Lizenzvertrag ELSTER-Transfer

Allgemeines zur Installation 

Bitte lesen Sie zunächst die Endbenutzer-Lizenzvereinbarung für die Nutzung von ElsterTransfer durch. Nachdem Sie zugestimmt haben, gelangen Sie zum Download.

Endbenutzer-Lizenzvertrag und Datenschutzhinweis

Endbenutzer-Lizenzvertrag und Datenschutzhinweis zwischen dem Bayerischen Landesamt für Steuern (LfSt) als dem bundesweiten Koordinator des ELSTER-Projektes (nachfolgend "Steuerverwaltung" oder "LfSt") und dem Anwender.


§ 1 Vertragsparteien
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(1) Das LfSt handelt hier für den Freistaat Bayern in seiner Eigenschaft als bundesweiter Koordinator des Projektes ELSTER der Finanzverwaltungen von Bund und Ländern.
(2) "Anwender" im Sinne dieses Vertrages sind natürliche und juristische Personen, die die Software für eigene Zwecke, oder für Unternehmen / Organisationen in deren Auftrag verwenden.

§ 2 Vertragsgegenstand und Unentgeltlichkeit
--------------------------------------------
(1) Gegenstand des Vertrages ist die Überlassung und Einräumung von Nutzungsrechten an dem Programm "ElsterTransfer". Benutzer mit Sicherheitssticks und Signaturkarten können bei Mein ELSTER (www.elster.de) zusammen mit dem ElsterAuthenticator die Registrierung durchführen, Formulare übermitteln und Daten abholen.

(2) Bei Bestätigung der Schaltfläche „Akzeptieren“ handelt die ausführende Person für sich oder für das Unternehmen / die Organisation, für die sie tätig ist und akzeptiert die Wirksamkeit aller Bestimmungen dieses Vertrages.

(3) Die Software wird in maschinenlesbarer Form unentgeltlich überlassen. Sofern Open Source-Bestandteile integriert wurden, ist der Sourcecode für diese Bestandteile ebenfalls unentgeltlich erhältlich. Eine Auflistung der verwendeten Open Source-Bestandteile von ElsterAuthenticator findet sich im Anhang.

§ 3 Rechtsgrundlagen und Verwendungszweck
-----------------------------------------
(1) Rechtsgrundlage der elektronischen Übermittlung von Steuererklärungen und sonstiger für das Besteuerungsverfahren erforderlicher Daten sind §§ 72a und 87b bis 87d der Abgabenordnung (AO). Rechtsgrundlage der elektronischen Übermittlung von Bescheiden und sonstiger für Verwaltungsleistungen iSd § 2 Abs. 3 OZG erforderlicher Daten sind §§ 8, 9 OZG

(2) Die Software und alle ihre Bestandteile dienen ausschließlich dazu, im Zusammenhang mit der elektronischen Abgabe von Steuererklärungen und Übermittlung von Steuerdaten gemäß den gesetzlichen Vorgaben verwendet zu werden. Die Software und alle ihre Bestandteile dienen weiterhin dazu, im Zusammenhang mit der elektronischen Beantragung von Verwaltungsleistungen und Übermittlung von Bescheiddaten gemäß den gesetzlichen Vorgaben des OZG verwendet zu werden.

§ 4 Einräumung von Nutzungsrechten
----------------------------------
(1) Im Rahmen des gesetzlich, sowie oben in § 3 beschriebenen Verwendungszwecks räumt die Steuerverwaltung dem Anwender ein zeitlich und räumlich nicht begrenztes, nicht ausschließliches Recht ein, die Software unentgeltlich zu nutzen.
(2) Der Anwender ist berechtigt, die vertragsgegenständliche Software gleichzeitig auf mehreren Geräten innerhalb der Organisation, für die er tätig ist, zu installieren.
(3) Die darüber hinausgehende Übertragung des in § 4 Abs. 1 und 2 eingeräumten Nutzungsrechts an Dritte und die Unterlizenzierung sind nicht gestattet.
(4) Die im Anhang aufgeführten Softwarekomponenten sind Open Source Software. Die Nutzungsbefugnisse für diese Open Source-Komponenten richten sich alleine nach den Bedingungen der jeweiligen Open Source-Lizenzen, die Lizenzierung erfolgt durch die jeweiligen Rechtsinhaber direkt. Die Texte der betroffenen Open Source-Lizenzen sind im Anhang zu finden.

§ 5 Obliegenheiten des Anwenders
--------------------------------------------------
(1) Es liegt im besten Interesse des Anwenders und der Steuerverwaltung, dass stets nur die neueste Version der Software verwendet wird. Updates oder neue Versionen können unter www.elster.de heruntergeladen werden.
(2) Eventuelle Mängel der Software werden grundsätzlich dadurch behoben, dass die Steuerverwaltung jeweils eine neue Kopie der Software zum Herunterladen zur Verfügung stellt (§ 5 Abs. 1). Eine Pflicht zur Bereitstellung von neuen Programmversionen beziehungsweise Updates ergibt sich daraus nicht.
(3) Die Steuerverwaltung bietet für Teile der Software zusätzliche Supportleistungen in Form von Dokumentationen und Hilfen online (www.elster.de), sowie über die ELSTER-Hotline an. Hieraus erwachsen jedoch kein zusätzlicher Anspruch auf Mängelbeseitigung und kein Anspruch auf die Beibehaltung der Hotline.
(4) Der Anwender hat bei der Nutzung der Software in angemessenem Umfang die Sicherung von Daten vorzunehmen.

§ 6 Haftung
-----------
(1) Die Haftung ist ausgeschlossen.
(2) Dies gilt nicht für
* die Haftung für die Verletzung von Amtspflichten (§ 839 BGB, Art. 34 GG),
* die Verletzung von Leben, Körper oder Gesundheit, die auf einer fahrlässigen Pflichtverletzung oder auf einer vorsätzlichen oder fahrlässigen Pflichtverletzung eines gesetzlichen Vertreters oder Erfüllungsgehilfen beruht,
* sonstige Schäden, die auf einer grob fahrlässigen Pflichtverletzung der Steuerverwaltung oder auf einer vorsätzlichen oder grob fahrlässigen Pflichtverletzung eines gesetzlichen Vertreters oder Erfüllungsgehilfen beruhen.

§ 7 Hinweis auf gewerbliche und urheberrechtliche Schutzrechte
--------------------------------------------------------------
(1) Die Zeichen ELSTER und die entsprechende Grafik sind für den Freistaat Bayern als Marken geschützt.
(2) Die Software ist für die Steuerverwaltung umfassend urheberrechtlich geschützt. Jede in dieser Vereinbarung nicht ausdrücklich genehmigte Verwendung bedarf der ausdrücklichen und schriftlichen Zustimmung.
(3) Einzelne Komponenten von ElsterAuthenticator basieren auf Software, an denen die Steuerverwaltung selbst Rechte im Wege der Lizenz erworben hat. Insoweit wird auf die Lizenzliste im Programmverzeichnis (siehe § 2 Abs. 3) verwiesen. Die Nutzungsbefugnisse für diese Komponenten richten sich allein nach den Bedingungen der Fremdsoftware. Wenn und soweit die Bedingungen der Fremdsoftware im Widerspruch zu diesem Vertrag stehen, gehen sie insoweit den Bestimmungen dieses Vertrages vor.

§ 8 Ansprüche Dritter
---------------------------------
(1) Macht ein Dritter gegenüber dem Anwender Ansprüche wegen der Verletzung von Schutzrechten durch die Software geltend und wird die Nutzung der Software hierdurch beeinträchtigt oder untersagt, haftet das LfSt wie folgt:
Das LfSt wird nach seiner Wahl und auf seine Kosten entweder die Software so ändern oder ersetzen, dass das Schutzrecht nicht weiter verletzt wird, oder den Anwender von Lizenzgebühren gegenüber dem Schutzrechtsinhaber oder Dritten freistellen.
Gelingt dies dem LfSt zu angemessenen Bedingungen nicht, wird das LfSt dies dem Anwender mitteilen und ihm die Nutzung ab einem bestimmten Zeitpunkt untersagen. Der Anwender ist nach Wahl des LfSt verpflichtet, die Software einschließlich der Dokumentation und aller Kopien entweder zu löschen oder an das LfSt zurückzugeben.
(2) Voraussetzung für die Haftung des LfSt nach § 8 Abs. 1 ist, dass der Anwender das LfSt von geltend gemachten Ansprüchen Dritter unverzüglich verständigt, die behauptete Schutzrechtsverletzung nicht anerkennt und jegliche Auseinandersetzung, einschließlich etwaiger außergerichtlicher Regelungen, entweder dem LfSt überlässt oder nur im Einvernehmen mit dem LfSt führt. Die dem Anwender nach Verständigung des LfSt durch die Rechtsverteidigung entstandenen, notwendigen Gerichts- und Anwaltskosten gehen zu Lasten der Steuerverwaltung.
Stellt der Anwender die Nutzung der Software aus Schadensminderungs- oder sonstigen Gründen ein, ist er verpflichtet, den Dritten darauf hinzuweisen, dass mit der Nutzungseinstellung ein Anerkenntnis der behaupteten Schutzrechtsverletzung nicht verbunden ist.
(3) Soweit der Anwender die Schutzrechtsverletzung selbst zu vertreten hat, sind Ansprüche gegen das LfSt ausgeschlossen.
(4) Weitergehende Ansprüche des Anwenders wegen einer Verletzung von Schutzrechten Dritter sind ausgeschlossen. Dieser Ausschluss gilt nicht bei Vorsatz, grober Fahrlässigkeit und bei der Verletzung des Lebens, des Körpers oder der Gesundheit. Die Regelung in § 6 bleibt hiervon unberührt.

§ 9 Ein- und Ausfuhrkontrolle
-----------------------------
Es liegt in der Verantwortung des Anwenders, alle anwendbaren Ein- und Ausfuhrbestimmungen einzuhalten. Der Anwender wird darauf hingewiesen, dass ElsterAuthenticator auch kryptographische Techniken verwendet.

§ 10 Datenschutzhinweis
-----------------------
Mit dieser Software werden lokal beim Anwender Informationen über den ElsterAuthenticator (insbesondere Version, Installationspfad, unterstützte URLs), sowie in dem vom Anwender durch Aktivierung des „Logging“ vorgegebenen Umfang personenbezogene Daten im Sinne des Art. 4 Nr. 1 Datenschutzgrundverordnung (DSGVO) als Protokolldateien gespeichert. In den Protokolldateien werden – je nach ausgewähltem Umfang - die im Programm näher beschriebenen Informationen gespeichert, die im Supportfall das Finden der Problemursache erheblich erleichtern. Im Supportfall besteht für den Anwender die Möglichkeit, die gespeicherten Protokolldateien an das LfSt zu senden. Erst zu diesem Zeitpunkt hat das LfSt Zugriff auf die Protokolldateien des Anwenders.
Der Anwender bringt durch das Versenden der von ihm ausgewählten Protokolldateien seine Einwilligung zur Erhebung und Verarbeitung dieser Protokolldateien durch das LfSt zum Ausdruck. Sie haben das Recht, aus Gründen, die sich aus Ihrer besonderen Situation ergeben, jederzeit der Verarbeitung der an das LfSt versandten und Sie betreffenden Protokolldateien zu widersprechen.
Nach Beendigung des Supports werden alle an das LfSt gesendeten Protokolldateien gelöscht. Eine darüber hinausgehende Speicherung der Protokolldateien erfolgt nicht.
Ergänzend wird auf die Datenschutzinformationen bei www.elster.de hingewiesen.

§ 11 Wirksamkeitsklausel
------------------------
Die Unwirksamkeit einer Bestimmung dieses Vertrages berührt den übrigen Vertragsinhalt nicht.

§ 12 Deutsches Recht
--------------------
Auf diesen Vertrag ist ausschließlich das Recht der Bundesrepublik Deutschland anwendbar unter Ausschluss des Übereinkommens der Vereinten Nationen über Verträge über den internationalen Warenkauf (CISG).
 

Anhang - Lizenzen Dritter

Bitte beachten Sie außerdem die zusätzlichen Copyright-Informationen und Lizenzbestimmungen Dritter, die sich auf Teile der Software ElsterAuthenticator beziehen. Ihnen als Anwender entstehen daraus weder Rechte noch Pflichten in Bezug auf die Steuerverwaltung.


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4. COMMERCIAL DISTRIBUTION

Commercial distributors of software may accept certain responsibilities with respect to end users, business partners and the like. While this license is intended to facilitate the commercial use of the Program, the Contributor who includes the Program in a commercial product offering should do so in a manner which does not create potential liability for other Contributors. Therefore, if a Contributor includes the Program in a commercial product offering, such Contributor ("Commercial Contributor") hereby agrees to defend and indemnify every other Contributor ("Indemnified Contributor") against any losses, damages and costs (collectively "Losses") arising from claims, lawsuits and other legal actions brought by a third party against the Indemnified Contributor to the extent caused by the acts or omissions of such Commercial Contributor in connection with its distribution of the Program in a commercial product offering. The obligations in this section do not apply to any claims or Losses relating to any actual or alleged intellectual property infringement. In order to qualify, an Indemnified Contributor must: a) promptly notify the Commercial Contributor in writing of such claim, and b) allow the Commercial Contributor to control, and cooperate with the Commercial Contributor in, the defense and any related settlement negotiations. The Indemnified Contributor may participate in any such claim at its own expense.

For example, a Contributor might include the Program in a commercial product offering, Product X. That Contributor is then a Commercial Contributor. If that Commercial Contributor then makes performance claims, or offers warranties related to Product X, those performance claims and warranties are such Commercial Contributor's responsibility alone. Under this section, the Commercial Contributor would have to defend claims against the other Contributors related to those performance claims and warranties, and if a court requires any other Contributor to pay any damages as a result, the Commercial Contributor must pay those damages.

5. NO WARRANTY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Each Recipient is solely responsible for determining the appropriateness of using and distributing the Program and assumes all risks associated with its exercise of rights under this Agreement , including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

6. DISCLAIMER OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. GENERAL

If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Program itself (excluding combinations of the Program with other software or hardware) infringes such Recipient's patent(s), then such Recipient's rights granted under Section 2(b) shall terminate as of the date such litigation is filed.

All Recipient's rights under this Agreement shall terminate if it fails to comply with any of the material terms or conditions of this Agreement and does not cure such failure in a reasonable period of time after becoming aware of such noncompliance. If all Recipient's rights under this Agreement terminate, Recipient agrees to cease use and distribution of the Program as soon as reasonably practicable. However, Recipient's obligations under this Agreement and any licenses granted by Recipient relating to the Program shall continue and survive.

Everyone is permitted to copy and distribute copies of this Agreement, but in order to avoid inconsistency the Agreement is copyrighted and may only be modified in the following manner. The Agreement Steward reserves the right to publish new versions (including revisions) of this Agreement from time to time. No one other than the Agreement Steward has the right to modify this Agreement. The Eclipse Foundation is the initial Agreement Steward. The Eclipse Foundation may assign the responsibility to serve as the Agreement Steward to a suitable separate entity. Each new version of the Agreement will be given a distinguishing version number. The Program (including Contributions) may always be distributed subject to the version of the Agreement under which it was received. In addition, after a new version of the Agreement is published, Contributor may elect to distribute the Program (including its Contributions) under the new version. Except as expressly stated in Sections 2(a) and 2(b) above, Recipient receives no rights or licenses to the intellectual property of any Contributor under this Agreement, whether expressly, by implication, estoppel or otherwise. All rights in the Program not expressly granted under this Agreement are reserved.

This Agreement is governed by the laws of the State of New York and the intellectual property laws of the United States of America. No party to this Agreement will bring a legal action under this Agreement more than one year after the cause of action arose. Each party waives its rights to a jury trial in any resulting litigation.

======

GNU Lesser General Public License version 3

 GNU LESSER GENERAL PUBLIC LICENSE
Version 3, 29 June 2007


Copyright (C) 2007 Free Software Foundation, Inc. <http://fsf.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

This version of the GNU Lesser General Public License incorporates the terms and conditions of version 3 of the GNU General Public License, supplemented by the additional permissions listed below.

0. Additional Definitions.

As used herein, “this License” refers to version 3 of the GNU Lesser General Public License, and the “GNU GPL” refers to version 3 of the GNU General Public License.

“The Library” refers to a covered work governed by this License, other than an Application or a Combined Work as defined below.

An “Application” is any work that makes use of an interface provided by the Library, but which is not otherwise based on the Library. Defining a subclass of a class defined by the Library is deemed a mode of using an interface provided by the Library.

A “Combined Work” is a work produced by combining or linking an Application with the Library. The particular version of the Library with which the Combined Work was made is also called the “Linked Version”.

The “Minimal Corresponding Source” for a Combined Work means the Corresponding Source for the Combined Work, excluding any source code for portions of the Combined Work that, considered in isolation, are based on the Application, and not on the Linked Version.

The “Corresponding Application Code” for a Combined Work means the object code and/or source code for the Application, including any data and utility programs needed for reproducing the Combined Work from the Application, but excluding the System Libraries of the Combined Work.

1. Exception to Section 3 of the GNU GPL.

You may convey a covered work under sections 3 and 4 of this License without being bound by section 3 of the GNU GPL.

2. Conveying Modified Versions.

If you modify a copy of the Library, and, in your modifications, a facility refers to a function or data to be supplied by an Application that uses the facility (other than as an argument passed when the facility is invoked), then you may convey a copy of the modified version:

  • a) under this License, provided that you make a good faith effort to ensure that, in the event an Application does not supply the function or data, the facility still operates, and performs whatever part of its purpose remains meaningful, or
  • b) under the GNU GPL, with none of the additional permissions of this License applicable to that copy.

3. Object Code Incorporating Material from Library Header Files.

The object code form of an Application may incorporate material from a header file that is part of the Library. You may convey such object code under terms of your choice, provided that, if the incorporated material is not limited to numerical parameters, data structure layouts and accessors, or small macros, inline functions and templates (ten or fewer lines in length), you do both of the following:

  • a) Give prominent notice with each copy of the object code that the Library is used in it and that the Library and its use are covered by this License.
  • b) Accompany the object code with a copy of the GNU GPL and this license document.

4. Combined Works.

You may convey a Combined Work under terms of your choice that, taken together, effectively do not restrict modification of the portions of the Library contained in the Combined Work and reverse engineering for debugging such modifications, if you also do each of the following:

  • a) Give prominent notice with each copy of the Combined Work that the Library is used in it and that the Library and its use are covered by this License.
  • b) Accompany the Combined Work with a copy of the GNU GPL and this license document.
  • c) For a Combined Work that displays copyright notices during execution, include the copyright notice for the Library among these notices, as well as a reference directing the user to the copies of the GNU GPL and this license document.
  • d) Do one of the following:
    • 0) Convey the Minimal Corresponding Source under the terms of this License, and the Corresponding Application Code in a form suitable for, and under terms that permit, the user to recombine or relink the Application with a modified version of the Linked Version to produce a modified Combined Work, in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.
    • 1) Use a suitable shared library mechanism for linking with the Library. A suitable mechanism is one that (a) uses at run time a copy of the Library already present on the user's computer system, and (b) will operate properly with a modified version of the Library that is interface-compatible with the Linked Version.
  • e) Provide Installation Information, but only if you would otherwise be required to provide such information under section 6 of the GNU GPL, and only to the extent that such information is necessary to install and execute a modified version of the Combined Work produced by recombining or relinking the Application with a modified version of the Linked Version. (If you use option 4d0, the Installation Information must accompany the Minimal Corresponding Source and Corresponding Application Code. If you use option 4d1, you must provide the Installation Information in the manner specified by section 6 of the GNU GPL for conveying Corresponding Source.)

5. Combined Libraries.

You may place library facilities that are a work based on the Library side by side in a single library together with other library facilities that are not Applications and are not covered by this License, and convey such a combined library under terms of your choice, if you do both of the following:

  • a) Accompany the combined library with a copy of the same work based on the Library, uncombined with any other library facilities, conveyed under the terms of this License.
  • b) Give prominent notice with the combined library that part of it is a work based on the Library, and explaining where to find the accompanying uncombined form of the same work.

6. Revised Versions of the GNU Lesser General Public License.

The Free Software Foundation may publish revised and/or new versions of the GNU Lesser General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Library as you received it specifies that a certain numbered version of the GNU Lesser General Public License “or any later version” applies to it, you have the option of following the terms and conditions either of that published version or of any later version published by the Free Software Foundation. If the Library as you received it does not specify a version number of the GNU Lesser General Public License, you may choose any version of the GNU Lesser General Public License ever published by the Free Software Foundation.

If the Library as you received it specifies that a proxy can decide whether future versions of the GNU Lesser General Public License shall apply, that proxy's public statement of acceptance of any version is permanent authorization for you to choose that version for the Library.

======

The MIT License

SPDX short identifier: MIT

Copyright <YEAR> <COPYRIGHT HOLDER>

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


======

Mozilla Public License 2.0 (MPL-2.0)


1. Definitions

1.1. “Contributor”

means each individual or legal entity that creates, contributes to the creation of, or owns Covered Software.

1.2. “Contributor Version”

means the combination of the Contributions of others (if any) used by a Contributor and that particular Contributor’s Contribution.

1.3. “Contribution”

means Covered Software of a particular Contributor.

1.4. “Covered Software

means Source Code Form to which the initial Contributor has attached the notice in Exhibit A, the Executable Form of such Source Code Form, and Modifications of such Source Code Form, in each case including portions thereof.

1.5. “Incompatible With Secondary Licenses”

means

  1. that the initial Contributor has attached the notice described in Exhibit B to the Covered Software; or
  2. that the Covered Software was made available under the terms of version 1.1 or earlier of the License, but not also under the terms of a Secondary License.

1.6. “Executable Form”

means any form of the work other than Source Code Form.

1.7. “Larger Work”

means a work that combines Covered Software with other material, in a separate file or files, that is not Covered Software.

1.8. “License”

means this document.

1.9. “Licensable”

means having the right to grant, to the maximum extent possible, whether at the time of the initial grant or subsequently, any and all of the rights conveyed by this License.

1.10. “Modifications”

means any of the following:

  1. any file in Source Code Form that results from an addition to, deletion from, or modification of the contents of Covered Software; or
  2. any new file in Source Code Form that contains any Covered Software.

1.11. “Patent Claims” of a Contributor

means any patent claim(s), including without limitation, method, process, and apparatus claims, in any patent Licensable by such Contributor that would be infringed, but for the grant of the License, by the making, using, selling, offering for sale, having made, import, or transfer of either its Contributions or its Contributor Version.

1.12. “Secondary License”

means either the GNU General Public License, Version 2.0, the GNU Lesser General Public License, Version 2.1, the GNU Affero General Public License, Version 3.0, or any later versions of those licenses.

1.13. “Source Code Form”

means the form of the work preferred for making modifications.

1.14. “You” (or “Your”)

means an individual or a legal entity exercising rights under this License. For legal entities, “You” includes any entity that 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. License Grants and Conditions

2.1. Grants

Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license:

  1. under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and
  2. under Patent Claims of such Contributor to make, use, sell, offer for sale, have made, import, and otherwise transfer either its Contributions or its Contributor Version.

2.2. Effective Date

The licenses granted in Section 2.1 with respect to any Contribution become effective for each Contribution on the date the Contributor first distributes such Contribution.

2.3. Limitations on Grant Scope

The licenses granted in this Section 2 are the only rights granted under this License. No additional rights or licenses will be implied from the distribution or licensing of Covered Software under this License. Notwithstanding Section 2.1(b) above, no patent license is granted by a Contributor:

  1. for any code that a Contributor has removed from Covered Software; or
  2. for infringements caused by: (i) Your and any other third party’s modifications of Covered Software, or (ii) the combination of its Contributions with other software (except as part of its Contributor Version); or
  3. under Patent Claims infringed by Covered Software in the absence of its Contributions.

This License does not grant any rights in the trademarks, service marks, or logos of any Contributor (except as may be necessary to comply with the notice requirements in Section 3.4).

2.4. Subsequent Licenses

No Contributor makes additional grants as a result of Your choice to distribute the Covered Software under a subsequent version of this License (see Section 10.2) or under the terms of a Secondary License (if permitted under the terms of Section 3.3).

2.5. Representation

Each Contributor represents that the Contributor believes its Contributions are its original creation(s) or it has sufficient rights to grant the rights to its Contributions conveyed by this License.

2.6. Fair Use

This License is not intended to limit any rights You have under applicable copyright doctrines of fair use, fair dealing, or other equivalents.

2.7. Conditions

Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted in Section 2.1.

3. Responsibilities

3.1. Distribution of Source Form

All distribution of Covered Software in Source Code Form, including any Modifications that You create or to which You contribute, must be under the terms of this License. You must inform recipients that the Source Code Form of the Covered Software is governed by the terms of this License, and how they can obtain a copy of this License. You may not attempt to alter or restrict the recipients’ rights in the Source Code Form.

3.2. Distribution of Executable Form

If You distribute Covered Software in Executable Form then:

  1. such Covered Software must also be made available in Source Code Form, as described in Section 3.1, and You must inform recipients of the Executable Form how they can obtain a copy of such Source Code Form by reasonable means in a timely manner, at a charge no more than the cost of distribution to the recipient; and
  2. You may distribute such Executable Form under the terms of this License, or sublicense it under different terms, provided that the license for the Executable Form does not attempt to limit or alter the recipients’ rights in the Source Code Form under this License.

3.3. Distribution of a Larger Work

You may create and distribute a Larger Work under terms of Your choice, provided that You also comply with the requirements of this License for the Covered Software. If the Larger Work is a combination of Covered Software with a work governed by one or more Secondary Licenses, and the Covered Software is not Incompatible With Secondary Licenses, this License permits You to additionally distribute such Covered Software under the terms of such Secondary License(s), so that the recipient of the Larger Work may, at their option, further distribute the Covered Software under the terms of either this License or such Secondary License(s).

3.4. Notices

You may not remove or alter the substance of any license notices (including copyright notices, patent notices, disclaimers of warranty, or limitations of liability) contained within the Source Code Form of the Covered Software, except that You may alter any license notices to the extent required to remedy known factual inaccuracies.

3.5. Application of Additional Terms

You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. However, You may do so only on Your own behalf, and not on behalf of 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 every Contributor for any liability incurred by such Contributor as a result of warranty, support, indemnity or liability terms You offer. You may include additional disclaimers of warranty and limitations of liability specific to any jurisdiction.

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 Software 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 placed in a text file included with all distributions of the Covered Software under this License. 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. Termination

5.1. The rights granted under this License will terminate automatically if You fail to comply with any of its terms. However, if You become compliant, then the rights granted under this License from a particular Contributor are reinstated (a) provisionally, unless and until such Contributor explicitly and finally terminates Your grants, and (b) on an ongoing basis, if such Contributor fails to notify You of the non-compliance by some reasonable means prior to 60 days after You have come back into compliance. Moreover, Your grants from a particular Contributor are reinstated on an ongoing basis if such Contributor notifies You of the non-compliance by some reasonable means, this is the first time You have received notice of non-compliance with this License from such Contributor, and You become compliant prior to 30 days after Your receipt of the notice.

5.2. If You initiate litigation against any entity by asserting a patent infringement claim (excluding declaratory judgment actions, counter-claims, and cross-claims) alleging that a Contributor Version directly or indirectly infringes any patent, then the rights granted to You by any and all Contributors for the Covered Software under Section 2.1 of this License shall terminate.

5.3. In the event of termination under Sections 5.1 or 5.2 above, all end user license agreements (excluding distributors and resellers) which have been validly granted by You or Your distributors under this License prior to termination shall survive termination.

6. Disclaimer of Warranty

Covered Software is provided under this License on an “as is” basis, without warranty of any kind, either expressed, implied, or statutory, including, without limitation, warranties that the Covered Software 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 Software is with You. Should any Covered Software prove defective in any respect, You (not any 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 Software is authorized under this License except under this disclaimer.

7. Limitation of Liability

Under no circumstances and under no legal theory, whether tort (including negligence), contract, or otherwise, shall any Contributor, or anyone who distributes Covered Software as permitted above, be liable to You for any direct, indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, 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.

8. Litigation

Any litigation relating to this License may be brought only in the courts of a jurisdiction where the defendant maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this Section shall prevent a party’s ability to bring cross-claims or counter-claims.

9. Miscellaneous

This License represents the complete agreement concerning the 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. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not be used to construe this License against a Contributor.

10. Versions of the License

10.1. New Versions

Mozilla Foundation is the license steward. Except as provided in Section 10.3, no one other than the license steward has the right to modify or publish new versions of this License. Each version will be given a distinguishing version number.

10.2. Effect of New Versions

You may distribute the Covered Software under the terms of the version of the License under which You originally received the Covered Software, or under the terms of any subsequent version published by the license steward.

10.3. Modified Versions

If you create software not governed by this License, and you want to create a new license for such software, you may create and use a modified version of this License if you rename the license and remove any references to the name of the license steward (except to note that such modified license differs from this License).

10.4. Distributing Source Code Form that is Incompatible With Secondary Licenses

If You choose to distribute Source Code Form that is Incompatible With Secondary Licenses under the terms of this version of the License, the notice described in Exhibit B of this License must be attached.

Exhibit A - Source Code Form License Notice

This Source Code Form is subject to the terms of the Mozilla Public License, v. 2.0. If a copy of the MPL was not distributed with this file, You can obtain one at https://mozilla.org/MPL/2.0/.

If it is not possible or desirable to put the notice in a particular file, then You may include the notice in a location (such as a LICENSE file in a relevant directory) where a recipient would be likely to look for such a notice.

You may add additional accurate notices of copyright ownership.

Exhibit B - “Incompatible With Secondary Licenses” Notice

This Source Code Form is “Incompatible With Secondary Licenses”, as defined by the Mozilla Public License, v. 2.0.

          
======

Entessa Public License Version. 1.0 (Entessa)


Copyright (c) 2003 Entessa, LLC. All rights reserved.

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

  1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  3. The end-user documentation included with the redistribution, if any, must include the following acknowledgment:

"This product includes open source software developed by openSEAL (http://www.openseal.org/)."

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

  1. The names "openSEAL" and "Entessa" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact epl@entessa.com.
  2. Products derived from this software may not be called "openSEAL", nor may "openSEAL" appear in their name, without prior written permission of Entessa.

THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL ENTESSA, LLC, OPENSEAL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
============================================================

This software consists of voluntary contributions made by many individuals on behalf of openSEAL and was originally based on software contributed by Entessa, LLC, http://www.entessa.com. For more information on the openSEAL, please see <http://www.openseal.org/>.

=====

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0


1. Definitions.

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

1.2. "Contributor Version" means the combination of the Original Software, prior Modifications used by a Contributor (if any), and the Modifications made by that particular Contributor.

1.3. "Covered Software" means (a) the Original Software, or (b) Modifications, or (c) the combination of files containing Original Software with files containing Modifications, in each case including portions thereof.

1.4. "Executable" means the Covered Software in any form other than Source Code.

1.5. "Initial Developer" means the individual or entity that first makes Original Software available under this License.

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

1.7. "License" means this document.

1.8. "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.

1.9 "Modifications" means the Source Code and Executable form of any of the following:

A. Any file that results from an addition to, deletion from or modification of the contents of a file containing Original Software or previous Modifications;

B. Any new file that contains any part of the Original Software or previous Modification; or

C. Any new file that is contributed or otherwise made available under the terms of this License.

1.10. "Original Software" means the Source Code and Executable form of computer software code that is originally released under this License.

1.11. "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.

1.12. "Source Code" means (a) the common form of computer software code in which modifications are made and (b) associated documentation included in or with such code.

1.13. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. 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. License Grants.

2.1. The Initial Developer Grant.

Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license:

(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 Software (or portions thereof), with or without Modifications, and/or as part of a Larger Work; and

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

(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first distributes or otherwise makes the Original Software available to a third party 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 Software, or (2) for infringements caused by: (i) the modification of the Original Software, or (ii) the combination of the Original Software with other software or devices.

2.2. Contributor Grant.

Conditioned upon Your compliance with Section 3.1 below and 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 Software 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 distributes or otherwise makes the Modifications available to a third party.

(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) 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 (3) under Patent Claims infringed by Covered Software in the absence of Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code.

Any Covered Software that You distribute or otherwise make available in Executable form must also be made available in Source Code form and that Source Code form must be distributed only under the terms of this License. You must include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used for software exchange.

3.2. Modifications.

The Modifications that You create or to which You contribute are governed by the terms of this License. You represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to grant the rights conveyed by this License.

3.3. Required Notices.

You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms.

You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the applicable version of this License or the recipients' rights hereunder. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. 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 incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

3.5. Distribution of Executable Versions.

You may distribute the Executable form of the Covered Software under the terms of this License or under the terms of 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 form does not attempt to limit or alter the recipient's rights in the Source Code form from the rights set forth in this License. If You distribute the Covered Software in Executable form 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 Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer.

3.6. Larger Works.

You may create a Larger Work by combining Covered Software 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 Software.

4. Versions of the License.

4.1. New Versions.

Oracle Corp. is the initial license steward and may publish revised and/or new versions of this License from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, no one other than the license steward has the right to modify this License.

4.2. Effect of New Versions.

You may always continue to use, distribute or otherwise make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. If the Initial Developer includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under any subsequent version of the License, You must distribute and make the Covered Software available under the terms of the version of the License under which You originally received the Covered Software. Otherwise, You may also choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version of the License published by the license steward.

4.3. Modified Versions.

When You are an Initial Developer and You want to create a new license for Your Original Software, You may create and use a modified version of this License if You: (a) rename the license and remove any references to the name of the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that the license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY.

COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. TERMINATION.

6.1. 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 30 days of becoming aware of the breach. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.

6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as "Participant") alleging that the Participant Software (meaning the Contributor Version where the Participant is a Contributor or the Original Software where the Participant is the Initial Developer) directly or indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement with Participant.

6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) shall survive termination.

7. 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 SOFTWARE, 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 LOST PROFITS, 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.

8. U.S. GOVERNMENT END USERS.

The Covered Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) 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 Software with only those rights set forth herein. This U.S. Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License.

9. 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 the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, provides otherwise), excluding such jurisdiction's conflict-of-law provisions. Any litigation relating to this License shall be subject to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the losing party responsible for costs, including, without limitation, court costs and reasonable attorneys' fees and expenses. 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. You agree that You alone are responsible for compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, distribute or otherwise make available any Covered Software.

10. 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.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

The code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.

======

The GNU General Public License (GPL) Version 2, June 1991


Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Preamble

The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too.

When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.

To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.

For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.

We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.

Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.

Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.

The precise terms and conditions for copying, distribution and modification follow.

TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION

0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".

Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.

1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.

You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.

2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:

a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.

b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.

c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)

These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.

Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.

In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.

3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:

a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,

c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)

The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.

If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.

4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.

5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.

6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.

7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.

If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.

It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.

This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.

8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.

9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.

Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.

10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.

NO WARRANTY

11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

END OF TERMS AND CONDITIONS

How to Apply These Terms to Your New Programs

If you develop a new program, and you want it to be of the greatest possible use to the public, the best way to achieve this is to make it free software which everyone can redistribute and change under these terms.

To do so, attach the following notices to the program. It is safest to attach them to the start of each source file to most effectively convey the exclusion of warranty; and each file should have at least the "copyright" line and a pointer to where the full notice is found.

One line to give the program's name and a brief idea of what it does.

Copyright (C)

This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License for more details.

You should have received a copy of the GNU General Public License along with this program; if not, write to the Free Software Foundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA

Also add information on how to contact you by electronic and paper mail.

If the program is interactive, make it output a short notice like this when it starts in an interactive mode:

Gnomovision version 69, Copyright (C) year name of author
Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'. This is free software, and you are welcome to redistribute it under certain conditions; type `show c' for details.

The hypothetical commands `show w' and `show c' should show the appropriate parts of the General Public License. Of course, the commands you use may be called something other than `show w' and `show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school, if any, to sign a "copyright disclaimer" for the program, if necessary. Here is a sample; alter the names:

Yoyodyne, Inc., hereby disclaims all copyright interest in the program `Gnomovision' (which makes passes at compilers) written by James Hacker.

signature of Ty Coon, 1 April 1989
Ty Coon, President of Vice

This General Public License does not permit incorporating your program into proprietary programs. If your program is a subroutine library, you may consider it more useful to permit linking proprietary applications with the library. If this is what you want to do, use the GNU Library General Public License instead of this License.

"CLASSPATH" EXCEPTION TO THE GPL VERSION 2

Certain source files distributed by Oracle America, Inc. and/or its affiliates are subject to the following clarification and special exception to the GPLv2, based on the GNU Project exception for its Classpath libraries, known as the GNU Classpath Exception, but only where Oracle has expressly included in the particular source file's header the words "Oracle designates this particular file as subject to the "Classpath" exception as provided by Oracle in the LICENSE file that accompanied this code."

You should also note that Oracle includes multiple, independent programs in this software package. Some of those programs are provided under licenses deemed incompatible with the GPLv2 by the Free Software Foundation and others. For example, the package includes programs licensed under the Apache License, Version 2.0. Such programs are licensed to you under their original licenses.

Oracle facilitates your further distribution of this package by adding the Classpath Exception to the necessary parts of its GPLv2 code, which permits you to use that code in combination with other independent modules not licensed under the GPLv2. However, note that this would not permit you to commingle code under an incompatible license with Oracle's GPLv2 licensed code by, for example, cutting and pasting such code into a file also containing Oracle's GPLv2 licensed code and then distributing the result.

Additionally, if you were to remove the Classpath Exception from any of the files to which it applies and distribute the result, you would likely be required to license some or all of the other code in that distribution under the GPLv2 as well, and since the GPLv2 is incompatible with the license terms of some items included in the distribution by Oracle, removing the Classpath Exception could therefore effectively compromise your ability to further distribute the package.

Proceed with caution and we recommend that you obtain the advice of a lawyer skilled in open source matters before removing the Classpath Exception or making modifications to this package which may subsequently be redistributed and/or involve the use of third party software.

CLASSPATH EXCEPTION

Linking this library statically or dynamically with other modules is making a combined work based on this library. Thus, the terms and conditions of the GNU General Public License version 2 cover the whole combination.

As a special exception, the copyright holders of this library give you permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module. An independent module is a module which is not derived from or based on this library. If you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.

======

GNU General Public License, version 2,
with the Classpath Exception

The GNU General Public License (GPL)


Version 2, June 1991


Copyright (C) 1989, 1991 Free Software Foundation, Inc.

59 Temple Place, Suite 330, Boston, MA 02111-1307 USA


Everyone is permitted to copy and distribute verbatim copies of this license

document, but changing it is not allowed.


Preamble


The licenses for most software are designed to take away your freedom to share

and change it.  By contrast, the GNU General Public License is intended to

guarantee your freedom to share and change free software--to make sure the

software is free for all its users.  This General Public License applies to

most of the Free Software Foundation's software and to any other program whose

authors commit to using it.  (Some other Free Software Foundation software is

covered by the GNU Library General Public License instead.) You can apply it to

your programs, too.


When we speak of free software, we are referring to freedom, not price.  Our

General Public Licenses are designed to make sure that you have the freedom to

distribute copies of free software (and charge for this service if you wish),

that you receive source code or can get it if you want it, that you can change

the software or use pieces of it in new free programs; and that you know you

can do these things.


To protect your rights, we need to make restrictions that forbid anyone to deny

you these rights or to ask you to surrender the rights.  These restrictions

translate to certain responsibilities for you if you distribute copies of the

software, or if you modify it.


For example, if you distribute copies of such a program, whether gratis or for

a fee, you must give the recipients all the rights that you have.  You must

make sure that they, too, receive or can get the source code.  And you must

show them these terms so they know their rights.


We protect your rights with two steps: (1) copyright the software, and (2)

offer you this license which gives you legal permission to copy, distribute

and/or modify the software.


Also, for each author's protection and ours, we want to make certain that

everyone understands that there is no warranty for this free software.  If the

software is modified by someone else and passed on, we want its recipients to

know that what they have is not the original, so that any problems introduced

by others will not reflect on the original authors' reputations.


Finally, any free program is threatened constantly by software patents.  We

wish to avoid the danger that redistributors of a free program will

individually obtain patent licenses, in effect making the program proprietary.

To prevent this, we have made it clear that any patent must be licensed for

everyone's free use or not licensed at all.


The precise terms and conditions for copying, distribution and modification

follow.


TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION


0. This License applies to any program or other work which contains a notice

placed by the copyright holder saying it may be distributed under the terms of

this General Public License.  The "Program", below, refers to any such program

or work, and a "work based on the Program" means either the Program or any

derivative work under copyright law: that is to say, a work containing the

Program or a portion of it, either verbatim or with modifications and/or

translated into another language.  (Hereinafter, translation is included

without limitation in the term "modification".) Each licensee is addressed as

"you".


Activities other than copying, distribution and modification are not covered by

this License; they are outside its scope.  The act of running the Program is

not restricted, and the output from the Program is covered only if its contents

constitute a work based on the Program (independent of having been made by

running the Program).  Whether that is true depends on what the Program does.


1. You may copy and distribute verbatim copies of the Program's source code as

you receive it, in any medium, provided that you conspicuously and

appropriately publish on each copy an appropriate copyright notice and

disclaimer of warranty; keep intact all the notices that refer to this License

and to the absence of any warranty; and give any other recipients of the

Program a copy of this License along with the Program.


You may charge a fee for the physical act of transferring a copy, and you may

at your option offer warranty protection in exchange for a fee.


2. You may modify your copy or copies of the Program or any portion of it, thus

forming a work based on the Program, and copy and distribute such modifications

or work under the terms of Section 1 above, provided that you also meet all of

these conditions:


    a) You must cause the modified files to carry prominent notices stating

    that you changed the files and the date of any change.


    b) You must cause any work that you distribute or publish, that in whole or

    in part contains or is derived from the Program or any part thereof, to be

    licensed as a whole at no charge to all third parties under the terms of

    this License.


    c) If the modified program normally reads commands interactively when run,

    you must cause it, when started running for such interactive use in the

    most ordinary way, to print or display an announcement including an

    appropriate copyright notice and a notice that there is no warranty (or

    else, saying that you provide a warranty) and that users may redistribute

    the program under these conditions, and telling the user how to view a copy

    of this License.  (Exception: if the Program itself is interactive but does

    not normally print such an announcement, your work based on the Program is

    not required to print an announcement.)


These requirements apply to the modified work as a whole.  If identifiable

sections of that work are not derived from the Program, and can be reasonably

considered independent and separate works in themselves, then this License, and

its terms, do not apply to those sections when you distribute them as separate

works.  But when you distribute the same sections as part of a whole which is a

work based on the Program, the distribution of the whole must be on the terms

of this License, whose permissions for other licensees extend to the entire

whole, and thus to each and every part regardless of who wrote it.


Thus, it is not the intent of this section to claim rights or contest your

rights to work written entirely by you; rather, the intent is to exercise the

right to control the distribution of derivative or collective works based on

the Program.


In addition, mere aggregation of another work not based on the Program with the

Program (or with a work based on the Program) on a volume of a storage or

distribution medium does not bring the other work under the scope of this

License.


3. You may copy and distribute the Program (or a work based on it, under

Section 2) in object code or executable form under the terms of Sections 1 and

2 above provided that you also do one of the following:


    a) Accompany it with the complete corresponding machine-readable source

    code, which must be distributed under the terms of Sections 1 and 2 above

    on a medium customarily used for software interchange; or,


    b) Accompany it with a written offer, valid for at least three years, to

    give any third party, for a charge no more than your cost of physically

    performing source distribution, a complete machine-readable copy of the

    corresponding source code, to be distributed under the terms of Sections 1

    and 2 above on a medium customarily used for software interchange; or,


    c) Accompany it with the information you received as to the offer to

    distribute corresponding source code.  (This alternative is allowed only

    for noncommercial distribution and only if you received the program in

    object code or executable form with such an offer, in accord with

    Subsection b above.)


The source code for a work means the preferred form of the work for making

modifications to it.  For an executable work, complete source code means all

the source code for all modules it contains, plus any associated interface

definition files, plus the scripts used to control compilation and installation

of the executable.  However, as a special exception, the source code

distributed need not include anything that is normally distributed (in either

source or binary form) with the major components (compiler, kernel, and so on)

of the operating system on which the executable runs, unless that component

itself accompanies the executable.


If distribution of executable or object code is made by offering access to copy

from a designated place, then offering equivalent access to copy the source

code from the same place counts as distribution of the source code, even though

third parties are not compelled to copy the source along with the object code.


4. You may not copy, modify, sublicense, or distribute the Program except as

expressly provided under this License.  Any attempt otherwise to copy, modify,

sublicense or distribute the Program is void, and will automatically terminate

your rights under this License.  However, parties who have received copies, or

rights, from you under this License will not have their licenses terminated so

long as such parties remain in full compliance.


5. You are not required to accept this License, since you have not signed it.

However, nothing else grants you permission to modify or distribute the Program

or its derivative works.  These actions are prohibited by law if you do not

accept this License.  Therefore, by modifying or distributing the Program (or

any work based on the Program), you indicate your acceptance of this License to

do so, and all its terms and conditions for copying, distributing or modifying

the Program or works based on it.


6. Each time you redistribute the Program (or any work based on the Program),

the recipient automatically receives a license from the original licensor to

copy, distribute or modify the Program subject to these terms and conditions.

You may not impose any further restrictions on the recipients' exercise of the

rights granted herein.  You are not responsible for enforcing compliance by

third parties to this License.


7. If, as a consequence of a court judgment or allegation of patent

infringement or for any other reason (not limited to patent issues), conditions

are imposed on you (whether by court order, agreement or otherwise) that

contradict the conditions of this License, they do not excuse you from the

conditions of this License.  If you cannot distribute so as to satisfy

simultaneously your obligations under this License and any other pertinent

obligations, then as a consequence you may not distribute the Program at all.

For example, if a patent license would not permit royalty-free redistribution

of the Program by all those who receive copies directly or indirectly through

you, then the only way you could satisfy both it and this License would be to

refrain entirely from distribution of the Program.


If any portion of this section is held invalid or unenforceable under any

particular circumstance, the balance of the section is intended to apply and

the section as a whole is intended to apply in other circumstances.


It is not the purpose of this section to induce you to infringe any patents or

other property right claims or to contest validity of any such claims; this

section has the sole purpose of protecting the integrity of the free software

distribution system, which is implemented by public license practices.  Many

people have made generous contributions to the wide range of software

distributed through that system in reliance on consistent application of that

system; it is up to the author/donor to decide if he or she is willing to

distribute software through any other system and a licensee cannot impose that

choice.


This section is intended to make thoroughly clear what is believed to be a

consequence of the rest of this License.


8. If the distribution and/or use of the Program is restricted in certain

countries either by patents or by copyrighted interfaces, the original

copyright holder who places the Program under this License may add an explicit

geographical distribution limitation excluding those countries, so that

distribution is permitted only in or among countries not thus excluded.  In

such case, this License incorporates the limitation as if written in the body

of this License.


9. The Free Software Foundation may publish revised and/or new versions of the

General Public License from time to time.  Such new versions will be similar in

spirit to the present version, but may differ in detail to address new problems

or concerns.


Each version is given a distinguishing version number.  If the Program

specifies a version number of this License which applies to it and "any later

version", you have the option of following the terms and conditions either of

that version or of any later version published by the Free Software Foundation.

If the Program does not specify a version number of this License, you may

choose any version ever published by the Free Software Foundation.


10. If you wish to incorporate parts of the Program into other free programs

whose distribution conditions are different, write to the author to ask for

permission.  For software which is copyrighted by the Free Software Foundation,

write to the Free Software Foundation; we sometimes make exceptions for this.

Our decision will be guided by the two goals of preserving the free status of

all derivatives of our free software and of promoting the sharing and reuse of

software generally.


NO WARRANTY


11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR

THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT WHEN OTHERWISE

STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE

PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND

FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND

PERFORMANCE OF THE PROGRAM IS WITH YOU.  SHOULD THE PROGRAM PROVE DEFECTIVE,

YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.


12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL

ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE

PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY

GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR

INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA

BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A

FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER

OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


END OF TERMS AND CONDITIONS


How to Apply These Terms to Your New Programs


If you develop a new program, and you want it to be of the greatest possible

use to the public, the best way to achieve this is to make it free software

which everyone can redistribute and change under these terms.


To do so, attach the following notices to the program.  It is safest to attach

them to the start of each source file to most effectively convey the exclusion

of warranty; and each file should have at least the "copyright" line and a

pointer to where the full notice is found.


    One line to give the program's name and a brief idea of what it does.


    Copyright (C) <year> <name of author>


    This program is free software; you can redistribute it and/or modify it

    under the terms of the GNU General Public License as published by the Free

    Software Foundation; either version 2 of the License, or (at your option)

    any later version.


    This program is distributed in the hope that it will be useful, but WITHOUT

    ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or

    FITNESS FOR A PARTICULAR PURPOSE.  See the GNU General Public License for

    more details.


    You should have received a copy of the GNU General Public License along

    with this program; if not, write to the Free Software Foundation, Inc., 59

    Temple Place, Suite 330, Boston, MA 02111-1307 USA


Also add information on how to contact you by electronic and paper mail.


If the program is interactive, make it output a short notice like this when it

starts in an interactive mode:


    Gnomovision version 69, Copyright (C) year name of author Gnomovision comes

    with ABSOLUTELY NO WARRANTY; for details type 'show w'.  This is free

    software, and you are welcome to redistribute it under certain conditions;

    type 'show c' for details.


The hypothetical commands 'show w' and 'show c' should show the appropriate

parts of the General Public License.  Of course, the commands you use may be called something other than 'show w' and 'show c'; they could even be mouse-clicks or menu items--whatever suits your program.

You should also get your employer (if you work as a programmer) or your school,

if any, to sign a "copyright disclaimer" for the program, if necessary.  Here

is a sample; alter the names:


    Yoyodyne, Inc., hereby disclaims all copyright interest in the program

    'Gnomovision' (which makes passes at compilers) written by James Hacker.


    signature of Ty Coon, 1 April 1989


    Ty Coon, President of Vice


This General Public License does not permit incorporating your program intoproprietary programs.  If your program is a subroutine library, you mayconsider it more useful to permit linking proprietary applications with the library.  If this is what you want to do, use the GNU Library General Public License instead of this License.


"CLASSPATH" EXCEPTION TO THE GPL

Certain source files distributed by Oracle America and/or its affiliates are subject to the following clarification and special exception to the GPL, but only where Oracle has expressly included in the particular source file's header the words "Oracle designates this particular file as subject to the "Classpath"exception as provided by Oracle in the LICENSE file that accompanied this code."    Linking this library statically or dynamically with other modules is making a combined work based on this library.  Thus, the terms and conditions of    the GNU General Public License cover the whole combination. As a special exception, the copyright holders of this library give you    permission to link this library with independent modules to produce an executable, regardless of the license terms of these independent modules, and to copy and distribute the resulting executable under terms of your choice, provided that you also meet, for each linked independent module, the terms and conditions of the license of that module.  An independent    module is a module which is not derived from or based on this library.  If    you modify this library, you may extend this exception to your version of the library, but you are not obligated to do so. If you do not wish to do so, delete this exception statement from your version.

======

Anhang 2 - Allgemeine Informationen zur Umsetzung der datenschutzrechtlichen Vorgaben der Artikel 12 bis 14 der Datenschutz-Grundverordnung in der Steuerverwaltung

Die allgemeinen Informationen zur Umsetzung der datenschutzrechtlichen Vorgaben der Artikel 12 bis 14 der Datenschutz-Grundverordnung in der Steuerverwaltung stehen als PDF-Dokument zur Verfügung: Download des Dokuments