NETBEANS IDE 7.2.1 ("Product") LICENSE AGREEMENT
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND
CONDITIONS CAREFULLY, INCLUDING WITHOUT LIMITATION THOSE
DISPLAYED ELSEWHERE (AS INDICATED BY LINKS LISTED BELOW),
BEFORE USING THE SOFTWARE. THESE TERMS AND CONDITIONS
CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, OR THE ENTITY FOR
WHICH YOU ARE AN AUTHORIZED REPRESENTATIVE WITH FULL
AUTHORITY TO ENTER INTO THIS AGREEMENT, AND ORACLE. BY
CLICKING "ACCEPT" OR THE EQUIVALENT YOU AGREE TO ALL OF
THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU
DO NOT AGREE TO THIS LICENSE DO NOT CLICK "ACCEPT" OR
THE EQUIVALENT AND DO NOT INSTALL OR USE THIS SOFTWARE.
Copyright (c) 1997, 2012, Oracle and/or its affiliates. All
rights reserved.
Oracle and Java are registered trademarks of Oracle and/or
its affiliates. Other names may be trademarks of their
respective owners.
The Product contains NetBeans IDE, the Glassfish runtime,
and other components. Review the Product carefully to
determine which license governs the code you are using.
Oracle separately licenses NetBeans IDE and the Glassfish
runtime under the CDDL v 1.0 (CDDL) or GNU General Public
License version 2 with Classpath Exception ("GPLv2 with
Classpath Exception"), both of which are identified below.
You may choose either license to govern your use of NetBeans
IDE or the Glassfish runtime only upon the condition that
you accept all of the terms of either the CDDL or GPLv2 with
Classpath Exception. In addition, the Product also contains
components which are governed exclusively by the terms of
the GPLv2 with Classpath Exception (e.g. components from
OpenJDK) or by the terms of one of the licenses listed below
(i.e. Java ME SDK 3.2, Oracle JDBC Drivers, and Java Card
Development Kit 3.0.2).
Third party technology that may be necessary for use with
the Product is specified in THIRDPARTYLICENSE.txt. Such
third party technology is licensed to you under the terms of
the third party technology license agreement specified and
not under either the CDDL or GPLv2 with Classpath Exception.
Please review the list of libraries and licenses provided
for use.
If you redistribute NetBeans IDE, add the following below
the License Header, with the fields enclosed by brackets []
replaced by your own identifying information: "Portions
Copyrighted [year] [name of copyright owner]"
Contributor(s):
The original software is NetBeans. The initial developer of
the original software is Oracle Corporation; portions
Copyright (c) 1997, 2012 Oracle and/or its affiliates. All
rights reserved.
LICENSES AND OTHER TERMS AND CONDITIONS
LICENSE #1: GPLv2 with Classpath Exception.
LICENSE #2: CDDL.
OTHER TERMS AND CONDITIONS INCORPORATED IN THIS AGREEMENT:
The use of Java ME SDK 3.2 is subject to the terms and
conditions set forth at
http://www.oracle.com/technetwork/java/javame/downloads/java-me-sdk-3-0-5-license-459303.html
The use of Oracle JDBC drivers is subject to the terms and
conditions set forth at
http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
The use of Java Card Development Kit 3.0.2 is subject to the
terms and conditions set forth at
http://download.oracle.com/otn-pub/java/licenses/OTN_Java_Card_Classic_Connected_SDK_4April2012.pdf
Last updated 27 September 2012
************************************************************
LICENSE #1:
The GNU General Public License (GPL) Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc.
59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
Everyone is permitted to copy and distribute verbatim copies
of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away
your freedom to share and change it. By contrast, the GNU
General Public License is intended to guarantee your freedom
to share and change free software--to make sure the software
is free for all its users. This General Public License
applies to most of the Free Software Foundation's software
and to any other program whose authors commit to using it.
(Some other Free Software Foundation software is covered by
the GNU Library General Public License instead.) You can
apply it to your programs, too. When we speak of free
software, we are referring to freedom, not price. Our
General Public Licenses are designed to make sure that you
have the freedom to distribute copies of free software (and
charge for this service if you wish), that you receive
source code or can get it if you want it, that you can
change the software or use pieces of it in new free
programs; and that you know you can do these things. To
protect your rights, we need to make restrictions that
forbid anyone to deny you these rights or to ask you to
surrender the rights. These restrictions translate to
certain responsibilities for you if you distribute copies of
the software, or if you modify it.
For example, if you distribute copies of such a program,
whether gratis or for a fee, you must give the recipients
all the rights that you have. You must make sure that they,
too, receive or can get the source code. And you must show
them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the
software, and (2) offer you this license which gives you
legal permission to copy, distribute and/or modify the
software.
Also, for each author's protection and ours, we want to make
certain that everyone understands that there is no warranty
for this free software. If the software is modified by
someone else and passed on, we want its recipients to know
that what they have is not the original, so that any
problems introduced by others will not reflect on the
original authors' reputations.
Finally, any free program is threatened constantly by
software patents. We wish to avoid the danger that
redistributors of a free program will individually obtain
patent licenses, in effect making the program proprietary.
To prevent this, we have made it clear that any patent must
be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution
and modification follow. TERMS AND CONDITIONS FOR COPYING,
DISTRIBUTION AND MODIFICATION 0. This License applies to any
program or other work which contains a notice placed by the
copyright holder saying it may be distributed under the
terms of this General Public License. The "Program", below,
refers to any such program or work, and a "work based on the
Program" means either the Program or any derivative work
under copyright law: that is to say, a work containing the
Program or a portion of it, either verbatim or with
modifications and/or translated into another language.
(Hereinafter, translation is included without limitation in
the term "modification".) Each licensee is addressed as
"you".
Activities other than copying, distribution and modification
are not covered by this License; they are outside its scope.
The act of running the Program is not restricted, and the
output from the Program is covered only if its contents
constitute a work based on the Program (independent of
having been made by running the Program). Whether that is
true depends on what the Program does.
1. You may copy and distribute verbatim copies of the
Program's source code as you receive it, in any medium,
provided that you conspicuously and appropriately publish on
each copy an appropriate copyright notice and disclaimer of
warranty; keep intact all the notices that refer to this
License and to the absence of any warranty; and give any
other recipients of the Program a copy of this License along
with the Program.
You may charge a fee for the physical act of transferring a
copy, and you may at your option offer warranty protection
in exchange for a fee.
2. You may modify your copy or copies of the Program or any
portion of it, thus forming a work based on the Program, and
copy and distribute such modifications or work under the
terms of Section 1 above, provided that you also meet all of
these conditions:
a) You must cause the modified files to carry prominent
notices stating that you changed the files and the date of
any change.
b) You must cause any work that you distribute or publish,
that in whole or in part contains or is derived from the
Program or any part thereof, to be licensed as a whole at no
charge to all third parties under the terms of this License.
c) If the modified program normally reads commands
interactively when run, you must cause it, when started
running for such interactive use in the most ordinary way,
to print or display an announcement including an appropriate
copyright notice and a notice that there is no warranty (or
else, saying that you provide a warranty) and that users may
redistribute the program under these conditions, and telling
the user how to view a copy of this License. (Exception: if
the Program itself is interactive but does not normally
print such an announcement, your work based on the Program
is not required to print an announcement.)
These requirements apply to the modified work as a whole. If
identifiable sections of that work are not derived from the
Program, and can be reasonably considered independent and
separate works in themselves, then this License, and its
terms, do not apply to those sections when you distribute
them as separate works. But when you distribute the same
sections as part of a whole which is a work based on the
Program, the distribution of the whole must be on the terms
of this License, whose permissions for other licensees
extend to the entire whole, and thus to each and every part
regardless of who wrote it.
Thus, it is not the intent of this section to claim rights
or contest your rights to work written entirely by you;
rather, the intent is to exercise the right to control the
distribution of derivative or collective works based on the
Program. In addition, mere aggregation of another work not
based on the Program with the Program (or with a work based
on the Program) on a volume of a storage or distribution
medium does not bring the other work under the scope of this
License.
3. You may copy and distribute the Program (or a work based
on it, under Section 2) in object code or executable form
under the terms of Sections 1 and 2 above provided that you
also do one of the following:
a) Accompany it with the complete corresponding
machine-readable source code, which must be distributed
under the terms of Sections 1 and 2 above on a medium
customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least
three years, to give any third party, for a charge no more
than your cost of physically performing source distribution,
a complete machine-readable copy of the corresponding source
code, to be distributed under the terms of Sections 1 and 2
above on a medium customarily used for software interchange;
or,
c) Accompany it with the information you received as to the
offer to distribute corresponding source code. (This
alternative is allowed only for noncommercial distribution
and only if you received the program in object code or
executable form with such an offer, in accord with
Subsection b above.)
The source code for a work means the preferred form of the
work for making modifications to it. For an executable work,
complete source code means all the source code for all
modules it contains, plus any associated interface
definition files, plus the scripts used to control
compilation and installation of the executable. However, as
a special exception, the source code distributed need not
include anything that is normally distributed (in either
source or binary form) with the major components (compiler,
kernel, and so on) of the operating system on which the
executable runs, unless that component itself accompanies
the executable. If distribution of executable or object code
is made by offering access to copy from a designated place,
then offering equivalent access to copy the source code from
the same place counts as distribution of the source code,
even though third parties are not compelled to copy the
source along with the object code.
4. You may not copy, modify, sublicense, or distribute the
Program except as expressly provided under this License. Any
attempt otherwise to copy, modify, sublicense or distribute
the Program is void, and will automatically terminate your
rights under this License. However, parties who have
received copies, or rights, from you under this License will
not have their licenses terminated so long as such parties
remain in full compliance.
5. You are not required to accept this License, since you
have not signed it. However, nothing else grants you
permission to modify or distribute the Program or its
derivative works. These actions are prohibited by law if you
do not accept this License. Therefore, by modifying or
distributing the Program (or any work based on the Program),
you indicate your acceptance of this License to do so, and
all its terms and conditions for copying, distributing or
modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based
on the Program), the recipient automatically receives a
license from the original licensor to copy, distribute or
modify the Program subject to these terms and conditions.
You may not impose any further restrictions on the
recipients' exercise of the rights granted herein. You are
not responsible for enforcing compliance by third parties to
this License.
7. If, as a consequence of a court judgment or allegation of
patent infringement or for any other reason (not limited to
patent issues), conditions are imposed on you (whether by
court order, agreement or otherwise) that contradict the
conditions of this License, they do not excuse you from the
conditions of this License. If you cannot distribute so as
to satisfy simultaneously your obligations under this
License and any other pertinent obligations, then as a
consequence you may not distribute the Program at all. For
example, if a patent license would not permit royalty-free
redistribution of the Program by all those who receive
copies directly or indirectly through you, then the only way
you could satisfy both it and this License would be to
refrain entirely from distribution of the Program.
If any portion of this section is held invalid or
unenforceable under any particular circumstance, the balance
of the section is intended to apply and the section as a
whole is intended to apply in other circumstances. It is not
the purpose of this section to induce you to infringe any
patents or other property right claims or to contest
validity of any such claims; this section has the sole
purpose of protecting the integrity of the free software
distribution system, which is implemented by public license
practices. Many people have made generous contributions to
the wide range of software distributed through that system
in reliance on consistent application of that system; it is
up to the author/donor to decide if he or she is willing to
distribute software through any other system and a licensee
cannot impose that choice.
This section is intended to make thoroughly clear what is
believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is
restricted in certain countries either by patents or by
copyrighted interfaces, the original copyright holder who
places the Program under this License may add an explicit
geographical distribution limitation excluding those
countries, so that distribution is permitted only in or
among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the
body of this License.
9. The Free Software Foundation may publish revised and/or
new versions of the General Public License from time to
time. Such new versions will be similar in spirit to the
present version, but may differ in detail to address new
problems or concerns.
Each version is given a distinguishing version number. If
the Program specifies a version number of this License which
applies to it and "any later version", you have the option
of following the terms and conditions either of that version
or of any later version published by the Free Software
Foundation. If the Program does not specify a version number
of this License, you may choose any version ever published
by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into
other free programs whose distribution conditions are
different, write to the author to ask for permission. For
software which is copyrighted by the Free Software
Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be
guided by the two goals of preserving the free status of all
derivatives of our free software and of promoting the
sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS
NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY
WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Programs
If you develop a new program, and you want it to be of the
greatest possible use to the public, the best way to achieve
this is to make it free software which everyone can
redistribute and change under these terms.
To do so, attach the following notices to the program. It is
safest to attach them to the start of each source file to
most effectively convey the exclusion of warranty; and each
file should have at least the "copyright" line and a pointer
to where the full notice is found.
One line to give the program's name and a brief idea of what
it does.
Copyright (C)
This program is free software; you can redistribute it
and/or modify it under the terms of the GNU General Public
License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later
version. This program is distributed in the hope that it
will be useful, but WITHOUT ANY WARRANTY; without even the
implied warranty of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE. See the GNU General Public License for
more details. You should have received a copy of the GNU
General Public License along with this program; if not,
write to the Free Software Foundation, Inc., 59 Temple
Place, Suite 330, Boston, MA 02111-1307 USA
Also add information on how to contact you by electronic and
paper mail.
If the program is interactive, make it output a short notice
like this when it starts in an interactive mode:
Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
type `show w'. This is free software, and you are welcome to
redistribute it under certain conditions; type `show c' for
details. The hypothetical commands `show w' and `show c'
should show the appropriate parts of the General Public
License. Of course, the commands you use may be called
something other than `show w' and `show c'; they could even
be mouse-clicks or menu items--whatever suits your program.
You should also get your employer (if you work as a
programmer) or your school, if any, to sign a "copyright
disclaimer" for the program, if necessary. Here is a sample;
alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in
the program `Gnomovision' (which makes passes at compilers)
written by James Hacker.
signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice
This General Public License does not permit incorporating
your program into proprietary programs. If your program is a
subroutine library, you may consider it more useful to
permit linking proprietary applications with the library. If
this is what you want to do, use the GNU Library General
Public License instead of this License.
"CLASSPATH" EXCEPTION TO THE GPL VERSION 2
Certain source files distributed by Oracle America, Inc. are
subject to the following clarification and special exception
to the GPL Version 2, but only where Oracle has expressly
included in the particular source file's header the words:
"Oracle designates this particular file as subject to the
"Classpath" exception as provided by Oracle in the License
file that accompanied this code."
Linking this library statically or dynamically with other
modules is making a combined work based on this library.
Thus, the terms and conditions of the GNU General Public
License Version 2 cover the whole combination.
As a special exception, the copyright holders of this
library give you permission to link this library with
independent modules to produce an executable, regardless of
the license terms of these independent modules, and to copy
and distribute the resulting executable under terms of your
choice, provided that you also meet, for each linked
independent module, the terms and conditions of the license
of that module. An independent module is a module which is
not derived from or based on this library. If you modify
this library, you may extend this exception to your version
of the library, but you are not obligated to do so. If you
do not wish to do so, delete this exception statement from
your version.
************************************************************
LICENSE #2:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a Contributor
(if any), and the Modifications made by that particular
Contributor.
1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form
other than Source Code.
1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.
1.9. "Modifications" means the Source Code and Executable
form of any of the following:
A. Any file that results from an addition to, deletion from
or modification of the contents of a file containing
Original Software or previous Modifications;
B. Any new file that contains any part of the Original
Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and
Executable form of computer software code that is originally
released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.
1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant. Conditioned upon Your
compliance with Section 3.1 below and subject to third party
intellectual property claims, the Initial Developer hereby
grants You a world-wide, royalty-free, non-exclusive
license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use,
reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with
or without Modifications, and/or as part of a Larger Work;
and
(b) under Patent Claims infringed by the making, using or
selling of Original Software, to make, have made, use,
practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third
party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license
is granted: (1) for code that You delete from the Original
Software, or (2) for infringements caused by: (i) the
modification of the Original Software, or (ii) the
combination of the Original Software with other software or
devices.
2.2. Contributor Grant. Conditioned upon Your compliance
with Section 3.1 below and subject to third party
intellectual property claims, each Contributor hereby grants
You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce,
modify, display, perform, sublicense and distribute the
Modifications created by such Contributor (or portions
thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using, or
selling of Modifications made by that Contributor either
alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for
sale, have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions
of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or
otherwise makes the Modifications available to a third
party.
(d) Notwithstanding Section 2.2(b) above, no patent license
is granted: (1) for any code that Contributor has deleted
from the Contributor Version; (2) for infringements caused
by: (i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the Source
Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute
are governed by the terms of this License. You represent
that You believe Your Modifications are Your original
creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that
identifies You as the Contributor of the Modification. You
may not remove or alter any copyright, patent or trademark
notices contained within the Covered Software, or any
notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients' rights
hereunder. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one
or more recipients of Covered Software. However, you may do
so only on Your own behalf, and not on behalf of the Initial
Developer or any Contributor. You must make it absolutely
clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit or
alter the recipient's rights in the Source Code form from
the rights set forth in this License. If You distribute the
Covered Software in Executable form under a different
license, You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not
by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for
any liability incurred by the Initial Developer or such
Contributor as a result of any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle Corporation 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.
