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Portions of the software installed are: ApacheCopyright © 2000-2004 The Apache Software Foundation Apache License, Version 2.0 Apache License Version 2.0, January 2004 <a href=http://www.apache.org/licenses/>http://www.apache.org/licenses/</a> TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files. "Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types. "Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below). "Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof. "Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution." "Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work. 2. Grant of Copyright License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. 3. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed. 4. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions: 1. You must give any other recipients of the Work or Derivative Works a copy of this License; and 2. You must cause any modified files to carry prominent notices stating that You changed the files; and 3. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and 4. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License. You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License. 5. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions. 6. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file. 7. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License. 8. Limitation of Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages. 9. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS BMC ADDMCopyright © 2003-2011 BMC Software; All rights reserved END USER LICENSE AGREEMENT
BY OPENING THE PACKAGE, INSTALLING, PRESSING
"AGREE" OR "YES" OR USING THE PRODUCT, THE ENTITY OR
INDIVIDUAL ENTERING INTO THIS AGREEMENT AGREES TO
BE BOUND BY THE FOLLOWING TERMS. IF YOU DO NOT
AGREE WITH ANY OF THESE TERMS, DO NOT INSTALL OR
USE THE PRODUCT, PROMPTLY RETURN THE PRODUCT TO
BMC OR YOUR BMC RESELLER, AND IF YOU ACQUIRED THE
LICENSE WITHIN 15 DAYS OF THE DATE OF YOUR ORDER
CONTACT BMC OR YOUR BMC RESELLER FOR A REFUND OF
LICENSE FEES PAID. IF YOU REJECT THIS AGREEMENT, YOU
WILL NOT ACQUIRE ANY LICENSE TO USE THE PRODUCT.
This Agreement ("Agreement") is between the entity or individual
entering into this Agreement ("Customer") and the BMC Entity for the
applicable Territory as described in Section 19 ("BMC"). In addition to
the restrictions imposed under this Agreement, any other usage
restrictions contained in the Product installation instructions or release
notes shall apply to your use of the Product.
Territory: The country where Customer acquired the license.
1. GENERAL DEFINITIONS.
"Affiliate" is an entity that controls, is controlled by or shares common
control with BMC or Customer, where such control arises from either
(a) a direct or indirect ownership interest of more than 50% or (ii) the
power to direct or cause the direction of the management and policies,
whether through the ownership of voting stock by contract, or otherwise,
equal to that provided by a direct or indirect ownership of more than
50%.
"Documentation" means the technical publications relating to the
software, such as release notes, reference, user, installation, systems
administrator and technical guidelines, included with the Product.
"Licensed Capacity" is the amount of each Product licensed as
established in the Order.
"Order" is an agreed written or electronic document, subject to the terms
of this Agreement that identifies the Products to be licensed and their
Licensed Capacity and/or the Support to be purchased and the fees to be
paid.
"Product" is the object code of the software and all accompanying
Documentation delivered to Customer, including all items delivered by
BMC to Customer under Support.
"Support" is the support services program as further specified in this
Agreement.
2. SCOPE. Licenses are granted, and Support is obtained, solely by
execution of Orders. Each Order is deemed to be a discrete contract,
separate from each other Order, unless expressly stated otherwise
therein, and in the event of a direct conflict between any Order and the
terms of this Agreement, the terms of the Order will control only if the
Order is executed by an authorized representative of each party. Orders
may be entered under this Agreement by and between (a) BMC or an
Affiliate of BMC and (b) the Customer or an Affiliate of Customer.
With respect to an Order, the terms "BMC" and "Customer" as used in
this Agreement will be deemed to refer to the entities that execute that
Order, the Order will be considered a two party agreement between such
entities, and BMC will separately invoice the Customer named in the
Order for the associated License fees and Support fees. Neither
execution of this Agreement, nor anything contained herein, shall
obligate either party to enter into any Orders In the event an Order is
proposed by BMC and is deemed to constitute an offer, then acceptance
of such offer is limited to its terms. In the event Customer proposes an
Order by submitting a purchase order, then regardless of whether BMC
acknowledges, accepts or fully or partially performs under such
purchase order, BMC OBJECTS to any additional or different terms in
the purchase order, other than those that establish Product, price and
Licensed Capacity in accordance with this Agreement,
3. LICENSE. Subject to the terms of this Agreement, BMC grants
Customer a non-exclusive, non-transferable, non-sub-licensable
perpetual (unless a non-perpetual license is provided on an Order)
license, as specified in the relevant Order, to exercise the following
rights to the Product up to the Licensed Capacity: (a) copy the Product
for the purpose of installing it on Customer's owned or leased hardware
at a facility owned or controlled by Customer in the Territory; (b)
operate solely for Customer's and its Affiliates own internal Customer's
business operations, and (c) make one copy of the Product for archival
purposes only (collectively a "License"). Affiliates may use and
access the Products and Support under the terms of this Agreement, and
Customer is responsible for its Affiliates compliance with the terms of
this Agreement.
4. RESTRICTIONS. Customer will not: (a) copy, operate or use
any Product in excess of the applicable Licensed Capacity, (b) modify,
delete or remove any ownership, title, trademark, patent or copyright
notices (" Identification") from any Product; (c) copy any Product or any
portion of any Product without reproducing all Identification on each
copy or partial copy; (d) disassemble, reverse engineer, decompile or
otherwise attempt to derive any Product source code from object code,
except to the extent expressly permitted by applicable law despite this
limitation without possibility of contractual waiver; (e) distribute, rent,
lease, sublicense or provide the Product to any third party or use it in a
service bureau, outsourcing environment, or for the processing of third
party data; (f) provide a third party with the results of any functional
evaluation, or performance tests, without BMC's prior written approval;
(g) attempt to disable or circumvent any of the licensing mechanisms
within the Product; or (h) violate any other usage restrictions contained
in the Documentation.
5. PRODUCT PERFORMANCE WARRANTY. BMC warrants
that (a) the Product will perform in substantial accordance with its
Documentation for a period of one year from the date of the first Order ,
(b) BMC has used commercially reasonable efforts consistent with
industry standards to scan for and remove software viruses, and (c) other
than passwords that may be required for the operation of the Product,
BMC has not inserted any code that is not addressed in the
Documentation and that is designed to delete, interfere with or disable
the normal operation the Products in accordance with the License.This
warranty will not apply to any problems caused by hardware, software
other than the Product, or misuse of the Product use of the Product other
than as provided by the applicable License, modification of the Product,
or claims made either outside the warranty period or not in compliance
with the notice and access requirements set forth below. No warranty is
provided for additional Licensed Capacity, Product provided pursuant to
Support or Product provided pursuant to Section 11.
6. LIMITED REMEDIES. BMC's entire liability, and Customer's
exclusive remedy, for breach of the above warranty is limited to:
BMC's use of commercially reasonable efforts to have the Product
perform in substantial accordance with its Documentation, or
replacement of the non-conforming Product within a reasonable period
of time, or if BMC cannot have the Product perform in substantial
accordance with its Documentation replace the Product within such
time period, then BMC will refund the amount paid by Customer for the
License for that Product. Customer's rights and BMC's obligations in
this section are conditioned upon Customer's providing BMC during the
warranty period (a) full cooperation and access to the Product in
resolving any claim, and (b) written notice addressed to the BMC Legal
Department that includes notice of the claim, a complete description of
the alleged defects sufficient to permit their reproduction in BMC's
development or support environment, and a specific reference to the
Documentation to which such alleged defects are contrary.
7. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE
EXPRESS WARRANTIES IN THIS AGREEMENT, THE PRODUCT
IS PROVIDED WITH NO OTHER WARRANTIES WHATSOEVER,
AND BMC, ITS AFFILIATES AND LICENSORS DISCLAIM ALL
OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
BMC DOES NOT WARRANT THAT THE OPERATION OF THE
PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE, OR
THAT ALL DEFECTS CAN BE CORRECTED.
8. PAYMENTS AND DELIVERY. Customer will pay each
License fee and/or Support fee upon receipt of invoice. Customer will
pay, or reimburse, BMC or when required by law the appropriate
governmental agency for taxes of any kind, including sales, use, VAT,
excise, customs duties, withholding, property, and other similar taxes
(other than taxes based on BMC's net income) imposed in connection
with the License and/or the Support fees which are exclusive of these
taxes. For Products that are delivered electronically, upon request from
BMC, Customer agrees to provide BMC with Documentation supporting
that the designated Product was received electronically. If Customer
accepts any Product in a non-electronic format, there may be an
additional charge and it is the sole responsibility of Customer to bear
any sales/use tax obligation, penalties, and interest. The unpaid balance
of each late payment bears interest at a rate equal to the lesser of 1% per
month or the maximum amount permitted by law. All Products are
licensed FCA ("Free Carrier" as per Incoterms 2000) shipping point.
The Products are accepted on the date BMC delivers the Product to the
Customer either physically or by providing access codes for electronic
download, whichever occurs first , however, such acceptance will not
affect the Product Performance Warranty provided in this Agreement.
9. PROPRIETARY RIGHTS AND CONFIDENTIALITY. (a)
BMC, its Affiliates or licensors retain all right, title and interest to the
Product, Support and all related intellectual property and proprietary
rights. The Product and all third party software provided with the
Product are protected by applicable copyright, trade secret, industrial
and other intellectual property laws. Customer may not remove any
product identification, copyright, trademark or other notice from the
Product. BMC reserves any rights not expressly granted to Customer in
this Agreement. (b) "Confidential Information" means all proprietary or
confidential information that is disclosed to the recipient ("Recipient")
by the discloser ("Discloser"), and includes, among other things (i) any
and all information relating Discloser financial information, customers,
employees, products or services, including, without limitation,software
code, flow charts, techniques, specifications, development and
marketing plans, strategies, and forecasts; (ii) as to BMC, and its
licensors, the Product and any third party software provided with the
Product; and (iii) the terms of this Agreement, including without
limitation, Product pricing information. Confidential Information does
not include information that Recipient can show: (a) was rightfully in
Recipient's possession without any obligation of confidentiality before
receipt from the Discloser; (b) is or becomes a matter of public
knowledge through no fault of Recipient; (c) is rightfully received by
Recipient from a third party without violation of a duty of
confidentiality; or (d) is independently developed by or for Recipient.
Recipient may not disclose Confidential Information of Discloser to any
third party or use the Confidential Information in violation of this
Agreement. The Recipient (i) will exercise the same degree of care and
protection with respect to the Confidential Information of the Discloser
that it exercises with respect to its own Confidential Information and (ii)
will not, either directly or indirectly, disclose, copy, distribute,
republish, or allow any third party to have access to any Confidential
Information of the Discloser. Notwithstanding the foregoing, Recipient
may disclose Discloser's Confidential Information to Recipient's employees
and agents who have the need to know provided that such employees and
agents have legal obligations of confidentiality substantially the same
(and in no case less protective) as the provisions of this Agreement. (c)
Notification Obligation. If the Recipient becomes aware of any
unauthorized use or disclosure of Discloser's Confidential Information,
then Recipient will promptly and fully notify the Discloser of all facts
known to it concerning such unauthorized use or disclosure. In addition,
if the Recipient or any of its employees or agents are required (by oral
questions, interrogatories, requests for information, or documents in
legal proceedings, subpoena, civil investigative demand, or other similar
process) to disclose any of Discloser's Confidential Information, the
Recipient will not disclose the Discloser's Confidential Information
without providing the Discloser with commercially reasonable advance
prior written notice to allow Discloser to seek a protective order or other
appropriate remedy or to waive compliance with this provision. In any
event, the Recipient will exercise its commercially reasonable efforts to
preserve the confidentiality of the Discloser's Confidential Information,
including, without limitation, cooperating with Discloser to obtain an
appropriate protective order or other reliable assurance that confidential
treatment will be accorded to the Confidential Information.
Notwithstanding the foregoing, Customer agrees that BMC may include
Customer's name on customer lists.
10. DISCLAIMER OF DAMAGES; LIMITS ON LIABILITY.
EXCEPT FOR VIOLATIONS OF LICENSE (SECTION 3), LICENSE
RESTRICTIONS (SECTION 4), PROPRIETARY RIGHTS AND
CONFIDENTIALITY (SECTION 9) AND FOR INFRINGEMENT
CLAIMS (SECTION 12), NEITHER PARTY, ITS AFFILIATES OR
BMC'S LICENSORS ARE LIABLE FOR (A) ANY SPECIAL,
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES RELATING TO OR ARISING OUT OF THIS
AGREEMENT, SUPPORT, THE PRODUCT OR ANY THIRD
PARTY CODE OR SOFTWARE PROVIDED WITH THE PRODUCT
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST
COMPUTER USAGE TIME, AND DAMAGE TO, OR LOSS OF USE
OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, AND IRRESPECTIVE OF NEGLIGENCE OF A PARTY
OR WHETHER SUCH DAMAGES RESULT FROM A CLAIM
ARISING UNDER TORT OR CONTRACT LAW , OR (B)
DAMAGES OF ANY KIND IN AN AMOUNT GREATER THAN
THE AMOUNT OF ACTUAL, DIRECT DAMAGES UP TO THE
CAP. THE TERM "CAP" MEANS (I) IF BMC IS THE PAYOR, THE
AMOUNT PAID BY CUSTOMER FOR THE LICENSE TO THE
PRODUCT GIVING RISE TO SUCH DAMAGES AND (II) IF
CUSTOMER IS THE PAYOR, THE GREATER OF THE AMOUNT
PAID OR PAYABLE, BY CUSTOMER FOR THE LICENSE TO THE
PRODUCT GIVING RISE TO SUCH DAMAGES.
11. TRIAL LICENSE. BMC may determine, in its sole discretion,
to make products available to Customer without an Order and without
charge Such products are deemed to be "Products" pursuant to this
Agreement except that (a) they are provided to Customer solely so that
Customer may evaluate internally whether to acquire a license to the
products for a fee, (b) the license term for such products is thirty (30)
days; (c) the Products are provided "AS IS" and without any warranty or
support, and (d) the products cannot be put into productive use or
included as part of Customer's business processes in any manner, unless
or until they are expressly licensed and paid for under an Order. BMC
may terminate all of Customer's rights and licenses to these products for
BMC's convenience upon notice to Customer.
12. INFRINGEMENT CLAIMS. If a third party asserts a claim
against Customer asserting that Customer's use of a Product in
accordance with this Agreement violates that third-party's patent, trade
secret or copyright rights ("Infringement Claim"), then BMC will, at its
own expense: (a) defend or settle the Infringement Claim; and (b)
indemnify Customer for any damages finally awarded against Customer
based on infringement by the Product,. BMC's obligations under this
Section will not apply if: (a) BMC's legal department does not receive
prompt, detailed written notice of the Infringement Claim from
Customer, (b), BMC is not able to retain sole control of the defense of
the Infringement Claim and all negotiations for its settlement or
compromise, (c) BMC does not receive all reasonable assistance, or (d)
the Infringement Claim is based on (i) the use of Product in combination
with products not supplied or approved by BMC in the Product's
Documentation, (ii) the failure of Customer to use any updates to such
Product within a reasonable time after such updates are made available
to Customer, or (iii) the failure of Customer to use the Product as
permitted by the Order and in accordance with the Documentation. BMC
will not bind Customer to a monetary obligation in a settlement or
compromise, or make an admission on behalf of Customer, without
obtaining Customer's prior consent. If BMC determines in BMC's
reasonable If Bdiscretion that use of the Product should be stopped
because of an Infringement Claim or potential Infringement Claim, if a
court of competent jurisdiction enjoins Customer from using a Product
as a result of an Infringement Claim and BMC is unable to have such
injunction stayed or overturned, or if BMC settles an Infringement
Claim on terms that would require Customer to stop using the Product,
then BMC will, at its expense and election: (a) modify or replace the
Product, (b) procure the right to continue using the Product, or (c) if in
BMC's reasonable judgment, neither (a) or (b) is commercially
reasonable, terminate Customer's License to the Product and (i) for any
perpetual licenses, issue a refund based upon the applicable license fees
paid, prorated over 48 months from the date of the Order under which
the Products were initially licensed; and (ii) for any non-perpetual
licenses, release Customer from its obligation to make future payments
for the Product or issue a pro rata refund for any fees paid in advance.
This Section contains Customer's exclusive remedies and BMC's sole
liability for Infringement Claims.
13. TERMINATION. Upon thirty days advance written notice,
either party may terminate this Agreement for its convenience on a
prospective basis; however, such termination will have no effect on
Orders executed by the parties prior to its effective date and such Orders
will remain in full force and effect under the terms of this Agreement.
BMC may: (i) terminate an Order and the Licenses to the Products on
that Order if Customer fails to pay any applicable fees due under that
Order within 30 days after receipt of written notice from BMC of non-
payment; (ii) terminate any or all Orders, Licenses to the Products
and/or this Agreement, without notice or cure period, if Customer
violates the intellectual property rights of BMC, its Affiliates or
licensors, or uses the Products outside of the scope of the applicable
Licenses; or (iii) terminate all Licenses and this Agreement in whole or
in part if Customer commits any other material breach of this Agreement
and fails to correct the breach within 30 days after BMC notifies
Customer in writing of the breach. Upon any termination of a License,
Customer will immediately uninstall and stop using the relevant Product,
and upon BMC's request, Customer will immediately return such
Product to BMC, together with all related Documentation and copies, or
certify its destruction in writing. Neither party is liable for its failure
to perform any obligation under this Agreement, other than a payment
obligation, during any period in which performance is delayed by
circumstances beyond that party's reasonable control.
14. AUDIT. Upon BMC's request (such request not to be made
more than once per year without good cause), Customer agrees to
deliver to BMC written reports, generated manually or electronically,
specifying Customer's use of the Product, and to allow BMC to perform
an audit at Customer's facilities during normal business hours to ensure
compliance with the terms of this Agreement. Customer agrees to
cooperate during any audit and to provide reasonable access to
information and systems. If an audit reveals that Customer has exceeded
the Licensed Capacity for a Product, Customer agrees to pay the
applicable fees for additional capacity. If the understated capacity
exceeds 5% of the Licensed Capacity of the applicable Product, then
Customer agrees to also pay BMC's reasonable costs of conducting the
audit.
15. EXPORT CONTROLS. Customer will cooperate with BMC as
reasonably necessary to ensure compliance with the laws and regulations
of the United States and all the relevant countries, relating to exports
(including "deemed" exports and "deemed" re-exports as defined by the
Export Administration Regulations) and re-exports ("Export Laws").
Customer may not import, export, re-export or transfer, directly or
indirectly, including via remote access, any part of the BMC Products,
or any other BMC information or technology in violation of any such
laws and regulations, or without any written governmental authorization
required under applicable laws. In particular, but without limitation,
none of the Software or the underlying information or technology may
be downloaded or otherwise exported or re-exported, directly or
indirectly, (a) into (or to a national or resident of) any country to which
the United States government has imposed trade sanctions denying the
export of any products; (b) to anyone on the US Treasury Department's
list of Specially Designated Nationals or Other Blocked Persons, the US
Commerce Department's Denied Parties List, the US Commerce
Department's Entity List, or the US Commerce Department's Unverified
List; or (c) to or for any proliferation-related (nuclear weapons, missile
technology, or chemical/biological weapons) end use.
16. GOVERNING LAW. This Agreement is governed by the
substantive laws in force, without regard to conflict of laws principles:
(a) in the State of Texas, if you acquired the License in the United
States, Puerto Rico, or any country in Central or South America; (b) in
the Province of Ontario, if you acquired the License in Canada
(subsections (a) and (b) collectively referred to as the "Americas
Region"); (c) in Singapore, if you acquired the License in Japan, South
Korea, Peoples Republic of China, Special Administrative Regions of
Hong Kong or Macau, Taiwan, Philippines, Indonesia, Malaysia,
Myanmar, Singapore, Brunei, Vietnam, Cambodia, Laos, Thailand,
India, Pakistan, Australia, New Zealand, Papua New Guinea or any of
the pacific island states (collectively, "Asia Pacific Region"); or (d) in
the Netherlands, if you acquired the License in any other country not
described above. The United Nations Convention on Contracts for the
International Sale of Goods is specifically disclaimed in its entirety.
17. ARBITRATION. ANY DISPUTE BETWEEN CUSTOMER
AND BMC ARISING OUT OF THIS AGREEMENT OR THE
BREACH OR ALLEGED BREACH, SHALL BE DETERMINED BY
BINDING ARBITRATION CONDUCTED IN ENGLISH. IF THE
DISPUTE IS INITIATED IN THE AMERICAS REGION, THE
ARBITRATION SHALL BE HELD IN NEW YORK, U.S.A., UNDER
THE CURRENT COMMERCIAL OR INTERNATIONAL, AS
APPLICABLE, RULES OF THE AMERICAN ARBITRATION
ASSOCIATION. IF THE DISPUTE IS INITIATED IN A COUNTRY
IN THE ASIA PACIFIC REGION, THE ARBITRATION SHALL BE
HELD IN SINGAPORE, SINGAPORE UNDER THE CURRENT
UNCITRAL ARBITRATION RULES. IF THE DISPUTE IS
INITIATED IN A COUNTRY OUTSIDE OF THE AMERICAS
REGION OR ASIA PACIFIC REGION, THE ARBITRATION SHALL
BE HELD IN AMSTERDAM, NETHERLANDS UNDER THE
CURRENT UNCITRAL ARBITRATION RULES. THE COSTS OF
THE ARBITRATION SHALL BE BORNE EQUALLY PENDING
THE ARBITRATOR'S AWARD. THE AWARD RENDERED
SHALL BE FINAL AND BINDING UPON THE PARTIES AND
SHALL NOT BE SUBJECT TO APPEAL TO ANY COURT, AND
MAY BE ENFORCED IN ANY COURT OF COMPETENT
JURISDICTION. NOTHING IN THIS AGREEMENT SHALL BE
DEEMED AS PREVENTING EITHER PARTY FROM SEEKING
INJUNCTIVE RELIEF FROM ANY COURT HAVING
JURISDICTION OVER THE PARTIES AND THE SUBJECT
MATTER OF THE DISPUTE AS NECESSARY TO PROTECT
EITHER PARTY'S CONFIDENTIAL INFORMATION,
OWNERSHIP, OR ANY OTHER PROPRIETARY RIGHTS. ALL
ARBITRATION PROCEEDINGS SHALL BE CONDUCTED IN
CONFIDENCE, AND THE PARTY PREVAILING IN
ARBITRATION SHALL BE ENTITLED TO RECOVER ITS
REASONABLE ATTORNEYS' FEES AND NECESSARY COSTS
INCURRED RELATED THERETO FROM THE OTHER PARTY.
18. U.S. FEDERAL ACQUISITIONS. This Article applies to all
acquisitions of the commercial Product subject to this Agreement by or
on behalf of the federal government, or by any prime contractor or
subcontractor (at any tier) under any contract, grant, cooperative
agreement or other activity with the federal government. By accepting
delivery of the Product, the government hereby agrees that the Product
qualifies as "commercial" within the meaning of the acquisition
regulation(s) applicable to this procurement. The terms and conditions
of this Agreement shall pertain to the government's use and disclosure
of the Product, and shall supersede any conflicting contractual terms and
conditions. If the license granted by this Agreement fails to meet the
government's needs or is inconsistent in any respect with Federal law,
the government agrees to return the Product, unused, to BMC. The
following additional statement applies only to acquisitions governed by
DFARS Subpart 227.4 (October 1988): "Restricted Rights - Use,
duplication and disclosure by the Government is subject to restrictions
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data
and Computer Software clause at DFARS 252.227-7013 (Oct. 1988)."
19. BMC ENTITIES. The following licensing entities apply to this
Agreement:
Territory Licensing Entity Address of Licensing Entity
United States
and Latin America BMC Software, Inc.
2101 CityWest Boulevard, Houston, Texas
77042
South (not a
specified Central
or South America
country below)
Canada BMC Software Canada Inc.
50 Minthorn Boulevard, Suite 200
Markham, Ontario L3T 7X8 Canada
EMEA (Europe,
Middle East and
Africa) BMC Software Distribution B.V.
Boeing Avenue 245, 1119
PE Schiphol Rijk,
The Netherlands
Brazil BMC Software do Brasil Ltda.
Rua Leopoldo Couto de Magalh'es Jr, 758- 14'
andar, S'o Paulo - SP - Brazil
Mexico BMC Software Distribution de M'xico, S.A. de C.V.
Torre Esmeralda II Blvd. Manuel
Avila, Camacho #36,
Piso 23 Lomas de Chapultepec, CP11000, M'xico D.F.
Argentina BMC Software de Argentina S.A. Ing.
Butty 220 - Piso 14, Buenos Aires, Republica Argentina,
C1001AFB
S.E.A (Southeast
Asia), Australia,
New Zealand, Korea,
Hong Kong, Taiwan BMC Software Asia Pacific Pte Ltd
One Temasek Avenue, #17-01 Millenia Tower,
Singapore 039192
China BMC Software (China) Limited
Suite 501-504, Level 5, Tower W1, The Towers,
Oriental Plaza, #1 East Chang An Ave., Dong Cheng,
Beijing 100738, China
Japan BMC Software K.K.
Harmony Tower 24th Floor, 1-32-2 Honcho,
Nakano-ku,
Tokyo, 164-8721
20. ASSIGNMENT AND TRANSFERS. Customer may not assign or
transfer a Product separate from the applicable Agreement and License,
and may not assign or transfer an Agreement or a License, except in the
event of a merger with or into, or a transfer of all or substantially all of
Customer's assets to, a third party who assumes all of Customer's
liabilities and obligations under the Agreement and License, expressly
agrees to be bound by and comply with all of the terms of the
Agreement and License. Any attempt to assign or transfer and
Agreement or License in violation of this provision will be null and void
and be treated as a violation of BMC's intellectual property rights or use
outside the scope of the License.
21. MISCELLANEOUS TERMS. A waiver by a party of any
breach of any term of this Agreement will not be construed as a waiver
of any continuing or succeeding breach. Should any term of this
Agreement be invalid or unenforceable, the remaining terms will remain
in effect. The parties acknowledge they have read this Agreement and
agree that it is the complete and exclusive statement of the agreement
and supersedes any prior or contemporaneous negotiations or
agreements, between the parties relating to the subject matter of this
Agreement. This Agreement may not be modified or rescinded except in
writing signed by both parties. The prevailing party in any litigation is
entitled to recover its attorney's fees and costs from the other party. To
the extent BMC Products include third party code: if (a) such third party
code is provided for use with a Product, it may be used only with that
Product unless otherwise provided for in the Documentation; and (b) the
Documentation contains terms that pertain to such third party code,
those terms govern the third party code in place of the terms of the
applicable Order and this Agreement; except that the third party terms
will not (i) negate or amend the rights granted by BMC to Customer or
the obligations undertaken by BMC in the applicable Order or this
Agreement with respect to a Product; or (ii) impose any additional
restrictions on Customer's use of the Product. In some circumstances,
usually either for the convenience of its customers or in order to comply
with the obligation to make source code available under specific license
terms, BMC distributes to customers, without charge, products that are
not governed by an Order or this Agreement. Such products are
distributed separately from the BMC Products, are governed by the
license terms that and included with them, and are provided by BMC AS
IS, WHERE IS AND WITHOUT WARRANTIES OF ANY KIND,
WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND
EXCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT AND TITLE. The parties have agreed that
this Agreement and the documents related thereto be drawn up in the
English language.
Les parties exigent que la pr'sente convention ainsi que les documents
qui s'y rattachent soient r'dig's en anglais.
22. SUPPORT. Customer may acquire BMC support services
("Support") on an Order. Once Support is acquired for a Product,
Customer is automatically enrolled in Support on an annual basis for all
Licensed Capacity of that Product, unless either party terminates
Support on all Licensed Capacity of a Product upon at least 30 days
written notice prior to the next Support anniversary date. The annual fee
for Support will be agreed upon at the time of each Order. For a
description of Support go to www.bmc.com/support_overview. BMC
may change its Support terms, to be effective upon Customer's support
anniversary date. BMC reserves the right to discontinue Support for a
Product where BMC generally discontinues such services to all licensees
of that Product. If Customer terminates Support and then re-enrolls in
Support, BMC may charge Customer a reinstatement fee.
23. ADDITIONAL TERMS. The following additional terms are
incorporated into this Agreement.
a. DEFINITIONS. Terms set forth below have the indicated meaning
for the next four Sections of this Agreement, regardless of whether they
are capitalized.
"Blade Server" is an all-inclusive computing system with a design
optimized to minimize physical space and heat. Blade servers contain
only the core computing components: processor and memory. They rely
on a blade enclosure to provide the non-core computing components:
power, storage, network switch, and basic I/O.
"Client" means a third party whose data is processed by Customer and is
only permitted if Customer is an authorized BMC service provider.
"Client Endpoint" means a laptop. desktop or other non-Server
Computer.
"Computer" or "Server" has the meaning generally given within the
computer industry, which is a single machine, whether a central
processing unit, such as a mainframe machine, or a distributed systems
machine (excluding Control-M and Mainview products), such as a Unix
or Intel based server. A mainframe machine would be an individual
mainframe computer having single or multiple processors or engines.
For purposes of distributed systems machines, a Computer or Server
may be physical or virtual.
"CPU" means a physical processor or central unit in a designated
Computer containing the logic circuitry that performs the instructions of
a Computer's programs. A CPU may contain one or more processor
cores.
"Device Endpoint" means a personal digital assistant or similar
computing device.
"Endpoint" means a Client Endpoint, a Device Endpoint, a Server
Endpoint, or Other Endpoint, as the case may be.
"Enterprise" is the environment consisting of all hardware owned or
leased by Customer in the Territory.
"Network Device" means a standalone or chassis-based network
device/card/processor.
"Node" means a network device (IP or non-IP) such as a router, switch
or Computer.
"Other Endpoint" means a router, a switch, a hub, or other network
device, peripheral or hardware instrument, as the case may be.
"Server Endpoint" means a Computer or other device that provides a
service for other Computers or devices connected to it via the Internet,
an extranet, an intranet, another network, or otherwise.
"Task" means an executable command containing the name of the JCL,
CL, DCL, ECL, script or dummy processes that will execute as well as
the scheduling criteria, flow control, resource usage.
b. UNITS OF MEASUREMENT. The following units of measurement
apply to certain Products.
per adapter: A license is required for each installation of an adapter that
interfaces with the Product.
per asset: A license is required for every physical or logical Server
Endpoint, Client Endpoint, Device Endpoint or Other Endpoint
monitored, managed or discovered by the Product.
per Cisco(TM) UCS Blade Server: A license is required for each Cisco
Unified Computing System (UCS) Blade Server on which the Product is
installed and/or manages regardless of whether the Product or one of its
components is installed on that Server.
per Client Endpoint: A license is required for each Client Endpoint.
per component: A license is required for all objects that represent a
physical or logical part of the service model.
per concurrent session: A license is required for the maximum number
of simultaneous sessions accessing the Product.
per concurrent user: A license is required for the maximum number of
individual employees or contractors of Customer to whom simultaneous
access has been granted to the Product on a computer or multiple
computers.
per CPU - Full Capacity: A license is required for the total number of
CPUs in each Computer upon which the Product is installed or which
the Product manages, either remotely or locally.
per CPU - Subcapacity: A license is required for all CPUs which the
Product manages, either remotely or locally.
per Device Endpoint: A license is required for each Device Endpoint.
per deployed robot: A license is required for all PATROL End-to-End
Response Timer robots deployed.
per engine: A license is required for each mainframe general purpose
engine on the server upon which the Product is installed and/or manages
regardless of whether the Product or one of its components is installed
on that Server.
per enterprise: A license is required per Customer or Client, or both, for
its internal use only, regardless of the number of times Customer installs
the Product in its Enterprise or its Client's Enterprise.
per gigabyte range: A license is required for the total allocated database
space per host ID or physical Computer which the Product is managing.
The Product may not be moved to another Computer unless the current
Computer is taken out of service. The total allocated database capacity
cannot be segregated or aggregated into lower or higher ranges among
different Computers. For example: if Customer licenses 26-50 gigabytes,
the Customer is only licensed for a maximum of 50 gigabytes in total
across all the databases of the licensed Product on one particular
Computer.
per installed server: A license is required for each Server (with a
Classification at the appropriate Tier level, if applicable) upon which the
Product or any of its components is installed.
per instance: A license is required for all named occurrences of the
Product created or installed in the Enterprise.
per Linux engine: A license is required for all engines of a mainframe
Computer on which Customer is running Linux, when applicable
classified by Linux Group using BMC's standard Computer
classification.
per managed component: A license is required for all objects that
represent a physical or logical part of the service model managed by the
Product.
per managed network device: A license is required for each Network
Devise managed using a unique IP-address.
per managed server: A license is required for each Server .managed by
the Product or one of its components wither locally or remotely. When
applicable, this license must be computed at the appropriate tier level
based on the cumulative count of managed servers. To be clear, in the
case of BMC Service and Impact management solutions, Network
Devices are not counted as Servers.
per MIPS: A license is required for the total aggregate number of MIPS
for each Computer, including all Computers coupled in a parallel
Sysplex environment, upon which (i) each OS/390 or z/OS subsystem
(e.g. IMS, DB2, CICS or VSAM) for which a Product Family is licensed
to operate (a "Subsystem") or (ii) each OS/390 or z/OS operating system
for which a Product Family is licensed to operate ("Operating System"),
has been installed, managed (Computer or data), monitored, or has
operated during the term of the applicable Order. MIPS Rating is the
aggregate computing power (expressed in millions of instructions per
second) of a Computer, using the MIPS rating set forth in the then
current Gartner Group Rating Guide. Computer-specific passwords will
be issued for the Product.
per monitored element: A license is required for all remotely monitored
elements, such as a Server, database, operating system, URL, firewall,
storage, or network device.
per monitored server: A license is required for each Server (with a
Classification at the appropriate Tier level, if applicable) which the
Product or one of its components is monitoring regardless of whether the
Product is monitoring it locally or remotely.
per named user/Fixed License: A license (with a Classification at the
appropriate Level, if applicable) is required for all individual employees
or contractors or clients of Customer to whom access has been granted
to the Product on a computer or multiple computers typically via the
issuance of a unique ID regardless of whether the individual is actively
using the Product at any given time.
per node: A license is required for the maximum number of Nodes
which the Product manages and/or monitors. .
per port: A license is required for the total port capacity of a managed
storage networking device regardless of whether the port is in service.
Storage networking devices typically include HBAs (Host Bus
Adapters), Storage Switches and Directors. The total port capacity
cannot be segregated or aggregated into lower or higher ranges.
per project: A license is required for each specific project, facility or
business unit, as the case may be specified at the time of order.
per Server Endpoint: A license is required for each Server Endpoint.
per site: A license is required for the physical site at which the Product
is installed regardless of the number of times the Product is installed.
per task: A license is required for the maximum number of Tasks loaded
into the daily CONTROL-M active environment in a 24-hour period
excluding any tasks that are provided for by licenses under alternative
Units of Measure (i.e. tier or MIPS). The numbers of steps or scripts
executed within the named Task shall have no bearing upon the number
of Tasks licensed - the sum total of the commands constitutes a single
Task. For CONTROL-M: Licensed tasks equal the maximum number of
tasks (as described above) loaded into the daily CONTROL-M active
environment. For CONTROL-M/Assist: Licensed tasks equal the
maximum number of tasks (as described above) that will interface a
third party scheduler with the CONTROL-M active environment.
Control-M/Assist may only be used to interface with the third party
scheduler and may not be used to schedule or manage batch processes
outside of the cross-scheduler dependencies. For Control-M/Tape,
Control-M/Restart, Control-O: Licensed tasks equal the maximum
number of tasks (as described above) licensed for or managed by
Control-M for z/OS as defined in the Control-M active environment.
For all other task based Products, the maximum number of tasks that the
Product is priced against, is measured as the maximum number of
CONTROL-M tasks.
per terabyte: A license is required for the total aggregate storage
capacity in the Enterprise.
per third-party software: A license is required for each installation of
the third-party software product that interfaces with the Product.
c. LICENSE ADDITIONS. Licenses to the following Products include
the indicated rights:
Additional License for BMC Service Desk Express Products: Customer
may make and operate 2 additional copies of the Product solely for
internal pre-production configuration and testing purposes.
BMC Capacity Management for Mainframes. Any BMC Capacity
Management for Mainframes Product and/or any BMC Performance
Analyzer for Mainframes, BMC Performance Predictor for Mainframes,
BMC Performance Perceiver for Mainframes, BMC Performance
Analyzer for Mainframe Applications and other related products that
may be released as part of the BMC Capacity Management for
Mainframes must be licensed for all Computer(s) within the mainframe
environment for which the Product or one of its components will process
data or execute functionality on behalf of, regardless of whether the
Product or one of its components is specifically installed on that
Computer. The Products may be installed on or moved to any
Computer(s) included in the licensed environment.
d. LICENSE RESTRICTIONS. The following restrictions apply to
certain Products.
Additional Restriction for BMC Service Desk Express Products: No
terms in any Business Objects or Crystal license agreement embedded
in the Product apply to the Product.
Additional Restriction for BMC Remedy Products: Customer may not
bypass, in any way, the use of a concurrent or named user license to
manage an update (including, without limitation, submitting a ticket to a
parallel form and then using workflow to perform the update without a
license).
BMC Capacity Management Products. Any BMC Capacity
Management Product, BMC Performance Assurance Product and/or any
other related Products that may be released as part of the BMC Capacity
Management solutions for distributed systems environments are licensed
to the Computer(s) for which the Products are initially assigned and may
not be reassigned to another Computer(s) unless the original
Computer(s) has been removed from service. "Removed from service"
or "out of service" is defined as no longer providing support for a
business application or workload. A license is required for all
Computers for which the Product or one of its components executes
functionality, either locally or remotely.
BMC Configuration Management Control Center Module Restriction for
BMC Configuration Management Products: Each "BMC CM Control
Center" License may only be used by Administrators for the project for
which it was licensed. An Administrator is defined as an employee with
access to or the right to use the administrative components of the
Product.
BMC Configuration Management Developers Kit Definition and
Restriction for BMC Configuration Management Products: A "BMC
CM Developers Kit" license allows Customer to embed the "SDK Run
Time Code" in unmodified object code form, into a single software
application developed by Customer to create an "SDK Client." "SDK
Run Time Code" means the unmodified object code files in the BMC
CM Product that are designated as re-distributable. "SDK Client" means
a software technology with e a principal purpose and functionality
substantially different than that of the SDK Run Time Code and that
uses only a BMC Desktop/Mobile Management Product, a BMC Device
Management Product and/or a BMC Server Management Product, as
applicable, to invoke the update functionality of the SDK Run Time
Code. An SDK Client may only be used on, or distributed to, licensed
Endpoints that are licensed separately by Customer., which licensed
Endpoints may be within or outside of Customer's organization.
BMC Identity Products:
* Internal User: If a Product name includes the term "Internal User," that
Product can only be used by Customer's employees (full time and part
time) and contractors whose information is being managed using the
BMC IdM tools. Information on these users will typically be found in
the HR database.
* External User: If a Product name includes the term "External User,"
that Product can only be used by Customer's business partners and
customers/ prospects whose information is being managed using the
BMC IdM tools or Customer's employees (full or part time)/contractors
who are licensed to use one or more of the following BMC Identity
Management Tools: (1) BMC Identity User Administration (2) BMC
Identity Password Management (3) BMC Identity Compliance Manager,
provided the users have no more than 2 logons (access points) being
managed by the IdM tools.
* Archive User: If a Product name includes the term "Archive User,"
that Product can only be used by users whose identity information is
stored within the IdM system but is not being actively managed; the
information could be stored for the purpose of audit/ forensics etc.
* Developer User: If a Product name includes the term "Developer
User," that Product can only be used by users who create or modify
applications using the BMC Directory Management Studio.
BMC Service Desk Express Suite Restriction for BMC Service Desk
Express Products: When purchasing Concurrent User licenses for the
"Service Desk Express" Product, regardless of the number of such
licenses purchased and regardless of the number of purchases made
(including future purchases), Customer is restricted via license keys to a
total of (i) five Concurrent Users conducting a process in the report
environment of the Crystal Reports "Web Server" product which is
embedded in the "Service Desk Express" Product and (ii) two named
users accessing the "Crystal Reports Professional" product which is
bundled with the "Service Desk Express" Product.
CONTROL-M/Assist: Control-M/Assist may only be used to interface
with the third party scheduler and may not be used to schedule or
manage batch processes outside of the cross-scheduler dependencies.
Desktop/Mobile Management Product Restrictions for BMC
Configuration Management Products: Each "Desktop/Mobile
Management" License is limited for use with one Client Endpoint.
* Desktop/Mobile Patch Management Restriction: A "Desktop/Mobile
Patch Management" License may only be used to manage, deploy,
update and inventory anti-virus software and security patches on one
Client Endpoint.
* Desktop/Mobile Patch Management Pack Restriction: The
Desktop/Mobile Application Management Product and the
Desktop/Mobile Configuration Discovery Product that are shipped with
the Desktop/Mobile Patch Management Pack License may only be used
to manage, deploy, update and inventory anti-virus software and security
patches on one licensed Client Endpoint, unless Customer has separately
licensed the Desktop/Mobile Application Management Product and the
Desktop/Mobile Configuration Discovery Product. Customer may not
use the functionality of such Products for any other purpose.
* BMC Configuration Management Desktop OS Management
Restriction: A "BMC CM Desktop OS Management" License may only
be used to manage operating system migration activities on one Client
Endpoint. Each BMC CM Desktop OS Management License: (a) may
only be used on a licensed Client Endpoint that is licensed for use with
both a Desktop/Mobile Application Management License and a
Desktop/Mobile Configuration Discovery License; and (b) may not be
redeployed or harvested to a different Client Endpoint.
* Extranet Application Management Restriction: An "Extranet
Application Management" License may only be used on one Client
Endpoint. The parties must mutually agree on the name of each Single
Application and its primary function at the time of Order. Single
Application is defined as a Tuner channel containing one application
with one primary function, and Tuner is defined as is the client
component of the Product configured by Customer for deployment on
licensed Endpoints.
Development License Restriction for BMC Remedy Products: If a
Product name includes the term "Dev Lsn", Customer will restrict
installation, access and use of such Product to a server dedicated to
development and testing only, and will not allow any production or
commercial activity on that server.
Device Management Product Restriction for BMC Configuration
Management Products: Each "Device Management" License is limited
for use with one Device Endpoint.
Hot Backup License Definition and Restriction for BMC Remedy
Products: A hot backup license is a replicate of the Remedy production
licenses on one backup server. Customer may access that backup server
only when the customary server on which the AR System is installed
fails or in preparation of that backup server for such situation.
Load Balanced System Restriction for BMC Remedy Products: If
Customer has multiple servers in a single logical environment pointing
to a single AR System database instance, only one Instance of Remedy
"per Instance" licenses is required for installation on these servers
(except for the AR System, which must be licensed for each server).
Server Management Product Restrictions for BMC Configuration
Management Products: Each "Server Management" License is limited
for use per CPU - Subcapacity.
* Server Patch Management Restriction: A "Server Patch Management"
License may only be used to manage, deploy, update and inventory anti-
virus software and security patches per CPU - Subcapacity.
* Server Patch Management Pack Restriction: The Desktop/Mobile
Application Management Product and the Desktop/Mobile
Configuration Discovery Product that are shipped with the Server Patch
Management Pack License may only be used to manage, deploy, update
and inventory anti-virus software and security patches on licensed
Server Endpoints, unless Customer has separately licensed the
Desktop/Mobile Application Management Product and the
Desktop/Mobile Configuration Discovery Product. Customer may not
use the functionality of such Products for any other purpose. With
respect to the above Server Management Licenses, Customer must
comply with any restrictions designated at the time of Order on the
maximum number of CPUs that may be included in each Server
Endpoint.
YOU AGREE THAT YOU HAVE READ THIS AGREEMENT AND
INTEND TO BE BOUND, AS IF YOU HAD SIGNED THIS
AGREEMENT IN WRITING. IF YOU ARE ACTING ON BEHALF
OF AN ENTITY, YOU WARRANT THAT YOU HAVE THE
AUTHORITY TO ACCEPT THE TERMS OF THIS AGREEMENT
FOR SUCH ENTITY.
DojoCopyright © 2005-2009, The Dojo Foundation; All rights reserved Copyright © 2005-2009, The Dojo 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:
* 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 Dojo Foundation 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 COPYRIGHT HOLDERS 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 COPYRIGHT OWNER 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.
JDOMCopyright © 2000-2004 Jason Hunter & Brett McLaughlin; All rights reserved opyright © 2000-2004 Jason Hunter & Brett McLaughlin.
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions, and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions, and the disclaimer that follows
these conditions in the documentation and/or other materials
provided with the distribution.
3. The name "JDOM" must not be used to endorse or promote products
derived from this software without prior written permission. For
written permission, please contact (request_AT_jdom_DOT_org).
4. Products derived from this software may not be called "JDOM", nor
may "JDOM" appear in their name, without prior written permission
from the JDOM Project Management (request_AT_jdom_DOT_org).
In addition, we request (but do not require) that you include in the
end-user documentation provided with the redistribution and/or in the
software itself an acknowledgement equivalent to the following:
"This product includes software developed by the
JDOM Project http://www.jdom.org/.
Alternatively, the acknowledgment may be graphical using the logos
available at http://www.jdom.org/images/logos.
THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT
CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
This software consists of voluntary contributions made by many
individuals on behalf of the JDOM Project and was originally
created by Jason Hunter (jhunter_AT_jdom_DOT_org) and
Brett McLaughlin (brett_AT_jdom_DOT_org). For more information
on the JDOM Project, please see http://www.jdom.org/.
PLYCopyright © 2001-2011 David M. Beazley PLY (Python Lex-Yacc) Version 3.4 Copyright © 2001-2011, David M. Beazley (Dabeaz LLC) 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 David Beazley or Dabeaz LLC may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS 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 COPYRIGHT OWNER 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. PythonCopyright © 1990-2010 Python Software Foundation; All rights reserved We apply patches to the Python 2.7.1 source to accomplish the following:
- Stop building of the bsddb module as we use the additional module
seperately
- Fix for http://bugs.python.org/issue1692335
- Replace calls from select to poll in the select module to
overcome limitations on maximum file descriptor number
This is the official license for the Python 2.7 release:
A. HISTORY OF THE SOFTWARE
==========================
Python was created in the early 1990s by Guido van Rossum at Stichting
Mathematisch Centrum (CWI, see http://www.cwi.nl) in the Netherlands
as a successor of a language called ABC. Guido remains Python's
principal author, although it includes many contributions from others.
In 1995, Guido continued his work on Python at the Corporation for
National Research Initiatives (CNRI, see http://www.cnri.reston.va.us)
in Reston, Virginia where he released several versions of the
software.
In May 2000, Guido and the Python core development team moved to
BeOpen.com to form the BeOpen PythonLabs team. In October of the same
year, the PythonLabs team moved to Digital Creations (now Zope
Corporation, see http://www.zope.com). In 2001, the Python Software
Foundation (PSF, see http://www.python.org/psf/) was formed, a
non-profit organization created specifically to own Python-related
Intellectual Property. Zope Corporation is a sponsoring member of
the PSF.
All Python releases are Open Source (see http://www.opensource.org for
the Open Source Definition). Historically, most, but not all, Python
releases have also been GPL-compatible; the table below summarizes
the various releases.
Release Derived Year Owner GPL-
from compatible? (1)
0.9.0 thru 1.2 1991-1995 CWI yes
1.3 thru 1.5.2 1.2 1995-1999 CNRI yes
1.6 1.5.2 2000 CNRI no
2.0 1.6 2000 BeOpen.com no
1.6.1 1.6 2001 CNRI yes (2)
2.1 2.0+1.6.1 2001 PSF no
2.0.1 2.0+1.6.1 2001 PSF yes
2.1.1 2.1+2.0.1 2001 PSF yes
2.2 2.1.1 2001 PSF yes
2.1.2 2.1.1 2002 PSF yes
2.1.3 2.1.2 2002 PSF yes
2.2.1 2.2 2002 PSF yes
2.2.2 2.2.1 2002 PSF yes
2.2.3 2.2.2 2003 PSF yes
2.3 2.2.2 2002-2003 PSF yes
2.3.1 2.3 2002-2003 PSF yes
2.3.2 2.3.1 2002-2003 PSF yes
2.3.3 2.3.2 2002-2003 PSF yes
2.3.4 2.3.3 2004 PSF yes
2.3.5 2.3.4 2005 PSF yes
2.4 2.3 2004 PSF yes
2.4.1 2.4 2005 PSF yes
2.4.2 2.4.1 2005 PSF yes
2.4.3 2.4.2 2006 PSF yes
2.4.4 2.4.3 2006 PSF yes
2.5 2.4 2006 PSF yes
2.5.1 2.5 2007 PSF yes
2.5.2 2.5.1 2008 PSF yes
2.5.3 2.5.2 2008 PSF yes
2.6 2.5 2008 PSF yes
2.6.1 2.6 2008 PSF yes
2.6.2 2.6.1 2009 PSF yes
2.6.3 2.6.2 2009 PSF yes
2.6.4 2.6.3 2009 PSF yes
2.6.5 2.6.4 2010 PSF yes
2.7 2.6 2010 PSF yes
Footnotes:
(1) GPL-compatible doesn't mean that we're distributing Python under
the GPL. All Python licenses, unlike the GPL, let you distribute
a modified version without making your changes open source. The
GPL-compatible licenses make it possible to combine Python with
other software that is released under the GPL; the others don't.
(2) According to Richard Stallman, 1.6.1 is not GPL-compatible,
because its license has a choice of law clause. According to
CNRI, however, Stallman's lawyer has told CNRI's lawyer that 1.6.1
is "not incompatible" with the GPL.
Thanks to the many outside volunteers who have worked under Guido's
direction to make these releases possible.
B. TERMS AND CONDITIONS FOR ACCESSING OR OTHERWISE USING PYTHON
===============================================================
PYTHON SOFTWARE FOUNDATION LICENSE VERSION 2
--------------------------------------------
1. This LICENSE AGREEMENT is between the Python Software Foundation
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or incorporates Python or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
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IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, PSF MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
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5. PSF SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
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8. By copying, installing or otherwise using Python, Licensee
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Agreement.
BEOPEN.COM LICENSE AGREEMENT FOR PYTHON 2.0
-------------------------------------------
BEOPEN PYTHON OPEN SOURCE LICENSE AGREEMENT VERSION 1
1. This LICENSE AGREEMENT is between BeOpen.com ("BeOpen"), having an
office at 160 Saratoga Avenue, Santa Clara, CA 95051, and the
Individual or Organization ("Licensee") accessing and otherwise using
this software in source or binary form and its associated
documentation ("the Software").
2. Subject to the terms and conditions of this BeOpen Python License
Agreement, BeOpen hereby grants Licensee a non-exclusive,
royalty-free, world-wide license to reproduce, analyze, test, perform
and/or display publicly, prepare derivative works, distribute, and
otherwise use the Software alone or in any derivative version,
provided, however, that the BeOpen Python License is retained in the
Software, alone or in any derivative version prepared by Licensee.
3. BeOpen is making the Software available to Licensee on an "AS IS"
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DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
4. BEOPEN SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY
DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
5. This License Agreement will automatically terminate upon a material
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6. This License Agreement shall be governed by and interpreted in all
respects by the law of the State of California, excluding conflict of
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create any relationship of agency, partnership, or joint venture
between BeOpen and Licensee. This License Agreement does not grant
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sense to endorse or promote products or services of Licensee, or any
third party. As an exception, the "BeOpen Python" logos available at
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7. By copying, installing or otherwise using the software, Licensee
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CNRI LICENSE AGREEMENT FOR PYTHON 1.6.1
---------------------------------------
1. This LICENSE AGREEMENT is between the Corporation for National
Research Initiatives, having an office at 1895 Preston White Drive,
Reston, VA 20191 ("CNRI"), and the Individual or Organization
("Licensee") accessing and otherwise using Python 1.6.1 software in
source or binary form and its associated documentation.
2. Subject to the terms and conditions of this License Agreement, CNRI
hereby grants Licensee a nonexclusive, royalty-free, world-wide
license to reproduce, analyze, test, perform and/or display publicly,
prepare derivative works, distribute, and otherwise use Python 1.6.1
alone or in any derivative version, provided, however, that CNRI's
License Agreement and CNRI's notice of copyright, i.e., "Copyright (c)
1995-2001 Corporation for National Research Initiatives; All Rights
Reserved" are retained in Python 1.6.1 alone or in any derivative
version prepared by Licensee. Alternately, in lieu of CNRI's License
Agreement, Licensee may substitute the following text (omitting the
quotes): "Python 1.6.1 is made available subject to the terms and
conditions in CNRI's License Agreement. This Agreement together with
Python 1.6.1 may be located on the Internet using the following
unique, persistent identifier (known as a handle): 1895.22/1013. This
Agreement may also be obtained from a proxy server on the Internet
using the following URL: http://hdl.handle.net/1895.22/1013".
3. In the event Licensee prepares a derivative work that is based on
or incorporates Python 1.6.1 or any part thereof, and wants to make
the derivative work available to others as provided herein, then
Licensee hereby agrees to include in any such work a brief summary of
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4. CNRI is making Python 1.6.1 available to Licensee on an "AS IS"
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DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
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INFRINGE ANY THIRD PARTY RIGHTS.
5. CNRI SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF PYTHON
1.6.1 FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS AS
A RESULT OF MODIFYING, DISTRIBUTING, OR OTHERWISE USING PYTHON 1.6.1,
OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
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7. This License Agreement shall be governed by the federal
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Virginia, excluding Virginia's conflict of law provisions.
Notwithstanding the foregoing, with regard to derivative works based
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8. By clicking on the "ACCEPT" button where indicated, or by copying,
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ACCEPT
CWI LICENSE AGREEMENT FOR PYTHON 0.9.0 THROUGH 1.2
--------------------------------------------------
Copyright (c) 1991 - 1995, Stichting Mathematisch Centrum Amsterdam,
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both that copyright notice and this permission notice appear in
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THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
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WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN
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Python Imaging LibraryCopyright © 1997-2009 by Secret Labs AB, 1995-2009 by Fredrik Lundh The Python Imaging Library is Copyright © 1997-2009 by Secret Labs AB Copyright © 1995-2009 by Fredrik Lundh By obtaining, using, and/or copying this software and/or its associated documentation, you agree that you have read, understood, and will comply with the following terms and conditions: Permission to use, copy, modify, and distribute this software and its associated documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appears in all copies, and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Secret Labs AB or the author not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. SECRET LABS AB AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL SECRET LABS AB OR THE AUTHOR BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE. Python win32 extensionsCopyright © 1994-2001, Mark Hammond; All rights reserved Unless stated in the specfic source file, this work is Copyright © 1994-2008, Mark Hammond 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 name of Mark Hammond nor the name of contributors may be used to endorse or promote products derived from this software without specific prior written permission. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS 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. Python-ldapCopyright © 2008, python-ldap project team The python-ldap package is distributed under Python-style license. Standard disclaimer: This software is made available by the author(s) to the public for free and "as is". All users of this free software are solely and entirely responsible for their own choice and use of this software for their own purposes. By using this software, each user agrees that the author(s) shall not be liable for damages of any kind in relation to its use or performance. The author(s) do not warrant that this software is fit for any purpose. $Id: LICENCE,v 1.1 2002/09/18 18:51:22 stroeder Exp $ Red HatCopyright © 2003 Red Hat, Inc. All rights reserved Copyright © 2003 Red Hat, Inc. All rights reserved. "Red Hat" and the Red
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omniORBCopyright © AT&T Laboratories Cambridge, Apasphere Ltd and others This is omniORB 4.1.5. omniORB is copyright Apasphere Ltd, AT&T Laboratories Cambridge and others. It is free software. The programs in omniORB are distributed under the GNU General Public Licence as published by the Free Software Foundation. See the file COPYING for copying permission of these programs. The libraries in omniORB are distributed under the GNU Lesser General Public Licence. See the file COPYING.LIB for copying permission of these libraries. We impose no restriction on the use of the IDL compiler output. The stub code produced by the IDL compiler is not considered a derived work of it. pexpectCopyright © 2006 Noah Spurrier Pexpect Copyright © 2008 Noah Spurrier Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. http://pexpect.sourceforge.net/ scriptaculousCopyright © 2005-2008 Thomas Fuchs Copyright (c) 2005-2008 Thomas Fuchs (http://script.aculo.us, http://mir.aculo.us) Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the .Software.), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED .AS IS., WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. http://madrobby.github.com/scriptaculous/license/ Other licensing termsSome portions of this software are covered by the Apache License All Open Source packages are available from BMC Software directly - please visit our support page to request them. |
