License

CA, Inc.
("CA")
End User License Agreement (the "Agreement") for the CA software product that is
being installed as well as the associated documentation and any SDK, as defined
below, included within the product ("the Product").
Carefully read the following terms and conditions regarding your use of the Prod
uct before installing and using the Product. Throughout this Agreement, you wil
l be referred to as "You" or "Licensee."
By clicking on the "I agree" button below, you are
(I) Representing that you are not a minor, and have full legal capacity and have
the authority to bind yourself and your employer, as applicable, to the terms o
f this Agreement;
(II) Consenting on behalf of yourself and/or as an authorized representative of
your employer, as applicable, to be bound by this Agreement.
By clicking on the "I disagree" button below, the installation process will ceas
e.
1. CA (or where the Product is being supplied outside of North America the CA s
ubsidiary identified after Section 15 below for the country in which the Product
is being supplied, and in such instance CA shall mean the CA subsidiary identif
ied) provides Licensee with one copy of the Product, for use by a single user, o
r the quantity designated as the authorized use limitation ("Authorized Use Limi
tation") on any Order Form (defined below) referencing the terms of this Agreeme
nt or CD sleeve included within the Product box. CA licenses the Product to Lic
ensee on a non-exclusive basis, pursuant to the terms of this Agreement as well
as the terms of (a) any CA Order Form or Registration Form which has been signed
by Licensee and CA; or (b) a License Program Certificate which is provided by C
A to Licensee, as applicable (each hereafter referred to as the "Order Form").
2. If the Product is an alpha or beta version of the program, hereinafter refer
red to as the "beta program" or "beta version" and not generally available to da
te, CA does not guarantee that the generally available release will be identical
to the beta program or that the generally available release will not require re
installation. Licensee agrees that if it registers for support or if otherwise
required by CA, Licensee shall provide CA with specific information concerning L
icensee’s experiences with the operation of the Product. Licensee agrees and ackn
owledges that the beta version of the Product (a) is to be used only for testing
purposes and not to perform any production activities unless CA shall have othe
rwise approved in writing and (b) has not been tested or debugged and is experim
ental and that the documentation may be in draft form and will, in many cases, b
e incomplete. Licensee agrees that CA makes no representations regarding the co
mpleteness, accuracy or Licensee’s use or operation of the beta version of the Pro
duct. BETA PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR REP
RESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATIO
N, ANY WARRANTIES OR REPRESENTATIONS OF TITLE OR NON-INFRINGEMENT. If Licensee i
s also a Tester of the beta version of the Product (as "Tester" is defined by th
e Beta Testing Agreement that was agreed to by Licensee during the registration
process before obtaining the beta version of the Product), Licensee agrees that
the terms of this Agreement are in addition to, and do not supersede, the terms
of the Beta Testing Agreement.
3. If the Product is being licensed on a trial or evaluation basis, Licensee ag
rees to use the Product solely for evaluation purposes, in accordance with the u
sage restrictions set forth in Section 1, for a thirty-day evaluation period unl
ess a different period is otherwise noted (the "Trial Period"). At the end of t
he Trial Period, Licensee’s right to use the Product automatically expires and Lic
ensee agrees to de-install the Product and return to CA all copies or partial co
pies of the Product or certify to CA in writing that all copies or partial copie
s of the Product have been deleted from Licensee’s computer libraries and/or stora
ge devices and destroyed. If Licensee desires to continue its use of the Produc
t beyond the Trial Period, Licensee may contact CA to acquire a license to the P
roduct for the applicable fee. LICENSEE’S USE OF THE PRODUCT DURING THE TRIAL PER
IOD IS ON AN "AS IS" BASIS WITHOUT ANY WARRANTY, AND CA DISCLAIMS ALL WARRANTIES
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FI
TNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY EXPRESS WARRANTIES PROVIDED ELSEW
HERE IN THIS AGREEMENT.
4. If the Product includes a Software Development Kit ("SDK"), the terms and co
nditions of this paragraph apply solely for the use of the SDK. The SDK may inc
lude software, APIs and associated documentation. The SDK is provided solely fo
r Licensee s internal use to develop software that enables the integration of th
ird party software or hardware with the Product, or to develop software that fun
ctions with the Product, such as an agent. Licensee’s use of the SDK is restricte
d solely to enhance Licensee’s internal use of the Product. No distribution right
s of any kind are granted to Licensee regarding the Product. In addition to the
limitations on use set forth in Section 8, below, Licensee may not reproduce, d
isclose, market, or distribute the SDK or the documentation or any applications
containing any executable versions of the SDK to third parties, on the internet,
or use such executables in excess of the applicable Authorized Use Limitation.
If there is a conflict between the terms of this section and the terms of any o
ther section in this Agreement, the terms of this section will prevail solely wi
th respect to the use of the SDK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING
CONTAINED HEREIN TO THE CONTRARY, THE SDK IS PROVIDED AND LICENSED "AS IS" WITHO
UT WARRANTY OF ANY KIND.
5. Payment of the fees specified on the Order Form or as agreed between License
e and an authorized reseller of CA, shall entitle Licensee to use the Product fo
r the term specified on the Order Form (the "Term"), which use may include the r
ight to receive maintenance services therefore for the period set forth on the O
rder Form. All fees payable hereunder shall be payable in advance. Licensee wi
ll install each new release of the Product delivered to Licensee. After the Ter
m, continued usage and/or maintenance of the Product as provided herein shall be
subject to the payment by Licensee of the fees described on the Order Form. No
twithstanding the foregoing, if the Product was licensed under this Agreement wi
thout an Order Form, Licensee shall be entitled to use the Product for an indefi
nite period, but the license does not include the right to receive maintenance s
ervices. Notwithstanding the foregoing, with respect to any Product that relies
on continuous content updates, such as signature files and security updates, Lic
ensee shall be entitled to such content updates for a period of one (1) year fro
m the effective date of the license.
6. If maintenance is provided by CA, it shall be renewed annually as specified
in the Order form with CA. All fees are net of applicable taxes. Licensee agre
es to pay any tariffs, duties or taxes imposed or levied by any government or go
vernmental agency including, without limitation, federal, state and local, sales
, use, value added and personal property taxes, (other than franchise and income
taxes for which CA is responsible) upon a presentation of invoices by CA. Any
claimed exemption from such tariffs, duties or taxes must be supported by proper
documentary evidence delivered to CA. Any invoice which is unpaid by Licensee
when due shall be subject to an interest charge equal to the lower of 1.5% per m
onth or the highest applicable legal rate.
7. Licensee may use the Product as provided herein solely to process its own da
ta and the data of its majority-owned subsidiaries and use is restricted to the
location, computer equipment, and Authorized Use Limitation specified on the Ord
er Form or CD sleeve, as applicable. If Licensee desires to use the Product bey
ond such restrictions, it shall notify CA, and Licensee will be invoiced for and
shall pay the applicable fees for such expanded use.
8. The Product, including any source or object code that may be provided to Lic
ensee hereunder, as well as documentation, appearance, structure and organizatio
n, is the proprietary property of CA and/or its licensors, if any, and may be pr
otected by copyright, patent, trademark, trade secret and/or other laws. Title t
o the Product, or any copy, modification, translation, partial copy, compilation
, derivative work or merged portion of any applicable SDK, shall at all times re
main with CA and/or its licensors. Usage rights respecting the Product may not
be exchanged for any other CA product. The Product is licensed as a single prod
uct. Its component parts may not be separated for use. Licensee and its employe
es will keep the Product and the terms of this license strictly confidential and
use its best efforts to prevent and protect the Product from unauthorized discl
osure or use. Licensee may not (i) disclose, de-compile, disassemble nor otherwi
se reverse engineer the Product except to the extent the foregoing restriction i
s expressly prohibited under applicable law; (ii) create any derivative works ba
sed on the Product; (iii) use the Product to provide facilities management or in
connection with a service bureau or like activity whereby Licensee, without pur
chasing a license from CA for such purpose, operates or uses the Product for the
benefit of a third party who has not purchased a copy of the Product; or (iv) p
ermit the use of the Product by any third party without the prior written consen
t of CA. Licensee shall not release the results of any benchmark testing of the
Product to any third party without the prior written consent of CA. Licensee w
ill not transfer, assign, rent, lease, use, copy or modify the product, in whole
or in part, or permit others to do any of the foregoing with regard to the Prod
uct without CA’s prior written consent, except to the extent the foregoing restric
tion is expressly prohibited under applicable law. Licensee will not remove any
proprietary markings of CA or its licensors. Licensee may copy the Product as
reasonably required for back-up and disaster recovery purposes, provided that pr
oduction use of the Product is restricted to the Authorized Use Limitation speci
fied on the Order Form or CD sleeve, and provided that use of the Product for di
saster recovery testing shall be limited to one week in any three month period.
The Product may be used only within the boundaries of the country where the Pro
duct was purchased (except as otherwise provided on the Order Form) unless CA co
nsents otherwise in writing. If this license terminates for any reason, License
e shall certify to CA in writing that all copies and partial copies of the Produ
ct have been deleted from all computers and storage devices and are returned to
CA or destroyed and are no longer in use. Licensee shall comply with all releva
nt import and export regulations, including those adopted by the Office of Expor
t Administration of the US Department of Commerce. The Product and any accompan
ying documentation have been developed entirely at private expense. They are de
livered and licensed as "commercial item" "computer software" as defined in FAR
2.101. In the event Licensee is a U.S. Federal Government agency, the licensing
terms of CA s then current GSA FSS contract shall govern use of the Computer Pr
ogram(s), in lieu of the terms contained in the license delivered with the Progr
am(s). For such purposes, the term "Product" and "Computer Program" shall have
the same meaning hereunder. The Computer Program(s) was developed at private ex
pense, is commercial, and is published and copyrighted. Third parties purchasing
on behalf of a Federal Government agency shall only transfer the Computer Progr
am(s) to the Government with "Restricted Rights" as that term is defined in FAR
52.227-19(c)(2) or DFAR 252.227-7015, and in accordance with CA s then current G
SA FSS contract. All Software is provided FOB shipping point or electronic deliv
ery. Acceptance is waived and deemed to have occurred at the earliest of point
of physical shipment or delivery of keys/access codes for electronic delivery.
CA is the manufacturer of the Product.
This Agreement shall be governed by and interpreted in accordance with the laws
of the State of New York, without regard to its choice of law provisions.
9. CA warrants that it can enter into this Agreement and that it will indemnify
, hold Licensee harmless, and defend or, at its option, settle any claim that CA
is not so authorized or that Licensee’s use of the Product as authorized hereby i
nfringes any patent, copyright or other intellectual property right of any third
party. CA also warrants that the Product will operate in accordance with its p
ublished specifications, provided that CA’s only responsibility will be to use rea
sonable efforts, consistent with industry standards, to cure any defect. The fo
regoing warranty respecting the operation of the Product will be in effect only
during any period for which Licensee shall have paid the applicable license fee
and annual maintenance fee, or, with respect to Products licensed without an Ord
er Form, during a period of ninety (90) days from Licensee’s acquisition of licens
e for the Product. If, within a reasonable time after receiving Licensee’s writte
n notice of breach of either of the above warranties, CA is unable to cause the
Product to operate (a) without infringing a third party’s intellectual property ri
ghts, or (b) in accordance with CA’s written specifications, then either party may
terminate this Agreement on written notice to the other party and CA or the aut
horized reseller will refund the relevant license fees paid for such non-complia
nt Product only when Licensee returns the Product to CA or its authorized resell
er from whom it obtained the Product, with the purchase receipt within the warra
nty period noted above. The warranties set forth in this Section do not apply t
o beta versions of the Product, Product licensed on a trial or evaluation basis
or to Software Development Kits.
10. EXCEPT AS SET FORTH ABOVE, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW:
(I) NO OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATI
ON, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPO
SE, ARE MADE BY CA;
(II) IN NO EVENT WILL CA BE LIABLE TO LICENSEE OR ANY OTHER PARTY FOR ANY CLAIM
FOR LOSS, INCLUDING TIME, MONEY, GOODWILL, AND CONSEQUENTIAL DAMAGES, WHICH MAY
ARISE FROM THE USE, OPERATION OR MODIFICATION OF THE PRODUCT, EVEN IF CA HAS BEE
N ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT THE ABOVE LIABI
LITY LIMITATION IS FOUND TO BE INVALID UNDER APPLICABLE LAW, THEN CA’S LIABILITY F
OR SUCH CLAIM SHALL BE LIMITED TO THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID FO
R THE PRODUCT BY LICENSEE. NO THIRD PARTY, INCLUDING AGENTS, DISTRIBUTORS, OR A
UTHORIZED CA RESELLERS IS AUTHORIZED TO MODIFY ANY OF THE ABOVE WARRANTIES OR MA
KE ANY ADDITIONAL WARRANTIES ON BEHALF OF CA. CA DOES NOT WARRANT THAT THE PRODU
CT WILL MEET LICENSEE’S REQUIREMENTS OR THAT USE OF THE PRODUCT WILL BE UNINTERRUP
TED OR ERROR FREE.
11. Licensee may assign this Agreement only if Licensee complies with CA’s then p
revailing policies respecting assignment of licenses, which includes a requireme
nt that the scope of use of the Product not be expanded beyond the business of L
icensee and the business of Licensee’s majority-owned subsidiaries. CA may assign
this Agreement to any third party that succeeds to CA’s interests in the Product
and assumes the obligations of CA hereunder; and CA may assign its right to paym
ent hereunder or grant a security interest in this Agreement or such payment rig
ht to any third party.
12. If Licensee breaches any term of this Agreement or if Licensee becomes inso
lvent or if bankruptcy or receivership proceedings are initiated by or against L
icensee, CA shall have the right to withhold its own performance hereunder and/o
r to terminate this Agreement immediately and, in addition to all other rights o
f CA, all amounts due or to become due hereunder will immediately be due and pay
able to CA.
13. If Licensee fails to pay the applicable maintenance fee, then Licensee may
reinstate maintenance thereafter by paying to CA a fee equal to 150% of CA’s then
prevailing maintenance fee for each year for which the maintenance fee has not b
een paid.
14. If a court holds that any provision of this Agreement to be illegal, invali
d or unenforceable, the remaining provisions shall remain in full force and effe
ct. No waiver of any breach of this Agreement shall be a waiver of any other bre
ach, and no waiver shall be effective unless made in writing and signed by an au
thorized representative of the waiving party. Any questions concerning this Agr
eement should be referred to CA, Inc., One CA Plaza, Islandia, NY 11749, Attenti
on: Worldwide Law Department.
15. In the event Licensee acquires a license for the Product outside of the Uni
ted States, the following Sections will apply to the use of the Product:
Notwithstanding the terms of the last sentence of Section 8, the laws of the cou
ntry in which Licensee acquires a license for the Product shall govern this Agre
ement, except as otherwise provided below.
In Albania, Armenia, Belarus, Bosnia/Herzegovina, Bulgaria, Croatia, Georgia, Hu
ngary, Kazakhstan, Kirghizia, Former Yugoslav Republic of Macedonia (FYROM), Mol
dova, Romania, Russia, Slovak Republic, Slovenia, and Ukraine, the laws of Austr
ia govern this Agreement.
Argentina
The CA subsidiary that is the licensor is Computer Associates de Argentina S.A.
The last sentence of Section 8 is deleted and replaced with:
of Argentina. Any dispute hereunder shall be determined by the Tribunales de la
Cuidad de Buenos Aires.
Any questions concerning this Agreement should be referred to Computer Associate
s de Argentina S.A, Avenida Alicia Moreau de Justo, 400, 2 piso, 1107, Buenos Ai
res - At.: Finance Department.
Australia
The CA subsidiary that is the licensor is Computer Associates Pty. Ltd.
The following is added to each of the end of Sections 2, 3 and 10:
Although CA specifies that there are no warranties, Licensee may have certain ri
ghts under the Trade Practices Act 1974 and other state and territory legislatio
n which may not be excluded but may be limited. To the full extent permitted by
law CA excludes all terms not expressly set out in the express terms of this Ag
reement, and limits any terms imposed by the Trade Practices Act 1974 and other
state and territory legislation to the full extent permitted by the applicable l
egislation.
The laws of the State or Territory in which the transaction is performed govern
this Agreement.
The following is added to Section 10:
Where CA is in breach of a condition or warranty implied by the Trade Practices
Act 1974 or other state and territory legislation, CA s liability is limited, in
the case of goods, to the repair or replacement of the goods, or payment for th
e repair or replacement of the goods, and in the case of services, the supplying
of the services again or payment for the re-supply of the services, as CA may e
lect. Where that condition or warranty relates to a right to sell, quiet posses
sion or clear title, in respect of goods or if the goods supplied by CA are of a
kind ordinarily acquired for personal, domestic or household use or consumption
, then none of the limitations in this Section apply.
Austria
The laws of Austria govern this Agreement. The following is added to Section 8:
In addition, CA is entitled to bring action against Licensee in a court located
in Licensee’s place of incorporation, establishment or permanent residence.
Any liability for the slight negligence of CA is excluded.
The following is added to the Agreement:
In the event the Licensee qualifies as a consumer according to Austrian Consumer
Protection Act ("Konsumentenschutzgesetz" -"KSchG") Sections 2, 3, 9 and 10 of
this Agreement are not applicable to the extent they reduce CA’s liability and the
consumer’s warranty.
Belgium
The CA subsidiary that is the licensor is Computer Associates S.A./N.V.
The courts of CA’s registered office shall have exclusive jurisdiction regarding a
ny dispute that may arise between the parties dealing with the formation, execut
ion, interpretation, or termination of this Agreement, including but not limited
to measures of conservation, emergency proceedings, warranty proceedings, petit
ion or in case of more than one defendant.
The last sentence of Section 14 are deleted and replaced with:
Any question concerning this Agreement should be referred to Computer Associates
S.A./N.V., Da Vincilaan 11, Box F2, Building Figueras, B-1935 Zaventem, Attenti
on: Worldwide Law Department.
Brazil
The CA subsidiary that is the licensor is CA Programas de Programas de Computado
r Ltda.
of Brazil. Any dispute hereunder shall be determined by a court of the São Paulo
City Hall.
Any questions concerning this Agreement should be referred to CA Programas de Pr
ogramas de Computador Ltda, Avenida das Nações Unidas, 12901 - 6 andar - Torre Norte
- São Paulo - SP, 04578-000, At.: Worldwide Law Department.
Canada
The CA subsidiary that is the licensor is Computer Associates Canada Company.
The laws in the Province of Ontario shall govern this Agreement.
Chile
The CA subsidiary that is the licensor is Computer Associates de Chile S.A.
of Chile. Any dispute hereunder shall be determined by the Tribunales Ordinario
s de la Cuidad de Santiago.
s de Chile S.A, Avenida Providencia 1760, piso 15 - Edificio Palladio, oficina 1
501 - 6640709 Providencia - Santiago - At.: Finance Department.
China
The CA subsidiary that is the licensor is CA (China) Co., Ltd.
The second sentence of Section 6 is deleted and replaced with:
All fees are inclusive of VAT.
of the People’s Republic of China, without regard to its choice of law provisions.
Any dispute hereunder shall be determined by a competent court located in Beij
ing.
Colombia
The CA subsidiary that is the licensor is Computer Associates de Colombia S.A.
of Colombia. Any dispute hereunder shall be determined by the Tribunales Ordina
rios de la Cuidad de Bogotá.
s de Colombia S.A, Avenida 82, numero 12-18, Oficina 305 - Santa Fé de Bogotá, D.C.,
Colombia - At.: Finance Department.
Czech Republic
The first sentence of Section 1 is deleted and replaced with:
CA grants the Licensee a non-exclusive license to use the Product, for use by a
single user, or the quantity designated as the authorized use limitation ("Autho
rized Use Limitation") on any Order Form (defined below) referencing the terms o
f this Agreement or CD sleeve included within the Product box.
of the Czech Republic, without regard to its choice of law provisions. Any disp
ute hereunder shall be determined by a court of competent jurisdiction within th
e Czech Republic.
Section 10 is deleted and replaced with:
Except as set forth above, to the full extent permitted by applicable law, no ot
her warranties, whether express or implied, including, without limitation, the i
mplied warranties of merchantability and fitness for a particular purpose, are m
ade by CA.
Denmark
The CA subsidiary that is the licensor is Computer Associates Scandinavia A/S.
The third paragraph of the Preamble is deleted and replaced with:
By installing, copying or using the product or by clicking on the "I agree" butt
on below, you are:
(I) Representing that you are not a minor and have full legal capacity and have
the authority to bind yourself and your employer, as applicable, to the terms of
this Agreement;
(II) Consenting on behalf of yourself and/or as an authorized representative.
The following is added to the last paragraph of the Preamble:
In the event that you click on the "I disagree" button below, the installation s
hall cease. You should delete all copies of the Product from your computer syst
ems and return, by registered first class post, the Product, complete with box a
nd any documentation, to CA or the authorized reseller from whom you purchased t
he Product with your proof of purchase within thirty (30) days of the date of pu
rchase. You will promptly be issued a full refund of any license fees paid for
the Product and, if applicable, maintenance fees paid. If requested at the time
of return and provided that receipts of costs incurred are provided, CA or the
authorized reseller shall also refund to you any postage costs you incurred in r
eturning the Product.
The second to last sentence of Section 2 is deleted and replaced with:
Beta products are provided on an "as is" basis, without warranties or representa
tions of any kind, either express or implied including, without limitation, any
warranties, conditions or representations of merchantability or satisfactory qua
lity and fitness for a particular purpose, as well as any express warranties pro
vided elsewhere in this Agreement.
Licensee’s use of the product during the trial period is on an "as is" basis witho
ut any warranty, and CA disclaims all warranties including, without limitation,
any implied warranties or conditions of merchantability or satisfactory quality
and fitness for a particular purpose, as well as any express warranties provided
elsewhere in this Agreement.
The seventh sentence of Section 8 is deleted and replaced with:
Licensee may not:
(I) Disclose, de-compile, disassemble nor otherwise reverse engineer the Product
save to the extent expressly permitted by law;
(II) Create any derivative works based on the Product;
(III) Use the Product in connection with a service bureau or like activity where
by Licensee, without purchasing a license from CA for such purpose, operates or
uses the Product for the benefit of a third party who has not purchased a copy o
f the Product;
(IV) Permit the use of the Product by any third party without the prior written
consent of CA, save for contract staff of the Licensee who are acting on the Lic
ensee’s business, not engaged in facilities management and who the Licensee agrees
as a condition of this Agreement to ensure such contract staff shall comply wit
h all the terms of this Agreement, including without limitation, confidentiality
provisions.
Section 10. (A) is deleted and replaced with:
No other warranties, whether express or implied, including, without limitation,
any implied warranties or conditions of merchantability, satisfactory quality an
d fitness for a particular purpose, are made by CA; and
The following is added at the end of Section 10:
The foregoing exclusions and limitations upon liability shall not apply to any l
iability for damages arising from:
a. Tangible property damage to the extent that such is due to the negligence of
an employee or authorized agent of CA, in which event CA’s maximum liability shall
be limited to $1,000,000 for each event or series of events;
b. Death or personal injury caused by the negligence of an employee or authorize
d agent of CA.
France
The CA subsidiary that is the licensor is CA S.A.
The Commercial Court of Paris shall have exclusive jurisdiction regarding any di
spute that may arise between the parties dealing with the formation, execution,
interpretation, or termination of this Agreement, including but not limited to m
easures of conservation, emergency proceedings, warranty proceedings, petition o
r in case of more than one defendant.
Any question concerning this Agreement should be referred to CA S.A. Immeuble Ex
-Libris, 25 quai du Président Paul Doumer, 92408 COURBEVOIE Cedex, Attention: Worl
dwide Law Department.
Germany
The CA subsidiary that is the licensor is CA Computer Associates GmbH.
Section 6 of the Agreement is deleted.
The twelfth sentence of Section 8 is deleted. The sixteenth sentence of Section
8 is deleted and replaced with:
Licensee shall comply with all relevant import and export regulations, including
those adopted by the Office of Export Administration of the US Department of Co
mmerce, any competent EU government and German export regulations. Licensee und
erstands and acknowledges that US, EU and German restrictions vary regularly and
, depending on Product, Licensee must refer to then current US, EU or German reg
ulations.
CA shall not be liable for any infringement based upon use of other than an unal
tered release of the Product unless altered with CA s prior written consent.
In case of (i) willful misconduct, no limitation of liability applies;(ii) perso
nal injury or damage to property, CA’s liability to Licensee is limited to the max
imum amount that CA will recover under its insurance policies; (iii) gross negli
gence that results in other damage than personal injury or damage to property, C
A’s liability to Licensee shall be limited to an amount equal to the license fee f
or the Product; (iv) negligence that results in damages other than personal inj
ury or damage to property, CA’s liability to Licensee shall be limited to an amoun
t equal to fifty percent (50%) of the license fee for the Product. Notwithstandi
ng the foregoing, the aggregated liability according to (iii) and (iv) above sha
ll never exceed an amount equal to the purchase price of the Product. Except in
case of willful misconduct or gross negligence, neither party shall be liable t
o the other for indirect, incidental, special or consequential damage, including
but not limited to harm to services supplied by Licensee, or loss of business,
loss of profit, or loss of data, arising out of or in connection with the implem
entation or the use of the Product. No actions, regardless of form, arising out
of this Agreement may be brought by either party more than three (3) years afte
r the cause of action has arisen, or, in the cause of non-payment, more than thr
ee (3) years from the date of the relevant invoice. Neither party shall be liabl
e for delay in performing or failure to perform any of its obligations under thi
s Agreement if the delay or failure results from events or circumstances outside
its reasonable control. Such delay or failure shall not constitute a breach of
this Agreement and time for performance shall be extended by time equivalent to
the length of the delay caused by force majeure.
Greece
The CA subsidiary that is the licensor is Computer Associates Hellas Ltd.
Any dispute hereunder shall finally be determined by Athens Courts.
Hong Kong
The CA subsidiary that is the licensor is CA (Hong Kong) Limited.
of Hong Kong. The courts of Hong Kong will have sole and exclusive jurisdiction
with respect to any disputes arising out of this Agreement.
The following is added at the end of Section 10: The aforementioned liability li
mitation and the aforementioned maximum liability amount will not affect or prej
udice the statutory rights of the licensee under the sale of goods ordinance, th
e supply of services (implied terms) ordinance or the control of exemption secti
ons ordinance, nor will they limit or exclude any liability for death or persona
l injury solely caused by CA s negligence.
India
The CA subsidiary that is the licensor is CA Computer Associates India Pvt. Ltd.
This Agreement and the terms hereof shall be governed and construed in accordanc
e with the laws of India and the courts of Mumbai shall have sole and exclusive
jurisdiction with respect to any disputes arising out of this Agreement.
Indonesia
This Agreement and the terms hereof shall be governed and construed in accordanc
e with the laws of Indonesia. The courts of Indonesia, located in Jakarta, will
have the sole and exclusive jurisdiction with respect to any disputes arising o
ut of this Agreement.
Section 9 is amended by adding the following:
Licensee represents that Licensee (i) has full corporate power and authority; an
d (ii) is legally capable to execute, deliver and perform this Agreement. CA an
d Licensee agree to waive any provisions, procedures and operation of any applic
able law to the extent that a court order is required for termination of this Ag
reement.
Israel
The CA subsidiary that is the licensor is CA Computer Associates Israel Ltd.
Any dispute hereunder shall finally be determined by Tel Aviv Courts.
Italy
The CA subsidiary that is the licensor is Computer Associates S.p.A.
According to article 1341 and 1342 of the Italian Civil Code, the Licensee expre
ssly accepts the terms and conditions included in Sections 6 (specifically the i
nterest rate set forth in the last sentence), 8 and 9.
Any dispute hereunder shall finally be determined by Milan Courts.
Japan
The CA subsidiary that is the licensor is CA Japan, Ltd.
The third sentence of Section 6 is deleted and replaced with:
Licensee agrees to pay any tariffs, duties or taxes imposed or levied by any gov
ernment or governmental agency other than the taxes for which CA is responsible
upon a presentation of invoices by CA.
of the country of Japan, without regard to its choice of law provisions. Any di
spute hereunder shall finally be determined by Tokyo District Court located in T
okyo Japan.
Any questions concerning this Agreement should be referred to CA Japan, Ltd., 2-
1-1, Nishishinjyuku, Shinjyuku-ku, Tokyo, 163-0439, Japan, Attention: Worldwide
Law Department.
Korea
The CA subsidiary that is the licensor is CA Korea Inc., Ltd.
of Republic of Korea, without regard to its choice of law provisions.
Any questions concerning this Agreement should be referred to CA Korea Inc., Ltd
, City Air Tower (18th Fl.), 159-9, Samsung-Dong, Kangnam-Ku, Seoul 135-973 Kore
a, Attention: Worldwide Law Department.
Lybia, Egypt, Lebanon, Jordan, Iraq, Kingdom of Saudi Arabia, Kuwait, Qatar, Uni
ted Arab Emirates, Oman, Yemen and Pakistan
The CA subsidiary that is the licensor is CA Arabia FZ-LLC
This Agreement shall be interpreted according to, and governed by, the Laws of D
ubai and the Federal Laws of the United Arab Emirates.
Any disputes shall be finally settled by arbitration in accordance with the Rule
s of Commercial Conciliation and Arbitration of the Dubai Chamber of Commerce &
Industry, which Rules are deemed to incorporate reference to this Clause. The p
lace of arbitration shall be Dubai. The arbitration proceedings and award shall
be conducted and written in the English language. Judgment upon the award rende
red may be executed by any court having jurisdiction, or application may be made
to such court for a judicial recognition of the award or any order of enforceme
nt thereof, as the case may be. The award of the arbitration shall be the sole a
nd exclusive remedy between the parties regarding any and all claims and counter
claims presented to the arbitrators.
Malaysia
The CA subsidiary that is the licensor is Computer Associates (M) Sdn. Bhd.
of Malaysia. The courts of Malaysia will have sole and exclusive jurisdiction w
ith respect to any disputes arising out of this Agreement.
Although CA specifies that there are no other warranties, Licensee may have cert
ain rights under the Consumer Protection Act 1999 and the warranties are only li
mited to the extent permitted by the applicable legislation.
Mexico
The CA subsidiary that is the licensor is Computer Associates de México S.A. de C.
V.
of México. Any dispute hereunder shall be determined by the Tribunales de la Cuid
ad de México.
s de México S.A. de C.V, Avenida Jaime Balmes, 8 - Piso 4 - Oficina 403 - Col. Los
Morales - Polanco , 11510 - Mexico - DF - At.: Finance Department.
Netherlands
The CA subsidiary that is the licensor is Computer Associates B.V.
on below, you are
this Agreement;
Licensee may not
by Licensee, without purchasing a license for such purpose from CA, operates or
f the Product;
as a condition of this Agreement to ensure that such contract staff shall compl
y with all the terms of this Agreement, including without limitation, confidenti
ality provisions.
Section 10.(A) is deleted and replaced with:
d fitness for a particular purpose, are made by CA.
d agent of CA, or
c. Willful misconduct or gross negligence of CA.
New Zealand
The CA subsidiary that is the licensor is CA Pacific (NZ) Ltd.
Notwithstanding the final sentence of Section 6, the applicable interest charge
on invoices unpaid by Licensee is 1.5% per month.
of New Zealand. The courts of New Zealand will have sole and exclusive jurisdic
tion with respect to any disputes arising out of this Agreement.
Although CA specifies that there are no warranties, Licensee may have certain ri
ghts under the Consumer Guarantees Act 1993 or other legislation which cannot be
excluded or limited. The Consumer Guarantees Act 1993 will not apply in respec
t of any goods or services which CA supplies, if Licensee acquires the goods and
services for the purposes of a business as defined in that Act. Where the Prod
uct is not acquired for the purposes of a business as defined in the Consumer Gu
arantees Act 1993, the limitations in this Section are subject to the limitation
s in that Act.
CA’s rights under this Section shall also apply if any resolution is passed or pro
ceedings are commenced for the liquidation or winding up of Licensee.
Norway
The CA subsidiary that is the licensor is Computer Associates Norway AS.
on below, you are:
this Agreement;
Licensee may not:
by Licensee, without purchasing a license from CA for such purpose, operates or
f the Product;
ality provisions.
be limited to $1,000,000 for each event or series of events.
d agent of CA.
Peru
The CA subsidiary that is the licensor is Computer Associates de Peru S.A.
of Peru. Any dispute hereunder shall be determined by the Tribunales Ordinarios
de La Cuidad de Lima.
s de Peru S.A, Avenida Paseo de La Republica, 3211, Piso 11, San Isidro, Lima 27
, Peru - At.: Finance Department.
Philippines
The CA subsidiary that is the licensor is Philippine Computer Associates Interna
tional Inc.
The first seven sentences of Section 8 are deleted and replaced with:
Title to the Product and all modifications thereto shall remain with CA. The Pr
oduct is a trade secret and the proprietary property of CA or its licensors. Us
age rights respecting the Product may not be exchanged for any other CA product.
Licensee and its employees will keep the Product and the terms of this Agreeme
nt strictly confidential. To the maximum extent permitted by applicable law, Li
censee will not disclose, de-compile, disassemble nor otherwise reverse engineer
the Product.
of the Philippines. The courts of Makati City will have sole and exclusive juri
sdiction with respect to any disputes arising out of this Agreement.
If Licensee breaches any term of this Agreement or if Licensee becomes insolvent
or if bankruptcy or receivership proceedings are initiated by or against Licens
ee, CA shall have the right to withhold its own performance hereunder and/or to
terminate this Agreement immediately upon notice and, in addition to all other r
ights of CA, all amounts due or to become due hereunder will immediately be due
and payable to CA.
Poland
If payments are to be made in PLN, the last sentence of Section 6 is replaced as
follows:
Any invoice which is unpaid by Licensee when due shall be subject to an interest
charge equal to the lower of 1.5% per month or the statutory delay interest rat
e then applicable in Poland.
The laws of Poland govern this Agreement.
If Licensee breaches any term of this Agreement or if Licensee becomes insolvent
or if bankruptcy or receivership proceedings are initiated by or against Licens
ee, CA shall have the right to withhold its own performance hereunder and/or, to
the extent permitted by the applicable law, to terminate this Agreement immedia
tely and, in addition to all other rights of CA, all amounts due or to become du
e hereunder will immediately be due and payable to CA.
Portugal
Any dispute hereunder shall finally be determined by Lisbon Courts.
Singapore
The CA subsidiary that is the licensor is Computer Associates Pte. Ltd.
of Singapore. The courts of Singapore will have sole and exclusive jurisdiction
with respect to any disputes arising out of this Agreement.
The following is added to the end if Section 9:
To the full extent permitted by applicable law, CA disclaims all implied conditi
ons or warranties of satisfactory quality or fitness for purpose.
The limitation of liability set forth in this Section above will not apply to an
y breach of CA’s obligations implied by Section 12 of the Sales of Goods Act (Cap
393). In addition, if you are a consumer, the limitation of liability will not
apply to any breach of CA’s obligations implied by Sections 13, 14 or 15 of the Sa
le of Goods Act (Cap 393).
Sweden
The CA subsidiary that is the licensor is Computer Associates Sweden AB.
on below, you are:
this Agreement;
Licensee may not:
by Licensee, without purchasing a license from CA for that purpose, operates or
f the Product;
as condition of this Agreement to ensure that such staff shall comply with all
the terms of this Agreement, including without limitation, confidentiality provi
sions.
d agent of CA;
Switzerland
The place of performance of any duties of CA under this Agreement is Islandia, N
ew York.
Any dispute hereunder shall be determined by a court of competent jurisdiction w
ithin the state of New York, U. S. A.
Taiwan
The CA subsidiary that is the licensor is CA (Taiwan) Ltd.
The second sentence of Section 6 is deleted and replaced with:
All fees are inclusive of VAT.
of the Republic of China, without regard to its choice of law provisions. Any d
ispute hereunder shall be determined by Taipei District Court.
Thailand
The CA subsidiary that is the licensor is Computer Associates Pte. Ltd.
of Thailand. The courts of Thailand will have sole and exclusive jurisdiction w
ith respect to any disputes arising out of this Agreement.
Turkey
Licensee undertakes to keep all information of trade secret nature strictly priv
ate and confidential, and to use all necessary measures and its best efforts in
order to assure and maintain the confidentiality thereof and to prevent and prot
ect it, or any part thereof, from disclosure to any third person. Furthermore,
Licensee hereby expressly undertakes:
(I) Not to use a CA trade secret directly or indirectly in any respect or for wh
atever reason on its own behalf or on behalf of any third party or allow it to b
e used for any other purpose except as expressly permitted by CA;
(II) Not to disclose, de-compile, disassemble nor otherwise reverse engineer the
Product and to avoid such a disclosure in whatever form;
(III) Not to copy or permit the others to copy without CA’s prior written consent.
Licensee acknowledges that in the event of a breach of any one of the obligation
s imposed upon it under this Section, CA might suffer significant damage, notwit
hstanding the return of all copies of the Product, arising out of the fact that
it has breached the aforesaid obligations. Consequently, Licensee undertakes to
indemnify CA in full against any such damage.
Licensee acknowledges that CA has the right to prevent any threat to confidentia
lity or restrain ongoing infringement or breach of confidentiality by Licensee t
hrough legal proceedings and in case an order is obtained against Licensee for b
reach, Licensee shall reimburse CA’s juridical costs and expenses including the at
torney fees.
In the event that CA is rendered unable, wholly or in part, to perform or implem
ent any of its warranties herein set forth, by force majeure which includes gove
rnmental controls or orders of the government of Turkey, acts of God, wars, comm
otion or riot, epidemics, strikes, lockouts and any other events or forces beyon
d its reasonable control, it shall be relieved from such warranties and shall no
t be held liable for the non-fulfillment and/or suspended implementation thereof
, as long as and to the extent that the effect of such events or forces remains
unabated.
The following is added at the end of the second sentence of Section 10:
EXCEPT THAT MAY ARISE FROM CA’S WILFUL FAULT OR NEGLIGENCE.
United Kingdom
The CA subsidiary that is the licensor is Computer Associates Plc.
on below, you are:
this Agreement;
Licensee may not:
by Licensee, without purchasing a license from CA for that purpose, operates or
f the Product;
ality provisions.
All disputes relating to this Agreement will be governed by the laws of England
and Wales and will be submitted to the exclusive jurisdiction of the English cou
rts.
d agent of CA;
Venezuela
The CA subsidiary that is the licensor is Computer Associates de Venezuela, CA.
of Venezuela. Any dispute hereunder shall be determined by the Tribunales Ordina
rios de la Cuidad de Caracas.
s de Venezuela, CA, Avenida Principal de La Castellana - Centro Letonia, Torre I
NG Bank, Piso 10, Oficina 105 - 1060 - Caracas - Venezuela - At.: Finance Depart
ment.
16. If the Product contains third party software, and the licensor requires the
incorporation of specific license terms and conditions for such software into t
his Agreement, those specific terms and conditions, which are hereby incorporate
d by this reference, are located below this Agreement.
Licensee acknowledges that this license has been read and understood and by sele
cting the ["I agree"] button, licensee accepts its terms and conditions. Licens
ee also agrees that this license (including any order form referencing this Agre
ement and any terms relating to third party software which are set forth below t
his Agreement) constitutes the complete Agreement between the parties regarding
this subject matter and that it supersedes any information licensee has received
relating to the subject matter of this Agreement, except that this Agreement (e
xcluding the third party terms below) will be superseded by any written Agreemen
t, executed by both licensee and CA, granting licensee a license to use the prod
uct. This Agreement may only be amended by a written Agreement signed by author
ized representatives of both parties.
Select the ["I agree"] button to accept the terms and conditions of this Agreeme
nt as set forth above and proceed with the installation process.
Select the ["I disagree"] radio button and then click on the "Cancel" button to
halt the installation process.
===================================================================
OPENSSL/SSLeay
This product includes software developed by the OpenSSL Project. The OpenSSL sof
tware is distributed in accordance with the following agreement.
The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the
OpenSSL License and the original SSLeay license apply to the toolkit.
See below for the actual license texts. Actually both licenses are BSD-style Ope
n Source licenses. In case of any license issues related to OpenSSL please conta
ct openssl-core@openssl.org.
--------------------------------------------------------------------------
OpenSSL License
Copyright (c) 1998-2002 The OpenSSL Project. 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 l
ist of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright notice, thi
s list of conditions and the following disclaimer in the documentation and/or ot
her materials provided with the distribution.
3. All advertising materials mentioning features or use of this software must di
splay the following acknowledgment: "This product includes software developed by
the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse
or promote products derived from this software without prior written permission
. For written permission, please contact openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL" nor may "Open
SSL" appear in their names without prior written permission of the OpenSSL Proje
ct.
6. Redistributions of any form whatsoever must retain the following acknowledgme
nt: "This product includes software developed by the OpenSSL Project for use in
the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IM
PLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCH
ANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHAL
L THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, IN
CIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMIT
ED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFIT
S; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHET
HER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) A
RISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIB
ILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young (eay@cryptsof
t.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com)
. /
--------------------------------------------------------------------------
Original SSLeay License
Eric Young is the author of the SSLeay libraries used within this product.
This product includes cryptographic software written by Eric Young (eay@cryptsof
t.com). The software is distributed in accordance with the following license agr
eement.
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an SSL implementation written by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL. This library
is free for commercial and non-commercial use as long as the following conditio
ns are aheared to. The following conditions apply to all code found in this dist
ribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The
SSL documentation included with this distribution is covered by the same copyri
ght terms except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young s, and as such any Copyright notices in the code ar
e not to be removed. If this package is used in a product, Eric Young should be
given attribution as the author of the parts of the library used. This can be in
the form of a textual message at program startup or in documentation (online or
textual) provided with the package.
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 copyright notice, this list of
conditions and the following disclaimer.
3. All advertising materials mentioning features or use of this software must di
splay the following acknowledgement:
"This product includes cryptographic software written by Eric Young (eay@cryptso
ft.com)"
The word cryptographic can be left out if the rouines from the library being u
sed are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from the a
pps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG "AS IS" AND ANY EXPRESS OR IMPLIED WARRA
NTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHO
R OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMP
LARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SU
BSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPT
ION) 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.
The licence and distribution terms for any publically available version or deriv
ative of this code cannot be changed. i.e. this code cannot simply be copied and
put under another distribution licence [including the GNU Public Licence.]
===================================================================
Apache (Xerces)
This product includes software developed by the Apache Software Foundation (http
://www.apache.org/).
The Apache Software License, Version 1.1
Copyright (c) 2000 The Apache Software Foundation. All rights reserved. Redistri
bution and use in source and binary forms, with or without modification, are per
mitted provided that the following conditions are met:
1. Redistributions of source code must retain the above copyright notice, this l
ist of conditions and the following disclaimer.
3. The end-user documentation included with the redistribution, if any, must inc
lude the following acknowledgment: "This product includes software developed by
the Apache Software Foundation (http://www.apache.org/)." Alternately, this ackn
owledgment may appear in the software itself, if and wherever such third-party a
cknowledgments normally appear.
4. The names "Apache" and "Apache Software Foundation" must not be used to endor
se or promote products derived from this software without prior written permissi
on. For written permission, please contact apache@apache.org.
5. Products derived from this software may not be called "Apache", nor may "Apac
he" appear in their name, without prior written permission of the Apache Softwar
e Foundation.
THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLU
DING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE F
OUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SP
ECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCU
REMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINE
SS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTR
ACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN AN
Y WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUC
H DAMAGE.
This software consists of voluntary contributions made by many individuals on be
half of the Apache Software Foundation. For more information on the Apache Softw
are Foundation, please see http://www.apache.org/.
Portions of this software are based upon public domain software originally writt
en at the National Center for Supercomputing Applications, University of Illinoi
s, Urbana-Champaign.
===================================================================
ZLIB
This product includes compression software developed by Jean-loup Gailly and Mar
k Adler.
Copyright (C) 1995-2003 Jean-loup Gailly and Mark Adler
This software is provided as-is , without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
Jean-loup Gailly jloup@gzip.org
Mark Adler madler@alumni.caltech.edu
===================================================================
OpenLDAP
This product includes software developed by the OpenLDAP Foundation, OpenLDAP Pr
oject (http://www.openldap.org/). The OpenLDAP software is distributed in accord
ance with the following agreement.
The OpenLDAP Public License
Version 2.3, 28 July 2000
Redistribution and use of this software and associated documentation ("Software"
), with or without modification, are permitted provided that the following condi
tions are met:
1. Redistributions of source code must retain copyright statements and notices.
2. Redistributions in binary form must reproduce applicable copyright statements
and notices, this list of conditions, and the following disclaimer in the docum
entation and/or other materials provided with the distribution.
3. Redistributions must contain a verbatim copy of this document.
4. The name "OpenLDAP" must not be used to endorse or promote products derived f
rom this Software without prior written permission of the OpenLDAP Foundation.
5. Products derived from this Software may not be called "OpenLDAP" nor may "Ope
nLDAP" appear in their names without prior written permission of the OpenLDAP Fo
undation.
6. Due credit should be given to the OpenLDAP Project (http://www.openldap.org/)
.
7. The OpenLDAP Foundation may revise this license from time to time. Each revis
ion is distinguished by a version number. You may use the Software under terms o
f this license revision or under the terms of any subsequent revision of the lic
ense.
THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND CONTRIBUTORS "AS IS" AN
D ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIE
D WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAI
MED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
(INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOS
S OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING N
EGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN
IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
OpenLDAP is a trademark of the OpenLDAP Foundation.
Copyright 1999-2000 The OpenLDAP Foundation, Redwood City,
California, USA. All Rights Reserved. Permission to copy and distributed verbati
m copies of this document is granted.
===================================================================
Sun Microsystems, Inc. Binary Code License Agreement
for the
JAVATM 2 RUNTIME ENVIRONMENT (J2RE), STANDARD EDITION, VERSION 1.4.2_X
SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BEL
OW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN
THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
"AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLIN
G THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY C
LICKING ON THE "I agree" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT W
ILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM O
F THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.
DEFINITIONS. "Software" means the identified above in binary form, any other mac
hine readable materials (including, but not limited to, libraries, source files,
header files, and data files), any updates or error corrections provided by Sun
, and any user manuals, programming guides and other documentation provided to y
ou by Sun under this Agreement. Programs mean Java applets and applications in
tended to run on the Java 2 Platform, Standard Edition (J2SETM platform) platfor
m on Java-enabled general purpose desktop computers and servers.
LICENSE TO USE. Subject to the terms and conditions of this Agreement, including
, but not limited to the Java Technology Restrictions of the Supplemental Licens
e Terms, Sun grants you a non-exclusive, non-transferable, limited license witho
ut license fees to reproduce and use internally Software complete and unmodified
for the sole purpose of running Programs. Additional licenses for developers an
d/or publishers are granted in the Supplemental License Terms.
RESTRICTIONS. Software is confidential and copyrighted. Title to Software and al
l associated intellectual property rights is retained by Sun and/or its licensor
s. Unless enforcement is prohibited by applicable law, you may not modify, decom
pile, or reverse engineer Software. Licensee acknowledges that Licensed Softwar
e is not designed or intended for use in the design, construction, operation or
maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any expres
s or implied warranty of fitness for such uses. No right, title or interest in o
r to any trademark, service mark, logo or trade name of Sun or its licensors is
granted under this Agreement. Additional restrictions for developers and/or publ
ishers licenses are set forth in the Supplemental License Terms.
LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days fro
m the date of purchase, as evidenced by a copy of the receipt, the media on whic
h Software is furnished (if any) will be free of defects in materials and workma
nship under normal use. Except for the foregoing, Software is provided "AS IS".
Your exclusive remedy and Sun s entire liability under this limited warranty w
ill be at Sun s option to replace Software media or refund the fee paid for Soft
ware. Any implied warranties on the Software are limited to 90 days. Some states
do not allow limitations on duration of an implied warranty, so the above may n
ot apply to you. This limited warranty gives you specific legal rights. You may
have others, which vary from state to state.
DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPL
IED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY O
F MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISC
LAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVAL
ID.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL
SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPEC
IAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REG
ARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR I
NABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUC
H DAMAGES. In no event will Sun s liability to you, whether in contract, tort (
including negligence), or otherwise, exceed the amount paid by you for Software
under this Agreement. The foregoing limitations will apply even if the above st
ated warranty fails of its essential purpose. Some states do not allow the exclu
sion of incidental or consequential damages, so some of the terms above may not
be applicable to you.
SOFTWARE UPDATES FROM SUN. You acknowledge that at your request or consent optio
nal features of the Software may download, install, and execute applets, applica
tions, software extensions, and updated versions of the Software from Sun ("Soft
ware Updates"), which may require you to accept updated terms and conditions for
installation. If additional terms and conditions are not presented on installat
ion, the Software Updates will be considered part of the Software and subject to
the terms and conditions of the Agreement.
SOFTWARE FROM SOURCES OTHER THAN SUN. You acknowledge that, by your use of optio
nal features of the Software and/or by requesting services that require use of t
he optional features of the Software, the Software may automatically download, i
nstall, and execute software applications from sources other than Sun ("Other So
ftware"). Sun makes no representations of a relationship of any kind to licensor
s of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN O
R ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL,
INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLE
SS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABIL
ITY TO USE OTHER SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SU
CH DAMAGES. Some states do not allow the exclusion of incidental or consequentia
l damages, so some of the terms above may not be applicable to you.
TERMINATION. This Agreement is effective until terminated. You may terminate t
his Agreement at any time by destroying all copies of Software. This Agreement
will terminate immediately without notice from Sun if you fail to comply with an
y provision of this Agreement. Either party may terminate this Agreement immedi
ately should any Software become, or in either party s opinion be likely to beco
me, the subject of a claim of infringement of any intellectual property right. U
pon Termination, you must destroy all copies of Software.
EXPORT REGULATIONS. All Software and technical data delivered under this Agreeme
nt are subject to US export control laws and may be subject to export or import
regulations in other countries. You agree to comply strictly with all such laws
and regulations and acknowledge that you have the responsibility to obtain such
licenses to export, re-export, or import as may be required after delivery to y
ou.
TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun
owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SO
LARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos a
nd other brand designations ("Sun Marks"), and you agree to comply with the Sun
Trademark and Logo Usage Requirements currently located at http://www.sun.com/po
licies/trademarks. Any use you make of the Sun Marks inures to Sun s benefit.
U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behal
f of the U.S. Government or by a U.S. Government prime contractor or subcontract
or (at any tier), then the Government s rights in Software and accompanying docu
mentation will be only as set forth in this Agreement; this is in accordance wit
h 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitio
ns) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
GOVERNING LAW. Any action related to this Agreement will be governed by Califor
nia law and controlling U.S. federal law. No choice of law rules of any jurisdi
ction will apply.
SEVERABILITY. If any provision of this Agreement is held to be unenforceable, th
is Agreement will remain in effect with the provision omitted, unless omission w
ould frustrate the intent of the parties, in which case this Agreement will imme
diately terminate.
INTEGRATION. This Agreement is the entire agreement between you and Sun relatin
g to its subject matter. It supersedes all prior or contemporaneous oral or wri
tten communications, proposals, representations and warranties and prevails over
any conflicting or additional terms of any quote, order, acknowledgment, or oth
er communication between the parties relating to its subject matter during the t
erm of this Agreement. No modification of this Agreement will be binding, unles
s in writing and signed by an authorized representative of each party.
SUPPLEMENTAL LICENSE TERMS
These Supplemental License Terms add to or modify the terms of the Binary Code L
icense Agreement. Capitalized terms not defined in these Supplemental Terms shal
l have the same meanings ascribed to them in the Binary Code License Agreement .
These Supplemental Terms shall supersede any inconsistent or conflicting terms
in the Binary Code License Agreement, or in any license contained within the Sof
tware.
Software Internal Use and Development License Grant. Subject to the terms and co
nditions of this Agreement, including, but not limited to the Java Technology Re
strictions of these Supplemental Terms, Sun grants you a non-exclusive, non-tran
sferable, limited license without fees to reproduce internally and use internall
y the Software complete and unmodified for the purpose of designing, developing,
and testing your Programs.
License to Distribute Software. Subject to the terms and conditions of this Agre
ement, including, but not limited to the Java Technology Restrictions of these S
upplemental Terms, Sun grants you a non-exclusive, non-transferable, limited lic
ense without fees to reproduce and distribute the Software, provided that (i) yo
u distribute the Software complete and unmodified (unless otherwise specified in
the applicable README file) and only bundled as part of, and for the sole purpo
se of running, your Programs, (ii) the Programs add significant and primary func
tionality to the Software, (iii) you do not distribute additional software inten
ded to replace any component(s) of the Software (unless otherwise specified in t
he applicable README file), (iv) you do not remove or alter any proprietary lege
nds or notices contained in the Software, (v) you only distribute the Software s
ubject to a license agreement that protects Sun s interests consistent with the
terms contained in this Agreement, and (vi) you agree to defend and indemnify Su
n and its licensors from and against any damages, costs, liabilities, settlement
amounts and/or expenses (including attorneys fees) incurred in connection with
any claim, lawsuit or action by any third party that arises or results from the
use or distribution of any and all Programs and/or Software.
License to Distribute Redistributables. Subject to the terms and conditions of t
his Agreement, including but not limited to the Java Technology Restrictions of
these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limi
ted license without fees to reproduce and distribute those files specifically id
entified as redistributable in the Software "README" file ("Redistributables") p
rovided that: (i) you distribute the Redistributables complete and unmodified (u
nless otherwise specified in the applicable README file), and only bundled as pa
rt of Programs, (ii) you do not distribute additional software intended to super
sede any component(s) of the Redistributables (unless otherwise specified in the
applicable README file), (iii) you do not remove or alter any proprietary legen
ds or notices contained in or on the Redistributables, (iv) you only distribute
the Redistributables pursuant to a license agreement that protects Sun s interes
ts consistent with the terms contained in the Agreement, (v) you agree to defend
and indemnify Sun and its licensors from and against any damages, costs, liabil
ities, settlement amounts and/or expenses (including attorneys fees) incurred i
n connection with any claim, lawsuit or action by any third party that arises or
results from the use or distribution of any and all Programs and/or Software.
Java Technology Restrictions. You may not modify the Java Platform Interface ("J
PI", identified as classes contained within the "java" package or any subpackage
s of the "java" package), by creating additional classes within the JPI or other
wise causing the addition to or modification of the classes in the JPI. In the
event that you create an additional class and associated API(s) which (i) extend
s the functionality of the Java platform, and (ii) is exposed to third party sof
tware developers for the purpose of developing additional software which invokes
such additional API, you must promptly publish broadly an accurate specificatio
n for such API for free use by all developers. You may not create, or authorize
your licensees to create, additional classes, interfaces, or subpackages that a
re in any way identified as "java", "javax", "sun" or similar convention as spec
ified by Sun in any naming convention designation.
Source Code. Software may contain source code that, unless expressly licensed fo
r other purposes, is provided solely for reference purposes pursuant to the term
s of this Agreement. Source code may not be redistributed unless expressly provi
ded for in this Agreement.
Third Party Code. Additional copyright notices and license terms applicable to p
ortions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. I
n addition to any terms and conditions of any third party opensource/freeware li
cense identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warr
anty and limitation of liability provisions in paragraphs 5 and 6 of the Binary
Code License Agreement shall apply to all Software in this distribution.
For inquiries please contact: Sun Microsystems, Inc., 4150 Network Circle, Santa
Clara, California 95054, U.S.A. (LFI#129530/Form ID#011801)
===================================================================
END-USER LICENSE AGREEMENT FOR MICROSOFT SOFTWARE
MICROSOFT XML CORE SERVICES (MSXML) 4.0
IMPORTANT-READ CAREFULLY: This Microsoft End-User License Agreement ("EULA") is
a legal agreement between you (either an individual or a single entity) and Micr
osoft Corporation for the Microsoft software identified above, which may include
computer software, associated media, printed materials, and "online" or electro
nic documentation ("SOFTWARE"). By downloading, installing, copying, or otherwi
se using the SOFTWARE, you agree to be bound by the terms of this EULA. If you
do not agree to the terms of this EULA, do not install or use the SOFTWARE.
The SOFTWARE is protected by copyright laws and international copyright treaties

, as well as other intellectual property laws and treaties. Microsoft or its sup
pliers own the title, copyright and other intellectual property rights in the SO
FTWARE. The SOFTWARE is licensed, not sold.
The SOFTWARE consists of two elements: (1) XML Core Services component ("COMPON
ENT") which contains, among other items, files with ".dll" extensions which exp
ose application programming interfaces that provide implementation to read, writ
e, transform and make other manipulations with XML; and (2) MSXML software devel
opment kit ("SDK") which may include documentation, sample code, and other infor
mation designed to assist in the development of your applications.
1. GRANT OF LICENSE. This EULA grants you the following rights:

a. General. You may install and use any number of copies of the SOFTWARE on any
number of computers, including workstations, terminals or other digital electron
ic devices, for the purpose of designing, developing and testing your applicatio
n(s) which work in conjunction with XML ("Application(s)").
b. Sample Code. You may modify the portions of the SDK designated as "Sample Cod
e" for the purpose of designing, developing and testing your Application.
c. Redistribution of SOFTWARE and/or COMPONENT. You may copy and redistribute t
he SOFTWARE (in its entirety) and/or the COMPONENT (in its entirety) either in c
onjunction with your Application or standalone in and of itself, subject to the
following restrictions and limitations:
(i) If you redistribute the SOFTWARE and/or COMPONENT in their entirety, your co
py must be a true and complete copy of the SOFTWARE and/or COMPONENT, including
Microsoft s set up and all copyright notices, logos, end user license agreement
and/or trademarks that appear in the SOFTWARE and/or COMPONENT as received from
Microsoft;
(ii) If you redistribute the SOFTWARE and/or COMPONENT in conjunction with your
Application, your Application must include a valid copyright notice in your own
name, which notice shall be sufficient to protect Microsoft s copyright in the S
OFTWARE and/or COMPONENT;
(iii) If you redistribute the SOFTWARE and/or COMPONENT in conjunction with your
Application, and if your Application does not display Microsoft s end user lice
nse agreement to your end user, then your Application must be accompanied by lic
ense terms that are at least as restrictive as, and as protective of Microsoft a
s, those contained in this EULA.;
(iv) You shall not use Microsoft s name, logo or trademarks to market your Appli
cation;
(v) You shall not modify or alter the SOFTWARE and/or COMPONENT in any way; prov
ided that you may merge those files in the SOFTWARE and/or COMPONENT with "msm"
extensions into the "msm" files of your Application;
(vi) You shall not redistribute individual parts or files of the COMPONENT; you
must redistribute the COMPONENT in its entirety;
(vii) You shall not redistribute the SDK separately; the SDK may only be redistr
ibuted as part of the SOFTWARE in its entirety; and
(viii) You agree to indemnify, hold harmless and defend Microsoft from and again
st any claims or lawsuits, including reasonable attorneys fees, which arise or
result from your distribution of the SOFTWARE and/or COMPONENT and/or your Appli
cation.
d. Redistribution of Sample Code as Modified by You. You may copy and redistribu
te any Sample Code that you have modified as described in Section 1(b) above and
incorporated into your Application, in both source code form and object code fo
rm, subject to the following restrictions and limitations:
(i) You shall distribute the modified Sample Code only in conjunction with and a
s part of an Application that adds significant and primary functionality to the
Sample Code;
(ii) You shall not use Microsoft s name, logo or trademarks to market your Appli
cation;
(iii) You shall to include a valid copyright notice in your own name in your App
lication, which notice shall be sufficient to protect Microsoft s copyright in t
he modified Sample Code; and
(iv) You agree to indemnify, hold harmless and defend Microsoft from and against
any claims or lawsuits including reasonable attorneys fees, which arise or res
ult from the use or distribution of the modified Sample Code and/or your Applica
tion.
e. Identified Software. Your license rights to the SOFTWARE are conditioned upon
your (a) not incorporating Identified Software into, or combining Identified So
ftware with, the SOFTWARE, or a derivative work thereof; (b) not distributing Id
entified Software in conjunction with the SOFTWARE; and (c) not using Identified
Software in the development of a derivative work of the SOFTWARE. "Identified
Software" means software which is licensed pursuant to terms that directly or in
directly (i) create, or purport to create, obligations for Microsoft with respec
t to the SOFTWARE or derivative work thereof or (ii) grant, or purport to grant,
to any third party any rights or immunities under Microsoft s intellectual prop
erty or proprietary rights in the SOFTWARE or derivative work thereof. Identi
fied Software includes, without limitation, any software that requires as a cond
ition of use, modification and/or distribution of such software that other softw
are incorporated into, derived from or distributed with such software be (a) dis
closed or distributed in source code form; (b) be licensed for the purpose of ma
king derivative works; or (c) be redistributable at no charge.
f. Benchmark Testing. You may not disclose the results of any benchmark test usi
ng the SOFTWARE to any third party without Microsoft s prior written approval.
g. Reservation of Rights. Microsoft reserves all rights not expressly granted h

erein.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may n

ot reverse engineer, decompile, or disassemble the SOFTWARE, except and only to
the extent that such activity is expressly permitted by applicable law notwithst
anding this limitation.
3. NO RENTAL. You may not rent, lease, or lend the SOFTWARE.
4. SUPPORT SERVICES. In the event Microsoft does provide you with support servic
es related to the SOFTWARE ("Support Services"), use of such Support Services is
governed by the Microsoft policies and programs described in the user manual, i
n "online" documentation, and/or in other Microsoft-provided materials. Any supp
lemental software code provided to you as part of the Support Services shall be
considered part of the SOFTWARE and subject to the terms and conditions of this
EULA. With respect to technical information you provide to Microsoft as part of
the Support Services, Microsoft may use such information for its business purpos
es, including for product support and development. Microsoft will not utilize su
ch technical information in a form that personally identifies you.
5. TERMINATION. Without prejudice to any other rights, Microsoft may terminate t
his EULA if you fail to comply with the terms and conditions of this EULA. In su
ch event, you must destroy all copies of the SOFTWARE and all of its component p
arts.
6. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in a
nd to the SOFTWARE (including but not limited to any images, photographs, animat
ions, video, audio, music, text and "applets" incorporated into the SOFTWARE), a
nd any copies you are permitted to make herein are owned by Microsoft or its sup
pliers. All title and intellectual property rights in and to the content which
may be accessed through use of the SOFTWARE is the property of the respective co
ntent owner and may be protected by applicable copyright or other intellectual p
roperty laws and treaties. This EULA grants you no rights to use such content.
7. U.S. GOVERNMENT LICENSE RIGHTS. SOFTWARE provided to the U.S. Government purs
uant to solicitations issued on or after December 1, 1995 is provided with the c
ommercial license rights and restrictions described elsewhere herein. SOFTWARE
provided to the U.S. Government pursuant to solicitations issued prior to Decemb
er 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 5
2.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
8. EXPORT RESTRICTIONS. You agree that the SOFTWARE is subject to U.S. export ju
risdiction. You agree to comply with all applicable international and national
laws that apply to the SOFTWARE including the U.S. Export Administration Regulat
ions, as well as end-user, end use and destination restrictions issued by the U.
S. and other governments. For additional information see http://www.microsoft.co
m/exporting/.
9. DISCLAIMER OF WARRANTIES. To the maximum extent permitted by applicable law,
Microsoft and its suppliers provide the SOFTWARE and any (if any) Support Servi
ces AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions
, either express, implied or statutory, including, but not limited to, any (if a
ny) implied warranties or conditions of merchantability, of fitness for a partic
ular purpose, of lack of viruses, of accuracy or completeness of responses, of r
esults, and of lack of negligence or lack of workmanlike effort, all with regard
to the SOFTWARE, and the provision of or failure to provide Support Services.
ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESS
ION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTW
ARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE
OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAX
IMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MICROSOFT OR ITS SUPP
LIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIA
L DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS
OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL I
NJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH
OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOS
S WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO
USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR O
THERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVE
NT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRA
CT OR BREACH OF WARRANTY OF MICROSOFT OR ANY SUPPLIER, AND EVEN IF MICROSOFT OR
ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all damage
s referenced above and all direct or general damages), the entire liability of M
icrosoft and any of its suppliers under any provision of this EULA and your excl
usive remedy for all of the foregoing shall be limited to the greater of the amo
unt actually paid by you for the SOFTWARE or U.S.$5.00. The foregoing limitatio
ns, exclusions and disclaimers shall apply to the maximum extent permitted by ap
plicable law, even if any remedy fails its essential purpose.
12. APPLICABLE LAW. If you acquired this SOFTWARE in the United States, this EU
LA is governed by the laws of the State of Washington. If you acquired this SOF
TWARE in Canada, unless expressly prohibited by local law, this EULA is governed
by the laws in force in the Province of Ontario, Canada; and, in respect of any
dispute which may arise hereunder, you consent to the jurisdiction of the feder
al and provincial courts sitting in Toronto, Ontario. If this SOFTWARE was acqui
red outside the United States, then local law may apply.
13. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EU
LA which is included with the SOFTWARE) is the entire agreement between you and
Microsoft relating to the SOFTWARE and the Support Services (if any) and it supe
rsedes all prior or contemporaneous oral or written communications, proposals a
nd representations with respect to the SOFTWARE or any other subject matter cove
red by this EULA. To the extent the terms of any Microsoft policies or programs
for Support Services conflict with the terms of this EULA, the terms of this EU
LA shall control.
14. QUESTIONS? Should you have any questions concerning this EULA, or if you de
sire to contact Microsoft for any reason, please contact the Microsoft subsidiar
y serving your country, or write: Microsoft Sales Information Center/One Microso
ft Way/Redmond, WA 98052-6399.
===================================================================
Microsoft SQL Server 2005 Express Edition
This product includes the above software developed by Microsoft Corporation. The
following terms shall further govern Your use of this software:
1. BACKUP COPY. You may make one backup copy of the software. You may use
it only to reinstall the software.
2. SUPPORT SERVICES. Because this software is as is, Microsoft may not prov
ide support services for it.
3. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED AS-IS. YOU BEAR THE
RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIO
NS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AG
REEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT
EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PU
RPOSE AND NON-INFRINGEMENT.
4. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM
MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT R
ECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRE
CT OR INCIDENTAL DAMAGES.
This limitation applies to
* anything related to the software, services, content (including code) o
n third party Internet sites, or third party programs; and
* claims for breach of contract, breach of warranty, guarantee or condit
ion, strict liability, negligence, or other tort to the extent permitted by appl
icable law.
It also applies even if Microsoft knew or should have known about the possibilit
y of the damages. The above limitation or exclusion may not apply to you becaus
e your country may not allow the exclusion or limitation of incidental, conseque
ntial or other damages.
===================================================================
Copyright (c) 1999, 2006 Tanuki Software, Inc.
Permission is hereby granted, free of charge, to any person
obtaining a copy of the Java Service Wrapper 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, sub-license,
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
NON-INFRINGEMENT. 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.
Portions of the Software have been derived from source code

developed by Silver Egg Technology under the following license:
BEGIN Silver Egg Techology License -----------------------------------
Copyright (c) 2001 Silver Egg Technology
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, sub-license, 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
NON-INFRINGEMENT. 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.
END Silver Egg Techology License -------------------------------------

License

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

License

Uploaded by

Copyright:

Available Formats

CA, Inc.

The SOFTWARE is protected by copyright laws and international copyright treaties

1. GRANT OF LICENSE. This EULA grants you the following rights:

g. Reservation of Rights. Microsoft reserves all rights not expressly granted h

2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may n

Portions of the Software have been derived from source code

You might also like