All rights reserved.

Copyright XXXX. Los Alamos National Security, LLC. This software was produced under U.S. Government contract DE-AC52-06NA25396 for Los Alamos National Laboratory (LANL), which is operated by Los Alamos National Security, LLC for the U.S. Department of Energy. The U.S. Government has rights to use, reproduce, and distribute this software. NEITHER THE GOVERNMENT NOR LOS ALAMOS NATIONAL SECURITY, LLC MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LIABILITY FOR THE USE OF THIS SOFTWARE. If software is modified to produce derivative works, such modified software should be clearly marked, so as not to confuse it with the version available from LANL.

Additionally, 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. Neither the name of Los Alamos National Security, LLC, Los Alamos National Laboratory, LANL, the U.S. Government, nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY LOS ALAMOS NATIONAL SECURITY, LLC AND CONTRIBUTORS “AS IS” AND ANY EXPRESS 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 LOS ALAMOS NATIONAL SECURITY, LLC OR 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.

Everyone is allowed to distribute verbatim copies of this license
document, but modification of it is not allowed.

PREAMBLE

The LaTeX Project Public License (LPPL) is the primary license under
which the LaTeX kernel and the base LaTeX packages are
distributed.

You may use this license for any work of which you hold the copyright
and which you wish to distribute. This license may be particularly
suitable if your work is TeX-related (such as a LaTeX package), but
it is written in such a way that you can use it even if your work is
unrelated to TeX.

The section `WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS LICENSE’,
below, gives instructions, examples, and recommendations for authors
who are considering distributing their works under this license.

This license gives conditions under which a work may be distributed
and modified, as well as conditions under which modified versions of
that work may be distributed.

We, the LaTeX3 Project, believe that the conditions below give you the
freedom to make and distribute modified versions of your work that
conform with whatever technical specifications you wish while
maintaining the availability, integrity, and reliability of that
work. If you do not see how to achieve your goal while meeting these
conditions, then read the document `cfgguide.tex’ and `modguide.tex’
in the base LaTeX distribution for suggestions.

DEFINITIONS

In this license document the following terms are used:

`Work’

Any work being distributed under this License.

`Derived Work’

Any work that under any applicable law is derived from the
Work.

`Modification’

Any procedure that produces a Derived Work under any applicable
law — for example, the production of a file containing an
original file associated with the Work or a significant portion of
such a file, either verbatim or with modifications and/or translated
into another language.

`Modify’

To apply any procedure that produces a Derived Work under any
applicable law.

`Distribution’

Making copies of the Work available from one person to another, in
whole or in part. Distribution includes (but is not limited to)
making any electronic components of the Work accessible by file
transfer protocols such as FTP or HTTP or by shared file systems
such as Sun’s Network File System (NFS).

`Compiled Work’

A version of the Work that has been processed into a form where it
is directly usable on a computer system. This processing may include
using installation facilities provided by the Work, transformations
of the Work, copying of components of the Work, or other
activities. Note that modification of any installation facilities
provided by the Work constitutes modification of the Work.

`Current Maintainer’

A person or persons nominated as such within the Work. If there is
no such explicit nomination then it is the `Copyright Holder’ under
any applicable law.

`Base Interpreter’

A program or process that is normally needed for running or
interpreting a part or the whole of the Work.A Base Interpreter may
depend on external components but these are not considered part of
the Base Interpreter provided that each external component clearly
identifies itself whenever it is used interactively. Unless
explicitly specified when applying the license to the Work, the only
applicable Base Interpreter is a
`LaTeX-Format’ or in the case of files belonging to the
`LaTeX-format’ a program implementing the `TeX language’.

CONDITIONS ON DISTRIBUTION AND MODIFICATION

1. Activities other than distribution and/or modification of the Work
   are not covered by this license; they are outside its scope. In
   particular, the act of running the Work is not restricted and no
   requirements are made concerning any offers of support for the
   Work.
2. You may distribute a complete, unmodified copy of the Work as you
   received it. Distribution of only part of the Work is considered
   modification of the Work, and no right to distribute such a Derived
   Work may be assumed under the terms of this clause.
3. You may distribute a Compiled Work that has been generated from a
   complete, unmodified copy of the Work as distributed under Clause 2
   above, as long as that Compiled Work is distributed in such a way
   that the recipients may install the Compiled Work on their system
   exactly as it would have been installed if they generated a Compiled
   Work directly from the Work.
4. If you are the Current Maintainer of the Work, you may, without
   restriction, modify the Work, thus creating a Derived Work. You may
   also distribute the Derived Work without restriction, including
   Compiled Works generated from the Derived Work. Derived Works
   distributed in this manner by the Current Maintainer are considered
   to be updated versions of the Work.
5. If you are not the Current Maintainer of the Work, you may modify
   your copy of the Work, thus creating a Derived Work based on the
   Work, and compile this Derived Work, thus creating a Compiled Work
   based on the Derived Work.
6. If you are not the Current Maintainer of the Work, you may
   distribute a Derived Work provided the following conditions are met
   for every component of the Work unless that component clearly states
   in the copyright notice that it is exempt from that condition. Only
   the Current Maintainer is allowed to add such statements of
   exemption to a component of the Work.
   1. If a component of this Derived Work can be a direct replacement
      for a component of the Work when that component is used with the
      Base Interpreter, then, wherever this component of the Work
      identifies itself to the user when used interactively with that
      Base Interpreter, the replacement component of this Derived Work
      clearly and unambiguously identifies itself as a modified version
      of this component to the user when used interactively with that
      Base Interpreter.
   2. Every component of the Derived Work contains prominent notices
      detailing the nature of the changes to that component, or a
      prominent reference to another file that is distributed as part of
      the Derived Work and that contains a complete and accurate log of
      the changes.
   3. No information in the Derived Work implies that any persons,
      including (but not limited to) the authors of the original version
      of the Work, provide any support, including (but not limited to)
      the reporting and handling of errors, to recipients of the Derived
      Work unless those persons have stated explicitly that they do
      provide such support for the Derived Work.
   4. You distribute at least one of the following with the Derived Work:
      1. A complete, unmodified copy of the Work; if your distribution
         of a modified component is made by offering access to copy the
         modified component from a designated place, then offering
         equivalent access to copy the Work from the same or some similar
         place meets this condition, even though third parties are not
         compelled to copy the Work along with the modified
         component;
      2. Information that is sufficient to obtain a complete,
         unmodified copy of the Work.
7. If you are not the Current Maintainer of the Work, you may
   distribute a Compiled Work generated from a Derived Work, as long as
   the Derived Work is distributed to all recipients of the Compiled
   Work, and as long as the conditions of Clause 6, above, are met
   with regard to the Derived Work.
8. The conditions above are not intended to prohibit, and hence do
   not apply to, the modification, by any method, of any component so
   that it becomes identical to an updated version of that component of
   the Work as it is distributed by the Current Maintainer under
   Clause 4, above.
9. Distribution of the Work or any Derived Work in an alternative
   format, where the Work or that Derived Work (in whole or in part) is
   then produced by applying some process to that format, does not
   relax or nullify any sections of this license as they pertain to the
   results of applying that process.
10. 1. A Derived Work may be distributed under a different license
       provided that license itself honors the conditions listed in
       Clause 6 above, in regard to the Work, though it does not
       have to honor the rest of the conditions in this license.
    2. If a Derived Work is distributed under a different license, that
       Derived Work must provide sufficient documentation as part of
       itself to allow each recipient of that Derived Work to honor the
       restrictions in Clause 6 above, concerning changes from the
       Work.
11. This license places no restrictions on works that are unrelated to
    the Work, nor does this license place any restrictions on
    aggregating such works with the Work by any means.
12. Nothing in this license is intended to, or may be used to, prevent
    complete compliance by all parties with all applicable laws.

NO WARRANTY

There is no warranty for the Work. Except when otherwise stated in
writing, the Copyright Holder provides the Work `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 Work is with you. Should the Work prove defective,
you assume the cost of all necessary servicing, repair, or correction.

In no event unless required by applicable law or agreed to in writing
will The Copyright Holder, or
any author named in the components of the Work, or any other party who
may distribute and/or modify the Work as permitted above, be liable to
you for damages, including any general, special, incidental or
consequential damages arising out of any use of the Work or out of
inability to use the Work (including, but not limited to, loss of
data, data being rendered inaccurate, or losses sustained by anyone as
a result of any failure of the Work to operate with any other
programs), even if the Copyright Holder or said author or said other
party has been advised of the possibility of such damages.

MAINTENANCE OF THE WORK

The Work has the status `author-maintained’ if the Copyright Holder
explicitly and prominently states near the primary copyright notice in
the Work that the Work can only be maintained by the Copyright Holder
or simply that it is `author-maintained’.

The Work has the status `maintained’ if there is a Current Maintainer
who has indicated in the Work that they are willing to receive error
reports for the Work (for example, by supplying a valid e-mail
address). It is not required for the Current Maintainer to acknowledge
or act upon these error reports.

The Work changes from status `maintained’ to `unmaintained’ if there
is no Current Maintainer, or the person stated to be Current
Maintainer of the work cannot be reached through the indicated means
of communication for a period of six months, and there are no other
significant signs of active maintenance.

You can become the Current Maintainer of the Work by agreement with
any existing Current Maintainer to take over this role.

If the Work is unmaintained, you can become the Current Maintainer of
the Work through the following steps:

1. Make a reasonable attempt to trace the Current Maintainer (and the
   Copyright Holder, if the two differ) through the means of an
   Internet or similar search.
2. If this search is successful, then enquire whether the Work is
   still maintained.
   1. If it is being maintained, then ask the Current Maintainer to
      update their communication data within one month.
   2. If the search is unsuccessful or no action to resume active
      maintenance is taken by the Current Maintainer, then announce
      within the pertinent community your intention to take over
      maintenance. (If the Work is a LaTeX work, this could be done, for
      example, by posting to comp.text.tex.)
3. 1. If the Current Maintainer is reachable and agrees to pass
      maintenance of the Work to you, then this takes effect immediately
      upon announcement.
   2. If the Current Maintainer is not reachable and the Copyright
      Holder agrees that maintenance of the Work be passed to you, then
      this takes effect immediately upon announcement.
4. If you make an `intention announcement’ as described in 2b. above
   and after three months your intention is challenged neither by the
   Current Maintainer nor by the Copyright Holder nor by other people,
   then you may arrange for the Work to be changed so as to name you as
   the (new) Current Maintainer.
5. If the previously unreachable Current Maintainer becomes reachable
   once more within three months of a change completed under the terms
   of 3b) or 4), then that Current Maintainer must become or remain the
   Current Maintainer upon request provided they then update their
   communication data within one month.

A change in the Current Maintainer does not, of itself, alter the fact
that the Work is distributed under the LPPL license.

If you become the Current Maintainer of the Work, you should
immediately provide, within the Work, a prominent and unambiguous
statement of your status as Current Maintainer. You should also
announce your new status to the same pertinent community as in 2b)
above.

WHETHER AND HOW TO DISTRIBUTE WORKS UNDER THIS
LICENSE

This section contains important instructions, examples, and
recommendations for authors who are considering distributing their
works under this license. These authors are addressed as `you’ in this
section.

Choosing This License or Another License

If for any part of your work you want or need to use *distribution*
conditions that differ significantly from those in this license, then
do not refer to this license anywhere in your work but, instead,
distribute your work under a different license. You may use the text
of this license as a model for your own license, but your license
should not refer to the LPPL or otherwise give the impression that
your work is distributed under the LPPL.

The document `modguide.tex’ in the base LaTeX distribution explains
the motivation behind the conditions of this license. It explains, for
example, why distributing LaTeX under the GNU General Public License
(GPL) was considered inappropriate. Even if your work is unrelated to
LaTeX, the discussion in `modguide.tex’ may still be relevant, and
authors intending to distribute their works under any license are
encouraged to read it.

A Recommendation on Modification Without Distribution

It is wise never to modify a component of the Work, even for your own
personal use, without also meeting the above conditions for
distributing the modified component. While you might intend that such
modifications will never be distributed, often this will happen by
accident — you may forget that you have modified that component;
or it may not occur to you when allowing others to access the modified
version that you are thus distributing it and violating the conditions
of this license in ways that could have legal implications and, worse,
cause problems for the community. It is therefore usually in your best
interest to keep your copy of the Work identical with the public
one. Many works provide ways to control the behavior of that work
without altering any of its licensed components.

How to Use This License

To use this license, place in each of the components of your work both
an explicit copyright notice including your name and the year the work
was authored and/or last substantially modified. Include also a
statement that the distribution and/or modification of that component
is constrained by the conditions in this license.

Here is an example of such a notice and statement:

  %% pig.dtx
  %% Copyright 2005 M. Y. Name
  %
  % This work may be distributed and/or modified under the
  % conditions of the LaTeX Project Public License, either version 1.3
  % of this license or (at your option) any later version.
  % The latest version of this license is in
  %   http://www.latex-project.org/lppl.txt
  % and version 1.3 or later is part of all distributions of LaTeX
  % version 2005/12/01 or later.
  %
  % This work has the LPPL maintenance status `maintained'.
  % 
  % The Current Maintainer of this work is M. Y. Name.
  %
  % This work consists of the files pig.dtx and pig.ins
  % and the derived file pig.sty.

Given such a notice and statement in a file, the conditions given in
this license document would apply, with the `Work’ referring to the
three files `pig.dtx’, `pig.ins’, and `pig.sty’ (the last being
generated from `pig.dtx’ using `pig.ins’), the `Base Interpreter’
referring to any `LaTeX-Format’, and both `Copyright Holder’ and
`Current Maintainer’ referring to the person `M. Y. Name’.

If you do not want the Maintenance section of LPPL to apply to your
Work, change `maintained’ above into `author-maintained’. However, we
recommend that you use `maintained’, as the Maintenance section was
added in order to ensure that your Work remains useful to the
community even when you can no longer maintain and support it
yourself.

Derived Works That Are Not Replacements

Several clauses of the LPPL specify means to provide reliability and
stability for the user community. They therefore concern themselves
with the case that a Derived Work is intended to be used as a
(compatible or incompatible) replacement of the original Work. If
this is not the case (e.g., if a few lines of code are reused for a
completely different task), then clauses 6b and 6d shall not apply.

Important Recommendations

Defining What Constitutes the Work

The LPPL requires that distributions of the Work contain all the files
of the Work. It is therefore important that you provide a way for the
licensee to determine which files constitute the Work. This could, for
example, be achieved by explicitly listing all the files of the Work
near the copyright notice of each file or by using a line such as:

    % This work consists of all files listed in manifest.txt.

in that place. In the absence of an unequivocal list it might be
impossible for the licensee to determine what is considered by you to
comprise the Work and, in such a case, the licensee would be entitled
to make reasonable conjectures as to which files comprise the Work.

This edition of the Multics software materials and documentation is provided and donated to Massachusetts Institute of Technology by Group BULL including BULL HN Information Systems Inc. as a contribution to computer science knowledge. This donation is made also to give evidence of the common contributions of Massachusetts Institute of Technology, Bell Laboratories, General Electric, Honeywell Information Systems Inc., Honeywell BULL Inc., Groupe BULL and BULL HN Information Systems Inc. to the development of this operating system. Multics development was initiated by Massachusetts Institute of Technology Project MAC (1963-1970), renamed the MIT Laboratory for Computer Science and Artificial Intelligence in the mid 1970s, under the leadership of Professor Fernando Jose Corbato. Users consider that Multics provided the best software architecture for managing computer hardware properly and for executing programs. Many subsequent operating systems incorporated Multics principles. Multics was distributed in 1975 to 2000 by Group Bull in Europe , and in the U.S. by Bull HN Information Systems Inc., as successor in interest by change in name only to Honeywell Bull Inc. and Honeywell Information Systems Inc. .

———————————————————–

Permission to use, copy, modify, and distribute these programs and their documentation for any purpose and without fee is hereby granted,provided that the below copyright notice and historical background appear in all copies and that both the copyright notice and historical background and this permission notice appear in supporting documentation, and that the names of MIT, HIS, BULL or BULL HN not be used in advertising or publicity pertaining to distribution of the programs without specific prior written permission.

Copyright 1972 by Massachusetts Institute of Technology and Honeywell Information Systems Inc. Copyright 2006 by BULL HN Information Systems Inc. Copyright 2006 by Bull SAS All Rights Reserved

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

• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• 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.
• Redistributions in any form must be accompanied by information on how to obtain complete source code for the DB software and any accompanying software that uses the DB software. The source code must either be included in the distribution or be available for no more than the cost of distribution plus a nominal fee, and must be freely redistributable under reasonable conditions. For an executable file, complete source code means the source code for all modules it contains. It does not include source code for modules or files that typically accompany the major components of the operating system on which the executable file runs.

THIS SOFTWARE IS PROVIDED BY SLEEPYCAT SOFTWARE “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL SLEEPYCAT SOFTWARE 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.

Copyright (c) 1990, 1993, 1994, 1995 The Regents of the University of California. All rights reserved.

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

• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• 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.
• Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS “AS IS” AND ANY EXPRESS 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 REGENTS OR 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.

Copyright (c) 1995, 1996 The President and Fellows of Harvard University. All rights reserved.

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

• Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
• 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.
• Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY HARVARD AND ITS CONTRIBUTORS “AS IS” AND ANY EXPRESS 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 HARVARD 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.

By downloading or using this software, you are agreeing to be bound by the terms of this License. If you do not or cannot agree to the terms of this License, please do not download or use the software.

1. General; Definitions. This License applies to any program or other work which Apple Computer, Inc. (“Apple”) makes publicly available and which contains a notice placed by Apple identifying such program or work as “Original Code” and stating that it is subject to the terms of this Apple Public Source License version 2.0 (“License”). As used in this License:

1.1 “Applicable Patent Rights” mean:

(a) in the case where Apple is the grantor of rights,

(i) claims of patents that are now or hereafter acquired, owned by or assigned to Apple and

(ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and

(b) in the case where You are the grantor of rights,

(i) claims of patents that are now or hereafter acquired, owned by or assigned to You and

(ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.

1.2 “Contributor” means any person or entity that creates or contributes to the creation of Modifications.

1.3 “Covered Code” means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

1.4 “Externally Deploy” means:

(a) to sublicense, distribute or otherwise make Covered Code available, directly or indirectly, to anyone other than You; and/or

(b) to use Covered Code, alone or as part of a Larger Work, in any way to provide a service, including but not limited to delivery of content, through electronic communication with a client other than You.

1.5 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.6 “Modifications” mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is:

(a) any addition to or deletion from the contents of a file containing Covered Code; and/or

(b) any new file or other representation of computer program statements that contains any part of Covered Code.

1.7 “Original Code” means

(a) the Source Code of a program or other work as originally made available by Apple under this License, including the Source Code of any updates or upgrades to such programs or works made available by Apple under this License, and that has been expressly identified by Apple as such in the header file(s) of such work; and

(b) the object code compiled from such Source Code and originally made available by Apple under this License.

1.8 “Source Code” means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).

1.9 “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions. Subject to the terms and conditions of this License, Apple hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Apple’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 Unmodified Code. You may use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy verbatim, unmodified copies of the Original Code, for commercial or non-commercial purposes, provided that in each instance:

(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Apple as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and

(b) You must include a copy of this License with every copy of Source Code of Covered Code and documentation You distribute or Externally Deploy, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights hereunder, except as permitted under Section 6.

2.2 Modified Code. You may modify Covered Code and use, reproduce, display, perform, internally distribute within Your organization, and Externally Deploy Your Modifications and Covered Code, for commercial or non-commercial purposes, provided that in each instance You also meet all of these conditions:

(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;

(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change; and

(c) If You Externally Deploy Your Modifications, You must make Source Code of all Your Externally Deployed Modifications either available to those to whom You have Externally Deployed Your Modifications, or publicly available. Source Code of Your Externally Deployed Modifications must be released under the terms set forth in this License, including the license grants set forth in Section 3 below, for as long as you Externally Deploy the Covered Code or twelve (12) months from the date of initial External Deployment, whichever is longer. You should preferably distribute the Source Code of Your Externally Deployed Modifications electronically (e.g. download from a web site).

2.3 Distribution of Executable Versions. In addition, if You Externally Deploy Covered Code (Original Code and/or Modifications) in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code.

2.4 Third Party Rights. You expressly acknowledge and agree that although Apple and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Apple or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Apple and each Contributor disclaim any liability to You 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, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.

3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to any person or entity receiving or distributing Covered Code under this License a non-exclusive, royalty-free, perpetual, irrevocable license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, sublicense, distribute and Externally Deploy Your Modifications of the same scope and extent as Apple’s licenses under Sections 2.1 and 2.2 above.

4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Apple herein. Modifications and/or Larger Works may require additional patent licenses from Apple which Apple may grant in its sole discretion.

6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with the scope of the license granted herein (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Apple or any Contributor. You must obtain the recipient’s agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Apple and every Contributor harmless for any liability incurred by or claims asserted against Apple or such Contributor by reason of any such Additional Terms.

7. Versions of the License. Apple may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Apple. No one other than Apple has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND APPLE AND APPLE’S LICENSOR(S) (COLLECTIVELY REFERRED TO AS “APPLE” FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. APPLE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLE, AN APPLE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLE OR ANY CONTRIBUTOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF APPLE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Apple’s total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of fifty dollars ($50.00).

10. Trademarks. This License does not grant any rights to use the trademarks or trade names “Apple”, “Apple Computer”, “Mac”, “Mac OS”, “QuickTime”, “QuickTime Streaming Server” or any other trademarks, service marks, logos or trade names belonging to Apple (collectively “Apple Marks”) or to any trademark, service mark, logo or trade name belonging to any Contributor. You agree not to use any Apple Marks in or as part of the name of products derived from the Original Code or to endorse or promote products derived from the Original Code other than as expressly permitted by and in strict compliance at all times with Apple’s third party trademark usage guidelines which are posted at http://www.apple.com/legal/guidelinesfor3rdparties.html.

11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Apple retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Apple (“Apple Modifications”), and such Apple Modifications will not be automatically subject to this License. Apple may, at its sole discretion, choose to license such Apple Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate: (a) automatically without notice from Apple if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach; (b) immediately in the event of the circumstances described in Section 13.5(b); or (c) automatically without notice from Apple if You, at any time during the term of this License, commence an action for patent infringement against Apple; provided that Apple did not first commence an action for patent infringement against You in that instance.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code. All sublicenses to the Covered Code which have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.

13. Miscellaneous.

13.1 Government End Users. The Covered Code is a “commercial item” as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data — Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among You, Apple or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.3 Independent Development. Nothing in this License will impair Apple’s right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.4 Waiver; Construction. Failure by Apple or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.

13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Apple relating to this License shall take place in the Northern District of California, and You and Apple hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law. Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exige que le present contrat et tous les documents connexes soient rediges en anglais.

EXHIBIT A. “Portions Copyright (c) 1999-2003 Apple Computer, Inc. All Rights Reserved. This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Apple Public Source License Version 2.0 (the ‘License’). You may not use this file except in compliance with the License. Please obtain a copy of the License at http://www.opensource.apple.com/apsl/ and read it before using this file.

The Original Code and all software distributed under the License are distributed on an ‘AS IS’ basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND APPLE HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License.”

1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a third party.

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

1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof and corresponding documentation released with the source code.

1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software development community for the electronic transfer of data.

1.5. "Executable" means Covered Code in any form other than Source Code.

1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

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

1.8. "License" means this document.

1.8.1. "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 any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:

A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

B. Any new file that contains any part of the Original Code or previous Modifications.

1.10. "Original Code"../ means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

1.10.1. "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.

1.11. "Source Code"../ means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated documentation, interface definition files, scripts used to control compilation and installation of an Executable, or source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. 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. Source Code License.

2.1 The Initial Developer Grant.

The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:(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 Code (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 Code, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Code (or portions thereof).(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial Developer first distributes Original Code 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 Code; 2) separate from the Original Code; or 3) for infringements caused by: i) the modification of the Original Code or ii) the combination of the Original Code with other software or devices.

2.2. Contributor Grant.

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 Code 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 makes Commercial Use of the Covered Code.

(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) separate from the Contributor Version; 3) 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 4) under Patent Claims infringed by Covered Code in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Application of License.

The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

3.2. Availability of Source Code.

Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for ensuring that the Source Code version remains available even if the Electronic Distribution Mechanism is maintained by a third party.

3.3. Description of Modifications.

3.4. Intellectual Property Matters.

(a) Third Party Claims. If Contributor has knowledge that a license under a third party's intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution titled "../LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains such knowledge after the Modification is made available as described in Section 3.2, Contributor shall promptly modify the LEGAL file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

(b) Contributor APIs.If Contributor's Modifications include an application programming interface ("API"../) and Contributor has knowledge of patent licenses which are reasonably necessary to implement that API, Contributor must also include this information in the LEGAL file.(c) Representations.Contributor represents that, except as disclosed pursuant to Section 3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this License.3.5. Required Notices.You must duplicate the notice in Exhibit A in each file of the Source Code. If it is not possible to put such notice in a particular Source Code file due to its structure, then You must include such notice in a location (such as a relevant directory) where a user would be likely to look for such a notice. If You created one or more Modification(s) You may add your name as a Contributor to the notice described in Exhibit A. You must also duplicate this License in any documentation for the Source Code where You describe recipients' rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. 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 than 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.3.6. Distribution of Executable Versions.You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code or ownership rights under 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 version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version 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 any 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.3.7. Larger Works.You may create a Larger Work by combining Covered Code 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 Code.

4. Inability to Comply Due to Statute or Regulation.

If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute, judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.

This License applies to code to which the Initial Developer has attached the notice in Exhibit A and to related Covered Code.

6. Versions of the License.

6.1. New Versions.
Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number. 6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Sun. No one other than Sun has the right to modify the terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), You must: (a) rename Your license so that the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly similar phrase do not appear in your license (except to note that your license differs from this License) and (b) otherwise make it clear that Your version of the license contains terms which differ from the Sun Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.

COVERED CODE 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 CODE 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 CODE IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. TERMINATION.

8.1. 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. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You file such action is referred to as "Participant") alleging that:

(a) such Participant's Contributor Version directly or indirectly infringes any patent, then any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively, unless if within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a mutually agreeable reasonable royalty for Your past and future use of Modifications made by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor Version against such Participant. If within 60 days of notice, a reasonable royalty and payment arrangement are not mutually agreed upon in writing by the parties or the litigation claim is not withdrawn, the rights granted by Participant to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period specified above.(b) any software, hardware, or device, other than such Participant's Contributor Version, directly or indirectly infringes any patent, then any rights granted to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made, used, sold, distributed, or had made, Modifications made by that Participant.

8.3. If You assert a patent infringement claim against Participant alleging that such Participant's Contributor Version directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or any distributor hereunder prior to termination shall survive termination.

9. 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 CODE, 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 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.

10. U.S. GOVERNMENT END USERS.

The Covered Code is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 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 Code with only those rights set forth herein.

11. 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 California law provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in the United States of America, any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in Santa Clara County, California, 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.

12. 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.

13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial Developer permits you to utilize portions of the Covered Code under Your choice of the alternative licenses, if any, specified by the Initial Developer in the file described in Exhibit A.

Exhibit A -Sun Public License Notice.

The contents of this file are subject to the Sun Public License
Version 1.0 (the License); you may not use this file except in
compliance with the License. A copy of the License is available at
http://www.sun.com/The Original Code is _________________. The Initial Developer of the
Original Code is ___________. Portions created by ______ are Copyright
(C)_________. All Rights Reserved.Contributor(s): ______________________________________.Alternatively, the contents of this file may be used under the terms
of the _____ license (the ?[___] License?), in which case the
provisions of [______] License are applicable instead of those above.
If you wish to allow use of your version of this file only under the
terms of the [____] License and not to allow others to use your
version of this file under the SPL, indicate your decision by deleting
the provisions above and replace them with the notice and other
provisions required by the [___] License. If you do not delete the
provisions above, a recipient may use your version of this file under
either the SPL or the [___] License.[NOTE: The text of this Exhibit A may differ slightly from the text of
the notices in the Source Code files of the Original Code. You should
use the text of this Exhibit A rather than the text found in the
Original Code Source Code for Your Modifications.]

PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY. THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMPUTER ASSOCIATES TRUSTED OPEN SOURCE LICENSE (“LICENSE”). ANY USE, REPRODUCTION, MODIFICATION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES THE RECIPIENT’S ACCEPTANCE OF THIS LICENSE.

This License is intended to permit contributors and recipients of the Program to use the Program, including its source code, freely and without many of the concerns of some other open source licenses. Although we expect the underlying Program, and Contributions (as defined below) made to such Program, to remain open, this License is designed to permit you to maintain your own software programs free of this License unless you choose to do so. Thus, only your Contributions to the Program must be distributed under the terms of this License.

The provisions that follow set forth the terms and conditions under which you may use the Program.

1. DEFINITIONS

1.1 Contribution means (a) in the case of CA, the Original Program; and (b) in the case of each Contributor (including CA), changes and additions to the Program, where such changes and/or additions to the Program originate from and are distributed by that particular Contributor to unaffiliated third parties. A Contribution originates from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributors behalf. Contributions do not include additions to the Program which: (x) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (y) are not derivative works of the Program.

1.2 Contributor means CA and any other person or entity that distributes the Program.

1.3 Contributor Version means as to a Contributor, that version of the Program that includes the Contributors Contribution but not any Contributions made to the Program thereafter.

1.4 Larger Work means a work that combines the Program or portions thereof with code not governed by the terms of this License.

1.5 Licensed Patents mean patents licensable by a Contributor that are infringed by the use or sale of its Contribution alone or when combined with the Program.

1.6 Original Program means the original version of the software to which this License is attached and as released by CA, including source code, object code and documentation, if any.

1.7 Program means the Original Program and Contributions.

1.8 Recipient means anyone who modifies, copies, uses or distributes the Program.

2. GRANT OF RIGHTS

2.1 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free 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. For the avoidance of doubt, the license provided in this Section 2.1 shall not include a license to any Licensed Patents of a Contributor.

2.2 Subject to the terms of this License, each Contributor hereby grants Recipient an irrevocable, non-exclusive, worldwide, royalty-free license to the Licensed Patents to the extent necessary to make, use, sell, offer to sell and import the Contribution of such Contributor, if any, in source code and object code form. The license granted in this Section 2.2 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 the Licensed Patents to be infringed by such combination. Notwithstanding the foregoing, no license is granted under this Section 2.2: (a) for any code or works that do not include the Contributor Version, as it exists and is used in accordance with the terms hereof; (b) for infringements caused by: (i) third party modifications of the Contributor Version; or (ii) the combination of Contributions made by each such Contributor with other software (except as part of the Contributor Version) or other devices; or (c) with respect to Licensed Patents infringed by the Program in the absence of Contributions made by that Contributor.

2.3 Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, except as provided in Section 2.4, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other person or entity. Each Contributor disclaims any liability to Recipient for claims brought by any other person or 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.

2.4 Each Contributor represents and warrants that it has all right, title and interest in the copyrights in its Contributions, and has the right to grant the copyright licenses set forth in this License.

3. DISTRIBUTION REQUIREMENTS

3.1 If the Program is distributed in object code form, then a prominent notice must be included in the code itself as well as in any related documentation, stating that the source code for the Program is available from the Contributor with information on how and where to obtain the source code. A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

• it complies with the terms and conditions of this License; and
• its license agreement:
  • 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, to the maximum extent permitted by applicable law;
  • effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits, to the maximum extent permitted by applicable law;
  • states that any provisions which are inconsistent with this License are offered by that Contributor alone and not by any other party; and
  • states that source code for the Program is available from such Contributor at the cost of distribution, and informs licensees how to obtain it in a reasonable manner.

3.2 When the Program is made available in source code form:

• it must be made available under this License; and
• a copy of this License must be included with each copy of the Program.

3.3 This License is intended to facilitate the commercial distribution of the Program by any Contributor. However, Contributors may only charge Recipients a one-time, upfront fee for the distribution of the Program. Contributors may not charge Recipients any recurring charge, license fee, or any ongoing royalty for the Recipients exercise of its rights under this License to the Program. Contributors shall make the source code for the Contributor Version they distribute available at a cost, if any, equal to the cost to the Contributor to physically copy and distribute the work. It is not the intent of this License to prohibit a Contributor from charging fees for any service or maintenance that a Contributor may charge to a Recipient, so long as such fees are not an attempt to circumvent the foregoing restrictions on charging royalties or other recurring fees for the Program itself.

3.4 A Contributor may create a Larger Work by combining the Program with other software code not governed by the terms of this License, and distribute the Larger Work as a single product. In such a case, the Contributor must make sure that the requirements of this License are fulfilled for the Program. Any Contributor who includes the Program in a commercial product offering, including as part of a Larger Work, may subject itself, but not any other Contributor, to additional contractual commitments, including, but not limited to, performance warranties and non-infringement representations on suchContributors behalf. No Contributor may create any additional 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) who made Contributions to the Program distributed by the Commercial 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, including any additional contractual commitments, of such Commercial Contributor in connection with its distribution of the Program. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement.

3.5 If Contributor has knowledge that a license under a third partys intellectual property rights is required to exercise the rights granted by such Contributor under Sections 2.1 or 2.2, Contributor must (a) include a text file with the Program source code distribution titled ../IP_ISSUES, and (b) notify CA in writing at Computer Associates International, Inc., One Computer Associates Plaza, Islandia, New York 11749, Attn: Open Source Group or by email at opensource@ca.com, both describing the claim and the party making the claim in sufficient detail that a Recipient and CA will know whom to contact with regard to such matter. If Contributor obtains such knowledge after the Contribution is made available, Contributor shall also promptly modify the IP_ISSUES file in all copies Contributor makes available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Program that such new knowledge has been obtained.

3.6 Recipient shall not remove, obscure, or modify any CA or other Contributor copyright or patent proprietary notices appearing in the Program, whether in the source code, object code or in any documentation. In addition to the obligations set forth in Section 4, 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. CONTRIBUTION RESTRICTIONS

4.1 Each Contributor must cause the Program to which the Contributor provides a Contribution to contain a file documenting the changes the Contributor made to create its version of the Program and the date of any change. Each Contributor must also include a prominent statement that the Contribution is derived, directly or indirectly, from the Program distributed by a prior Contributor, including the name of the prior Contributor from which such Contribution was derived, in (a) the Program source code, and (b) in any notice in an executable version or related documentation in which the Contributor describes the origin or ownership of the Program.

5. NO WARRANTY

5.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, THE PROGRAM IS PROVIDED AS IS AND IN ITS PRESENT STATE AND CONDITION. NO WARRANTY, REPRESENTATION, CONDITION, UNDERTAKING OR TERM, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE CONDITION, QUALITY, DURABILITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OF THE PROGRAM IS GIVEN OR ASSUMED BY ANY CONTRIBUTOR AND ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

5.2 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 License, 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.

5.3 Each Recipient acknowledges that the Program is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Program could lead to death, personal injury, or severe physical or environmental damage.

6. DISCLAIMER OF LIABILITY

6.1 EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, AND TO THE EXTENT PERMITTED BY LAW, NO CONTRIBUTOR 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. TRADEMARKS AND BRANDING

7.1 This License does not grant any Recipient or any third party any rights to use the trademarks or trade names now or subsequently posted at http://www.ca.com/catrdmrk.htm, or any other trademarks, service marks, logos or trade names belonging to CA (collectively CA Marks) or to any trademark, service mark, logo or trade name belonging to any Contributor. Recipient agrees not to use any CA Marks in or as part of the name of products derived from the Original Program or to endorse or promote products derived from the Original Program.

7.2 Subject to Section 7.1, Recipients may distribute the Program under trademarks, logos, and product names belonging to the Recipient provided that all copyright and other attribution notices remain in the Program.

8. PATENT LITIGATION

8.1 If Recipient institutes patent litigation against any person or 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 Recipients patent(s), then such Recipients rights granted under Section 2.2 shall terminate as of the date such litigation is filed.

9. OWNERSHIP

9.1 Subject to the licenses granted under this License in Sections 2.1 and 2.2 above, each Contributor retains all rights, title and interest in and to any Contributions made by such Contributor. CA retains all rights, title and interest in and to the Original Program and any Contributions made by or on behalf of CA (CA Contributions), and such CA Contributions will not be automatically subject to this License. CA may, at its sole discretion, choose to license such CA Contributions under this License, or on different terms from those contained in this License or may choose not to license them at all.

10. TERMINATION

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

11. GENERAL

11.1 If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this License, 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.

11.2 CA may publish new versions (including revisions) of this License from time to time. Each new version of the License will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the License under which it was received. In addition, after a new version of the License is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. No one other than CA has the right to modify this License.

11.3 If it is impossible for Recipient to comply with any of the terms of this License with respect to some or all of the Program due to statute, judicial order, or regulation, then Recipient must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the IP_ISSUES file described in Section 3.5 and must be included with all distributions of the Program source code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a Recipient of ordinary skill to be able to understand it.

11.4 This License is governed by the laws of the State of New York. No Recipient will bring a legal action under this License more than one year after the cause of action arose. Each Recipient waives its rights to a jury trial in any resulting litigation. Any litigation or other dispute resolution between a Recipient and CA relating to this License shall take place in the State of New York, and Recipient and CA hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that district with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

11.5 Where Recipient is located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties contractantes confirment qu’elles ont exige que le present contrat et tous les documents associes soient rediges en anglais.

11.6 The Program is subject to all export and import laws, restrictions and regulations of the country in which Recipient receives the Program. Recipient is solely responsible for complying with and ensuring that Recipient does not export, re-export, or import the Program in violation of such laws, restrictions or regulations, or without any necessary licenses and authorizations.

11.7 This License constitutes the entire agreement between the parties with respect to the subject matter hereof.

1. General; Definitions. This License applies only to the following software programs: the open source versions of Sybase’s Watcom C/C++ and Fortran compiler products (“Software”), which are modified versions of, with significant changes from, the last versions made commercially available by Sybase. As used in this License:

1.1 “Applicable Patent Rights” mean: (a) in the case where Sybase is the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to Sybase and (ii) that cover subject matter contained in the Original Code, but only to the extent necessary to use, reproduce and/or distribute the Original Code without infringement; and (b) in the case where You are the grantor of rights, (i) claims of patents that are now or hereafter acquired, owned by or assigned to You and (ii) that cover subject matter in Your Modifications, taken alone or in combination with Original Code.

1.2 “Contributor” means any person or entity that creates or contributes to the creation of Modifications.

1.3 “Covered Code” means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.

1.4 “Deploy” means to use, sublicense or distribute Covered Code other than for Your internal research and development (R&D) and/or Personal Use, and includes without limitation, any and all internal use or distribution of Covered Code within Your business or organization except for R&D use and/or Personal Use, as well as direct or indirect sublicensing or distribution of Covered Code by You to any third party in any form or manner.

1.5 “Larger Work” means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

1.6 “Modifications” mean any addition to, deletion from, and/or change to, the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When code is released as a series of files, a Modification is: (a) any addition to or deletion from the contents of a file containing Covered Code; and/or (b) any new file or other representation of computer program statements that contains any part of Covered Code.

1.7 “Original Code” means (a) the Source Code of a program or other work as originally made available by Sybase under this License, including the Source Code of any updates or upgrades to such programs or works made available by Sybase under this License, and that has been expressly identified by Sybase as such in the header file(s) of such work; and (b) the object code compiled from such Source Code and originally made available by Sybase under this License.

1.8 “Personal Use” means use of Covered Code by an individual solely for his or her personal, private and non-commercial purposes. An individual’s use of Covered Code in his or her capacity as an officer, employee, member, independent contractor or agent of a corporation, business or organization (commercial or non-commercial) does not qualify as Personal Use.

1.9 “Source Code” means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code).

1.10 “You” or “Your” means an individual or a legal entity exercising rights under this License. For legal entities, “You” or “Your” includes any entity which controls, is controlled by, or is under common control with, You, where “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 fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Permitted Uses; Conditions & Restrictions.Subject to the terms and conditions of this License, Sybase hereby grants You, effective on the date You accept this License and download the Original Code, a world-wide, royalty-free, non-exclusive license, to the extent of Sybase’s Applicable Patent Rights and copyrights covering the Original Code, to do the following:

2.1 You may use, reproduce, display, perform, modify and distribute Original Code, with or without Modifications, solely for Your internal research and development and/or Personal Use, provided that in each instance:
(a) You must retain and reproduce in all copies of Original Code the copyright and other proprietary notices and disclaimers of Sybase as they appear in the Original Code, and keep intact all notices in the Original Code that refer to this License; and
(b) You must retain and reproduce a copy of this License with every copy of Source Code of Covered Code and documentation You distribute, and You may not offer or impose any terms on such Source Code that alter or restrict this License or the recipients’ rights hereunder, except as permitted under Section 6.
(c) Whenever reasonably feasible you should include the copy of this License in a click-wrap format, which requires affirmative acceptance by clicking on an “I accept” button or similar mechanism. If a click-wrap format is not included, you must include a statement that any use (including without limitation reproduction, modification or distribution) of the Software, and any other affirmative act that you define, constitutes acceptance of the License, and instructing the user not to use the Covered Code in any manner if the user does not accept all of the terms and conditions of the License.

2.2 You may use, reproduce, display, perform, modify and Deploy Covered Code, provided that in each instance:
(a) You must satisfy all the conditions of Section 2.1 with respect to the Source Code of the Covered Code;
(b) You must duplicate, to the extent it does not already exist, the notice in Exhibit A in each file of the Source Code of all Your Modifications, and cause the modified files to carry prominent notices stating that You changed the files and the date of any change;
(c) You must make Source Code of all Your Deployed Modifications publicly available under the terms of this License, including the license grants set forth in Section 3 below, for as long as you Deploy the Covered Code or twelve (12) months from the date of initial Deployment, whichever is longer. You should preferably distribute the Source Code of Your Deployed Modifications electronically (e.g. download from a web site);
(d) if You Deploy Covered Code in object code, executable form only, You must include a prominent notice, in the code itself as well as in related documentation, stating that Source Code of the Covered Code is available under the terms of this License with information on how and where to obtain such Source Code; and
(e) the object code form of the Covered Code may be distributed under Your own license agreement, provided that such license agreement contains terms no less protective of Sybase and each Contributor than the terms of this License, and stating that any provisions which differ from this License are offered by You alone and not by any other party.

2.3 You expressly acknowledge and agree that although Sybase and each Contributor grants the licenses to their respective portions of the Covered Code set forth herein, no assurances are provided by Sybase or any Contributor that the Covered Code does not infringe the patent or other intellectual property rights of any other entity. Sybase and each Contributor disclaim any liability to You 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, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow You to distribute the Covered Code, it is Your responsibility to acquire that license before distributing the Covered Code.

3. Your Grants. In consideration of, and as a condition to, the licenses granted to You under this License, You hereby grant to Sybase and all third parties a non-exclusive, royalty-free license, under Your Applicable Patent Rights and other intellectual property rights (other than patent) owned or controlled by You, to use, reproduce, display, perform, modify, distribute and Deploy Your Modifications of the same scope and extent as Sybase’s licenses under Sections 2.1 and 2.2.

4. Larger Works. You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In each such instance, You must make sure the requirements of this License are fulfilled for the Covered Code or any portion thereof.

5. Limitations on Patent License. Except as expressly stated in Section 2, no other patent rights, express or implied, are granted by Sybase herein. Modifications and/or Larger Works may require additional patent licenses from Sybase which Sybase may grant in its sole discretion.

6. Additional Terms. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations and/or other rights consistent with this License (“Additional Terms”) to one or more recipients of Covered Code. However, You may do so only on Your own behalf and as Your sole responsibility, and not on behalf of Sybase or any Contributor. You must obtain the recipient’s agreement that any such Additional Terms are offered by You alone, and You hereby agree to indemnify, defend and hold Sybase and every Contributor harmless for any liability incurred by or claims asserted against Sybase or such Contributor by reason of any such Additional Terms.

7. Versions of the License. Sybase may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Once Original Code has been published under a particular version of this License, You may continue to use it under the terms of that version. You may also choose to use such Original Code under the terms of any subsequent version of this License published by Sybase. No one other than Sybase has the right to modify the terms applicable to Covered Code created under this License.

8. NO WARRANTY OR SUPPORT. The Covered Code may contain in whole or in part pre-release, untested, or not fully tested works. The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND SYBASE AND SYBASE’S LICENSOR(S) (COLLECTIVELY REFERRED TO AS “SYBASE” FOR THE PURPOSES OF SECTIONS 8 AND 9) AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. SYBASE AND EACH CONTRIBUTOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE COVERED CODE, THAT THE FUNCTIONS CONTAINED IN THE COVERED CODE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE COVERED CODE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE COVERED CODE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SYBASE, A SYBASE AUTHORIZED REPRESENTATIVE OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You acknowledge that the Covered Code is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, or air traffic control machines in which case the failure of the Covered Code could lead to death, personal injury, or severe physical or environmental damage.

9. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL SYBASE OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THIS LICENSE OR YOUR USE OR INABILITY TO USE THE COVERED CODE, OR ANY PORTION THEREOF, WHETHER UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR OTHERWISE, EVEN IF SYBASE OR SUCH CONTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Sybase’s or any Contributor’s total liability to You for all damages (other than as may be required by applicable law) under this License exceed the amount of five hundred dollars ($500.00).

10. Trademarks. This License does not grant any rights to use the trademarks or trade names “Sybase” or any other trademarks or trade names belonging to Sybase (collectively “Sybase Marks”) or to any trademark or trade name belonging to any Contributor(“Contributor Marks”). No Sybase Marks or Contributor Marks may be used to endorse or promote products derived from the Original Code or Covered Code other than with the prior written consent of Sybase or the Contributor, as applicable.

11. Ownership. Subject to the licenses granted under this License, each Contributor retains all rights, title and interest in and to any Modifications made by such Contributor. Sybase retains all rights, title and interest in and to the Original Code and any Modifications made by or on behalf of Sybase (“Sybase Modifications”), and such Sybase Modifications will not be automatically subject to this License. Sybase may, at its sole discretion, choose to license such Sybase Modifications under this License, or on different terms from those contained in this License or may choose not to license them at all.

12. Termination.

12.1 Termination. This License and the rights granted hereunder will terminate:
(a) automatically without notice if You fail to comply with any term(s) of this License and fail to cure such breach within 30 days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section 13.5(b); or
(c) automatically without notice if You, at any time during the term of this License, commence an action for patent infringement (including as a cross claim or counterclaim) against Sybase or any Contributor.

12.2 Effect of Termination. Upon termination, You agree to immediately stop any further use, reproduction, modification, sublicensing and distribution of the Covered Code and to destroy all copies of the Covered Code that are in your possession or control. All sublicenses to the Covered Code that have been properly granted prior to termination shall survive any termination of this License. Provisions which, by their nature, should remain in effect beyond the termination of this License shall survive, including but not limited to Sections 3, 5, 8, 9, 10, 11, 12.2 and 13. No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this License in accordance with its terms, and termination of this License will be without prejudice to any other right or remedy of any party.

13. Miscellaneous.

13.1 Government End Users. The Covered Code is a “commercial item” as defined in FAR 2.101. Government software and technical data rights in the Covered Code include only those rights customarily provided to the public as defined in this License. This customary commercial license in technical data and software is provided in accordance with FAR 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, DFAR 252.227-7015 (Technical Data — Commercial Items) and 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). Accordingly, all U.S. Government End Users acquire Covered Code with only those rights set forth herein.

13.2 Relationship of Parties. This License will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among you, Sybase or any Contributor, and You will not represent to the contrary, whether expressly, by implication, appearance or otherwise.

13.3 Independent Development. Nothing in this License will impair Sybase’s or any Contributor’s right to acquire, license, develop, have others develop for it, market and/or distribute technology or products that perform the same or similar functions as, or otherwise compete with, Modifications, Larger Works, technology or products that You may develop, produce, market or distribute.

13.4 Waiver; Construction. Failure by Sybase or any Contributor to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this License.

13.5 Severability. (a) If for any reason a court of competent jurisdiction finds any provision of this License, or portion thereof, to be unenforceable, that provision of the License will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this License will continue in full force and effect. (b) Notwithstanding the foregoing, if applicable law prohibits or restricts You from fully and/or specifically complying with Sections 2 and/or 3 or prevents the enforceability of either of those Sections, this License will immediately terminate and You must immediately discontinue any use of the Covered Code and destroy all copies of it that are in your possession or control.

13.6 Dispute Resolution. Any litigation or other dispute resolution between You and Sybase relating to this License shall take place in the Northern District of California, and You and Sybase hereby consent to the personal jurisdiction of, and venue in, the state and federal courts within that District with respect to this License. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

13.7 Entire Agreement; Governing Law. This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License shall be governed by the laws of the United States and the State of California, except that body of California law concerning conflicts of law.
Where You are located in the province of Quebec, Canada, the following clause applies: The parties hereby confirm that they have requested that this License and all related documents be drafted in English. Les parties ont exigè que le prè contrat et tous les documents connexes soient rèè en anglais.

EXHIBIT A.
“Portions Copyright (c) 1983-2002 Sybase, Inc. All Rights Reserved.
This file contains Original Code and/or Modifications of Original Code as defined in and that are subject to the Sybase Open Watcom Public License version 1.0 (the ‘License’). You may not use this file except in compliance with the License. BY USING THIS FILE YOU AGREE TO ALL TERMS AND CONDITIONS OF THE LICENSE. A copy of the License is provided with the Original Code and Modifications, and is also available at www.sybase.com/developer/opensource.
The Original Code and all software distributed under the License are distributed on an ‘AS IS’ basis, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SYBASE AND ALL CONTRIBUTORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. Please see the License for the specific language governing rights and limitations under the License.”