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755 lines
33 KiB
755 lines
33 KiB
NetBeans software is developed and distributed under the COMMON |
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DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL). NetBeans software |
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also makes use of additional libraries made available for use |
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and distribution by other parties, including open-source projects. |
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------------------------------------------------------------ |
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
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Version 1.0 |
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1. Definitions. |
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1.1. Contributor means each individual or entity that creates |
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or contributes to the creation of Modifications. |
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1.2. Contributor Version means the combination of the Original |
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Software, prior Modifications used by a Contributor (if any), |
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and the Modifications made by that particular Contributor. |
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1.3. Covered Software means (a) the Original Software, or |
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(b) Modifications, or (c) the combination of files containing |
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Original Software with files containing Modifications, in each |
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case including portions thereof. |
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1.4. Executable means the Covered Software in any form other |
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than Source Code. |
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1.5. Initial Developer means the individual or entity that |
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first makes Original Software available under this License. |
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1.6. Larger Work means a work which combines Covered Software |
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or portions thereof with code not governed by the terms of this |
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License. |
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1.7. License means this document. |
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1.8. Licensable means having the right to grant, to the maximum |
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extent possible, whether at the time of the initial grant or |
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subsequently acquired, any and all of the rights conveyed herein. |
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1.9. Modifications means the Source Code and Executable form |
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of any of the following: |
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A. Any file that results from an |
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addition to, deletion from or modification of the contents of |
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a file containing Original Software or previous Modifications; |
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B. Any new file that contains any part of the Original Software |
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or previous Modification; or |
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C. Any new file that is contributed or otherwise made available |
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under the terms of this License. |
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1.10. Original Software means the Source Code and Executable form |
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of computer software code that is originally released under this |
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License. |
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1.11. Patent Claims means any patent claim(s), now owned or |
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hereafter acquired, including without limitation, method, process, |
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and apparatus claims, in any patent Licensable by grantor. |
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1.12. Source Code means |
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(a) the common form of computer software code in which |
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modifications are made and |
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(b) associated documentation included in or with such code. |
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1.13. You (or Your) means an individual or a legal entity |
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exercising rights under, and complying with all of the terms |
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of, this License. For legal entities, You includes any entity |
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which controls, is controlled by, or is under common control |
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with You. For purposes of this definition, control means |
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(a) the power, direct or indirect, to cause the direction or |
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management of such entity, whether by contract or otherwise, |
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or |
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(b) ownership of more than fifty percent (50%) of the outstanding |
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shares or beneficial ownership of such entity. |
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2. License Grants. |
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2.1. The Initial Developer Grant. Conditioned upon Your |
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compliance with Section |
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3.1 below and subject to third party intellectual property |
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claims, the Initial Developer hereby grants You a world-wide, |
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royalty-free, non-exclusive license: |
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(a) under intellectual property rights (other than patent |
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or trademark) Licensable by Initial Developer, to use, |
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reproduce, modify, display, perform, sublicense and distribute |
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the Original Software (or portions thereof), with or without |
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Modifications, and/or as part of a Larger Work; and |
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(b) under Patent Claims infringed by the making, using or |
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selling of Original Software, to make, have made, use, |
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practice, sell, and offer for sale, and/or otherwise |
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dispose of the Original Software (or portions thereof); |
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(c) The licenses granted in Sections |
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2.1 (a) and (b) are effective on the date Initial Developer first |
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distributes or otherwise makes the Original Software available |
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to a third party under the terms of this License; |
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(d) Notwithstanding Section |
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2.1(b) above, no patent license is granted: |
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(1) for code that You delete from the Original Software, or |
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(2) for infringements caused by: |
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(i) the modification of the Original Software, or |
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(ii) the combination of the Original Software with other |
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software or devices. |
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2.2. Contributor Grant. Conditioned upon Your compliance with |
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Section |
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3.1 below and subject to third party intellectual property |
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claims, each Contributor hereby grants You a world-wide, |
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royalty-free, non-exclusive license: |
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(a) under intellectual property rights (other than patent |
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or trademark) Licensable by Contributor to use, reproduce, |
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modify, display, perform, sublicense and distribute the |
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Modifications created by such Contributor (or portions |
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thereof), either on an unmodified basis, with other |
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Modifications, as Covered Software and/or as part of a |
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Larger Work; and |
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(b) under Patent Claims infringed by the making, using, |
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or selling of Modifications made by that Contributor either |
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alone and/or in combination with its Contributor Version |
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(or portions of such combination), to make, use, sell, |
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offer for sale, have made, and/or otherwise dispose of: |
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(1) Modifications made by that Contributor (or portions |
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thereof); and |
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(2) the combination of Modifications made by that Contributor |
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with its Contributor Version (or portions of such combination). |
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(c) The licenses granted in Sections |
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2.2(a) and |
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2.2(b) are effective on the date Contributor first distributes |
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or otherwise makes the Modifications available to a third party. |
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(d) Notwithstanding Section |
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2.2(b) above, no patent license is granted: |
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(1) for any code that Contributor has deleted from the Contributor Version; |
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(2) for infringements caused by: |
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(i) third party modifications of Contributor Version, or |
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(ii) the combination of Modifications made by that Contributor with other |
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software (except as part of the Contributor Version) or other devices; or |
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(3) under Patent Claims infringed by Covered Software in the absence of |
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Modifications made by that Contributor. |
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3. Distribution Obligations. |
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3.1. Availability of Source Code. Any Covered Software that You |
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distribute or otherwise make available in Executable form must |
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also be made available in Source Code form and that Source Code |
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form must be distributed only under the terms of this License. |
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You must include a copy of this License with every copy of the |
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Source Code form of the Covered Software You distribute or |
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otherwise make available. You must inform recipients of any |
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such Covered Software in Executable form as to how they can |
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obtain such Covered Software in Source Code form in a |
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reasonable manner on or through a medium customarily used for |
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software exchange. |
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3.2. Modifications. The Modifications that You create or to |
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which You contribute are governed by the terms of this License. |
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You represent that You believe Your Modifications are Your |
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original creation(s) and/or You have sufficient rights to |
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grant the rights conveyed by this License. |
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3.3. Required Notices. You must include a notice in each of |
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Your Modifications that identifies You as the Contributor of |
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the Modification. You may not remove or alter any copyright, |
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patent or trademark notices contained within the Covered Software, |
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or any notices of licensing or any descriptive text giving |
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attribution to any Contributor or the Initial Developer. |
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3.4. Application of Additional Terms. You may not offer or |
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impose any terms on any Covered Software in Source Code form |
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that alters or restricts the applicable version of this License |
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or the recipients rights hereunder. You may choose to offer, |
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and to charge a fee for, warranty, support, indemnity or |
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liability obligations to one or more recipients of Covered |
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Software. However, you may do so only on Your own behalf, |
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and not on behalf of the Initial Developer or any Contributor. |
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You must make it absolutely clear that any such warranty, |
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support, indemnity or liability obligation is offered by You |
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alone, and You hereby agree to indemnify the Initial Developer |
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and every Contributor for any liability incurred by the Initial |
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Developer or such Contributor as a result of warranty, support, |
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indemnity or liability terms You offer. |
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3.5. Distribution of Executable Versions. You may distribute |
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the Executable form of the Covered Software under the terms |
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of this License or under the terms of a license of Your choice, |
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which may contain terms different from this License, provided |
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that You are in compliance with the terms of this License and |
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that the license for the Executable form does not attempt to |
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limit or alter the recipients rights in the Source Code form |
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from the rights set forth in this License. If You distribute |
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the Covered Software in Executable form under a different |
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license, You must make it absolutely clear that any terms |
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which differ from this License are offered by You alone, |
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not by the Initial Developer or Contributor. You hereby |
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agree to indemnify the Initial Developer and every Contributor |
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for any liability incurred by the Initial Developer or such |
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Contributor as a result of any such terms You offer. |
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3.6. Larger Works. You may create a Larger Work by combining |
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Covered Software with other code not governed by the terms of |
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this License and distribute the Larger Work as a single product. |
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In such a case, You must make sure the requirements of this |
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License are fulfilled for the Covered Software. |
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4. Versions of the License. |
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4.1. New Versions. Sun Microsystems, Inc. is the initial |
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license steward and may publish revised and/or new versions |
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of this License from time to time. Each version will be given |
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a distinguishing version number. Except as provided in Section |
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4.3, no one other than the license steward has the right to |
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modify this License. |
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4.2. Effect of New Versions. You may always continue to use, |
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distribute or otherwise make the Covered Software available |
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under the terms of the version of the License under which You |
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originally received the Covered Software. If the Initial |
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Developer includes a notice in the Original Software prohibiting |
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it from being distributed or otherwise made available under any |
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subsequent version of the License, You must distribute and make |
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the Covered Software available under the terms of the version of |
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the License under which You originally received the Covered |
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Software. Otherwise, You may also choose to use, distribute or |
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otherwise make the Covered Software available under the terms |
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of any subsequent version of the License published by the |
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license steward. |
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4.3. Modified Versions. When You are an Initial Developer and |
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You want to create a new license for Your Original Software, |
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You may create and use a modified version of this License if You: |
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(a) rename the license and remove any references to the name of |
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the license steward (except to note that the license differs |
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from this License); and |
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(b) otherwise make it clear that the license contains terms |
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which differ from this License. |
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5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER |
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THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, |
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EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, |
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WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, |
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
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SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE |
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IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER |
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, |
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES |
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AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED |
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SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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6. TERMINATION. |
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6.1. This License and the rights granted |
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hereunder will terminate automatically if You fail to |
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comply with terms herein and fail to cure such breach |
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within 30 days of becoming aware of the breach. Provisions |
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which, by their nature, must remain in effect beyond the |
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termination of this License shall survive. |
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6.2. If You assert a patent infringement claim (excluding |
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declaratory judgment actions) against Initial Developer |
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or a Contributor (the Initial Developer or Contributor |
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against whom You assert such claim is referred to as |
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Participant) alleging that the Participant Software |
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(meaning the Contributor Version where the Participant is |
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a Contributor or the Original Software where the Participant |
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is the Initial Developer) directly or indirectly infringes |
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any patent, then any and all rights granted directly or |
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indirectly to You by such Participant, the Initial Developer |
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(if the Initial Developer is not the Participant) and all |
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Contributors under Sections |
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2.1 and/or 2.2 of this License shall, upon 60 days notice |
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from Participant terminate prospectively and automatically |
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at the expiration of such 60 day notice period, unless if |
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within such 60 day period You withdraw Your claim with |
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respect to the Participant Software against such Participant |
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either unilaterally or pursuant to a written agreement with |
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Participant. |
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6.3. In the event of termination under Sections |
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6.1 or 6.2 above, all end user licenses that have been |
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validly granted by You or any distributor hereunder |
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prior to termination (excluding licenses granted to You |
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by any distributor) shall survive termination. |
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7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND |
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UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), |
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CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, |
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ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, |
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OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL |
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DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, |
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DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, |
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COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
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COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL |
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HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY |
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FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS |
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NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH |
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION |
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OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO |
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THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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8. U.S. GOVERNMENT END USERS. The Covered Software is a |
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commercial item, as that term is defined in 48 C.F.R. 2.101 |
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(Oct. 1995), consisting of commercial computer software |
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(as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) |
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and commercial computer software documentation as such terms |
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are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with |
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48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 |
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(June 1995), all U.S. Government End Users acquire Covered |
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Software with only those rights set forth herein. This U.S. |
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Government Rights clause is in lieu of, and supersedes, any |
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other FAR, DFAR, or other clause or provision that addresses |
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Government rights in computer software under this License. |
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9. MISCELLANEOUS. This License represents the complete |
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agreement concerning subject matter hereof. If any provision |
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of this License is held to be unenforceable, such provision |
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shall be reformed only to the extent necessary to make it |
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enforceable. This License shall be governed by the law of |
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the jurisdiction specified in a notice contained within |
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the Original Software (except to the extent applicable |
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law, if any, provides otherwise), excluding such jurisdictions |
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conflict-of-law provisions. Any litigation relating to this |
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License shall be subject to the jurisdiction of the courts |
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located in the jurisdiction and venue specified in a notice |
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contained within the Original Software, with the losing |
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party responsible for costs, including, without limitation, |
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court costs and reasonable attorneys fees and expenses. |
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The application of the United Nations Convention on Contracts |
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for the International Sale of Goods is expressly excluded. |
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Any law or regulation which provides that the language of a |
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contract shall be construed against the drafter shall not |
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apply to this License. You agree that You alone are |
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responsible for compliance with the United States export |
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administration regulations (and the export control laws |
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and regulation of any other countries) when You use, |
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distribute or otherwise make available any Covered Software. |
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10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer |
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and the Contributors, each party is responsible for claims |
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and damages arising, directly or indirectly, out of its |
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utilization of rights under this License and You agree to |
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work with Initial Developer and Contributors to distribute |
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such responsibility on an equitable basis. Nothing herein |
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is intended or shall be deemed to constitute any admission |
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of liability. |
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------------------------------------------------------------ |
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
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DISTRIBUTION LICENSE (CDDL): This code is released under |
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the CDDL and shall be governed by the laws of the State of |
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California (excluding conflict-of-law provisions). Any |
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litigation relating to this License shall be subject to |
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the jurisdiction of the Federal Courts of the Northern |
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District of California and the state courts of the State |
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of California, with venue lying in Santa Clara County, |
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California. |
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------------------------------------------------------------ |
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Please review the complete list of open-source licenses |
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governing software included in this software. They can be |
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found in the THIRDPARTYLICENSE.txt file. |
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Please review the list of libraries and licenses provided |
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for use and redistribution by other parties. These libraries |
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are redistributable subject to the conditions in the |
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DISTRIBUTION.txt file. |
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Sun Microsystems, Inc. ("Sun") SOFTWARE LICENSE AGREEMENT |
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and ENTITLEMENT for SOFTWARE |
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A. ENTITLEMENT for SOFTWARE |
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Licensee/Company: Entity receiving Software. |
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Effective Date: Date of delivery of the Software to You. |
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Software: |
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-PLUGIN FOR SUN JAVA SYSTEM APPLICATION SERVER PLATFORM |
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EDITION TO NETBEANS IDE |
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-JAX-RPC 1.1.3 |
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-JAXP 1.3.1 |
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-SAAJ 1.2.2 |
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-JavaMail 1.3.1 |
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-JavaServer Faces 1.1_01 |
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-Java Help 2.0 |
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-J2EE Deployment 1.1 SPECIFICATION INTERFACE CLASSES |
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-Javac compiler 5.0 |
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-Java Metadata Interface (JMI) 1.0 SPECIFICATION INTERFACE |
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CLASSES |
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License Term: Perpetual (subject to termination under |
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the SLA) |
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Licensed Unit: Software Copy |
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Licensed unit Count: Unlimited |
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Permitted Uses: |
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1. You may reproduce and use the Software for Research and |
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Instructional, Individual, and Commercial Uses for the |
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purposes of designing, developing, testing, and running your |
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applets or applications ("Programs") provided that for a |
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particular version of the Java platform, any executable |
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output generated by a Java compiler contained in the |
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Software (i) is compiled from source code that conforms to |
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the corresponding version of the OEM Java Language |
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Specification; (ii) is in the class file format defined by |
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the corresponding version of the OEM Java Virtual Machine |
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Specification; and (iii) executes properly on a reference |
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runtime, as specified by Sun, associated with such version |
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of the Java platform. |
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|
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2. You may only use the Java 2 Platform, Enterprise Edition |
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(J2EE), Platform Specification in accordance with the J2EE |
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Specification License set forth in the DistributionREADME. |
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You may only use the Java Platform Enterprise Edition 5 API |
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Documentation in accordance with the Java Platform |
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Enterprise Edition 5 Specification Licence set forth in the |
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DistributionREADME. |
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3. Java Technology Restrictions. You may not create, |
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modify, or change the behavior of, or authorize your |
|
licensees to create, modify, or change the behavior of, |
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classes, interfaces, or subpackages that are in any way |
|
identified as "java", "javax", "sun" or similar convention |
|
as specified by Sun in any naming convention designation. |
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4. Subject to the terms and conditions of this Agreement and |
|
restrictions and exceptions set forth in the Software's |
|
documentation, You may reproduce and distribute the Software |
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(and also portions of Software identified as Redistributable |
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in the documentation accompanying Software), provided that |
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you: |
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|
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(a) distribute the Software complete and unmodified and only |
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bundled as part of your Programs, |
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|
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(b) do not distribute additional software intended to |
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replace any component(s) of the Software, |
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|
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(c) do not remove or alter any proprietary legends or |
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notices contained in or on the Software. |
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(d) only distribute the Software subject to a license |
|
agreement that protects Sun's interests consistent with the |
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terms contained in this Agreement, and |
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|
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(e) agree to defend and indemnify Sun and its licensors from |
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and against any damages, costs, liabilities, settlement |
|
amounts and/or expenses (including attorneys' fees) incurred |
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in connection with any claim, lawsuit or action by any third |
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party that arises or results from the use or distribution of |
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any and all Programs and/or Software. |
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B. SOFTWARE LICENSE AGREEMENT |
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PLEASE READ THE TERMS OF THIS AGREEMENT ("AGREEMENT") |
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CAREFULLY. BY USING, REPRODUCING, DISTRIBUTING OR MODIFYING |
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THE SOFTWARE, YOU INDICATE THAT YOU AGREE TO AND ACCEPT ALL |
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OF ITS TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, |
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PROMPTLY UNINSTALL THE SOFTWARE AND PERMANENTLY DELETE ALL |
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FILES DOWNLOADED OR CREATED BY THE INSTALLATION OR, IF |
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SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" |
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(OR EQUIVALENT) BUTTON AT THE END OF THIS AGREEMENT. IF YOU |
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HAVE SEPARATELY AGREED TO LICENSE TERMS ("MASTER TERMS") FOR |
|
YOUR LICENSE TO THIS SOFTWARE, THEN SECTIONS 1-6 OF THIS |
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AGREEMENT ("SUPPLEMENTAL LICENSE TERMS") SHALL SUPPLEMENT |
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AND SUPERSEDE THE MASTER TERMS IN RELATION TO THIS SOFTWARE. |
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1. Definitions. |
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|
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(a) "Entitlement" means the collective set of applicable |
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documents authorized by Sun evidencing your obligation to |
|
pay associated fees (if any) for the license, associated |
|
Services, and the authorized scope of use of Software under |
|
this Agreement. |
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(b) "Licensed Unit" means the unit of measure by which your |
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use of Software and/or Service is licensed, as described in |
|
your Entitlement. |
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(c) "Permitted Use" means the licensed Software use(s) |
|
authorized in this Agreement as specified in your |
|
Entitlement. The Permitted Use for any bundled Sun software |
|
not specified in your Entitlement will be evaluation use as |
|
provided in Section 3. |
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(d) "Service" means the service(s) that Sun or its delegate |
|
will provide, if any, as selected in your Entitlement and as |
|
further described in the applicable service listings |
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at www.sun.com/service/servicelist. |
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(e) "Software" means the Sun software described in your |
|
Entitlement. Also, certain software may be included for |
|
evaluation use under Section 3. |
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(f) "You" and "Your" means the individual or legal entity |
|
specified in the Entitlement, or for evaluation purposes, |
|
the entity performing the evaluation. |
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2. License Grant and Entitlement. |
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|
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Subject to the terms of your Entitlement, Sun grants you a |
|
nonexclusive, nontransferable limited license to use |
|
Software for its Permitted Use for the license term. Your |
|
Entitlement will specify (a) Software licensed, (b) the |
|
Permitted Use, (c) the license term, and (d) the Licensed |
|
Units. |
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|
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Additionally, if your Entitlement includes Services, then it |
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will also specify the (e) Service and (f) service term. |
|
|
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If your rights to Software or Services are limited in |
|
duration and the date such rights begin is other than the |
|
purchase date, your Entitlement will provide that beginning |
|
date(s). |
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|
|
The Entitlement may be delivered to you in various ways |
|
depending on the manner in which you obtain Software and |
|
Services, for example, the Entitlement may be provided in |
|
your receipt, invoice or your contract with Sun or |
|
authorized Sun reseller. It may also be in electronic |
|
format if you download Software. |
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|
|
3. Permitted Use. |
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|
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As selected in your Entitlement, one or more of the |
|
following Permitted Uses will apply to your use of Software. |
|
Unless you have an Entitlement that expressly permits it, |
|
you may not use Software for any of the other Permitted |
|
Uses. If you don't have an Entitlement, or if your |
|
Entitlement doesn't cover additional software delivered to |
|
you, then such software is for your Evaluation Use. |
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|
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(a) Evaluation Use. You may evaluate Software internally for |
|
a period of 90 days from your first use. |
|
|
|
(b) Research and Instructional Use. You may use Software |
|
internally to design, develop and test, and also to provide |
|
instruction on such uses. |
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|
|
(c) Individual Use. You may use Software internally for |
|
personal, individual use. |
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|
|
(d) Commercial Use. You may use Software internally for |
|
your own commercial purposes. |
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|
(e) Service Provider Use. You may make Software |
|
functionality accessible (but not by providing Software |
|
itself or through outsourcing services) to your end users |
|
in an extranet deployment, but not to your affiliated |
|
companies or to government agencies. |
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|
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4. Licensed Units. |
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|
|
Your Permitted Use is limited to the number of Licensed |
|
Units stated in your Entitlement. If you require additional |
|
Licensed Units, you will need additional Entitlement(s). |
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|
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5. Restrictions. |
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|
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(a) The copies of Software provided to you under this |
|
Agreement is licensed, not sold, to you by Sun. Sun reserves |
|
all rights not expressly granted. (b) You may make a single |
|
archival copy of Software, but otherwise may not copy, |
|
modify, or distribute Software. However if the Sun |
|
documentation accompanying Software lists specific portions |
|
of Software, such as header files, class libraries, |
|
reference source code, and/or redistributable files, that |
|
may be handled differently, you may do so only as provided |
|
in the Sun documentation. (c) You may not rent, lease, lend |
|
or encumber Software. (d) Unless enforcement is prohibited |
|
by applicable law, you may not decompile, or reverse |
|
engineer Software. (e) The terms and conditions of this |
|
Agreement will apply to any Software updates, provided to |
|
you at Sun's discretion, that replace and/or supplement the |
|
original Software, unless such update contains a separate |
|
license. (f) You may not publish or provide the results of |
|
any benchmark or comparison tests run on Software to any |
|
third party without the prior written consent of Sun. |
|
(g) Software is confidential and copyrighted. (h) Unless |
|
otherwise specified, if Software is delivered with embedded |
|
or bundled software that enables functionality of Software, |
|
you may not use such software on a stand-alone basis or use |
|
any portion of such software to interoperate with any |
|
program(s) other than Software. (i) Software may contain |
|
programs that perform automated collection of system data |
|
and/or automated software updating services. System data |
|
collected through such programs may be used by Sun, its |
|
subcontractors, and its service delivery partners for the |
|
purpose of providing you with remote system services and/or |
|
improving Sun's software and systems. (j) Software is not |
|
designed, licensed or intended for use in the design, |
|
construction, operation or maintenance of any nuclear |
|
facility and Sun and its licensors disclaim any express or |
|
implied warranty of fitness for such uses. (k) No right, |
|
title or interest in or to any trademark, service mark, logo |
|
or trade name of Sun or its licensors is granted under this |
|
Agreement. |
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|
6. Java Compatibility and Open Source. |
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|
|
Software may contain Java technology. You may not create |
|
additional classes to, or modifications of, the Java |
|
technology, except under compatibility requirements |
|
available under a separate agreement available |
|
at www.java.net. |
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|
|
Sun supports and benefits from the global community of open |
|
source developers, and thanks the community for its |
|
important contributions and open standards-based technology, |
|
which Sun has adopted into many of its products. |
|
|
|
Please note that portions of Software may be provided with |
|
notices and open source licenses from such communities and |
|
third parties that govern the use of those portions, and any |
|
licenses granted hereunder do not alter any rights and |
|
obligations you may have under such open source licenses, |
|
however, the disclaimer of warranty and limitation of |
|
liability provisions in this Agreement will apply to all |
|
Software in this distribution. |
|
|
|
7. Term and Termination. |
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|
|
The license and service term are set forth in your |
|
Entitlement(s). Your rights under this Agreement will |
|
terminate immediately without notice from Sun if you |
|
materially breach it or take any action in derogation of |
|
Sun's and/or its licensors' rights to Software. Sun may |
|
terminate this Agreement should any Software become, or in |
|
Sun's reasonable opinion likely to become, the subject of a |
|
claim of intellectual property infringement or trade secret |
|
misappropriation. Upon termination, you will cease use of, |
|
and destroy, Software and confirm compliance in writing to |
|
Sun. Sections 1, 5, 6, 7, and 9-15 will survive termination |
|
of the Agreement. |
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|
|
8. Limited Warranty. |
|
|
|
Sun warrants to you that for a period of 90 days from the |
|
date of purchase, as evidenced by a copy of the receipt, |
|
the media on which Software is furnished (if any) will be |
|
free of defects in materials and workmanship under normal |
|
use. Except for the foregoing, Software is provided "AS IS". |
|
Your exclusive remedy and Sun's entire liability under this |
|
limited warranty will be at Sun's option to replace Software |
|
media or refund the fee paid for Software. Some states do |
|
not allow limitations on certain implied warranties, so the |
|
above may not apply to you. This limited warranty gives you |
|
specific legal rights. You may have others, which vary from |
|
state to state. |
|
|
|
9. Disclaimer of Warranty. |
|
|
|
UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED |
|
CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY |
|
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A |
|
PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, |
|
EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE |
|
LEGALLY INVALID. |
|
|
|
10. Limitation of Liability. |
|
|
|
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN |
|
OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR |
|
DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL |
|
OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY |
|
OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR |
|
INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF |
|
THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's |
|
liability to you, whether in contract, tort (including |
|
negligence), or otherwise, exceed the amount paid by you for |
|
Software under this Agreement. The foregoing limitations |
|
will apply even if the above stated warranty fails of its |
|
essential purpose. Some states do not allow the exclusion of |
|
incidental or consequential damages, so some of the terms |
|
above may not be applicable to you. |
|
|
|
11. Export Regulations. |
|
|
|
All Software, documents, technical data, and any other |
|
materials delivered under this Agreement are subject to U.S. |
|
export control laws and may be subject to export or import |
|
regulations in other countries. You agree to comply strictly |
|
with these laws and regulations and acknowledge that you |
|
have the responsibility to obtain any licenses to export, |
|
re-export, or import as may be required after delivery to |
|
you. |
|
|
|
12. U.S. Government Restricted Rights. |
|
|
|
If Software is being acquired by or on behalf of the U.S. |
|
Government or by a U.S. Government prime contractor or |
|
subcontractor (at any tier), then the Government's rights |
|
in Software and accompanying documentation will be only as |
|
set forth in this Agreement; this is in accordance with |
|
48 CFR 227.7201 through 227.7202-4 (for Department of |
|
Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 |
|
(for non-DOD acquisitions). |
|
|
|
13. Governing Law. |
|
|
|
Any action related to this Agreement will be governed by |
|
California law and controlling U.S. federal law. No choice |
|
of law rules of any jurisdiction will apply. |
|
|
|
14. Severability. |
|
|
|
If any provision of this Agreement is held to be |
|
unenforceable, this Agreement will remain in effect with the |
|
provision omitted, unless omission would frustrate the |
|
intent of the parties, in which case this Agreement will |
|
immediately terminate. |
|
|
|
15. Integration. |
|
|
|
This Agreement, including any terms contained in your |
|
Entitlement, is the entire agreement between you and Sun |
|
relating to its subject matter. It supersedes all prior or |
|
contemporaneous oral or written communications, proposals, |
|
representations and warranties and prevails over any |
|
conflicting or additional terms of any quote, order, |
|
acknowledgment, or other communication between the parties |
|
relating to its subject matter during the term of this |
|
Agreement. No modification of this Agreement will be |
|
binding, unless in writing and signed by an authorized |
|
representative of each party. |
|
|
|
Please contact Sun Microsystems, Inc. 4150 Network Circle, |
|
Santa Clara, California 95054 if you have questions. |
|
|
|
|
|
To use the software, you must review, accept and agree to |
|
the terms of the licenses listed above for the NetBeans |
|
software and its individual components.
|
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