open_source_license.txt
VMware vCloud SDK for Java 5.5 GA
================================================================
The following copyright statements and licenses apply to various open
source software components (or portions thereof) that are distributed with
this VMware software products.
The VMware Product may also include other VMware components, which may contain additional open
source software packages. One or more such open_source_licenses.txt files may therefore
accompany this VMware Product.
The VMware product that includes this file does not necessarily use all the
open source software components referred to below and may also only use
portions of a given component.
=============== TABLE OF CONTENTS =============================
The following is a listing of the open source components detailed in this
document. This list is provided for your convenience; please read further if
you wish to review the copyright notice(s) and the full text of the license
associated with each component.
SECTION 1: Apache License, V2.0
>>> commons-codec-1.6
>>> commons-logging-1.1.1
>>> httpclient-4.2
>>> httpcore-4.2
SECTION 2: Mozilla Public License, V1.1
>>> amqp-client-2.8.6
APPENDIX. Standard License Files
>>> Apache License, V2.0
>>> Mozilla Public License, V1.1
--------------- SECTION 1: Apache License, V2.0 ----------
Apache License, V2.0 is applicable to the following component(s).
>>> commons-codec-1.6
Apache Commons Codec
Copyright 2002-2011 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
--------------------------------------------------------------------------------
src/test/org/apache/commons/codec/language/DoubleMetaphoneTest.java contains
test data from http://aspell.sourceforge.net/test/batch0.tab.
Copyright (C) 2002 Kevin Atkinson (kevina@gnu.org). Verbatim copying
and distribution of this entire article is permitted in any medium,
provided this notice is preserved.
--------------------------------------------------------------------------------
>>> commons-logging-1.1.1
The Commons Logging
Copyright 2003-2007 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
>>> httpclient-4.2
Apache HttpComponents HttpClient
Copyright 1999-2012 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
Licensed to the Apache Software Foundation (ASF) under one
or more contributor license agreements. See the NOTICE file
distributed with this work for additional information
regarding copyright ownership. The ASF licenses this file
to you under the Apache License, Version 2.0 (the
"License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing,
software distributed under the License is distributed on an
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, either express or implied. See the License for the
specific language governing permissions and limitations
under the License.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation. For more
information on the Apache Software Foundation, please see
.
>>> httpcore-4.2
Apache HttpComponents Core
Copyright 2005-2012 The Apache Software Foundation
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/).
This project contains annotations derived from JCIP-ANNOTATIONS
Copyright (c) 2005 Brian Goetz and Tim Peierls. See http://www.jcip.net
Licensed to the Apache Software Foundation (ASF) under one
or more contributor license agreements. See the NOTICE file
distributed with this work for additional information
regarding copyright ownership. The ASF licenses this file
to you under the Apache License, Version 2.0 (the
"License"); you may not use this file except in compliance
with the License. You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing,
software distributed under the License is distributed on an
"AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
KIND, either express or implied. See the License for the
specific language governing permissions and limitations
under the License.
====================================================================
This software consists of voluntary contributions made by many
individuals on behalf of the Apache Software Foundation. For more
information on the Apache Software Foundation, please see
.
--------------- SECTION 2: Mozilla Public License, V1.1 ----------
Mozilla Public License, V1.1 is applicable to the following component(s).
>>> amqp-client-2.8.6
The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License
at http:www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and
limitations under the License.
The Original Code is RabbitMQ.
The Initial Developer of the Original Code is VMware, Inc.
Copyright (c) 2007-2012 VMware, Inc. All rights reserved.
ADDITIONAL LICENSE INFORMATION:
> Apache 2.0
amqp-client-2.8.6-sources.jar\com\rabbitmq\tools\json\JSONReader.java
Copyright (c) 2006-2007 Frank Carver
Copyright (c) 2007-2012 VMware, Inc. All Rights Reserved
Licensed under the Apache License, Version 2.0 (the "License");
you may not use this file except in compliance with the License.
You may obtain a copy of the License at
http://www.apache.org/licenses/LICENSE-2.0
Unless required by applicable law or agreed to in writing, software
distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.
=============== APPENDIX. Standard License Files ==============
--------------- SECTION 1: Apache License, V2.0 -----------
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
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:
a. You must give any other recipients of the Work or Derivative Works
a copy of this License; and
b. You must cause any modified files to carry prominent notices stating
that You changed the files; and
c. 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
d. 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
--------------- SECTION 2: Mozilla Public License, V1.1 -----------
Mozilla Public License 1.1 (MPL 1.1)
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the
Covered Code available to a third party.
1.1. "Contributor" means each entity that creates or contributes to
the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code,
prior Modifications used by a Contributor, and the Modifications
made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the
combination of the Original Code and Modifications, in each case
including portions thereof.
1.4. "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.5. "Executable" means Covered Code in any form other than Source
Code.
1.6. "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by
Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions
thereof with code not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum
extent possible, whether at the time of the initial grant or
subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the
substance or structure of either the Original Code or any previous
Modifications. When Covered Code is released as a series of files,
a Modification is:
A. Any addition to or deletion from the contents of a file
containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or
previous Modifications.
1.10. "Original Code" means Source Code of computer software code
which is described in the Source Code notice required by Exhibit
A as Original Code, and which, at the time of its release under
this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or
hereafter acquired, including without limitation, method,
process, and apparatus claims, in any patent Licensable by
grantor.
1.11. "Source Code" means the preferred form of the Covered Code for
making modifications to it, including all modules it contains,
plus any associated interface definition files, scripts used to
control compilation and installation of an Executable, or source
code differential comparisons against either the Original Code or
another well known, available Covered Code of the Contributor's
choice. The Source Code can be in a compressed or archival form,
provided the appropriate decompression or de-archiving software
is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License
or a future version of this License issued under Section 6.1.
For legal entities, "You" includes any entity which controls, is
controlled by, or is under common control with You. For purposes
of this definition, "control" means (a) the power, direct or
indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than
fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. Source Code License.
2.1. The Initial Developer Grant.
The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer to use, reproduce,
modify, display, perform, sublicense and distribute the Original
Code (or portions thereof) with or without Modifications,
and/or as part of a Larger Work; and
(b) under Patents Claims infringed by the making, using or selling
of Original Code, to make, have made, use, practice, sell, and
offer for sale, and/or otherwise dispose of the Original Code
(or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: 1) for code that You delete from the Original Code;
2) separate from the Original Code; or 3) for infringements
caused by: i) the modification of the Original Code or ii) the
combination of the Original Code with other software or devices.
2.2. Contributor Grant.
Subject to third party intellectual property claims, each Contributor
hereby grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor, to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications
created by such Contributor (or portions thereof) either on
an unmodified basis, with other Modifications, as Covered Code
and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or
in combination with its Contributor Version (or portions of such
combination), to make, use, sell, offer for sale, have made,
and/or otherwise dispose of: 1) Modifications made by that
Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor
Version (or portions of such combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
on the date Contributor first makes Commercial Use of the
Covered Code.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: 1) for any code that Contributor has deleted from
the Contributor Version; 2) separate from the Contributor
Version; 3) for infringements caused by: i) third party
modifications of Contributor Version or ii) the combination
of Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices;
or 4) under Patent Claims infringed by Covered Code in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License.
The Modifications which You create or to which You contribute
are governed by the terms of this License, including without
limitation Section 2.2. The Source Code version of Covered Code
may be distributed only under the terms of this License or a future
version of this License released under Section 6.1, and You must
include a copy of this License with every copy of the Source Code
You distribute. You may not offer or impose any terms on any Source
Code version that alters or restricts the applicable version of
this License or the recipients' rights hereunder. However, You
may include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must
be made available in Source Code form under the terms of this
License either on the same media as an Executable version or via
an accepted Electronic Distribution Mechanism to anyone to whom
you made an Executable version available; and if made available
via Electronic Distribution Mechanism, must remain available for
at least twelve (12) months after the date it initially became
available, or at least six (6) months after a subsequent version
of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code
version remains available even if the Electronic Distribution
Mechanism is maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which You contribute to contain
a file documenting the changes You made to create that Covered
Code and the date of any change. You must include a prominent
statement that the Modification is derived, directly or indirectly,
from Original Code provided by the Initial Developer and including
the name of the Initial Developer in (a) the Source Code, and (b)
in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If Contributor has knowledge that a license under a third
party's intellectual property rights is required to exercise
the rights granted by such Contributor under Sections 2.1 or
2.2, Contributor must include a text file with the Source Code
distribution titled "LEGAL" which describes the claim and the
party making the claim in sufficient detail that a recipient
will know whom to contact. If Contributor obtains such knowledge
after the Modification is made available as described in Section
3.2, Contributor shall promptly modify the LEGAL file in all
copies Contributor makes available thereafter and shall take
other steps (such as notifying appropriate mailing lists or
newsgroups) reasonably calculated to inform those who received
the Covered Code that new knowledge has been obtained.
(b) Contributor APIs.
If Contributor's Modifications include an application
programming interface and Contributor has knowledge of patent
licenses which are reasonably necessary to implement that
API, Contributor must also include this information in the
LEGAL file.
(c) Representations.
Contributor represents that, except as disclosed pursuant to
Section 3.4(a) above, Contributor believes that Contributor's
Modifications are Contributor's original creation(s) and/or
Contributor has sufficient rights to grant the rights conveyed
by this License.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code. If it is not possible to put such notice in a
particular Source Code file due to its structure, then You must
include such notice in a location (such as a relevant directory)
where a user would be likely to look for such a notice. If You
created one or more Modification(s) You may add your name as a
Contributor to the notice described in Exhibit A. You must also
duplicate this License in any documentation for the Source Code
where You describe recipients' rights or ownership rights relating
to Covered Code. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or
more recipients of Covered Code. However, You may do so only on
Your own behalf, and not on behalf of the Initial Developer or
any Contributor.
You must make it absolutely clear than any such warranty, support,
indemnity or liability obligation is offered by You alone, and
You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer
or such Contributor as a result of warranty, support, indemnity
or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered Code,
and if You include a notice stating that the Source Code version
of the Covered Code is available under the terms of this License,
including a description of how and where You have fulfilled the
obligations of Section 3.2. The notice must be conspicuously
included in any notice in an Executable version, related
documentation or collateral in which You describe recipients'
rights relating to the Covered Code. You may distribute the
Executable version of Covered Code or ownership rights under a
license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms
of this License and that the license for the Executable version
does not attempt to limit or alter the recipient's rights in the
Source Code version from the rights set forth in this License.
If You distribute the Executable version under a different license
You must make it absolutely clear that any terms which differ
from this License are offered by You alone, not by the Initial
Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred
by the Initial Developer or such Contributor as a result of any
such terms You offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the
Larger Work as a single product. In such a case, You must make sure
the requirements of this License are fulfilled for the Covered Code.
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Code due to statute,
judicial order, or regulation then You must: (a) comply with the terms
of this License to the maximum extent possible; and (b) describe the
limitations and the code they affect. Such description must be included
in the LEGAL file described in Section 3.4 and must be included with
all distributions of the Source Code. Except to the extent prohibited
by statute or regulation, such description must be sufficiently
detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License.
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions.
Netscape Communications Corporation ("Netscape") may publish
revised and/or new versions of the License from time to time. Each
version will be given a distinguishing version number.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of
that version. You may also choose to use such Covered Code under
the terms of any subsequent version of the License published by
Netscape. No one other than Netscape has the right to modify the
terms applicable to Covered Code created under this License.
6.3. Derivative Works.
If You create or use a modified version of this License (which
you may only do in order to apply it to code which is not already
Covered Code governed by this License), You must (a) rename Your
license so that the phrases "Mozilla", "MOZILLAPL", "MOZPL",
"Netscape", "MPL", "NPL" or any confusingly similar phrase
do not appear in your license (except to note that your license
differs from this License) and (b) otherwise make it clear that
Your version of the license contains terms which differ from the
Mozilla Public License and Netscape Public License. (Filling in
the name of the Initial Developer, Original Code or Contributor
in the notice described in Exhibit A shall not of themselves be
deemed to be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to
cure such breach within 30 days of becoming aware of the breach. All
sublicenses to the Covered Code which are properly granted shall
survive any termination of this License. Provisions which, by
their nature, must remain in effect beyond the termination of this
License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim
(excluding declatory judgment actions) against Initial Developer or
a Contributor (the Initial Developer or Contributor against whom You
file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly
infringes any patent, then any and all rights granted by
such Participant to You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate
prospectively, unless if within 60 days after receipt of
notice You either: (i) agree in writing to pay Participant
a mutually agreeable reasonable royalty for Your past and
future use of Modifications made by such Participant, or (ii)
withdraw Your litigation claim with respect to the Contributor
Version against such Participant. If within 60 days of notice,
a reasonable royalty and payment arrangement are not mutually
agreed upon in writing by the parties or the litigation claim
is not withdrawn, the rights granted by Participant to You
under Sections 2.1 and/or 2.2 automatically terminate at the
expiration of the 60 day notice period specified above.
(b) any software, hardware, or device, other than such Participant's
Contributor Version, directly or indirectly infringes any
patent, then any rights granted to You by such Participant
under Sections 2.1(b) and 2.2(b) are revoked effective as of
the date You first made, used, sold, distributed, or had made,
Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant
alleging that such Participant's Contributor Version directly
or indirectly infringes any patent where such claim is resolved
(such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value of
any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all
end user license agreements (excluding distributors and resellers)
which have been validly granted by You or any distributor hereunder
prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE
LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
The Covered Code is a "commercial item," as that term is defined
in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
software" and "commercial computer software documentation," as
such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Code with
only those rights set forth herein.
11. MISCELLANEOUS.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable.
This License shall be governed by California law provisions (except to
the extent applicable law, if any, provides otherwise), excluding its
conflict-of-law provisions. With respect to disputes in which at least
one party is a citizen of, or an entity chartered or registered to do
business in the United States of America, any litigation relating to
this License shall be subject to the jurisdiction of the Federal Courts
of the Northern District of California, with venue lying in Santa
Clara County, California, with the losing party responsible for costs,
including without limitation, court costs and reasonable attorneys'
fees and expenses. The application of the United Nations Convention on
Contracts for the International Sale of Goods is expressly excluded.
Any law or regulation which provides that the language of a contract
shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly,
out of its utilization of rights under this License and You agree
to work with Initial Developer and Contributors to distribute such
responsibility on an equitable basis. Nothing herein is intended or
shall be deemed to constitute any admission of liability.
13. MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code
as Multiple-Licensed. Multiple-Licensed means that the Initial
Developer permits you to utilize portions of the Covered Code under
Your choice of the MPL or the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
EXHIBIT A -Mozilla Public License.
``The contents of this file are subject to the Mozilla Public License
Version 1.1 (the "License"); you may not use this file except in
compliance with the License. You may obtain a copy of the License at
http://www.mozilla.org/MPL/
Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specific
language governing rights and limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________.
Portions created by
______________________ are Copyright (C) ______
_______________________.
All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of
the _____ license (the [___] License), in which case the provisions of
[______] License are applicable instead of those above. If you wish
to allow use of your version of this file only under the terms of the
[____] License and not to allow others to use your version of this
file under the MPL, indicate your decision by deleting the provisions
above and replace them with the notice and other provisions required
by the [___] License. If you do not delete the provisions above,
a recipient may use your version of this file under either the MPL
or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text
of the notices in the Source Code files of the Original Code. You
should use the text of this Exhibit A rather than the text found in
the Original Code Source Code for Your Modifications.]
===========================================================================
To the extent any open source components are licensed under the
GPL and/or LGPL, or other similar licenses that require the
source code and/or modifications to source code to be made
available (as would be noted above), you may obtain a copy of
the source code corresponding to the binaries for such open
source components and modifications thereto, if any, (the
"Source Files"), by downloading the Source Files from VMware's website at
http://www.vmware.com/download/open_source.html, or by sending a request, with
your name and address to: VMware, Inc., 3401 Hillview Avenue,
Palo Alto, CA 94304,United States of America. All such
requests should clearly specify: OPEN SOURCE FILES REQUEST,
Attention General Counsel. VMware shall mail a copy of the
Source Files to you on a CD or equivalent physical medium. This
offer to obtain a copy of the Source Files is valid for three
years from the date you acquired this Software product. Alternatively,
the Source Files may accompany the VMware product.
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