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From chir...@apache.org
Subject svn commit: r648249 - /activemq/trunk/assembly/src/release/LICENSE
Date Tue, 15 Apr 2008 13:39:15 GMT
Author: chirino
Date: Tue Apr 15 06:39:12 2008
New Revision: 648249

URL: http://svn.apache.org/viewvc?rev=648249&view=rev
Log:
adding the CDDL

Modified:
    activemq/trunk/assembly/src/release/LICENSE

Modified: activemq/trunk/assembly/src/release/LICENSE
URL: http://svn.apache.org/viewvc/activemq/trunk/assembly/src/release/LICENSE?rev=648249&r1=648248&r2=648249&view=diff
==============================================================================
--- activemq/trunk/assembly/src/release/LICENSE (original)
+++ activemq/trunk/assembly/src/release/LICENSE Tue Apr 15 06:39:12 2008
@@ -432,3 +432,188 @@
 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.
+
+=========================================================================
+== For jaxb-api and jaxb-impl (CDDL)                                   ==
+== Source code is at java.net                                          ==
+=========================================================================
+
+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
+Version 1.0
+
+    *
+
+      1. Definitions.
+          o
+
+            1.1. “Contributor” means each individual or entity that creates or
contributes to the creation of Modifications.
+          o
+
+            1.2. “Contributor Version” means the combination of the Original Software,
prior Modifications used by a Contributor (if any), and the Modifications made by that particular
Contributor.
+          o
+
+            1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
or (c) the combination of files containing Original Software with files containing Modifications,
in each case including portions thereof.
+          o
+
+            1.4. “Executable” means the Covered Software in any form other than
Source Code.
+          o
+
+            1.5. “Initial Developer” means the individual or entity that first
makes Original Software available under this License.
+          o
+
+            1.6. “Larger Work” means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
+          o
+
+            1.7. “License” means this document.
+          o
+
+            1.8. “Licensable” means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired, any and all of
the rights conveyed herein.
+          o
+
+            1.9. “Modifications” means the Source Code and Executable form of any
of the following:
+                +
+
+                  A. Any file that results from an addition to, deletion from or modification
of the contents of a file containing Original Software or previous Modifications;
+                +
+
+                  B. Any new file that contains any part of the Original Software or previous
Modification; or
+                +
+
+                  C. Any new file that is contributed or otherwise made available under the
terms of this License.
+          o
+
+            1.10. “Original Software” means the Source Code and Executable form
of computer software code that is originally released under this License.
+          o
+
+            1.11. “Patent Claims” means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims, in any patent
Licensable by grantor.
+          o
+
+            1.12. “Source Code” means (a) the common form of computer software
code in which modifications are made and (b) associated documentation included in or with
such code.
+          o
+
+            1.13. “You” (or “Your”) means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this License. For legal entities,
“You” includes any entity which controls, is controlled by, or is under common control
with You. For purposes of this definition, “control” means (a) the power, direct
or indirect, to cause the direction or management of such entity, whether by contract or otherwise,
or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
+    *
+
+      2. License Grants.
+          o
+
+            2.1. The Initial Developer Grant.
+
+            Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, the Initial Developer hereby grants You a world-wide,
royalty-free, non-exclusive license:
+                +
+
+                  (a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer, to use, reproduce, modify, display, perform, sublicense and
distribute the Original Software (or portions thereof), with or without Modifications, and/or
as part of a Larger Work; and
+                +
+
+                  (b) under Patent Claims infringed by the making, using or selling of Original
Software, to make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose
of the Original Software (or portions thereof).
+                +
+
+                  (c) The licenses granted in Sections 2.1(a) and (b) are effective on the
date Initial Developer first distributes or otherwise makes the Original Software available
to a third party under the terms of this License.
+                +
+
+                  (d) Notwithstanding Section 2.1(b) above, no patent license is granted:
(1) for code that You delete from the Original Software, or (2) for infringements caused by:
(i) the modification of the Original Software, or (ii) the combination of the Original Software
with other software or devices.
+          o
+
+            2.2. Contributor Grant.
+
+            Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
+                +
+
+                  (a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor to use, reproduce, modify, display, perform, sublicense and distribute
the Modifications created by such Contributor (or portions thereof), either on an unmodified
basis, with other Modifications, as Covered Software and/or as part of a Larger Work; and
+                +
+
+                  (b) under Patent Claims infringed by the making, using, or selling of Modifications
made by that Contributor either alone and/or in combination with its Contributor Version (or
portions of such combination), to make, use, sell, offer for sale, have made, and/or otherwise
dispose of: (1) Modifications made by that Contributor (or portions thereof); and (2) the
combination of Modifications made by that Contributor with its Contributor Version (or portions
of such combination).
+                +
+
+                  (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
the date Contributor first distributes or otherwise makes the Modifications available to a
third party.
+                +
+
+                  (d) Notwithstanding Section 2.2(b) above, no patent license is granted:
(1) for any code that Contributor has deleted from the Contributor Version; (2) for infringements
caused by: (i) third party modifications of Contributor Version, or (ii) the combination of
Modifications made by that Contributor with other software (except as part of the Contributor
Version) or other devices; or (3) under Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.
+    *
+
+      3. Distribution Obligations.
+          o
+
+            3.1. Availability of Source Code.
+
+            Any Covered Software that You distribute or otherwise make available in Executable
form must also be made available in Source Code form and that Source Code form must be distributed
only under the terms of this License. You must include a copy of this License with every copy
of the Source Code form of the Covered Software You distribute or otherwise make available.
You must inform recipients of any such Covered Software in Executable form as to how they
can obtain such Covered Software in Source Code form in a reasonable manner on or through
a medium customarily used for software exchange.
+          o
+
+            3.2. Modifications.
+
+            The Modifications that You create or to which You contribute are governed by
the terms of this License. You represent that You believe Your Modifications are Your original
creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.
+          o
+
+            3.3. Required Notices.
+
+            You must include a notice in each of Your Modifications that identifies You as
the Contributor of the Modification. You may not remove or alter any copyright, patent or
trademark notices contained within the Covered Software, or any notices of licensing or any
descriptive text giving attribution to any Contributor or the Initial Developer.
+          o
+
+            3.4. Application of Additional Terms.
+
+            You may not offer or impose any terms on any Covered Software in Source Code
form that alters or restricts the applicable version of this License or the recipients’
rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity
or liability obligations to one or more recipients of Covered Software. However, you may do
so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor.
You must make it absolutely clear that any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer
and every Contributor for any liability incurred by the Initial Developer or such Contributor
as a result of warranty, support, indemnity or liability terms You offer.
+          o
+
+            3.5. Distribution of Executable Versions.
+
+            You may distribute the Executable form of the Covered Software under the terms
of this License or under the terms of a license of Your choice, which may contain terms different
from this License, provided that You are in compliance with the terms of this License and
that the license for the Executable form does not attempt to limit or alter the recipient’s
rights in the Source Code form from the rights set forth in this License. If You distribute
the Covered Software in Executable form under a different license, You must make it absolutely
clear that any terms which differ from this License are offered by You alone, not by the Initial
Developer or Contributor. You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor as a result of any
such terms You offer.
+          o
+
+            3.6. Larger Works.
+
+            You may create a Larger Work by combining Covered Software with other code not
governed by the terms of this License and distribute the Larger Work as a single product.
In such a case, You must make sure the requirements of this License are fulfilled for the
Covered Software.
+    *
+
+      4. Versions of the License.
+          o
+
+            4.1. New Versions.
+
+            Sun Microsystems, Inc. is the initial license steward and may publish revised
and/or new versions of this License from time to time. Each version will be given a distinguishing
version number. Except as provided in Section 4.3, no one other than the license steward has
the right to modify this License.
+          o
+
+            4.2. Effect of New Versions.
+
+            You may always continue to use, distribute or otherwise make the Covered Software
available under the terms of the version of the License under which You originally received
the Covered Software. If the Initial Developer includes a notice in the Original Software
prohibiting it from being distributed or otherwise made available under any subsequent version
of the License, You must distribute and make the Covered Software available under the terms
of the version of the License under which You originally received the Covered Software. Otherwise,
You may also choose to use, distribute or otherwise make the Covered Software available under
the terms of any subsequent version of the License published by the license steward.
+          o
+
+            4.3. Modified Versions.
+
+            When You are an Initial Developer and You want to create a new license for Your
Original Software, You may create and use a modified version of this License if You: (a) rename
the license and remove any references to the name of the license steward (except to note that
the license differs from this License); and (b) otherwise make it clear that the license contains
terms which differ from this License.
+    *
+
+      5. DISCLAIMER OF WARRANTY.
+
+      COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE
IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
+    *
+
+      6. TERMINATION.
+          o
+
+            6.1. This License and the rights granted hereunder will terminate automatically
if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming
aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.
+          o
+
+            6.2. If You assert a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer or Contributor
against whom You assert such claim is referred to as “Participant”) alleging that
the Participant Software (meaning the Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or indirectly to You by such
Participant, the Initial Developer (if the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively and automatically at the expiration of such 60 day notice
period, unless if within such 60 day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally
  or pursuant to a written agreement with Participant.
+          o
+
+            6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
licenses that have been validly granted by You or any distributor hereunder prior to termination
(excluding licenses granted to You by any distributor) shall survive termination.
+    *
+
+      7. LIMITATION OF LIABILITY.
+
+      UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE),
CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR
OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY
TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
NOT APPLY TO YOU.
+    *
+
+      8. U.S. GOVERNMENT END USERS.
+
+      The Covered Software is a “commercial item,” as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as that
term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software
documentation” as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with
48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
End Users acquire Covered Software with only those rights set forth herein. This U.S. Government
Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision
that addresses Government rights in computer software under this License.
+    *
+
+      9. MISCELLANEOUS.
+
+      This License represents the complete agreement concerning subject matter hereof. If
any provision of this License is held to be unenforceable, such provision shall be reformed
only to the extent necessary to make it enforceable. This License shall be governed by the
law of the jurisdiction specified in a notice contained within the Original Software (except
to the extent applicable law, if any, provides otherwise), excluding such jurisdiction’s
conflict-of-law provisions. Any litigation relating to this License shall be subject to the
jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained
within the Original Software, with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys’ fees and expenses. The application
of the United Nations Convention on Contracts for the International Sale of Goods is expressly
excluded. Any law or regulation which provides that the langu
 age of a contract shall be construed against the drafter shall not apply to this License.
You agree that You alone are responsible for compliance with the United States export administration
regulations (and the export control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
+    *
+
+      10. RESPONSIBILITY FOR CLAIMS.
+
+      As between Initial Developer and the Contributors, each party is responsible for claims
and damages arising, directly or indirectly, out of its utilization of rights under this License
and You agree to work with Initial Developer and Contributors to distribute such responsibility
on an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission
of liability.



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