~awstools-dev/ubuntu/quantal/ec2-api-tools/quantal

%% The following software may be included in this product: 
  xalan-j2-2.7.0.jar
  
Use of any of this software is governed by the terms of the license below:

   =========================================================================
   ==  NOTICE file corresponding to section 4(d) of the Apache License,   ==
   ==  Version 2.0, in this case for the Apache Xalan serializer          ==
   ==  distribution.                                                      ==
   =========================================================================

   This product includes software developed by IBM Corporation (http://www.ibm.com)
   and The Apache Software Foundation (http://www.apache.org/).

   Portions of this software was originally based on the following:
     - software copyright (c) 1999-2002, Lotus Development Corporation.,
       http://www.lotus.com.
     - software copyright (c) 2001-2002, Sun Microsystems.,
       http://www.sun.com.
     - software copyright (c) 2003, IBM Corporation., http://www.ibm.com.




%% The following software may be included in this product:
  commons-cli-1.1.jar
  commons-codec-1.3.jar 
  commons-discovery-0.2.jar
  commons-httpclient-3.0.jar
  commons-logging-1.0.4.jar
  jets3t-0.8.0.jar
  log4j.jar
  stax-api-1.0.1.jar
  wss4j-1.5.1.jar
  wstx-asl-3.2.0.jar
  xalan-j2-serializer.jar
  xmlsec-1.3.0.jar
  java-xmlbuilder-0.4-SNAPSHOT.jar

Use of any of this software is governed by the terms of the license below:

                                 Apache License
                           Version 2.0, January 2004
                        http://www.apache.org/licenses/

   TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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%% The following software may be included in this product: 
  xfire-all-1.2.6.jar
  xfire-jsr181-api-1.0-M1.jar
  
Use of any of this software is governed by the terms of the license below:

  Copyright (c) 2005 Envoi Solutions LLC

  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.




%% The following software may be included in this product: 
  jdom-1.0.jar
  
Use of any of this software is governed by the terms of the license below:

 Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.
 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 disclaimer that follows 
    these conditions in the documentation and/or other materials 
    provided with the distribution.

 3. The name "JDOM" must not be used to endorse or promote products
    derived from this software without prior written permission.  For
    written permission, please contact <request_AT_jdom_DOT_org>.
 
 4. Products derived from this software may not be called "JDOM", nor
    may "JDOM" appear in their name, without prior written permission
    from the JDOM Project Management <request_AT_jdom_DOT_org>.
 
 In addition, we request (but do not require) that you include in the 
 end-user documentation provided with the redistribution and/or in the 
 software itself an acknowledgement equivalent to the following:
     "This product includes software developed by the
      JDOM Project (http://www.jdom.org/)."
 Alternatively, the acknowledgment may be graphical using the logos 
 available at http://www.jdom.org/images/logos.

 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 JDOM AUTHORS OR THE PROJECT
 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 JDOM Project and was originally 
 created by Jason Hunter <jhunter_AT_jdom_DOT_org> and
 Brett McLaughlin <brett_AT_jdom_DOT_org>.  For more information
 on the JDOM Project, please see <http://www.jdom.org/>. 




%% The following software may be included in this product: 
  bcprov.jar
  
Use of any of this software is governed by the terms of the license below:
  
Copyright (c) 2000 - 2008 The Legion Of The Bouncy Castle 
(http://www.bouncycastle.org)

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. 




%% The following software may be included in this product:
  activation-1.1.jar 
  jaxb-api-2.0.jar
  jaxb-impl-2.0.1.jar
  jaxws-api-2.0.jar
  mail-1.4.jar

These are released under dual license consisting of the CDDL v1.0 and GPL v2 with "CLASSPATH" EXCEPTION.  

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0

1. Definitions.

1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.

1.2. "Contributor Version" means the combination of the
Original Software, prior Modifications used by a
Contributor (if any), and the Modifications made by that
particular Contributor.

1.3. "Covered Software" means (a) the Original Software, or
(b) Modifications, or (c) the combination of files
containing Original Software with files containing
Modifications, in each case including portions thereof.

1.4. "Executable" means the Covered Software in any form
other than Source Code.

1.5. "Initial Developer" means the individual or entity
that first makes Original Software available under this
License.

1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.

1.7. "License" means this document.

1.8. "Licensable" means having the right to grant, to the
maximum extent possible, whether at the time of the initial
grant or subsequently acquired, any and all of the rights
conveyed herein.

1.9. "Modifications" means the Source Code and Executable
form of any of the following:

A. Any file that results from an addition to,
deletion from or modification of the contents of a
file containing Original Software or previous
Modifications;

B. Any new file that contains any part of the
Original Software or previous Modification; or

C. Any new file that is contributed or otherwise made
available under the terms of this License.

1.10. "Original Software" means the Source Code and
Executable form of computer software code that is
originally released under this License.

1.11. "Patent Claims" means any patent claim(s), now owned
or hereafter acquired, including without limitation,
method, process, and apparatus claims, in any patent
Licensable by grantor.

1.12. "Source Code" means (a) the common form of computer
software code in which modifications are made and (b)
associated documentation included in or with such code.

1.13. "You" (or "Your") means an individual or a legal
entity exercising rights under, and complying with all of
the terms of, this License. For legal entities, "You"
includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this
definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership
of more than fifty percent (50%) of the outstanding shares
or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant.

Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the
Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:

(a) under intellectual property rights (other than
patent or trademark) Licensable by Initial Developer,
to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or
portions thereof), with or without Modifications,
and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making,
using or selling of Original Software, to make, have
made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or
portions thereof).

(c) The licenses granted in Sections 2.1(a) and (b)
are effective on the date Initial Developer first
distributes or otherwise makes the Original Software
available to a third party under the terms of this
License.

(d) Notwithstanding Section 2.1(b) above, no patent
license is granted: (1) for code that You delete from
the Original Software, or (2) for infringements
caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original
Software with other software or devices.

2.2. Contributor Grant.

Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:

(a) under intellectual property rights (other than
patent or trademark) Licensable by Contributor to
use, reproduce, modify, display, perform, sublicense
and distribute the Modifications created by such
Contributor (or portions thereof), either on an
unmodified basis, with other Modifications, as
Covered Software and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making,
using, or selling of Modifications made by that
Contributor either alone and/or in combination with
its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale,
have made, and/or otherwise dispose of: (1)
Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications
made by that Contributor with its Contributor Version
(or portions of such combination).

(c) The licenses granted in Sections 2.2(a) and
2.2(b) are effective on the date Contributor first
distributes or otherwise makes the Modifications
available to a third party.

(d) Notwithstanding Section 2.2(b) above, no patent
license is granted: (1) for any code that Contributor
has deleted from the Contributor Version; (2) for
infringements caused by: (i) third party
modifications of Contributor Version, or (ii) the
combination of Modifications made by that Contributor
with other software (except as part of the
Contributor Version) or other devices; or (3) under
Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

Any Covered Software that You distribute or otherwise make
available in Executable form must also be made available in
Source Code form and that Source Code form must be
distributed only under the terms of this License. You must
include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any
such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a
reasonable manner on or through a medium customarily used
for software exchange.

3.2. Modifications.

The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your
original creation(s) and/or You have sufficient rights to
grant the rights conveyed by this License.

3.3. Required Notices.

You must include a notice in each of Your Modifications
that identifies You as the Contributor of the Modification.
You may not remove or alter any copyright, patent or
trademark notices contained within the Covered Software, or
any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms.

You may not offer or impose any terms on any Covered
Software in Source Code form that alters or restricts the
applicable version of this License or the recipients'
rights hereunder. You may choose to offer, and to charge a
fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You
must make it absolutely clear that any such warranty,
support, indemnity or liability obligation is offered by
You alone, and You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of
warranty, support, indemnity or liability terms You offer.

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms
of a license of Your choice, which may contain terms
different from this License, provided that You are in
compliance with the terms of this License and that the
license for the Executable form does not attempt to limit
or alter the recipient's rights in the Source Code form
from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that
any terms which differ from this License are offered by You
alone, not by the Initial Developer or Contributor. You
hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial
Developer or such Contributor as a result of any such terms
You offer.

3.6. Larger Works.

You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License
and distribute the Larger Work as a single product. In such
a case, You must make sure the requirements of this License
are fulfilled for the Covered Software.

4. Versions of the License.

4.1. New Versions.

Sun Microsystems, Inc. is the initial license steward and
may publish revised and/or new versions of this License
from time to time. Each version will be given a
distinguishing version number. Except as provided in
Section 4.3, no one other than the license steward has the
right to modify this License.

4.2. Effect of New Versions.

You may always continue to use, distribute or otherwise
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. If the Initial Developer includes a
notice in the Original Software prohibiting it from being
distributed or otherwise made available under any
subsequent version of the License, You must distribute and
make the Covered Software available under the terms of the
version of the License under which You originally received
the Covered Software. Otherwise, You may also choose to
use, distribute or otherwise make the Covered Software
available under the terms of any subsequent version of the
License published by the license steward.

4.3. Modified Versions.

When You are an Initial Developer and You want to create a
new license for Your Original Software, You may create and
use a modified version of this License if You: (a) rename
the license and remove any references to the name of the
license steward (except to note that the license differs
from this License); and (b) otherwise make it clear that
the license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY.

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will
terminate automatically if You fail to comply with terms
herein and fail to cure such breach within 30 days of
becoming aware of the breach. Provisions which, by their
nature, must remain in effect beyond the termination of
this License shall survive.

6.2. If You assert a patent infringement claim (excluding
declaratory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against
whom You assert such claim is referred to as "Participant")
alleging that the Participant Software (meaning the
Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the
Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial
Developer (if the Initial Developer is not the Participant)
and all Contributors under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant
terminate prospectively and automatically at the expiration
of such 60 day notice period, unless if within such 60 day
period You withdraw Your claim with respect to the
Participant Software against such Participant either
unilaterally or pursuant to a written agreement with
Participant.

6.3. In the event of termination under Sections 6.1 or 6.2
above, all end user licenses that have been validly granted
by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor)
shall survive termination.

7. LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

The Covered Software is a "commercial item," as that term is
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
computer software" (as that term is defined at 48 C.F.R. ¤
252.227-7014(a)(1)) and "commercial computer software
documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users
acquire Covered Software with only those rights set forth herein.
This U.S. Government Rights clause is in lieu of, and supersedes,
any other FAR, DFAR, or other clause or provision that addresses
Government rights in computer software under this License.

9. MISCELLANEOUS.

This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the
extent necessary to make it enforceable. This License shall be
governed by the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation
relating to this License shall be subject to the jurisdiction of
the courts located in the jurisdiction and venue specified in a
notice contained within the Original Software, with the losing
party responsible for costs, including, without limitation, court
costs and reasonable attorneys' fees and expenses. The
application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or
regulation which provides that the language of a contract shall
be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the
United States export administration regulations (and the export
control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or
indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to
distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission
of liability.




%% The following software may be included in this product:
  wsdl4j-1.6.1.jar

Use of any of this software is governed by the terms of the license below:

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.
For example, if a third party patent license is required to allow Recipient to
distribute the Program, it is Recipient's responsibility to acquire that license
before distributing the Program.

    d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright license set
forth in this Agreement.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its
own license agreement, provided that:

    a) it complies with the terms and conditions of this Agreement; and

    b) its license agreement:

    i) effectively disclaims on behalf of all Contributors all warranties and
conditions, express and implied, including warranties or conditions of title and
non-infringement, and implied warranties or conditions of merchantability and
fitness for a particular purpose;

    ii) effectively excludes on behalf of all Contributors all liability for
damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;

    iii) states that any provisions which differ from this Agreement are offered
by that Contributor alone and not by any other party; and

    iv) states that source code for the Program is available from such
Contributor, and informs licensees how to obtain it in a reasonable manner on or
through a medium customarily used for software exchange. 

When the Program is made available in source code form:

    a) it must be made available under this Agreement; and

    b) a copy of this Agreement must be included with each copy of the Program. 

Contributors may not remove or alter any copyright notices contained within the
Program.

Each Contributor must identify itself as the originator of its Contribution, if
any, in a manner that reasonably allows subsequent Recipients to identify the
originator of the Contribution.

4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with
respect to end users, business partners and the like. While this license is
intended to facilitate the commercial use of the Program, the Contributor who
includes the Program in a commercial product offering should do so in a manner
which does not create potential liability for other Contributors. Therefore, if
a Contributor includes the Program in a commercial product offering, such
Contributor ("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against any losses, damages
and costs (collectively "Losses") arising from claims, lawsuits and other legal
actions brought by a third party against the Indemnified Contributor to the
extent caused by the acts or omissions of such Commercial Contributor in
connection with its distribution of the Program in a commercial product
offering. The obligations in this section do not apply to any claims or Losses
relating to any actual or alleged intellectual property infringement. In order
to qualify, an Indemnified Contributor must: a) promptly notify the Commercial
Contributor in writing of such claim, and b) allow the Commercial Contributor to
control, and cooperate with the Commercial Contributor in, the defense and any
related settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product
offering, Product X. That Contributor is then a Commercial Contributor. If that
Commercial Contributor then makes performance claims, or offers warranties
related to Product X, those performance claims and warranties are such
Commercial Contributor's responsibility alone. Under this section, the
Commercial Contributor would have to defend claims against the other
Contributors related to those performance claims and warranties, and if a court
requires any other Contributor to pay any damages as a result, the Commercial
Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each
Recipient is solely responsible for determining the appropriateness of using and
distributing the Program and assumes all risks associated with its exercise of
rights under this Agreement, including but not limited to the risks and costs of
program errors, compliance with applicable laws, damage to or loss of data,
programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY
CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST
PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS
GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable
law, it shall not affect the validity or enforceability of the remainder of the
terms of this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to
a patent applicable to software (including a cross-claim or counterclaim in a
lawsuit), then any patent licenses granted by that Contributor to such Recipient
under this Agreement shall terminate as of the date such litigation is filed. In
addition, if Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the Program
itself (excluding combinations of the Program with other software or hardware)
infringes such Recipient's patent(s), then such Recipient's rights granted under
Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to
comply with any of the material terms or conditions of this Agreement and does
not cure such failure in a reasonable period of time after becoming aware of
such noncompliance. If all Recipient's rights under this Agreement terminate,
Recipient agrees to cease use and distribution of the Program as soon as
reasonably practicable. However, Recipient's obligations under this Agreement
and any licenses granted by Recipient relating to the Program shall continue and
survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in
order to avoid inconsistency the Agreement is copyrighted and may only be
modified in the following manner. The Agreement Steward reserves the right to
publish new versions (including revisions) of this Agreement from time to time.
No one other than the Agreement Steward has the right to modify this Agreement.
IBM is the initial Agreement Steward. IBM may assign the responsibility to serve
as the Agreement Steward to a suitable separate entity. Each new version of the
Agreement will be given a distinguishing version number. The Program (including
Contributions) may always be distributed subject to the version of the Agreement
under which it was received. In addition, after a new version of the Agreement
is published, Contributor may elect to distribute the Program (including its
Contributions) under the new version. Except as expressly stated in Sections
2(a) and 2(b) above, Recipient receives no rights or licenses to the
intellectual property of any Contributor under this Agreement, whether
expressly, by implication, estoppel or otherwise. All rights in the Program not
expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the
intellectual property laws of the United States of America. No party to this
Agreement will bring a legal action under this Agreement more than one year
after the cause of action arose. Each party waives its rights to a jury trial in
any resulting litigation.