Clearpath OS 2200 IDE for Eclipse software License Agreement

PLEASE NOTE  This Unisys Corporation (Unisys) Clearpath OS 2200 IDE for Eclipse software program includes Unisys software and third party software (collectively "Licensed Materials"), that are proprietary to Unisys and/or proprietary to any applicable third party owner.

PLEASE READ THESE LICENSE AGREEMENT TERMS CAREFULLY BEFORE USING THE LICENSED MATERIALS.  BY CLICKING THE ACCEPT BUTTON ASSOCIATE WITH THE USE OF THE LICENSED MATERIALS, YOU UNCONDITIONALLY ACCEPT THE LICENSE AGREEMENT TERMS.  IF YOU FAIL TO UNCONDITIONALLY AGREE WITH THE LICENSE AGREEMENT TERMS YOU WILL NOT BE AUTHORIZED TO USE THE LICENSED MATERIALS.

If you paid any amount to Unisys in consideration of the rights granted to you in the Licensed Materials under this License Agreement, and you do not unconditionally agree with the License Agreement terms, then promptly return the unused Licensed Materials along with all other materials provided to you with the Licensed Materials, to the Unisys address on your invoice, within sixty (60) days of invoice date, for a full refund of the fees paid by you for the Licensed Materials.  If you fail to unconditionally agree with the License Agreement terms and fail to return the Licensed Materials as described above, the fees paid by you for the Licensed Materials will be non-refundable and you will not be authorized to use the Licensed Materials.

Unisys and any applicable third party owner reserve all rights in the Licensed Materials, except those rights expressly granted to you under this License Agreement.

1. GRANT OF LICENSE.  Unisys grants to you a personal, non-transferable, non-exclusive, limited license and right to copy and use the Licensed Materials solely for your internal software development purposes.

2. LICENSE RESTRICTIONS.  Except as may be provided in Section 4 below, you may NOT: (1) modify the Licensed Materials or any part thereof; (2) remove or modify any copyright notices included on or with the Licensed Materials; (3) use the Licensed Materials except as expressly authorized in the License Agreement; (4) distribute, further license, rent or lease the Licensed Materials or any part thereof; (5) transfer the Licensed Materials or any part thereof to another party; or (6) reverse engineer, decompile, or disassemble the Licensed Materials or any part thereof (except to the minimum extent required to be permitted by an applicable law) .  Additionally, your right to copy the Licensed Materials as provided for in Section 1 above is limited to making copies for your own internal use and not for any redistribution, and any such copies are deemed Licensed Materials governed by the License Agreement. 

3. THIRD PARTY SOFTWARE.  For any third party software included in or with the Licensed Materials, you agree to look solely to any warranties or remedies provided by the third party software supplier or publisher.  You agree that Unisys will have no liability for any third party software that Unisys may include in or with the Licensed Software even if Unisys recommended the third party software to you.


4. Open Source, Third Party and Freeware Software Rights and Obligations.  NOTHING IN THIS LICENSE AGREEMENT SHALL RESTRICT OR OTHERWISE AFFECT ANY RIGHTS AND/OR OBLIGATIONS YOU MAY HAVE, OR CONDITIONS TO WHICH YOU MAY BE SUBJECT, UNDER:

(1)	ANY APPLICABLE OPEN SOURCE LICENSES TO ANY OPEN SOURCE SOFTWARE CONTAINED IN AND/OR PROVIDED WITH THE LICENSED MATERIALS; 
       
(2)	ANY THIRD-PARTY LICENSES, WHETHER OR NOT INCLUDED IN AND/OR WITH THE LICENSED MATERIALS, TO ANY THIRD PARTY SOFTWARE CONTAINED IN AND/OR PROVIDED WITH THE LICENSED MATERIALS; AND/OR
       
(3)	ANY FREEWARE LICENSES, WHETHER OR NOT INCLUDED IN AND/OR WITH THE LICENSED MATERIALS, TO ANY FREEWARE SOFTWARE CONTAINED IN AND/OR PROVIDED WITH THE LICENSED MATERIALS.  

IN THE EVENT OF ANY CONFLICT WITH ANY OTHER TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, THE TERMS OF THIS SECTION 4 SHALL PREVAIL.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.  The Licensed Materials include computer programs privately developed by and which are proprietary to Unisys and/or may be proprietary to one or more third parties.  These proprietary Unisys and/or third party computer programs are delivered to you as commercial computer software and commercial computer documentation within the meaning of the applicable acquisition regulation(s).  This License Agreement shall prescribe exclusively the Government's use and disclosure of such Unisys computer programs.

6. WARRANTY DISCLAIMER.  You agree to use the Licensed Materials at your own risk.  Unisys provides the Licensed Materials "AS IS", with all faults, and without any warranty of any kind.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNISYS DISCLAIMS ALL WARRANTIES OF ANY KIND RELATED TO THE LICENSED MATERIALS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. LIMITED LIABILITY FOR DAMAGES.  WITH RESPECT TO THE LICENSED MATERIALS, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UNISYS BE LIABLE TO YOU AND ANY OTHER PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL (INCLUDING WITHOUT LIMIATION ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE LICENSED MATERIALS, EVEN IF UNISYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. INDEMNIFICATION.  If you violate this License Agreement or any part thereof, you agree: (1) to pay the legal fees of Unisys to enforce the License Agreement; and (2) to defend, indemnify and hold Unisys harmless from any claims, lawsuits, damages, costs or expenses of any kind (including, without limitation, reasonable attorneys' fees) that arise out of, relate to or are the proximate result of any such violation.

9. SUPPORT AND UPDATES.  Except as otherwise agreed by Unisys pursuant to a separate service and/or maintenance agreement, Unisys is not obligated to provide any service or support for the Licensed Materials, including, without limitation, any fixes or corrections thereto ("Corrections").  Information regarding service and support for the Licensed Materials may be obtained by contacting your local Unisys sales representative.  Notwithstanding the foregoing, to the extent that you do obtain any Corrections from Unisys, you agree that such Corrections are part of the Licensed Materials governed by this License Agreement.

10. EXPORT.  You agree that you do not intend to, and that you will not, directly or indirectly, export or re-export the Licensed Materials, any part thereof, to any country, entity, national or resident to which such export or re-export is restricted or prohibited by applicable U.S. laws, regulations or statutes (including, without limitation, any country under an embargo of the United States Government, any national or resident of any such embargoed country; or anyone on the applicable U.S. Government's list of Specially Designated Nationals or Table of Denial Orders), without the prior written consent, if required, of the applicable U.S. Government agency as may have jurisdiction over such export or re-export, and that any such export or re-export shall in all cases be done in complete compliance with all applicable U.S. laws, regulations and/or statutes.

11. AUDIT.  Upon reasonable, advanced notification, you agree to permit Unisys to inspect and audit your applicable facilities, computers and records to ensure compliance with the terms of the License Agreement.  If an audit discovers noncompliance with any of the License Agreement terms, you agree to reimburse Unisys for all expenses incurred by Unisys associated with the audit, and any such reimbursement shall not preclude Unisys from seeking any other remedies available to Unisys under the License Agreement or at law.

12. ASSIGNMENT.  All of the terms of the License Agreement shall be binding upon, inure to the benefit of, and be enforceable by the respective successors and permitted assigns of the parties hereto.  Except as specifically stated in the License Agreement, neither the License Agreement nor any of the rights, interests or obligations of either party hereunder may be assigned or delegated by either party hereto without the prior written consent of the other, which shall not be unreasonably withheld.  Any unauthorized assignment or delegation shall be null and void.  Notwithstanding the foregoing, either party may assign or otherwise transfer its rights and obligations to successors in interest (whether by purchase of stock or assets, merger, operation of law, or otherwise) of that portion of its business related to the subject matter hereof.

13. WAIVER.  The failure of either party to insist, in any one or more instances, upon the performance of any of the terms, covenants or conditions of the License Agreement, or to exercise any right hereunder, shall not be construed as a waiver of the future performance of any such term, covenant or condition or the future exercise of such right.

14. SEVERABILITY. If any court should find any particular provision of the License Agreement void, illegal, or not fully unenforceable, then that provision shall be enforced to the maximum extent permitted by the applicable law, and any illegal and/or unenforceable provisions shall be regarded as stricken from the License Agreement and the remainder of the License Agreement shall remain in full force and effect.

15. INDEPENDENT CONTRACTORS. It is agreed that the relationship between the parties is that of independent contractors, and nothing contained in the License Agreement shall be construed or implied to create a relationship other than that of independent contractors.

16. GOVERNING LAW.  The local law of the Commonwealth of Pennsylvania (excluding its conflict of law provisions) shall apply to the formation, performance, validity, rights, and interpretation of the License Agreement.  The parties agree that the United Nations Convention on Contracts for International Sale of Goods (CISG) shall not apply to the License Agreement.  This Agreement and any actions, communications or proceedings thereunder shall be construed and interpreted in the English language.

17. ENTIRE AGREEMENT. This License Agreement states the entire agreement between the parties with respect to the subject matter hereof and shall supersede all previous proposals, negotiations, representations, commitments, writings, agreements and other communications, both oral and written, between the parties.  This License Agreement may not be released, discharged, changed or modified except by an instrument in writing signed by a duly authorized representative of each of the parties.

Unisys is a registered trademark of Unisys Corporation in the United States and other countries.

All other brands and products referenced in this document are acknowledged to be the trademarks or registered trademarks of their respective holders.

For additional third party license terms, refer to "Third Party License and Attribution Document for ClearPath OS 2200 IDE for Eclipse" available from the Unisys Support Site.

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The Unisys CA Plug-in includes an unmodified version of the jboss-j2ee.jar
which is part of the JBOSS Application Server. This product is released under
the LGPL license, which is included below.


 GNU LESSER GENERAL PUBLIC LICENSE
		       Version 3, 29 June 2007

Copyright  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.

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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.

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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:

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