source: osm/applications/editors/josm/plugins/00_tools/jaxb-ri/ThirdPartyLicenseReadme.txt@ 34595

Last change on this file since 34595 was 34375, checked in by donvip, 7 years ago

see #josm15560, see #josm16047 - include JAXB, removed in JDK11

File size: 43.1 KB
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1DO NOT TRANSLATE OR LOCALIZE
2
3***************************************************************************
4
5%%The following software may be included in this product:
6XML-NamespaceSupport
7
8Use of any of this software is governed by the terms of the license below:
9
10The "Artistic License"
11
12 Preamble
13
14The intent of this document is to state the conditions under which a
15Package may be copied, such that the Copyright Holder maintains some
16semblance of artistic control over the development of the package,
17while giving the users of the package the right to use and distribute
18the Package in a more-or-less customary fashion, plus the right to make
19reasonable modifications.
20
21Definitions:
22
23 "Package" refers to the collection of files distributed by the
24 Copyright Holder, and derivatives of that collection of files
25 created through textual modification.
26
27 "Standard Version" refers to such a Package if it has not been
28 modified, or has been modified in accordance with the wishes
29 of the Copyright Holder as specified below.
30
31 "Copyright Holder" is whoever is named in the copyright or
32 copyrights for the package.
33
34 "You" is you, if you're thinking about copying or distributing
35 this Package.
36
37 "Reasonable copying fee" is whatever you can justify on the
38 basis of media cost, duplication charges, time of people involved,
39 and so on. (You will not be required to justify it to the
40 Copyright Holder, but only to the computing community at large
41 as a market that must bear the fee.)
42
43 "Freely Available" means that no fee is charged for the item
44 itself, though there may be fees involved in handling the item.
45 It also means that recipients of the item may redistribute it
46 under the same conditions they received it.
47
481. You may make and give away verbatim copies of the source form of the
49Standard Version of this Package without restriction, provided that you
50duplicate all of the original copyright notices and associated disclaimers.
51
522. You may apply bug fixes, portability fixes and other modifications
53derived from the Public Domain or from the Copyright Holder. A Package
54modified in such a way shall still be considered the Standard Version.
55
563. You may otherwise modify your copy of this Package in any way, provided
57that you insert a prominent notice in each changed file stating how and
58when you changed that file, and provided that you do at least ONE of the
59following:
60
61 a) place your modifications in the Public Domain or otherwise make them
62 Freely Available, such as by posting said modifications to Usenet or
63 an equivalent medium, or placing the modifications on a major archive
64 site such as uunet.uu.net, or by allowing the Copyright Holder to include
65 your modifications in the Standard Version of the Package.
66
67 b) use the modified Package only within your corporation or organization.
68
69 c) rename any non-standard executables so the names do not conflict
70 with standard executables, which must also be provided, and provide
71 a separate manual page for each non-standard executable that clearly
72 documents how it differs from the Standard Version.
73
74 d) make other distribution arrangements with the Copyright Holder.
75
764. You may distribute the programs of this Package in object code or
77executable form, provided that you do at least ONE of the following:
78
79 a) distribute a Standard Version of the executables and library files,
80 together with instructions (in the manual page or equivalent) on where
81 to get the Standard Version.
82
83 b) accompany the distribution with the machine-readable source of
84 the Package with your modifications.
85
86 c) give non-standard executables non-standard names, and clearly
87 document the differences in manual pages (or equivalent), together
88 with instructions on where to get the Standard Version.
89
90 d) make other distribution arrangements with the Copyright Holder.
91
925. You may charge a reasonable copying fee for any distribution of this
93Package. You may charge any fee you choose for support of this
94Package. You may not charge a fee for this Package itself. However,
95you may distribute this Package in aggregate with other (possibly
96commercial) programs as part of a larger (possibly commercial) software
97distribution provided that you do not advertise this Package as a
98product of your own. You may embed this Package's interpreter within
99an executable of yours (by linking); this shall be construed as a mere
100form of aggregation, provided that the complete Standard Version of the
101interpreter is so embedded.
102
1036. The scripts and library files supplied as input to or produced as
104output from the programs of this Package do not automatically fall
105under the copyright of this Package, but belong to whoever generated
106them, and may be sold commercially, and may be aggregated with this
107Package. If such scripts or library files are aggregated with this
108Package via the so-called "undump" or "unexec" methods of producing a
109binary executable image, then distribution of such an image shall
110neither be construed as a distribution of this Package nor shall it
111fall under the restrictions of Paragraphs 3 and 4, provided that you do
112not represent such an executable image as a Standard Version of this
113Package.
114
1157. C subroutines (or comparably compiled subroutines in other
116languages) supplied by you and linked into this Package in order to
117emulate subroutines and variables of the language defined by this
118Package shall not be considered part of this Package, but are the
119equivalent of input as in Paragraph 6, provided these subroutines do
120not change the language in any way that would cause it to fail the
121regression tests for the language.
122
1238. Aggregation of this Package with a commercial distribution is always
124permitted provided that the use of this Package is embedded; that is,
125when no overt attempt is made to make this Package's interfaces visible
126to the end user of the commercial distribution. Such use shall not be
127construed as a distribution of this Package.
128
1299. The name of the Copyright Holder may not be used to endorse or promote
130products derived from this software without specific prior written permission.
131
13210. THIS PACKAGE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR
133IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
134WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE.
135
136 The End
137
138Additional License(s)
139
140Copyright (c) 2001-2005 Robin Berjon. All rights reserved.
141
142***************************************************************************
143
144%%The following software may be included in this product:
145iso-relax.jar
146
147Use of any of this software is governed by the terms of the license below:
148
149The MIT License
150
151 Copyright (c)
152
153 Permission is hereby granted, free of charge, to
154 any person obtaining a copy of this software and
155 associated documentation files (the "Software"),
156 to deal in the Software without restriction,
157 including without limitation the rights to use,
158 copy, modify, merge, publish, distribute,
159 sublicense, and/or sell copies of the Software,
160 and to permit persons to whom the Software is
161 furnished to do so, subject to the following
162 conditions:
163
164 The above copyright notice and this permission
165 notice shall be included in all copies or
166 substantial portions of the Software.
167
168 THE SOFTWARE IS PROVIDED "AS IS", WITHOUT
169 WARRANTY OF ANY KIND, EXPRESS OR IMPLIED,
170 INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
171 MERCHANTABILITY, FITNESS FOR A PARTICULAR
172 PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
173 THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR
174 ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
175 IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
176 ARISING FROM, OUT OF OR IN CONNECTION WITH THE
177 SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
178 SOFTWARE.
179
180
181
182
183 Copyright ýý 200
184
185Additional License(s)
186
187"copyright" and "license" results in the following hits:
188> * The above copyright notice and this permission notice shall be included
189> * distribute, sublicense, and/or sell copies of the Software, and to
190
191GNU, GPL, LGPL reveals no hit. "?" hits a lot of things but none of them
192are relevant to the licensing terms.
193
194
195***************************************************************************
196
197%%The following software may be included in this product:
198relaxngDatatype.jar
199
200Use of any of this software is governed by the terms of the license below:
201
202Copyright (c) 2001, Thai Open Source Software Center Ltd, Sun Microsystems.
203All rights reserved.
204
205Redistribution and use in source and binary forms, with or without
206modification, are permitted provided that the following conditions are
207met:
208
209 Redistributions of source code must retain the above copyright
210 notice, this list of conditions and the following disclaimer.
211
212 Redistributions in binary form must reproduce the above copyright
213 notice, this list of conditions and the following disclaimer in
214 the documentation and/or other materials provided with the
215 distribution.
216
217 Neither the names of the copyright holders nor the names of its
218 contributors may be used to endorse or promote products derived
219 from this software without specific prior written permission.
220
221THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS
222"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
223LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
224A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR
225CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
226EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO,
227PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
228PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
229LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
230NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS
231SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
232
233Additional License(s)
234
235Got the following hits. No hit for GNU, GPL, LGPL.
236
237> Redistributions of source code must retain the above copyright
238
239> Neither the names of the copyright holders nor the names of its
240
241> this license is the BSD license.
242
243***************************************************************************
244
245%%The following software may be included in this product:
246RELAX NG Object Model/Parser
247
248Use of any of this software is governed by the terms of the license below:
249
250The MIT License
251
252Copyright (c)
253
254Permission is hereby granted, free of charge, to any person obtaining a copy of
255this software and associated documentation files (the "Software"), to deal in
256the Software without restriction, including without limitation the rights to
257use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
258the Software, and to permit persons to whom the Software is furnished to do so,
259subject to the following conditions:
260
261The above copyright notice and this permission notice shall be included in all
262copies or substantial portions of the Software.
263
264THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
265IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
266FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
267COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
268IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
269CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.
270
271Additional License(s)
272
273See https://rngom.dev.java.net/doc/index.html
274
275***************************************************************************
276
277%%The following software may be included in this product:
278RelaxNGCC
279
280Use of any of this software is governed by the terms of the license below:
281
282Copyright (c) 2000-2003 Daisuke Okajima and Kohsuke Kawaguchi.
283All rights reserved.
284
285Redistribution and use in source and binary forms, with or without
286modification, are permitted provided that the following conditions
287are met:
288
2891. Redistributions of source code must retain the above copyright
290notice, this list of conditions and the following disclaimer.
291
2922. Redistributions in binary form must reproduce the above copyright
293notice, this list of conditions and the following disclaimer in the
294documentation and/or other materials provided with the distribution.
295
2963. The end-user documentation included with the redistribution, if
297any, must include the following acknowledgment:
298
299 "This product includes software developed by Daisuke Okajima
300 and Kohsuke Kawaguchi (http://relaxngcc.sf.net/)."
301
302Alternately, this acknowledgment may appear in the software itself,
303if and wherever such third-party acknowledgments normally appear.
304
3054. The names of the copyright holders must not be used to endorse or
306promote products derived from this software without prior written
307permission. For written permission, please contact the copyright
308holders.
309
3105. Products derived from this software may not be called "RELAXNGCC",
311nor may "RELAXNGCC" appear in their name, without prior written
312permission of the copyright holders.
313
314THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED
315WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
316OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED.
317IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS
318BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
319OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT
320OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR
321BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
322WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
323OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,
324EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
325
326Additional License(s)
327
328None found
329
330***************************************************************************
331
332%%The following software may be included in this product:
333XML Resolver library
334
335Use of any of this software is governed by the terms of the license below:
336
337 Apache License
338 Version 2.0, January 2004
339 http://www.apache.org/licenses/
340
341 TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
342
343 1. Definitions.
344
345 "License" shall mean the terms and conditions for use, reproduction,
346 and distribution as defined by Sections 1 through 9 of this document.
347
348 "Licensor" shall mean the copyright owner or entity authorized by
349 the copyright owner that is granting the License.
350
351 "Legal Entity" shall mean the union of the acting entity and all
352 other entities that control, are controlled by, or are under common
353 control with that entity. For the purposes of this definition,
354 "control" means (i) the power, direct or indirect, to cause the
355 direction or management of such entity, whether by contract or
356 otherwise, or (ii) ownership of fifty percent (50%) or more of the
357 outstanding shares, or (iii) beneficial ownership of such entity.
358
359 "You" (or "Your") shall mean an individual or Legal Entity
360 exercising permissions granted by this License.
361
362 "Source" form shall mean the preferred form for making modifications,
363 including but not limited to software source code, documentation
364 source, and configuration files.
365
366 "Object" form shall mean any form resulting from mechanical
367 transformation or translation of a Source form, including but
368 not limited to compiled object code, generated documentation,
369 and conversions to other media types.
370
371 "Work" shall mean the work of authorship, whether in Source or
372 Object form, made available under the License, as indicated by a
373 copyright notice that is included in or attached to the work
374 (an example is provided in the Appendix below).
375
376 "Derivative Works" shall mean any work, whether in Source or Object
377 form, that is based on (or derived from) the Work and for which the
378 editorial revisions, annotations, elaborations, or other modifications
379 represent, as a whole, an original work of authorship. For the purposes
380 of this License, Derivative Works shall not include works that remain
381 separable from, or merely link (or bind by name) to the interfaces of,
382 the Work and Derivative Works thereof.
383
384 "Contribution" shall mean any work of authorship, including
385 the original version of the Work and any modifications or additions
386 to that Work or Derivative Works thereof, that is intentionally
387 submitted to Licensor for inclusion in the Work by the copyright owner
388 or by an individual or Legal Entity authorized to submit on behalf of
389 the copyright owner. For the purposes of this definition, "submitted"
390 means any form of electronic, verbal, or written communication sent
391 to the Licensor or its representatives, including but not limited to
392 communication on electronic mailing lists, source code control systems,
393 and issue tracking systems that are managed by, or on behalf of, the
394 Licensor for the purpose of discussing and improving the Work, but
395 excluding communication that is conspicuously marked or otherwise
396 designated in writing by the copyright owner as "Not a Contribution."
397
398 "Contributor" shall mean Licensor and any individual or Legal Entity
399 on behalf of whom a Contribution has been received by Licensor and
400 subsequently incorporated within the Work.
401
402 2. Grant of Copyright License. Subject to the terms and conditions of
403 this License, each Contributor hereby grants to You a perpetual,
404 worldwide, non-exclusive, no-charge, royalty-free, irrevocable
405 copyright license to reproduce, prepare Derivative Works of,
406 publicly display, publicly perform, sublicense, and distribute the
407 Work and such Derivative Works in Source or Object form.
408
409 3. Grant of Patent License. Subject to the terms and conditions of
410 this License, each Contributor hereby grants to You a perpetual,
411 worldwide, non-exclusive, no-charge, royalty-free, irrevocable
412 (except as stated in this section) patent license to make, have made,
413 use, offer to sell, sell, import, and otherwise transfer the Work,
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417 with the Work to which such Contribution(s) was submitted. If You
418 institute patent litigation against any entity (including a
419 cross-claim or counterclaim in a lawsuit) alleging that the Work
420 or a Contribution incorporated within the Work constitutes direct
421 or contributory patent infringement, then any patent licenses
422 granted to You under this License for that Work shall terminate
423 as of the date such litigation is filed.
424
425 4. Redistribution. You may reproduce and distribute copies of the
426 Work or Derivative Works thereof in any medium, with or without
427 modifications, and in Source or Object form, provided that You
428 meet the following conditions:
429
430 (a) You must give any other recipients of the Work or
431 Derivative Works a copy of this License; and
432
433 (b) You must cause any modified files to carry prominent notices
434 stating that You changed the files; and
435
436 (c) You must retain, in the Source form of any Derivative Works
437 that You distribute, all copyright, patent, trademark, and
438 attribution notices from the Source form of the Work,
439 excluding those notices that do not pertain to any part of
440 the Derivative Works; and
441
442 (d) If the Work includes a "NOTICE" text file as part of its
443 distribution, then any Derivative Works that You distribute must
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447 of the following places: within a NOTICE text file distributed
448 as part of the Derivative Works; within the Source form or
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451 wherever such third-party notices normally appear. The contents
452 of the NOTICE file are for informational purposes only and
453 do not modify the License. You may add Your own attribution
454 notices within Derivative Works that You distribute, alongside
455 or as an addendum to the NOTICE text from the Work, provided
456 that such additional attribution notices cannot be construed
457 as modifying the License.
458
459 You may add Your own copyright statement to Your modifications and
460 may provide additional or different license terms and conditions
461 for use, reproduction, or distribution of Your modifications, or
462 for any such Derivative Works as a whole, provided Your use,
463 reproduction, and distribution of the Work otherwise complies with
464 the conditions stated in this License.
465
466 5. Submission of Contributions. Unless You explicitly state otherwise,
467 any Contribution intentionally submitted for inclusion in the Work
468 by You to the Licensor shall be under the terms and conditions of
469 this License, without any additional terms or conditions.
470 Notwithstanding the above, nothing herein shall supersede or modify
471 the terms of any separate license agreement you may have executed
472 with Licensor regarding such Contributions.
473
474 6. Trademarks. This License does not grant permission to use the trade
475 names, trademarks, service marks, or product names of the Licensor,
476 except as required for reasonable and customary use in describing the
477 origin of the Work and reproducing the content of the NOTICE file.
478
479 7. Disclaimer of Warranty. Unless required by applicable law or
480 agreed to in writing, Licensor provides the Work (and each
481 Contributor provides its Contributions) on an "AS IS" BASIS,
482 WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
483 implied, including, without limitation, any warranties or conditions
484 of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
485 PARTICULAR PURPOSE. You are solely responsible for determining the
486 appropriateness of using or redistributing the Work and assume any
487 risks associated with Your exercise of permissions under this License.
488
489 8. Limitation of Liability. In no event and under no legal theory,
490 whether in tort (including negligence), contract, or otherwise,
491 unless required by applicable law (such as deliberate and grossly
492 negligent acts) or agreed to in writing, shall any Contributor be
493 liable to You for damages, including any direct, indirect, special,
494 incidental, or consequential damages of any character arising as a
495 result of this License or out of the use or inability to use the
496 Work (including but not limited to damages for loss of goodwill,
497 work stoppage, computer failure or malfunction, or any and all
498 other commercial damages or losses), even if such Contributor
499 has been advised of the possibility of such damages.
500
501 9. Accepting Warranty or Additional Liability. While redistributing
502 the Work or Derivative Works thereof, You may choose to offer,
503 and charge a fee for, acceptance of support, warranty, indemnity,
504 or other liability obligations and/or rights consistent with this
505 License. However, in accepting such obligations, You may act only
506 on Your own behalf and on Your sole responsibility, not on behalf
507 of any other Contributor, and only if You agree to indemnify,
508 defend, and hold each Contributor harmless for any liability
509 incurred by, or claims asserted against, such Contributor by reason
510 of your accepting any such warranty or additional liability.
511
512 END OF TERMS AND CONDITIONS
513
514 APPENDIX: How to apply the Apache License to your work.
515
516 To apply the Apache License to your work, attach the following
517 boilerplate notice, with the fields enclosed by brackets "[]"
518 replaced with your own identifying information. (Don't include
519 the brackets!) The text should be enclosed in the appropriate
520 comment syntax for the file format. We also recommend that a
521 file or class name and description of purpose be included on the
522 same "printed page" as the copyright notice for easier
523 identification within third-party archives.
524
525 Copyright [yyyy] [name of copyright owner]
526
527 Licensed under the Apache License, Version 2.0 (the "License");
528 you may not use this file except in compliance with the License.
529 You may obtain a copy of the License at
530
531 http://www.apache.org/licenses/LICENSE-2.0
532
533 Unless required by applicable law or agreed to in writing, software
534 distributed under the License is distributed on an "AS IS" BASIS,
535 WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
536 See the License for the specific language governing permissions and
537 limitations under the License.
538
539Additional License(s)
540
541All occurrences of copyright, license and (c) refer to the Apache 1.1 license.
542
543No occurrences of GNU, GPL, LGPL.
544
545***************************************************************************
546
547%%The following software may be included in this product:
548Stax API (only)
549
550Use of any of this software is governed by the terms of the license below:
551
552Streaming API for XML (JSR-173) Specification Reference Implementation
553License Agreement
554
555READ THE TERMS OF THIS (THE "AGREEMENT") CAREFULLY BEFORE VIEWING OR USING THE
556SOFTWARE LICENSED HEREUNDER. BY VIEWING OR USING THE SOFTWARE, YOU AGREE TO
557THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY,
558INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT
559THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY
560RETURN THE UNUSED SOFTWARE TO ORIGINAL CONTRIBUTOR, DEFINED HEREIN.
561
5621.0 DEFINITIONS.
563
5641.1. "BEA" means BEA Systems, Inc., the licensor of the Original Code.
565
5661.2. "Contributor" means BEA and each entity that creates or contributes to
567the creation of Modifications.
568
5691.3. "Covered Code" means the Original Code or Modifications or the combination
570of the Original Code and Modifications, in each case including portions
571thereof and corresponding documentation released with the source code.
572
5731.4. "Executable" means Covered Code in any form other than Source Code.
574
5751.5. "FCS" means first commercial shipment of a product.
576
5771.6. "Modifications" means any addition to or deletion from the substance
578or structure of either the Original Code or any previous Modifications. When
579Covered Code is released as a series of files, a Modification is:
580
581(a) Any addition to or deletion from the contents of a file containing
582Original Code or previous Modifications.
583
584(b) Any new file that contains any part of the Original Code or previous
585Modifications.
586
5871.7. "Original Code" means Source Code of computer software code Reference
588Implementation.
589
5901.8. "Patent Claims" means any patent claim(s), now owned or hereafter
591acquired, including without limitation, method, process, and apparatus claims,
592in any patent for which the grantor has the right to grant a license.
593
5941.9. “Reference Implementation” means the prototype or “proof of
595concept” implementa­tion of the Specification developed and made available
596for license by or on behalf of BEA.
597
5981.10. "Source Code" means the preferred form of the Covered Code for making
599modifications to it, including all modules it contains, plus any associated
600documentation, interface definition files, scripts used to control compilation
601and installation of an Executable, or source code differential comparisons
602against either the Original Code or another well known, available Covered
603Code of the Contributor's choice.
604
6051.11. “Specification” means the written specification for the Streaming
606API for XML , Java technology developed pursuant to the Java Community Process.
6071.12. "Technology Compatibility Kit" or “TCK” means the documentation,
608testing tools and test suites associated with the Specification as may be
609revised by BEA from time to time, that is provided so that an implementer
610of the Specifi­cation may determine if its implementation is compliant with
611the Specification.
612
6131.13. "You" (or "Your") means an individual or a legal entity exercising rights
614under, and complying with all of the terms of, this Agreement or a future
615version of this Agreement issued under Section 6.1. For legal entities,
616"You" includes any entity which controls, is controlled by, or is under
617common control with You. For purposes of this definition, "control" means (a)
618the power, direct or indirect, to cause the direction or management of such
619entity, whether by contract or otherwise, or (b) ownership of more than fifty
620percent (50%) of the outstanding shares or beneficial ownership of such entity.
621
6222.0 SOURCE CODE LICENSE.
623
6242.1. Copyright Grant. Subject to the terms of this Agreement, each Contributor
625hereby grants You a non-exclusive, worldwide, royalty-free copyright license to
626reproduce, prepare derivative works of, publicly display, publicly perform,
627distribute and sublicense the Covered Code of such Contributor, if any,
628and such derivative works, in Source Code and Executable form.
629
6302.2. Patent Grant. Subject to the terms of this Agreement, each Contributor
631hereby grants You a non-exclusive, worldwide, royalty-free patent license
632under the Patent Claims to make, use, sell, offer to sell, import and otherwise
633transfer the Covered Code prepared and provided by such Contributor, if any,
634in Source Code and Executable form. This patent license shall apply to the
635Covered Code if, at the time a Modification is added by the Contributor, such
636addition of the Modification causes such combination to be covered by the
637Patent Claims. The patent license shall not apply to any other combinations
638which include the Modification.
639
6402.3. Conditions to Grants. You understand that although each Contributor
641grants the licenses to the Covered Code prepared by it, no assurances are
642provided by any Contributor that the Covered Code does not infringe the patent
643or other intellectual property rights of any other entity. Each Contributor
644disclaims any liability to You for claims brought by any other entity based
645on infringement of intellectual property rights or otherwise. As a condition
646to exercising the rights and licenses granted hereunder, You hereby assume
647sole responsibility to secure any other intellectual property rights needed,
648if any. For example, if a third party patent license is required to allow
649You to distribute Covered Code, it is Your responsibility to acquire that
650license before distributing such code.
651
6522.4. Contributors’ Representation. Each Contributor represents that
653to its knowledge it has sufficient copyright rights in the Covered Code it
654provides , if any, to grant the copyright license set forth in this Agreement.
655
6563.0 DISTRIBUION RESTRICTIONS.
657
6583.1. Application of Agreement.
659
660The Modifications which You create or to which You contribute are governed
661by the terms of this Agreement, including without limitation Section 2.0. The
662Source Code version of Covered Code may be distributed only under the terms of
663this Agreement or a future version of this Agreement released under Section
6646.1, and You must include a copy of this Agreement with every copy of the
665Source Code You distribute. You may not offer or impose any terms on any
666Source Code version that alters or restricts the applicable version of this
667Agreement or the recipients' rights hereunder. However, You may include an
668additional document offering the additional rights described in Section 3.3.
669
6703.2. Description of Modifications.
671
672You must cause all Covered Code to which You contribute to contain a file
673documenting the changes You made to create that Covered Code and the date
674of any change. You must include a prominent statement that the Modification
675is derived, directly or indirectly, from Original Code provided by BEA and
676including the name of BEA in (a) the Source Code, and (b) in any notice in
677an Executable version or related documentation in which You describe the
678origin or ownership of the Covered Code.
679
6803.3. Required Notices.
681
682You must duplicate the following notice in each file of the Source Code:
683
684“(c) 2002, 2003 BEA Systems, Inc. All rights Reserved. The contents
685of this file are subject to the BEA Streaming API for XML Specification
686Reference Implementation License Agreement (the “Agreement”); you may
687not use this file except in compliance with the Agreement. A copy of the
688Agreement is available at http://www.bea.com/”
689
690If You created one or more Modification(s) You may add your name as a
691Contributor to the copyright portion of the notice above. You must also
692duplicate this Agreement in any documentation for the Source Code where You
693describe recipients' rights or ownership rights relating to Covered Code. You
694may choose to offer, and to charge a fee for, warranty, support, indemnity or
695liability obligations to one or more recipients of Covered Code. However,
696You may do so only on Your own behalf, and not on behalf of BEA or any
697other Contributor. You must make it absolutely clear than any such warranty,
698support, indemnity or liability obligation is offered by You alone, and You
699hereby agree to indemnify BEA and every other Contributor for any liability
700incurred by BEA or such other Contributor as a result of warranty, support,
701indemnity or liability terms You offer.
702
7033.4. Distribution of Executable Versions.
704
705You may choose to distribute Covered Code in Executable form under its own
706license agreement, provided that:
707
708 (a) You comply with the terms and conditions of this Agreement; and
709
710(b) Your license agreement: (i) effectively disclaims on behalf of all
711Contributors all warranties and conditions, express and implied, including
712warranties or conditions of title and non-infringement, and implied warranties
713or conditions of merchantability and fitness for a particular purpose; (ii)
714effectively excludes on behalf of all Contributors all liability for damages,
715including direct, indirect, special, incidental and consequential damages,
716such as lost profits; (iii) states that any provisions which differ from this
717Agreement are offered by that Contributor alone and not by any other party;
718and (iv) states that Source Code for the Covered Code is available from
719such Contributor, and informs licensees how to obtain it in a reasonable
720manner on or through a medium customarily used for software exchange.
721
722(c) You do not use any marks, brands or logos associated with the
723JCP Specification, or otherwise promote or market any Covered Code, as
724being compatible, compliant, conformant or otherwise consistent with the
725Specification unless such product passes, in accordance with the documentation
726(including the TCK Users Guide, if any), the most current TCK applicable to
727the latest version of the Specification and available from BEA one hundred
728twenty (120) days before FCS of such version of the product; provided,
729however, that if You elect to use a version of the TCK also provided by
730BEA that is newer than that which is required under this Section 2.1(b)(v),
731then You agree to pass such TCK.
732
7333.5. Distribution of Source Code Versions.
734
735When You make Covered Code available in Source Code form:
736
737 (a) it must be made available under this Agreement; and
738
739 (b) a copy of this Agreement must be included with each copy of the
740 Covered Code.
741
742You may not remove or alter any copyright notices contained within the
743Covered Code. Each Contributor must identify itself as the originator of
744its contribution to the Covered Code, if any, in a manner that reasonably
745allows subsequent licensees to identify the originator of each portion of
746the Covered Code.
747
748
749
7504.0 DISCLAIMER OF WARRANTY.
751
752COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
753WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
754LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE,
755FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE
756QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED
757CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT BEA OR ANY OTHER CONTRIBUTOR)
758ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
759DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
760USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
761
7625.0 TERMINATION.
763
7645.1. This Agreement and the rights granted hereunder will terminate
765automatically if You fail to comply with terms herein and fail to cure such
766breach within 30 days of becoming aware of the breach. All sublicenses to
767the Covered Code which are properly granted shall survive any termination
768of this Agreement. Provisions which, by their nature, must remain in effect
769beyond the termination of this Agreement shall survive.
770
7715.2. If You initiate litigation by asserting a patent infringement claim
772(excluding declaratory judgment actions) against BEA or a Contributor
773(BEA or Contributor against whom You file such action is referred to as
774"Participant") alleging that:
775
776(a) such Participant's Covered Code directly or indirectly infringes any
777patent, then any and all rights granted by such Participant to You under
778Sections 2.0of this Agreement shall, upon 60 days notice from Participant
779terminate prospectively, unless if within 60 days after receipt of notice
780You either: (i) agree in writing to pay Participant a mutually agreeable
781reasonable royalty for Your past and future use of Modifications made by
782such Participant, or (ii) withdraw Your litigation claim with respect to
783the Covered Code against such Participant. If within 60 days of notice, a
784reasonable royalty and payment arrangement are not mutually agreed upon in
785writing by the parties or the litigation claim is not withdrawn, the rights
786granted by Participant to You under Section 2.0 automatically terminate at
787the expiration of the 60 day notice period specified above.
788
789(b) any software, hardware, or device, other than such Participant's Covered
790Code, directly or indirectly infringes any patent, then any rights granted
791to You by such Participant under Sections 2.0 are revoked effective as of
792the date You first made, used, sold, distributed, or had made, Modifications
793made by that Participant.
794
7955.3. If You assert a patent infringement claim against Participant alleging
796that such Participant's Covered Code directly or indirectly infringes any
797patent where such claim is resolved (such as by license or settlement) prior
798to the initiation of patent infringement litigation, then the reasonable value
799of the licenses granted by such Participant under Sections 2.0 shall be taken
800into account in determining the amount or value of any payment or license.
801
8025.4. In the event of termination under Sections 5.1 or 5.2 above, all end
803user license agreements (excluding distributors and resellers) which have
804been validly granted by You or any distributor hereunder prior to termination
805shall survive termination.
806
8076.0 LIMITATION OF LIABILITY.
808
809UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
810NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOUBEA, ANY OTHER CONTRIBUTOR, OR
811ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
812LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
813DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
814GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
815COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED
816OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
817APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
818NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
819JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
820CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
821
8227.0 U.S. GOVERNMENT END USERS.
823
824The Covered Code is a "commercial item," as that term is defined in 48
825C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
826and "commercial computer software documentation," as such terms are used
827in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
828C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End
829Users acquire Covered Code with only those rights set forth herein.
830
8318.0 MISCELLANEOUS.
832
833This Agreement represents the complete agreement concerning subject matter
834hereof. If any provision of this Agreement is held to be unenforceable,
835such provision shall be reformed only to the extent necessary to make it
836enforceable. This Agreement shall be governed by California law provisions
837(except to the extent applicable law, if any, provides otherwise), excluding
838its conflict-of-law provisions. With respect to disputes in which at least one
839party is a citizen of, or an entity chartered or registered to do business
840in the United States of America, any litigation relating to this Agreement
841shall be subject to the jurisdiction of the Federal Courts of the Northern
842District of California, with venue lying in Santa Clara County, California,
843with the losing party responsible for costs, including without limitation,
844court costs and reasonable attorneys' fees and expenses. The application
845of the United Nations Convention on Contracts for the International Sale
846of Goods is expressly excluded. Any law or regulation which provides that
847the language of a contract shall be construed against the drafter shall not
848apply to this Agreement.
849
8509.0 RESPONSIBILITY FOR CLAIMS.
851
852As between BEA and the other Contributors, each party is responsible for
853claims and damages arising, directly or indirectly, out of its utilization of
854rights under this Agreement and You agree to work with BEA and Contributors
855to distribute such responsibility on an equitable basis. Nothing herein is
856intended or shall be deemed to constitute any admission of liability.
857
858***************************************************************************
859
860%%The following software may be included in this product:
861XMLWriter
862
863Use of any of this software is governed by the terms of the license below:
864
865XMLWriter IS FREE
866-----------------
867
868I hereby abandon any property rights to XMLWriter 0.1, and release all
869of the XMLWriter 0.1 source code, compiled code, and documentation
870contained in this distribution into the Public Domain. XMLWriter
871comes with NO WARRANTY or guarantee of fitness for any purpose.
872
873
874David Megginson
875david@megginson.com
8762000-04-19
877
878Additional License(s)
879
880I grep-ed the source. GNU and GPL has no hits, '?' yieds 11 hits but none of them
881are license related. "copyright" and "license" yield no hits either.
882
883***************************************************************************
884
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