Progress Data Direct Salesforce JDBC Driver

Provider: Progress Software

Component(s): Progress Data Direct Salesforce JDBC Driver

Progress DataDirect for JDBC for Salesforce v6

Portions of the Products include certain open source and commercial third-party
components listed below ("Third-Party Components"). The authors of the
Third-Party Components require Progress Software Corporation ("PSC") to include
the following notices and additional licensing terms as a condition of PSC's
use of such Third-Party Components. You acknowledge that the authors of the
Third-Party Components have no obligation to provide support to you for the
Third-Party Components or the Product. You hereby undertake to comply with all
licenses related to the applicable Third-Party Components. Notwithstanding
anything to the contrary, to the extent that any of the terms and conditions of
the Progress DataDirect Agreement conflict, vary, or are in addition to the
terms and conditions of the aforementioned third-party licenses for these
technologies, such terms and conditions are offered by PSC alone and not by any
other party.

Progress DataDirect for JDBC for Salesforce v6 includes Servlet API v3.0.1,
SAAJ API v1.3.4, jaxb-core v2.2.11, jaxb-impl v2.3.1, jaxb v2.2.11, and
wsdl4j-1.6.3.jar v1.6.3. These third-party technologies are licensed to PSC and
User is subject to the terms of a third-party license, a copy of which is
included herein. PSC will, at Licensee's request, provide a copy of the source
code for this third-party technology, including modifications, if any, made by
PSC. PSC may charge reasonable shipping and handling charges for such
distribution. Licensee may also obtain the source code for these third-party
technologies through
http://iue.progress.com/3dpartysoftwares/Pages/default.aspx by following the
instructions set forth therein.

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SUMMARY OF COMPONENTS:

VendorName | ComponentName | VersionName | LicenseType

1. Special Notices Regarding Open-Source Third-Party Components
incorporated in the Products:

(1) Apache License Version 2.0, January 2004:

Progress DataDirect for JDBC for Salesforce v6 incorporates

Aalto XML Processor v1.2.2,
Apache Commons Codec v1.15,
Apache Commons I/O v2.8,
Apache Commons Lang v3.12.0,
Apache Commons Logging v1.2,
Apache CXF-Core v3.3.4,
Apache cxf-rt-bindings-soap v3.3.4,
Apache cxf-rt-bindings-xml v3.3.4,
Apache cxf-rt-databinding-jaxb v3.3.4,
Apache-cxf-rt-frontend-jaxrs v3.3.4,
Apache-cxf-rt-frontend-jaxws v3.3.4,
Apache-cxf-rt-frontend-simple v3.3.4,
Apache-cxf-rt-transports-http v3.3.4,
Apache cxf-rt-wsdl v3.3.4,
Apache Geronimo jaxws-2.2 spec v1.1,
Apache Geronimo Web Services Metadata 2.0 v1.1.3,
Apache Geronimo-activation_1.1_spec v1.1,
Apache Geronimo-annotation_1.0_spec v1.1.1,
Apache HttpClient v4.5.13,
Apache HttpClient Mime v4.5.13,
Apache HttpClient Windows features v4.5.13,
Apache HttpCore v4.4.14,
Apache Neethi v3.1.1,
Apache XML Commons Resolver v1.2,
Apache xmlschema-core v2.2.4,
FastInfoset v1.2.13,
jackson-annotations v2.12.2,
jackson-core v2.12.2,
jackson-databind v2.12.2,
Jackson-dataformat-xml v2.12.2,
snakeyaml v1.28,
TagSoup HTML Parser for JAVA v1.2.1, and
Woodstox-core-asl v4.4.1.

Such technologies are subject to the following terms and conditions: Apache
License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND
CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
"License" shall mean the terms and conditions for use, reproduction, and
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percent (50%) or more of the outstanding shares, or (iii) beneficial ownership
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of authorship, whether in Source or Object form, made available under the
License, as indicated by a copyright notice that is included in or attached to
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supersede or modify the terms of any separate license agreement you may have
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6. Trademarks. This License does not grant permission to use the trade names,
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tort (including negligence), contract, or otherwise, unless required by
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use the Work (including but not limited to damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other commercial
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9. Accepting Warranty or Additional Liability. While redistributing the Work or
Derivative Works thereof, You may choose to offer, and charge a fee for,
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and/or rights consistent with this License. However, in accepting such
obligations, You may act only on Your own behalf and on Your sole
responsibility, not on behalf of any other Contributor, and only if You agree
to indemnify, defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason of your
accepting any such warranty or additional liability. END OF TERMS AND CONDITIONS
APPENDIX: How to apply the Apache License to your work. To apply the Apache
License to your work, attach the following boilerplate notice, with the fields
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(Don't include the brackets!) The text should be enclosed in the appropriate
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Copyright [yyyy] [name of copyright owner] Licensed under the Apache License,
Version 2.0 (the "License"); you may not use this file except in compliance
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agreed to in writing, software distributed under the License is distributed on
an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express
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-------------------------------------------------------------------------

NOTICE text file for Apache xmlschema-core v2.2.4:
Apache WebServices - XmlSchema
Copyright 2004-2018 The Apache Software Foundation
This product includes software developed at The Apache Software Foundation
(http://www.apache.org/).
Portions Copyright 2006 International Business Machines Corp.
Portions Copyright (C) World Wide Web Consortium 2006, 2007 and licensed under
the three-part BSD license.
-------------------------------------------------------------------------

NOTICE text file for Apache Neethi v3.1.1:
Apache Neethi
Copyright 2004-2018 The Apache Software Foundation
This product includes software developed at
The Apache Software Foundation (http://www.apache.org/).
This product is tested with testcases developed at W3C under the license:
http://www.w3.org/Consortium/Legal/2002/copyright-documents-20021231
The source distribution of this product includes those testcases.
-------------------------------------------------------------------------

(2) BSD-Style Licenses:

(a) Progress DataDirect for JDBC for Salesforce v6 incorporates ASM jar file
v5.0.4. Such technology is subject to the following terms and conditions:
ASM is released under the following 3-Clause BSD License:
ASM: a very small and fast Java bytecode manipulation framework
Copyright (c) 2000-2011 INRIA, France Telecom 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. Neither the name of the copyright holders 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.

(b) Progress DataDirect for JDBC for Salesforce v6 incorporates protobuf-java
v3.3.0. Such technology is subject to the following terms and conditions:
Copyright 2008 Google Inc. 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 Google Inc. 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.
Code generated by the Protocol Buffer compiler is owned by the owner
of the input file used when generating it. This code is not
standalone and requires a support library to be linked with it. This
support library is itself covered by the above license.

(c) Progress DataDirect for JDBC for Salesforce v6 incorporates HyperSQL DB
v2.3.0. Such technology is subject to the following terms and conditions:
Copyright (c) 2001-2012, The HSQL Development Group 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 HSQL Development Group 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 HSQL DEVELOPMENT GROUP, HSQLDB.ORG, 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.

(d) Progress DataDirect for JDBC for Salesforce v6 incorporates Stax2 API
v4.2.1. Such technology is subject to the following terms and conditions:
Copyright 2010 FasterXML.com
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.
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 HOLDER 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.

(3) COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-1.0):

Progress DataDirect for JDBC for Salesforce v6 incorporates Servlet API
v3.0.1. Such technology is subject to the following terms and conditions:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-1.0)(text)
1. Definitions.
1.1. Contributor means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and the
Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original Software
with files containing Modifications, in each case including portions thereof.
1.4. Executable means the Covered Software in any form other than
Source Code.
1.5. Initial Developer means the individual or entity that first makes
Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software or
portions thereof with code not governed by the terms of this License.
1.7. License means this document.
1.8. Licensable means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. Modifications means the Source Code and Executable form of any of
the following:
A. Any file that results from an addition to, deletion from or
modification of the contents of a file containing Original Software or previous
Modifications;
B. Any new file that contains any part of the Original Software or
previous Modification; or
C. Any new file that is contributed or otherwise made available
under the terms of this License.
1.10. Original Software means the Source Code and Executable form of
computer software code that is originally released under this License.
1.11. Patent Claims means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.12. Source Code means (a) the common form of computer software code
in which modifications are made and (b) associated documentation included in or
with such code.
1.13. You (or Your) means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License. For legal
entities, You includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, control means (a) the
power, direct or indirect, to cause the direction or management of such entity,
whether by contract or otherwise, or (b) ownership of more than fifty percent
(50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to
third party intellectual property claims, the Initial Developer hereby grants
You a world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Initial Developer, to use, reproduce, modify, display,
perform, sublicense and distribute the Original Software (or portions thereof),
with or without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling
of Original Software, to make, have made, use, practice, sell, and offer for
sale, and/or otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective
on the date Initial Developer first distributes or otherwise makes the Original
Software available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is
granted: (1) for code that You delete from the Original Software, or (2) for
infringements caused by: (i) the modification of the Original Software, or (ii)
the combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to
third party intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or
trademark) Licensable by Contributor to use, reproduce, modify, display,
perform, sublicense and distribute the Modifications created by such
Contributor (or portions thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling
of Modifications made by that Contributor either alone and/or in combination
with its Contributor Version (or portions of such combination), to make, use,
sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications
made by that Contributor (or portions thereof); and (2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
effective on the date Contributor first distributes or otherwise makes the
Modifications available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the Contributor
Version; (2) for infringements caused by: (i) third party modifications of
Contributor Version, or (ii) the combination of Modifications made by that
Contributor with other software (except as part of the Contributor Version) or
other devices; or (3) under Patent Claims infringed by Covered Software in the
absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in
Executable form must also be made available in Source Code form and that Source
Code form must be distributed only under the terms of this License. You must
include a copy of this License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a reasonable manner on or
through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You believe Your
Modifications are Your original creation(s) and/or You have sufficient rights
to grant the rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies
You as the Contributor of the Modification. You may not remove or alter any
copyright, patent or trademark notices contained within the Covered Software,
or any notices of licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source
Code form that alters or restricts the applicable version of this License or
the recipients rights hereunder. You may choose to offer, and to charge a fee
for, warranty, support, indemnity or liability obligations to one or more
recipients of Covered Software. However, you may do so only on Your own behalf,
and not on behalf of the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under
the terms of this License or under the terms of a license of Your choice, which
may contain terms different from this License, provided that You are in
compliance with the terms of this License and that the license for the
Executable form does not attempt to limit or alter the recipients rights in the
Source Code form from the rights set forth in this License. If You distribute
the Covered Software in Executable form under a different license, You must
make it absolutely clear that any terms which differ from this License are
offered by You alone, not by the Initial Developer or Contributor. You hereby
agree to indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor as a result of
any such terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other
code not governed by the terms of this License and distribute the Larger Work
as a single product. In such a case, You must make sure the requirements of
this License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish
revised and/or new versions of this License from time to time. Each version
will be given a distinguishing version number. Except as provided in Section
4.3, no one other than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the License under
which You originally received the Covered Software. If the Initial Developer
includes a notice in the Original Software prohibiting it from being
distributed or otherwise made available under any subsequent version of the
License, You must distribute and make the Covered Software available under the
terms of the version of the License under which You originally received the
Covered Software. Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of any subsequent
version of the License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license
for Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name of
the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms which
differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. Provisions which, by
their nature, must remain in effect beyond the termination of this License
shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You assert such claim is referred to as
Participant) alleging that the Participant Software (meaning the Contributor
Version where the Participant is a Contributor or the Original Software where
the Participant is the Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or indirectly to You by such
Participant, the Initial Developer (if the Initial Developer is not the
Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period, unless if within
such 60 day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally or pursuant to a written
agreement with Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all
end user licenses that have been validly granted by You or any distributor
hereunder prior to termination (excluding licenses granted to You by any
distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of commercial computer software (as that
term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer
software documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Software with only
those rights set forth herein. This U.S. Government Rights clause is in lieu
of, and supersedes, any other FAR, DFAR, or other clause or provision that
addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by the law of the jurisdiction
specified in a notice contained within the Original Software (except to the
extent applicable law, if any, provides otherwise), excluding such
jurisdictions conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within the Original
Software, with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys fees and expenses. The
application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation which provides that
the language of a contract shall be construed against the drafter shall not
apply to this License. You agree that You alone are responsible for compliance
with the United States export administration regulations (and the export
control laws and regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is
responsible for claims and damages arising, directly or indirectly, out of its
utilization of rights under this License and You agree to work with Initial
Developer and Contributors to distribute such responsibility on an equitable
basis. Nothing herein is intended or shall be deemed to constitute any
admission of liability.
Comments
Mon, 2009-04-27 17:03 ? administrator
Wording For Sections 2.1b and 2.2b
Using 2.1b as an example: "under Patent Claims infringed by the making, using,
or selling of Original Software, to ..." Consider changing the text to this
(CHANGES CAPITALIZED) to clarify its intent: "under Patent Claims THAT WOULD,
IN THE ABSENCE OR NON-ACCEPTANCE OF THIS LICENSE, BE INFRINGED by the making,
using, or selling of Original Software, to ..." To infringe literally means "to
break into" or "to break in." Frangere means "to break." The message this
license conveys grants a party who accepts it the patent claims. Specifically
which patent claims does it grant? Well, those that would otherwise be
infringed if this license didn't exist or was not accepted by the party. So the
definition of "infringement" breaks down when the license is accepted, because
the license specifically allows the party to exercise the claims! -Gerrit

(4) COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.1 (CDDL-1.1):

Progress DataDirect for JDBC for Salesforce v6 incorporates jaxb-core v2.2.11,
jaxb-impl v2.3.1, jaxb v2.2.11, and SAAJ API v1.3.4. Such technology is
subject to the following terms and conditions:
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
1. Definitions.
1.1. "Contributor" means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Software,
prior Modifications used by a Contributor (if any), and the Modifications made
by that particular Contributor.
1.3. "Covered Software" means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing Original Software
with files containing Modifications, in each case including portions thereof.
1.4. "Executable" means the Covered Software in any form other than Source
Code.
1.5. "Initial Developer" means the individual or entity that first makes
Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered Software or portions
thereof with code not governed by the terms of this License.
1.7. "License" means this document.
1.8. "Licensable" means having the right to grant, to the maximum extent
possible, whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
1.9. "Modifications" means the Source Code and Executable form of any of the
following:
A. Any file that results from an addition to, deletion from or modification
of the contents of a file containing Original Software or previous
Modifications;
B. Any new file that contains any part of the Original Software or previous
Modification; or
C. Any new file that is contributed or otherwise made available under the
terms of this License.
1.10. "Original Software" means the Source Code and Executable form of
computer software code that is originally released under this License.
1.11. "Patent Claims" means any patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus claims,
in any patent Licensable by grantor.
1.12. "Source Code" means (a) the common form of computer software code in
which modifications are made and (b) associated documentation included in or
with such code.
1.13. "You" (or "Your") means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this License. For legal
entities, "You" includes any entity which controls, is controlled by, or is
under common control with You. For purposes of this definition, "control" means
(a) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of more than fifty
percent (50%) of the outstanding shares or beneficial ownership of such entity.
2. License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, the Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Initial Developer, to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or portions thereof), with or
without Modifications, and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original
Software, to make, have made, use, practice, sell, and offer for sale, and/or
otherwise dispose of the Original Software (or portions thereof).
(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
Initial Developer first distributes or otherwise makes the Original Software
available to a third party under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
for code that You delete from the Original Software, or (2) for infringements
caused by: (i) the modification of the Original Software, or (ii) the
combination of the Original Software with other software or devices.
2.2. Contributor Grant.
Conditioned upon Your compliance with Section 3.1 below and subject to third
party intellectual property claims, each Contributor hereby grants You a
world-wide, royalty-free, non-exclusive license:
(a) under intellectual property rights (other than patent or trademark)
Licensable by Contributor to use, reproduce, modify, display, perform,
sublicense and distribute the Modifications created by such Contributor (or
portions thereof), either on an unmodified basis, with other Modifications, as
Covered Software and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of
Modifications made by that Contributor either alone and/or in combination with
its Contributor Version (or portions of such combination), to make, use, sell,
offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
by that Contributor (or portions thereof); and (2) the combination of
Modifications made by that Contributor with its Contributor Version (or
portions of such combination).
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
date Contributor first distributes or otherwise makes the Modifications
available to a third party.
(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
for any code that Contributor has deleted from the Contributor Version; (2) for
infringements caused by: (i) third party modifications of Contributor Version,
or (ii) the combination of Modifications made by that Contributor with other
software (except as part of the Contributor Version) or other devices; or (3)
under Patent Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in
Executable form must also be made available in Source Code form and that Source
Code form must be distributed only under the terms of this License. You must
include a copy of this License with every copy of the Source Code form of the
Covered Software You distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form as to how they can
obtain such Covered Software in Source Code form in a reasonable manner on or
through a medium customarily used for software exchange.
3.2. Modifications.
The Modifications that You create or to which You contribute are governed by
the terms of this License. You represent that You believe Your Modifications
are Your original creation(s) and/or You have sufficient rights to grant the
rights conveyed by this License.
3.3. Required Notices.
You must include a notice in each of Your Modifications that identifies You
as the Contributor of the Modification. You may not remove or alter any
copyright, patent or trademark notices contained within the Covered Software,
or any notices of licensing or any descriptive text giving attribution to any
Contributor or the Initial Developer.
3.4. Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in Source Code
form that alters or restricts the applicable version of this License or the
recipients' rights hereunder. You may choose to offer, and to charge a fee for,
warranty, support, indemnity or liability obligations to one or more recipients
of Covered Software.
However, you may do so only on Your own behalf, and not on behalf of the
Initial Developer or any Contributor. You must make it absolutely clear that
any such warranty, support, indemnity or liability obligation is offered by You
alone, and You hereby agree to indemnify the Initial Developer and every
Contributor for any liability incurred by the Initial Developer or such
Contributor as a result of warranty, support, indemnity or liability terms You
offer.
3.5. Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under the
terms of this License or under the terms of a license of Your choice, which may
contain terms different from this License, provided that You are in compliance
with the terms of this License and that the license for the Executable form
does not attempt to limit or alter the recipient's rights in the Source Code
form from the rights set forth in this License. If You distribute the Covered
Software in Executable form under a different license, You must make it
absolutely clear that any terms which differ from this License are offered by
You alone, not by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any liability
incurred by the Initial Developer or such Contributor as a result of any such
terms You offer.
3.6. Larger Works.
You may create a Larger Work by combining Covered Software with other code
not governed by the terms of this License and distribute the Larger Work as a
single product. In such a case, You must make sure the requirements of this
License are fulfilled for the Covered Software.
4. Versions of the License.
4.1. New Versions.
Oracle is the initial license steward and may publish revised and/or new
versions of this License from time to time. Each version will be given a
distinguishing version number. Except as provided in Section 4.3, no one other
than the license steward has the right to modify this License.
4.2. Effect of New Versions.
You may always continue to use, distribute or otherwise make the Covered
Software available under the terms of the version of the License under which
You originally received the Covered Software. If the Initial Developer includes
a notice in the Original Software prohibiting it from being distributed or
otherwise made available under any subsequent version of the License, You must
distribute and make the Covered Software available under the terms of the
version of the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute or otherwise make
the Covered Software available under the terms of any subsequent version of the
License published by the license steward.
4.3. Modified Versions.
When You are an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version of this
License if You: (a) rename the license and remove any references to the name
of the license steward (except to note that the license differs from this
License); and (b) otherwise make it clear that the license contains terms which
differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1. This License and the rights granted hereunder will terminate
automatically if You fail to comply with terms herein and fail to cure such
breach within 30 days of becoming aware of the breach. Provisions which, by
their nature, must remain in effect beyond the termination of this License
shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You assert such claim is referred to as
"Participant") alleging that the Participant Software (meaning the Contributor
Version where the Participant is a Contributor or the Original Software where
the Participant is the Initial Developer) directly or indirectly infringes any
patent, then any and all rights granted directly or indirectly to You by such
Participant, the Initial Developer (if the Initial Developer is not the
Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License
shall, upon 60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period, unless if within
such 60 day period You withdraw Your claim with respect to the Participant
Software against such Participant either unilaterally or pursuant to a written
agreement with Participant.
6.3. If You assert a patent infringement claim against Participant alleging
that the Participant Software directly or indirectly infringes any patent where
such claim is resolved (such as by license or settlement) prior to the
initiation of patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or license.
6.4. In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor
hereunder prior to termination (excluding licenses granted to You by any
distributor) shall survive termination.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
8. U.S. GOVERNMENT END USERS.
The Covered Software is a "commercial item," as that term is defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that
term is defined at 48 C.F.R. ? 252.227-7014(a)(1)) and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Software
with only those rights set forth herein. This U.S. Government Rights clause is
in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision
that addresses Government rights in computer software under this License.
9. MISCELLANEOUS.
This License represents the complete agreement concerning subject matter
hereof. If any provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make it
enforceable. This License shall be governed by the law of the jurisdiction
specified in a notice contained within the Original Software (except to the
extent applicable law, if any, provides otherwise), excluding such
jurisdiction's conflict-of-law provisions. Any litigation relating to this
License shall be subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within the Original
Software, with the losing party responsible for costs, including, without
limitation, court costs and reasonable attorneys' fees and expenses.
The application of the United Nations Convention on Contracts for the
International Sale of Goods is expressly excluded. Any law or regulation which
provides that the language of a contract shall be construed against the drafter
shall not apply to this License. You agree that You alone are responsible for
compliance with the United States export administration regulations (and the
export control laws and regulation of any other countries) when You use,
distribute or otherwise make available any Covered Software.
10. RESPONSIBILITY FOR CLAIMS.
As between Initial Developer and the Contributors, each party is responsible
for claims and damages arising, directly or indirectly, out of its utilization
of rights under this License and You agree to work with Initial Developer and
Contributors to distribute such responsibility on an equitable basis. Nothing
herein is intended or shall be deemed to constitute any admission of liability.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
(CDDL)
The code released under the CDDL shall be governed by the laws of the
State of California (excluding conflict-of-law provisions). Any
litigation relating to this License shall be subject to the jurisdiction
of the Federal Courts of the Northern District of California and the
state courts of the State of California, with venue lying in Santa Clara
County, California.

(5) Common Public License Version 1.0:

Progress DataDirect for JDBC for Salesforce v6 incorporates wsdl4j-1.6.3.jar
v1.6.3. Such technology is subject to the following terms and conditions:
Eclipse Public License - v 2.0
THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE (“AGREEMENT”). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS
“Contribution” means:

a) in the case of the initial Contributor, the initial content Distributed under this Agreement, and
b) in the case of each subsequent Contributor:
i) changes to the Program, and
ii) additions to the Program;
where such changes and/or additions to the Program originate from and are Distributed by that particular Contributor. A Contribution “originates” from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include changes or additions to the Program that are not Modified Works.
“Contributor” means any person or entity that Distributes the Program.

“Licensed Patents” mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

“Program” means the Contributions Distributed in accordance with this Agreement.

“Recipient” means anyone who receives the Program under this Agreement or any Secondary License (as applicable), including Contributors.

“Derivative Works” shall mean any work, whether in Source Code or other form, that is based on (or derived from) the Program and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship.

“Modified Works” shall mean any work in Source Code or other form that results from an addition to, deletion from, or modification of the contents of the Program, including, for purposes of clarity any new file in Source Code form that contains any contents of the Program. Modified Works shall not include works that contain only declarations, interfaces, types, classes, structures, or files of the Program solely in each case in order to link to, bind by name, or subclass the Program or Modified Works thereof.

“Distribute” means the acts of a) distributing or b) making available in any manner that enables the transfer of a copy.

“Source Code” means the form of a Program preferred for making modifications, including but not limited to software source code, documentation source, and configuration files.

“Secondary License” means either the GNU General Public License, Version 2.0, or any later versions of that license, including any exceptions or additional permissions as identified by the initial Contributor.

2. GRANT OF RIGHTS
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, Distribute and sublicense the Contribution of such Contributor, if any, and such Derivative Works.
b) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in Source Code or other form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.
c) Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to Distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.
d) Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.
e) Notwithstanding the terms of any Secondary License, no Contributor makes additional grants to any Recipient (other than those set forth in this Agreement) as a result of such Recipient's receipt of the Program under the terms of a Secondary License (if permitted under the terms of Section 3).
3. REQUIREMENTS
3.1 If a Contributor Distributes the Program in any form, then:

a) the Program must also be made available as Source Code, in accordance with section 3.2, and the Contributor must accompany the Program with a statement that the Source Code for the Program is available under this Agreement, and informs Recipients how to obtain it in a reasonable manner on or through a medium customarily used for software exchange; and
b) the Contributor may Distribute the Program under a license different than this Agreement, provided that such license:
i) effectively disclaims on behalf of all other Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose;
ii) effectively excludes on behalf of all other Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;
iii) does not attempt to limit or alter the recipients' rights in the Source Code under section 3.2; and
iv) requires any subsequent distribution of the Program by any party to be under a license that satisfies the requirements of this section 3.
3.2 When the Program is Distributed as Source Code:

a) it must be made available under this Agreement, or if the Program (i) is combined with other material in a separate file or files made available under a Secondary License, and (ii) the initial Contributor attached to the Source Code the notice described in Exhibit A of this Agreement, then the Program may be made available under the terms of such Secondary Licenses, and
b) a copy of this Agreement must be included with each copy of the Program.
3.3 Contributors may not remove or alter any copyright, patent, trademark, attribution notices, disclaimers of warranty, or limitations of liability (‘notices’) contained within the Program from any copy of the Program which they Distribute, provided that Contributors may add their own appropriate notices.

4. COMMERCIAL DISTRIBUTION
Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor (“Commercial Contributor”) hereby agrees to defend and indemnify every other Contributor (“Indemnified Contributor”) against any losses, damages and costs (collectively “Losses”) arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PROGRAM IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), 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 OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL
If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be Distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to Distribute the Program (including its Contributions) under the new version.

Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved. Nothing in this Agreement is intended to be enforceable by any entity that is not a Contributor or Recipient. No third-party beneficiary rights are created under this Agreement.

Exhibit A – Form of Secondary Licenses Notice
“This Source Code may also be made available under the following Secondary Licenses when the conditions for such availability set forth in the Eclipse Public License, v. 2.0 are satisfied: {name license(s), version(s), and exceptions or additional permissions here}.”

Simply including a copy of this Agreement, including this Exhibit A is not sufficient to license the Source Code under Secondary Licenses.

If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

2. Special Notices Regarding Commercially Licensed Third-Party Components
incorporated in the Product:

Progress DataDirect for JDBC for Salesforce v6 incorporates InstallAnywhere
Enterprise Edition 2015 SP1 licensed from Flexera Software, Inc. Note the
following limitation from such license:
. . .
2. Redistributable Files. The Software component parts may not be
separated for use on more than one computer, except as set forth in this
Agreement. Licensee may copy the files specifically identified in the
documentation as "redistributables" and redistribute such files to Licensee's
end users of Licensee's products, provided that:. . . (c) Licensee grants
Licensee's 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 Licensee's products and not to distribute them further.
. . .
Flexera Software Master EULA 24June15

NOTICE FROM PROGRESS SOFTWARE CORPORATION: Additional notices may be included
in the release notes or other documentation that accompanies updates received
in connection with support of the Product.

Updated 8/3/2021