FREE DOWNLOAD COMPONENTS/THIRD
PARTY TERMS AND CONDITIONS
PROGRAM: Adapter for
OS/390
The Program contains open
source and other free download components as identified below. Third party
license terms and other third party-required notices are provided below.
IBM Corporation
Components: WSDL4J
This Program includes WSDL4J software licensed from IBM under the terms
of the Common Public License, a copy of which is at Attachment
1. Any provisions of this Agreement that conflict with the Common
Public License are not applicable to the WSDL4J software. Source code
for the WSDL4J software is available from Sybase at http://www.sybase.com/detail?id=1026266.
Eclipse.org
Component: Eclipse SDK
The Program includes Eclipse SDK open source software from Eclipse.org
(the “Eclipse Component”), which is licensed under the Common
Public License, attached as Attachment 1. You may obtain the source code
for the Eclipse Component at www.eclipse.org.
The Eclipse Component includes an ANT component developed by the Apache
Software Foundation ( www.apache.org).
The Apache software is provided subject to the following additional provisions.
Copyright © 1999-2000 The Apache Software Foundation. All rights
reserved. Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met: (i) redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer; (ii) 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; (iii) the end-user documentation
included with the redistribution, if any, must include the following acknowledgment:
"This product includes software developed by the Apache Software
Foundation ( http://www.apache.org/)."
Alternately, this acknowledgment may appear in the software itself, if
and wherever such third-party acknowledgments normally appear; (iv) the
name "Apache Software Foundation" must not be used to endorse
or promote products derived from this software without prior written permission.
For written permission, please contact apache@apache.org;
and (v) products derived from this software may not be called "Apache",
nor may "Apache" appear in their name, without prior written
permission of the Apache Software Foundation. THIS SOFTWARE IS PROVIDED
``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE
FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR
PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF
LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE
OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Sun Microsystems
Components: JRE, Web Services Developer Pack
No third party license terms or notices.
ATTACHMENT
1
Common Public License - v 1.0
THE ACCOMPANYING PROGRAM
IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT").
ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S
ACCEPTANCE OF THIS AGREEMENT.
1. DEFINITIONS
"Contribution"
means:
a) in the case of the initial Contributor, the initial code and documentation
distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and
are distributed by that particular Contributor. A Contribution 'originates'
from a Contributor if it was added to the Program by such Contributor
itself or anyone acting on such Contributor's behalf. Contributions
do not include additions to the Program which: (i) are separate modules
of software distributed in conjunction with the Program under their
own license agreement, and (ii) are not derivative works of the Program.
"Contributor" means any person or entity that distributes
the Program.
"Licensed Patents
" mean patent claims licensable by a Contributor which are necessarily
infringed by the use or sale of its Contribution alone or when combined
with the Program.
"Program" means
the Contributions distributed in accordance with this Agreement.
"Recipient" means
anyone who receives the Program under this Agreement, including all Contributors.
2. GRANT OF RIGHTS
a) Subject to the terms
of this Agreement, each Contributor hereby grants Recipient a non-exclusive,
worldwide, royalty-free copyright license to reproduce, prepare derivative
works of, publicly display, publicly perform, distribute and sublicense
the Contribution of such Contributor, if any, and such derivative works,
in source code and object code form.
b) Subject to the terms of this Agreement, each Contributor hereby grants
Recipient a non-exclusive, worldwide, royalty-free patent license under
Licensed Patents to make, use, sell, offer to sell, import and otherwise
transfer the Contribution of such Contributor, if any, in source code
and object code form. This patent license shall apply to the combination
of the Contribution and the Program if, at the time the Contribution
is added by the Contributor, such addition of the Contribution causes
such combination to be covered by the Licensed Patents. The patent license
shall not apply to any other combinations which include the Contribution.
No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses
to its Contributions set forth herein, no assurances are provided by
any Contributor that the Program does not infringe the patent or other
intellectual property rights of any other entity. Each Contributor disclaims
any liability to Recipient for claims brought by any other entity based
on infringement of intellectual property rights or otherwise. As a condition
to exercising the rights and licenses granted hereunder, each Recipient
hereby assumes sole responsibility to secure any other intellectual
property rights needed, if any. For example, if a third party patent
license is required to allow Recipient to distribute the Program, it
is Recipient's responsibility to acquire that license before distributing
the Program.
d) Each Contributor represents that to its knowledge it has sufficient
copyright rights in its Contribution, if any, to grant the copyright
license set forth in this Agreement.
3. REQUIREMENTS
A Contributor may choose
to distribute the Program in object code form under its own license agreement,
provided that:
a) it complies with the
terms and conditions of this Agreement; and
b) its license agreement:
i) effectively disclaims on behalf of all Contributors all warranties
and conditions, express and implied, including warranties or conditions
of title and non-infringement, and implied warranties or conditions
of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all Contributors all liability
for damages, including direct, indirect, special, incidental and consequential
damages, such as lost profits;
iii) states that any provisions which differ from this Agreement are
offered by that Contributor alone and not by any other party; and
iv) states that source code for the Program is available from such Contributor,
and informs licensees how to obtain it in a reasonable manner on or
through a medium customarily used for software exchange.
When the Program is made available in source code form:
a) it must be made available under this Agreement; and
b) a copy of this Agreement must be included with each copy of the Program.
Contributors may not remove
or alter any copyright notices contained within the Program.
Each Contributor must identify
itself as the originator of its Contribution, if any, in a manner that
reasonably allows subsequent Recipients to identify the originator of
the Contribution.
4. COMMERCIAL DISTRIBUTION
Commercial distributors
of software may accept certain responsibilities with respect to end users,
business partners and the like. While this license is intended to facilitate
the commercial use of the Program, the Contributor who includes the Program
in a commercial product offering should do so in a manner which does not
create potential liability for other Contributors. Therefore, if a Contributor
includes the Program in a commercial product offering, such Contributor
("Commercial Contributor") hereby agrees to defend and indemnify
every other Contributor ("Indemnified Contributor") against
any losses, damages and costs (collectively "Losses") arising
from claims, lawsuits and other legal actions brought by a third party
against the Indemnified Contributor to the extent caused by the acts or
omissions of such Commercial Contributor in connection with its distribution
of the Program in a commercial product offering. The obligations in this
section do not apply to any claims or Losses relating to any actual or
alleged intellectual property infringement. In order to qualify, an Indemnified
Contributor must: a) promptly notify the Commercial Contributor in writing
of such claim, and b) allow the Commercial Contributor to control, and
cooperate with the Commercial Contributor in, the defense and any related
settlement negotiations. The Indemnified Contributor may participate in
any such claim at its own expense.
For example, a Contributor
might include the Program in a commercial product offering, Product X.
That Contributor is then a Commercial Contributor. If that Commercial
Contributor then makes performance claims, or offers warranties related
to Product X, those performance claims and warranties are such Commercial
Contributor's responsibility alone. Under this section, the Commercial
Contributor would have to defend claims against the other Contributors
related to those performance claims and warranties, and if a court requires
any other Contributor to pay any damages as a result, the Commercial Contributor
must pay those damages.
5. NO WARRANTY
EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS"
BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR
IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Each Recipient is solely responsible for determining the appropriateness
of using and distributing the Program and assumes all risks associated
with its exercise of rights under this Agreement, including but not limited
to the risks and costs of program errors, compliance with applicable laws,
damage to or loss of data, programs or equipment, and unavailability or
interruption of operations.
6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET
FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL
HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS),
HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY
WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. GENERAL
If any provision of this
Agreement is invalid or unenforceable under applicable law, it shall not
affect the validity or enforceability of the remainder of the terms of
this Agreement, and without further action by the parties hereto, such
provision shall be reformed to the minimum extent necessary to make such
provision valid and enforceable.
If Recipient institutes
patent litigation against a Contributor with respect to a patent applicable
to software (including a cross-claim or counterclaim in a lawsuit), then
any patent licenses granted by that Contributor to such Recipient under
this Agreement shall terminate as of the date such litigation is filed.
In addition, if Recipient institutes patent litigation against any entity
(including a cross-claim or counterclaim in a lawsuit) alleging that the
Program itself (excluding combinations of the Program with other software
or hardware) infringes such Recipient's patent(s), then such Recipient's
rights granted under Section 2(b) shall terminate as of the date such
litigation is filed.
All Recipient's rights
under this Agreement shall terminate if it fails to comply with any of
the material terms or conditions of this Agreement and does not cure such
failure in a reasonable period of time after becoming aware of such noncompliance.
If all Recipient's rights under this Agreement terminate, Recipient agrees
to cease use and distribution of the Program as soon as reasonably practicable.
However, Recipient's obligations under this Agreement and any licenses
granted by Recipient relating to the Program shall continue and survive.
Everyone is permitted to
copy and distribute copies of this Agreement, but in order to avoid inconsistency
the Agreement is copyrighted and may only be modified in the following
manner. The Agreement Steward reserves the right to publish new versions
(including revisions) of this Agreement from time to time. No one other
than the Agreement Steward has the right to modify this Agreement. IBM
is the initial Agreement Steward. IBM may assign the responsibility to
serve as the Agreement Steward to a suitable separate entity. Each new
version of the Agreement will be given a distinguishing version number.
The Program (including Contributions) may always be distributed subject
to the version of the Agreement under which it was received. In addition,
after a new version of the Agreement is published, Contributor may elect
to distribute the Program (including its Contributions) under the new
version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient
receives no rights or licenses to the intellectual property of any Contributor
under this Agreement, whether expressly, by implication, estoppel or otherwise.
All rights in the Program not expressly granted under this Agreement are
reserved.
This Agreement is governed
by the laws of the State of New York and the intellectual property laws
of the United States of America. No party to this Agreement will bring
a legal action under this Agreement more than one year after the cause
of action arose. Each party waives its rights to a jury trial in any resulting
litigation.
|
