AuriStor File System Client Installers

AURISTOR END USER LICENSE AGREEMENT

BY DOWNLOADING, INSTALLING OR USING THIS CLIENT SOFTWARE, THE INDIVIDUAL WHO IS DOWNLOADING, INSTALLING OR USING THIS CLIENT SOFTWARE ("YOU"), OR THE APPLICABLE LEGAL ENTITY, IF SUCH INDIVIDUAL IS ACTING AS A REPRESENTATIVE OF AN ENTITY, CONFIRMS HIS, HER OR ITS ASSENT TO AND ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS OF THIS END USER LICENSE AGREEMENT, WHICH INCLUDES EXHIBIT 1 HERETO ("EULA") BETWEEN YOU OR SUCH ENTITY, AS APPLICABLE ("USER") AND AURISTOR, INC. ("AURISTOR"). IF YOU ARE ACTING ON BEHALF OF AN ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS EULA ON BEHALF OF THAT ENTITY. IF USER DOES NOT ACCEPT THE TERMS OF THIS EULA, USER IS NOT PERMITTED TO USE THIS SOFTWARE AND, IF USER HAS ALREADY DOWNLOADED OR INSTALLED THIS SOFTWARE, USER IS REQUIRED TO DELETE IT. THIS EULA DOES NOT PROVIDE USER WITH ANY RIGHTS TO UPGRADES, UPDATES, SUPPORT OR OTHER AURISTOR SERVICES. THIS EULA GOVERNS THE USE OF THIS CLIENT SOFTWARE INCLUDING ANY UPDATES OR ENHANCEMENTS THEREOF THAT AURISTOR MAY MAKE AVAILABLE AT ITS SOLE DISCRETION.

1.       DEFINITIONS. Capitalized terms shall have the respective meanings ascribed to them below:

1.1.             "Affiliate" means a person or entity that on the date in question (x) Controls, (y) is under the Control of, or (z) is under common Control with, the person or entity in question.

1.2.             "Applicable Laws" means all applicable laws, rules, orders, ordinances, regulations, statutes, requirements, codes and executive orders of any governmental or judicial authorities.

1.3.             "Client License" means the license of rights related to the Client Software, as set forth in Section 3.1 hereof.

1.4.             "Client Software" means this client computer software and any Updates.

1.5.             "Confidential Information" has the meaning set forth in Section 5.1 hereof.

1.6.             "Control" means direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of a corporation or other majority equity interest if not a corporation and the possession of power to direct or cause the direction of the management and policy of such corporation or other entity, whether through the ownership of voting securities, by statute or by contract.

1.7.             "Developments" means the collective ideas, know-how, inventions, methods, or techniques developed or conceived as a result of providing the Client License, including any derivative works, improvements, enhancements and/or extensions made to the Client Software.

1.8.             "Disclosing Party" has the meaning set forth in Section 5.1 hereof.

1.9.             "IBM Public License" mean IBM Public License Version 1.0, a copy of which is set forth on Exhibit 1 hereto.

1.10.          "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now or hereafter exist, and all applications therefor and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

1.11.          "IPL Contributor" means a "Contributor," as defined in Article 1 of the IBM Public License.

1.12.          "Open Source Code" means the portion of the Client Software that consists of open source software code and is subject to the Open Source Licenses.

1.13.          "Open Source Licenses" means the agreements for licensing of open source software code, including the IBM Public License, as set forth on Exhibit 1 hereto.

1.14.          "Party" means either AURISTOR or User, and "Parties" means both AURISTOR and User.

1.15.          "Receiving Party" has the meaning set forth in Section 3.1 hereof.

1.16.          "Representatives" has the meaning set forth in Section 3.3 hereof.

1.17.          "Updates" mean upgrades, enhancements, updates, new versions or other modifications to the Client Software which may be provided by AURISTOR to User from time to time and may, at AURISTOR's discretion.

1.18.          "User Data" means all data provided, or made available, to AURISTOR by or on behalf of User or its Affiliates in connection with the Services.

1.19.          "User" means the contracting Party licensing this Client Software from AURISTOR.

1.20.          "AURISTOR Code" means the portion of this Client Software, whether in source code or object code form, which consists of proprietary software code developed by or on behalf of AURISTOR and which is not Open Source Code.

1.21.          "AURISTOR" means AuriStor, Inc.

 

2.                   LICENSE.

2.1.             Client Access License. AURISTOR hereby grants to User a perpetual, royalty-free, non-exclusive license ("Client License") to reproduce and internally redistribute the Client Software, in object code form, and to use it to access AURISTOR server software to the extent licensed from AURISTOR under an Enterprise Software License Agreement (or, at User's discretion and sole risk, to access other AuriStor-related file systems), subject to compliance with the other terms and conditions set forth in this EULA, for internal business or operational purposes. User may not transfer, assign (other than to a permitted assignee of this EULA) or sublicense the Client License.

2.2.             Additional Restrictions. User shall not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or algorithms of the Client Software; (ii) rent, lease, sell or resell the Client Software, (iii) use the Client Software for the benefit of a third party; (iv) use the Client Software in violation of any Applicable Laws or third party rights; or (vi) remove this EULA or remove or modify any proprietary marking or restrictive legends placed in the Client Software.

2.3.             Export Laws. User covenants that it shall comply with all United States and international export laws and regulations, including the United States Department of Commerce Export Administration Regulations ("EAR"), 15 CFR §§730-774, that apply to the Client Software, including any restrictions on destinations, end users, and end use. User acknowledges that the laws and regulations of the United States restrict the export and re-export of commodities and technical data of United States origin. User agrees that User will not export or re-export the Client Software in violation of the laws of the United States or any other jurisdiction.

3.       CONFIDENTIALITY

3.1.             Confidential Information. In connection with negotiating, entering into or performing this EULA, each Party (the "Receiving Party") may have access to certain Confidential Information of the other Party (the "Disclosing Party"). "Confidential Information" means all information provided by the Disclosing Party to the Receiving Party hereunder that is (i) proprietary and/or non-public information related to the business activities of the Disclosing Party or its Affiliates, including any business plans, strategy, pricing, or financial information; (ii) information relating to the Disclosing Party's methods, processes, code, data, information technology, network designs, passwords, and sign-on codes; and/or (iii) any other information that is designated as confidential by the Disclosing Party. Without limitation of the foregoing, Confidential Information of AURISTOR includes the Client Software and the Documentation; and Confidential Information of User includes any organization-specific deployment details and any metadata describing the data stored in User's file namespace, which information the Parties acknowledge may be accessible by AURISTOR in connection with the Services.

3.2.             Exceptions. Notwithstanding anything to the contrary contained herein, Confidential Information does not include information that is or was, at the time of the disclosure: (i) generally known or available to the public; (ii) received by Receiving Party from a third party; (iii) already in Receiving Party's possession prior to the date of receipt from Disclosing Party; or (iv) independently developed by the Receiving Party without reference to the Disclosing Party's Confidential Information, provided that in each case such information was not obtained by the Receiving Party as a result of any unauthorized or wrongful act or omission, breach of this EULA, or breach of any legal, ethical or fiduciary obligation owed to the Disclosing Party.

3.3.             Use. The Receiving Party shall only use the Disclosing Party's Confidential Information in a manner consistent with the provisions of this EULA. AURISTOR may use User's Confidential Information to perform any obligations on behalf of User hereunder or to perform analysis for the purpose of improving the configuration, structure, or algorithms in future releases of the Client Software. At all times, the Receiving Party shall: (1) use the same standard of care to protect the Confidential Information as it uses to protect its own confidential information of a similar nature, but not less than a commercially reasonable standard of care, (2) not use the Disclosing Party's Confidential Information other than as permitted under this EULA, and (3) not disclose, distribute, or disseminate the Confidential Information to any third party apart from, on a "need to know" basis, (x) its Affiliates or (y) the attorneys, accountants, contractors or consultants of the Receiving Party or its Affiliates ("Representatives"), who are directed to hold the Confidential Information in confidence and are bound by applicable contractual or fiduciary obligations of confidentiality at least substantially as stringent as the provisions contained herein. The Receiving Party shall be responsible for any acts or omissions of its Affiliates or Representatives that would, if directly attributed to the Receiving Party, constitute a breach of this Section.

3.4.             Required Disclosures. Notwithstanding anything to the contrary contained herein, in the event that Receiving Party is requested or required (by oral questions, interrogatories, requests for information or documents in legal proceedings, subpoena, civil investigative demand or other similar process) to disclose any of the Confidential Information, Receiving Party shall, if permitted under Applicable Laws, provide Disclosing Party with prompt written notice of any such request or requirement so that Disclosing Party may seek a protective order or other appropriate remedy. If, in the absence of a protective order or other remedy, Receiving Party is nonetheless legally compelled to disclose Confidential Information, Receiving Party may, without liability hereunder, disclose that portion of the Confidential Information which is legally required to be disclosed, provided that Receiving Party exercises reasonable efforts to preserve the confidentiality of the Confidential Information, including, without limitation, by cooperating with the Disclosing Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information.

3.5.             Enterprise Parties. Notwithstanding anything to the contrary contained above in this Section 3, if the Parties are also parties to an Enterprise Software License Agreement, the confidentiality provisions of such agreement shall, in lieu of this Section, govern and control with respect to all Confidential Information disclosed in connection with this EULA.

4.                   TERM; TERMINATION.

4.1.             Term. The term of this EULA shall commence on the Effective Date and, subject to sooner termination in accordance with Section 7.2 hereof, shall continue in effect thereafter.

4.2.             Termination. Either Party may terminate this EULA, on notice to the other Party: (a) if the other Party files a petition for bankruptcy, becomes insolvent, or makes an assignment for the benefit of its creditors, or a receiver is appointed for the other Party or its business; or (b) upon the occurrence of a material breach of this EULA by the other Party, if such breach is not cured within thirty (30) days of the breaching Party's receipt of notice identifying the matter constituting the material breach.

4.3.             Survival. The provisions of Sections 1, 2.3, 3, 4.3 and 5-9 hereof, together with any payment obligations hereunder that shall have accrued prior to the effective date of the expiration or termination hereof, shall survive any expiration or termination of this EULA.

5.                   PROPRIETARY RIGHTS.As between the Parties, AURISTOR shall own all Intellectual Property Rights in and to the AURISTOR Code, any Developments and any Updates, and each Party shall own all Intellectual Property Rights in and to its Confidential Information.

6.                   DISCLAIMERS. USER ACKNOWLEDGES THAT THE CLIENT SOFTWARE IS PROVIDED ON AN "AS IS" BASIS. USER IS SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING THE CLIENT SOFTWARE AND ASSUMES ALL RISKS ASSOCIATED WITH ITS EXERCISE OF RIGHTS UNDER THIS EULA, INCLUDING THE RISKS AND COSTS OF PROGRAM ERRORS, COMPLIANCE WITH APPLICABLE LAWS AND OPEN SOURCE LICENSE REQUIREMENTS, DAMAGE TO OR LOSS OF DATA, PROGRAMS OR EQUIPMENT, AND UNAVAILABILITY OR INTERRUPTION OF OPERATIONS. AURISTOR DOES NOT WARRANT THAT THE CLIENT SOFTWARE WILL BE ERROR-FREE, OR THAT ALL ERRORS OR DEFECTS WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AURISTOR AND ITS LICENSORS AND ANY THIRD PARTY IPL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, STATUTORY, IMPLIED OR OTHERWISE ARISING IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE) WITH RESPECT TO THE CLIENT SOFTWARE OR ANY SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

7.                   INDEMNITY. User shall indemnify, defend and hold harmless AURISTOR and its licensors and their respective officers, directors, employees and agents, from any and all damages, liabilities, and reasonable costs and expenses, including reasonable attorneys' fees, resulting from any third party claim that would, if true, constitute a breach of any of its obligations hereunder.

8.                   LIMITATION OF LIABILITY. EXCEPT TO THE EXTENT ARISING OUT OF A PARTY'S FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR A BREACH OF THE CLIENT LICENSE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER IN TORT OR IN CONTRACT, OR FOR ANY LOSS OF PROFITS OR LOSS OF GOODWILL, IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (Y) AURISTOR'S AGGREGATE LIABILITY HEREUNDER FOR ANY REASON SHALL NOT EXCEED U.S. $1000. IN NO EVENT SHALL ANY THIRD PARTY IPL CONTRIBUTORS BE LIABLE TO CUSTOMER FOR ANY DAMAGES IN CONNECTION WITH THE SERVER SOFTWARE, INCLUDING FOR DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES, SUCH AS LOST PROFITS.

9.                   GENERAL

9.1.             Independent Contractors. The relationship between the Parties is that of independent contractors. Neither Party is an agent, representative or partner of the other. Neither Party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. This EULA shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties, or to impose any liability attributable to such a relationship upon either such Party.

9.2.             Assignment. Neither Party may assign any of its rights or delegate any of its obligations hereunder without the prior written consent of the other Party, not to be unreasonably withheld; provided, however, that either Party may assign this EULA to any Affiliate thereof or successor by reason of a merger, consolidation or sale of all or substantially all of its assets or equity. This EULA shall be binding on the successors and permitted assigns of each of the Parties. Any purported assignment in violation of this paragraph shall be null and void, ab initio.

9.3.             Governing Law; Jurisdiction. This EULA shall be interpreted under and governed by the laws of the State of New York, United States of America. The Parties agree to submit to the exclusive jurisdiction over all disputes hereunder in the federal and state courts in the State of New York located in New York County.

9.4.             Interpretation. Section headings are included for convenience only and are not to be used to construe or interpret this Agreement. Any references in this EULA to "include" or "including" shall be deemed to mean "include without limitation" or "including without limitation," respectively. Terms such as "herein," "hereto" or "hereof"" shall be deemed to refer to this entire EULA, not just a section, clause or other portion of this EULA. In the event of any conflict or inconsistency between the provisions of this EULA (excluding the Schedules) and the Schedules, the former shall govern and control.

9.5.             Severability. If any part of this EULA shall be held by a court of competent jurisdiction to be void, invalid or inoperative, or shall otherwise be held unenforceable by any applicable government authority or agency, the remaining provisions of this EULA shall not be affected and shall continue in effect, and the invalid provision shall be deemed modified to the least degree necessary to remedy such invalidity.

9.6.             No Waiver. No failure by either Party to exercise, and no delay in exercising, any right hereunder will operate as a waiver of such right, nor will any single or partial exercise by a Party of any right hereunder preclude any other future exercise of that right, or any other right, by that Party.

9.7.             Remedies. The rights and remedies of AURISTOR, as set forth in this EULA are not exclusive and are in addition to any other rights and remedies available to it in law or in equity.

9.8.            Entire Agreement. The EULA contains the entire agreement of the Parties and supersedes all prior negotiations, understandings and agreements between the Parties with respect to the subject matter hereof.

EXHIBIT 1 TO EULA

OPEN SOURCE LICENSES

IBM PUBLIC LICENSE VERSION 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS IBM 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 International Business Machines Corporation ("IBM"), the Original Program, and

b.                  in the case of each 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 additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

"Contributor" means IBM and any other 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.

"Original Program" means the original version of the software accompanying this Agreement as released by IBM, including source code, object code and documentation, if any.

"Program" means the Original Program and Contributions.

"Recipient" means anyone who receives the Program under this Agreement, including all Contributors.

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, in source code and object code form.

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 and object code 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.

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a.                   it complies with the terms and conditions of this Agreement; and

b.                  its license agreement:

                                i.            effectively disclaims on behalf of all 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 Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits;

                            iii.            states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and

                            iv.            states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a.                   it must be made available under this Agreement; and

b.                  a copy of this Agreement must be included with each copy of the Program.

Each Contributor must include the following in a conspicuous location in the Program:

Copyright (C) 1996, 1999 International Business Machines Corporation and others. All Rights Reserved.

In addition, each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

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, 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, 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 a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, 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.

IBM may publish new versions (including revisions) of this Agreement from time to time. 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. No one other than IBM has the right to modify this Agreement. 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.

 

OpenAFS contains code licensed under a standard 3-term BSD license with the following names as copyright holders:

Kungliga Tekniska H�gskolan (Royal Institute of Technology, Stockholm, Sweden)

Sine Nomine Associates

/* * 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 holder 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 * HOLDERS 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. */

Some code in rxkad/ticket5.c is subject to the following copyright:

/* * Copyright 1992, 2002 by the Massachusetts Institute of Technology. * All Rights Reserved. * * Export of this software from the United States of America may * require a specific license from the United States Government. * It is the responsibility of any person or organization contemplating * export to obtain such a license before exporting. * * WITHIN THAT CONSTRAINT, permission to use, copy, modify, and * distribute this software and its documentation for any purpose and * without fee is hereby granted, provided that the above copyright * notice appear in all copies and that both that copyright notice and * this permission notice appear in supporting documentation, and that * the name of M.I.T. not be used in advertising or publicity pertaining * to distribution of the software without specific, written prior * permission. Furthermore if you modify this software you must label * your software as modified software and not distribute it in such a * fashion that it might be confused with the original M.I.T. software. * M.I.T. makes no representations about the suitability of * this software for any purpose. It is provided "as is" without express * or implied warranty. */

aklog/ka-forwarder.c is subject to the following copyright:

/* * Copyright (c) 1993 Carnegie Mellon University * All Rights Reserved. * * Permission to use, copy, modify and distribute this software and its * documentation is hereby granted, provided that both the copyright * notice and this permission notice appear in all copies of the * software, derivative works or modified versions, and any portions * thereof, and that both notices appear in supporting documentation. * * CARNEGIE MELLON ALLOWS FREE USE OF THIS SOFTWARE IN ITS "AS IS" * CONDITION. CARNEGIE MELLON DISCLAIMS ANY LIABILITY OF ANY KIND FOR * ANY DAMAGES WHATSOEVER RESULTING FROM THE USE OF THIS SOFTWARE. * * Carnegie Mellon requests users of this software to return to * * Software Distribution Coordinator or Software_Distribution@CS.CMU.EDU * School of Computer Science * Carnegie Mellon University * Pittsburgh PA 15213-3890 * * any improvements or extensions that they make and grant Carnegie Mellon * the rights to redistribute these changes. */

Some portions of Rx are subject to the following license:

/* * Sun RPC is a product of Sun Microsystems, Inc. and is provided for * unrestricted use provided that this legend is included on all tape * media and as a part of the software program in whole or part. Users * may copy or modify Sun RPC without charge, but are not authorized * to license or distribute it to anyone else except as part of a product or * program developed by the user or with the express written consent of * Sun Microsystems, Inc. * * SUN RPC IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE * WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR * PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. * * Sun RPC is provided with no support and without any obligation on the * part of Sun Microsystems, Inc. to assist in its use, correction, * modification or enhancement. * * SUN MICROSYSTEMS, INC. SHALL HAVE NO LIABILITY WITH RESPECT TO THE * INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY SUN RPC * OR ANY PART THEREOF. * * In no event will Sun Microsystems, Inc. be liable for any lost revenue * or profits or other special, indirect and consequential damages, even if * Sun has been advised of the possibility of such damages. * * Sun Microsystems, Inc. * 2550 Garcia Avenue * Mountain View, California 94043 */

src/afs/LINUX/osi_flush.s included code under IBM Public License with

permission of the author, Paul MacKerras.

===========================================================

Personal contributions made by Jason Edgecombe

<jason@rampaginggeek.com> that refer to the "BSD license" are subject to the following license:

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 OpenAFS 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.

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The files src/cf/krb5.m4, src/cf/lib-depends.m4, and

src/cf/lib-pathname.m4 are covered by the following license:

Copyright 2005, 2006, 2007, 2008, 2009, 2010 Board of Trustees, Leland Stanford Jr. University

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the name of Stanford University not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. Stanford University makes no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

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Copyright (c) 2011 Your File System, 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 Your File System, Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission from Your File System, Inc.

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.

 

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Copyright (c) 2012, Sine Nomine Associates

Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.

THE SOFTWARE IS PROVIDED "AS IS" AND THE AUTHOR DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

 

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Copyright 1987, 1988 by the Student Information Processing Board of the Massachusetts Institute of Technology Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee is hereby granted, provided that the above copyright notice appear in all copies and that both that copyright notice and this permission notice appear in supporting documentation, and that the names of M.I.T. and the M.I.T. S.I.P.B. not be used in advertising or publicity pertaining to distribution of the software without specific, written prior permission. M.I.T. and the M.I.T. S.I.P.B. make no representations about the suitability of this software for any purpose. It is provided "as is" without express or implied warranty.

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Copyright (c) 2005-2008 Secure Endpoints Inc. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Copyright 1991 by Vicent Archer. All rights reserved. Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions: The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software. THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

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Written by Russ Allbery <rra@stanford.edu> Copyright 2011, 2012 The Board of Trustees of the Leland Stanford Junior University

This file is free software; the authors give unlimited permission to copy and/or distribute it, with or without modifications, as long as this notice is preserved.