A P P E N D I X  E

Software Licenses

This appendix provides the Sun Binary Code License Agreement and third-party software notices and licenses.



Note - The third-party licenses and notices provided in this appendix are included exactly as they are provided by the owners of the software licenses and notices.



Sun Microsystems, Inc.

Binary Code License Agreement


 Sun Microsystems, Inc. ("Sun")
                           SOFTWARE LICENSE AGREEMENT
 
READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE OPENING 
SOFTWARE MEDIA PACKAGE. BY OPENING SOFTWARE MEDIA PACKAGE, YOU AGREE TO 
THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING SOFTWARE ELECTRONICALLY, 
INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON 
AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS, 
PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A 
REFUND OR, IF SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" 
(OR "EXIT") BUTTON AT THE END OF THIS AGREEMENT. IF YOU HAVE SEPARATELY 
AGREED TO LICENSE TERMS ("MASTER TERMS") FOR YOUR LICENSE TO THIS 
SOFTWARE, THEN SECTIONS 1-5 OF THIS AGREEMENT ("SUPPLEMENTAL LICENSE 
TERMS") SHALL SUPPLEMENT AND SUPERSEDE THE MASTER TERMS IN RELATION TO 
THIS SOFTWARE.
 
 
1.	Definitions.
 
(a) 	"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.
 
(b) 	"Licensed Unit" means the unit of measure by which your use of 
Software and/or Service is licensed, as described in your Entitlement.
 
(c)	"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.
 
(d) 	"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.
 
(e) 	"Software" means the Sun software described in your Entitlement. 
Also, certain software may be included for evaluation use under Section 3. 
 
(f)	"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.
 
(a) Evaluation Use. You may evaluate Software internally for a period 
of 90 days from your first use. 
 
(b) Research and Instructional Use. You may use Software internally to 
design, develop and test, and also to provide instruction on such uses.
 
(c) Individual Use. You may use Software internally for personal, 
individual use.
 
(d) Commercial Use. You may use Software internally for your own 
commercial purposes. 
 
(e) 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.
 
(a) 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. (b) 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. (c) You may not rent, 
lease, lend or encumber Software. (d) Unless enforcement is prohibited 
by applicable law, you may not decompile, or reverse engineer Software. 
(e) 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. (f) 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. (g) Software is confidential and copyrighted. 
(h) 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. 
(i) 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. (j) 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. (k) 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.
 
 


Third-Party Licenses

This appendix provides software notices and licenses from other parties that govern the use of such portions.

OPENSSL LICENSE ISSUES

The OpenSSL toolkit stays under a dual license, i.e. both the conditions of the OpenSSL License and the original SSLeay license apply to the toolkit. See below for the actual license texts. Actually both licenses are BSD-style Open Source licenses. In case of any license issues related to OpenSSL please contact
openssl-core@openssl.org.

OpenSSL License

Copyright (c) 1998-2001 The OpenSSL Project. All rights reserved.

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

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

2. 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.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit. (http://www.openssl.org/)"

4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact openssl-core@openssl.org.

5. Products derived from this software may not be called "OpenSSL" nor may "OpenSSL" appear in their names without prior written permission of the OpenSSL Project.

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)"

THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY EXPRESSED OR 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 OpenSSL PROJECT 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 product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

Original SSLeay License

Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com) All rights reserved.

This package is an SSL implementation written by Eric Young (eay@cryptsoft.com). The implementation was written so as to conform with Netscapes SSL.

This library is free for commercial and non-commercial use as long as the following conditions are aheared to. The following conditions apply to all code found in this distribution, be it the RC4, RSA, lhash, DES, etc., code; not just the SSL code. The SSL documentation included with this distribution is covered by the same copyright terms except that the holder is Tim Hudson (tjh@cryptsoft.com).

Copyright remains Eric Young's, and as such any Copyright notices in the code are not to be removed.

If this package is used in a product, Eric Young should be given attribution as the author of the parts of the library used. This can be in the form of a textual message at program startup or in documentation (online or textual) provided with the package.

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

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

2. 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.

3. All advertising materials mentioning features or use of this software must display the following acknowledgement: "This product includes cryptographic software written by Eric Young (eay@cryptsoft.com)" The word 'cryptographic' can be left out if the rouines from the library being used are not cryptographic related :-).

4. If you include any Windows specific code (or a derivative thereof) from the apps directory (application code) you must include an acknowledgement: "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"

THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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.

The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]

 

``Ian Fleming was a UNIX fan!
How do I know? Well, James Bond
had the (license to kill) number 007,
i.e. he could execute anyone.''
-- Unknown
MOD_SSL LICENSE

The mod_ssl package falls under the Open-Source Software label because it's distributed under a BSD-style license. The detailed license information follows.

Copyright (c) 1998-2000 Ralf S. Engelschall. 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 following disclaimer in the documentation and/or other materials provided with the distribution.

3. All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by Ralf S. Engelschall <rse@engelschall.com> for use in the mod_ssl project (http://www.modssl.org/)."

4. The names "mod_ssl" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact rse@engelschall.com.

5. Products derived from this software may not be called "mod_ssl" nor may "mod_ssl" appear in their names without prior written permission of Ralf S. Engelschall.

6. Redistributions of any form whatsoever must retain the following acknowledgment: "This product includes software developed by
Ralf S. Engelschall <rse@engelschall.com> for use in the mod_ssl project (http://www.modssl.org/)."

THIS SOFTWARE IS PROVIDED BY RALF S. ENGELSCHALL ``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 RALF S. ENGELSCHALL OR HIS 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.