GENERAL TERMS AND CONDITIONS - LICENCE

INDEX TO CLAUSES

  1. Interpretation and definitions
  2. Grant of licence
  3. Copyright and restrictions
  4. Intellectual Property
  5. Referencing
  6. Termination
  7. Inspection
  8. Components

1. INTERPRETATION AND DEFINITIONS

In these Conditions:

"NESSTAR" means NSD, whose registered office is at Harald HÃ¥rfagresgate 29 N-5007 Bergen Norway.

"LICENCE TERM" subject always to Clause 6 hereof means a licence of ONE year unless a proposal has specifically stated a shorter period and such shorter period has been specifically ordered by the Licensee.

“LICENSED EQUIPMENT" means the equipment of the Licensee that Nesstar has approved for the use of the Software.

"LICENSEE" means the person, firm or company that has placed an order for the Nesstar software

"NUMBER OF USERS" means the number of users specified in the proposal who are authorised to use the Software

"PROPRIETARY INFORMATION" means all intellectual property rights including but not limited thereto all copyrights, design rights (registered and unregistered), patents, trademarks, designs, formula, code and other similar data relating to the Software.

"ORDER" means any purchase order issued by the Licensee for software from Nesstar

"PROPOSAL” means any proposal or quotation for the supply of Software issued by Nesstar

"SITE" means the location for which the Software may be used identified in the Order

"SOFTWARE" means each Nesstar software program provided by Nesstar, including software in which Nesstar has sub-licensing rights, in executable, machine readable, object, printed or interpreted form, including any Software Protection Device and any documentation, modifications, improvements or updates supplied to the Licensee under any Order.

"SOFTWARE PROTECTION DEVICE" means the software protection key or password supplied by Nesstar.

"SPECIFICATION" means the written specification of the Software.

"SUPPORT AGREEMENT" means the Software Maintenance and Technical Support Agreement supplied separately by Nesstar

“WEB INSTALLED” means software downloaded from the Nesstar website and installed by the licencee

1.1 The headings in these Conditions are for convenience only and shall not affect their interpretation.

2. GRANT OF LICENCE

2.1 The Software contains Proprietary Information that is owned or supplied under licence by Nesstar. The Licensee owns the media upon which the Software has been recorded by Nesstar for the purpose of delivery of the software but Nesstar retains title to the Software and all Proprietary Information related thereto, including third parties from whom Nesstar has obtained licensing rights.
2.2 This Licence allows the Licensee to use the Software on the Licensed Equipment for the Site for the Number of Users for the Licence Term unless stated differently upon the Nesstar Proposal and Purchase Order of the Licensee.
2.3 The Licensee is expressly prohibited from copying, duplicating, reproducing or otherwise transferring the Software (or any component thereof) for any other purpose whatsoever except for one copy retained for backup purposes.
2.4 In the event that and only for so long as the Licensed Equipment is not operative the Licensee may transfer and use the Software on backup hardware provided the Licensee has informed Nesstar of such transfer in writing.
2.5 FAILURE TO COMPLY WITH AND ADHERE TO THE TERMS AND CONDITIONS OF THIS LICENCE COULD SUBJECT THE LICENSEE TO LEGAL ACTION BY NESSTAR AND/OR TERMINATION OF THIS LICENCE.

3. COPYRIGHT AND RESTRICTIONS

3.1 Copyright
3.1.1 the Software contains copyright data (including but not limited to images, photographs, animations, video, audio and text incorporated into the Software) and Proprietary Information, which remain the property of Nesstar and third parties from whom Nesstar has obtained licensing rights. Full details of third party software components is available from NSD.

3.2 Restricted Acts
3.2.1 Unless otherwise agreed the Software may only be used for the Site specified in the Proposal or Order.
3.2.2 The Licensee shall not decompile, reverse engineer, disassemble or otherwise reduce the Software to a human perceivable form. The Licensee may not modify, adapt, translate, rent, lease, loan, sell, distribute or create derivative works based on the Software in whole or part except where Nesstar has expressly authorised the Licensee to do so in writing. The Licensee shall not electronically transfer the Software from one computer to another over a network

4. INTELLECTUAL PROPERTY

4.1 Warranty on Media
4.1.1 Nesstar warrants that the web-installed software is free from defects in materials and workmanship under normal use for a period of 90 days from the date of delivery evidenced by the delivery note. Nesstar’s entire liability and the Licensee's exclusive remedy will be the replacement copy of Nesstar software not meeting Nesstar's limited warranty and which is returned to Nesstar with proof of authorised possession. Nesstar will have no responsibility to replace Nesstar software damaged by accident, abuse or misapplication.
4.2 Warranty on Software
4.2.1 Nesstar warrants that the Software will be fit for the purposes set out in Nesstar's Specification subject to clause 4.2.2 below. If there is no Specification the Software will be of satisfactory quality. The Licensee is responsible for the use of the Software, all results obtained and how these are interpreted. Nesstar does not warrant that the Software will meet the Licensee's requirements or that operation of the Software will be error or interruption free.
4.2.2 The Warranty set out in 4.2.1 above shall not apply to Software used on or in connection with equipment which is not approved equipment as set out in Nesstar's Specification. If there is no Specification it is the Licensee's responsibility to assess whether the Software will operate on the Licensed Equipment or any replacement equipment (authorised by Nesstar) and no liability is accepted by Nesstar for failure of the Software's operation on the Licensed Equipment on which it is installed.
4.2.3 Except as expressly provided herein, all other warranties whether implied by statute or common law or otherwise are hereby expressly excluded to the fullest extent permissible by law.
4.2.4 In the event of any breach of Nesstar's warranty in this clause 4.2 (whether by reason of defective materials, production faults or otherwise) Nesstar's total liability shall be limited to the replacement or repair of the Software in question
4.2.5 Nesstar shall not be liable to the Licensee for any consequential special or indirect loss or damage (whether for loss of profit or contracts or otherwise and whether arising from negligence, breach of contract or howsoever), even if Nesstar has been advised of the possibility of such damages.
4.2.6 In no event shall Nesstar's total liability to the Licensee for all damages, losses, and causes of action, whether in contract tort (including negligence) or otherwise, exceed the amount paid by the Licensee for the Software thereon PROVIDED THAT Nesstar does not seek to exclude or restrict its liability for death or personal injury resulting from its negligence.

4.3 Intellectual property rights
4.3.1 Nesstar does not warrant that use of the Software will not infringe the intellectual property rights of any third party although it is unaware of any such possibility. . If the Licensee, having used all reasonable endeavours to do so, is unable to use the Software without infringing the intellectual property rights of a third party Nesstar may at its discretion subject always to the availability of a licence of such intellectual property rights either:
4.3.1.1 pay any licence fee demanded by a third party for the use of the Software; or
4.3.1.2 terminate the licence and refund the written down value (based on life of 5 years) of the purchase price appropriate to the Software
4.3.2 In no event shall Nesstar's liability to the Licensee under or as a result of clause 4.3 exceed the sums paid to Nesstar by the Licensee for the alleged infringing Software.

5. REFERENCING

5.1 All reports, publications and presentations relating to the use of the Software must quote the name of the Software and its origin.

6. TERMINATION

6.1 This licence shall continue for the Licence Term unless terminated earlier by agreement of the parties or in accordance with this clause 6.
6.2 The Licensee may terminate the licence at any time by destroying the Software and all copies thereof and by returning any Software Protection Device/password to Nesstar.
6.3 The Licence will terminate immediately upon notice from Nesstar if the Licensee fails to comply with the provisions of this Licence.
6.4 This Licence will terminate automatically if the Licensee shall commit any act of bankruptcy or become insolvent or go into liquidation or suffer a mortgagor or receiver to become entitled to possession of any of its assets or if any of the foregoing events are in the reasonable opinion of Nesstar threatened.
6.5 On termination of this Agreement the Licensee must destroy the Software and return any Software Protection Device/password to Nesstar.

7. INSPECTION

7.1 Nesstar or any of its duly appointed agents shall have the right at any time to inspect the Licensee's premises to verify that its use of the Software is in accordance with the terms of this Licence.

8. COMPONENTS


8.1 The NSDstat Component
8.2 The Apache Component
8.3 The HttpClient & JBoss Component
8.4 The MySQL Component
8.5 The JRE Component

 

8.1 THE NSDstat COMPONENT

The NSDstat component from the Norwegian Social Science Data Services (NSD) is used in NESSTAR Server 3. For this component the following conditions apply:

Copyright Norwegian Social Science Data Services (NSD). All Rights Reserved.

Permission to use, copy, modify, and distribute this software and its documentation for educational, research, and not-for-profit purposes, without fee and without a signed licensing agreement, is herebygranted, provided that the above copyright notice, this paragraph and the following two paragraphs appear in all copies, modifications, and distributions. Contact The Norwegian Social Science Data Services (NSD) for commercial licensing opportunities.

Created by:
Norwegian Social Science Data Services
Hans Holmboes gt. 22 - N-5007 Bergen, Norway
Phone: +47 555 82 117 - Fax: +47 555 89 650
E-mail: nsd@nsd.uib.no

IN NO EVENT SHALL NORWEGIAN SOCIAL SCIENCE DATA SERVICES (NSD) BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THE USE OF THIS SOFTWARE AND ITS DOCUMENTATION, EVEN IF NORWEGIAN SOCIAL SCIENCE DATA SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

NORWEGIAN SOCIAL SCIENCE DATA SERVICES SPECIFICALLY DISCLAIMS ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE AND ACCOMPANYING DOCUMENTATION, IF ANY, PROVIDED HEREUNDER IS PROVIDED "AS IS". NORWEGIAN SOCIAL SCIENCE DATA SERVICES HAS NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.

DATAX is copyright (c) 1999 by Muze, Inc.

DATAX: Data Exchange in XML

DATAX is a new Java 1.2 based library, which greatly simplifies exchanging structured data records using XML written in any RDF-compliant format (it requires no built-in knowledge of specific document types). The current version of DATAX is 1.0 beta, and a stable 1.0 version is expected in Fall 1999. The development of DATAX was funded by Muze, Inc. It is Muze's intention to release DATAX as free, open-source software once the beta period is ended.

This is a beta release of the DATAX library, and is intended for evaluation and testing purposes only. By using the beta version of the DATAX library, you agree that any bug reports, comments, or suggestions you submit may be integrated into future releases of the library without additional consideration.

This library 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.

8.2 THE APACHE COMPONENT

This product includes software developed by the Apache Software Foundation (http://www.apache.org/). For this component the following conditions apply:

The Apache Software License, Version 1.1

Copyright (c) 2001 The Apache Software Foundation. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)." Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

4. The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

5. Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org/.

Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.

8.3 THE HTTPCLIENT & JBOSS COMPONENTS

This product includes software developed by the Free Software Foundation (http://www.gnu.org/). For these components the following conditions apply:

GNU LESSER GENERAL PUBLIC LICENSE

Version 2.1, February 1999 Copyright (C) 1991, 1999 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. [This is the first released version of the Lesser GPL. It also counts as the successor of the GNU Library Public License, version 2, hence the version number 2.1.]

The precise terms and conditions for copying, distribution and modification follow. Pay close attention to the difference between a "work based on the library" and a "work that uses the library". The former contains code derived from the library, whereas the latter must be combined with the library in order to run.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License Agreement applies to any software library or other program which contains a notice placed by the copyright holder or other authorized party saying it may be distributed under the terms of this Lesser General Public License (also called "this License"). Each licensee is addressed as "you".

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The "Library", below, refers to any such software library or work which has been distributed under these terms. A "work based on the Library" means either the Library or any derivative work under copyright law: that is to say, a work containing the Library or a portion of it, either verbatim or with modifications and/or translated straightforwardly into another language. (Hereinafter, translation is included without limitation in the term "modification".)

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Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running a program using the Library is not restricted, and output from such a program is covered only if its contents constitute a work based on the Library (independent of the use of the Library in a tool for writing it). Whether that is true depends on what the Library does and what the program that uses the Library does.

1. You may copy and distribute verbatim copies of the Library's complete 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 distribute a copy of this License along with the Library.

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.

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Once this change is made in a given copy, it is irreversible for that copy, so the ordinary GNU General Public License applies to all subsequent copies and derivative works made from that copy.

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It may happen that this requirement contradicts the license restrictions of other proprietary libraries that do not normally accompany the operating system. Such a contradiction means you cannot use both them and the Library together in an executable that you distribute.

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8. You may not copy, modify, sublicense, link with, or distribute the Library except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense, link with, or distribute the Library 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.

9. 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 Library or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Library (or any work based on the Library), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Library or works based on it.

10. Each time you redistribute the Library (or any work based on the Library), the recipient automatically receives a license from the original licensor to copy, distribute, link with or modify the Library 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 with this License.

11. 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 Library at all. For example, if a patent license would not permit royalty-free redistribution of the Library 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 Library.

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.

12. If the distribution and/or use of the Library is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Library 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.

13. The Free Software Foundation may publish revised and/or new versions of the Lesser 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 Library 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 Library does not specify a license version number, you may choose any version ever published by the Free Software Foundation.

14. If you wish to incorporate parts of the Library into other free programs whose distribution conditions are incompatible with these, 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

15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE LIBRARY "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 LIBRARY IS WITH YOU. SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

16. 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 LIBRARY 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 LIBRARY (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 LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

8.4 THE MYSQL COMPONENT

This product includes software developed by the Free Software Foundation (http://www.gnu.org/). For this component the following conditions apply:

GNU GENERAL PUBLIC LICENSE

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.

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:

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:

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 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.

8.5 THE JRE COMPONENT

Java(TM) 2 Runtime Environment, Standard Edition Version 1.4

This software and documentation is the confidential and proprietary information of Sun Microsystems, Inc. ("Confidential Information"). You shall not disclose such Confidential Information and shall use it only in accordance with the terms of the license agreement you entered into with Sun.

SUN MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SUN SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THIS SOFTWARE OR ITS DERIVATIVES.

Developed by Sun Microsystems, Inc.
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Copyright (c) 1998, 1999 Sun Microsystems, Inc.
All rights reserved.