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NETBEANS IDE 8.0.2 ("Product") LICENSE AGREEMENT
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PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND
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CONDITIONS CAREFULLY, INCLUDING WITHOUT LIMITATION THOSE
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DISPLAYED ELSEWHERE (AS INDICATED BY LINKS LISTED BELOW),
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BEFORE USING THE SOFTWARE. THESE TERMS AND CONDITIONS
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CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, OR THE ENTITY FOR
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WHICH YOU ARE AN AUTHORIZED REPRESENTATIVE WITH FULL
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AUTHORITY TO ENTER INTO THIS AGREEMENT, AND ORACLE. BY
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CLICKING "ACCEPT" OR THE EQUIVALENT YOU AGREE TO ALL OF
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THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU
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DO NOT AGREE TO THIS LICENSE DO NOT CLICK "ACCEPT" OR
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THE EQUIVALENT AND DO NOT INSTALL OR USE THIS SOFTWARE.
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Copyright (c) 1997, 2014, Oracle and/or its affiliates. All
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rights reserved.
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Oracle and Java are registered trademarks of Oracle and/or
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its affiliates. Other names may be trademarks of their
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respective owners.
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The Product contains NetBeans IDE, the Glassfish runtime,
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and other components. Review the Product carefully to
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determine which license governs the code you are using.
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Oracle separately licenses NetBeans IDE and the Glassfish
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runtime under the CDDL v 1.0 (CDDL) or GNU General Public
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License version 2 with Classpath Exception ("GPLv2 with
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Classpath Exception"), both of which are identified below.
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You may choose either license to govern your use of NetBeans
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IDE or the Glassfish runtime only upon the condition that
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you accept all of the terms of either the CDDL or GPLv2 with
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Classpath Exception. In addition, the Product also contains
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components which are governed exclusively by the terms of
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the GPLv2 with Classpath Exception (e.g. components from
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OpenJDK) or by the terms of one of the licenses listed below
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(i.e. Oracle JDBC Drivers, and Java Card Development
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Kit 3.0.2).
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Third party technology that may be necessary for use with
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the Product is specified in THIRDPARTYLICENSE.txt. Such
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third party technology is licensed to you under the terms of
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the third party technology license agreement specified and
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not under either the CDDL or GPLv2 with Classpath Exception.
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Please review the list of libraries and licenses provided
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for use.
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If you redistribute NetBeans IDE, add the following below
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the License Header, with the fields enclosed by brackets []
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replaced by your own identifying information: "Portions
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Copyrighted [year] [name of copyright owner]"
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Contributor(s):
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The original software is NetBeans. The initial developer of
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the original software is Oracle Corporation; portions
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Copyright (c) 1997, 2014 Oracle and/or its affiliates. All
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rights reserved.
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LICENSES AND OTHER TERMS AND CONDITIONS
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LICENSE #1: GPLv2 with Classpath Exception.
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LICENSE #2: CDDL.
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OTHER TERMS AND CONDITIONS INCORPORATED IN THIS AGREEMENT:
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The use of Oracle JDBC drivers is subject to the terms and
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conditions set forth at
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http://www.oracle.com/technetwork/licenses/distribution-license-152002.html
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The use of Java Card Development Kit 3.0.2 is subject to the
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terms and conditions set forth at
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http://download.oracle.com/otn-pub/java/licenses/OTN_Java_Card_Classic_Connected_SDK_4April2012.pdf
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Last updated 16 January 2014
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************************************************************
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LICENSE #1:
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The GNU General Public License (GPL) Version 2, June 1991
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Copyright (C) 1989, 1991 Free Software Foundation, Inc.
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59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
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Everyone is permitted to copy and distribute verbatim copies
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of this license document, but changing it is not allowed.
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Preamble
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The licenses for most software are designed to take away
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your freedom to share and change it. By contrast, the GNU
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General Public License is intended to guarantee your freedom
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to share and change free software--to make sure the software
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is free for all its users. This General Public License
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applies to most of the Free Software Foundation's software
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and to any other program whose authors commit to using it.
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(Some other Free Software Foundation software is covered by
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the GNU Library General Public License instead.) You can
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apply it to your programs, too. When we speak of free
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software, we are referring to freedom, not price. Our
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General Public Licenses are designed to make sure that you
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have the freedom to distribute copies of free software (and
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charge for this service if you wish), that you receive
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source code or can get it if you want it, that you can
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change the software or use pieces of it in new free
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programs; and that you know you can do these things. To
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protect your rights, we need to make restrictions that
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forbid anyone to deny you these rights or to ask you to
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surrender the rights. These restrictions translate to
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certain responsibilities for you if you distribute copies of
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the software, or if you modify it.
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For example, if you distribute copies of such a program,
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whether gratis or for a fee, you must give the recipients
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all the rights that you have. You must make sure that they,
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too, receive or can get the source code. And you must show
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them these terms so they know their rights.
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We protect your rights with two steps: (1) copyright the
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software, and (2) offer you this license which gives you
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legal permission to copy, distribute and/or modify the
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software.
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Also, for each author's protection and ours, we want to make
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certain that everyone understands that there is no warranty
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for this free software. If the software is modified by
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someone else and passed on, we want its recipients to know
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that what they have is not the original, so that any
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problems introduced by others will not reflect on the
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original authors' reputations.
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Finally, any free program is threatened constantly by
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software patents. We wish to avoid the danger that
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redistributors of a free program will individually obtain
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patent licenses, in effect making the program proprietary.
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To prevent this, we have made it clear that any patent must
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be licensed for everyone's free use or not licensed at all.
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The precise terms and conditions for copying, distribution
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and modification follow. TERMS AND CONDITIONS FOR COPYING,
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DISTRIBUTION AND MODIFICATION 0. This License applies to any
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program or other work which contains a notice placed by the
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copyright holder saying it may be distributed under the
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terms of this General Public License. The "Program", below,
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refers to any such program or work, and a "work based on the
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Program" means either the Program or any derivative work
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under copyright law: that is to say, a work containing the
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Program or a portion of it, either verbatim or with
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modifications and/or translated into another language.
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(Hereinafter, translation is included without limitation in
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the term "modification".) Each licensee is addressed as
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"you".
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Activities other than copying, distribution and modification
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are not covered by this License; they are outside its scope.
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The act of running the Program is not restricted, and the
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output from the Program is covered only if its contents
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constitute a work based on the Program (independent of
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having been made by running the Program). Whether that is
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true depends on what the Program does.
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1. You may copy and distribute verbatim copies of the
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Program's source code as you receive it, in any medium,
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provided that you conspicuously and appropriately publish on
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each copy an appropriate copyright notice and disclaimer of
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warranty; keep intact all the notices that refer to this
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License and to the absence of any warranty; and give any
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other recipients of the Program a copy of this License along
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with the Program.
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You may charge a fee for the physical act of transferring a
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copy, and you may at your option offer warranty protection
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in exchange for a fee.
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2. You may modify your copy or copies of the Program or any
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portion of it, thus forming a work based on the Program, and
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copy and distribute such modifications or work under the
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terms of Section 1 above, provided that you also meet all of
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these conditions:
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a) You must cause the modified files to carry prominent
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notices stating that you changed the files and the date of
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any change.
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b) You must cause any work that you distribute or publish,
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that in whole or in part contains or is derived from the
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Program or any part thereof, to be licensed as a whole at no
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charge to all third parties under the terms of this License.
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c) If the modified program normally reads commands
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interactively when run, you must cause it, when started
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running for such interactive use in the most ordinary way,
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to print or display an announcement including an appropriate
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copyright notice and a notice that there is no warranty (or
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else, saying that you provide a warranty) and that users may
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redistribute the program under these conditions, and telling
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the user how to view a copy of this License. (Exception: if
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the Program itself is interactive but does not normally
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print such an announcement, your work based on the Program
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is not required to print an announcement.)
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These requirements apply to the modified work as a whole. If
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identifiable sections of that work are not derived from the
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Program, and can be reasonably considered independent and
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separate works in themselves, then this License, and its
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terms, do not apply to those sections when you distribute
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them as separate works. But when you distribute the same
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sections as part of a whole which is a work based on the
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Program, the distribution of the whole must be on the terms
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of this License, whose permissions for other licensees
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extend to the entire whole, and thus to each and every part
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regardless of who wrote it.
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Thus, it is not the intent of this section to claim rights
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or contest your rights to work written entirely by you;
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rather, the intent is to exercise the right to control the
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distribution of derivative or collective works based on the
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Program. In addition, mere aggregation of another work not
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based on the Program with the Program (or with a work based
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on the Program) on a volume of a storage or distribution
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medium does not bring the other work under the scope of this
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License.
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3. You may copy and distribute the Program (or a work based
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on it, under Section 2) in object code or executable form
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under the terms of Sections 1 and 2 above provided that you
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also do one of the following:
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a) Accompany it with the complete corresponding
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machine-readable source code, which must be distributed
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under the terms of Sections 1 and 2 above on a medium
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customarily used for software interchange; or,
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b) Accompany it with a written offer, valid for at least
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three years, to give any third party, for a charge no more
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than your cost of physically performing source distribution,
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a complete machine-readable copy of the corresponding source
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code, to be distributed under the terms of Sections 1 and 2
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above on a medium customarily used for software interchange;
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or,
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c) Accompany it with the information you received as to the
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offer to distribute corresponding source code. (This
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alternative is allowed only for noncommercial distribution
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and only if you received the program in object code or
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executable form with such an offer, in accord with
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Subsection b above.)
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The source code for a work means the preferred form of the
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work for making modifications to it. For an executable work,
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complete source code means all the source code for all
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modules it contains, plus any associated interface
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definition files, plus the scripts used to control
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compilation and installation of the executable. However, as
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a special exception, the source code distributed need not
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include anything that is normally distributed (in either
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source or binary form) with the major components (compiler,
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kernel, and so on) of the operating system on which the
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executable runs, unless that component itself accompanies
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the executable. If distribution of executable or object code
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is made by offering access to copy from a designated place,
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then offering equivalent access to copy the source code from
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the same place counts as distribution of the source code,
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even though third parties are not compelled to copy the
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source along with the object code.
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4. You may not copy, modify, sublicense, or distribute the
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Program except as expressly provided under this License. Any
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attempt otherwise to copy, modify, sublicense or distribute
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the Program is void, and will automatically terminate your
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rights under this License. However, parties who have
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received copies, or rights, from you under this License will
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not have their licenses terminated so long as such parties
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remain in full compliance.
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5. You are not required to accept this License, since you
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have not signed it. However, nothing else grants you
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permission to modify or distribute the Program or its
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derivative works. These actions are prohibited by law if you
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do not accept this License. Therefore, by modifying or
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distributing the Program (or any work based on the Program),
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you indicate your acceptance of this License to do so, and
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all its terms and conditions for copying, distributing or
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modifying the Program or works based on it.
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6. Each time you redistribute the Program (or any work based
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on the Program), the recipient automatically receives a
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license from the original licensor to copy, distribute or
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modify the Program subject to these terms and conditions.
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You may not impose any further restrictions on the
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recipients' exercise of the rights granted herein. You are
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not responsible for enforcing compliance by third parties to
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this License.
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7. If, as a consequence of a court judgment or allegation of
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patent infringement or for any other reason (not limited to
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patent issues), conditions are imposed on you (whether by
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court order, agreement or otherwise) that contradict the
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conditions of this License, they do not excuse you from the
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conditions of this License. If you cannot distribute so as
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to satisfy simultaneously your obligations under this
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License and any other pertinent obligations, then as a
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consequence you may not distribute the Program at all. For
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example, if a patent license would not permit royalty-free
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redistribution of the Program by all those who receive
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copies directly or indirectly through you, then the only way
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you could satisfy both it and this License would be to
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refrain entirely from distribution of the Program.
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If any portion of this section is held invalid or
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unenforceable under any particular circumstance, the balance
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of the section is intended to apply and the section as a
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whole is intended to apply in other circumstances. It is not
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the purpose of this section to induce you to infringe any
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patents or other property right claims or to contest
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validity of any such claims; this section has the sole
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purpose of protecting the integrity of the free software
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distribution system, which is implemented by public license
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practices. Many people have made generous contributions to
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the wide range of software distributed through that system
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in reliance on consistent application of that system; it is
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up to the author/donor to decide if he or she is willing to
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distribute software through any other system and a licensee
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cannot impose that choice.
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This section is intended to make thoroughly clear what is
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believed to be a consequence of the rest of this License.
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8. If the distribution and/or use of the Program is
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restricted in certain countries either by patents or by
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copyrighted interfaces, the original copyright holder who
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places the Program under this License may add an explicit
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geographical distribution limitation excluding those
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countries, so that distribution is permitted only in or
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among countries not thus excluded. In such case, this
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License incorporates the limitation as if written in the
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body of this License.
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9. The Free Software Foundation may publish revised and/or
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new versions of the General Public License from time to
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time. Such new versions will be similar in spirit to the
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present version, but may differ in detail to address new
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problems or concerns.
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Each version is given a distinguishing version number. If
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the Program specifies a version number of this License which
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applies to it and "any later version", you have the option
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of following the terms and conditions either of that version
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or of any later version published by the Free Software
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Foundation. If the Program does not specify a version number
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of this License, you may choose any version ever published
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by the Free Software Foundation.
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10. If you wish to incorporate parts of the Program into
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other free programs whose distribution conditions are
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different, write to the author to ask for permission. For
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software which is copyrighted by the Free Software
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Foundation, write to the Free Software Foundation; we
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sometimes make exceptions for this. Our decision will be
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guided by the two goals of preserving the free status of all
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derivatives of our free software and of promoting the
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sharing and reuse of software generally.
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NO WARRANTY
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11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS
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NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY
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APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
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COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM
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"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
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IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
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OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE
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DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
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REPAIR OR CORRECTION.
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12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
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TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY
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WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED
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ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL,
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SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
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THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT
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LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR
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LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
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PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH
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HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH DAMAGES.
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END OF TERMS AND CONDITIONS
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How to Apply These Terms to Your New Programs
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If you develop a new program, and you want it to be of the
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greatest possible use to the public, the best way to achieve
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this is to make it free software which everyone can
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redistribute and change under these terms.
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To do so, attach the following notices to the program. It is
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safest to attach them to the start of each source file to
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most effectively convey the exclusion of warranty; and each
|
405
|
file should have at least the "copyright" line and a pointer
|
406
|
to where the full notice is found.
|
407
|
|
408
|
One line to give the program's name and a brief idea of what
|
409
|
it does.
|
410
|
|
411
|
Copyright (C) <year> <name of author>
|
412
|
|
413
|
This program is free software; you can redistribute it
|
414
|
and/or modify it under the terms of the GNU General Public
|
415
|
License as published by the Free Software Foundation; either
|
416
|
version 2 of the License, or (at your option) any later
|
417
|
version. This program is distributed in the hope that it
|
418
|
will be useful, but WITHOUT ANY WARRANTY; without even the
|
419
|
implied warranty of MERCHANTABILITY or FITNESS FOR A
|
420
|
PARTICULAR PURPOSE. See the GNU General Public License for
|
421
|
more details. You should have received a copy of the GNU
|
422
|
General Public License along with this program; if not,
|
423
|
write to the Free Software Foundation, Inc., 59 Temple
|
424
|
Place, Suite 330, Boston, MA 02111-1307 USA
|
425
|
|
426
|
Also add information on how to contact you by electronic and
|
427
|
paper mail.
|
428
|
|
429
|
If the program is interactive, make it output a short notice
|
430
|
like this when it starts in an interactive mode:
|
431
|
|
432
|
Gnomovision version 69, Copyright (C) year name of author
|
433
|
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details
|
434
|
type `show w'. This is free software, and you are welcome to
|
435
|
redistribute it under certain conditions; type `show c' for
|
436
|
details. The hypothetical commands `show w' and `show c'
|
437
|
should show the appropriate parts of the General Public
|
438
|
License. Of course, the commands you use may be called
|
439
|
something other than `show w' and `show c'; they could even
|
440
|
be mouse-clicks or menu items--whatever suits your program.
|
441
|
|
442
|
You should also get your employer (if you work as a
|
443
|
programmer) or your school, if any, to sign a "copyright
|
444
|
disclaimer" for the program, if necessary. Here is a sample;
|
445
|
alter the names:
|
446
|
|
447
|
Yoyodyne, Inc., hereby disclaims all copyright interest in
|
448
|
the program `Gnomovision' (which makes passes at compilers)
|
449
|
written by James Hacker.
|
450
|
|
451
|
signature of Ty Coon, 1 April 1989
|
452
|
Ty Coon, President of Vice
|
453
|
|
454
|
This General Public License does not permit incorporating
|
455
|
your program into proprietary programs. If your program is a
|
456
|
subroutine library, you may consider it more useful to
|
457
|
permit linking proprietary applications with the library. If
|
458
|
this is what you want to do, use the GNU Library General
|
459
|
Public License instead of this License.
|
460
|
|
461
|
"CLASSPATH" EXCEPTION TO THE GPL VERSION 2
|
462
|
|
463
|
Certain source files distributed by Oracle America, Inc.
|
464
|
and/or its affiliates are subject to the following
|
465
|
clarification and special exception to the GPLv2, based on
|
466
|
the GNU Project exception for its Classpath libraries, known
|
467
|
as the GNU Classpath Exception, but only where Oracle has
|
468
|
expressly included in the particular source file's header
|
469
|
the words "Oracle designates this particular file as subject
|
470
|
to the "Classpath" exception as provided by Oracle in the
|
471
|
LICENSE file that accompanied this code."
|
472
|
|
473
|
You should also note that Oracle includes multiple,
|
474
|
independent programs in this software package. Some of those
|
475
|
programs are provided under licenses deemed incompatible
|
476
|
with the GPLv2 by the Free Software Foundation and others.
|
477
|
For example, the package includes programs licensed under
|
478
|
the Apache License, Version 2.0. Such programs are licensed
|
479
|
to you under their original licenses.
|
480
|
|
481
|
Oracle facilitates your further distribution of this package
|
482
|
by adding the Classpath Exception to the necessary parts of
|
483
|
its GPLv2 code, which permits you to use that code in
|
484
|
combination with other independent modules not licensed
|
485
|
under the GPLv2. However, note that this would not permit
|
486
|
you to commingle code under an incompatible license with
|
487
|
Oracle's GPLv2 licensed code by, for example, cutting and
|
488
|
pasting such code into a file also containing Oracle's GPLv2
|
489
|
licensed code and then distributing the result.
|
490
|
|
491
|
Additionally, if you were to remove the Classpath Exception
|
492
|
from any of the files to which it applies and distribute the
|
493
|
result, you would likely be required to license some or all
|
494
|
of the other code in that distribution under the GPLv2 as
|
495
|
well, and since the GPLv2 is incompatible with the license
|
496
|
terms of some items included in the distribution by Oracle,
|
497
|
removing the Classpath Exception could therefore effectively
|
498
|
compromise your ability to further distribute the package.
|
499
|
|
500
|
Proceed with caution and we recommend that you obtain the
|
501
|
advice of a lawyer skilled in open source matters before
|
502
|
removing the Classpath Exception or making modifications to
|
503
|
this package which may subsequently be redistributed and/or
|
504
|
involve the use of third party software.
|
505
|
|
506
|
CLASSPATH EXCEPTION
|
507
|
|
508
|
Linking this library statically or dynamically with other
|
509
|
modules is making a combined work based on this library.
|
510
|
Thus, the terms and conditions of the GNU General Public
|
511
|
License version 2 cover the whole combination.
|
512
|
|
513
|
As a special exception, the copyright holders of this
|
514
|
library give you permission to link this library with
|
515
|
independent modules to produce an executable, regardless of
|
516
|
the license terms of these independent modules, and to copy
|
517
|
and distribute the resulting executable under terms of your
|
518
|
choice, provided that you also meet, for each linked
|
519
|
independent module, the terms and conditions of the license
|
520
|
of that module. An independent module is a module which is
|
521
|
not derived from or based on this library. If you modify
|
522
|
this library, you may extend this exception to your version
|
523
|
of the library, but you are not obligated to do so. If you
|
524
|
do not wish to do so, delete this exception statement from
|
525
|
your version.
|
526
|
|
527
|
|
528
|
************************************************************
|
529
|
|
530
|
LICENSE #2:
|
531
|
|
532
|
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
|
533
|
Version 1.0
|
534
|
|
535
|
1. Definitions.
|
536
|
|
537
|
1.1. "Contributor" means each individual or entity that
|
538
|
creates or contributes to the creation of Modifications.
|
539
|
|
540
|
1.2. "Contributor Version" means the combination of the
|
541
|
Original Software, prior Modifications used by a Contributor
|
542
|
(if any), and the Modifications made by that particular
|
543
|
Contributor.
|
544
|
|
545
|
1.3. "Covered Software" means (a) the Original Software, or
|
546
|
(b) Modifications, or (c) the combination of files
|
547
|
containing Original Software with files containing
|
548
|
Modifications, in each case including portions thereof.
|
549
|
|
550
|
1.4. "Executable" means the Covered Software in any form
|
551
|
other than Source Code.
|
552
|
|
553
|
1.5. "Initial Developer" means the individual or entity that
|
554
|
first makes Original Software available under this License.
|
555
|
|
556
|
1.6. "Larger Work" means a work which combines Covered
|
557
|
Software or portions thereof with code not governed by the
|
558
|
terms of this License.
|
559
|
|
560
|
1.7. "License" means this document.
|
561
|
|
562
|
1.8. "Licensable" means having the right to grant, to the
|
563
|
maximum extent possible, whether at the time of the initial
|
564
|
grant or subsequently acquired, any and all of the rights
|
565
|
conveyed herein.
|
566
|
|
567
|
1.9. "Modifications" means the Source Code and Executable
|
568
|
form of any of the following:
|
569
|
|
570
|
A. Any file that results from an addition to, deletion from
|
571
|
or modification of the contents of a file containing
|
572
|
Original Software or previous Modifications;
|
573
|
|
574
|
B. Any new file that contains any part of the Original
|
575
|
Software or previous Modification; or
|
576
|
|
577
|
C. Any new file that is contributed or otherwise made
|
578
|
available under the terms of this License.
|
579
|
|
580
|
1.10. "Original Software" means the Source Code and
|
581
|
Executable form of computer software code that is originally
|
582
|
released under this License.
|
583
|
|
584
|
1.11. "Patent Claims" means any patent claim(s), now owned
|
585
|
or hereafter acquired, including without limitation, method,
|
586
|
process, and apparatus claims, in any patent Licensable by
|
587
|
grantor.
|
588
|
|
589
|
1.12. "Source Code" means (a) the common form of computer
|
590
|
software code in which modifications are made and (b)
|
591
|
associated documentation included in or with such code.
|
592
|
|
593
|
1.13. "You" (or "Your") means an individual or a legal
|
594
|
entity exercising rights under, and complying with all of
|
595
|
the terms of, this License. For legal entities, "You"
|
596
|
includes any entity which controls, is controlled by, or is
|
597
|
under common control with You. For purposes of this
|
598
|
definition, "control" means (a) the power, direct or
|
599
|
indirect, to cause the direction or management of such
|
600
|
entity, whether by contract or otherwise, or (b) ownership
|
601
|
of more than fifty percent (50%) of the outstanding shares
|
602
|
or beneficial ownership of such entity.
|
603
|
|
604
|
2. License Grants.
|
605
|
|
606
|
2.1. The Initial Developer Grant. Conditioned upon Your
|
607
|
compliance with Section 3.1 below and subject to third party
|
608
|
intellectual property claims, the Initial Developer hereby
|
609
|
grants You a world-wide, royalty-free, non-exclusive
|
610
|
license:
|
611
|
|
612
|
(a) under intellectual property rights (other than patent or
|
613
|
trademark) Licensable by Initial Developer, to use,
|
614
|
reproduce, modify, display, perform, sublicense and
|
615
|
distribute the Original Software (or portions thereof), with
|
616
|
or without Modifications, and/or as part of a Larger Work;
|
617
|
and
|
618
|
|
619
|
(b) under Patent Claims infringed by the making, using or
|
620
|
selling of Original Software, to make, have made, use,
|
621
|
practice, sell, and offer for sale, and/or otherwise dispose
|
622
|
of the Original Software (or portions thereof).
|
623
|
|
624
|
(c) The licenses granted in Sections 2.1(a) and (b) are
|
625
|
effective on the date Initial Developer first distributes or
|
626
|
otherwise makes the Original Software available to a third
|
627
|
party under the terms of this License.
|
628
|
|
629
|
(d) Notwithstanding Section 2.1(b) above, no patent license
|
630
|
is granted: (1) for code that You delete from the Original
|
631
|
Software, or (2) for infringements caused by: (i) the
|
632
|
modification of the Original Software, or (ii) the
|
633
|
combination of the Original Software with other software or
|
634
|
devices.
|
635
|
|
636
|
2.2. Contributor Grant. Conditioned upon Your compliance
|
637
|
with Section 3.1 below and subject to third party
|
638
|
intellectual property claims, each Contributor hereby grants
|
639
|
You a world-wide, royalty-free, non-exclusive license:
|
640
|
|
641
|
(a) under intellectual property rights (other than patent or
|
642
|
trademark) Licensable by Contributor to use, reproduce,
|
643
|
modify, display, perform, sublicense and distribute the
|
644
|
Modifications created by such Contributor (or portions
|
645
|
thereof), either on an unmodified basis, with other
|
646
|
Modifications, as Covered Software and/or as part of a
|
647
|
Larger Work; and
|
648
|
|
649
|
(b) under Patent Claims infringed by the making, using, or
|
650
|
selling of Modifications made by that Contributor either
|
651
|
alone and/or in combination with its Contributor Version (or
|
652
|
portions of such combination), to make, use, sell, offer for
|
653
|
sale, have made, and/or otherwise dispose of: (1)
|
654
|
Modifications made by that Contributor (or portions
|
655
|
thereof); and (2) the combination of Modifications made by
|
656
|
that Contributor with its Contributor Version (or portions
|
657
|
of such combination).
|
658
|
|
659
|
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
|
660
|
effective on the date Contributor first distributes or
|
661
|
otherwise makes the Modifications available to a third
|
662
|
party.
|
663
|
|
664
|
(d) Notwithstanding Section 2.2(b) above, no patent license
|
665
|
is granted: (1) for any code that Contributor has deleted
|
666
|
from the Contributor Version; (2) for infringements caused
|
667
|
by: (i) third party modifications of Contributor Version, or
|
668
|
(ii) the combination of Modifications made by that
|
669
|
Contributor with other software (except as part of the
|
670
|
Contributor Version) or other devices; or (3) under Patent
|
671
|
Claims infringed by Covered Software in the absence of
|
672
|
Modifications made by that Contributor.
|
673
|
|
674
|
3. Distribution Obligations.
|
675
|
|
676
|
3.1. Availability of Source Code.
|
677
|
|
678
|
Any Covered Software that You distribute or otherwise make
|
679
|
available in Executable form must also be made available in
|
680
|
Source Code form and that Source Code form must be
|
681
|
distributed only under the terms of this License. You must
|
682
|
include a copy of this License with every copy of the Source
|
683
|
Code form of the Covered Software You distribute or
|
684
|
otherwise make available. You must inform recipients of any
|
685
|
such Covered Software in Executable form as to how they can
|
686
|
obtain such Covered Software in Source Code form in a
|
687
|
reasonable manner on or through a medium customarily used
|
688
|
for software exchange.
|
689
|
|
690
|
3.2. Modifications.
|
691
|
|
692
|
The Modifications that You create or to which You contribute
|
693
|
are governed by the terms of this License. You represent
|
694
|
that You believe Your Modifications are Your original
|
695
|
creation(s) and/or You have sufficient rights to grant the
|
696
|
rights conveyed by this License.
|
697
|
|
698
|
3.3. Required Notices.
|
699
|
|
700
|
You must include a notice in each of Your Modifications that
|
701
|
identifies You as the Contributor of the Modification. You
|
702
|
may not remove or alter any copyright, patent or trademark
|
703
|
notices contained within the Covered Software, or any
|
704
|
notices of licensing or any descriptive text giving
|
705
|
attribution to any Contributor or the Initial Developer.
|
706
|
|
707
|
3.4. Application of Additional Terms.
|
708
|
|
709
|
You may not offer or impose any terms on any Covered
|
710
|
Software in Source Code form that alters or restricts the
|
711
|
applicable version of this License or the recipients' rights
|
712
|
hereunder. You may choose to offer, and to charge a fee for,
|
713
|
warranty, support, indemnity or liability obligations to one
|
714
|
or more recipients of Covered Software. However, you may do
|
715
|
so only on Your own behalf, and not on behalf of the Initial
|
716
|
Developer or any Contributor. You must make it absolutely
|
717
|
clear that any such warranty, support, indemnity or
|
718
|
liability obligation is offered by You alone, and You hereby
|
719
|
agree to indemnify the Initial Developer and every
|
720
|
Contributor for any liability incurred by the Initial
|
721
|
Developer or such Contributor as a result of warranty,
|
722
|
support, indemnity or liability terms You offer.
|
723
|
|
724
|
3.5. Distribution of Executable Versions.
|
725
|
|
726
|
You may distribute the Executable form of the Covered
|
727
|
Software under the terms of this License or under the terms
|
728
|
of a license of Your choice, which may contain terms
|
729
|
different from this License, provided that You are in
|
730
|
compliance with the terms of this License and that the
|
731
|
license for the Executable form does not attempt to limit or
|
732
|
alter the recipient's rights in the Source Code form from
|
733
|
the rights set forth in this License. If You distribute the
|
734
|
Covered Software in Executable form under a different
|
735
|
license, You must make it absolutely clear that any terms
|
736
|
which differ from this License are offered by You alone, not
|
737
|
by the Initial Developer or Contributor. You hereby agree to
|
738
|
indemnify the Initial Developer and every Contributor for
|
739
|
any liability incurred by the Initial Developer or such
|
740
|
Contributor as a result of any such terms You offer.
|
741
|
|
742
|
3.6. Larger Works.
|
743
|
|
744
|
You may create a Larger Work by combining Covered Software
|
745
|
with other code not governed by the terms of this License
|
746
|
and distribute the Larger Work as a single product. In such
|
747
|
a case, You must make sure the requirements of this License
|
748
|
are fulfilled for the Covered Software.
|
749
|
|
750
|
4. Versions of the License.
|
751
|
|
752
|
4.1. New Versions.
|
753
|
|
754
|
Oracle Corporation is the initial license steward and may
|
755
|
publish revised and/or new versions of this License from
|
756
|
time to time. Each version will be given a distinguishing
|
757
|
version number. Except as provided in Section 4.3, no one
|
758
|
other than the license steward has the right to modify this
|
759
|
License.
|
760
|
|
761
|
4.2. Effect of New Versions.
|
762
|
|
763
|
You may always continue to use, distribute or otherwise make
|
764
|
the Covered Software available under the terms of the
|
765
|
version of the License under which You originally received
|
766
|
the Covered Software. If the Initial Developer includes a
|
767
|
notice in the Original Software prohibiting it from being
|
768
|
distributed or otherwise made available under any subsequent
|
769
|
version of the License, You must distribute and make the
|
770
|
Covered Software available under the terms of the version of
|
771
|
the License under which You originally received the Covered
|
772
|
Software. Otherwise, You may also choose to use, distribute
|
773
|
or otherwise make the Covered Software available under the
|
774
|
terms of any subsequent version of the License published by
|
775
|
the license steward.
|
776
|
|
777
|
4.3. Modified Versions.
|
778
|
|
779
|
When You are an Initial Developer and You want to create a
|
780
|
new license for Your Original Software, You may create and
|
781
|
use a modified version of this License if You: (a) rename
|
782
|
the license and remove any references to the name of the
|
783
|
license steward (except to note that the license differs
|
784
|
from this License); and (b) otherwise make it clear that the
|
785
|
license contains terms which differ from this License.
|
786
|
|
787
|
5. DISCLAIMER OF WARRANTY.
|
788
|
|
789
|
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS
|
790
|
IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
|
791
|
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE
|
792
|
COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A
|
793
|
PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO
|
794
|
THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH
|
795
|
YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY
|
796
|
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
|
797
|
CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
|
798
|
REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
|
799
|
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
|
800
|
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
801
|
DISCLAIMER.
|
802
|
|
803
|
6. TERMINATION.
|
804
|
|
805
|
6.1. This License and the rights granted hereunder will
|
806
|
terminate automatically if You fail to comply with terms
|
807
|
herein and fail to cure such breach within 30 days of
|
808
|
becoming aware of the breach. Provisions which, by their
|
809
|
nature, must remain in effect beyond the termination of this
|
810
|
License shall survive.
|
811
|
|
812
|
6.2. If You assert a patent infringement claim (excluding
|
813
|
declaratory judgment actions) against Initial Developer or a
|
814
|
Contributor (the Initial Developer or Contributor against
|
815
|
whom You assert such claim is referred to as "Participant")
|
816
|
alleging that the Participant Software (meaning the
|
817
|
Contributor Version where the Participant is a Contributor
|
818
|
or the Original Software where the Participant is the
|
819
|
Initial Developer) directly or indirectly infringes any
|
820
|
patent, then any and all rights granted directly or
|
821
|
indirectly to You by such Participant, the Initial Developer
|
822
|
(if the Initial Developer is not the Participant) and all
|
823
|
Contributors under Sections 2.1 and/or 2.2 of this License
|
824
|
shall, upon 60 days notice from Participant terminate
|
825
|
prospectively and automatically at the expiration of such 60
|
826
|
day notice period, unless if within such 60 day period You
|
827
|
withdraw Your claim with respect to the Participant Software
|
828
|
against such Participant either unilaterally or pursuant to
|
829
|
a written agreement with Participant.
|
830
|
|
831
|
6.3. In the event of termination under Sections 6.1 or 6.2
|
832
|
above, all end user licenses that have been validly granted
|
833
|
by You or any distributor hereunder prior to termination
|
834
|
(excluding licenses granted to You by any distributor) shall
|
835
|
survive termination.
|
836
|
|
837
|
7. LIMITATION OF LIABILITY.
|
838
|
|
839
|
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER
|
840
|
TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL
|
841
|
YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY
|
842
|
DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
|
843
|
SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT,
|
844
|
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
|
845
|
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
|
846
|
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE
|
847
|
OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
|
848
|
LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
|
849
|
POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
|
850
|
SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
|
851
|
RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
|
852
|
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS
|
853
|
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
|
854
|
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY
|
855
|
NOT APPLY TO YOU.
|
856
|
|
857
|
8. U.S. GOVERNMENT END USERS.
|
858
|
|
859
|
The Covered Software is a "commercial item," as that term is
|
860
|
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
|
861
|
"commercial computer software" (as that term is defined at
|
862
|
48 C.F.R. 252.227-7014(a)(1)) and "commercial computer
|
863
|
software documentation" as such terms are used in 48 C.F.R.
|
864
|
12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
|
865
|
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
|
866
|
Government End Users acquire Covered Software with only
|
867
|
those rights set forth herein. This U.S. Government Rights
|
868
|
clause is in lieu of, and supersedes, any other FAR, DFAR,
|
869
|
or other clause or provision that addresses Government
|
870
|
rights in computer software under this License.
|
871
|
|
872
|
9. MISCELLANEOUS.
|
873
|
|
874
|
This License represents the complete agreement concerning
|
875
|
subject matter hereof. If any provision of this License is
|
876
|
held to be unenforceable, such provision shall be reformed
|
877
|
only to the extent necessary to make it enforceable. This
|
878
|
License shall be governed by the law of the jurisdiction
|
879
|
specified in a notice contained within the Original Software
|
880
|
(except to the extent applicable law, if any, provides
|
881
|
otherwise), excluding such jurisdiction's conflict-of-law
|
882
|
provisions. Any litigation relating to this License shall be
|
883
|
subject to the jurisdiction of the courts located in the
|
884
|
jurisdiction and venue specified in a notice contained
|
885
|
within the Original Software, with the losing party
|
886
|
responsible for costs, including, without limitation, court
|
887
|
costs and reasonable attorneys' fees and expenses. The
|
888
|
application of the United Nations Convention on Contracts
|
889
|
for the International Sale of Goods is expressly excluded.
|
890
|
Any law or regulation which provides that the language of a
|
891
|
contract shall be construed against the drafter shall not
|
892
|
apply to this License. You agree that You alone are
|
893
|
responsible for compliance with the United States export
|
894
|
administration regulations (and the export control laws and
|
895
|
regulation of any other countries) when You use, distribute
|
896
|
or otherwise make available any Covered Software.
|
897
|
|
898
|
10. RESPONSIBILITY FOR CLAIMS.
|
899
|
|
900
|
As between Initial Developer and the Contributors, each
|
901
|
party is responsible for claims and damages arising,
|
902
|
directly or indirectly, out of its utilization of rights
|
903
|
under this License and You agree to work with Initial
|
904
|
Developer and Contributors to distribute such responsibility
|
905
|
on an equitable basis. Nothing herein is intended or shall
|
906
|
be deemed to constitute any admission of liability.
|