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| 1 | +LICENSE AGREEMENT |
| 2 | +JBOSS(r) |
| 3 | + |
| 4 | +This License Agreement governs the use of the Software Packages and any updates to the Software |
| 5 | +Packages, regardless of the delivery mechanism. Each Software Package is a collective work |
| 6 | +under U.S. Copyright Law. Subject to the following terms, Red Hat, Inc. ("Red Hat") grants to |
| 7 | +the user ("Client") a license to the applicable collective work(s) pursuant to the |
| 8 | +GNU Lesser General Public License v. 2.1 except for the following Software Packages: |
| 9 | +(a) JBoss Portal Forums and JBoss Transactions JTS, each of which is licensed pursuant to the |
| 10 | +GNU General Public License v.2; |
| 11 | + |
| 12 | +(b) JBoss Rules, which is licensed pursuant to the Apache License v.2.0; |
| 13 | + |
| 14 | +(c) an optional download for JBoss Cache for the Berkeley DB for Java database, which is licensed under the |
| 15 | +(open source) Sleepycat License (if Client does not wish to use the open source version of this database, |
| 16 | +it may purchase a license from Sleepycat Software); |
| 17 | + |
| 18 | +and (d) the BPEL extension for JBoss jBPM, which is licensed under the Common Public License v.1, |
| 19 | +and, pursuant to the OASIS BPEL4WS standard, requires parties wishing to redistribute to enter various |
| 20 | +royalty-free patent licenses. |
| 21 | + |
| 22 | +Each of the foregoing licenses is available at http://www.opensource.org/licenses/index.php. |
| 23 | + |
| 24 | +1. The Software. "Software Packages" refer to the various software modules that are created and made available |
| 25 | +for distribution by the JBoss.org open source community at http://www.jboss.org. Each of the Software Packages |
| 26 | +may be comprised of hundreds of software components. The end user license agreement for each component is located in |
| 27 | +the component's source code. With the exception of certain image files identified in Section 2 below, |
| 28 | +the license terms for the components permit Client to copy, modify, and redistribute the component, |
| 29 | +in both source code and binary code forms. This agreement does not limit Client's rights under, |
| 30 | +or grant Client rights that supersede, the license terms of any particular component. |
| 31 | + |
| 32 | +2. Intellectual Property Rights. The Software Packages are owned by Red Hat and others and are protected under copyright |
| 33 | +and other laws. Title to the Software Packages and any component, or to any copy, modification, or merged portion shall |
| 34 | +remain with the aforementioned, subject to the applicable license. The "JBoss" trademark, "Red Hat" trademark, the |
| 35 | +individual Software Package trademarks, and the "Shadowman" logo are registered trademarks of Red Hat and its affiliates |
| 36 | +in the U.S. and other countries. This agreement permits Client to distribute unmodified copies of the Software Packages |
| 37 | +using the Red Hat trademarks that Red Hat has inserted in the Software Packages on the condition that Client follows Red Hat's |
| 38 | +trademark guidelines for those trademarks located at http://www.redhat.com/about/corporate/trademark/. Client must abide by |
| 39 | +these trademark guidelines when distributing the Software Packages, regardless of whether the Software Packages have been modified. |
| 40 | +If Client modifies the Software Packages, then Client must replace all Red Hat trademarks and logos identified at |
| 41 | +http://www.jboss.com/company/logos, unless a separate agreement with Red Hat is executed or other permission granted. |
| 42 | +Merely deleting the files containing the Red Hat trademarks may corrupt the Software Packages. |
| 43 | + |
| 44 | +3. Limited Warranty. Except as specifically stated in this Paragraph 3 or a license for a particular |
| 45 | +component, to the maximum extent permitted under applicable law, the Software Packages and the |
| 46 | +components are provided and licensed "as is" without warranty of any kind, expressed or implied, |
| 47 | +including the implied warranties of merchantability, non-infringement or fitness for a particular purpose. |
| 48 | +Red Hat warrants that the media on which Software Packages may be furnished will be free from defects in |
| 49 | +materials and manufacture under normal use for a period of 30 days from the date of delivery to Client. |
| 50 | +Red Hat does not warrant that the functions contained in the Software Packages will meet Client's requirements |
| 51 | +or that the operation of the Software Packages will be entirely error free or appear precisely as described |
| 52 | +in the accompanying documentation. This warranty extends only to the party that purchases the Services |
| 53 | +pertaining to the Software Packages from Red Hat or a Red Hat authorized distributor. |
| 54 | + |
| 55 | +4. Limitation of Remedies and Liability. To the maximum extent permitted by applicable law, the remedies |
| 56 | +described below are accepted by Client as its only remedies. Red Hat's entire liability, and Client's |
| 57 | +exclusive remedies, shall be: If the Software media is defective, Client may return it within 30 days of |
| 58 | +delivery along with a copy of Client's payment receipt and Red Hat, at its option, will replace it or |
| 59 | +refund the money paid by Client for the Software. To the maximum extent permitted by applicable law, |
| 60 | +Red Hat or any Red Hat authorized dealer will not be liable to Client for any incidental or consequential |
| 61 | +damages, including lost profits or lost savings arising out of the use or inability to use the Software, |
| 62 | +even if Red Hat or such dealer has been advised of the possibility of such damages. In no event shall |
| 63 | +Red Hat's liability under this agreement exceed the amount that Client paid to Red Hat under this |
| 64 | +Agreement during the twelve months preceding the action. |
| 65 | + |
| 66 | +5. Export Control. As required by U.S. law, Client represents and warrants that it: |
| 67 | +(a) understands that the Software Packages are subject to export controls under the |
| 68 | +U.S. Commerce Department's Export Administration Regulations ("EAR"); |
| 69 | + |
| 70 | +(b) is not located in a prohibited destination country under the EAR or U.S. sanctions regulations |
| 71 | +(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); |
| 72 | + |
| 73 | +(c) will not export, re-export, or transfer the Software Packages to any prohibited destination, entity, |
| 74 | +or individual without the necessary export license(s) or authorizations(s) from the U.S. Government; |
| 75 | + |
| 76 | +(d) will not use or transfer the Software Packages for use in any sensitive nuclear, chemical or |
| 77 | +biological weapons, or missile technology end-uses unless authorized by the U.S. Government by |
| 78 | +regulation or specific license; |
| 79 | + |
| 80 | +(e) understands and agrees that if it is in the United States and exports or transfers the Software |
| 81 | +Packages to eligible end users, it will, as required by EAR Section 740.17(e), submit semi-annual |
| 82 | +reports to the Commerce Department's Bureau of Industry & Security (BIS), which include the name and |
| 83 | +address (including country) of each transferee; |
| 84 | + |
| 85 | +and (f) understands that countries other than the United States may restrict the import, use, or |
| 86 | +export of encryption products and that it shall be solely responsible for compliance with any such |
| 87 | +import, use, or export restrictions. |
| 88 | + |
| 89 | +6. Third Party Programs. Red Hat may distribute third party software programs with the Software Packages |
| 90 | +that are not part of the Software Packages and which Client must install separately. These third party |
| 91 | +programs are subject to their own license terms. The license terms either accompany the programs or |
| 92 | +can be viewed at http://www.redhat.com/licenses/. If Client does not agree to abide by the applicable |
| 93 | +license terms for such programs, then Client may not install them. If Client wishes to install the programs |
| 94 | +on more than one system or transfer the programs to another party, then Client must contact the licensor |
| 95 | +of the programs. |
| 96 | + |
| 97 | +7. General. If any provision of this agreement is held to be unenforceable, that shall not affect the |
| 98 | +enforceability of the remaining provisions. This License Agreement shall be governed by the laws of the |
| 99 | +State of North Carolina and of the United States, without regard to any conflict of laws provisions, |
| 100 | +except that the United Nations Convention on the International Sale of Goods shall not apply. |
| 101 | + |
| 102 | +Copyright 2006 Red Hat, Inc. All rights reserved. |
| 103 | +"JBoss" and the JBoss logo are registered trademarks of Red Hat, Inc. |
| 104 | +All other trademarks are the property of their respective owners. |
| 105 | + |
| 106 | + Page 1 of 1 18 October 2006 |
| 107 | + |
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