WEBSPHERE STUDIO WORKBENCH V 2.0.3 LICENSE AGREEMENT (“AGREEMENT”)
BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE, DOCUMENTATION AND/OR OTHER MATERIALS RELATED TO WEBSPHERE STUDIO WORKBENCH VERSION 2.0.3 (COLLECTIVELY “PROGRAM”), YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. REGARDLESS OF HOW YOU ACQUIRE THE PROGRAM (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE), DOWNLOADING, INSTALLING OR USING THE PROGRAM WILL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
THE PROGRAM IS ALSO ACCOMPANIED BY CERTAIN THIRD PARTY CODE THAT IS NOT GOVERNED BY THIS AGREEMENT. THE TERMS AND CONDITIONS ASSOCIATED WITH SUCH THIRD PARTY CODE IS CONTAINED IN THE “ABOUT.HTML” FILE FOR THAT CODE OR OTHER REFERENCED FILE. YOUR USE OF SUCH THIRD PARTY CODE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS ASSOCIATED WITH SUCH THIRD PARTY CODE. SUCH THIRD PARTY IS IDENTIFIED BELOW IN THE SECTION ENTITLED “THIRD PARTY CODE.”
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT DOWNLOAD OR USE THE PROGRAM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS ASSOCIATED WITH THE THIRD PARTY CODE, YOU MAY NOT USE SUCH THIRD PARTY CODE.
· For the purposes of this Agreement, the following definitions shall apply:
“Extensions” shall mean tools and/or utilities that are developed to: (a) interoperate with and be compatible with the Program, (b) extend the functionality of the Program and (c) enable the creation of software programs.
“Re-distributable
Components” of the Program shall mean those components of the Program
designated in Attachment 1 to this Agreement.
“Offering”
shall mean a product that: (a) contains Extensions, (b) contains the
Re-distributable Components as required by Attachment 1, (c) contains significant added functionality
over that of the Re-distributable Components, and (d) is not marketed as a
functionally equivalent substitute for the Program.
· Subject to the terms and conditions of this Agreement including, but not limited to, those contained in Attachment 1, International Business Machines Corporation (“IBM”), grants You (an individual or an entity) a non-exclusive, non-transferable, royalty free license to internally: reproduce and use the Program for the sole purposes of developing and supporting Extensions and Offerings. All copies that you make must bear the same legends and notices that appear on the original Program.
· Subject to the terms and conditions of this Agreement including, but not limited to, those contained in Attachment 1, IBM grants You a non-exclusive, non-transferable, royalty free license to modify (but only those Re-distributable Components specifically identified in Attachment 1 as being subject to modification), reproduce, distribute and sublicense the Re-distributable Components of the Program only as part of an Extension and/or Offering provided that: (a) the Re-distributable Components are distributed as part of an Extension and/or Offering distributed pursuant to a license agreement that is consistent with the terms and conditions of this Agreement and is at least as protective of IBM’s rights in the Re-distributable Components as are contained in this Agreement; (b) such license agreement includes the applicable licenses, notices and other information as required by this Agreement and/or the terms and conditions associated with Third Party Code; (c) You do not make any statements that state or imply that the performance of the Offering or Extensions including, without limitation, the Re-distributable Components, are guaranteed or endorsed by IBM unless IBM authorizes You to make such a statement in a separate written agreement; (d) You do not remove any of the copyright statements contained in the Re-distributable Components; (e) the packaging of the Extension and/or Offering makes it clear that the Offering is not an IBM offering or product; this includes, but is not limited to, replacing the splash screen provided with the Program and adding an install configuration for the Extensions; (f) the attribution "Powered by Eclipse Technology" is included on at least the splash screen of the Offering; (g) the end-user documentation included with the Offering, if any, includes the following acknowledgment: "This product includes software developed by the Eclipse Project (http://www.eclipse.org/)."; (h) You use reasonable efforts to ensure that the Extensions are compatible with the Program and that the Extensions and Offering(s) have been tested under reasonable usage scenarios; (i) You do not authorize further distribution of the Program or any components thereof by end-users of the Extensions or Offerings; (j) the Extensions and/or Offering(s) do not degrade, overload, stress, override, inhibit, or otherwise defeat the behavior of the Program or any component thereof; and (k) You agree to defend, indemnify, and hold harmless IBM, its subsidiaries and its and their suppliers from and against any claims, lawsuits, demands, liabilities, damages, costs and expenses including, without limitation, attorney fees, in any way related to, or connected with, the Offering(s) and/or Extensions including, without limitation, the Re-distributable Components.
·
To
the extent IBM provides You with error corrections, upgrades, enhancements,
additions, improvements, extension or other modifications to the Program
(”collectively “Updates”), such Updates shall be subject to the terms and
conditions of this Agreement unless IBM notifies You otherwise. You agree to incorporate the most recent
Updates delivered or made available to You by IBM, if any, into all subsequent
versions of Your Extensions and Offerings; provided, however,
that You shall have no obligation to incorporate any such Update in a version
of Your Offering that is released within ninety (90) days of IBM’s release of
the Update.
· You may not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code of any component of the Program that is provided in object code, byte code, or executable code form only, except as permitted by law without the possibility of contractual waiver. In addition, unless otherwise specified in this Agreement or in any other license agreement identified or referenced below, You may not reproduce, prepare derivative works of, display, perform, rent, lease, sell, license, sublicense, assign, distribute or otherwise transfer the Program or any components thereof. Except as expressly provided for in Attachment 1, You may not remove, cover, or alter any of the proprietary notices, labels or marks in or on the Program, its components, or associated media or documentation.
· You may not export the Program, or components of the Program, in contravention of applicable export control laws.
· You agree that any information or feedback you may provide to IBM related to the Program or this Agreement is non-confidential and You grant IBM and its suppliers a non-exclusive, worldwide, fully paid up, perpetual and irrevocable license to use this information/feedback in IBM’s and its suppliers’ business activities without restriction and without payment or accounting to You or any third party. Such right includes the right of IBM to sublicense these rights to others including, without limitation, users of the Program.
· Subject to IBM’s and its suppliers’ ownership and intellectual property rights including, without limitation, those related to the Program, You shall own all right, title and interest in any Offerings and Extensions developed by You using the Program. You acknowledge that under this Agreement You obtain only the rights to the Program and components thereof as expressly stated herein or in any other license agreement identified or referenced below whether or not they are incorporated as part of any Offering and/or Extensions developed by You pursuant to the terms and conditions of this Agreement. No right, title or interest in or to any copyrights, trademarks, patents or other proprietary or intellectual rights relating to the Program is transferred to You. You expressly acknowledge that all intellectual property rights in and to the Program are owned by IBM or its suppliers and are protected by United States and other applicable copyright laws and international treaty provisions. IBM and its suppliers retain all rights not expressly granted in this Agreement or in a license agreement identified or referenced below.
· You agree to provide IBM with a copy of the Offerings and Extensions. With respect to such Offerings and Extensions, You grant to IBM and its subsidiaries a non-exclusive, non-transferable, worldwide, royalty free right to internally: use, execute, reproduce, display, perform and distribute the Offerings and Extensions for the purpose of evaluation and testing. Such right includes the right of IBM and its subsidiaries to authorize third parties to do any some or all of the foregoing on IBM’s behalf.
2. TERM AND TERMINATION:
You may terminate this Agreement and your license to the Program at any time. Upon termination of this Agreement, you must destroy all your copies of the Programs, including any partial copies. IBM may terminate your license if you fail to comply with the terms of this Agreement.
3. NOTICES AND DISCLAIMERS OF WARRANTY AND LIABILITY:
This Program is based on code licensed by IBM under the Common Public License (“CPL”) from Eclipse.org. The disclaimers of warranties/conditions and all disclaimers/limitations of liability contained in this Agreement are also intended to apply to all Contributors as defined in the CPL. Such Contributors are intended third party beneficiaries of all warranty/liability disclaimers and limitations contained in this Agreement. Any provisions in this Agreement that differ from the CPL are offered by IBM alone and not by any other party including, without limitation, any Contributor. The source code licensed from Eclipse.org is included with this Program and its use is governed by the terms and conditions of the CPL, and not this Agreement. The Program also includes GEF and XSD source code. Use of the GEF and XSD source code is governed by the terms and conditions of this Agreement, and not the CPL.
Notwithstanding anything to
the contrary in this Agreement, IBM has no obligation to provide maintenance,
end-user support, technical support or Updates for the Program. You shall be responsible for any and all
maintenance, end-user support and technical support with respect to Offerings
and Extensions. Support for the Program
may be available from IBM under a separate support agreement. IBM does not warrant or guarantee that the
operability of any Extension or Offering running with the Program will be
maintained with any subsequent or generally available versions of the Program.
THE PROGRAM AND ANY SUPPORT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM AND SUPPORT REMAINS WITH YOU. IN NO EVENT WILL IBM OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, LOST DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF IBM OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN ADDITION IBM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.
Some jurisdictions do not allow the exclusion of implied warranties, or the limitation for consequential damages, so the above may not apply to you.
Note to U.S. Government Users - Documentation related to Restricted Rights - Use, duplication, or disclosure is subject to restrictions set forth in GSA ADP Schedule Contract with IBM Corporation.
Although IBM may try to answer technical support questions You may have regarding Your use of the Program, any such assistance does not obligate IBM to provide support or maintenance services for the Program.
4. GENERAL:
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York U.S.A. without regard to its principles regarding conflicts of law. All terms and conditions which by their nature should survive the termination or expiration of this Agreement, shall survive. If any provision, in whole or in part, of this Agreement is declared unenforceable at law, the rest of the provision and the Agreement remain in effect. This Agreement is the only understanding and agreement we have with respect to the Program. It supersedes all other communications, understandings or agreements (oral or written) that we may have had with respect to this Program prior to this Agreement. Only a written agreement signed by both of us can modify this Agreement.
5. THIRD PARTY OR OTHER CODE
THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES PROVISIONS CONTAINED IN THIS AGREEMENT SHALL CONTINUE TO APPLY TO YOU AND IBM WITH RESPECT TO THIRD PARTY CODE.
Third Party or Other Code may be distributed with the Program. Any such Third Party or Other Code is included for Your convenience, but is not considered part of the Program. The Third Party or Other Code is identified below.
Ant Optional Tasks 1.4.1
Tomcat 4.0.3
JUnit 3.7
XML4J 4.0.7
Lucene 1.2 Release Candidate 4
Open Motif for Linux 2.1.30 Release 4
Java Ssh Applet
GTK+ BindingsEclipse.org source code.
HP-UX Runtime Environment for
the Java 2 Platform , version 1.3.1.05
The terms and conditions associated with the use of such Third Party or Other Code, except for the HP-UX Run Time Environment for the Java 2 Platform, are contained in the associated “about.html”, and these terms, and not this Agreement, govern the use of any such code. You may find the “about.html” files in the directories associated with the applicable Third Party or Other Code. By using or not uninstalling such Third Party or Other Code after the initial installation of such Third Party or Other Code (thereby giving you access to the applicable terms and conditions), You are agreeing to such terms and conditions. You must review and agree to any updated “about.html” files that accompany Updates to the Program. The terms and conditions associated with the use of the HP-UX Runtime Environment for the Java 2 Platform are included in the “/jre” directory on HP-UX.
ATTACHMENT 1 – RE-DISTRIBUTABLE COMPONENTS
This Attachment 1 sets forth the components of the Program You may reproduce, distribute and sublicense with an Extension and/or Offering in accordance with the terms and conditions of the Agreement, including those contained in this Attachment, and the changes you must make to add your Offering or Extension branding.
RE-DISTRIBUTABLE COMPONENTS
The entire Program may be
redistributed after making two changes:
(1) You must remove the Program-specific license file (\eclipse\license.html). You may add an appropriate license for your Program-based product as required by the Agreement.
(2) You must supply an appropriate launch point branding and use it when starting your Offering. This will require that you identify your branding contribution by altering the file \eclipse\install\install.ini or using the –feature option in your shortcut for or call to the eclipse.exe.
The " Packaging and delivering Eclipse based products" topic in the Platform Plugin Developers Guide included in the Program help system provides detailed guidance for packaging an Offering based on the Program.
PLUG-IN AND CONFIGURATION NAMING RULES
All plug-ins and configurations (and their corresponding directories) must have unique identifiers following the same naming pattern as Java packages. For example, workbench plug-ins are named org.eclipse.ui[.*]. The plug-in and configuration namespace is managed hierarchically; You must not include a plug-in or configuration without prior approval from the owner of the enclosing namespace. Specifically, You must not create plug-ins or configurations with a name beginning with “org.eclipse”.