| <!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" |
| "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> |
| <html xmlns="http://www.w3.org/1999/xhtml"> |
| <head> |
| <meta http-equiv="Content-Type" content="text/html; charset=ISO-8859-1"/> |
| <title>About</title> |
| </head> |
| <body lang="EN-US"> |
| <h2>About This Content</h2> |
| |
| <p>June 25, 2008</p> |
| <h3>License</h3> |
| |
| <p>The Eclipse Foundation makes available all content in this plug-in ("Content"). Unless otherwise |
| indicated below, the Content is provided to you under the terms and conditions of the |
| Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is available |
| at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>. |
| For purposes of the EPL, "Program" will mean the Content.</p> |
| |
| <p>If you did not receive this Content directly from the Eclipse Foundation, the Content is |
| being redistributed by another party ("Redistributor") and different terms and conditions may |
| apply to your use of any object code in the Content. Check the Redistributor's license that was |
| provided with the Content. If no such license exists, contact the Redistributor. Unless otherwise |
| indicated below, the terms and conditions of the EPL still apply to any source code in the Content |
| and such source code may be obtained at <a href="http://www.eclipse.org">http://www.eclipse.org</a>.</p> |
| |
| <h3>Third Party Content</h3> |
| |
| <p>The Content includes items that have been sourced from third parties as set out below. If you |
| did not receive this Content directly from the Eclipse Foundation, the following is provided |
| for informational purposes only, and you should look to the Redistributor's license for |
| terms and conditions of use.</p> |
| |
| <h3>ActiveMQ JMS API v3.1M5</h3> |
| |
| <p>This plugin is based on software developed by Apache ActiveMQ project team at |
| <a href="http://activemq.apache.org/">http://activemq.apache.org/</a>. |
| A copy of this library is distributed within this plugin and |
| therefore this plugin is subject to the Apache License version 2.0, a copy of the license is contained |
| in the file <a href="asl-v20.txt">asl-v20.txt</a> and |
| at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>. |
| </p> |
| |
| <p> |
| More specifically:</p> |
| |
| <p></p> |
| |
| <pre> |
| |
| 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 |
| |
| APPENDIX: How to apply the Apache License to your work. |
| |
| To apply the Apache License to your work, attach the following |
| boilerplate notice, with the fields enclosed by brackets "[]" |
| replaced with your own identifying information. (Don't include |
| the brackets!) The text should be enclosed in the appropriate |
| comment syntax for the file format. We also recommend that a |
| file or class name and description of purpose be included on the |
| same "printed page" as the copyright notice for easier |
| identification within third-party archives. |
| |
| Copyright [yyyy] [name of copyright owner] |
| |
| 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. |
| </pre> |
| |
| <h3>BEA Systems Weblogic 10.0 JMS Thin Client</h3> |
| |
| <p>This plugin is based on software developed by BEA Systems</a>. |
| A copy of this library is distributed within this plugin and |
| therefore this plugin is subject to the BEA SYSTEMS, INC. SOFTWARE LICENSE |
| AGREEMENT below</a>. |
| </p> |
| |
| |
| <p align="center"><strong>BEA SYSTEMS, INC. SOFTWARE LICENSE |
| AGREEMENT</strong></p> |
| <p>USE OF SOFTWARE ORDERED FROM BEA SYSTEMS, INC. (“BEA”) IS |
| PROVIDED |
| ONLY UNDER LICENSE FROM BEA. PLEASE READ THE FOLLOWING LICENSE, |
| INCLUDING SUPPLEMENTAL |
| TERMS AT THE END, IF ANY, CAREFULLY AND INDICATE YOUR ACCEPTANCE BY |
| CLICKING |
| THE ACCEPTANCE BOX. CERTAIN CAPITALIZED TERMS ARE DEFINED IN SECTION |
| 11. </p> |
| <p>1. LICENSE TERMS </p> |
| <p>a. WebLogic SDK |
| Use. The |
| terms of this Section 1(a) are applicable to you if you have |
| registered as |
| a WebLogic SDK customer. Subject to the terms of this Agreement, BEA |
| grants |
| to you a non-exclusive, non-transferable, royalty-free license to use |
| WebLogic |
| SDK solely for Personal Use for the number of users and/or developers |
| and the |
| number of CPU’s, Servers and/or at the Sites, as specified at |
| the time |
| of registration. Third party software products or modules supplied by |
| BEA, |
| if any, may be used solely with the Software. All rights not |
| specifically granted |
| to you herein are retained by BEA.</p> |
| <p> </p> |
| <p>b. Evaluation |
| Use. The |
| terms of this Section 1(b)are applicable to you if you have registered |
| as an |
| Evaluation Use customer. Subject to the terms of this Agreement, BEA |
| grants |
| to you a non-exclusive, non-transferable, license to use the Software |
| solely |
| for Evaluation Use. Third party software products or modules supplied |
| by BEA, |
| if any, may be used solely with the Software, and may be subject to |
| your acceptance |
| of terms and conditions provided by such third parties. This license |
| begins |
| upon downloading and ends if and when terminated by BEA in accordance |
| with |
| this Agreement. When the license terminates you must stop using the |
| Software. All |
| rights not specifically granted to you herein are retained by |
| BEA. Note |
| that not all Software is available for Evaluation Use. Your |
| Evaluation |
| Use license shall terminate on the earlier of: (i) the license key |
| provided |
| by BEA expiring or ceasing to function; (ii) at any time upon notice |
| from BEA; |
| or (iii) the expiration date indicated in any related |
| BEA quotation |
| or order document.</p> |
| <p>c. Development Use. |
| The terms |
| of this Section 1(c) are applicable to you if you have registered as a |
| Development |
| Use customer. Subject to the terms of this Agreement, BEA grants to |
| you a non-exclusive, |
| non-transferable, fee-bearing license to use the Software solely for |
| Development |
| Use for the number of users and the number of CPU’s, Servers |
| and/or at |
| the Sites, as specified on BEA’s invoice. Third party software |
| products |
| or modules supplied by BEA, if any, may be used solely with the |
| Software. All |
| rights not specifically granted to you herein are retained by BEA. |
| </p> |
| <p>d. Production Use. |
| The terms |
| of this Section 1(d) are applicable to you if you have registered as a |
| Production |
| Use customer. Subject to the terms of this Agreement, BEA grants to |
| you a non-exclusive, |
| non-transferable, fee-bearing license to use the Software solely for |
| Production |
| Use on the number of CPU’s, Servers and/or at the |
| Sites, as |
| specified on BEA’s invoice. Third party software products or |
| modules |
| supplied by BEA, if any, may be used solely with the Software. |
| If you |
| integrate the Software into an application and intend to resell the |
| resulting |
| integrated application you must contact BEA to obtain the appropriate |
| distribution |
| license. All rights not specifically granted to you herein are |
| retained by |
| BEA. </p> |
| <p>e. Restrictions on |
| Use. Whether |
| the Software is being licensed for WebLogic SDK Use, Evaluation Use, |
| Development |
| Use or Production Use, you may not reverse engineer, decompile or |
| disassemble |
| and you may not otherwise attempt to determine source code or |
| protocols from |
| the Software and you may not disclose the results of software |
| performance benchmarks |
| to any third party without BEA’s prior written consent. |
| You may |
| not alter, modify or otherwise manipulate WebLogic SDK, or the |
| applicable license |
| key, or attempt to do any of the foregoing, in order to use WebLogic |
| SDK other |
| than in Development Use or in Scale-Limited mode. Additional |
| restrictions, |
| if any, with respect to third party software or BEA software will be |
| delivered |
| to you along with your license key. You are forbidden from using |
| Evaluation |
| Use Software for Production Use or Development Use. You are |
| forbidden |
| from using Evaluation Use or Development Use Software for Production |
| Use. You |
| may not lease, rent, resell or sublicense the Software to any third |
| party, |
| or otherwise use it except as permitted in this |
| Agreement. You |
| may only deploy one instance of portal search, including IDOL server, |
| HTTP |
| Search, AutoIndexer and ODBC Search, per instance or implementation of |
| BEA |
| WebLogic Portal. In addition to the 1 production instance of the IDOL |
| server, |
| HTTP Fetch, AutoIndexer and ODBC Fetch components, BEA WebLogic Portal |
| customers |
| may deploy 1 instance for testing and 1 instance for hot |
| backup/failover (which |
| may only go live in the event that the machine running the production |
| instance |
| goes down). Use of the TIBCO Rendezvous Control and Event |
| Generator included |
| with BEA WebLogic Integration in no manner confers or grants any right |
| or license |
| to use TIBCO Rendezvous including “dynamic |
| libraries”. In |
| order to use such TIBCO products, you must obtain a valid license from |
| TIBCO. Your |
| use BEA Workshop for WebLogic is limited to use with BEA WebLogic |
| Server only. Use |
| of BEA Workshop for WebLogic with any other application server is |
| prohibited |
| and shall constitute a material breach of this |
| agreement. <br> |
| <strong></strong><br> |
| f. Ownership |
| Rights. |
| You may modify the Software in accordance with the Documentation |
| solely to |
| allow for interoperability with your internal MIS system. Such |
| modifications |
| shall not be derivative works, nor shall you create or attempt to |
| create any |
| derivative works from the Software. Title, ownership rights and all |
| intellectual |
| property rights in and to the Software shall remain the sole and |
| exclusive |
| property of BEA.</p> |
| <p>g. Copies and Number |
| of Users. The |
| terms of this Section 1(f) are applicable to you if you are a |
| Development Use |
| customer or Production Use customer. You may make a reasonable number |
| of copies |
| of the Software and Documentation (provided that all copyright and |
| other proprietary |
| notices of BEA and its licensors are reproduced), solely for archival |
| purposes. |
| If you do copy for this purpose, you will preserve any proprietary |
| rights notices |
| on the Software and place such notices on any and all copies you made |
| or make. If |
| you would like to change the number of Users, or number or |
| identity of |
| Sites, CPU’s and/or Servers indicated on your invoice, you must |
| contact |
| BEA in writing for our approval; you may be subject to additional |
| fees. </p> |
| <p>h. Territory. |
| The license |
| grants hereunder are limited to use within the Territory.</p> |
| <p>i. Audit. |
| BEA |
| may, at any time with seven (7) days prior written notice, request and |
| gain |
| access to your premises subject to your security procedures, for the |
| limited |
| purpose of conducting an audit to determine and verify that you are in |
| compliance |
| with these terms and conditions. You will promptly grant such |
| access |
| and cooperate with BEA in the audit. The Audit will be conducted |
| in a |
| manner not intended to unreasonably disrupt your business and will be |
| restricted |
| in scope, manner and duration to that reasonably necessary to achieve |
| its purpose. You |
| will be liable for promptly remedying discrepancies revealed during |
| the audit, |
| including reimbursement to BEA for the costs of the Audit and any |
| underpayments.</p> |
| <p>2. LICENSE FEES. </p> |
| <p>a. Payment and |
| Taxes. In |
| consideration of the applicable license(s) granted pursuant to |
| Sections 1(b), |
| 1(d) or 1(e), you agree to pay BEA the total non-refundable and |
| non-cancelable |
| license fee(s) within thirty (30) da’s of BEA's invoice. You |
| will pay |
| all sales, use, VAT and other consumption taxes, personal property |
| taxes and |
| other taxes (other than those based on BEA’s net income) unless |
| you furnish |
| BEA with written proof of exemption. BEA may assess interest |
| charges |
| of one percent (1%) per month for late payments.</p> |
| <p>b. Foreign |
| Taxes. If |
| you download and/or use the Software outside the United States, you |
| agree that |
| the amounts to be remitted to BEA are to be the actual amounts due |
| without |
| withholding taxes or other assessments by authorities anywhere in the |
| foreign |
| location, which withholding taxes or assessments you agree to pay. You |
| will |
| promptly furnish BEA with certificates evidencing payment of such |
| amounts. </p> |
| <p>3. SUPPORT SERVICES |
| </p> |
| <p>You must purchase annual Support Services from BEA in order to |
| qualify for |
| the Support Services described in detail at <a |
| href="http://www.bea.com/support/programs.html">http://www.bea.com/suppo |
| rt/programs.html</a>.<br> |
| .</p> |
| <p>a. Support Services. |
| Support |
| Services generally means that BEA will provide: (i) Maintenance |
| Updates and |
| Upgrades (“Maintenance Releases”) if, as and when BEA |
| makes any |
| such Maintenance Releases generally available and (ii) |
| helpdesk assistance |
| with respect to the Software, including (a) clarification of functions |
| and |
| features; (b) clarification of documentation; (c) guidance in |
| the operation |
| of the Software; and (d) Software error analysis. BEA will use |
| reasonable efforts |
| to provide error corrections or work-arounds for the most severe |
| errors as |
| soon as possible and based upon BEA’s classification of the |
| severity |
| of the error. Support Services will be provided only with respect to |
| versions |
| of the Software that, in accordance with BEA policy, are then being |
| supported |
| by BEA. </p> |
| <p>b. Your |
| Responsibilities. |
| You agree to provide BEA with reasonable access to your personnel and |
| equipment, |
| if necessary, during normal business hours in order to provide Support |
| Services. |
| You agree to document and promptly report all errors or malfunctions |
| of the |
| Software to BEA. You agree to pay the Support Services |
| fees when |
| due, and if you do not do so within thirty (30) days after any such |
| amount |
| becomes due, BEA may suspend performance of its Support Services |
| obligations.</p> |
| <p>4. LIMITED WARRANTY </p> |
| <p>a. Limited Warranty. |
| With |
| respect to the Software licensed for a fee for Development Use or |
| Production |
| Use, BEA warrants that the Software will conform in all material |
| respects to |
| the Documentation for a period of ninety (90) days from the date of |
| delivery |
| of the Software. BEA does not warrant that operation of the |
| Software |
| will be uninterrupted or “bug” free. If BEA |
| breaches the |
| foregoing warranty and you promptly notify BEA in writing of the |
| nature of |
| the breach, BEA shall make commercially reasonable efforts to promptly |
| repair |
| or replace the non-conforming Software, without charge. If, |
| after a reasonable |
| opportunity to cure, BEA does not repair or replace the non-conforming |
| Software, |
| you must return the Software and the Documentation to BEA, or certify |
| in writing |
| that all copies have been destroyed, and BEA will refund the fees it |
| received |
| for the Software to you. This is your sole and exclusive remedy |
| for breach |
| of the exclusive warranty set forth above </p> |
| <p>b. Disclaimer. THE |
| FOREGOING |
| WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR |
| IMPLIED, |
| INLCUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS |
| FOR A |
| PARTICULAR PURPOSE. </p> |
| <p>5. LIMITATION OF |
| LIABILITY </p> |
| <p>a. Evaluation Use; |
| WebLogic |
| SDK Use. Evaluation Use Software and WebLogic SDK are provided |
| gratuitously |
| and, therefore, BEA and its suppliers shall not be liable for any |
| direct, indirect, |
| incidental, special, punitive or consequential damages under any |
| theory of |
| liability whether in tort, contract, strict liability or otherwise |
| even if |
| advised of the possibility of such damages. </p> |
| <p>b. Development Use |
| and Production |
| Use. With respect to Development Use and Production Use, |
| BEA’s |
| aggregate liability to you for damages concerning performance or |
| nonperformance |
| by BEA or in any way related to this Agreement, and regardless of |
| whether the |
| claim for such damages is based in contract, tort, strict liability of |
| otherwise, |
| shall not exceed the license fees received by BEA for the affected |
| Software |
| for the twelve (12) month period preceding the occurrence of such |
| liability. |
| In no event shall BEA be liable for any indirect, incidental, special, |
| punitive |
| or consequential damages, lost data or lost profits, even if BEA has |
| been advised |
| as to the possibility of such damages.</p> |
| <p>c. |
| Applicability. Some |
| States do not permit disclaimers of certain warranties or limitations |
| on certain |
| types of liability under certain circumstances; consequently, some of |
| the foregoing |
| disclaimers and limitations may not be applicable to you, in whole or |
| in part. </p> |
| <p>6. SOFTWARE CHANGES. </p> |
| <p>BEA reserves the right at any time not to release or to discontinue |
| release |
| of any Software and to alter prices, features, specifications, |
| capabilities, |
| functions, licensing terms, release dates, general availability or |
| other characteristics |
| of the Software. </p> |
| <p>7. INTELLECTUAL |
| PROPERTY |
| INDEMNIFICATION. </p> |
| <p>a. Defense. If a |
| third party |
| claims that your use of the Software infringes any United States |
| copyright, |
| you must promptly notify BEA in writing. BEA will defend you |
| against |
| such claim if you fully cooperate with BEA and allow BEA to control |
| the defense |
| and all related settlement negotiations, and then BEA will indemnify |
| you from |
| and against any damages finally awarded for such infringement.</p> |
| <p>Injunctive Relief. If an injunction is sought or obtained |
| against your |
| use of the Software as a result of a third party infringement claim, |
| BEA may, |
| at its sole option and expense, (i) procure for you the right to |
| continue using |
| the affected Software, (ii) replace or modify the affected Software |
| with functionally |
| equivalent software so that it does not infringe, or, if either (i) of |
| (ii) |
| is not commercially feasible, (iii) terminate the licenses and refund |
| the license |
| fees received for the affected Software on a pro rata basis using a |
| thirty |
| six (36) month amortization schedule.</p> |
| <p>c. Disclaimer of |
| Liability. BEA |
| shall have no liability for any third party claim of infringement |
| based upon |
| (i) use of other than the then current, unaltered version of the |
| applicable |
| Software, unless the infringing portion is also in the then current, |
| unaltered |
| release; (ii) use, operation or combination of the applicable Software |
| with |
| non-BEA programs, data, equipment or documentation if such |
| infringement would |
| have been avoided but for such use, operation or combination; or (iii) |
| any |
| third party software. The foregoing constitutes the entire |
| liability |
| of BEA, and your sole and exclusive remedy with respect to any third |
| party |
| claims of infringement. </p> |
| <p>8. TERM AND TERMINATION. |
| </p> |
| <p>a. Acceptance of |
| Agreement; |
| Termination. This Agreement takes effect upon the earlier of (i) |
| your |
| electronic indication of your selection of the ACCEPTANCE button at |
| the end |
| of this License Agreement, (ii) your downloading of the Software, |
| (iii) your |
| use of the Software, or (iv) receipt by BEA of a valid, binding |
| purchase order, |
| Agreement or other ordering document for the Software, and will remain |
| in force |
| until terminated in accordance with this Agreement. This |
| Agreement may |
| be terminated by you upon thirty ’30) days' prior written notice |
| to BEA |
| or by destroying or returning to BEA all copies and partial |
| copies of |
| the Software and Documentation under your control; provided that no |
| such termination |
| will entitle you to a refund of any portion of the License or Support |
| Services |
| Fees. BEA may, by written notice to you, terminate this Agreement |
| immediately |
| if any of the following events occur: (a) you fail to pay any amount |
| due to |
| BEA within thirty (30) days after BEA gives you written notice of such |
| nonpayment; (b) |
| you are in material breach of any non-monetary provision of this |
| Agreement, |
| which breach, if capable of being cured, is not cured within thirty |
| (30) days |
| after BEA gives you written notice thereof, or (c) you declare |
| bankruptcy or |
| make an assignment to or for the benefit of creditors.</p> |
| <p>b. |
| Survival. Upon |
| termination of this Agreement for non-default, the provisions of |
| Sections 1, |
| 2, 4(b), 5, 7(c), 8, 10 and 11 will survive. Upon termination |
| of this |
| Agreement for default, the provisions of Sections 1(f), 1(g), 1(j), 2, |
| 4(b), |
| 5, 7(c), 8, 9, 10 and 11 will survive.</p> |
| <p>c. Effect of |
| Termination. |
| Within thirty (30) days after the date of termination or |
| discontinuance of |
| this Agreement for any reason whatsoever, you shall destroy the |
| Software and |
| all copies, in whole or in part, all Documentation relating thereto, |
| and any |
| other BEA confidential information in your possession that is in |
| tangible form. </p> |
| <p>9. UNITED STATES |
| GOVERNMENT RIGHTS. </p> |
| <p>The Software provided under this Agreement is commercial computer |
| software |
| developed exclusively at private expense, and in all respects are |
| proprietary |
| data belonging solely to BEA. </p> |
| <p>a. Department of |
| Defense End |
| Users: If the Software is acquired by or on behalf of agencies or |
| units of |
| the Department of Defense (DOD), then, pursuant to DoD FAR Supplement |
| Section |
| 227.7202 and its successors (48 C.F.R. 227.7202) the Government's |
| right to |
| use, reproduce or disclose the Software and any accompanying |
| documentation |
| acquired under this Agreement is subject to the restrictions of this |
| Agreement. </p> |
| <p>b. Civilian Agency |
| End Users: |
| If the Software is acquired by or on behalf of civilian agencies of |
| the United |
| States Government, then, pursuant to FAR Section 12.212 and its |
| successors |
| (48 C.F.R. 12.212), the Government's right to use, reproduce or |
| disclose the |
| Software acquired under this Agreement is subject to the restrictions |
| of this |
| Agre. </p> |
| <p>10. MISCELLANEOUS. </p> |
| <p>a. Force |
| Majeure. Neither |
| party shall be liable for any delay or failure in performance due to |
| causes |
| beyond its reasonable control. </p> |
| <p>b. Export Compliance. |
| You |
| may not download or otherwise export or re-export the Software or any |
| underlying |
| information or technology except in full compliance with all United |
| States |
| and other applicable laws and regulations. In particular, but without |
| limitation, |
| none of the Software or underlying information or technology may be |
| downloaded |
| or otherwise exported or re-exported (a) into (or to a national or |
| resident |
| of) Cuba, Iran, North Korea, Syria, or Sudan, or (b) to anyone on the |
| US Treasury |
| Department's list of Specially Designated Nationals or the US Commerce |
| Department's |
| Table of Denial Orders. By licensing the Software, you are agreeing to |
| the |
| foregoing and you are representing and warranting that you are not |
| located |
| in, under control of, or a national or resident of any such country or |
| on any |
| such list.</p> |
| <p>c. Assignment. You |
| may not |
| assign this Agreement without BEA’s prior written <br> |
| consent.</p> |
| <p>d. |
| Severability. If |
| any part of this Agreement is held to be unenforceable, in whole or in |
| part, |
| such holding will not affect the validity of the other parts of the |
| Agreement.</p> |
| <p>e. Waiver. The |
| waiver |
| of a breach of any provision of this Agreement will not operate or be |
| interpreted |
| as a waiver of any other or subsequent<br> |
| breach.</p> |
| <p>f. |
| Notices. All |
| notices permitted or required under this Agreement shall be in writing |
| and |
| shall be delivered in person, by FAX, overnight courier service or |
| mailed by |
| first class, registered or certified mail, postage prepaid, to the |
| address |
| of the party specified as accepting these terms and conditions upon |
| completion |
| of the registration sheet and ACCEPTANCE of this Agreement by clicking |
| on the |
| ACCEPTANCE<br> |
| button.</p> |
| <p>g. Governing Law and |
| Venue. Notwithstanding |
| the Territory, this Agreement will be governed by both the substantive |
| and |
| procedural laws of California, U.S.A., excluding its conflict of law |
| rules. |
| Any dispute regarding this Agreement will be heard in the state or |
| federal |
| courts having jurisdiction in Santa Clara County, California, U.S.A. |
| and you |
| agree that you shall be subject to the personal jurisdiction of such |
| <br> |
| courts. </p> |
| <p>h. Entire |
| Agreement. Any |
| amendment or modification to the Agreement must be in writing signed |
| by both |
| parties. This Agreement constitutes the entire agreement and |
| supersedes |
| all prior or contemporaneous oral or written agreements regarding the |
| subject |
| matter hereof. No terms, provisions or conditions of any purchase |
| order, acknowledgment |
| or other business form that you may use in connection with the |
| licensing of |
| the Software will have any effect on the rights, duties or obligations |
| of the |
| parties hereunder, or otherwise modify this Agreement, regardless of |
| any failure |
| of BEA to object to such terms, provisions or conditions.</p> |
| <p>i. |
| Acceptance. The |
| earlier of your (i) clicking on the ACCEPTANCE button, (ii) |
| downloading of |
| the Software, (iii) use of the Software or (iv) receipt by BEA of a |
| valid, |
| binding purchase order, Agreement or other ordering document for the |
| Software, |
| constitutes an acceptance of the terms of this Agreement. If you do |
| not agree |
| to be bound by these provisions, you are required to destroy all |
| copies of |
| the Software from your equipment immediately. </p> |
| <p>11. DEFINITIONS. </p> |
| <p> </p> |
| <p>a. |
| “Development Use" means |
| use of the Software by a Development Use customer to design, develop |
| and/or |
| test new applications for Production Use.</p> |
| <p>b. |
| "Documentation" means |
| BEA’s current user manuals, operating instructions and |
| installation guides |
| generally provided with the Software to its licensees. </p> |
| <p>c. |
| “Error” means |
| a failure of the Software to conform to the specifications as set |
| forth in |
| the Documentation, resulting in the inability to use the Software or a |
| material |
| restriction in use of the Software.</p> |
| <p>d. “Evaluation |
| Use” means |
| use of the Software solely for evaluation and trial for new |
| applications intended |
| to be run on or in conjunction with Production Use Software.</p> |
| <p>e. “Personal |
| Use” is |
| Development Use that is personal and non-commercial in nature. A |
| use |
| is non-commercial if Customer does not directly or indirectly use |
| Software |
| to operate a commercial enterprise, engage in commercial transactions |
| or otherwise |
| for pecuniary gain. While an academic institution may not make |
| Personal |
| Use of Software, individual students may qualify as Personal Use |
| users.</p> |
| <p>f. |
| “Maintenance |
| Release” means a subsequent version of the Software that |
| includes Updates |
| and/or Upgrades.</p> |
| <p>g. |
| “Multi-instance Configuration” means |
| operating multiple instances of Software concurrently where more than |
| one instance |
| is accessible from a single network address, regardless of the |
| technology used |
| to create such a configuration. Multi-instance Configuration includes, |
| but |
| is not limited to, multiple instances of Software running on the same |
| physical |
| computer, as well as all clustered configurations</p> |
| <p>h. "Production |
| Use" means |
| using the Software in your application for internal business purposes |
| only |
| which may include third party customers’ access to or use of |
| such applications. |
| Production Use does not include the right to reproduce the Software |
| for sublicensing, |
| resale, or distribution, including without limitation, operation on a |
| time |
| sharing or service bureau basis or distributing the Software as part |
| of an |
| ASP, VAR, OEM, distributor or reseller arrangement.</p> |
| <p> </p> |
| <p>i. |
| "Server" means |
| a single computer processor capable of executing the Software. <br> |
| k. "Site" |
| means the |
| specific, physical location of a Server, as set forth on your |
| registration |
| form.</p> |
| <p>j. |
| ””Software" means |
| the object code versions, extracts and/or derivative works of the |
| software |
| electronically downloaded from BEA’s website upon acceptance of |
| this |
| Agreement, and the related Documentation, including Maintenance |
| Releases provided |
| pursuant to the standard Support Services Terms and Conditions. </p> |
| <p>k. “Support |
| Services” means |
| technical support for Software under BEA’s then current |
| policies. </p> |
| <p>l. |
| “Support Services |
| Term” means the first year after the Effective Date of the |
| applicable |
| Software License Agreement and the related Order, plus any respective |
| renewal |
| terms.</p> |
| <p>m. “Territory” |
| means |
| the geographical territory into which you download the Software or |
| indicate |
| acceptance of this Agreement .</p> |
| <p>n. |
| “Update” means |
| either a Software modification or addition that, when made or added to |
| the |
| Software, corrects the Error, or a procedure or routine that, when |
| observed |
| in the regular operation of the Software, eliminates the practical |
| adverse |
| effect of the Error on customer.</p> |
| <p>o. |
| “Upgrade” means |
| a revision of the Software released by BEA to its end user customers |
| generally, |
| during the Support Services Term, to add new and different functions |
| or to |
| increase the capacity of the Software. Upgrade does not include |
| the release |
| of a new product or added features for which there may be a separate |
| charge. If |
| a question arises as to whether a new product offering is an Upgrade |
| or a new |
| product or feature, BEA’s opinion will prevail, provided that |
| BEA treats |
| the product offering as a new product or feature for its end user |
| customers |
| generally.</p> |
| <p>p. “WebLogic |
| SDK” means |
| that certain Software product designated as BEA WebLogic |
| SDK. </p> |
| </body> |
| </html> |
