Hardware Management Console License README
 

This Readme file contains license information and notices related to certain Third Party Code contained in this product.



 
ADOBE SYSTEMS INCORPORATED

ADOBE® READER® SOFTWARE LICENSE AGREEMENT

NOTICE TO USER: PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE ADOBE READER SOFTWARE ("SOFTWARE") YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, IN PARTICULAR THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; TRANSFERABILITY IN SECTION 4; WARRANTY IN SECTION 6; AND LIABILITY IN SECTION 7. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE ON TANGIBLE MEDIA (e.g. CD) WITHOUT AN OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MAY OBTAIN A REFUND OF ANY AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT WAS OBTAINED WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE.

Adobe and its suppliers own all intellectual property in the Software. Adobe permits you to Use the Software only in accordance with the terms of this Agreement. Use of some third party materials included in the Software may be subject to other terms and conditions typically found in a separate license agreement or "Read Me" file located near such materials.

1. Definitions. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) Adobe or third party computer information or software; (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Adobe (collectively, "Updates"). "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the Documentation. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Adobe. "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. "Adobe" means Adobe Systems Incorporated, a Delaware corporation, 345 Park Avenue, San Jose, California 95110, if subsection 10(a) of this Agreement applies; otherwise it means Adobe Systems Software Ireland Limited, Unit 3100, Lake Drive, City West Campus, Saggart D24, Republic of Ireland, a company organized under the laws of Ireland and an affiliate and licensee of Adobe Systems Incorporated.

2. Software License. As long as you comply with the terms of this Software License Agreement (this "Agreement"), Adobe grants to you a non-exclusive license to Use the Software for the purposes described in the Documentation. 
2.1 General Use. You may install and Use a copy of the Software on your compatible computer, up to the Permitted Number of computers.
2.2 Server Use and Distribution. 
2.2.1 Subject to the terms of this Agreement, you may install one copy of the Software on a computer file server within your internal network for the sole and exclusive purpose of using the Software (from an unlimited number of client computers on your internal network) via (a) the Network File System (NFS) for UNIX versions of the Software or (b) Windows Terminal Services. Unless otherwise expressly permitted hereunder, no other server or network use of the Software is permitted, including but not limited to use of the Software (i) either directly or through commands, data or instructions from or to another computer or (ii) for internal network, internet or web hosting services.
2.2.2 For information on how to distribute the Software on tangible media or through an internal network please refer to the sections entitled "How to Distribute Adobe Reader" at http://www.adobe.com. 
2.3 Backup Copy. You may make one backup copy of the Software, provided your backup copy is not installed or used on any computer. You may not transfer the rights to a backup copy unless you transfer all rights in the Software as provided under Section 4.
2.4 Portable or Home Computer Use. In addition to the single copy permitted under Sections 2.2.1 and 2.3, the primary user of the computer on which the Software is installed may make a second copy of the Software for his or her exclusive use on either a portable Computer or a Computer located at his or her home, provided the Software on the portable or home Computer is not used at the same time as the Software on the primary computer.
2.5 No Modification. You may customize or extend the functionality of the installer for the Software as specifically allowed by instructions found at http://www.adobe.com or http://partners.adobe.com (e.g., installation of additional plug-in and help files). You may not otherwise alter or modify the Software or create a new installer for the Software. The Software is licensed and distributed by Adobe for viewing, distributing and sharing PDF files. You are not authorized to integrate or use the Software with any other software, plug-in or enhancement which uses or relies upon the Software when converting or transforming PDF files into other file formats (e.g., a PDF file into a TIFF, JPEG, or SVG file). You are not authorized to integrate or use the Software with any (a) plug-in software not developed in accordance with the Adobe Integration Key License Agreement or (b) other software or enhancement that uses Inter Application Communication (IAC) to programmatically interface with the Software for the purpose of (i) creating a file that contains data (e.g., an XML or comments file), (ii) saving modifications to a PDF file or (iii) rendering a PDF file in such other software's application window. 
2.6 Third Party Website Access. The Software allows you to access third party websites ("Third Party Sites"). Your access to and use of any Third Party Sites, including any goods, services or information made available from such sites, is governed by the terms and conditions found at each Third Party Site, if any. Third Party Sites are not owned or operated by Adobe. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK. ADOBE MAKES NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE THIRD PARTY SITES.
2.7 Certified Documents.
2.7.1 Certified Documents and CD Services. The Software allows you to validate Certified Documents. A "Certified Document" or "CD" is a PDF file that has been digitally signed using (a) the Software CD feature set, (b) a certificate, and (c) a "private" encryption key that corresponds to the "public" key in the certificate. Validation of a CD requires CD Services from the CD Service Provider that issued the certificate. "CD Service Provider" is an independent third party service vendor listed at http://www.adobe.com/security/partners_cds.html. "CD Services" are services provided by CD Service Providers, including without limitation (a) certificates issued by such CD Service Provider for use with the Software's CD feature set, (b) services related to issuance of certificates, and (c) other services related to certificates, including without limitation verification services.
2.7.2 CD Service Providers. Although the Software provides validation features, Adobe does not supply the necessary CD Services required to use these features. Purchasing, availability and responsibility for the CD Services are between you and the CD Service Provider. Before you rely upon any CD, any digital signature applied thereto, and/or any related CD Services, you must first review and agree to the applicable Issuer Statement and this Agreement. "Issuer Statement" means the terms and conditions under which each CD Service Provider offers CD Services (see the links on http://www.adobe.com/security/partners_cds.html), including for example any subscriber agreements, relying party agreements, certificate policies and practice statements, and Section 2.7 of this Agreement. By validating a CD using CD Services, you acknowledge and agree that (i) the certificate used to digitally sign a CD may be revoked at the time of verification, making the digital signature on the CD appear valid when in fact it is not, (ii) the security or integrity of a CD may be compromised due to an act or omission by the signer of the CD, the applicable CD Service Provider, or any other third party; and (iii) you must read, understand, and be bound by the applicable Issuer Statement.
2.7.3 Warranty Disclaimer. CD Service Providers offer CD Services solely in accordance with the applicable Issuer Statement. ACCESS TO THE CD SERVICES THROUGH THE USE OF THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WITHOUT ANY WARRANTY OR INDEMNITY OF ANY KIND (EXCEPT AS SUPPLIED BY A CD SERVICES PROVIDER IN ITS ISSUER STATEMENT). ADOBE AND EACH CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY PROVIDED IN ITS ISSUER STATEMENT) MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE CD SERVICES.
2.7.4 Indemnity. You agree to hold Adobe and any applicable CD Service Provider (except as expressly provided in its Issuer Statement) harmless from any and all liabilities, losses, actions, damages, or claims (including all reasonable expenses, costs, and attorneys fees) arising out of or relating to any use of, or reliance on, any CD Service, including, without limitation (a) reliance on an expired or revoked certificate; (b) improper verification of a certificate; (c) use of a certificate other than as permitted by any applicable Issuer Statement, this Agreement or applicable law; (d) failure to exercise reasonable judgment under the circumstances in relying on the CD Services; or (e) failure to perform any of the obligations as required in an applicable Issuer Statement.
2.7.5 Limit of Liability. UNDER NO CIRCUMSTANCES WILL ADOBE OR ANY CD SERVICE PROVIDER (EXCEPT AS EXPRESSLY SET FORTH IN ITS ISSUER STATEMENT) BE LIABLE TO YOU, OR ANY OTHER PERSON OR ENTITY, FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON CD SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIALTERMS OF THIS AGREEMENT.
2.7.6 Third Party Beneficiaries. You agree that any CD Service Provider you utilize shall be a third party beneficiary with respect to this Section 2.7 of this Agreement, and that such CD Service Provider shall have the right to enforce such provisions in its own name as if the CD Service Provider were Adobe.

3. Intellectual Property Ownership, Copyright Protection. The Software and any authorized copies that you make are the intellectual property of and are owned by Adobe Systems Incorporated and its suppliers. The structure, organization and code of the Software are the valuable trade secrets and confidential information of Adobe Systems Incorporated and its suppliers. The Software is protected by law, including without limitation the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted are reserved by Adobe and its suppliers. 

4. Restrictions.
4.1 Notices. You shall not copy the Software except as set forth in Section 2. Any copy of the Software that you make must contain the same copyright and other proprietary notices that appear on or in the Software. 
4.2 No Modifications. You shall not modify, adapt or translate the Software. You shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and you have first requested Adobe to provide the information necessary to achieve such operability and Adobe has not made such information available. Adobe has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any such information supplied by Adobe and any information obtained by you by such permitted decompilation may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to the Adobe Customer Support Department. 
4.3 Document Features. The Software may contain features and functionality that appear disabled or "grayed out" (the "Document Features"). The Document Features will only activate when opening certain PDF documents that have been created using corresponding enabling technology available from Adobe. You agree not to access, or attempt to access, disabled Document Features or otherwise circumvent the permissions that control activation of such Document Features.
4.4 Transfer. You may not, rent, lease, sublicense, assign or transfer your rights in the Software, or authorize all or any portion of the Software to be copied onto another user's computer except as may be expressly permitted herein. You may, however, transfer all your rights to Use the Software to another person or legal entity provided that: (a) you also transfer (i) this Agreement, and (ii) the Software and all other software or hardware bundled or pre-installed with the Software, including all copies, Updates and prior versions, to such person or entity; (b) you retain no copies, including backups and copies stored on a computer; and (c) the receiving party accepts the terms and conditions of this Agreement and any other terms and conditions upon which you legally purchased a license to the Software. Notwithstanding the foregoing, you may not transfer education, pre-release, or not for resale copies of the Software. 

5. Updates. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use such Update. All Updates are provided to you on a license exchange basis. You agree that by Using an Update you voluntarily terminate your right to use any previous version of the Software. As an exception, you may continue to Use previous versions of the Software on your Computer after you Use the Update buy only to assist you in the transition to the Update, provided that: (a) the Update and the previous versions are installed on the same computer; (b) the previous versions or copies thereof are not transferred to another party or Computer unless all copies of the Update are also transferred to such party or Computer; and (c) you acknowledge that any obligation Adobe may have to support the previous versions of the Software may be ended upon availability of the Update. 

6. NO WARRANTY. The Software is being delivered to you "AS IS" and Adobe makes no warranty as to its use or performance. ADOBE AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, ADOBE AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. The provisions of Section 6 and Section 7 shall survive the termination of this Agreement, howsoever caused, but this shall not imply or create any continued right to Use the Software after termination of this Agreement.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL ADOBE OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ADOBE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION. ADOBE'S AGGREGATE LIABILITY AND THAT OF ITS SUPPLIERS UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. Nothing contained in this Agreement limits Adobe's liability to you in the event of death or personal injury resulting from Adobe's negligence or for the tort of deceit (fraud). Adobe is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. For further information, please see the jurisdiction specific information at the end of this Agreement, if any, or contact Adobe's Customer Support Department.

8. Export Rules. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws"). In addition, if the Software is identified as export controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, an embargoed nation (including without limitation Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia) and that you are not otherwise prohibited under the Export Laws from receiving the Software. All rights to Use the Software are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.

9. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if a license to the Software is obtained when you are in the United States, Canada, or Mexico; or (b) in Japan, if a license to the Software is obtained when you are in Japan, China, Korea, or other Southeast Asian country where all official languages are written in either an ideographic script (e.g., hanzi, kanji, or hanja), and/or other script based upon or similar in structure to an ideographic script, such as hangul or kana; or (c) Ireland, if a license to the Software is purchased when you are in any other jurisdiction not described above. The respective courts of Santa Clara County, California when California law applies, Tokyo District Court in Japan, when Japanese law applies, and the competent courts of Ireland, when the law of Ireland applies, shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. 

10. General Provisions. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of this Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified by a writing signed by an authorized officer of Adobe. Updates may be licensed to you by Adobe with additional or different terms. This is the entire agreement between Adobe and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software. 

11. Notice to U.S. Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States. Adobe Systems Incorporated, 345 Park Avenue, San Jose, CA 95110-2704, USA. For U.S. Government End Users, Adobe agrees to comply with all applicable equal opportunity laws including, if appropriate, the provisions of Executive Order 11246, as amended, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (38 USC 4212), and Section 503 of the Rehabilitation Act of 1973, as amended, and the regulations at 41 CFR Parts 60-1 through 60-60, 60-250, and 60-741. The affirmative action clause and regulations contained in the preceding sentence shall be incorporated by reference in this Agreement.

12. Compliance with Licenses. If you are a business or organization, you agree that upon request from Adobe or Adobe's authorized representative, you will within thirty (30) days fully document and certify that use of any and all Software at the time of the request is in conformity with your valid licenses from Adobe.

13. Specific Exceptions.
13.1 Limited Warranty for Users Residing in Germany or Austria. If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 6 does not apply, instead, Adobe warrants that the Software provides the functionalities set forth in the Documentation (the "agreed upon functionalities") for the limited warranty period following receipt of the Software when used on the recommended hardware configuration. As used in this Section, "limited warranty period" means one (1) year if you are a business user and two (2) years if you are not a business user. Non-substantial variation from the agreed upon functionalities shall not be considered and does not establish any warranty rights. THIS LIMITED WARRANTY DOES NOT APPLY TO SOFTWARE PROVIDED TO YOU FREE OF CHARGE, FOR EXAMPLE, UPDATES, PRE-RELEASE, TRYOUT, PRODUCT SAMPLER, NOT FOR RESALE (NFR) COPIES OF SOFTWARE, OR SOFTWARE THAT HAS BEEN ALTERED BY YOU, TO THE EXTENT SUCH ALTERATIONS CAUSED A DEFECT. To make a warranty claim, during the limited warranty period you must return, at our expense, the Software and proof of purchase to the location where you obtained it. If the functionalities of the Software vary substantially from the agreed upon functionalities, Adobe is entitled -- by way of re-performance and at its own discretion -- to repair or replace the Software. If this fails, you are entitled to a reduction of the purchase price (reduction) or to cancel the purchase agreement (rescission). For further warranty information, please contact Adobe's Customer Support Department
13.2 Limitation of Liability for Users Residing in Germany and Austria. 
13.2.1 If you obtained the Software in Germany or Austria, and you usually reside in such country, then Section 7 does not apply, Instead, subject to the provisions in Section 13.2.2, Adobe's statutory liability for damages shall be limited as follows: (i) Adobe shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the purchase agreement in respect of damages caused by a slightly negligent breach of a material contractual obligation and (ii) Adobe shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation. 
13.2.2 The aforesaid limitation of liability shall not apply to any mandatory statutory liability, in particular, to liability under the German Product Liability Act, liability for assuming a specific guarantee or liability for culpably caused personal injuries.
13.2.3 You are required to take all reasonable measures to avoid and reduce damages, in particular to make back-up copies of the Software and your computer data subject to the provisions of this Agreement.
13.3 Pre-release Product Additional Terms. If the product you have received with this license is pre-commercial release or beta Software ("Pre-release Software"), then the following Section applies. To the extent that any provision in this Section is in conflict with any other term or condition in this Agreement, this Section shall supercede such other term(s) and condition(s) with respect to the Pre-release Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Software is a pre-release version, does not represent final product from Adobe, and may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, the Pre-release Software is provided to you "AS-IS", and Adobe disclaims any warranty or liability obligations to you of any kind. WHERE LIABILITY CANNOT BE EXCLUDED FOR PRE-RELEASE SOFTWARE, BUT IT MAY BE LIMITED, ADOBE'S LIABILITY AND THAT OF ITS SUPPLIERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that Adobe has not promised or guaranteed to you that Pre-release Software will be announced or made available to anyone in the future, Adobe has no express or implied obligation to you to announce or introduce the Pre-release Software and that Adobe may not introduce a product similar to or compatible with the Pre-release Software. Accordingly, you acknowledge that any research or development that you perform regarding the Pre-release Software or any product associated with the Pre-release Software is done entirely at your own risk. During the term of this Agreement, if requested by Adobe, you will provide feedback to Adobe regarding testing and use of the Pre-release Software, including error or bug reports. If you have been provided the Pre-release Software pursuant to a separate written agreement, such as the Adobe Systems Incorporated Serial Agreement for Unreleased Products, your use of the Software is also governed by such agreement. You agree that you may not and certify that you will not sublicense, lease, loan, rent, assign or transfer the Pre-release Software. Upon receipt of a later unreleased version of the Pre-release Software or release by Adobe of a publicly released commercial version of the Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Pre-release Software received from Adobe and to abide by the terms of the license agreement for any such later versions of the Pre-release Software. Notwithstanding anything in this Section to the contrary, if you are located outside the United States of America, you agree that you will return or destroy all unreleased versions of the Pre-release Software within thirty (30) days of the completion of your testing of the Software when such date is earlier than the date for Adobe's first commercial shipment of the publicly released (commercial) Software. 

If you have any questions regarding this Agreement or if you wish to request any information from Adobe please use the address and contact information included with this product to contact the Adobe office serving your jurisdiction. 

Adobe and Reader are either registered trademarks or trademarks of Adobe Systems Incorporated in the United States and/or other countries. 

Reader_WWEULA_English_04.14.03 

Opera Browser Information: LICENSE.TXT
===========================================
Copyright (C) Opera Software 1995-2003

IMPORTANT NOTE

The Software, as defined below, is protected by copyright, which are vested in Opera Software ASA/its suppliers.

Registration codes, as defined below, are protected by copyright, which is vested in Opera Software ASA.

The Software and Registration Codes may only be used in accordance with the terms and conditions set out in this document.

If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to keep or use the Software or Registration Codes in any way whatsoever and must destroy or return all copies of these items which are in your possession.

To make personalized advertising possible, users of the ad-sponsored software may provide ad-related profile information on strictly a voluntary basis. The Opera Software ASA privacy policy, found at <http://www.opera.com/privacy/> governs the use of such profile information.

END USER LICENSE AGREEMENT

DEFINITIONS

The following definitions apply to the terms and conditions included in this Agreement.

Opera
means a Browser, developed by Opera Software ASA, for reading and writing files to and from a network and/or file system.

Software
means Opera, all program and information files and other documentation which are part of the Opera Software package, with the exception of the Registration Codes.

Registration Code
registers a paid version of the software. This disables the advertising banner in the Browser’s top right hand corner, and removes advertising content which has been cached.

Individual
means a particular person.
 

TERMS OF AGREEMENT

This is a legal agreement between you, the users, and Opera Software ASA. By installing or using this Software, you agree to be bound by the terms of this agreement. If you do not agree to those terms, you may not use or install the Software.

You are entitled to use your copy of the Software on one computer. "Use" means loaded in temporary memory or permanent storage on the computer. Installation on a network server for distribution to other computers is not allowed, unless you have a separate license for each computer to which the Software is distributed. You are obligated to have a reasonable process to assure that the number of persons using the Software concurrently does not exceed the number of licenses.

The Software is protected by Norwegian and United States copyright laws and international treaties. You may make one copy of the Software solely for backup or archival purposes or transfer it to a single hard disk provided you keep the original disk solely for backup or archival purposes. You may not rent or lease the Software or copy any written materials accompanying the Software. You may transfer the Software and all accompanying materials to another individual on a permanent basis, if you retain no copies and the recipient agrees to the terms of this Agreement. Any transfer must include the most recent update and all prior versions.

All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are the property of and remains vested in Opera Software ASA/its suppliers.

You shall not modify, translate, reverse engineer, decompile or disassemble the Software or any part thereof or otherwise attempt to derive source code or create derivative works therefrom.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained with the Software.

Registration Codes may be used, stored or copied only by the person or organization, which has licensed the Software, and solely for the purpose of using the Software within the terms and conditions of this Agreement. No person or organization is permitted to store or copy a Registration Code for any other purpose without written agreement from Opera Software ASA.

The copyright of all Registration Codes remains vested in Opera Software ASA which reserves the right to withhold or withdraw authorization of use of all Registration Codes issued to a person or organization if there is reasonable evidence to indicate that the person or organization is involved in a breach of the terms of this document.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. OPERA SOFTWARE ASA OR ITS SUPPLIERS DOES NOT WARRANT THAT THE FUNCTIONS OF THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE.

YOU ACKNOWLEDGE THAT THE SOFTWARE IS NOT INTENDED FOR USE IN (I) ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR (II) IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY.

OPERA SOFTWARE ASA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES RELATED TO: NON-INFRINGEMENT, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE .

IN NO EVENT SHALL OPERA SOFTWARE ASA OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OPERA SOFTWARE ASA ALSO DISCLAIMS ALL LIABILITY FOR   ACTS OR MATERIAL PRESENTED BY THE ADVERTISER, AD-SERVING PARTNERS OR OTHERS (INCLUDING UNAUTHORIZED USERS, OR "CRACKERS")

REGARDLESS OF THE FORM OF ACTION, OPERA SOFTWARE ASA AND ITS SUPPLIERS AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT.  THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.
 

The Software may be subject to export or import regulations, and the user agrees to comply strictly with all such laws and regulations. The user agrees not to export or re-export the Software or any part thereof or information pertaining thereto to any country for which a U.S. government agency requires an export license or other governmental approval without first obtaining such license or approval.

Notice to U.S. Government Users: The Software and any associated documentation are "Commercial Items," as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

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CIMOM


 

CIMOM is an open source program licensed to you by Storage Networking Industry Association (SNIA) under the terms of the SNIA Open Source License found at http://www.snia.org/English/Resources/Code/OpenSource.html.  The text of the license reads as follows:

STORAGE NETWORKING INDUSTRY ASSOCIATION
                               PUBLIC LICENSE
                                 Version 1.1
                           ________________________

 1. Definitions.

      1.1 "Commercial Use" means distribution or otherwise making the Covered Code available to a
      third party.

      1.2 "Contributor" means each entity that creates or contributes to the creation of Modifications.

      1.3 "Contributor Version" means the combination of the Original Code, prior Modifications
      used by a Contributor, and the Modifications made by that particular Contributor.

      1.4 "Covered Code" means the Original Code or Modifications or the combination of the
      Original Code and Modifications, in each case including portions thereof.

      1.5 "Electronic Distribution Mechanism" means a mechanism generally accepted in the
      software development community for the electronic transfer of data.

      1.6 "Executable" means Covered Code in any form other than Source Code.

      1.7 "Initial Developer" means the individual or entity identified as the Initial Developer in the
      Source Code notice required by Exhibit A.

      1.8 "Larger Work" means a work which combines Covered Code or portions thereof with code
      not governed by the terms of this License.

      1.9 "License" means this document.

      1.10 "Licensable" means having the right to grant, to the maximum extent possible, whether at
      the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.

      1.11 "Modifications" means any addition to or deletion from the substance or structure of either
      the Original Code or any previous Modifications. When Covered Code is released as a series of
      files, a Modification is:

           A. Any addition to or deletion from the contents of a file containing Original Code or
           previous Modifications.

           B. Any new file that contains any part of the Original Code or previous Modifications.

      1.12 "Original Code" means Source Code of computer software code which is described in the
      Source Code notice required by Exhibit A as Original Code, and which, at the time of its release
      under this License is not already Covered Code governed by this License.

      1.13 "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including
      without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.

      1.14 "Source Code" means the preferred form of the Covered Code for making modifications to
      it, including all modules it contains, plus any associated interface definition files, scripts used to
      control compilation and installation of an Executable, or source code differential comparisons
      against either the Original Code or another well known, available Covered Code of the
      Contributor's choice. The Source Code can be in a compressed or archival form, provided the
      appropriate decompression or de-archiving software is widely available for no charge.

      1.15 "You" (or "Your") means an individual or a legal entity exercising rights under, and
      complying with all of the terms of, this License or a future version of this License issued under
      Section 6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is
      under common control with You. For purposes of this definition, "control" means (a) the power,
      direct or indirect, to cause the direction or management of such entity, whether by contract or
      otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding shares or
      beneficial ownership of such entity.

 2. Source Code License.

      2.1 The Initial Developer Grant. The Initial Developer hereby grants You a world-wide,
      royalty-free, non-exclusive license, subject to third party intellectual property claims:

           (a) under intellectual property rights (other than patent or trademark) Licensable by Initial
           Developer to use, reproduce, modify, display, perform, sublicense and distribute the
           Original Code (or portions thereof) with or without Modifications, and/or as part of a Larger
           Work; and

           (b) under Patents Claims infringed by the making, using or selling of Original Code, to
           make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
           Original Code (or portions thereof).

           (c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial
           Developer first distributes Original Code under the terms of this License.

           (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for code that
           You delete from the Original Code; 2) separate from the Original Code; or 3) for
           infringements caused by: i) the modification of the Original Code or ii) the combination of
           the Original Code with other software or devices.

      2.2 Contributor Grant.  Subject to third party intellectual property claims, each Contributor
      hereby grants You a world-wide, royalty-free, non-exclusive license

           (a) under intellectual property rights (other than patent or trademark) Licensable by
           Contributor, to use, reproduce, modify, display, perform, sublicense and distribute the
           Modifications created by such Contributor (or portions thereof) either on an unmodified
           basis, with other Modifications, as Covered Code and/or as part of a Larger Work; and

           (b) under Patent Claims infringed by the making, using, or selling of Modifications made
           by that Contributor either alone and/or in combination with its Contributor Version (or
           portions of such combination), to make, use, sell, offer for sale, have made, and/or
           otherwise dispose of: 1) Modifications made by that Contributor (or portions thereof); and
           2) the combination of Modifications made by that Contributor with its Contributor Version
           (or portions of such combination).

           (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor
           first makes Commercial Use of the Covered Code.

           (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code
           that Contributor has deleted from the Contributor Version; 2) separate from the Contributor
           Version; 3) for infringements caused by: i) third party modifications of Contributor Version
           or ii) the combination of Modifications made by that Contributor with other software
           (except as part of the Contributor Version) or other devices; or 4) under Patent Claims
           infringed by Covered Code in the absence of Modifications made by that Contributor.

 3. Distribution Obligations.

      3.1 Application of License. The Modifications which You create or to which You contribute are
      governed by the terms of this License, including without limitation Section 2.2. The Source Code
      version of Covered Code may be distributed only under the terms of this License or a future
      version of this License released under Section 6.1, and You must include a copy of this License
      with every copy of the Source Code You distribute. You may not offer or impose any terms on
      any Source Code version that alters or restricts the applicable version of this License or the
      recipients' rights hereunder. However, You may include an additional document offering the
      additional rights described in Section 3.5.

      3.2 Availability of Source Code. Any Modification which You create or to which You contribute
      must be made available in Source Code form under the terms of this License either on the same
      media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone
      to whom you made an Executable version available; and if made available via Electronic
      Distribution Mechanism, must remain available for at least twelve (12) months after the date it
      initially became available, or at least six (6) months after a subsequent version of that particular
      Modification has been made available to such recipients. You are responsible for ensuring that
      the Source Code version remains available even if the Electronic Distribution Mechanism is
      maintained by a third party.

      3.3 Description of Modifications. You must cause all Covered Code to which You contribute to
      contain a file documenting the changes You made to create that Covered Code and the date of
      any change. You must include a prominent statement that the Modification is derived, directly or
      indirectly, from Original Code provided by the Initial Developer and including the name of the
      Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related
      documentation in which You describe the origin or ownership of the Covered Code.

      3.4 Intellectual Property Matters.

           (a)Third Party Claims. If Contributor has actual knowledge that a license under a third
           party's intellectual property rights is required to exercise the rights granted by such
           Contributor under Sections 2.1 or 2.2, Contributor must include a text file with the Source
           Code distribution titled "LEGAL" which describes the claim and the party making the
           claim in sufficient detail that a recipient will know whom to contact. If Contributor obtains
           such knowledge after the Modification is made available as described in Section 3.2,
           Contributor shall promptly modify the LEGAL file in all copies Contributor makes available
           thereafter.

           (b)Contributor API's. If Contributor's Modifications include an application programming
           interface and Contributor has actual knowledge of patent licenses which are reasonably
           necessary to implement that API, Contributor must also include this information in the
           LEGAL file.

           (c)Representations. Contributor represents that, except as disclosed pursuant to
           Section 3.4(a) above, Contributor believes that Contributor's Modifications are
           Contributor's original creation(s) and/or Contributor has sufficient rights to grant the rights
           conveyed by this License.

      3.5 Required Notices. You must duplicate the notice in Exhibit A in each file of the Source
      Code. If it is not possible to put such notice in a particular Source Code file due to its structure,
      then You must include such notice in a location (such as a relevant directory) where a user
      would be most likely to look for such a notice. If You created one or more Modification(s) You
      may add your name as a Contributor to the notice described in Exhibit A. You must also
      duplicate this License in any documentation for the Source Code where You describe recipients'
      rights or ownership rights relating to Covered Code. You may choose to offer, and to charge a fee
      for, warranty, support, indemnity or liability obligations to one or more recipients of Covered
      Code. However, You may do so only on Your own behalf, and not on behalf of the Initial
      Developer or any Contributor. You must make it absolutely clear that any such warranty,
      support, indemnity or liability obligation is offered by You alone, and You hereby agree to
      indemnify the Initial Developer and every Contributor for any liability (excluding any liability arising
      from intellectual property claims relating to the Covered Code) incurred by the Initial Developer or
      such Contributor as a result of warranty, support, indemnity or liability terms You offer.

      3.6 Distribution of Executable Versions. You may distribute Covered Code in Executable form
      only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You
      include a notice stating that the Source Code version of the Covered Code is available under the
      terms of this License, including a description of how and where You have fulfilled the obligation of
      Section 3.2. The notice must be conspicuously included in any notice in an Executable version,
      related documentation or collateral in which You describe recipients' rights relating to the
      Covered Code. You may distribute the Executable version of Covered Code or ownership rights
      under a license of Your choice, which may contain terms different from this License, provided
      that You are in compliance with the terms of this License and that the license for the Executable
      version does not attempt to limit or alter the recipient's rights in the Source Code version from
      the rights set forth in this License. If You distribute the Executable version under a different
      license You must make it absolutely clear that any terms which differ from this License are
      offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to
      indemnify the Initial Developer and every Contributor for any liability (excluding any liability arising
      from intellectual property claims relating to the Covered Code) incurred by the Initial Developer or
      such Contributor as a result of any such terms You offer.

      3.7 Larger Works. You may create a Larger Work by combining Covered Code with other code
      not governed by the terms of this License and distribute the Larger Work as a single product. In
      such a case, You must make sure the requirements of this License are fulfilled for the Covered
      Code.

 4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with any of
 the terms of this License with respect to some or all of the Covered Code due to statute, judicial order,
 or regulation then You must: (a) comply with the terms of this License to the maximum extent possible;
 and (b) describe the limitations and the code they affect. Such description must be included in the
 LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code.
 Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed
 for a recipient of ordinary skill to be able to understand it.

 5. Application of this License. This License applies to code to which the Initial Developer has
 attached the notice in Exhibit A and to related Covered Code.

 6. Versions of the License.

      6.1 New Versions. The Storage Networking Industry Association (the "SNIA") may publish
      revised and/or new versions of the License from time to time. Each version will be given a
      distinguishing version number.

      6.2 Effect of New Versions. Once Covered Code has been published under a particular version
      of the License, You may always continue to use it under the terms of that version. You may also
      choose to use such Covered Code under the terms of any subsequent version of the License
      published by the SNIA. No one other than the SNIA has the right to modify the terms applicable
      to Covered Code created under this License.

      6.3 Derivative Works. If You create or use a modified version of this License (which you may
      only do in order to apply it to code which is not already Covered Code governed by this License),
      You must (a) rename Your license so that the phrases "Storage Networking Industry
      Association," "SNIA," or any confusingly similar phrase do not appear in your license (except to
      note that your license differs from this License) and (b) otherwise make it clear that Your version
      of the license contains terms which differ from the SNIA Public License. (Filling in the name of
      the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of
      themselves be deemed to be modifications of this License.)

 7. DISCLAIMER OF WARRANTY. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN  "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,  INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF  DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE  ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU.   SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL  DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

 8. TERMINATION.

      8.1 This License and the rights granted hereunder will terminate automatically if You fail to
      comply with terms herein and fail to cure such breach within a reasonable time after becoming
      aware of the breach. All sublicenses to the Covered Code which are properly granted shall
      survive any termination of this License. Provisions which, by their nature, must remain in effect
      beyond the termination of this License shall survive.

      8.2 If You initiate litigation by asserting a patent infringement claim (excluding declaratory
      judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor
      against whom You file such action is referred to as "Participant") alleging that:

           (a) such Participant's Contributor Version directly or indirectly infringes any patent, then
           any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this
           License shall, upon 60 days notice from Participant terminate prospectively, unless if
           within 60 days after receipt of notice You either: (i) agree in writing to pay Participant a
           mutually agreeable reasonable royalty for Your past and future use of Modifications made
           by such Participant, or (ii) withdraw Your litigation claim with respect to the Contributor
           Version against such Participant. If within 60 days of notice, a reasonable royalty and
           payment arrangement are not mutually agreed upon in writing by the parties or the
           litigation claim is not withdrawn, the rights granted by Participant to You under Sections
           2.1 and/or 2.2 automatically terminate at the expiration of the 60 day notice period
           specified above.

      8.3 If You assert a patent infringement claim against Participant alleging that such Participant's
      Contributor Version directly or indirectly infringes any patent where such claim is resolved (such
      as by license or settlement) prior to the initiation of patent infringement litigation, then the
      reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
      taken into account in determining the amount or value of any payment or license.

      8.4 In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements
      (excluding distributors and resellers) which have been validly granted by You or any distributor
      hereunder prior to termination shall survive termination.

 9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

 10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term is
 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
 computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
 Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
 Government End Users acquire Covered Code with only those rights set forth herein.

 11. MISCELLANEOUS This License represents the complete agreement concerning subject matter
 hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only
 to the extent necessary to make it enforceable. This License shall be governed by California law
 provisions (except to the extent applicable law, if any, provides otherwise), excluding its conflict-of-law
 provisions. The application of the United Nations Convention on Contracts for the International Sale of
 Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall
 be construed against the drafter shall not apply to this License.

 12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of its utilization of rights under
 this License and You agree to work with Initial Developer and Contributors to distribute such
 responsibility on an equitable basis. Nothing herein is intended or shall be deemed to constitute any
 admission of liability.

 13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered Code as
 "Multiple-Licensed". "Multiple-Licensed" means that the Initial Developer permits you to utilize portions
 of the Covered Code under Your choice of this License or the alternative licenses, if any, specified by
 the Initial Developer in the file described in Exhibit A.

 14. ACCEPTANCE. This License is accepted by You if You retain, use, or distribute the Covered Code
 for any purpose.

 EXHIBIT A -The SNIA Public License.

           The contents of this file are subject to the SNIA Public License Version 1.0 (the
           "License"); you may not use this file except in compliance with the License. You may
           obtain a copy of the License at

           /http://www.snia.org/English/Resources/Code/OpenSource.html

           Software distributed under the License is distributed on an "AS IS" basis, WITHOUT
           WARRANTY OF ANY KIND, either express or implied. See the License for the specific
           language governing rights and limitations under the License.