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