open_source_licenses.txt
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open_source_licenses.txt
VMware PowerCLI 12.4.0 GA ====================================================================== The following copyright statements and licenses apply to various open source software packages (or portions thereof) that are distributed with this VMware Product. The VMware Product may also include other VMware components, which may contain additional open source software packages. One or more such open_source_licenses.txt files may therefore accompany this VMware Product. The VMware Product that includes this file does not necessarily use all the open source software packages referred to below and may also only use portions of a given package. ==================== TABLE OF CONTENTS ==================== The following is a listing of the open source components detailed in this document. This list is provided for your convenience; please read further if you wish to review the copyright notice(s) and the full text of the license associated with each component. SECTION 1: Apache License, V2.0 >>> common.logging.log4net-2.0.0.0 >>> spring.net-rest-client-1.1.1 SECTION 2: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES >>> newtonsoft.json-10.0.3 >>> dotnet-wcf-2.0.0 >>> sharpziplib-1.1.0 APPENDIX. Standard License Files >>> Apache License, V2.0 >>> Creative Commons Attribution 2.5 >>> Common Public License, V1.0 -------------------- SECTION 1: Apache License, V2.0 -------------------- >>> common.logging.log4net-2.0.0.0 Copyright 2002-2009 the original author or authors. Licensed under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. >>> spring.net-rest-client-1.1.1 Licensed to the Apache Software Foundation (ASF) under one or more contributor license agreements. See the NOTICE file distributed with this work for additional information regarding copyright ownership. The ASF licenses this file to You under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0 Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License. avalon-framework-4.2.0.jar batik-all-1.7.jar commons-io-1.3.1.jar xercesImpl-2.7.1.jar xml-apis-1.3.04.jar xml-apis-ext-1.3.04.jar xmlgraphics-commons-1.3.1.jar ADDITIONAL LICENSE INFORMATION: >MIT spring-net-rest-1.1.1.GA\doc\reference\lib\docbook-xsl-snapshot\highlighting\ xslthl-config.xml Copyright (C) 2005-2008 Michal Molhanec, Jirka Kosek, Michiel Hendriks 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: 1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required. 2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software. 3. This notice may not be removed or altered from any source distribution. Michal Molhanec <mol1111 at users.sourceforge.net> Jirka Kosek <kosek at users.sourceforge.net> Michiel Hendriks <elmuerte at users.sourceforge.net> xml-apis-1.3.04.jar >Apache 1.1 spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\build\fop.jar\ org\apache\fop\render\awt\viewer\resources\Viewer_cs.properties Copyright (C) The Apache Software Foundation. All rights reserved. ------------------------------------------------------------------------- This software is published under the terms of the Apache Software License version 1.1, a copy of which has been included with this distribution in the LICENSE file. xalan-2.7.0.jar xml-apis-1.3.04.jar >Creative Commons Attribution 2.5 spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\batik-all-1.7.jar\org\apache\batik\apps\svgbrowser\resources\ README.icons.txt All of these image files are licensed under the Creative Commons Attribution Share-Alike 2.5 License (http://creativecommons.org/licenses/by-sa/2.5/), which is in the LICENSE.icons.txt file. >MIT spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\batik-all-1.7.jar\org\apache\batik\dom\svg\resources\svg-animation.mod This is SVG, a language for describing two-dimensional graphics in XML. Copyright 2001, 2002 W3C (MIT, INRIA, Keio), All Rights Reserved. Revision: $Id: svg-animation.mod 201058 2002-11-13 09:51:12Z vhardy $ This DTD module is identified by the PUBLIC and SYSTEM identifiers: PUBLIC "-//W3C//ELEMENTS SVG 1.1 Animation//EN" SYSTEM http://www.w3.org/Graphics/SVG/1.1/DTD/svg-animation.mod xml-apis-1.3.04.jar >Various FOSS Licenses spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\README.txt Information on Apache FOP dependencies ========================================= The Apache Licenses can also be found here: http://www.apache.org/licenses/ Normal Dependencies ---------------------- - Apache Jakarta Commons IO commons-io-.jar http://jakarta.apache.org/commons/io/ (I/O routines) Apache License v2.0 - Apache Jakarta Commons Logging commons-logging-.jar http://jakarta.apache.org/commons/logging/ (Logging adapter for various logging backends like JDK 1.4 logging or Log4J) Apache License v2.0 - Apache Avalon Framework avalon-framework-.jar http://excalibur.apache.org/framework/ (Avalon Framework, maintained by the Apache Excalibur project) Apache License v2.0 - Apache XML Graphics Commons xmlgraphics-commons-.jar http://xmlgraphics.apache.org/ (Common Library for Apache Batik and Apache FOP) Apache License v2.0 - Apache Batik batik-.jar http://xmlgraphics.apache.org/batik/ (SVG Implementation) Apache License v2.0 - Apache XML Commons Externals (JAXP API) xml-apis.jar http://xml.apache.org/commons/components/external/ (the JAXP API, plus SAX and various W3C DOM Java bindings, maintained in XML Commons Externals) Apache License v2.0 (applies to the distribution) SAX is in the public domain http://www.saxproject.org/copying.html W3C Software Notice and License (applies to the various DOM Java bindings) W3C Document License (applies to the DOM documentation) http://www.w3.org/Consortium/Legal/copyright-software http://www.w3.org/Consortium/Legal/copyright-documents http://www.w3.org/Consortium/Legal/ xml-apis-ext-.jar http://xml.apache.org/commons/components/external/ (additional DOM APIs from W3C, like SVG, SMIL and Simple API for CSS) Apache License v2.0 (applies to the distribution) W3C Software Notice and License (applies to the various DOM Java bindings) W3C Document License (applies to the DOM documentation) http://www.w3.org/Consortium/Legal/copyright-software http://www.w3.org/Consortium/Legal/copyright-documents http://www.w3.org/Consortium/Legal/ - Apache Xalan-J xalan-.jar and serializer-.jar http://xalan.apache.org (JAXP-compliant XSLT and XPath implementation) Apache License v2.0 (applies to Xalan-J) Apache License v1.1 (applies to Apache BCEL and Apache REGEXP bundled in the JAR) Historical Permission Notice and Disclaimer (applies to CUP Parser Generator) http://www.opensource.org/licenses/historical.php (see xalan.runtime.LICENSE.txt) Special Dependencies ----------------------- - Apache Xerces-J xercesImpl-.jar http://xerces.apache.org (JAXP-compliant XML parser and DOM Level 3 implementation) Apache License v2.0 Xerces-J is not directly referenced by FOP or any of its dependencies. A note on JAXP ----------------------- Since Java 1.4, JAXP (Java API for XML Processing) is part of the JRE/JDK. Every JVM includes the APIs and an implementation. However, older JREs often contain implementations with bugs that are triggered by code in Apache FOP and therefore need to be overridden. Now, since JAXP is part of the class library, special precautions are necessary to replace the original implementations. This is not done by simply adding new JARs to the classpath as these classes would never be loaded (due to Java's class loader hierarchy). Replacing the default implementations involves understanding the "Endorsed Standards Override Mechanism". More information can be found here: http://java.sun.com/j2se/1.4.2/docs/guide/standards/index.html See also: http://xml.apache.org/xalan-j/faq.htmlfaq-N100EF Essentially, you have two different possibilities: - add the replacement JARs in the jre/lib/endorsed directory of your JRE. - Use the -Xbootclasspath/p: option when starting the JVM (may not be available for every JVM). Optional Dependencies ------------------------ The following libraries are not bundled with FOP and must be installed manually. Please make sure you've read the license of each package. - JAI Image I/O Tools https://jai-imageio.dev.java.net/ BSD license Note: This is not the same as JAI! Only the ImageIO-compatible codecs are packaged as "Image I/O Tools". The name may be misleading. - JAI (Java Advanced Imaging API) http://java.sun.com/products/java-media/jai Java Research License and Java Distribution License (Check which one applies to you!) Currently used for: - Grayscale error diffusion dithering in the PCL Renderer - JEuclid (MathML implementation, for the MathML extension) http://jeuclid.sourceforge.net/ http://sourceforge.net/projects/jeuclid Apache License v1.1 Additional development-time dependencies ------------------------------------------- - Servlet API servlet-.jar http://jakarta.apache.org/tomcat/ (Servlet API, javax.servlet) Apache License v1.1 - Apache Ant (not bundled, requires pre-installation) http://ant.apache.org (XML-based build system Apache License V2.0 - JUnit (not bundled, provided by Apache Ant or your IDE) http://www.junit.org Common Public License V1.0 - XMLUnit (optional) (not bundled, to be added to your Apache Ant installation) http://xmlunit.sourceforge.net/ BSD style license >Public Domain spring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\xml-apis-1.3.04.jar\license\LICENSE.sax.txt xml-commons/java/external/LICENSE.sax.txt $Id: LICENSE.sax.txt 225954 2002-01-31 23:26:48Z curcuru $ This license came from: http://www.megginson.com/SAX/copying.html However please note future versions of SAX may be covered under http://saxproject.org/?selected=pd This page is now out of date -- see the new SAX site at http://www.saxproject.org/ for more up-to-date releases and other information. Please change your bookmarks. SAX2 is Free! I hereby abandon any property rights to SAX 2.0 (the Simple API for XML), and release all of the SAX 2.0 source code, compiled code, and documentation contained in this distribution into the Public Domain. SAX comes with NO WARRANTY or guarantee of fitness for any purpose. David Megginson, david@megginson.com 2000-05-05 >MIT-Style pring-net-rest-1.1.1.GA\doc\reference\lib\fop-0.95\lib\xmlgraphics-commons-1.3.1.jar\org\apache\xmlgraphics\fonts\glyphlist.txt Copyright (c) 1997,1998,2002,2007 Adobe Systems Incorporated Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file to use, copy, publish, distribute, sublicense, and/or sell copies of the documentation, and to permit others to do the same, provided that: - No modification, editing or other alteration of this document is allowed; and - The above copyright notice and this permission notice shall be included in all copies of the documentation. Permission is hereby granted, free of charge, to any person obtaining a copy of this documentation file, to create their own derivative works from the content of this document to use, copy, publish, distribute, sublicense, and/or sell the derivative works, and to permit others to do the same, provided that the derived work is not represented as being a copy or version of this document. Adobe shall not be liable to any party for any loss of revenue or profit or for indirect, incidental, special, consequential, or other similar damages, whether based on tort (including without limitation negligence or strict liability), contract or other legal or equitable grounds even if Adobe has been advised or had reason to know of the possibility of such damages.Ê The Adobe materials are provided on an "AS IS" basis.Ê Adobe specifically disclaims all express, statutory, or implied warranties relating to the Adobe materials, including but not limited to those concerning merchantability or fitness for a particular purpose or non-infringement of any third party rights regarding the Adobe materials. >GPL 2.0 spring-net-rest-1.1.1.GA\tools\NAnt\COPYING.txt LICENSE: GPL 2.0 > KIWINOVA LTD PERSONAL LICENCE [VMWARE DOES NOT DISTRIBUTE THE "tools\NCoverExplorer" SUBPACKAGE. THE LICENSE TERMS ARE SET FORTH BELOW SOLELY FOR REFERENCE.] spring-net-rest-1.1.1.GA\tools\NCoverExplorer\ LicencePersonal.rtf KIWINOVA LTD PERSONAL LICENCE AND SUPPORT AGREEMENT NOTICE TO USER: PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I ACCEPT” AND/OR BY DOWNLOADING AND/OR USING ALL OR ANY PORTION OF THE SOFTWARE YOU (“LICENSEE”) ACCEPT THE FOLLOWING TERMS FROM KIWINOVA LTD OF 24 AEGEAN APARTMENTS, 19 WESTERN GATEWAY, LONDON E16 1AR (“KIWINOVA”). YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT IT IS ENFORCEABLE AS IF IT WERE A WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT CLICK “I ACCEPT” AND DO NOT DOWNLOAD OR USE THE SOFTWARE. 1. 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This licence is in respect of use of the Software by the Licensee only and no subsidiaries or holding company of the Licensee may use the Software. 2.2 Except as expressly permitted in this Agreement, Licensee shall not, and shall not permit others to: (i) modify, translate, create derivative copies of or copy the Software (other than one backup copy which reproduces all proprietary notices), in whole or in part; (ii) reverse engineer, decompile, disassemble or otherwise reduce the Software to source code form; (iii) distribute, sublicense, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Software or Licensee’s right to use the Software; (iv) remove or modify any copyright, trademark, or other proprietary notices of KiwiNova affixed to the media containing the Software or contained within the Software; or (v) use the Software in any manner not expressly authorised by this Agreement. 3 PROPRIETARY RIGHTS 4.1 KiwiNova has sole and exclusive ownership of all right, title, and interest in and to the Software, including all copyright and any other intellectual property rights therein. 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All rights in and to the Software not expressly granted to Licensee are reserved by KiwiNova. 4.2 For the avoidance of doubt, the Software does not include: 4.2.1 Actipro Software which is provided by http://actiprosoftware.com/ on the terms and conditions set out at: ActiproEULA.html 4.2.4 CommandBars which is distributed with permission from Lutz Roeder <roeder@aisto.com> 4 TERM AND TERMINATION 4.1 This Agreement shall commence on the Effective Date and continue in effect for consecutive annual periods, unless and until terminated in accordance with clause 4.2, or unless terminated by Mutant on the provision of not less than thirty (30) days notice to the Licensee, such notice to be provided to the Licensee via KiwiNova’s website. 4.2 If either party breaches this Agreement in any material respect, the other party may give written notice to the breaching party of its intent to terminate, and if such breach is not cured within thirty (30) days after the breaching party’s receipt of such notice, this Agreement shall terminate without any further notice required (but no cure period is required for any breach that cannot be cured). 4.3 Upon any termination of this Agreement, (a) the rights and licences granted to Licensee herein shall terminate; (b) Licensee shall cease all use of the Software; (c) Licensee shall delete all copies of the Software and Documentation in Licensee’s possession or under its control; and (d) Licensee shall certify in writing to KiwiNova its compliance with the foregoing. 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[VMware does not distribute these components] -------------------- SECTION 2: BSD-STYLE, MIT-STYLE, OR SIMILAR STYLE LICENSES -------------------- >>> newtonsoft.json-10.0.3 The MIT License (MIT) Copyright (c) 2007 James Newton-King 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. >>> dotnet-wcf-2.0.0 The MIT License (MIT) Copyright (c) .NET Foundation and Contributors All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. ADDITIONAL LICENSE INFORMATION : wcf-2.0.0.tar.gz\wcf-2.0.0.tar\wcf-2.0.0\THIRD-PARTY-NOTICES.TXT .NET Core uses third-party libraries or other resources that may be distributed under licenses different than the .NET Core software. Attributions and license notices for test cases originally authored by third parties can be found in the respective test directories. In the event that we accidentally failed to list a required notice, please bring it to our attention. Post an issue or email us: dotnet@microsoft.com The attached notices are provided for information only. License notice for Bouncy Castle -------------------------------- Bouncy Castle C# Crypto Library v1.7.4137.9688 Copyright (c) 2000-2014 The Legion of the Bouncy Castle Inc. (http://www.bouncycastle.org) Provided for Informational Purposes Only MIT License 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. License notice for .NET Foundation and Contributors (CoreFX) ------------------------------------------------------------ The MIT License (MIT) Copyright (c) .NET Foundation and Contributors 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. >>> sharpziplib-1.1.0 Copyright © 2000-2018 SharpZipLib Contributors 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. ==================== APPENDIX. Standard License Files ==================== -------------------- SECTION 1: Apache License, V2.0 -------------------- Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. 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"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." 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This License may not be modified without the mutual written agreement of the Licensor and You. -------------------- SECTION 3: Common Public License, V1.0 -------------------- Common Public License Version 1.0 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. 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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. ====================================================================== To the extent any open source components are licensed under the GPL and/or LGPL, or other similar licenses that require the source code and/or modifications to source code to be made available (as would be noted above), you may obtain a copy of the source code corresponding to the binaries for such open source components and modifications thereto, if any, (the "Source Files"), by downloading the Source Files from VMware's website at http://www.vmware.com/download/open_source.html, or by sending a request, with your name and address to: VMware, Inc., 3401 Hillview Avenue, Palo Alto, CA 94304, United States of America. All such requests should clearly specify: OPEN SOURCE FILES REQUEST, Attention General Counsel. VMware shall mail a copy of the Source Files to you on a CD or equivalent physical medium. This offer to obtain a copy of the Source Files is valid for three years from the date you acquired this Software product. Alternatively, the Source Files may accompany the VMware product. [POWERCLICOMMON1240GASV072321] |