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Oracle® Enterprise Manager Configuration Change Console User's Guide
10g Version 10.2.0.5 for Windows or UNIX

E15313-01
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E Third Party Licenses

This appendix contains licensing information about certain third party products included with Configuration Change Console 10g Release. Unless otherwise specifically noted, all licenses herein are provided for notice purposes only.The sections in this chapter describe the third party licenses:

Apache Software Foundation Licenses

The following sections provided licensing information for the following versions of Apache software licenses:

Apache Software License, Version 1.1

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

The end-user documentation included with the redistribution, if any, must include the following acknowledgment:

"This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation. For more information on the Apache Software Foundation, please see http://www.apache.org.

Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign.

This product includes the following software from the Apache Software Foundation (http://www.apache.org) licensed to Oracle under Apache License 1.1 and that include the following copyright notices:

Apache Avalon 4.1.3

Copyright © 2008 The Apache Software Foundation, Licensed under the Apache License, Version 2.0.

Apache Crimson 1.1.1

Copyright © 2008 The Apache Software Foundation, Licensed under the Apache License, Version 2.0.

Xerces 2.6.2

Copyright (c) 2000 The Apache Software Foundation. All rights reserved.

Ant 1.5.1

Copyright (c) 2000-2003 The Apache Software Foundation. All rights reserved.

Apache Software License, Version 2.0

Apache License

Version 2.0, January 2004

http://www.apache.org/licenses/

This product includes the following software from the Apache Software Foundation (http://www.apache.org) licensed to Oracle under Apache License 2.0 and that include the following copyright notices:

Log4J 1.2.8

Copyright © 2008 The Apache Software Foundation, Licensed under the Apache License, Version 2.0.

Apache Axis, Version 1.2RC2

Copyright © 2008 The Apache Software Foundation, Licensed under the Apache License, Version 2.0.

LogKit

Copyright 2004 Apache Software Foundation.

Codehaus Plexus

© 2001-2007 Codehaus

Spring 2.0.2

© 2002-2007 The Spring Framework (http://springframework.org).

All Spring projects are licensed under the terms of the Apache License, version 2.0

Pluto 1.1.0

© 2003-2008 Apache Software Foundation

Apache Commons 1.0

All source and documentation of the Commons project is copyrighted by the Apache Software Foundation, and made available under the Apache License, version 2.0

Apache Tomcat Commons

All source and documentation of the Commons project is copyrighted by the Apache Software Foundation, and made available under the Apache License, version 2.0

CGILIB 2.0.1

Copyright © 2002-2003 cglib. All Rights Reserved.

Jaxen

Copyright © 2001-2007, Codehaus.

We use an Apache-style open source license which is one of the least restrictive licenses around, you can use jaxen to create new products without them having to be open source.

Xalan

Copyright © 2005 The Apache Software Foundation. All Rights Reserved.

ODMG Library

Copyright © 2002-2006 The Apache Software Foundation. All Rights Reserved. Published under the Apache License 2.0

Catalina

Copyright © 2000-2002 The Apache Software Foundation. All Rights Reserved.

SNMP4J

Copyright © 2003-2008, SNMP4J.org. All right reserved.

Struts 1.2.9

Copyright © 2000-2008 The Apache Software Foundation. All Rights Reserved.

Castor 0.95

Copyright 2004-2005 Werner Guttmann. Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License.

Sun Binary Code License Agreement

Sun JSDK 1.5

Sun Microsystems, Inc. Binary Code License Agreement

for the JAVA 2 PLATFORM STANDARD EDITION DEVELOPMENT KIT 5.0

SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

  1. DEFINITIONS. "Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Sun, and any user manuals, programming guides and other documentation provided to you by Sun under this Agreement. "General Purpose Desktop Computers and Servers" means computers, including desktop, laptop and tablet computers, or servers, used for general computing functions under end user control (such as but not specifically limited to email, general purpose Internet browsing, and office suite productivity tools). The use of Software in systems and solutions that provide dedicated functionality (other than as mentioned above) or designed for use in embedded or function-specific software applications, for example but not limited to: Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu -ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are excluded from this definition and not licensed under this Agreement. "Programs" means Java technology applets and applications intended to run on the Java Platform Standard Edition (Java SE) platform on Java-enabled General Purpose Desktop Computers and Servers.

  2. LICENSE TO USE. Subject to the terms and conditions of this Agreement, including, but not limited to the Java Technology Restrictions of the Supplemental License Terms, Sun grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.

  3. RESTRICTIONS. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Licensed Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun Microsystems, Inc. disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

  4. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

  5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

  6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

  7. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.

  8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

  9. TRADEMARKS AND LOGOS. You acknowledge and agree as between you and Sun that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service marks, logos and other brand designations ("Sun Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks inures to Sun's benefit.

  10. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

  11. GOVERNING LAW. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

  12. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

  13. INTEGRATION. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.

  1. Software Internal Use and Development License Grant. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software "README" file incorporated herein by reference, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.

  2. License to Distribute Software. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including, but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software, (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

  3. License to Distribute Redistributables. Subject to the terms and conditions of this Agreement and restrictions and exceptions set forth in the Software README file, including but not limited to the Java Technology Restrictions of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified, and only bundled as part of Programs, (ii) the Programs add significant and primary functionality to the Redistributables, (iii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (v) you only distribute the Redistributables pursuant to a license agr eement that protects Sun's interests consistent with the terms contained in the Agreement, (vi) you agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

  4. Java Technology Restrictions. You may not create, modify, or change the behavior of, or authorize your licensees to create, modify, or change the behavior of, classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any naming convention designation.

  5. Distribution by Publishers. This section pertains to your distribution of the Software with your printed book or magazine (as those terms are commonly used in the industry) relating to Java technology ("Publication"). Subject to and conditioned upon your compliance with the restrictions and obligations contained in the Agreement, in addition to the license granted in Paragraph 1 above, Sun hereby grants to you a non-exclusive, nontransferable limited right to reproduce complete and unmodified copies of the Software on electronic media (the "Media") for the sole purpose of inclusion and distribution with your Publication(s), subject to the following terms: (i) You may not distribute the Software on a stand-alone basis; it must be distributed with your Publication(s); (ii) You are responsible for downloading the Software from the applicable Sun web site; (iii) You must refer to the Software as JavaTM 2 Platform Standard Edition Development Kit 5.0; (iv) The Software must be reproduced in its entirety and wit hout any modification whatsoever (including, without limitation, the Binary Code License and Supplemental License Terms accompanying the Software and proprietary rights notices contained in the Software); (v) The Media label shall include the following information: Copyright 2006, Sun Microsystems, Inc. All rights reserved. Use is subject to license terms. Sun, Sun Microsystems, the Sun logo, Solaris, Java, the Java Coffee Cup logo, J2SE, and all trademarks and logos based on Java are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries. This information must be placed on the Media label in such a manner as to only apply to the Sun Software; (vi) You must clearly identify the Software as Sun's product on the Media holder or Media label, and you may not state or imply that Sun is responsible for any third-party software contained on the Media; (vii) You may not include any third party software on the Media which is intended to be a replacement or substitute for the Soft ware; (viii) You shall indemnify Sun for all damages arising from your failure to comply with the requirements of this Agreement. In addition, you shall defend, at your expense, any and all claims brought against Sun by third parties, and shall pay all damages awarded by a court of competent jurisdiction, or such settlement amount negotiated by you, arising out of or in connection with your use, reproduction or distribution of the Software and/or the Publication. Your obligation to provide indemnification under this section shall arise provided that Sun: (a) provides you prompt notice of the claim; (b) gives you sole control of the defense and settlement of the claim; (c) provides you, at your expense, with all available information, assistance and authority to defend; and (d) has not compromised or settled such claim without your prior written consent; and (ix) You shall provide Sun with a written notice for each Publication; such notice shall include the following information: (1) title of Publication, (2) author(s), (3) date of Publication, and (4) ISBN or ISSN numbers. Such notice shall be sent to Sun Microsystems, Inc., 4150 Network Circle, M/S USCA12-110, Santa Clara, California 95054, U.S.A , Attention: Contracts Administration.

  6. Source Code. Software may contain source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.

  7. Third Party Code. Additional copyright notices and license terms applicable to portions of the Software are set forth in the THIRDPARTYLICENSEREADME.txt file. In addition to any terms and conditions of any third party opensource/freeware license identified in the THIRDPARTYLICENSEREADME.txt file, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.

  8. Termination for Infringement. Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right.

  9. Installation and Auto-Update. The Software's installation and auto-update processes transmit a limited amount of data to Sun (or its service provider) about those specific processes to help Sun understand and optimize them. Sun does not associate the data with personally identifiable information. You can find more information about the data Sun collects at http://java.com/data/.

For inquiries please contact: Sun Microsystems, Inc., 4150

Network Circle, Santa Clara, California 95054, U.S.A.

(LFI#143333/Form ID#011801)

Javamail

Sun Microsystems, Inc. ("Sun") ENTITLEMENT for SOFTWARE

Licensee/Company: Entity receiving Software.

Effective Date: Date of delivery of the Software to You.

Software: JavaMail 1.4.

License Term: Perpetual (subject to termination under the SLA).

Licensed Unit: Software Copy.

Licensed unit Count: Unlimited.

Permitted Uses:

  1. Definitions.

    1. "Entitlement" means the collective set of applicable documents authorized by Sun evidencing your obligation to pay associated fees (if any) for the license, associated Services, and the authorized scope of use of Software under this Agreement.

    2. "Licensed Unit" means the unit of measure by which your use of Software and/or Service is licensed, as described in your Entitlement.

    3. "Permitted Use" means the licensed Software use(s) authorized in this Agreement as specified in your Entitlement. The Permitted Use for any bundled Sun software not specified in your Entitlement will be evaluation use as provided in Section 3.

    4. "Service" means the service(s) that Sun or its delegate will provide, if any, as selected in your Entitlement and as further described in the applicable service listings at www.sun.com/service/servicelist.

    5. "Software" means the Sun software described in your Entitlement. Also, certain software may be included for evaluation use under Section 3.

    6. "You" and "Your" means the individual or legal entity specified in the Entitlement, or for evaluation purposes, the entity performing the evaluation.

  2. License Grant and Entitlement.

    Subject to the terms of your Entitlement, Sun grants you a nonexclusive, nontransferable limited license to use Software for its Permitted Use for the license term. Your Entitlement will specify (a) Software licensed, (b) the Permitted Use, (c) the license term, and (d) the Licensed Units.

    Additionally, if your Entitlement includes Services, then it will also specify the (e) Service and (f) service term.

    If your rights to Software or Services are limited in duration and the date such rights begin is other than the purchase date, your Entitlement will provide that beginning date(s).

    The Entitlement may be delivered to you in various ways depending on the manner in which you obtain Software and Services, for example, the Entitlement may be provided in your receipt, invoice or your contract with Sun or authorized Sun reseller. It may also be in electronic format if you download Software.

  3. Permitted Use.

    As selected in your Entitlement, one or more of the following Permitted Uses will apply to your use of Software. Unless you have an Entitlement that expressly permits it, you may not use Software for any of the other Permitted Uses. If you don't have an Entitlement, or if your Entitlement doesn't cover additional software delivered to you, then such software is for your Evaluation Use.

    1. Evaluation Use. You may evaluate Software internally for a period of 90 days from your first use.

    2. Research and Instructional Use. You may use Software internally to design, develop and test, and also to provide instruction on such uses.

    3. Individual Use. You may use Software internally for personal, individual use.

    4. Commercial Use. You may use Software internally for your own commercial purposes.

    5. Service Provider Use. You may make Software functionality accessible (but not by providing Software itself or through outsourcing services) to your end users in an extranet deployment, but not to your affiliated companies or to government agencies.

  4. Licensed Units.

    Your Permitted Use is limited to the number of Licensed Units stated in your Entitlement. If you require additional Licensed Units, you will need additional Entitlement(s).

  5. Restrictions.

    1. The copies of Software provided to you under this Agreement are licensed, not sold, to you by Sun. Sun reserves all rights not expressly granted.

    2. You may make a single archival copy of Software, but otherwise may not copy, modify, or distribute Software. However if the Sun documentation accompanying Software lists specific portions of Software, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the Sun documentation.

    3. You may not rent, lease, lend or encumber Software.

    4. Unless enforcement is prohibited by applicable law, you may not decompile, or reverse engineer Software.

    5. The terms and conditions of this Agreement will apply to any Software updates, provided to you at Sun's discretion, that replace and/or supplement the original Software, unless such update contains a separate license.

    6. You may not publish or provide the results of any benchmark or comparison tests run on Software to any third party without the prior written consent of Sun.

    7. Software is confidential and copyrighted.

    8. Unless otherwise specified, if Software is delivered with embedded or bundled software that enables functionality of Software, you may not use such software on a stand-alone basis or use any portion of such software to interoperate with any program(s) other than Software.

    9. Software may contain programs that perform automated collection of system data and/or automated software updating services. System data collected through such programs may be used by Sun, its subcontractors, and its service delivery partners for the purpose of providing you with remote system services and/or improving Sun's software and systems.

    10. Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and Sun and its licensors disclaim any express or implied warranty of fitness for such uses.

    11. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.

  6. Term and Termination.

    The license and service term are set forth in your Entitlement(s). Your rights under this Agreement will terminate immediately without notice from Sun if you materially breach it or take any action in derogation of Sun's and/or its licensors' rights to Software. Sun may terminate this Agreement should any Software become, or in Sun's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Software and confirm compliance in writing to Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination of the Agreement.

  7. Java Compatibility and Open Source.

    Software may contain Java technology. You may not create additional classes to, or modifications of, the Java technology, except under compatibility requirements available under a separate agreement available at www.java.net.

    Sun supports and benefits from the global community of open source developers, and thanks the community for its important contributions and open standards-based technology, which Sun has adopted into many of its products.

    Please note that portions of Software may be provided with notices and open source licenses from such communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all Software in this distribution.

  8. Limited Warranty.

    Sun warrants to you that for a period of 90 days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software. Some states do not allow limitations on certain implied warranties, so the above may not apply to you. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.

  9. Disclaimer of Warranty.

    UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

  10. Limitation of Liability.

    TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.

  11. Export Regulations.

    All Software, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.

  12. U.S. Government Restricted Rights.

    If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).

  13. Governing Law.

    Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.

  14. Severability.

    If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

  15. Integration.

    This Agreement, including any terms contained in your Entitlement, is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

    Please contact Sun Microsystems, Inc. 4150 Network Circle, Santa Clara, California 95054 if you have questions.

BSH-CORE 1.3.0

BeanShell is a free software project. It's continued development depends on the interest and support of users and developers like you. The source code is available for you to use and extend or integrate into your software freely under either the terms of the Sun Public License or the GNU Lesser Public License (see below).

The "cost" of this software is simply to let us know how you are using BeanShell. You can do this by filling out the BeanShell User Info Form. Please feel free to wait until you have started using BeanShell to do this.

Dual Licensing: Sun Public License / Gnu Lesser Public License

BeanShell is dual licensed under both the SPL and LGPL. You may use and develop BeanShell under either license.

DOM4J

BSD style license

Redistribution and use of this software and associated documentation ("Software"), with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain copyright statements and notices. Redistributions must also contain a copy of this document.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

The name "DOM4J" must not be used to endorse or promote products derived from this Software without prior written permission of MetaStuff, Ltd. For written permission, please contact dom4j-info@metastuff.com.

Products derived from this Software may not be called "DOM4J" nor may "DOM4J" appear in their names without prior written permission of MetaStuff, Ltd. DOM4J is a registered trademark of MetaStuff, Ltd.

Due credit should be given to the DOM4J Project - http://www.dom4j.org

THIS SOFTWARE IS PROVIDED BY METASTUFF, LTD. AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL METASTUFF, LTD. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Copyright 2001-2005 (C) MetaStuff, Ltd. All Rights Reserved.

ANTLR 3

[The BSD License]

Copyright (c) 2003-2008, Terence Parr

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the author nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

JAVA SERVICE WRAPPER

Copyright (c) 1999, 2006 Tanuki Software, Inc.

Permission is hereby granted, free of charge, to any person obtaining a copy of the Java Service Wrapper and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Portions of the Software have been derived from source code developed by Silver Egg Technology under the following license:

Silver Egg Techology License -----------------------------------

Copyright (c) 2001 Silver Egg Technology

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sub-license, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

END Silver Egg Techology License -------------------------------------

JNI REGISTRY 3.1.3

Release 3.1.3, September 11, 2003

The com.ice.jni.registry package is a Java native interface for the Windows Registry API. This allows Java program to access, modify, and export Windows Registry resources.

The com.ice.jni.registry package has been placed into the public domain. Thus, you have absolutely no licensing issues to consider. You may do anything you wish with the code. Of course, I always appreciate it when you properly credit my work.

The package will work only with Java 1.1 and greater, and uses the Javasoft native interface, not the Netscape interface. The package also includes a DLL that implements the interface. The package has been used with JDK1.2, and JDK1.3, JDK1.4, as well as JDK1.1.8.

The package includes the pre-built DLL (debug and release), source code (both the Java and the DLL's C code), as well as the compiled Java classes.

The original release was posted on November 17, 1997. The current release is 3.1.3, which was posted on September 11, 2003.

WSDL4J

Permission to copy and display the Java APIs for WSDL Specification, in any medium without fee or royalty is hereby granted, provided that you include the following on ALL copies of the Java APIs for WSDL Specification, or portions thereof, that you make: 1. A link or URL to the Java APIs for WSDL Specification at this location: http://www-124.ibm.com/developerworks/projects/wsdl4j/ 2. The copyright notice as shown in the Java APIs for WSDL Specification. Except for the limited copyright license granted above, the material contained herein is not a license, either expressly or impliedly, to any intellectual property owned or controlled by any of the authors or developers of this material. The material contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, this material is provided AS IS AND WITH ALL FAULTS, and the authors and developers of this material hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THIS MATERIAL. IN NO EVENT WILL ANY AUTHOR OR DEVELOPER OF THIS MATERIAL BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PRO FITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS MATERIAL, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. The name and trademarks of the Authors may NOT be used in any manner, including advertising or publicity pertaining to the Java APIs for WSDL Specification or its contents without specific, written prior permission. Title to copyright in the Java APIs for WSDL Specification will at all times remain with the Authors. No other rights are granted by implication, estoppel or otherwise.

Concurrent.jar

All classes are released to the public domain and may be used for any purpose whatsoever without permission or acknowledgment. Portions of the CopyOnWriteArrayList and ConcurrentReaderHashMap classes are adapted from Sun JDK source code. These are copyright of Sun Microsystems, Inc, and are used with their kind permission, as described in this license (http://gee.cs.oswego.edu/dl/classes/EDU/oswego/cs/dl/util/sun-u.c.license.pdf).

AOPAlliance

LICENCE: all the source code provided by AOP Alliance is Public Domain. (http://aopalliance.sourceforge.net/)

XDOCLET 1.2.3

Copyright (c) 2000-2004, XDoclet Team

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of the XDoclet team nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY

DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Other Licenses

Licenses of the products XDoclet depends on:

Jakarta Ant (http://xdoclet.sourceforge.net/xdoclet/licenses/ant-license.html)

Xerces (http://xdoclet.sourceforge.net/xdoclet/licenses/xerces-license.html)

JDOM 1.0B9

Copyright (C) 2000-2004 Jason Hunter & Brett McLaughlin.

All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer.

  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution.

  3. The name "JDOM" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact <request_AT_jdom_DOT_org>.

  4. Products derived from this software may not be called "JDOM", nor may "JDOM" appear in their name, without prior written permission from the JDOM Project Management <request_AT_jdom_DOT_org>.

In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: "This product includes software developed by the JDOM Project (http://www.jdom.org/)." Alternatively, the acknowledgment may be graphical using the logos available at http://www.jdom.org/images/logos.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE JDOM AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the JDOM Project and was originally created by Jason Hunter <jhunter_AT_jdom_DOT_org> and Brett McLaughlin <brett_AT_jdom_DOT_org>. For more information on the JDOM Project, please see <http://www.jdom.org/>.

MSVP60.DLL

Vcredist.exe installs the latest run-time components for Visual C++ applications

View products that this article applies to. (http://support.microsoft.com/default.aspx?scid=kb;en-us;259403#appliesto)

Article ID: 259403

Last Review: July 18, 2007

Revision: 6.7

This article was previously published under Q259403

SUMMARY

Vcredist.exe is a self-extracting executable file that installs the latest version of the Microsoft Visual C++ run-time files and operating system components that are required by most projects created with Visual C++ 6.0. These files include fixes that are included with Visual Studio 6.0 Service Pack 4 (SP4).

Beginning with Visual Studio 6.0 Service Pack 5, Vcredist.exe is included with the service pack. The Vcredist.exe pointed to by this article will continue to be the Visual Studio 6.0 Service Pack 4 version. To obtain the latest version of Vcredist.exe, you will need to get a copy of the latest service pack. For details, see the following Microsoft Developer Network (MSDN) Web site:

http://msdn2.microsoft.com/en-us/vstudio/aa718359.aspx (http://msdn2.microsoft.com/en-us/vstudio/aa718359.aspx)

MORE INFORMATION

To obtain the Vcredist.exe update, download and run the following application, which installs Vcredist.exe to the directory that you specify.

The following file is available for download from the Microsoft Download Center:

Download the VC6RedistSetup_enu.exe package now. (http://download.microsoft.com/download/vc60pro/update/1/w9xnt4/en-us/vc6redistsetup_enu.exe)

For more information about how to download Microsoft support files, click the following article number to view the article in the Microsoft Knowledge Base:

119591 (http://support.microsoft.com/kb/119591/) How to obtain Microsoft support files from online services

Microsoft scanned this file for viruses. Microsoft used the most current virus-detection software that was available on the date that the file was posted. The file is stored on security-enhanced servers that help prevent any unauthorized changes to the file. Download the VC6RedistSetup_deu.exe package now. (http://download.microsoft.com/download/vc60pro/update/2/w9xnt4/en-us/vc6redistsetup_deu.exe)

Release Date: November 16, 2000

For more information about how to download Microsoft support files, click the following article number to view the article in the Microsoft Knowledge Base:

119591 (http://support.microsoft.com/kb/119591/) How to obtain Microsoft support files from online services

Microsoft scanned this file for viruses. Microsoft used the most current virus-detection software that was available on the date that the file was posted. The file is stored on security-enhanced servers that help prevent any unauthorized changes to the file.

For more information about how to download files from the Microsoft Download Center, please visit the Download Center at the following Web address:

http://www.microsoft.com/downloads/Search.aspx (http://www.microsoft.com/downloads/Search.aspx)

VC6RedistSetup.exe will present you with an End User License Agreement. When you accept the agreement, a single file, Vcredist.exe, is extracted.

Vcredist.exe installs the following core files, which are included with Visual Studio 6.0 SP4. These files are base dependencies for most components and applications created with Visual C++ 6.0:

File Name Version Size
Asycfilt.dll 2.40.4275.1 144KB (147,728 bytes)
Atl.dll (Windows 95 and Windows 98) 3.0.8449.0 72KB (73,785 bytes)
Atl.dll (Windows NT) 3.0.8449.0 57.5KB (58,938 bytes)
Comcat.dll 4.71.1460.1 21.7KB (22,288 bytes)
Comctl32.dll (Windows 95 and Windows 98) 5.80.2614.3600 564KB (577,808 bytes)
Comctl32.dll (Windows NT) 5.80.2614.3600 544KB (557,328 bytes)
Mfc42.dll 6.0.8665.0 972KB (995,383 bytes)
Mfc42u.dll (Windows NT only) 6.0.8665.0 972KB (995,384 bytes)
Msvcirt.dll 6.0.8168.0 76KB (77,878 bytes)
Msvcp60.dll 6.0.8168.0 392KB (401,462 bytes)
Msvcrt.dll 6.0.8797.0 272KB (278,581 bytes)
Oleaut32.dll 2.40.4275.1 584KB (598,288 bytes)
Olepro32.dll 5.0.4275.1 160KB (164,112 bytes)
Stdole2.tlb 2.40.4275.1 17.5KB (17,920 bytes)

In addition, the following files are also installed by Vcredist.exe. These are supporting files for the Vcredist.exe Setup program:

File Name Version Size
Advpack.dll 4.71.1015.0 73.2KB (74,960 bytes)
W95inf16.dll 4.71.704.0 2.21KB (2,272 bytes)
W95inf32.dll 4.71.16.0 4.50KB (4,608 bytes)

Vcredist.exe supports the following command-line switches:

no switches = non-quiet mode, displays progress bar and reboot prompt

/q = semi-quiet mode, displays reboot message, and no progress bar

/q /r:n = no reboot message or progress bar

Vcredist.exe is not a full-featured installation package. As such, it is not a recommended redistribution method for the preceding files. This package does not communicate error messages back to the program or user that is starting Vcredist.exe. Therefore, we highly recommend that programs starting Vcredist.exe first check for available disk space (approximately 10 MB), read-only system files, administrator privileges, and a valid TEMP directory. The absence of any of these prerequisites can cause this package to incorrectly install some of the files onto the target system.

In addition, this package does not install any database components or localized satellite dynamic-link libraries (DLLs). For information about how to install database components such as ODBC, ADO, or DAO, please refer to the following Redistributing Microsoft Visual C++ 6.0 Applications article on the Microsoft Developer Network (MSDN) Web site:

http://msdn2.microsoft.com/en-us/library/aa260978(VS.60).aspx (http://msdn2.microsoft.com/en-us/library/aa260978(VS.60).aspx)

For more information about installing localized resource DLLs for MFC, click the following article number to view the article in the Microsoft Knowledge Base:

208983 (http://support.microsoft.com/kb/208983/) How to use MFC LOC DLLs

Note This package does not install these components on computers that are running Microsoft Windows 2000 or Microsoft Windows Millennium (Me) systems. On computers that are running Windows 2000 and Windows Millennium, these components can only be updated through operating system updates and service packs for these operating systems.

Vcredist.exe can be freely redistributed with your application. You should also provide a copy of this Knowledge Base article.

PDH.dll 5.0.2195.2668

FILE: Latest Redistributable PDH.dll Available for Windows NT 4.0

View products that this article applies to. (http://support.microsoft.com/kb/284996/en-us#appliesto)

Article ID: 284996

Last Review: November 21, 2006

Revision: 4.4

This article was previously published under Q284996

SUMMARY

Applications can use Performance Data Helper (PDH) APIs to collect performance data on Windows NT 4.0 and Windows 2000. The Windows 2000 operating system comes with PDH.dll. For Windows NT 4.0, a redistributable version of PDH.dll is available. This article provides access to this redistributable version of PDH.dll.

MORE INFORMATION

Performance Data Helper DLL (PDH.dll) for Windows NT 4.0

Note:

For Windows 2000-based systems, use the system-supplied Pdh.dll file. Do not install a new version of Pdh.dll over the system-supplied version. This will fail because of Windows File Protection.

For Windows NT 4.0, install Pdh.dll into the private directory of the application (not into the system directory).

You have the following nonexclusive, royalty-free rights subject to the Distribution Requirements:

You may distribute PDH.dll on Windows NT 4.0.

The latest redistributable PDH.dll for Windows NT 4.0 that can be used by applications can be downloaded by clicking on the link below.

NT4Pdhdll.exe (http://download.microsoft.com/download/winntsrv40/update/5.0.2195.2668/nt4/en-us/nt4pdhdll.exe)

Release Date: NOV-7-2000

For additional information about how to download Microsoft Support files, click the following article number to view the article in the Microsoft Knowledge Base:

119591 (http://support.microsoft.com/kb/119591/EN-US/) How to Obtain Microsoft Support Files from Online Services

Microsoft scanned this file for viruses. Microsoft used the most current virus-detection software that was available on the date that the file was posted. The file is stored on security-enhanced servers that help to prevent any unauthorized changes to the file. The NT4PDHDLL.exe file contains the following files:

File name Size

PDH.dll 151,312

PDH.dbg 8,392

PDH.pdb 140,288

Redist.txt 612

A redistributable version of PDH.dll can also be directly downloaded from the Microsoft Platform SDK Web site.

MIBBLE 2.8

Mibble

Software License Agreement

Document No: DOC:2007:03

Author: Per Cederberg, sales@percederberg.net

Last Updated: 2007-12-05

Software License Agreement

IMPORTANT NOTICE -- READ CAREFULLY: This Software License Agreement ("License") for Customer use of Mibble Software is the agreement which governs use of the software of Firma Per Cederberg ("Seller"), including source code and associated printed materials ("Software"). By downloading, installing, copying, or otherwise using the Software, you agree to be bound by the terms of this License. If you do not agree to the terms of this License, delete all copies of the Software and contact the place of purchase for a full refund.

  1. Definitions

    Whenever used in this Contract, unless inconsistent with the subject matter or context of their use, the following words and terms shall have the respective meanings ascribed to them as follows:

    1. "Seller" means Firma Per Cederberg includes its successors and permitted assigns.

    2. "License" or "Agreement" means this nontransferable Software License Agreement including the Terms and Conditions provided herein.

    3. "Buyer" or "Customer", means the entity or individual that downloads the Software, and includes its successors and permitted assigns.

    4. "Parties", means Seller and Buyer, collectively, and "Party" means any one of them.

    5. "Software", means the Mibble software in both object and source code.

  2. License Grant

    Upon Seller's receipt of the full purchase price, Seller grants to Buyer a non-exclusive license to:

    1. use or modify the Software in source or object code to create derived works including the Software or any portion or element thereof,

    2. process or permit to be processed any data associated with the Software,

    3. release, distribute or make available, either generally or to any specific third-party, the Software in source or object code format.

      Email: sales@percederberg.net

      Web: http://www.percederberg.net/software

  3. License Conditions

    The grant of the License under section 2 hereof will remain subject to the following terms and conditions, as well as to the other provisions hereof:

    1. Buyer acknowledges that the copyright and title to the Software and any trademarks or service marks relating thereto remain with Seller. Neither Buyer nor any third party shall have right, title or interest in the Software except as expressly set forth in this Agreement.

    2. Buyer may not remove or obscure any copyright or other notices included in the Software source code.

    3. The names "Mibble" or "Per Cederberg" may not be used to endorse or promote products derived from this software without specific prior written permission.

    4. The Software is only distributed bundled with or integrated into Buyer programs that add significant functionality to the Software.

  4. Delivery & Risk of Loss

    Copies of the Software will be provided to the Buyer through electronic transfer (by means of HTTP or otherwise). Risk of loss for Software delivered under this License shall pass to Buyer at time of delivery.

  5. Early Termination

    In the event that either party believes that the other materially has breached any obligations under this Agreement, or if Seller believes that Buyer has exceeded the scope of the License, such party shall so notify the breaching party in writing. The breaching party shall have 30 days from the receipt of notice to cure the alleged breach and to notify the non-breaching party in writing that cure has been effected. If the breach is not cured within 30 days, the non-breaching party shall have the right to terminate the Agreement without further notice. Upon Termination of this Agreement the Buyer must stop any further distribution of the Software or any modified or derived works within 5 days. Any copies of the Software distributed prior to such termination of this Agreement may remain in use according to the terms specifically provided elsewhere in this Agreement.

  6. Perpetual License

    Except for termination for cause, Seller hereby grants to Buyer a nonexclusive, royalty-free, perpetual license to use the Software. Such use shall be in accordance with the provisions of this Agreement, which provisions shall survive any termination of this Agreement.

  7. "As Is" Warranty

    SELLER PROVIDES THE SOFTWARE "AS IS" AND IS IN LIEU OF ANY OR ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTY ARISING OUT OF PERFORMANCE OR CUSTOM OR USAGE OF TRADE INCLUDING BUT NOT LIMITED TO A WARRANTY AGAINST PATENT, COPYRIGHT OR TRADE SECRET INFRINGEMENT.

    Email: sales@percederberg.net

    Web: http://www.percederberg.net/software

  8. Limitation Of Liability

    IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE, SHALL BUYER OR SELLER BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY DAMASELLER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF THE HARDWARE OR ANY OTHER EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR DOWNTIME COSTS.

    The provisions of this Article, Limitations Of Liability, shall apply notwithstanding any other provisions of these terms or of any other agreement.

  9. Assignment

    Neither this License nor any interest in it shall be assigned directly or indirectly by Buyer without the prior written consent of Seller.

  10. Enforceability

    If any provision of this License is held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions will, to the extent of such invalidity, illegality, or unenforceability, be severed, but without in any way affecting the remainder of such provision or any other provision contained herein, all of which shall continue in full force and effect.

  11. Entire Agreement

    This License supercedes all previous proposals, negotiations, conversations, and understandings, whether oral or written, and constitutes the sole and entire agreement between the parties with respect to the purchase by Buyer of the Software. No modification or deletion of, or addition to these terms will be binding unless made in writing and signed by duly authorized representatives of both parties.

    Email: sales@percederberg.net

    Web: http://www.percederberg.net/software

Robohelp 5.0

MACROMEDIA SOFTWARE END USER LICENSE AGREEMENT

ATTENTION: YOU MAY NEED TO SCROLL DOWN TO THE END OF THIS EULA BEFORE YOU CAN AGREE TO THE EULA AND CONTINUE WITH THE SOFTWARE INSTALLATION.

IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MACROMEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS EULA THEN MACROMEDIA IS UNWILLING TO GRANT YOU THIS LICENSE, YOU MUST NOT INSTALL OR USE THE SOFTWARE, AND (1) IF YOU RECEIVED THIS SOFTWARE ON CD-ROM, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION WHERE YOU OBTAINED IT FOR A REFUND, IN ACCORDANCE WITH THE REFUND POLICY OF SUCH LOCATION; OR (2) IF YOU RECEIVED THIS SOFTWARE VIA DOWNLOAD FROM AN INTERNET WEB SITE, THEN YOU MUST DELETE ALL OF THE DOWNLOADED FILES AND YOU MAY OBTAIN A REFUND IN ACCORDANCE WITH THE REFUND POLICY OF SUCH INTERNET WEB SITE.

THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY MACROMEDIA HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN.

  1. Definitions

    1. "Education Version" means a version of the Software, so identified, for use by students and faculty of educational institutions, only.

    2. "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only.

    3. "Macromedia" means Macromedia, Inc., its subsidiary eHelp Corporation, and their licensors, if any.

    4. "Software" means only the Macromedia software program(s) and third party software programs, in each case, supplied by Macromedia herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation.

    5. "Trial Version" means a version of the Software, so identified, to be used only to review, demonstrate and evaluate the Software for a limited time period. The Trial Version may have limited features, may lack the ability for the end-user to save the end product, and will cease operating after a predetermined amount of time due to an internal mechanism within the Trial Version.

  2. License Grants

    The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:

    1. Subject to Section 2(b), you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers.

    2. Portable or Home Computer Use for Software Requiring Mandatory Product Activation. For Software requiring Mandatory Production Activation, in addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that: (A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed, and (C) the Software was not licensed under a volume discount.

    3. In the event the Software is distributed along with other Macromedia software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer.

    4. You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes.

    5. You agree that Macromedia may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Macromedia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

    6. Unless otherwise set forth in the documentation relating to such code and/or the Software or in a separate agreement between you and Macromedia, you may modify the source code form of those portions of such software programs that are identified as sample code, sample application code, or components (each, "Sample Application Code") in the accompanying documentation solely for the purposes of designing, developing and testing websites and website applications developed using Macromedia software programs; provided, however, you are permitted to copy and distribute the Sample Application Code (modified or unmodified) only if all of the following conditions are met: (1) you distribute the compiled object Sample Application Code with your application; (2) you do not include the Sample Application Code in any product or application designed for website development; and (3) you do not use Macromedia's name, logos or other Macromedia trademarks to market your application. You agree to indemnify, hold harmless and defend Macromedia from and against any loss, damage, claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application.

    7. Macromedia Redistributables. Subject to the terms and conditions of this EULA, Macromedia grants you the non-exclusive, royalty-free right to reproduce and distribute, in object code form only, any Macromedia Redistributables identified in the REDISTRB.TXT file located i) on the Software CD-ROM, ii) if the Software was downloaded, in the unpacked installation folder or iii) in the Software folder on the computer hard drive, provided, that you (I) do not distribute the Redistributables as a stand-alone product, except however, that you may distribute updates of the Redistributables separately for purposes of updating an existing end user of your previously-distributed product that uses the Redistributables; (II) include Macromedia's copyright notice for the Redistributables on the title page of any documentation, on the product CD, and/or in the About box for any software product that incorporates the Redistributables; (III) except as required above, do not use Macromedia's name, logo, or trademarks in connection with any product that incorporates the Redistributables; (IV) agree to indemnify, defend and hold Macromedia harmless from any and all liabilities (including attorney's fees) arising from any claims, lawsuits, or other legal proceedings that arise from or are related to the use or distribution of any software application product that you reproduced and/or distributed that incorporates the Redistributables; and (V) do not incorporate the Redistributables into any software product which would compete with the Software.

    8. MS-Redistributables. Subject to the terms and conditions of this EULA, Macromedia grants you the non-exclusive, royalty-free right to reproduce and distribute, in object code form only, any MS-Redistributables identified in the REDISTRB.TXT located i) on the Software CD-ROM, ii) if the Software was downloaded, in the unpacked installation folder or iii) in the Software folder on the computer hard drive, provided that you (I) do not distribute the MS-Redistributables as a stand-alone product, provided, however, that you may distribute updates of the MS-Redistributables separately for purposes of updating an existing end user of your previously-distributed product that uses MS-Redistributables; (II) include the following copyright notice for the MS-Redistributables "Portions copyright (c) Microsoft Corporation. All rights reserved." on the product CD, disk label, the title page of the documentation, and/or the About box for any software application product that incorporates the MS-Redistributables; (III) except as required above, do not use Microsoft's name, logo, or trademarks to market any Help system that incorporates the MS-Redistributables; (IV) agree to indemnify, defend and hold Macromedia and Microsoft harmless from any and all liabilities (including attorney's fees) arising from any claims, lawsuits, or other legal proceedings that arise from or are related to the use or distribution of any software application product that you reproduced and/or distributed that incorporates the MS-Redistributables; (V) do not incorporate the MS-Redistributables into any software product which would compete with the Software, and (VI) if Microsoft makes a new release of the MS-Redistributables (other than an Update release), use all reasonable efforts to cease distribution of the older version and commence distribution of the new release. You may continue to distribute existing inventory that contains the older release for up to 3 months following such new release.

    9. Distribution of any Software code, other than the Sample Application Code, the Macromedia Redistributables, and the MS-Redistributables, is specifically prohibited.

    10. Mandatory Product Activation. The license rights granted under this Agreement may be limited to a specified number ofthe first thirty (30) days after you first install the Software unless you supply information required to activate your licensed copy within the time and the manner described during the Software setup sequence and/or the dialog boxes appearing during use of the Software. You may need to activate the Software through the use of the Internet or telephone; toll charges may apply. You may need to reactivate the Software if you modify your computer hardware or alter the Software. Product activation is based on the exchange of information between your computer and Macromedia. None of this information contains personally identifiable information nor can they be used to identify any personal information about you or any characteristics of your computer configuration. YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE TECHNOLOGICAL MEASURES IN THE SOFTWARE THAT ARE DESIGNED TO PREVENT UNLICENSED OR ILLEGAL USE OF THE SOFTWARE. YOU AGREE THAT MACROMEDIA MAY USE SUCH MEASURES AND YOU AGREE TO FOLLOW ANY REQUIREMENTS REGARDING SUCH TECHNOLOGICAL MEASURES. YOU ACKNOWLEDGE AND AGREE THAT THE SOFTWARE WILL CEASE TO FUNCTION UNLESS AND UNTIL YOU ACTIVATE THE APPLICABLE SOFTWARE ACTIVATION KEY.

    11. Non-Exclusivity. Your license rights under this EULA are non-exclusive.

    12. Separation of Components. The Software is licensed as a single product. You may not separate the Software's component parts for use on more than one computer.

  3. License Restrictions

    1. Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.

    2. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

    3. Unless otherwise provided herein, you may not rent, lease, or sublicense the Software.

    4. Other than with respect to a Trial Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the whole Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software. You may not sell or transfer any Software purchased under a volume discount. You may not sell or transfer any Trial Version or Not For Resale Version of the Software.

    5. Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software.

    6. Education Versions may not be used for, or distributed to any party for, any commercial purpose.

    7. Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial Version of the Software, (B) download the Trial Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial Version of the Software for an aggregate period in excess of the trial period for one license to such Trial Version, (D) disclose the results of software performance benchmarks obtained using the Trial Version to any third party without Macromedia?s prior written consent, or (E) use the Trial Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the software; provided, however, notwithstanding the foregoing, you are strictly prohibited from installing or using the Trial Version of the Software for any commercial training purpose.

    8. You may only use the Not for Resale Version of the Software to review and evaluate the Software.

    9. You may not export the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

    10. You may receive the Software in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the Software is to be installed.

    11. You may receive the Software in more than one platform but you shall only install or use one platform. If the Software is delivered in multiple versions or languages, you may only run one version or language of the Software, and you may not run the additional versions in any other language on any other computer.

    12. You shall not use the Software to develop any application having the same primary function as the Software.

    13. In the event that you fail to comply with this EULA, Macromedia may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).

  4. Upgrades

    If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.

  5. Prior Same Version License

    If this copy of the Software is licensed as part of the Studio (as defined above), and you have a prior license to the same version of the Software, and the Studio was licensed to you with a discount based, in whole or in part, on your prior license to the same version, the Software is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your EULA with respect to such prior license and that you will not continue to install or use such prior license of the Software or transfer it to another person or entity.

  6. Ownership

    The foregoing license gives you limited license to use the Software. Macromedia and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Software (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Macromedia and its suppliers.

  7. LIMITED WARRANTY AND DISCLAIMER

    1. Except with respect to any Sample Application Code, Macromedia Redistributables, MS Redistributables, Trial Version and Not For Resale Version of the Software, Macromedia warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished, if provided by Macromedia, will be free from defects in materials and workmanship under normal use.

    2. MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE, MACROMEDIA REDISTRIBUTABLE, MS REDISTRIBUTABLE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE, TRIAL VERSION AND THE NOT FOR RESALE VERSION OF THE SOFTWARE ARE PROVIDED "AS IS".

    3. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY WITH RESPECT TO SOFTWARE OTHER THAN ANY SAMPLE APPLICATION CODE, MACROMEDIA REDISTRIBUTABLE, MS REDISTRIBUTABLE, TRIAL VERSION AND NOT FOR RESALE VERSION, MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

    4. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.

    5. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

    6. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

  8. Exclusive Remedy

    Your exclusive remedy under the preceding is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. Provided that any non-compliance with the above warranty is reported in writing to Macromedia no more than ninety (90) days following delivery to you, Macromedia will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. Macromedia shall have no responsibility if the Software has been altered in any way, if the media has been damaged by misuse, accident, abuse, modification or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration. Any such misuse, accident, abuse, modification or misapplication of the Software will void the warranty above. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.

  9. LIMITATION OF LIABILITY

    1. NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    2. MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $500 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.

    3. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

    4. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.

  10. Basis of Bargain

    The Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between Macromedia and you. Macromedia would not be able to provide the Software on an economic basis without such limitations. Such Limited Warranty and Disclaimer, Exclusive Remedies and Limited Liability inure to the benefit of Macromedia?s licensors.

  11. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND

    This Software and the documentation are provided with "RESTRICTED RIGHTS" applicable to private and public licenses alike. The Software is a "commercial item," as that term is defined at 48 C.F.R. 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Any technical data provided with such Software is commercial technical data as defined in 48 C.F.R. 12.211 (Sep 1995). Consistent with 48 C.F.R. 12.211 through 12.212, 48 C.F.R. 227.7202-1 through 227.7202-4 (Jun 1995), and 48 C.F.R. 252.227-7015 (Nov 1995), all U.S. Government End Users acquire the Software with only those rights expressly set forth in this EULA.

    Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. For purposes of these regulations the Manufacturer of the Software is Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.

  12. (Outside of the USA) Consumer End Users Only

    The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.

    The limitations or exclusions of warranties, remedies or liability contained in this EULA shall apply to you only to the extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.

  13. Third Party Software

    The Software may contain third party software which requires notices and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at http://www.macromedia.com/go/thirdparty/ and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

  14. General

    1. This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

    2. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.

    3. No Macromedia dealer, agent or employee is authorized to make any amendment to this EULA.

    4. If any provision of this EULA shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force and effect.

    5. All questions concerning this EULA shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.

    6. Macromedia and other trademarks contained in the Software are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. Except for the rights granted in Section 2 above relating to Sample Application code, Macromedia Redistributables, and MS Redistributables, his EULA does not authorize you to use Macromedia?s or its licensors? names or any of their respective trademarks.

Microsoft SQL SERVER DRIVER 2005, 1.2

MICROSOFT SOFTWARE LICENSE TERMS

MICROSOFT SQL SERVER 2005 JDBC DRIVER

October 2007

These license terms are an agreement between Microsoft Corporation (or based on where you live, one of its affiliates) and you. Please read them. They apply to the software named above, which includes the media on which you received it, if any. The terms also apply to any Microsoft:

for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the software.

If you comply with these license terms, you have the rights below.

  1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software on your devices.

  2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you some rights to use the software. Microsoft reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not:

    • disclose the results of any benchmark tests of the software to any third party without Microsoft's prior written approval;

    • reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;

    • publish the software for others to copy; or

    • rent, lease or lend the software.

  3. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this agreement directly to a third party. Before the transfer, that party must agree that this agreement applies to the transfer and use of the software. The first user must uninstall the software before transferring it separately from the device. The first user may not retain any copies.

  4. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.microsoft.com/exporting.

  5. SUPPORT SERVICES. Because this software is "as is," we may not provide support services for it.

  6. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

  7. APPLICABLE LAW

    1. United States. If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

    2. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

  8. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

  9. DISCLAIMER OF WARRANTY. The software is licensed "as-is." You bear the risk of using it. Microsoft gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, Microsoft excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

  10. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to:

    • anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

    • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

    It also applies even if Microsoft knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

    Please note: As this software is distributed in Quebec, Canada, some of the clauses in this agreement are provided below in French.

    Remarque: Ce logiciel étant distribué au Québec, Canada, certaines des clauses dans ce contrat sont fournies ci-dessous en français.

    EXONÉRATION DE GARANTIE. Le logiciel visé par une licence est offert " tel quel ". Toute utilisation de ce logiciel est à votre seule risque et péril. Microsoft n'accorde aucune autre garantie expresse. Vous pouvez bénéficier de droits additionnels en vertu du droit local sur la protection dues consommateurs, que ce contrat ne peut modifier. La ou elles sont permises par le droit locale, les garanties implicites de qualité marchande, d'adéquation à un usage particulier et d'absence de contrefaçon sont exclues.

    LIMITATION DES DOMMAGES-INTÉRÊTS ET EXCLUSION DE RESPONSABILITÉ POUR LES DOMMAGES. Vous pouvez obtenir de Microsoft et de ses fournisseurs une indemnisation en cas de dommages directs uniquement à hauteur de 5,00 $ US. Vous ne pouvez prétendre à aucune indemnisation pour les autres dommages, y compris les dommages spéciaux, indirects ou accessoires et pertes de bénéfices.

    Cette limitation concerne:

    • tout ce qui est relié au logiciel, aux services ou au contenu (y compris le code) figurant sur des sites Internet tiers ou dans des programmes tiers ; et

    • les réclamations au titre de violation de contrat ou de garantie, ou au titre de responsabilité stricte, de négligence ou d'une autre faute dans la limite autorisée par la loi en vigueur.

    Elle s'applique également, même si Microsoft connaissait ou devrait connaître l'éventualité d'un tel dommage. Si votre pays n'autorise pas l'exclusion ou la limitation de responsabilité pour les dommages indirects, accessoires ou de quelque nature que ce soit, il se peut que la limitation ou l'exclusion ci-dessus ne s'appliquera pas à votre égard.

    EFFET JURIDIQUE. Le présent contrat décrit certains droits juridiques. Vous pourriez avoir d'autres droits prévus par les lois de votre pays. Le présent contrat ne modifie pas les droits que vous confèrent les lois de votre pays si celles-ci ne le permettent pas.

Install Anywhere

END-USER LICENSE AGREEMENT

InstallAnywhere®

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Agreement") is a legal contract between you (either (a) an individual user or (b) a business organization ("you")) and Licensor (as designated below) for the InstallAnywhere software, including any associated media, printed materials and electronic documentation (the "Software").

By clicking on the "I ACCEPT" button, by opening the package that contains the Software, or by copying, downloading, accessing or otherwise using the Software, you agree to be bound by the terms of this Agreement and you represent that you are authorized to enter into this Agreement on behalf of your corporate entity (if applicable). If you do not wish to be bound by the terms of this Agreement, click the "I DO NOT ACCEPT" button, and do not install, access or use the Software.

As used herein, "Licensor" means Macrovision Corporation or its subsidiaries.

EVALUATION SOFTWARE

If you have received the Software for purposes of evaluation, regardless of how labeled, the use of the Software is limited to a specified period of time, as detailed in the email accompanying the download instructions (the "Evaluation Period") and all use will be governed by the terms set forth below.

  1. Grant of License. Licensor grants you a limited, personal, internal use, non-exclusive, non-transferable license to use the Software solely to evaluate its suitability for your internal business requirements during the Evaluation Period. Without limiting the foregoing, you may not use the Software during the Evaluation Period to create publicly distributed computer software or for any other commercial purpose. This license may be terminated by Licensor at any time upon notice to you and will automatically terminate, without notice, upon the first to occur of the following: (a) the completion of your evaluation of the Software or (b) the expiration of the Evaluation Period.

  2. Limited Use Software. Portions of the full-use version of the Software may be withheld or unusable and use of the Software may require accessing portions of the Software remotely through the Internet. Full use of the Software may be restricted by technological protections.

  3. Disclaimer of Warranty. THE SOFTWARE IS PROVIDED ONLY FOR EVALUATION PURPOSES ON AN "AS IS" BASIS. LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS INCLUDING THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

  4. Limitation of Liability. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS OR DATA, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. In no case will Licensor's liability for damages hereunder exceed fifty dollars (US $50).

For Users Outside of the United States, Canada or Mexico LICENSOR DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

SOFTWARE LICENSE

  1. Grant of License. Upon your payment of the fees shown on the invoice and acceptance of this Agreement, Licensor grants you a limited, personal, non-exclusive license to install and use the Software on the terms and conditions set forth herein. You may install and use one copy of the Software on a single computer only for your internal business purposes. You may make one back up and/or archival copy of the Software.

    If you have licensed under the node locked model, you may install and use one copy of the Software on a single computer only for your internal business purposes. You may make one back up and/or archival copy of the Software.

    If you have licensed under the concurrent licensing model, you may install the Software on any machine used only for your internal business purposes. The number of machines that may use the Software concurrently at any time will be governed by the number of concurrent licenses specified on the original invoice. All machines using the Software must have the ability to communicate with a license server to be authorized to use the Software. You may make one back up and/or archival copy of the Software.

  2. Restrictions on Use of Software. You may not (a) make the Software available for use by others in any service bureau or similar arrangement; (b) distribute, sublicense, transfer, or lend the Software to any third party; or (c) disassemble or reverse engineer (except in European Union countries, to the extent allowed by law) the Software or (d) copy or adapt the Software for the purpose of error correction or making derivative works.. You may copy the Software solely for backup/archival purposes, provided that you include all copyright and similar rights notices. Licensor (or its licensor) retains all right, title, and interest in the Software (and in all copies). Unauthorized copying and modification of the Software is not permitted.

    If you have a license to the InstallAnywhere Collaboration or InstallAnywhere Enterprise, you may use the Software for the purposes of creating unit test installations for your own exclusive use. You may use the software as a plug-in to the Eclipse Open Source IDE. Licensor is not licensing to you any right, title, and interest with respect to the Eclipse Open Source IDE; your use of the Eclipse Open Source IDE is subject to your acceptance of the terms and conditions of the end-user license agreement from Eclipse Foundation for that product.

  3. Shared Use on a Single Computer. Subject to the exceptions set forth herein, a copy of the Software installed on a single common machine may be shared for internal use by your employees, provided that a license has been purchased for each individual user.

  4. Redistributable Files. The Software component parts may not be separated for use on more than one computer, except as set forth in this Agreement. You may copy the files specifically identified in the documentation as "redistributables" and redistribute such files to your end users of your products, provided that: (a) all such distribution is done solely with the redistributables as an integral part of your software installations; (b) all copies of the redistributables must be exact and unmodified; and (c) you grant your end users a limited, personal, non-exclusive and non-transferable license to use the redistributables only to the extent required for the permitted operation of your products and not to distribute them further. You will reproduce with the redistributables all applicable trademark and copyright notices that accompany the Software, but you may not use Licensor's name, logos or trademarks to market your products.

  5. Limited Warranty and Disclaimer of Warranty. Licensor warrants that: a. it has the right and authority to grant the rights described in this Agreement, and; the Software, as provided, will substantially perform the functions described in the documentation when operated in the intended environment for a period of ninety (90) days from the date of delivery (the "Warranty Period").

    b. THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS EXPRESS OR IMPLIED. LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTIES AND/OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Licensor does not warrant that the Software will (a) achieve specific results, (b) operate without interruption, or (c) be error free.

  6. Ownership. This Agreement does not convey to you any rights of ownership in the Software. All right, title, and interest in the Software and in any ideas, know-how, and programs which are developed by Licensor in the course of providing any technical services, including any enhancements or modifications made to the Software, shall at all times remain the property of Licensor or its licensor. You acknowledge and agree that the Software is licensed, not sold. You shall not permit the Software to be accessed or used by anyone other than your employees whose duties require such access or use.

    You will not remove, modify or alter any of Licensor's copyright, trademark or proprietary rights notices from any part of the Software, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in the Setup Wizard dialogue or 'about' boxes, in any of the runtime resources and/or in any web-presence or web-enabled notices, code or other embodiments originally contained in or otherwise created by the Software, or in any archival or back-up copies, if applicable.

  7. Transfer of Software. You may not, by operation of law or otherwise, transfer any license rights or other interests in Evaluation Software, or Software labeled "Not for Resale" or "NFR." You may not transfer any license rights or other interests in any other Software, unless (a) you permanently and wholly transfer all your rights under this Agreement; (b) you retain no copies (whole or partial); (c) you permanently and wholly transfer all of the Software (including component parts, media, printed materials, upgrades, prior versions, and authenticity certificates); and (d) the transferee agrees to abide by all the terms of this Agreement.

  8. Limitation of Remedy and Liability. During the Warranty Period, in the event of any breach of the warranty outlined in Section 5b above, Licensor's ( and its suppliers), entire liability and your exclusive remedy will be, at Licensor's option, to either, repair or replace the defective Software. NEITHER LICENSOR NOR ITS LICENSOR, IF ANY, SHALL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGE TO SYSTEMS OR DATA, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR'S LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED THE AMOUNT OF LICENSE FEES THAT YOU HAVE PAID.

    For Users Outside of the United States, Canada or Mexico: No person who is not a party to this Agreement shall be entitled to enforce any terms of the same under the Contracts (Rights of Third Parties) Act 1999.

    For Users Outside of the United States, Canada or Mexico LICENSOR DOES NOT LIMIT OR EXCLUDE ITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.

  9. Maintenance Services. If ordered by you and upon payment of the applicable fee, you are entitled to receive technical support services, including corrections, fixes and enhancements to the Software as such are made generally available (the "maintenance services") from Licensor in accordance with Licensor's then-current maintenance terms for the applicable maintenance level purchased by you. Maintenance services will not include any releases of the Software which Licensor determines to be a separate product or for which Licensor charges its customers extra or separately.

  10. Upgrades and Subscription. If you purchased a license for the Software which is identified as an "upgrade" or "subscription", you must have a valid license for the version of the Software which the "upgrade" or "subscription" supplements.

  11. Unauthorized Use and Validation of Use. IN ORDER TO PROTECT THE SOFTWARE FROM UNAUTHORIZED USE AND IN ORDER TO CONFIRM YOUR COMPLIANCE WITH THE LICENSE GRANTS AND RESTRICTIONS SET FORTH IN THIS AGREEMENT, THE SOFTWARE CONTAINS A VALIDATION PROCEDURE WHICH MAY TRANSMIT YOUR IP ADDRESS AND/OR APPLICABLE LICENSE KEY RELATING TO THE SOFTWARE TO LICENSOR. IF THE SOFTWARE DETECTS ANY VIOLATION OF THE TERMS OF THIS AGREEMENT, YOU MAY BE CONTACTED BY LICENSOR REGARDING YOUR USE OF THE SOFTWARE AND/OR YOU MAY BE UNABLE TO USE THE SOFTWARE AND/OR CREATE UNRESTRICTED INSTALLER PRODUCTS UNTIL THE PROBLEM IS CORRECTED. IF YOU ARE UNABLE TO USE THE SOFTWARE AND/OR CREATE UNRESTRICTED INSTALLER PRODUCTS, YOU SHOULD IMMEDIATELY CONTACT LICENSOR.

  12. Reports. Within thirty (30) days following Licensor's written request, and no more frequently than twice in any twelve (12) month period, you shall provide Licensor with a written statement certifying that you are not using copies of the Software in violation of this Agreement.

  13. Audit. During the term of this Agreement and for a period of twelve (12) months thereafter, you shall permit, no more than once in any twelve (12) month period, a third party auditor, upon thirty (30) days prior written notice from Licensor and during normal business hours, to examine and audit your records to determine your compliance with this Agreement and report such findings to Licensor. Licensor shall bear the expense of the audit unless the audit uncovers that you have used the Software in violation of the terms of this Agreement or have unpaid the license fees rightfully owed to Licensor, in which event you shall bear the expenses for such audit. In the event such audit is the result of your failure to provide reports as set forth in Section 12, then you shall bear the expense of such audit.

  14. Dual-Media Software. You may receive the Software in more than one medium (electronic and on a CD, for example). Receipt of the Software in more than a single manner (electronic or on a CD, for example) does not expand the license rights granted to you hereunder. Your use of the Software is limited to the number of licenses that you have acquired overall, regardless of number or type of medium on which it has been provided.

  15. U.S. Government Restricted Rights. The Software and Documentation are provided as "Commercial Computer Software" or "restricted computer software". Use, duplication, or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the restrictions set forth in 48.C.F.R. Section 12.212 or 48 C.F.R 227.2702, as applicable or successor provisions. The manufacturer is Macrovision Corporation, 2830 De La Cruz Boulevard, Santa Clara, CA 95050 USA.

  16. U. S. Export Restrictions. You will fully comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders ("Export Controls"). You warrant that you are not a person, company or destination restricted or prohibited by Export Controls ("Restricted Person"). You will not, directly or indirectly, export, re-export, divert, or transfer the Software, any portion thereof or any materials, items or technology relating to Licensor's business or related technical data or any direct product thereof to any Restricted Person.

  17. Termination. Your license may be terminated by Licensor if (a) you fail to make payment and/or (b) you fail to comply with the terms of this Agreement within ten (10) days after receipt of written notice of such failure. In the event of termination, you must cease using the Software, destroy all copies of the Software (including copies in storage media) and certify such destruction to Licensor. This requirement applies to all copies in any form, partial or complete. Upon the effective date of any termination, you relinquish all rights granted under this Agreement.

  18. Relationship of Parties. You and Licensor are independent parties. Nothing in this Agreement shall be construed as making you an employee, agent or legal representative of Licensor.

  19. No Third-Party Beneficiaries. There are no third-party beneficiaries of this Agreement.

  20. Controlling Law. This Agreement will be governed by the laws of California, USA, excluding conflicts of law, except that, for Users Outside of the United States, Canada or Mexico, this Agreement will be governed by the laws of England and Wales and you submit to the jurisdiction of the courts of England and Wales. This Agreement is not subject to the United Nations Convention on Contracts for the Sale of Goods.

  21. Company Name. Licensor may include your company name in a list of Licensor customers.

  22. Payment Terms/Shipments. All fees are in US Dollars and are non-refundable. For Users Outside of the United States, Canada or Mexico: All fees are in the currency outlined in the quote/invoice and are non-refundable. Fees are due within 30-days of the date of the invoice. Maintenance services purchased may be renewed for the next annual period for the amount specified on the original invoice for the Software. All shipments of any media will be FOB Origin.

  23. Taxes. All fees do not include taxes. If Licensor is required to pay any sales, use, GST, VAT, or other taxes in connection with your order, other than taxes based on Licensor's income, such taxes will be billed to and paid by you.

  24. Entire Agreement. This Agreement constitutes the complete and entire understanding and agreement of all terms, conditions and representations between you and Licensor with respect to the Software and may be modified only in writing by both parties. No term or condition contained in your purchase order will apply unless expressly accepted by Licensor in writing. Failure to prosecute a party's rights will not constitute a waiver of any other breach. If any provision of this Agreement is found to be invalid, it will be enforced to the extent permissible and the remainder of this Agreement will remain in full effect. This Agreement has been written in the English language and you waive any rights you may have under the law of your country or province to have this Agreement written in any other language. InstallAnywhere EULA (012008).

Additional Licensing Information

Additional licensing information about other third party products included with Oracle Database 10g R1, which is distributed with Enterprise Manager can be found at:

http://download-west.oracle.com/docs/cd/B14117_01/server.101/b12255/license.htm#638238

Additional licensing information about other third party products included with Oracle Database 10g R2, which is distributed with Enterprise Manager can be found at:

http://web51-01.oracle.com/archive/html_ns/B14199_10/toc.htm

Additional licensing information about other third party products included with Oracle Application Server 10g R2, which is distributed with Enterprise Manager can be found at:

http://iasdocs/iasdl/101202fulldoc/index.htm