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From chinth...@apache.org
Subject svn commit: r451879 - in /webservices/axis2/trunk/java/legal/min: activation-LICENSE.txt geronimo-spec-activation-LICENSE.txt geronimo-spec-javamail-LICENSE.txt mail-LICENSE.txt
Date Mon, 02 Oct 2006 04:51:51 GMT
Author: chinthaka
Date: Sun Oct  1 21:51:50 2006
New Revision: 451879

URL: http://svn.apache.org/viewvc?view=rev&rev=451879
Log:
Adding proper licenses

Added:
    webservices/axis2/trunk/java/legal/min/activation-LICENSE.txt
    webservices/axis2/trunk/java/legal/min/mail-LICENSE.txt
Removed:
    webservices/axis2/trunk/java/legal/min/geronimo-spec-activation-LICENSE.txt
    webservices/axis2/trunk/java/legal/min/geronimo-spec-javamail-LICENSE.txt

Added: webservices/axis2/trunk/java/legal/min/activation-LICENSE.txt
URL: http://svn.apache.org/viewvc/webservices/axis2/trunk/java/legal/min/activation-LICENSE.txt?view=auto&rev=451879
==============================================================================
--- webservices/axis2/trunk/java/legal/min/activation-LICENSE.txt (added)
+++ webservices/axis2/trunk/java/legal/min/activation-LICENSE.txt Sun Oct  1 21:51:50 2006
@@ -0,0 +1,119 @@
+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
+
+1. Definitions.
+
+1.1. Contributor means each individual or entity that creates or contributes to the creation
of Modifications.
+
+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.
+
+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.
+
+1.4. Executable means the Covered Software in any form other than Source Code.
+
+1.5. Initial Developer means the individual or entity that first makes Original Software
available under this License.
+
+1.6. Larger Work means a work which combines Covered Software or portions thereof with code
not governed by the terms of this License.
+
+1.7. License means this document.
+
+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.
+
+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.
+
+1.10. Original Software means the Source Code and Executable form of computer software code
that is originally released under this License.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 recipients 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.
+
+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.
+
+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.
+
+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.
+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.
+
+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.
+
+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 w
 ritten agreement with Participant.
+
+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 PARTYS 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 jurisdictions 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 language 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.
+
+NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
+The GlassFish code released under the CDDL shall be governed by the laws of the State of
California (excluding conflict-of-law provisions). Any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern District of California
and the state courts of the State of California, with venue lying in Santa Clara County, California.

+
+
+

Added: webservices/axis2/trunk/java/legal/min/mail-LICENSE.txt
URL: http://svn.apache.org/viewvc/webservices/axis2/trunk/java/legal/min/mail-LICENSE.txt?view=auto&rev=451879
==============================================================================
--- webservices/axis2/trunk/java/legal/min/mail-LICENSE.txt (added)
+++ webservices/axis2/trunk/java/legal/min/mail-LICENSE.txt Sun Oct  1 21:51:50 2006
@@ -0,0 +1,119 @@
+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
+
+1. Definitions.
+
+1.1. Contributor means each individual or entity that creates or contributes to the creation
of Modifications.
+
+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.
+
+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.
+
+1.4. Executable means the Covered Software in any form other than Source Code.
+
+1.5. Initial Developer means the individual or entity that first makes Original Software
available under this License.
+
+1.6. Larger Work means a work which combines Covered Software or portions thereof with code
not governed by the terms of this License.
+
+1.7. License means this document.
+
+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.
+
+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.
+
+1.10. Original Software means the Source Code and Executable form of computer software code
that is originally released under this License.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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.
+
+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 recipients 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.
+
+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.
+
+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.
+
+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.
+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.
+
+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.
+
+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 w
 ritten agreement with Participant.
+
+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 PARTYS 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 jurisdictions 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 language 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.
+
+NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
+The GlassFish code released under the CDDL shall be governed by the laws of the State of
California (excluding conflict-of-law provisions). Any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the Northern District of California
and the state courts of the State of California, with venue lying in Santa Clara County, California.

+
+
+



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