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<h2>About This Content</h2>
<p>June 25, 2008</p>
<h3>License</h3>
<p>The Eclipse Foundation makes available all content in this plug-in ("Content"). Unless otherwise
indicated below, the Content is provided to you under the terms and conditions of the
Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is available
at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>.
For purposes of the EPL, "Program" will mean the Content.</p>
<p>If you did not receive this Content directly from the Eclipse Foundation, the Content is
being redistributed by another party ("Redistributor") and different terms and conditions may
apply to your use of any object code in the Content. Check the Redistributor's license that was
provided with the Content. If no such license exists, contact the Redistributor. Unless otherwise
indicated below, the terms and conditions of the EPL still apply to any source code in the Content
and such source code may be obtained at <a href="http://www.eclipse.org">http://www.eclipse.org</a>.</p>
<h3>Third Party Content</h3>
<p>The Content includes items that have been sourced from third parties as set out below. If you
did not receive this Content directly from the Eclipse Foundation, the following is provided
for informational purposes only, and you should look to the Redistributor's license for
terms and conditions of use.</p>
<h3>ActiveMQ JMS API v3.1M5</h3>
<p>This plugin is based on software developed by Apache ActiveMQ project team at
<a href="http://activemq.apache.org/">http://activemq.apache.org/</a>.
A copy of this library is distributed within this plugin and
therefore this plugin is subject to the Apache License version 2.0, a copy of the license is contained
in the file <a href="asl-v20.txt">asl-v20.txt</a> and
at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>.
</p>
<p>
More specifically:</p>
<p></p>
<pre>
Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/
TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION
1. Definitions.
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</pre>
<h3>BEA Systems Weblogic 10.0 JMS Thin Client</h3>
<p>This plugin is based on software developed by BEA Systems</a>.
A copy of this library is distributed within this plugin and
therefore this plugin is subject to the BEA SYSTEMS, INC. SOFTWARE LICENSE
AGREEMENT below</a>.
</p>
<p align="center"><strong>BEA SYSTEMS, INC. SOFTWARE LICENSE
AGREEMENT</strong></p>
<p>USE OF SOFTWARE ORDERED FROM BEA SYSTEMS, INC. (“BEA”) IS
PROVIDED
ONLY UNDER LICENSE FROM BEA. PLEASE READ THE FOLLOWING LICENSE,
INCLUDING SUPPLEMENTAL
TERMS AT THE END, IF ANY, CAREFULLY AND INDICATE YOUR ACCEPTANCE BY
CLICKING
THE ACCEPTANCE BOX. CERTAIN CAPITALIZED TERMS ARE DEFINED IN SECTION
11. </p>
<p>1. LICENSE TERMS </p>
<p>a. WebLogic SDK
Use. The
terms of this Section 1(a) are applicable to you if you have
registered as
a WebLogic SDK customer. Subject to the terms of this Agreement, BEA
grants
to you a non-exclusive, non-transferable, royalty-free license to use
WebLogic
SDK solely for Personal Use for the number of users and/or developers
and the
number of CPU’s, Servers and/or at the Sites, as specified at
the time
of registration. Third party software products or modules supplied by
BEA,
if any, may be used solely with the Software. All rights not
specifically granted
to you herein are retained by BEA.</p>
<p> </p>
<p>b. Evaluation
Use. The
terms of this Section 1(b)are applicable to you if you have registered
as an
Evaluation Use customer. Subject to the terms of this Agreement, BEA
grants
to you a non-exclusive, non-transferable, license to use the Software
solely
for Evaluation Use. Third party software products or modules supplied
by BEA,
if any, may be used solely with the Software, and may be subject to
your acceptance
of terms and conditions provided by such third parties. This license
begins
upon downloading and ends if and when terminated by BEA in accordance
with
this Agreement. When the license terminates you must stop using the
Software. All
rights not specifically granted to you herein are retained by
BEA. Note
that not all Software is available for Evaluation Use. Your
Evaluation
Use license shall terminate on the earlier of: (i) the license key
provided
by BEA expiring or ceasing to function; (ii) at any time upon notice
from BEA;
or (iii) the expiration date indicated in any related
BEA quotation
or order document.</p>
<p>c. Development Use.
The terms
of this Section 1(c) are applicable to you if you have registered as a
Development
Use customer. Subject to the terms of this Agreement, BEA grants to
you a non-exclusive,
non-transferable, fee-bearing license to use the Software solely for
Development
Use for the number of users and the number of CPU’s, Servers
and/or at
the Sites, as specified on BEA’s invoice. Third party software
products
or modules supplied by BEA, if any, may be used solely with the
Software. All
rights not specifically granted to you herein are retained by BEA.
</p>
<p>d. Production Use.
The terms
of this Section 1(d) are applicable to you if you have registered as a
Production
Use customer. Subject to the terms of this Agreement, BEA grants to
you a non-exclusive,
non-transferable, fee-bearing license to use the Software solely for
Production
Use on the number of CPU’s, Servers and/or at the
Sites, as
specified on BEA’s invoice. Third party software products or
modules
supplied by BEA, if any, may be used solely with the Software.
If you
integrate the Software into an application and intend to resell the
resulting
integrated application you must contact BEA to obtain the appropriate
distribution
license. All rights not specifically granted to you herein are
retained by
BEA. </p>
<p>e. Restrictions on
Use. Whether
the Software is being licensed for WebLogic SDK Use, Evaluation Use,
Development
Use or Production Use, you may not reverse engineer, decompile or
disassemble
and you may not otherwise attempt to determine source code or
protocols from
the Software and you may not disclose the results of software
performance benchmarks
to any third party without BEA’s prior written consent.
You may
not alter, modify or otherwise manipulate WebLogic SDK, or the
applicable license
key, or attempt to do any of the foregoing, in order to use WebLogic
SDK other
than in Development Use or in Scale-Limited mode. Additional
restrictions,
if any, with respect to third party software or BEA software will be
delivered
to you along with your license key. You are forbidden from using
Evaluation
Use Software for Production Use or Development Use. You are
forbidden
from using Evaluation Use or Development Use Software for Production
Use. You
may not lease, rent, resell or sublicense the Software to any third
party,
or otherwise use it except as permitted in this
Agreement. You
may only deploy one instance of portal search, including IDOL server,
HTTP
Search, AutoIndexer and ODBC Search, per instance or implementation of
BEA
WebLogic Portal. In addition to the 1 production instance of the IDOL
server,
HTTP Fetch, AutoIndexer and ODBC Fetch components, BEA WebLogic Portal
customers
may deploy 1 instance for testing and 1 instance for hot
backup/failover (which
may only go live in the event that the machine running the production
instance
goes down). Use of the TIBCO Rendezvous Control and Event
Generator included
with BEA WebLogic Integration in no manner confers or grants any right
or license
to use TIBCO Rendezvous including “dynamic
libraries”. In
order to use such TIBCO products, you must obtain a valid license from
TIBCO. Your
use BEA Workshop for WebLogic is limited to use with BEA WebLogic
Server only. Use
of BEA Workshop for WebLogic with any other application server is
prohibited
and shall constitute a material breach of this
agreement. <br>
<strong></strong><br>
f. Ownership
Rights.
You may modify the Software in accordance with the Documentation
solely to
allow for interoperability with your internal MIS system. Such
modifications
shall not be derivative works, nor shall you create or attempt to
create any
derivative works from the Software. Title, ownership rights and all
intellectual
property rights in and to the Software shall remain the sole and
exclusive
property of BEA.</p>
<p>g. Copies and Number
of Users. The
terms of this Section 1(f) are applicable to you if you are a
Development Use
customer or Production Use customer. You may make a reasonable number
of copies
of the Software and Documentation (provided that all copyright and
other proprietary
notices of BEA and its licensors are reproduced), solely for archival
purposes.
If you do copy for this purpose, you will preserve any proprietary
rights notices
on the Software and place such notices on any and all copies you made
or make. If
you would like to change the number of Users, or number or
identity of
Sites, CPU’s and/or Servers indicated on your invoice, you must
contact
BEA in writing for our approval; you may be subject to additional
fees. </p>
<p>h. Territory.
The license
grants hereunder are limited to use within the Territory.</p>
<p>i. Audit.
BEA
may, at any time with seven (7) days prior written notice, request and
gain
access to your premises subject to your security procedures, for the
limited
purpose of conducting an audit to determine and verify that you are in
compliance
with these terms and conditions. You will promptly grant such
access
and cooperate with BEA in the audit. The Audit will be conducted
in a
manner not intended to unreasonably disrupt your business and will be
restricted
in scope, manner and duration to that reasonably necessary to achieve
its purpose. You
will be liable for promptly remedying discrepancies revealed during
the audit,
including reimbursement to BEA for the costs of the Audit and any
underpayments.</p>
<p>2. LICENSE FEES. </p>
<p>a. Payment and
Taxes. In
consideration of the applicable license(s) granted pursuant to
Sections 1(b),
1(d) or 1(e), you agree to pay BEA the total non-refundable and
non-cancelable
license fee(s) within thirty (30) da’s of BEA's invoice. You
will pay
all sales, use, VAT and other consumption taxes, personal property
taxes and
other taxes (other than those based on BEA’s net income) unless
you furnish
BEA with written proof of exemption. BEA may assess interest
charges
of one percent (1%) per month for late payments.</p>
<p>b. Foreign
Taxes. If
you download and/or use the Software outside the United States, you
agree that
the amounts to be remitted to BEA are to be the actual amounts due
without
withholding taxes or other assessments by authorities anywhere in the
foreign
location, which withholding taxes or assessments you agree to pay. You
will
promptly furnish BEA with certificates evidencing payment of such
amounts. </p>
<p>3. SUPPORT SERVICES
</p>
<p>You must purchase annual Support Services from BEA in order to
qualify for
the Support Services described in detail at <a
href="http://www.bea.com/support/programs.html">http://www.bea.com/suppo
rt/programs.html</a>.<br>
.</p>
<p>a. Support Services.
Support
Services generally means that BEA will provide: (i) Maintenance
Updates and
Upgrades (“Maintenance Releases”) if, as and when BEA
makes any
such Maintenance Releases generally available and (ii)
helpdesk assistance
with respect to the Software, including (a) clarification of functions
and
features; (b) clarification of documentation; (c) guidance in
the operation
of the Software; and (d) Software error analysis. BEA will use
reasonable efforts
to provide error corrections or work-arounds for the most severe
errors as
soon as possible and based upon BEA’s classification of the
severity
of the error. Support Services will be provided only with respect to
versions
of the Software that, in accordance with BEA policy, are then being
supported
by BEA. </p>
<p>b. Your
Responsibilities.
You agree to provide BEA with reasonable access to your personnel and
equipment,
if necessary, during normal business hours in order to provide Support
Services.
You agree to document and promptly report all errors or malfunctions
of the
Software to BEA. You agree to pay the Support Services
fees when
due, and if you do not do so within thirty (30) days after any such
amount
becomes due, BEA may suspend performance of its Support Services
obligations.</p>
<p>4. LIMITED WARRANTY </p>
<p>a. Limited Warranty.
With
respect to the Software licensed for a fee for Development Use or
Production
Use, BEA warrants that the Software will conform in all material
respects to
the Documentation for a period of ninety (90) days from the date of
delivery
of the Software. BEA does not warrant that operation of the
Software
will be uninterrupted or “bug” free. If BEA
breaches the
foregoing warranty and you promptly notify BEA in writing of the
nature of
the breach, BEA shall make commercially reasonable efforts to promptly
repair
or replace the non-conforming Software, without charge. If,
after a reasonable
opportunity to cure, BEA does not repair or replace the non-conforming
Software,
you must return the Software and the Documentation to BEA, or certify
in writing
that all copies have been destroyed, and BEA will refund the fees it
received
for the Software to you. This is your sole and exclusive remedy
for breach
of the exclusive warranty set forth above </p>
<p>b. Disclaimer. THE
FOREGOING
WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED,
INLCUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS
FOR A
PARTICULAR PURPOSE. </p>
<p>5. LIMITATION OF
LIABILITY </p>
<p>a. Evaluation Use;
WebLogic
SDK Use. Evaluation Use Software and WebLogic SDK are provided
gratuitously
and, therefore, BEA and its suppliers shall not be liable for any
direct, indirect,
incidental, special, punitive or consequential damages under any
theory of
liability whether in tort, contract, strict liability or otherwise
even if
advised of the possibility of such damages. </p>
<p>b. Development Use
and Production
Use. With respect to Development Use and Production Use,
BEA’s
aggregate liability to you for damages concerning performance or
nonperformance
by BEA or in any way related to this Agreement, and regardless of
whether the
claim for such damages is based in contract, tort, strict liability of
otherwise,
shall not exceed the license fees received by BEA for the affected
Software
for the twelve (12) month period preceding the occurrence of such
liability.
In no event shall BEA be liable for any indirect, incidental, special,
punitive
or consequential damages, lost data or lost profits, even if BEA has
been advised
as to the possibility of such damages.</p>
<p>c.
Applicability. Some
States do not permit disclaimers of certain warranties or limitations
on certain
types of liability under certain circumstances; consequently, some of
the foregoing
disclaimers and limitations may not be applicable to you, in whole or
in part. </p>
<p>6. SOFTWARE CHANGES. </p>
<p>BEA reserves the right at any time not to release or to discontinue
release
of any Software and to alter prices, features, specifications,
capabilities,
functions, licensing terms, release dates, general availability or
other characteristics
of the Software. </p>
<p>7. INTELLECTUAL
PROPERTY
INDEMNIFICATION. </p>
<p>a. Defense. If a
third party
claims that your use of the Software infringes any United States
copyright,
you must promptly notify BEA in writing. BEA will defend you
against
such claim if you fully cooperate with BEA and allow BEA to control
the defense
and all related settlement negotiations, and then BEA will indemnify
you from
and against any damages finally awarded for such infringement.</p>
<p>Injunctive Relief. If an injunction is sought or obtained
against your
use of the Software as a result of a third party infringement claim,
BEA may,
at its sole option and expense, (i) procure for you the right to
continue using
the affected Software, (ii) replace or modify the affected Software
with functionally
equivalent software so that it does not infringe, or, if either (i) of
(ii)
is not commercially feasible, (iii) terminate the licenses and refund
the license
fees received for the affected Software on a pro rata basis using a
thirty
six (36) month amortization schedule.</p>
<p>c. Disclaimer of
Liability. BEA
shall have no liability for any third party claim of infringement
based upon
(i) use of other than the then current, unaltered version of the
applicable
Software, unless the infringing portion is also in the then current,
unaltered
release; (ii) use, operation or combination of the applicable Software
with
non-BEA programs, data, equipment or documentation if such
infringement would
have been avoided but for such use, operation or combination; or (iii)
any
third party software. The foregoing constitutes the entire
liability
of BEA, and your sole and exclusive remedy with respect to any third
party
claims of infringement. </p>
<p>8. TERM AND TERMINATION.
</p>
<p>a. Acceptance of
Agreement;
Termination. This Agreement takes effect upon the earlier of (i)
your
electronic indication of your selection of the ACCEPTANCE button at
the end
of this License Agreement, (ii) your downloading of the Software,
(iii) your
use of the Software, or (iv) receipt by BEA of a valid, binding
purchase order,
Agreement or other ordering document for the Software, and will remain
in force
until terminated in accordance with this Agreement. This
Agreement may
be terminated by you upon thirty ’30) days' prior written notice
to BEA
or by destroying or returning to BEA all copies and partial
copies of
the Software and Documentation under your control; provided that no
such termination
will entitle you to a refund of any portion of the License or Support
Services
Fees. BEA may, by written notice to you, terminate this Agreement
immediately
if any of the following events occur: (a) you fail to pay any amount
due to
BEA within thirty (30) days after BEA gives you written notice of such
nonpayment; (b)
you are in material breach of any non-monetary provision of this
Agreement,
which breach, if capable of being cured, is not cured within thirty
(30) days
after BEA gives you written notice thereof, or (c) you declare
bankruptcy or
make an assignment to or for the benefit of creditors.</p>
<p>b.
Survival. Upon
termination of this Agreement for non-default, the provisions of
Sections 1,
2, 4(b), 5, 7(c), 8, 10 and 11 will survive. Upon termination
of this
Agreement for default, the provisions of Sections 1(f), 1(g), 1(j), 2,
4(b),
5, 7(c), 8, 9, 10 and 11 will survive.</p>
<p>c. Effect of
Termination.
Within thirty (30) days after the date of termination or
discontinuance of
this Agreement for any reason whatsoever, you shall destroy the
Software and
all copies, in whole or in part, all Documentation relating thereto,
and any
other BEA confidential information in your possession that is in
tangible form. </p>
<p>9. UNITED STATES
GOVERNMENT RIGHTS. </p>
<p>The Software provided under this Agreement is commercial computer
software
developed exclusively at private expense, and in all respects are
proprietary
data belonging solely to BEA. </p>
<p>a. Department of
Defense End
Users: If the Software is acquired by or on behalf of agencies or
units of
the Department of Defense (DOD), then, pursuant to DoD FAR Supplement
Section
227.7202 and its successors (48 C.F.R. 227.7202) the Government's
right to
use, reproduce or disclose the Software and any accompanying
documentation
acquired under this Agreement is subject to the restrictions of this
Agreement. </p>
<p>b. Civilian Agency
End Users:
If the Software is acquired by or on behalf of civilian agencies of
the United
States Government, then, pursuant to FAR Section 12.212 and its
successors
(48 C.F.R. 12.212), the Government's right to use, reproduce or
disclose the
Software acquired under this Agreement is subject to the restrictions
of this
Agre. </p>
<p>10. MISCELLANEOUS. </p>
<p>a. Force
Majeure. Neither
party shall be liable for any delay or failure in performance due to
causes
beyond its reasonable control. </p>
<p>b. Export Compliance.
You
may not download or otherwise export or re-export the Software or any
underlying
information or technology except in full compliance with all United
States
and other applicable laws and regulations. In particular, but without
limitation,
none of the Software or underlying information or technology may be
downloaded
or otherwise exported or re-exported (a) into (or to a national or
resident
of) Cuba, Iran, North Korea, Syria, or Sudan, or (b) to anyone on the
US Treasury
Department's list of Specially Designated Nationals or the US Commerce
Department's
Table of Denial Orders. By licensing the Software, you are agreeing to
the
foregoing and you are representing and warranting that you are not
located
in, under control of, or a national or resident of any such country or
on any
such list.</p>
<p>c. Assignment. You
may not
assign this Agreement without BEA’s prior written <br>
consent.</p>
<p>d.
Severability. If
any part of this Agreement is held to be unenforceable, in whole or in
part,
such holding will not affect the validity of the other parts of the
Agreement.</p>
<p>e. Waiver. The
waiver
of a breach of any provision of this Agreement will not operate or be
interpreted
as a waiver of any other or subsequent<br>
breach.</p>
<p>f.
Notices. All
notices permitted or required under this Agreement shall be in writing
and
shall be delivered in person, by FAX, overnight courier service or
mailed by
first class, registered or certified mail, postage prepaid, to the
address
of the party specified as accepting these terms and conditions upon
completion
of the registration sheet and ACCEPTANCE of this Agreement by clicking
on the
ACCEPTANCE<br>
button.</p>
<p>g. Governing Law and
Venue. Notwithstanding
the Territory, this Agreement will be governed by both the substantive
and
procedural laws of California, U.S.A., excluding its conflict of law
rules.
Any dispute regarding this Agreement will be heard in the state or
federal
courts having jurisdiction in Santa Clara County, California, U.S.A.
and you
agree that you shall be subject to the personal jurisdiction of such
<br>
courts. </p>
<p>h. Entire
Agreement. Any
amendment or modification to the Agreement must be in writing signed
by both
parties. This Agreement constitutes the entire agreement and
supersedes
all prior or contemporaneous oral or written agreements regarding the
subject
matter hereof. No terms, provisions or conditions of any purchase
order, acknowledgment
or other business form that you may use in connection with the
licensing of
the Software will have any effect on the rights, duties or obligations
of the
parties hereunder, or otherwise modify this Agreement, regardless of
any failure
of BEA to object to such terms, provisions or conditions.</p>
<p>i.
Acceptance. The
earlier of your (i) clicking on the ACCEPTANCE button, (ii)
downloading of
the Software, (iii) use of the Software or (iv) receipt by BEA of a
valid,
binding purchase order, Agreement or other ordering document for the
Software,
constitutes an acceptance of the terms of this Agreement. If you do
not agree
to be bound by these provisions, you are required to destroy all
copies of
the Software from your equipment immediately. </p>
<p>11. DEFINITIONS. </p>
<p> </p>
<p>a.
“Development Use" means
use of the Software by a Development Use customer to design, develop
and/or
test new applications for Production Use.</p>
<p>b.
"Documentation" means
BEA’s current user manuals, operating instructions and
installation guides
generally provided with the Software to its licensees. </p>
<p>c.
“Error” means
a failure of the Software to conform to the specifications as set
forth in
the Documentation, resulting in the inability to use the Software or a
material
restriction in use of the Software.</p>
<p>d. “Evaluation
Use” means
use of the Software solely for evaluation and trial for new
applications intended
to be run on or in conjunction with Production Use Software.</p>
<p>e. “Personal
Use” is
Development Use that is personal and non-commercial in nature. A
use
is non-commercial if Customer does not directly or indirectly use
Software
to operate a commercial enterprise, engage in commercial transactions
or otherwise
for pecuniary gain. While an academic institution may not make
Personal
Use of Software, individual students may qualify as Personal Use
users.</p>
<p>f.
“Maintenance
Release” means a subsequent version of the Software that
includes Updates
and/or Upgrades.</p>
<p>g.
“Multi-instance Configuration” means
operating multiple instances of Software concurrently where more than
one instance
is accessible from a single network address, regardless of the
technology used
to create such a configuration. Multi-instance Configuration includes,
but
is not limited to, multiple instances of Software running on the same
physical
computer, as well as all clustered configurations</p>
<p>h. "Production
Use" means
using the Software in your application for internal business purposes
only
which may include third party customers’ access to or use of
such applications.
Production Use does not include the right to reproduce the Software
for sublicensing,
resale, or distribution, including without limitation, operation on a
time
sharing or service bureau basis or distributing the Software as part
of an
ASP, VAR, OEM, distributor or reseller arrangement.</p>
<p> </p>
<p>i.
"Server" means
a single computer processor capable of executing the Software. <br>
k. "Site"
means the
specific, physical location of a Server, as set forth on your
registration
form.</p>
<p>j.
””Software" means
the object code versions, extracts and/or derivative works of the
software
electronically downloaded from BEA’s website upon acceptance of
this
Agreement, and the related Documentation, including Maintenance
Releases provided
pursuant to the standard Support Services Terms and Conditions. </p>
<p>k. “Support
Services” means
technical support for Software under BEA’s then current
policies. </p>
<p>l.
“Support Services
Term” means the first year after the Effective Date of the
applicable
Software License Agreement and the related Order, plus any respective
renewal
terms.</p>
<p>m. “Territory”
means
the geographical territory into which you download the Software or
indicate
acceptance of this Agreement .</p>
<p>n.
“Update” means
either a Software modification or addition that, when made or added to
the
Software, corrects the Error, or a procedure or routine that, when
observed
in the regular operation of the Software, eliminates the practical
adverse
effect of the Error on customer.</p>
<p>o.
“Upgrade” means
a revision of the Software released by BEA to its end user customers
generally,
during the Support Services Term, to add new and different functions
or to
increase the capacity of the Software. Upgrade does not include
the release
of a new product or added features for which there may be a separate
charge. If
a question arises as to whether a new product offering is an Upgrade
or a new
product or feature, BEA’s opinion will prevail, provided that
BEA treats
the product offering as a new product or feature for its end user
customers
generally.</p>
<p>p. “WebLogic
SDK” means
that certain Software product designated as BEA WebLogic
SDK. </p>
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