information available, Licensee may return the Program to the party from whom Licensee acquired it and receive a refund of the amount Licensee paid. If Licensee down loaded the Program, Licensee may contact the party from whom Licensee acquired it to obtain the refund.
This is IBM's sole obligation to Licensee, except as otherwise required by applicable statutory law.
10. Limitation of Liability
The following is added:
The following limitations and exclusions of IBM's liability do not apply for damages caused by gross negligence or willful misconduct.
10.1 Items for Which IBM May Be Liable
The following replaces the first sentence in the first paragraph:
Circumstances may arise where, because of a default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM.
In the second sentence of the first paragraph, delete entirely the parenthetical phrase:
"(including fundamental breach, negligence, misrepresentation, or other contract or tort claim)".
10.2 Items for Which IBM Is Not Liable
The following replaces Item 10.2b:
b. indirect damages or consequential damages; or
BELGIUM, FRANCE, ITALY, AND LUXEMBOURG
10. Limitation of Liability
The following replaces the terms of Section 10 (Limitation of Liability) in its entirety:
Except as otherwise provided by mandatory law:
10.1 Items for Which IBM May Be Liable
IBM's entire liability for all claims in the aggregate for any damages and losses that may arise as a consequence of the fulfillment of its obligations under or in connection with this Agreement or due to any other cause related to this Agreement is limited to the compensation of only those damages and losses proved and actually arising as an immediate and direct consequence of the non-fulfillment of such obligations (if IBM is at fault) or of such cause, for a maximum amount equal to the charges (if the Program is subject to fixed term charges, up to twelve months' charges) Licensee paid for the Program that has caused the damages.
The above limitation will not apply to damages for bodily injuries (including death) and damages to real property and tangible personal property for which IBM is legally liable.
10.2 Items for Which IBM Is Not Liable
UNDER NO CIRCUMSTANCES IS IBM OR ANY OF ITS PROGRAM DEVELOPERS LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY: 1) LOSS OF, OR DAMAGE TO, DATA; 2) INCIDENTAL, EXEMPLARY OR INDIRECT DAMAGES, OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES; AND / OR 3) LOST PROFITS, BUSINESS, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF THEY ARISE AS AN IMMEDIATE CONSEQUENCE OF THE EVENT THAT GENERATED THE DAMAGES.
10.3 Suppliers and Program Developers
The limitation and exclusion of liability herein agreed applies not only to the activities performed by IBM but also to the activities performed by its suppliers and Program developers, and represents the maximum amount for which IBM as well as its suppliers and Program developers are collectively responsible.
GERMANY
8. No Warranties
This Section 8 (No Warranties) is amended as specified for AUSTRIA.
10. Limitation of Liability
The following replaces this Section 10 (Limitation of Liability) in its entirety:
a. IBM will be liable without limit for 1) loss or damage caused by a breach of an express guarantee; 2) damages or losses resulting in bodily injury (including death); and 3) damages caused intentionally or by gross negligence.
b. In the event of loss, damage and frustrated expenditures caused by slight negligence or in breach of essential contractual obligations, IBM will be liable, regardless of the basis on which Licensee is entitled to claim damages from IBM (including fundamental breach, negligence, misrepresentation, or other contract or tort claim), per claim only up to the greater of 500,000 euro or the charges (if the Program is subject to fixed term charges, up to 12 months' charges) Licensee paid for the Program that caused the loss or damage. A number of defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one default.
c. In the event of loss, damage and frustrated expenditures caused by slight negligence, IBM will not be liable for indirect or consequential damages, even if IBM was informed about the possibility of such loss or damage.
d. In case of delay on IBM's part: 1) IBM will pay to Licensee an amount not exceeding the loss or damage caused by IBM's delay and 2) IBM will be liable only in respect of the resulting damages that Licensee suffers, subject to the provisions of Items a and b above.
13. General
The following replaces the provisions of 13.g:
g. Any claims resulting from this Agreement are subject to a limitation period of three years, except as stated in Section 8 (No Warranties) of this Agreement.
The following replaces the provisions of 13.i:
i. No right or cause of action for any third party is created by this Agreement, nor is IBM responsible for any third party claims against Licensee, except (to the extent permitted in Section 10 (Limitation of Liability)) for: i) bodily injury (including death); or ii) damage to real or tangible personal property for which (in either case) IBM is legally liable to that third party.
IRELAND
8. No Warranties
The following sentence is added to the second paragraph of this Section 8 (No Warranties):
Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (the "1980 Act"), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).
IRELAND AND UNITED KINGDOM
2. Agreement Structure
The following sentence is added:
Nothing in this paragraph shall have the effect of excluding or limiting liability for fraud.
10.1 Items for Which IBM May Be Liable
The following replaces the first paragraph of the Subsection:
For the purposes of this section, a "Default" means any act, statement, omission or negligence on the part of IBM in connection with, or in relation to, the subject matter of an Agreement in respect of which IBM is legally liable to Licensee, whether in contract or in tort. A number of Defaults which together result in, or contribute to, substantially the same loss or damage will be treated as one Default.
Circumstances may arise where, because of a Default by IBM in the performance of its obligations under this Agreement or other liability, Licensee is entitled to recover damages from IBM. Regardless of the basis on which Licensee is entitled to claim damages from IBM and except as expressly required by law without the possibility of contractual waiver, IBM's entire liability for any one Default will not exceed the amount of any direct damages, to the extent actually suffered by Licensee as an immediate and direct consequence of the Default, up to the greater of (1) 500,000 euro (or the equivalent in local currency) or (2) 125% of the charges (if the Program is subject to fixed term charges, up to 12 months' charges) for the Program that is the subject of the claim. Notwithstanding the foregoing, the amount of any damages for bodily injury (including death) and damage to real property and tangible personal property for which IBM is legally liable is not subject to such limitation.
10.2 Items for Which IBM Is Not Liable
The following replaces Items 10.2b and 10.2c:
b. special, incidental, exemplary, or indirect damages or consequential damages; or
c. wasted management time or lost profits, business, revenue, goodwill, or anticipated savings.
Z125-5589-05 (07/2011)
LICENSE INFORMATION
The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the IBM International License Agreement for Non-Warranted Programs (Z125-5589-05) applies.
Program Name: IBM(R) 32-bit SDK for AIX, Java(TM) Technology Edition, Version 8
Program Number: TOOLS
Program Name: IBM(R) 64-bit SDK for AIX, Java(TM) Technology Edition, Version 8
Program Number: TOOLS
Redistributables
If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
5) Licensee may not remove any copyright or notice files contained in the Redistributables;
6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
7) Licensee may not use the same path name as the original Redistributable files/modules;
8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
9) IBM, its suppliers and distributors provide the Redistributables and related documentation without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.
Technology Preview Code
Technology Preview Code (TPC) may be included or distributed with the Program or updates to it but are not part of the Program. TPC is licensed under the same terms as the Program, except as provided below. TPC will be identified as such in the Notices File (or in an updated Notices File accompanying the updates). Some or all of the TPC may not be made generally available by IBM as or in a product. Licensee is permitted to use TPC only for internal use for evaluation purposes and not for use in a production environment. The Notices File may limit this evaluation use to an evaluation period. If so, at the end of such evaluation period Licensee must cease using and uninstall the TPC. IBM provides the TPC without obligation of support and "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Licensee may not transfer TPC to another party except as a transfer accompanying the Program. TPC may contain a disabling device that will prevent it from being used after the evaluation period ends. Licensee will not tamper with this disabling device or the TPC. Licensee should take precautions to avoid any loss of data that might result when the TPC can no longer be used.
L/N: L-SJAH-9TFCYY
D/N: L-SJAH-9TFCYY
P/N: L-SJAH-9TFCYY
LICENSE INFORMATION
The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the IBM International License Agreement for Evaluation of Programs (Z125-5543-05) applies.
Program Name: IBM DB2 Enterprise Server Edition for Linux, UNIX and Windows 10.5.0.5
Program Number: Evaluation
Evaluation Period
The evaluation period begins on the date that Licensee agrees to the terms of this Agreement and ends after 90 days.
Supporting Programs
The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. A Supporting Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Supporting Program. In the event of conflict, the terms in this License Information document supersede the Supporting Program's terms. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.
The following are Supporting Programs licensed with the Program:
IBM Database Add-ins for Visual Studio 10.5
IBM Data Server Driver for JDBC and SQLJ 3
IBM Data Server Driver for JDBC and SQLJ 4
IBM Data Server Drivers for ODBC and CLI 10.5
IBM Data Server Driver Package 10.5
IBM SDK/Runtime Environment, Java(TM) 2 Technology Edition 7.0
IBM Tivoli System Automation for Multiplatforms 3.2
IBM Tivoli Directory Server 6.3 - Client Only (component)
IBM Tivoli Storage Flashcopy Manager 3.2
IBM Tivoli Storage Flashcopy Manager 4.1
IBM Enterprise Content Management Text Search 2.1
IBM Global Security Toolkit 8.0
IBM General Parallel File System (GPFS) for AIX 3.5
IBM General Parallel File System (GPFS) for Linux Multiplatform 3.5
IBM DB2 Connect 10.5 (component)
IBM Installation Manager and Packaging Utility for the Rational Software Development Platform 1.6
IBM Data Studio 4.1
IBM WebSphere Application Server 8.5
IBM WebSphere MQ 7.5
Technology Preview Code
Technology Preview Code (TPC) may be included or distributed with the Program or updates to it but are not part of the Program. TPC is licensed under the same terms as the Program, except as provided below. TPC will be identified as such in the Notices File (or in an updated Notices File accompanying the updates). Some or all of the TPC may not be made generally available by IBM as or in a product. Licensee is permitted to use TPC only for internal use for evaluation purposes and not for use in a production environment. The Notices File may limit this evaluation use to an evaluation period. If so, at the end of such evaluation period Licensee must cease using and uninstall the TPC. IBM provides the TPC without obligation of support and "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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LICENSE INFORMATION
The Programs listed below are licensed under the following License Information terms and conditions in addition to the Program license terms previously agreed to by Client and IBM. If Client does not have previously agreed to license terms in effect for the Program, the IBM International Program License Agreement (Z125-3301-14) applies.
Program Name: IBM DB2 Enterprise Server Edition for Linux, UNIX and Windows 10.5.0.5
Program Number: 5765-F41
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Supporting Programs
The Program is licensed as a multi-product package and includes the Supporting Programs identified below. Licensee is authorized to install and use such Supporting Programs only to support Licensee's use of the Principal Program under this Agreement and within the limits of the Proofs of Entitlement for the Program (unless broader rights are provided elsewhere in this License Information document). The phrase "to support Licensee's use" would include only those uses that are necessary or otherwise directly related to a licensed use of the Principal Program or another Supporting Program. The Supporting Programs may not be used for any other purpose. Licensee is not authorized to transfer or remarket the Supporting Programs separate from the Principal Program. A Supporting Program may be accompanied by license terms, and those terms, if any, apply to Licensee's use of that Supporting Program. In the event of conflict, the terms in this License Information document supersede the Supporting Program's terms. When Licensee's right to use the Program expires or terminates, Licensee must discontinue use, destroy or promptly return all copies of the Supporting Programs to the party from whom Licensee acquired the Program. If Licensee downloaded the Supporting Programs, Licensee should contact the party from whom Licensee acquired the Program. If Licensee wishes to license the Supporting Programs for any use beyond the limits set forth above, please contact an IBM Sales Representative or the party from whom Licensee acquired the Program to obtain the appropriate license.
The following are Supporting Programs licensed with the Program:
IBM Database Add-ins for Visual Studio 10.5
IBM Data Server Driver for JDBC and SQLJ 3
IBM Data Server Driver for JDBC and SQLJ 4
IBM Data Server Drivers for ODBC and CLI 10.5
IBM Data Server Driver Package 10.5
IBM SDK/Runtime Environment, Java(TM) 2 Technology Edition 7.0
IBM Tivoli System Automation for Multiplatforms 3.2
IBM Tivoli Directory Server 6.3 - Client Only (component)
IBM Tivoli Storage Flashcopy Manager 3.2
IBM Tivoli Storage Flashcopy Manager 4.1
IBM Enterprise Content Management Text Search 2.1
IBM Global Security Toolkit 8.0
IBM General Parallel File System (GPFS) for AIX 3.5
IBM General Parallel File System (GPFS) for Linux Multiplatform 3.5
IBM DB2 Connect 10.5 (component)
IBM Installation Manager and Packaging Utility for the Rational Software Development Platform 1.6
IBM Data Studio 4.1
IBM WebSphere Application Server 8.5
IBM WebSphere MQ 7.5
Components Not Used for Establishing Required Entitlements
When determining the number of entitlements required for Licensee's installation or use of the Program, the installation or use of the following Program components are not taken into consideration. In other words, Licensee may install and use the following Program components, under the license terms, but these components are not used to determine the number of entitlements required for the Program.
Data Server Clients and documentation
IBM Data Server Driver for JDBC and SQLJ
Redistributables
If the Program includes components that are Redistributable, they will be identified in the REDIST file that accompanies the Program. In addition to the license rights granted in the Agreement, Licensee may distribute the Redistributables subject to the following terms:
1) Redistribution must be in object code form only and must conform to all directions, instruction and specifications in the Program's accompanying REDIST or documentation;
2) If the Program's accompanying documentation expressly allows Licensee to modify the Redistributables, such modification must conform to all directions, instruction and specifications in that documentation and these modifications, if any, must be treated as Redistributables;
3) Redistributables may be distributed only as part of Licensee's application that was developed using the Program ("Licensee's Application") and only to support Licensee's customers in connection with their use of Licensee's Application. Licensee's Application must constitute significant value add such that the Redistributables are not a substantial motivation for the acquisition by end users of Licensee's software product;
4) If the Redistributables include a Java Runtime Environment, Licensee must also include other non-Java Redistributables with Licensee's Application, unless the Application is designed to run only on general computer devices (for example, laptops, desktops and servers) and not on handheld or other pervasive devices (i.e., devices that contain a microprocessor but do not have computing as their primary purpose);
5) Licensee may not remove any copyright or notice files contained in the Redistributables;
6) Licensee must hold IBM, its suppliers or distributors harmless from and against any claim arising out of the use or distribution of Licensee's Application;
7) Licensee may not use the same path name as the original Redistributable files/modules;
8) Licensee may not use IBM's, its suppliers or distributors names or trademarks in connection with the marketing of Licensee's Application without IBM's or that supplier's or distributor's prior written consent;
9) IBM, its suppliers and distributors provide the Redistributables and related documentation without obligation of support and "AS IS", WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
10) Licensee is responsible for all technical assistance for Licensee's Application and any modifications to the Redistributables; and
11) Licensee's license agreement with the end user of Licensee's Application must notify the end user that the Redistributables or their modifications may not be i) used for any purpose other than to enable Licensee's Application, ii) copied (except for backup purposes), iii) further distributed or transferred without Licensee's Application or iv) reverse assembled, reverse compiled, or otherwise translated except as specifically permitted by law and without the possibility of a contractual waiver. Furthermore, Licensee's license agreement must be at least as protective of IBM as the terms of this Agreement.
Technology Preview Code
Technology Preview Code (TPC) may be included or distributed with the Program or updates to it but are not part of the Program. TPC is licensed under the same terms as the Program, except as provided below. TPC will be identified as such in the Notices File (or in an updated Notices File accompanying the updates). Some or all of the TPC may not be made generally available by IBM as or in a product. Licensee is permitted to use TPC only for internal use for evaluation purposes and not for use in a production environment. The Notices File may limit this evaluation use to an evaluation period. If so, at the end of such evaluation period Licensee must cease using and uninstall the TPC. IBM provides the TPC without obligation of support and "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF TITLE, NON-INFRINGEMENT OR NON-INTERFERENCE AND ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Licensee may not transfer TPC to another party except as a transfer accompanying the Program. TPC may contain a disabling device that will prevent it from being used after the evaluation period ends. Licensee will not tamper with this disabling device or the TPC. Licensee should take precautions to avoid any loss of data that might result when the TPC can no longer be used.
Authorized User Single Install
Authorized User Single Install is a unit of measure by which the Program can be licensed. An Authorized User is a unique person who is given access to the Program. An Install is an installed copy of the Program on a physical or virtual disk made available to be executed on a computer. The Program may be installed on any number of computers or servers, but if the Authorized User has accessed or has access to more than one Install of the Program, the Authorized User requires a separate entitlement for each such Install. Licensee must obtain separate, dedicated entitlements for each Authorized User given access to the Program on each Install in any manner directly or indirectly (for example: via a multiplexing program, device, or application server) through any means. An entitlement for an Authorized User is unique to that Authorized User and may not be shared, nor may it be reassigned other than for the permanent transfer of the Authorized User entitlement to another person.
Processor Value Unit (PVU)
Processor Value Unit (PVU) is a unit of measure by which the Program can be licensed. The number of PVU entitlements required is based on the processor technology (defined within the PVU Table by Processor Vendor, Brand, Type and Model Number at http://www.ibm.com/software/lotus/passportadvantage/pvu_licensing_for_customers.html) and the number of processors made available to the Program. IBM continues to define a processor, for the purpose of PVU-based licensing, to be each processor core on a chip. A dual-core processor chip, for example, has two processor cores.
Licensee can deploy the Program using either Full Capacity licensing or Virtualization Capacity (Sub-Capacity) licensing according to the Passport Advantage Sub-Capacity Licensing Terms (see webpage below). If using Full Capacity licensing, Licensee must obtain PVU entitlements sufficient to cover all activated processor cores* in the physical hardware environment made available to or managed by the Program, except for those servers from which the Program has been permanently removed. If using Virtualization Capacity licensing, Licensee must obtain entitlements sufficient to cover all activated processor cores made available to or managed by the Program, as defined according to the Virtualization Capacity License Counting Rules at http://www.ibm.com/software/lotus/passportadvantage/Counting_Software_licenses_using_specific_virtualization_technologies.html.
* An Activated processor core is a processor core that is available for use in a physical or virtual server, regardless of whether the capacity of the processor core can be or is limited through virtualization technologies, operating system commands, BIOS settings, or similar restrictions.
General Charge Terms
1. If the Program is licensed under the Authorized User Single Install metric:
a) the Program must be licensed for a minimum of 25 Authorized User Single Installs per 100 PVUs applicable to all physical and virtual servers on which the Program is installed; and
b) additional Installs of the Program within the same virtual server or unpartitioned physical server for the purpose of migration to a different version, release or fix level of the Program does not require a separate Authorized User Single Install entitlement.
Program-unique Terms
1. Prohibited Components
Notwithstanding any provision in the Agreement, Licensee is not authorized to use any of the following components or functions of the Program:
- Native database encryption
- Native backup encryption
- column-organized tables
- pureScale clustering technology
- Database Partitioning
- Row Compression
- Adaptive Compression
- Workload Management
- Continuous Data Ingest
- Intelligent Mining
- Unstructured Text Analysis
- Cubing Services
- Accessing federated data in DB2 for i or DB2 for z data servers
- Accessing federated data in non-IBM data servers, except accessing federated data through SQL Warehousing Tool
- SQL Replication with DB2 for i or DB2 for z data servers
- SQL Replication with non-IBM data servers
- Q Replication
- Change Data Capture (CDC)
2. High Availability/Failover Configurations
The following describes Licensee's license entitlement requirements for secondary or standby servers used for high availability/failover configurations in support of primary servers on which the Program is installed. The following entitlement requirements are cumulative and are in addition to the entitlements required for the primary servers.
2.1 Hot Standby
"Hot Standby" means that the Program is operational on the secondary/standby server(s) to service user transactions or queries. All Hot Standby servers must be fully licensed under the same charge metric as the primary servers.
2.2 Idle/Warm Standby
"Idle/Warm Standby" means that the Program is installed but is not operational to service user transactions or query workloads, and is used exclusively for administrative actions that assist in failover scenarios, such as: having a database in rollforward pending state to support log shipping; or making a flash copy of a DB2 database and performing a database backup of this copy on another server; or keeping a standby database synchronized using the HADR component of the Program. Idle/Warm Standby servers must be licensed as follows:
- If the primary server(s) are licensed under the PVU metric, then on the secondary/standby server(s) the Program must be licensed for 100 PVUs per physical server.
- If the primary server(s) are licensed under the Authorized User Single Install metric, then on the secondary/standby server(s) the Program must be licensed for 25 Authorized User Single Installs per physical server.
2.3 Cold Standby
"Cold Standby" means that the Program is installed but the DB2 data server is not running. A server is considered a Cold Standby server if Licensee must run the command "db2start" to instantiate the DB2 data server. No additional license entitlements are required for Cold Standby servers.
2.4 Chargeable Features
If Licensee has license entitlements to the following separately chargeable features, Licensee may use these features at no additional charge on an Idle/Warm Standby and/or Cold Standby server:
- DB2 Advanced Recovery Feature
3. Supporting Program Details
IBM DB2 Connect components
- Use Limitations: Use by Principal Program
"Use by Principal Program" means that the Supporting Program is provided exclusively for use by the Principal Program. Neither Licensee nor any application, program or device is authorized to directly use or access the services of the Supporting Program except Licensee may access the Supporting Program to perform administrative functions for the Supporting Program such as backup, recovery and authorized configuration.
README for release 6b of 27-Mar-1998
This distribution contains the sixth public release of the Independent JPEG Group's free JPEG software. You are welcome to redistribute this software and to use it for any purpose, subject to the conditions under LEGAL ISSUES, below.
Serious users of this software (particularly those incorporating it into larger programs) should contact IJG at jpeg-info@uunet.uu.net to be added to our electronic mailing list. Mailing list members are notified of updates and have a chance to participate in technical discussions, etc.
This software is the work of Tom Lane, Philip Gladstone, Jim Boucher, Lee Crocker, Julian Minguillon, Luis Ortiz, George Phillips, Davide Rossi, Guido Vollbeding, Ge' Weijers, and other members of the Independent JPEG Group.
IJG is not affiliated with the official ISO JPEG standards committee.
DOCUMENTATION ROADMAP
=====================
This file contains the following sections:
General description of JPEG and the IJG software.
Copyright, lack of warranty, terms of distribution.
Where to learn more about JPEG.
Where to find newer versions of this software.
Other stuff you should get.
Software *not* to get.
Plans for future IJG releases.
Other documentation files in the distribution are:
User documentation:
How to configure and install the IJG software.
Usage instructions for cjpeg, djpeg, jpegtran, rdjpgcom, and wrjpgcom.
Unix-style man pages for programs (same info as usage.doc).
Advanced usage instructions for JPEG wizards only.
Version-to-version change highlights.
Programmer and internal documentation:
How to use the JPEG library in your own programs.
Sample code for calling the JPEG library.
Overview of the JPEG library's internal structure.
Road map of IJG files.
Coding style rules --- please read if you contribute code.
Please read at least the files install.doc and usage.doc. Useful information can also be found in the JPEG FAQ (Frequently Asked Questions) article. See ARCHIVE LOCATIONS below to find out where to obtain the FAQ article.
If you want to understand how the JPEG code works, we suggest reading one or more of the REFERENCES, then looking at the documentation files (in roughly the order listed) before diving into the code.
OVERVIEW
========
This package contains C software to implement JPEG image compression and decompression. JPEG (pronounced "jay-peg") is a standardized compression method for full-color and gray-scale images. JPEG is intended for compressing "real-world" scenes; line drawings, cartoons and other non-realistic images are not its strong suit. JPEG is lossy, meaning that the output image is not exactly identical to the input image. Hence you must not use JPEG if you have to have identical output bits. However, on typical photographic images, very good compression levels can be obtained with no visible change, and remarkably high compression levels are possible if you can tolerate a low-quality image. For more details, see the references, or just experiment with various compression settings.
This software implements JPEG baseline, extended-sequential, and progressive compression processes. Provision is made for supporting all variants of these processes, although some uncommon parameter settings aren't implemented yet. For legal reasons, we are not distributing code for the arithmetic-coding variants of JPEG; see LEGAL ISSUES. We have made no provision for supporting the hierarchical or lossless processes defined in the standard.
We provide a set of library routines for reading and writing JPEG image files, plus two sample applications "cjpeg" and "djpeg", which use the library to perform conversion between JPEG and some other popular image file formats. The library is intended to be reused in other applications.
In order to support file conversion and viewing software, we have included considerable functionality beyond the bare JPEG coding/decoding capability; for example, the color quantization modules are not strictly part of JPEG decoding, but they are essential for output to colormapped file formats or colormapped displays. These extra functions can be compiled out of the library if not required for a particular application. We have also included "jpegtran", a utility for lossless transcoding between different JPEG processes, and "rdjpgcom" and "wrjpgcom", two simple applications for inserting and extracting textual comments in JFIF files.
The emphasis in designing this software has been on achieving portability and flexibility, while also making it fast enough to be useful. In particular, the software is not intended to be read as a tutorial on JPEG. (See the REFERENCES section for introductory material.) Rather, it is intended to be reliable, portable, industrial-strength code. We do not claim to have achieved that goal in every aspect of the software, but we strive for it.
We welcome the use of this software as a component of commercial products. No royalty is required, but we do ask for an acknowledgement in product documentation, as described under LEGAL ISSUES.
LEGAL ISSUES
============
In plain English:
In legalese:
The authors make NO WARRANTY or representation, either express or implied, with respect to this software, its quality, accuracy, merchantability, or fitness for a particular purpose. This software is provided "AS IS", and you, its user, assume the entire risk as to its quality and accuracy.
This software is copyright (C) 1991-1998, Thomas G. Lane.
All Rights Reserved except as specified below.
Permission is hereby granted to use, copy, modify, and distribute this software (or portions thereof) for any purpose, without fee, subject to these conditions:
These conditions apply to any software derived from or based on the IJG code, not just to the unmodified library. If you use our work, you ought to acknowledge us.
Permission is NOT granted for the use of any IJG author's name or company name in advertising or publicity relating to this software or products derived from it. This software may be referred to only as "the Independent JPEG Group's software".
We specifically permit and encourage the use of this software as the basis of commercial products, provided that all warranty or liability claims are assumed by the product vendor.
ansi2knr.c is included in this distribution by permission of L. Peter Deutsch, sole proprietor of its copyright holder, Aladdin Enterprises of Menlo Park, CA. ansi2knr.c is NOT covered by the above copyright and conditions, but instead by the usual distribution terms of the Free Software Foundation; principally, that you must include source code if you redistribute it. (See the file ansi2knr.c for full details.) However, since ansi2knr.c is not needed as part of any program generated from the IJG code, this does not limit you more than the foregoing paragraphs do.
The Unix configuration script "configure" was produced with GNU Autoconf. It is copyright by the Free Software Foundation but is freely distributable. The same holds for its supporting scripts (config.guess, config.sub, ltconfig, ltmain.sh). Another support script, install-sh, is copyright by M.I.T. but is also freely distributable.
It appears that the arithmetic coding option of the JPEG spec is covered by patents owned by IBM, AT&T, and Mitsubishi. Hence arithmetic coding cannot legally be used without obtaining one or more licenses. For this reason, support for arithmetic coding has been removed from the free JPEG software. (Since arithmetic coding provides only a marginal gain over the unpatented Huffman mode, it is unlikely that very many implementations will support it.) So far as we are aware, there are no patent restrictions on the remaining code.
The IJG distribution formerly included code to read and write GIF files. To avoid entanglement with the Unisys LZW patent, GIF reading support has been removed altogether, and the GIF writer has been simplified to produce "uncompressed GIFs". This technique does not use the LZW algorithm; the resulting GIF files are larger than usual, but are readable by all standard GIF decoders.
We are required to state that
"The Graphics Interchange Format(c) is the Copyright property of CompuServe Incorporated. GIF(sm) is a Service Mark property of CompuServe Incorporated."
REFERENCES
==========
We highly recommend reading one or more of these references before trying to understand the innards of the JPEG software.
The best short technical introduction to the JPEG compression algorithm is Wallace, Gregory K. "The JPEG Still Picture Compression Standard", Communications of the ACM, April 1991 (vol. 34 no. 4), pp. 30-44. (Adjacent articles in that issue discuss MPEG motion picture compression, applications of JPEG, and related topics.) If you don't have the CACM issue handy, a PostScript file containing a revised version of Wallace's article is available at ftp://ftp.uu.net/graphics/jpeg/wallace.ps.gz. The file (actually a preprint for an article that appeared in IEEE Trans. Consumer Electronics) omits the sample images that appeared in CACM, but it includes corrections and some added material. Note: the Wallace article is copyright ACM and IEEE, and it may not be used for commercial purposes.
A somewhat less technical, more leisurely introduction to JPEG can be found in "The Data Compression Book" by Mark Nelson and Jean-loup Gailly, published by M&T Books (New York), 2nd ed. 1996, ISBN 1-55851-434-1. This book provides good explanations and example C code for a multitude of compression methods including JPEG. It is an excellent source if you are comfortable reading C code but don't know much about data compression in general. The book's JPEG sample code is far from industrial-strength, but when you are ready to look at a full implementation, you've got one here...
The best full description of JPEG is the textbook "JPEG Still Image Data Compression Standard" by William B. Pennebaker and Joan L. Mitchell, published by Van Nostrand Reinhold, 1993, ISBN 0-442-01272-1. Price US$59.95, 638 pp. The book includes the complete text of the ISO JPEG standards (DIS 10918-1 and draft DIS 10918-2). This is by far the most complete exposition of JPEG in existence, and we highly recommend it.
The JPEG standard itself is not available electronically; you must order a paper copy through ISO or ITU. (Unless you feel a need to own a certified official copy, we recommend buying the Pennebaker and Mitchell book instead; it's much cheaper and includes a great deal of useful explanatory material.) In the USA, copies of the standard may be ordered from ANSI Sales at (212) 642-4900, or from Global Engineering Documents at (800) 854-7179. (ANSI doesn't take credit card orders, but Global does.) It's not cheap: as of 1992, ANSI was charging $95 for Part 1 and $47 for Part 2, plus 7% shipping/handling. The standard is divided into two parts, Part 1 being the actual specification, while Part 2 covers compliance testing methods. Part 1 is titled "Digital Compression and Coding of Continuous-tone Still Images, Part 1: Requirements and guidelines" and has document numbers ISO/IEC IS 10918-1, ITU-T T.81. Part 2 is titled "Digital Compression and Coding of Continuous-tone Still Images, Part 2: Compliance testing" and has document numbers ISO/IEC IS 10918-2, ITU-T T.83.
Some extensions to the original JPEG standard are defined in JPEG Part 3, a newer ISO standard numbered ISO/IEC IS 10918-3 and ITU-T T.84. IJG currently does not support any Part 3 extensions.
The JPEG standard does not specify all details of an interchangeable file format. For the omitted details we follow the "JFIF" conventions, revision 1.02. A copy of the JFIF spec is available from:
Literature Department
C-Cube Microsystems, Inc.
1778 McCarthy Blvd.
Milpitas, CA 95035
phone (408) 944-6300, fax (408) 944-6314
A PostScript version of this document is available by FTP at ftp://ftp.uu.net/graphics/jpeg/jfif.ps.gz. There is also a plain text version at ftp://ftp.uu.net/graphics/jpeg/jfif.txt.gz, but it is missing the figures.
The TIFF 6.0 file format specification can be obtained by FTP from ftp://ftp.sgi.com/graphics/tiff/TIFF6.ps.gz. The JPEG incorporation scheme found in the TIFF 6.0 spec of 3-June-92 has a number of serious problems. IJG does not recommend use of the TIFF 6.0 design (TIFF Compression tag 6). Instead, we recommend the JPEG design proposed by TIFF Technical Note #2 (Compression tag 7). Copies of this Note can be obtained from ftp.sgi.com or from ftp://ftp.uu.net/graphics/jpeg/. It is expected that the next revision of the TIFF spec will replace the 6.0 JPEG design with the Note's design. Although IJG's own code does not support TIFF/JPEG, the free libtiff library uses our library to implement TIFF/JPEG per the Note. libtiff is available from ftp://ftp.sgi.com/graphics/tiff/.
ARCHIVE LOCATIONS
=================
The "official" archive site for this software is ftp.uu.net (Internet address 192.48.96.9). The most recent released version can always be found there in directory graphics/jpeg. This particular version will be archived as ftp://ftp.uu.net/graphics/jpeg/jpegsrc.v6b.tar.gz. If you don't have direct Internet access, UUNET's archives are also available via UUCP; contact help@uunet.uu.net for information on retrieving files that way.
Numerous Internet sites maintain copies of the UUNET files. However, only ftp.uu.net is guaranteed to have the latest official version.
You can also obtain this software in DOS-compatible "zip" archive format from the SimTel archives (ftp://ftp.simtel.net/pub/simtelnet/msdos/graphics/), or on CompuServe in the Graphics Support forum (GO CIS:GRAPHSUP), library 12 "JPEG Tools". Again, these versions may sometimes lag behind the ftp.uu.net release.
The JPEG FAQ (Frequently Asked Questions) article is a useful source of general information about JPEG. It is updated constantly and therefore is not included in this distribution. The FAQ is posted every two weeks to Usenet newsgroups comp.graphics.misc, news.answers, and other groups. It is available on the World Wide Web at http://www.faqs.org/faqs/jpeg-faq/ and other news.answers archive sites, including the official news.answers archive at rtfm.mit.edu: ftp://rtfm.mit.edu/pub/usenet/news.answers/jpeg-faq/. If you don't have Web or FTP access, send e-mail to mail-server@rtfm.mit.edu with body
send usenet/news.answers/jpeg-faq/part1
send usenet/news.answers/jpeg-faq/part2
RELATED SOFTWARE
================
Numerous viewing and image manipulation programs now support JPEG. (Quite a few of them use this library to do so.) The JPEG FAQ described above lists some of the more popular free and shareware viewers, and tells where to obtain them on Internet.
If you are on a Unix machine, we highly recommend Jef Poskanzer's free PBMPLUS software, which provides many useful operations on PPM-format image files. In particular, it can convert PPM images to and from a wide range of other formats, thus making cjpeg/djpeg considerably more useful. The latest version is distributed by the NetPBM group, and is available from numerous sites, notably ftp://wuarchive.wustl.edu/graphics/graphics/packages/NetPBM/. Unfortunately PBMPLUS/NETPBM is not nearly as portable as the IJG software is; you are likely to have difficulty making it work on any non-Unix machine.
A different free JPEG implementation, written by the PVRG group at Stanford, is available from ftp://havefun.stanford.edu/pub/jpeg/. This program is designed for research and experimentation rather than production use; it is slower, harder to use, and less portable than the IJG code, but it is easier to read and modify. Also, the PVRG code supports lossless JPEG, which we do not. (On the other hand, it doesn't do progressive JPEG.)
FILE FORMAT WARS
================
Some JPEG programs produce files that are not compatible with our library. The root of the problem is that the ISO JPEG committee failed to specify a concrete file format. Some vendors "filled in the blanks" on their own, creating proprietary formats that no one else could read. (For example, none of the early commercial JPEG implementations for the Macintosh were able to exchange compressed files.)
The file format we have adopted is called JFIF (see REFERENCES). This format has been agreed to by a number of major commercial JPEG vendors, and it has become the de facto standard. JFIF is a minimal or "low end" representation. We recommend the use of TIFF/JPEG (TIFF revision 6.0 as modified by TIFF Technical Note #2) for "high end" applications that need to record a lot of additional data about an image. TIFF/JPEG is fairly new and not yet widely supported, unfortunately.
The upcoming JPEG Part 3 standard defines a file format called SPIFF. SPIFF is interoperable with JFIF, in the sense that most JFIF decoders should be able to read the most common variant of SPIFF. SPIFF has some technical advantages over JFIF, but its major claim to fame is simply that it is an official standard rather than an informal one. At this point it is unclear whether SPIFF will supersede JFIF or whether JFIF will remain the de-facto standard. IJG intends to support SPIFF once the standard is frozen, but we have not decided whether it should become our default output format or not. (In any case, our decoder will remain capable of reading JFIF indefinitely.)
Various proprietary file formats incorporating JPEG compression also exist. We have little or no sympathy for the existence of these formats. Indeed, one of the original reasons for developing this free software was to help force convergence on common, open format standards for JPEG files. Don't use a proprietary file format!
TO DO
=====
The major thrust for v7 will probably be improvement of visual quality. The current method for scaling the quantization tables is known not to be very good at low Q values. We also intend to investigate block boundary smoothing, "poor man's variable quantization", and other means of improving quality-vs-file-size performance without sacrificing compatibility.
In future versions, we are considering supporting some of the upcoming JPEG Part 3 extensions --- principally, variable quantization and the SPIFF file format.
As always, speeding things up is of great interest.
Please send bug reports, offers of help, etc. to jpeg-info@uunet.uu.net.
No copyright information is immediately available for this product.
IMPORTANT NOTICE: Please read the following carefully! Placing an order or opening this sealed media package or loading the software recorded on the enclosed media ("the SOFTWARE") into any computer shall be deemed acceptance of the terms and conditions of this Agreement. Should you not agree with the following requirements you have the prerogative to return the unopened package promptly to Ricoh Production Print Solutions LLC or one of its affiliates within Ricoh Company, Ltd ("RICOH") or to its local distributor or dealer where it was purchased, and the amount you paid will be refunded. This is a legal document and constitutes a legally binding agreement between you (referred to herein as the "Licensee") and RICOH. This End User License Agreement was prepared in the English language, and the English-language version of this End User License Agreement will prevail over any translations.
Worldwide
IMPORTANT NOTICE: Please read the following carefully! Placing an order or opening this sealed media package or loading the software recorded on the enclosed media ("the SOFTWARE") into any computer shall be deemed acceptance of the terms and conditions of this Agreement. Should you not agree with the following requirements you have the prerogative to return the unopened package promptly to Ricoh Production Print Solutions LLC or one of its affiliates within Ricoh Company, Ltd ("RICOH") or to its local distributor or dealer where it was purchased, and the amount you paid will be refunded. This is a legal document and constitutes a legally binding agreement between you (referred to herein as the "Licensee") and RICOH. This End User License Agreement was prepared in the English language, and the English-language version of this End User License Agreement will prevail over any translations.
1.1
Licensee acknowledges that the SOFTWARE is the intellectual property of RICOH and/or its licensors who retain(s) all rights and title to the SOFTWARE. All physical media on which any SOFTWARE is delivered by RICOH shall remain the property of RICOH.
1.2
Subject to the terms and conditions hereof and payment of the full license fee, RICOH grants Licensee a non-exclusive, non-transferable right to use the SOFTWARE.
1.3
Licensee shall use the SOFTWARE solely for Licensee's internal purposes. Licensee shall not use the SOFTWARE to process any data or files for any third party (including, for clarity, any affiliate of Licensee) or in any service bureau arrangement.
1.4
Licensee may not copy the SOFTWARE or related documentation, provided that Licensee may make a single copy of the SOFTWARE for archival and/or backup purposes. Such copy shall include all copyright and trademark notices incorporated in the SOFTWARE by RICOH and its suppliers and Licensee shall mark such copy with the same labels, including any copyright and/or trademark notices, as are found on the media on which the SOFTWARE was delivered by RICOH. Licensee shall not use such backup copy in a &odq;production&cdqg; mode unless the SOFTWARE ordinarily used by Licensee for production purposes is damaged or otherwise unavailable for use. Licensee shall not modify or remove any copyright or trademark notices of RICOH or its suppliers on any SOFTWARE or any related documentation.
1.5
Licensee shall use the SOFTWARE only at the locations, on the workstations and in association with the output devices for which the SOFTWARE was originally licensed. Should Licensee wish to transfer its use of the SOFTWARE to another location, workstation and/or output device, Licensee shall have the right to do so, provided that Licensee provides RICOH with five days prior written notice of any such change. In the event that any such transfer results in the SOFTWARE being installed at a location that is not serviced by the dealer, distributor or RICOH representative from whom Licensee originally licensed the SOFTWARE, then notwithstanding any provision of this Agreement or any other agreement between Licensee and RICOH, neither RICOH nor any of its affiliates, dealers or representatives, shall have any obligation to provide support or maintenance services to Licensee for the SOFTWARE. For any transfer of the SOFTWARE from one workstation to a new workstation, Licensee shall delete the SOFTWARE from the first workstation prior to using the SOFTWARE in a &odq;production&cdqg; mode on the new workstation. For clarity, the foregoing shall not be deemed to prohibit Licensee from maintaining the SOFTWARE on both workstations on a temporary basis, solely for the purpose of enabling Licensee to conduct testing to ensure that the transfer of the SOFTWARE to the new workstation was successful.
1.6
In the event that Licensee wishes to: (i) use the SOFTWARE to process data or files for any third party or in any service bureau arrangement; or (ii) make the SOFTWARE available to additional locations, additional workstations or output devices (as a hosted application or otherwise), then in either case, Licensee shall provide RICOH with written notice setting out its proposed use in sufficient detail to enable RICOH to assess the extent of such proposed use and its impact on the pricing and other terms applicable to Licensee (a &odq;Change Request&cdqg;). Upon receipt of any Change Request, RICOH shall have the right to request that Licensee provide an amended Change Request, setting out Licensee's proposed use in further detail and any other information reasonably required by RICOH to evaluate such Change Request. Upon any such request from RICOH, Licensee shall provide an amended Change Request that includes the additional information requested by RICOH. Within a reasonable time after receipt by RICOH of a Change Request (as amended, if applicable), RICOH shall have the right, in its sole discretion, to provide Licensee with written notice that it rejects such Change Request (a &odq;Rejection Notice&cdqg;) or that it will accept such Change Request (a &odq;Conditional Acceptance Notice&cdqg;), subject to payment of additional fees and other terms and conditions set out in such Conditional Acceptance Notice. In the event that Licensee provides RICOH with written confirmation of its agreement to the terms and conditions set out in the Conditional Acceptance Notice, the Change Request (as amended, if applicable) and corresponding Conditional Acceptance Notice shall be deemed to be incorporated into this Agreement as if this Agreement has been amended in accordance with Section 7.6. For clarity, Licensee acknowledges and agrees that, other than providing either a Rejection Notice or a Conditional Acceptance Notice, as determined by RICOH in its sole discretion, RICOH shall have no obligation in connection with any Change Request provided by Licensee, and until such time as RICOH provides a Conditional Acceptance Notice and Licensee provides written confirmation of its agreement to the terms of such Conditional Acceptance Notice, Licensee shall have no rights with respect to the SOFTWARE other than those expressly set out in this Agreement.
1.7
Licensee shall take all reasonable security measures required to ensure that access to the SOFTWARE is restricted to those personnel who need access to the SOFTWARE in order to perform their duties to Licensee and Licensee shall ensure that such personnel are informed of and comply with the restrictions set out in this Agreement.
1.8
Licensee may not share with any third party (including, for clarity, any affiliate of Licensee) any profile created with the SOFTWARE unless prior to such sharing Licensee has used commercially reasonable efforts to confirm that such third party has a valid license to use the SOFTWARE for which the profile was created.
1.9
Licensee shall continuously monitor its usage of the SOFTWARE and shall maintain accurate records relating to such usage. Licensee shall provide RICOH with reports and other documentary evidence reasonably requested by RICOH that set out Licensee's usage of the SOFTWARE in a manner that is sufficient to enable RICOH to determine whether or not Licensee's use of the SOFTWARE has complied with the requirements of this Agreement. In addition, RICOH shall have the right, upon seven days prior written notice, to audit such records and to inspect Licensee's premises in order to confirm Licensee's compliance with the requirements of this Agreement, provided that no such audit shall be conducted more frequently than once per calendar year.
2.1
Except as expressly permitted in this Agreement, Licensee may not sell, assign, lend, otherwise transfer or sublicense the SOFTWARE or related documentation or any of its rights or obligations hereunder to any third party.
2.2
Licensee acknowledges and agrees that RICOH and its suppliers own all right, title and interest in the SOFTWARE and related documentation, and in all patents, trademarks, trade names, inventions, copyrights, know-how, and trade secrets or other intellectual property rights relating to the SOFTWARE, related documentation or the marketing thereof. The use by Licensee of the SOFTWARE is authorized only for the purposes herein set forth and upon termination of this Agreement for any reason, such authorization shall cease. There are no implied licenses granted under this Agreement, and all rights not expressly granted to Licensee in this Agreement are reserved.
2.3
Licensee may not, directly or indirectly, including through any person or entity under its control or direction, in any form or manner, copy, distribute, reproduce, incorporate, use or allow access to the SOFTWARE or modify or prepare derivative works of the SOFTWARE or related documentation, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the SOFTWARE. Notwithstanding the foregoing, decompiling the SOFTWARE is permitted solely to the extent that the laws of the jurisdiction applicable to Licensee's use of the SOFTWARE give Licensee the right to do so to obtain information necessary to render the SOFTWARE interoperable with other software; provided, however, that Licensee must first request such information from RICOH, and RICOH may, in its discretion, either provide such information to the Licensee or impose reasonable conditions, including a reasonable fee, on such use of the SOFTWARE to ensure that RICOH's (and its suppliers') proprietary rights in the SOFTWARE are protected.
3.1
&odq;RICOH Confidential Information&cdqg; consists of (i) any information designated by RICOH as confidential, (ii) any information relating to the SOFTWARE including the source code relating to the SOFTWARE, and (iii) any information relating to RICOH's product plans, product designs, product costs, product prices, product names, finances, marketing plans, business opportunities, personnel, research, development or know-how except such information which the parties agree in writing is not confidential. Information disclosed by RICOH in oral form shall be deemed to be RICOH Confidential Information only to the extent it is reduced to writing and transmitted to Licensee and identified as proprietary, within thirty (30) days after the oral disclosure to Licensee.
3.2
Licensee shall not use in any way for its own account (other than for the purpose of performing its obligations or enjoying the benefit of its rights hereunder) or the account of any third party, nor disclose to any third party, any RICOH Confidential Information. Licensee shall protect all RICOH Confidential Information from disclosure to others with at least the same degree of care as that which is accorded to its own proprietary information, but in no event with less than reasonable care. In the event of termination of this Agreement, there shall be no use or disclosure by Licensee of any RICOH Confidential Information, and Licensee shall, at RICOH's option, return or destroy any RICOH Confidential Information in its possession or control, and Licensee shall not develop or have developed any software programs utilizing any of the RICOH Confidential Information.
3.3
The foregoing restrictions shall not apply to information that (i) is known to Licensee at the time of disclosure to Licensee, (ii) has become publicly known through no wrongful act of Licensee, (iii) has been rightfully received from a third party authorized to make such disclosure without restriction, or (iv) has been approved for release by written authorization of RICOH.
3.4
Licensee agrees to notify RICOH promptly in the event of any circumstance in which it would appear that any RICOH Confidential Information was prejudiced or exposed to loss. Licensee shall, upon request of RICOH, take all reasonable steps necessary to recover any compromised RICOH Confidential Information disclosed to or placed in the possession of Licensee by virtue of this Agreement.
3.5
Licensee agrees to use the SOFTWARE under carefully controlled conditions for the purposes set forth in this Agreement, and to inform all employees, contractors, agents and representatives who are given access to the SOFTWARE by Licensee of the terms and conditions contained in this Agreement and that the SOFTWARE contains confidential trade secrets of RICOH and its suppliers and is licensed to Licensee as such. Licensee shall be fully responsible for the conduct of all its employees, contractors, agents and representatives who may in any way breach Licensee's obligations under this Agreement.
3.6
Licensee acknowledges that any breach of any of its obligations under this Section 3 is likely to cause or threaten irreparable harm to RICOH, and, accordingly, Licensee agrees that in such event, RICOH shall be entitled, in addition to any other rights under this Agreement, to equitable relief to protect its interest therein, as well as money damages.
4.1
RICOH warrants that from the date of delivery of the SOFTWARE to Licensee until the date that is three months thereafter (the &odq;Warranty Period&cdqg;), the SOFTWARE will meet the functionality and performance standards outlined in the user documentation currently valid as of the date of delivery of the SOFTWARE to Licensee. In the event that any substantial failure of the SOFTWARE to meet such functionality and performance standards occurs during the Warranty Period, RICOH will use reasonable efforts to correct such substantial failure, provided that: (i) such failure is reproducible by RICOH on RICOH's own systems; (ii) such failure does not arise as: (X) a result of Licensee's combination of the SOFTWARE with any hardware, software, computer system or device not supplied by RICOH or not otherwise supported by RICOH, or (Y) any modification of the SOFTWARE by Licensee or any third party, (iii) Licensee gives immediate notice with a sufficient description of such failure and provides proof of purchase to RICOH, and (iv) Licensee is not otherwise in breach of this Agreement. Any corrections will, at RICOH's option, be incorporated regularly into new revisions of the SOFTWARE or, until the release of such new revisions, into temporary versions. Such corrections may be delivered to Licensee, at RICOH's option, by upgrading to a new version of the SOFTWARE, or in the form of a temporary patch. If, in performing its obligations pursuant to this Section 4.1, RICOH delivers to Licensee new SOFTWARE versions with expanded functionality or performance which was not included in the SOFTWARE version originally licensed hereunder, the warranty provided by RICOH pursuant to this Section 4.1 shall not cover such additional functionality or performance. In no event will RICOH have any obligation to support, maintain or otherwise correct errors or malfunctions relating to the SOFTWARE at any time after expiration of the Warranty Period.
4.2
The performance by RICOH of its obligations set out in Section 4.1 constitutes the entire liability of RICOH and its distributors and dealers and the sole remedy of Licensee in connection with any error, malfunction or failure to conform to specifications of the software.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, RICOH GRANTS NO WARRANTIES AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FOR CLARITY, RICOH PROVIDES NO GUARANTEE THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED, ERROR FREE OR IN ACCORDANCE WITH ITS PUBLISHED SPECIFICATIONS OR WILL OTHERWISE MEET LICENSEE'S REQUIREMENTS.
IN ADDITION, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, LICENSEE ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, ANY ELEMENTS OF THE SOFTWARE AND RELATED DOCUMENTATION (THE "EXCLUDED COMPONENTS") PROVIDED BY ADOBE SYSTEMS INCORPORATED, ADOBE SYSTEMS SOFTWARE IRELAND LIMITED AND/OR THEIR RESPECTIVE SUPPLIERS (COLLECTIVELY, THE "ADOBE PARTIES") IS PROVIDED BY RICOH TO LICENSEE ON AN "AS IS" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER RICOH NOR ANY OF THE ADOBE PARTIES MAKE ANY WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE EXCLUDED COMPONENTS. IN PARTICULAR, WITH RESPECT TO THE EXCLUDED COMPONENTS, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND SYSTEM INTEGRATION ARE EXPRESSLY EXCLUDED. LICENSEE WILL NOT HAVE THE RIGHT TO MAKE OR PASS ON, AND WILL TAKE ALL MEASURES NECESSARY TO ENSURE THAT NEITHER IT NOR ANY OF ITS AGENTS OR EMPLOYEES WILL MAKE OR PASS ON, ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION WITH RESPECT TO THE EXCLUDED COMPONENTS ON BEHALF OF RICOH OR THE ADOBE PARTIES TO ANY THIRD PARTY.
4.3
Subject to Sections 4.4 and 4.5, RICOH agrees, at its own expense, to defend or at its option to settle any claim or action brought against Licensee on the issue of infringement of any United States trademark, United States trade secrets, United States patent, United States copyright or other United States intellectual property right of any third party by the SOFTWARE as used within the scope of this Agreement, and to indemnify Licensee against all damages, losses, expenses and costs, (including legal fees) finally awarded by a court of competent jurisdiction against Licensee under any such claim or action; provided that Licensee provides RICOH with (i) prompt written notice of such claim or action, (ii) sole control and authority over the defense or settlement of such claim or action and (iii) proper and full information and reasonable assistance to defend and/or settle any such claim or action. In the event that the SOFTWARE, or a part thereof, is held, or in RICOH's sole opinion, may be held to constitute an infringement of a third party's United States patent or United States copyright, RICOH, at its option and expense, may either (x) modify the SOFTWARE so it becomes non-infringing, (y) replace the SOFTWARE with functionally equivalent non-infringing materials reasonably acceptable to Licensee or (z) accept return of the SOFTWARE and return to Licensee a portion of the license fee paid by Licensee for the SOFTWARE, based upon a three year useful life for the SOFTWARE. For example, if Licensee paid a license fee of $1,000 one year before the date of such return, RICOH shall refund to Licensee an amount equal to 66.67% (i.e. 2/3) of the total license fee paid, or $666.67. For clarity, Licensee acknowledges and agrees that if any such return occurs after the date that is three years from the date on which Licensee paid RICOH the license fee for the SOFTWARE, Licensee will not be entitled to any payment pursuant to this Section 4.3 in respect of returned SOFTWARE. Notwithstanding the foregoing, RICOH shall have no liability if the alleged infringement arises from (i) the use of other than a then current release of the SOFTWARE, or (ii) combinations of the SOFTWARE with non-RICOH programs or products. THE FOREGOING STATES THE ENTIRE LIABILITY AND OBLIGATIONS OF RICOH AND THE EXCLUSIVE REMEDY OF LICENSEE, WITH RESPECT TO ANY ALLEGED OR ACTUAL INFRINGEMENT OF WORLDWIDE PATENTS, COPYRIGHTS, TRADE SECRETS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE SOFTWARE.
4.4
IN NO EVENT SHALL RICOH BE LIABLE FOR ANY indirect, special, incidental or consequential damages of any kind (including WITHOUT LIMITATION, DAMAGES ARISING FROM lost profits, LOST REVENUES, LOST DATA, DOWNTIME, LOST PRODUCTION or WASTE OF MATERIALS) regardless of the form of action, whether in contract, tort, including negligence OR STRICT LIABILITY, OR BASED UPON ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.5
RICOH'S LIABILITY FOR DAMAGES FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE OR STRICT LIABILITY, OR BASED UPON ANY OTHER LEGAL THEORY, SHALL BE LIMITED TO THE LICENSE FEE PAID FOR THE SOFTWARE BY LICENSEE.
5.1
RICOH shall have the right to approve, prior to its dissemination, any press release or other public statement by Licensee that mentions RICOH or uses any trademark of RICOH and/or its licensors.
6.1
If Licensee is a U.S. Government customer, the SOFTWARE and related documentation are being provided as a &odq;commercial item,&cdqg; as that term is defined at 48 C.F.R. 2.101, and are more specifically identified as &odq;commercial computer software&cdqg; and &odq;commercial computer software documentation,&cdqg; as such terms are used in 48 C.F.R. 12.212, consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. RICOH is providing such SOFTWARE and related documentation to U.S. Government customers (a) only as a commercial end item and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
7.1
This Agreement may be terminated by RICOH upon written notice, if: (i) Licensee breaches any material term or condition of this Agreement and such breach is capable of being cured but Licensee fails to remedy the breach within 30 days after being given written notice thereof; (ii) Licensee breaches any material term or condition of this Agreement and such breach is not capable of being cured; or (iii) Licensee becomes the subject of any voluntary or involuntary bankruptcy.
7.2
Upon any termination of this Agreement pursuant to Section 7.1 above or any return of SOFTWARE by Licensee, Licensee shall, at RICOH's option, either: (i) return to RICOH all physical media containing the SOFTWARE and any RICOH Confidential Information (and delete the same from electronically stored media), or (ii) destroy all physical media containing the SOFTWARE and any RICOH Confidential Information (and delete the same from electronically stored media), and in either case, provide RICOH with a certificate attesting to such destruction and deletion, in a form satisfactory to RICOH and signed by an officer of Licensee.
7.3
Without limiting any other provision of this Agreement, Licensee may be held legally responsible for any copyright infringement which is caused by, encouraged by or otherwise results from Licensee's failure to observe the terms of this Agreement.
7.4
RICOH may assign this Agreement in whole or in part without Licensee's consent. Licensee may not assign this Agreement, in whole or in part, without RICOH's prior written consent, which consent may be withheld in RICOH's sole discretion. Any assignment, delegation or transfer of this Agreement or any interest therein by Licensee without RICOH's prior written consent is void and cause for termination of this Agreement. Nothing in this Agreement shall be construed to grant any person or entity not a party hereto (other than the Adobe Parties) any rights or powers whatsoever; and no person or entity (other than the Adobe Parties) shall be a third party beneficiary of this Agreement.
7.5
Neither party has authority to bind the other party, to transact any business in the other party's name or on its behalf, or make any promises or representations on behalf of the other party. Each party makes this Agreement and shall perform all of its respective obligations under this Agreement as an independent contractor, and no joint venture shall be created or implied by this Agreement. The employees and agents of each party are not for any purpose the employees or agents of the other party.
7.6
Any failure or delay by either party in exercising any right or remedy provided by or relating to this Agreement in one or more instances does not constitute a continuing waiver and shall not prohibit a party from exercising such right or remedy at a later time or from exercising any other right or remedy available. Except as expressly permitted herein, no part of this Agreement may be waived, modified, amended or supplemented in any manner whatsoever (including a course of dealing or of performance or usage of trade) except by a written document signed by authorized representatives of the parties.
7.7
This Agreement shall in all respects be governed by and construed and interpreted in accordance with laws of Germany, without regard to conflict of law principles. Any dispute and all related controversies or litigation based on, related to, or arising out of this Agreement must be brought and maintained in Germany, before a court of competent jurisdiction. Each party consents to the jurisdiction of the courts of Germany, acknowledges that venue is proper in any of its courts, and waives any objection it has or may have in the future with respect to any of the above. The parties hereto intend that the United Nations Convention on the International Sale of Goods shall be excluded.
7.7.1
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation in accordance with the International Mediation Rules of the International Centre for Dispute Resolution before resorting to arbitration. If the parties fail to settle the dispute within 30 days from the commencement of the mediation, absent the agreement of the parties, the dispute is then subject to arbitration.
7.7.2
Subject to Section 7.7.1, any controversy or claim arising out of or relating to this Agreement shall be determined by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. The arbitration shall be subject to the following additional provisions:
7.7.2.1
the number of arbitrators shall be one;
7.7.2.2
the place of arbitration shall be Tübingen, Germany;
7.7.2.3
the language of the arbitration shall be German; and
7.7.2.4
the award of the arbitral tribunal shall be final, binding and conclusive and there shall be no appeal there from whatsoever to any court, tribunal or other authority.
7.7.3
Notwithstanding anything to the contrary in Sections 7.7.1 and 7.7.2, nothing herein shall prohibit RICOH from seeking injunctive relief or commencing proceedings before any court, tribunal or other authority with respect to any controversy or claim that arises out of or relates to Licensee's breach or alleged breach of Section 1, Section 2 or Section 3 of this Agreement.
7.8
This Agreement constitutes the entire agreement between RICOH and Licensee and supersedes any and all prior agreements and understandings, if any, whether written or oral, between the parties with respect to the subject matter contained herein. In the event of any conflict between this Agreement and any other forms, purchase orders or other documents exchanged between the parties, this Agreement shall prevail.
7.9
The title and headings of various paragraphs of this Agreement are inserted for convenience of reference only and shall not be used in the construction or interpretation of any provisions of this Agreement.
7.10
Any notices to be sent to RICOH hereunder shall be sent by courier or by facsimile transmission and addressed as follows:
to:
Ricoh Production Print Solutions LLC
6300 Diagonal Highway
Boulder, CO 80301
Attn: Legal Department
7.11
If any provision of this Agreement shall for any reason, be held invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be deemed severable and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement which shall be enforced in accordance with the intent of this Agreement.
7.12
All provisions of this Agreement relating to proprietary rights, confidentiality and non-disclosure, indemnification and limitation of liability will survive any termination or expiration of this Agreement.
7.13
Licensee shall not export or re-export the SOFTWARE without the appropriate United States foreign government licenses.
Copyright (c) 1990-2007 Info-ZIP. All rights reserved.
is copyrighted by Info-ZIP.
This is version 2007-Mar-4 of the Info-ZIP license. The definitive version of this document should be available at ftp://ftp.info-zip.org/pub/infozip/license.html indefinitely and a copy at http://www.info-zip.org/pub/infozip/license.html.
For the purposes of this copyright and license, "Info-ZIP" is defined as the following set of individuals:
Mark Adler, John Bush, Karl Davis, Harald Denker, Jean-Michel Dubois, Jean-loup Gailly, Hunter Goatley, Ed Gordon, Ian Gorman, Chris Herborth, Dirk Haase, Greg Hartwig, Robert Heath, Jonathan Hudson, Paul Kienitz, David Kirschbaum, Johnny Lee, Onno van der Linden, Igor Mandrichenko, Steve P. Miller, Sergio Monesi, Keith Owens, George Petrov, Greg Roelofs, Kai Uwe Rommel, Steve Salisbury, Dave Smith, Steven M. Schweda, Christian Spieler, Cosmin Truta, Antoine Verheijen, Paul von Behren, Rich Wales, Mike White.
This software is provided "as is," without warranty of any kind, express or implied. In no event shall Info-ZIP or its contributors be held liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
END OF INFO-ZIP NOTICES AND INFORMATION
No copyright available for this component.
The Program includes all or portions of the following software which is subject to the IBM Public License ("IPL Code"). This software consists of voluntary contributions made by many individuals in the open source community:
You may download the source code version of the IPL Code from: http://www-306.ibm.com/software/globalization/icu/index.jsp
The following terms apply to the IPL Code which is licensed by IBM under the IBM Public License ("IPL"). The Contributors (as defined in the IPL) of the IPL Code have provided their Contributions (as defined in the IPL) to IBM, and to you as part of the IPL code, "as is" without warranty or condition of any kind, either express, implied or statutory, including, but not limited to, any implied warranties or conditions of title, merchantability, fitness for a particular purpose and non-infringement. In no event will the Contributors be liable for any lost profits, lost savings, lost revenue, lost data, or for any direct, indirect, special, incidental, or consequential damages, even if IBM or the Contributors have been advised of the possibility of such losses or damages. Any provisions in the IBM license agreement for the Program that relate to the IPL Code and that differ from the IPL are offered by IBM alone and not by any other party, including, without limitation, any contributor. You may download the source code version of the IPL Code as indicated above.
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1995-2005 International Business Machines Corporation and others 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, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, provided that the above copyright notice(s) and this permission notice appear in all copies of the Software and that both the above copyright notice(s) and this permission notice appear in supporting documentation.
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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
----------------------------------
All trademarks and registered trademarks mentioned herein are the property of their respective owners.
Unicode Data Files include all data files under the directories:
http://www.unicode.org/Public/ and http://www.unicode.org/reports/.
Unicode Software includes any source code under the directories:
http://www.unicode.org/Public/ and http://www.unicode.org/reports/.
NOTICE TO USER: Carefully read the following legal agreement.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1991-2004 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and associated documentation (the "Data Files") or Unicode software and associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that (a) the above copyright notice(s) and this permission notice appear in all copies of the Data Files or Software, (b) both the above copyright notice(s) and this permission notice appear in associated documentation, and (c) there is clear notice in each modified Data File or in the Software as well as in the documentation associated with the Data File(s) or Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE 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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.
Java 2 Platform, Standard Edition Development Kit, version 7.0
This code is provided subject to the license terms provided at this Web site: http://java.com/license
Copyright (c) 1996 - 2009, Daniel Stenberg, <daniel@haxx.se>, All rights reserved.
By Daniel Stenberg, MIT Open Source License, by http://curl.haxx.se/docs/copyright.html with permitted commercial use (no GPL code included).
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1996 - 2009, Daniel Stenberg, <daniel@haxx.se>
All rights reserved.
Permission to use, copy, modify, and distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.
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 OF THIRD PARTY RIGHTS. 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.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization of the copyright holder.
libpng versions 1.2.6, August 15, 2004, through 1.2.34, December 18, 2008, are Copyright (c) 2004, 2006-2008 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.2.5 with the following individual added to the list of Contributing Authors
This copy of the libpng notices is provided for your convenience. In case of any discrepancy between this copy and the notices in the file png.h that is included in the libpng distribution, the latter shall prevail.
COPYRIGHT NOTICE, DISCLAIMER, and LICENSE:
If you modify libpng you may insert additional notices immediately following this sentence.
This code is released under the libpng license.
libpng versions 1.0.7, July 1, 2000, through 1.2.5 - October 3, 2002, are Copyright (c) 2000-2002 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-1.0.6 with the following individuals added to the list of Contributing Authors
and with the following additions to the disclaimer:
There is no warranty against interference with your enjoyment of the library or against infringement. There is no warranty that our efforts or the library will fulfill any of your particular purposes or needs. This library is provided with all faults, and the entire risk of satisfactory quality, performance, accuracy, and effort is with the user.
libpng versions 0.97, January 1998, through 1.0.6, March 20, 2000, are Copyright (c) 1998, 1999 Glenn Randers-Pehrson, and are distributed according to the same disclaimer and license as libpng-0.96, with the following individuals added to the list of Contributing Authors:
libpng versions 0.89, June 1996, through 0.96, May 1997, are Copyright (c) 1996, 1997 Andreas Dilger Distributed according to the same disclaimer and license as libpng-0.88, with the following individuals added to the list of Contributing Authors:
libpng versions 0.5, May 1995, through 0.88, January 1996, are Copyright (c) 1995, 1996 Guy Eric Schalnat, Group 42, Inc.
For the purposes of this copyright and license, "Contributing Authors" is defined as the following set of individuals:
The Contributing Authors and Group 42, Inc. specifically permit, without fee, and encourage the use of this source code as a component to supporting the PNG file format in commercial products. If you use this source code in a product, acknowledgment is not required but would be appreciated.
A "png_get_copyright" function is available, for convenient use in "about" boxes and the like:
printf("%s",png_get_copyright(NULL));
Also, the PNG logo (in PNG format, of course) is supplied in the files "pngbar.png" and "pngbar.jpg (88x31) and "pngnow.png" (98x31).
Libpng is OSI Certified Open Source Software. OSI Certified Open Source is a certification mark of the Open Source Initiative.
Glenn Randers-Pehrson
glennrp at users.sourceforge.net
December 18, 2008
Copyright (c) 1988-1997 Sam Leffler. Copyright (c) 1991-1997 Silicon Graphics, Inc.
libtiff- TIFF Library and Utilities 3.5.7
Permission to use, copy, modify, distribute, and sell this software and its documentation for any purpose is hereby granted without fee, provided that (i) the above copyright notices and this permission notice appear in all copies of the software and related documentation, and (ii) the names of Sam Leffler and Silicon Graphics may not be used in any advertising or publicity relating to the software without the specific, prior written permission of Sam Leffler and Silicon Graphics.
THE SOFTWARE IS PROVIDED "AS-IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL SAM LEFFLER OR SILICON GRAPHICS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.
END OF LIBTIFF NOTICES AND INFORMATION
MICROSOFT HD PHOTO 1.O DEVICE PORTING KIT (A.K.A. MICROSOFT WINDOWS MEDIA PHOTO 1.0 DEVICE PORTING KIT)
These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes documentation and specifications provided as part of the software and the media on which you received it, if any. The terms also apply to any Microsoft
for this software, unless other terms accompany those items. If so, those terms apply.
By using the software, you accept these terms. If you do not accept them, do not use the software.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices to design, develop and test your software or hardware product(s) or integrated circuit(s) that (i) are for use with applications that implement the Microsoft XML Paper Specifications, and (ii) that comply with and are compatible with the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the software ("Licensed Products")
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS. The software contains code and text files that you are permitted to distribute ("Distributable Code") in Licensed Products you develop if you and/or your Licensed Products, as applicable, comply with the terms below.
a. Right to Use and Distribute.
* You may distribute the Distributable Code in object code form as part of your Licensed Products.
* You may include the Distributable Code or modified Distributable Code in source code form solely as a component of a reference design or development kit for third party device hardware. Your reference design or development kit must be protected by a license that prohibits further distribution of Distributable Code or modified Distributable Code, unless your licensee has obtained such distribution rights from Microsoft
* You may permit distributors of your Licensed Products to copy and distribute the Distributable Code as part of your Licensed Products, provided that your distributors are legally prohibited from modifying, and do not modify, the Distributable Code and/or the Licensed Product in a manner that causes the Licensed Product (or any third party product in which the Licensed Product is incorporated) to become non-compliant or incompatible with the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the software.
b. Distribution Requirements. For any Distributable Code you distribute, you must
* distribute the Distributable Code only as part of a Licensed Product;
* add significant primary functionality to the Distributable Code in your Licensed Products;
* require distributors and external end users to agree to terms that protect the Distributable Code at least as much as this agreement;
* display your valid copyright notice on your Licensed Products; and
* indemnify, defend, and hold harmless Microsoft from any claims, including attorneys' fees, related to the distribution or use of your Licensed Products.
c. Distribution Restrictions. You may not
* alter any copyright, trademark or patent notice in the Distributable Code
* use Microsoft's trademarks in your Licensed Products' names or in a way that suggests your Licensed Products come from or are endorsed by Microsoft;
* include Distributable Code in malicious, deceptive or unlawful programs or products
* include Distributable Code in any program or product that is non-compliant or incompatible with the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the software; or
* modify or distribute the source code of any Distributable Code so that any part of it becomes subject to an Excluded License. An Excluded License is one that requires, as a condition of use, modification or distribution, that
* the code be disclosed or distributed in source code form; or
* others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
* use the software for any other purpose than the one intended. The software's purpose is for the implementation of HD Photo encoders and/or decoders in XML Paper Specification products that comply with and support the HD Photo 1.0 file format (a.k.a. the Windows Media Photo 1.0 file format) as defined in the specification(s) provided in the software.
* publish the software for others to copy;
* rent, lease or lend the software;
* transfer the software or this agreement to any third party other than as expressly permitted under Section 2 of this agreement.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the documentation provided in the software for your internal, reference purposes only. No other use or distribution of the documentation is permitted under this agreement.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages.
This limitation applies to
* anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.
Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.
Remarque : Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.
EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert ˝ tel quel ». Toute utilisation de ce logiciel est ŕ votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection des consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation ŕ un usage particulier et d'absence de contrefaçon sont exclues.
LIMITATION DES DOMMAGES-INTÉRĘTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement ŕ hauteur de 5,00 $ US. Vous ne pouvez prétendre ŕ aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.Cette limitation concerne :
* tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et
* les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.
Elle s'applique également, męme si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas ŕ votre égard.
EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confčrent les lois de votre pays si celles-ci ne le permettent pas.
· Backbone.js: Copyright (c) 2010-2013 Jeremy Ashkenas, DocumentCloud
· Barcode writer: Copyright (c) 2004-2011 Terry Burton - tez@terryburton.co.uk, under MIT license (http://postscriptbarcode.googlecode.com/svn/trunk/LICENSE), Barcode Writer in Pure PostScript, http://www.terryburton.co.uk/barcodewriter/
· Custom-context-menu: Copyright (c) 2007-2009 Paulius Uza (http://www.uza.lt), Dan Florio (http://polygeek.com)
· & Arif Ali Saiyed (http://arif-ali-saiyed.blogspot.com/)
· dotdotdot: Copyright © 2012 Frebsite.nl
· flexlib: Copyright (c) 2010 Flexlib ProjectContributors (http://code.google.com/p/flexlib/wiki/ProjectContributors)
· ICanHaz: ICanHaz.js is Copyright (c) 2010 Henrik Joreteg and is MIT licensed.
· JQGrid: Copyright (c) 2008, Tony Tomov, tony@trirand.com
· JQuery: Copyright (c) 2011 John Resig, http://jquery.com/
· Jquery baloon: Copyright (c) 2011 Hayato Takenaka
· Jquery externalinterface: Copyright (c) 2010 David Comeau (http://www.davecomeau.net)
· Jquery i18n: Copyright (c) 2010-2011, The Dojo Foundation
· Jquery tooltip: Copyright (c) 2012 Jörn Zaefferer
·
JQueryUI:
is Copyright 2014 jQuery Foundation and other contributors, http://jqueryui.com/
This software consists of voluntary contributions made by many individuals (AUTHORS.txt,
http://jqueryui.com/about) For exact contribution history, see the revision
history and logs, available at http://jquery-ui.googlecode.com/svn/
· jScrollpane: Copyright (c) 2010 Kelvin Luck
· Little CMS: Copyright (c) 1998-2007 Marti Maria, The Program includes all or portions of the following software. To obtain the source code for such software, see http://littlecms.com/downloads.htm. Little CMS 1.17
· MarionetteJS: Copyright (c)2016 Derick Bailey, Muted Solutions, LLC.
· Prototype: Copyright (c) 2005-2008 Sam Stephenson
· Raphael.JSON: Copyright © 2008 Dmitry Baranovskiy
· RequireJS: Copyright (c) 2010-2011, The Dojo Foundation
· SlickGrid: Copyright (c) 2010 Michael Leibman, http://github.com/mleibman/slickgrid
· Text.js: Copyright (c) 2010-2011, The Dojo Foundation
· Underscore.js: Copyright (c) 2009-2013 Jeremy Ashkenas, DocumentCloud
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.
END OF MIT LICENSE
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:
1.10. "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.
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:
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license
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
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.
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.
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.
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.
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.
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.)
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.
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:
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.
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.
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.
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.
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.
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 NPL 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 ______________________________________.
The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the "[___] License"), in which case the provisions of [______] License are applicable instead of those above. If you wish to allow use of your version of this file only under the terms of the [____] License and not to allow others to use your version of this file under the MPL, indicate your decision by deleting the provisions above and replace them with the notice and other provisions required by the [___] License. If you do not delete the provisions above, a recipient may use your version of this file under either the MPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source Code files of the Original Code. You should use the text of this Exhibit A rather than the text found in the Original Code Source Code for Your Modifications.]
1. Definitions
1.1. “Contributor”
means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.
1.2. “Contributor Version”
means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.
1.3. “Contribution”
means Covered Software of a particular Contributor.
1.4. “Covered Software”
means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.
1.5. “Incompatible With Secondary Licenses”
means
a. that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or
b. that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.
1.6. “Executable Form”
means any form of the work other than Source Code Form.
1.7. “Larger Work”
means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.
1.8. “License”
means this document.
1.9. “Licensable”
means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.
1.10. “Modifications”
means any of the following:
a. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or
b. any new file in Source Code Form that contains any Covered Software.
1.11. “Patent Claims” of a Contributor
means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.
1.12. “Secondary License”
means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.
1.13. “Source Code Form”
means the form of the work preferred for making modifications.
1.14. “You” (or “Your”)
means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that 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 and Conditions
2.1. Grants
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:
2.2. Effective Date
The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.
2.3. Limitations on Grant Scope
The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:
This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).
2.4. Subsequent Licenses
No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).
2.5. Representation
Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.
2.6. Fair Use
This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.
2.7. Conditions
Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.
3. Responsibilities
3.1. Distribution of Source Form
All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.
3.2. Distribution of Executable Form
If You distribute Covered Software in Executable Form then:
3.3. Distribution of a Larger Work
You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).
3.4. Notices
You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.
3.5. Application of Additional Terms
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 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 every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.
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 Software 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 placed in a text file included with all distributions of the Covered Software under this License. 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. Termination
5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.
5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.
5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.
6. Disclaimer of Warranty
Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, 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 any 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 under this License except under this disclaimer.
7. Limitation of Liability
Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, 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. Litigation
Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.
9. Miscellaneous
This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.
10. Versions of the License
10.1. New Versions
Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.
10.2. Effect of New Versions
You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.
10.3. Modified Versions
If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).
10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses
If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.
Exhibit A - Source Code Form License Notice
This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/.
If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.
You may add additional accurate notices of copyright ownership.
Exhibit B - “Incompatible With Secondary Licenses” Notice
This Source Code Form is “Incompatible With Secondary Licenses”, as defined by the Mozilla Public License, v. 2.0.
Copyright (C) 1998-2004 Erik Bosrup.
The Standard Version of the overLIB code is available from the following Web page: http://www.bosrup.com/web/overlib/
License coverage
Note that this license only covers the script and not any supporting material such as this website or the documentation. You may not re-produce or copy the website or other material presented here without explicit written permission from the author.
License (Artistic)
Preamble
The intent of this document is to state the conditions under which a Package may be copied, such that the Copyright Holder maintains some semblance of artistic control over the development of the package, while giving the users of the package the right to use and distribute the Package in a more-or-less customary fashion, plus the right to make reasonable modifications.
Definitions:
"Package" refers to the collection of files distributed by the Copyright Holder, and derivatives of that collection of files created through textual modification.
"Standard Version" refers to such a Package if it has not been modified, or has been modified in accordance with the wishes of the Copyright Holder.
"Copyright Holder" is whoever is named in the copyright or copyrights for the package.
"You" is you, if you're thinking about copying or distributing this Package.
"Reasonable copying fee" is whatever you can justify on the basis of media cost, duplication charges, time of people involved, and so on. (You will not be required to justify it to the Copyright Holder, but only to the computing community at large as a market that must bear the fee.)
"Freely Available" means that no fee is charged for the item itself, though there may be fees involved in handling the item. It also means that recipients of the item may redistribute it under the same conditions they received it.
You may otherwise modify your copy of this Package in any way, provided that you insert a prominent notice in each changed file stating how and when you changed that file, and provided that you do at least ONE of the following:
You may distribute the programs of this Package in object code or executable form, provided that you do at least ONE of the following:
You may charge a reasonable copying fee for any distribution of this Package. You may charge any fee you choose for support of this Package. You may not charge a fee for this Package itself. However, you may distribute this Package in aggregate with other (possibly commercial) programs as part of a larger (possibly commercial) software distribution provided that you do not advertise this Package as a product of your own.
The scripts and library files supplied as input to or produced as output from the programs of this Package do not automatically fall under the copyright of this Package, but belong to whomever generated them, and may be sold commercially, and may be aggregated with this Package.
C or perl subroutines supplied by you and linked into this Package shall not be considered part of this Package.
The name of the Copyright Holder may not be used to endorse or promote products derived from this software without specific prior written permission.
THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
/Copyright 2009 Cybozu Labs, Inc.
* 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 CYBOZU LABS, INC. ``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 CYBOZU LABS, INC. 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 views and conclusions contained in the software and documentation are those of the authors and should not be interpreted as representing official policies, either expressed or implied, of Cybozu Labs, Inc.
No specific copyright information available for this software.
By copying, installing or otherwise using Jython, Licensee agrees to be bound by the terms and conditions of this License Agreement.
Copyright (c) 1992, 1993, 1994 Henry Spencer. Copyright (c) 1992, 1993, 1994.
regexp by the Regents of the University of California, Berkeley, BSD license.
The Regents of the University of California. All rights reserved.
This code is derived from software contributed to Berkeley by Henry Spencer.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
* This product includes software developed by the University of California, Berkeley and its contributors.
THIS SOFTWARE IS PROVIDED BY THE REGENTS 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 REGENTS 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.
@(#)regexec.c 8.3 (Berkeley) 3/20/94
THIS IS AN AGREEMENT BETWEEN YOU ("YOU") AND UNBOUNDID CORP. ("UNBOUNDID")REGARDING YOUR USE OF UNBOUNDID LDAP SDK FOR JAVA AND ANY ASSOCIATEDDOCUMENTATION, OBJECT CODE, COMPILED LIBRARIES, SOURCE CODE AND SOURCE FILES OR OTHER MATERIALS MADE AVAILABLE BY UNBOUNDID (COLLECTIVELY REFERRED TO IN THIS AGREEMENT AS THE ("SDK"). BY INSTALLING, ACCESSING OR OTHERWISE USING THE SDK, YOU ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL, ACCESS OR USE THE SDK. USE OF THE SDK. Subject to your compliance with this Agreement, UnboundID grants to You a non-exclusive, royalty-free license, under UnboundID's intellectual property rights in the SDK, to use, reproduce, modify and distribute this release of the SDK; provided that no license is granted hereinunder any patents that may be infringed by your modifications, derivative works or by other works in which the SDK may be incorporated (collectively, your "Applications"). You may reproduce and redistribute the SDK with your Applications provided that you (i) include this license file and an unmodified copy of the unboundid-ldapsdk-se.jar file; and (ii) such redistribution is subject to a license whose terms do not conflict with or contradict the terms of this Agreement. You may also reproduce and redistribute the SDK without your Applications provided that you redistribute the SDK complete and unmodified (i.e., with all "read me" files, copyright notices, and other legal notices and terms that UnboundID has included in the SDK). SCOPE OF LICENSES. This Agreement does not grant You the right to use any UnboundID intellectual property which is not included as part of the SDK. The SDK is licensed, not sold. This Agreement only gives You some rights to use the SDK. UnboundID reserves all other rights. Unless applicable law gives You more rights despite this limitation, You may use the SDK only as expresslypermitted in this Agreement. SUPPORT. UnboundID is not obligated to provide any technical or other support ("Support Services") for the SDK to You under this Agreement. However, if UnboundID chooses to provide any Support Services to You, Your use of such Support Services will be governed by then-current UnboundID support policies. TERMINATION. UnboundID reserves the right to discontinue offering the SDK and to modify the SDK at any time in its sole discretion. Notwithstanding anything contained in this Agreement to the contrary, UnboundID may also, in its sole discretion, terminate or suspend access to the SDK to You or any end user at any time. In addition, if you fail to comply with the terms of this Agreement, then any rights granted herein will be automatically terminated if such failure is not corrected within 30 days of the initial notification of such failure. You acknowledge that termination and/or monetary damages may not be a sufficient remedy if You breach this Agreement and that UnboundID will beentitled, without waiving any other rights or remedies, to injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction in the event of a breach. UnboundID may also terminate this Agreement if the SDK becomes, or in UnboundID?s reasonable opinion is likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. All rights and licenses granted herein will simultaneously and automatically terminate upon termination of this Agreement for any reason. DISCLAIMER OF WARRANTY. THE SDK IS PROVIDED "AS IS" AND UNBOUNDID DOES NOTWARRANT THAT THE SDK WILL BE ERROR-FREE, VIRUS-FREE, WILL PERFORM IN ANUNINTERRUPTED, SECURE OR TIMELY MANNER, OR WILL INTEROPERATE WITH OTHERHARDWARE, SOFTWARE, SYSTEMS OR DATA. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF UNBOUNDID HAD BEEN INFORMED OF SUCH PURPOSE), OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE HEREBY DISCLAIMED. LIMITATION OF LIABILITY. IN NO EVENT WILL UNBOUNDID OR ITS SUPPLIERS BE LIABLEFOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS,REVENUE, DATA OR DATA USE, BUSINESS INTERRUPTION, COST OF COVER, DIRECT,INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND)ARISING OUT OF THE USE OF OR INABILITY TO USE THE SDK OR IN ANY WAY RELATED TOTHIS AGREEMENT, EVEN IF UNBOUNDID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONAL RIGHTS. Certain states do not allow the exclusion of implied warranties or limitation of liability for certain kinds of damages, so the exclusion of limited warranties and limitation of liability set forth above may not apply to You. EXPORT RESTRICTIONS. The SDK is subject to United States export control laws. You acknowledge and agree that You are responsible for compliance with all domestic and international export laws and regulations that apply to the SDK. MISCELLANEOUS. This Agreement constitutes the entire agreement with respect to the SDK. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of laws rules. Any disputes related to this Agreement shall be exclusively litigated in the state or federal courts located in Travis County, Texas.
Unicode Data Files include all data files under the directories:
http://www.unicode.org/Public/ and http://www.unicode.org/reports/.
Unicode Software includes any source code under the directories:
http://www.unicode.org/Public/ and http://www.unicode.org/reports/.
NOTICE TO USER: Carefully read the following legal agreement.
BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING UNICODE INC.'S DATA FILES ("DATA FILES"), AND/OR SOFTWARE ("SOFTWARE"), YOU UNEQUIVOCALLY ACCEPT, AND AGREE TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, COPY, DISTRIBUTE OR USE THE DATA FILES OR SOFTWARE.
COPYRIGHT AND PERMISSION NOTICE
Copyright (c) 1991-2004 Unicode, Inc. All rights reserved. Distributed under the Terms of Use in http://www.unicode.org/copyright.html.
Permission is hereby granted, free of charge, to any person obtaining a copy of the Unicode data files and associated documentation (the "Data Files") or Unicode software and associated documentation (the "Software") to deal in the Data Files or Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, and/or sell copies of the Data Files or Software, and to permit persons to whom the Data Files or Software are furnished to do so, provided that (a) the above copyright notice(s) and this permission notice appear in all copies of the Data Files or Software, (b) both the above copyright notice(s) and this permission notice appear in associated documentation, and (c) there is clear notice in each modified Data File or in the Software as well as in the documentation associated with the Data File(s) or Software that the data or software has been modified.
THE DATA FILES AND SOFTWARE ARE 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 OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DATA FILES OR SOFTWARE.
Except as contained in this notice, the name of a copyright holder shall not be used in advertising or otherwise to promote the sale, use or other dealings in these Data Files or Software without prior written authorization of the copyright holder.
Copyright (c) 2006, Yahoo! Inc.
Software License Agreement (BSD License)
All rights reserved.
Redistribution and use of this software 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 Yahoo! Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo! Inc.
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.
END OF YAHOO! USER INTERFACE LIBRARY INFORMATION
Copyright (C) 1995-2004 Jean-loup Gailly and Mark Adler
The Program includes the zlib.h - interface of the 'zlib' general purposes compression library version 1.1.3, 1.2.2, 1.2.3, and 1.2.5 (April 19, 2010). RPPS obtained the software under the terms and conditions of the following license agreement:
http://www.gzip.org/zlib/zlib_license.html
License
This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.
Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:
Jean-loup Gailly jloup@gzip.org
Mark Adler madler@alumni.caltech.edu
The Program licensed hereunder contains PostScript software, digitally-encoded machine readable outline data ("Font Programs”) encoded in the special format and in the encrypted form ("Coded Font Programs") provided by Adobe Systems, Inc., a California corporation ("Adobe") and may contain other software provided by Adobe. PostScript software, Font Programs, Coded Font Programs, as well as any other software provided by Adobe (hereinafter collectively referred to as "Adobe Provided Materials") that may be in the Program, are licensed to you under the Ricoh Software License Agreement.
You are hereby notified that Adobe is a third-party beneficiary to the Ricoh Software License Agreement for this Program and that Adobe may enforce the Ricoh Software License Agreement in relation to Adobe Provided Materials. You are licensed to use the Adobe Provided Materials to reproduce weights, styles, and versions of letters, numerals, characters and symbols only with output devices that are certified by Adobe as working with the Program. All output devices that Ricoh announces in its worldwide product announcements as output devices that may work with the Program are certified by Adobe as working with the Program.
You are licensed to use trademarks used in the Program and Adobe Provided Materials to identify the Coded Font Programs provided by Adobe and Typefaces produced therefrom ("Trademarks"). Trademarks, if used by you, shall be used in accordance with accepted trademark practice including identification of the trademark owner's name. The Trademarks can only be used to identify printed output produced by the Coded Font Programs. The Trademarks are the property of the Trademark owners identified within the Program or Adobe Provided Materials.
The license management portion of this Licensee Application is based upon one or more of the
following copyrights:
Sentinel ® RMS
Copyright 1989-2006 SafeNet, Inc.
All rights reserved.
Sentinel ® Caffe (TM)
Copyright 2008-2009 SafeNet, Inc.
All rights reserved.
Sentinel ® EMS
Copyright 2008-2009 SafeNet, Inc.
All rights reserved.
Ricoh has modified the source code for PDFBox.