Capacity_Planning_Performance

Capacity_Planning_Performance_Tuning

You can view the End User License Agreement and all Third Party Product Licenses in the Console > Help > About screen of the Analyzer user Interface.

This appendix details the following licensing agreements:

End User Software License Agreement

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SONICWALL PRODUCT. BY INSTALLING OR USING THE SONICWALL PRODUCT, YOU (AS THE CUSTOMER, OR IF NOT THE CUSTOMER, AS A REPRESENTATIVE/AGENT AUTHORIZED TO BIND THE CUSTOMER) INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT FOR AND ON BEHALF OF THE CUSTOMER. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT USE THE PRODUCT AND RETURN IT TO THE PLACE OF PURCHASE WITH PROOF OF PURCHASE WITHIN THIRTY (30) DAYS OF PURCHASE FOR A REFUND. IF YOU DO PROCEED TO INSTALL OR USE THE SONICWALL PRODUCT, YOU WILL HAVE INDICATED ACCEPTANCE AND AGREEMENT WITH THE TERMS AND CONDITIONS HEREIN. NOTWITHSTANDING THE FOREGOING, THIS AGREEMENT SHALL NOT SUPERSEDE ANY OTHER SIGNED AGREEMENT BETWEEN YOU AND SONICWALL THAT EXPRESSLY GOVERNS USE OF THE SONICWALL PRODUCT. IN INSTANCES WHERE YOU PURCHASE THROUGH A RESELLER OR DISTRIBUTOR, FINAL PRICES AND TERMS AND CONDITIONS OF SALE, INCLUDING WITHOUT LIMITATION ANY TERMS REGARDING PAYMENT OR RETURNS, WILL BE AS AGREED BETWEEN YOU AND THE THIRD PARTY FROM WHICH YOU MAKE SUCH PURCHASES; HOWEVER, THE TERMS SET FORTH HEREIN REGARDING YOUR USE OF THE SOFTWARE REMAIN APPLICABLE.

"Product" means the SonicWALL labeled hardware and related documentation ("Hardware") and/or proprietary SonicWALL labeled software, firmware and related documentation ("Software") purchased by you (“Customer” or “you”) either directly from SonicWALL or a Reseller. “Services” means the Support Services described below and any other services provided with or for the Products directly by SonicWALL or its agents. “Reseller” shall mean those entities to which SonicWALL or SonicWALL’s authorized distributors distribute the Products for resale to end users. Except as otherwise agreed upon by the parties, this Agreement will also cover any updates and upgrades to the Products provided to Customer by SonicWALL directly or through a Reseller (except as may be otherwise indicated, such updates and upgrades shall be deemed Products).

1. LICENSE(S) AND RESTRICTIONS

a. Licenses—Subject to the terms and conditions of this Agreement, SonicWALL grants to Customer, and Customer accepts from SonicWALL, a nonexclusive, non-transferable (except as otherwise set forth herein) and non-sublicensable license (“License”) to: (i) execute and use the Software on the Hardware with which the Software is provided (pre-installed) in accordance with the applicable Documentation; and, (ii) for Software provided in standalone form (without Hardware), install, execute and use the Software on the Hardware or hardware device(s) on which it is intended to be used in accordance with the applicable Documentation and the License purchased. If Customer purchased multiple copies of standalone Software, Customer’s License to such standalone Software includes the right to install, use and execute up to the number of copies of Software Licenses purchased.

In addition, the License includes the right to (x) make a reasonable number of additional copies of the Software to be used solely for non-productive archival purposes, and (y) make and use copies of the end user documentation for Hardware and/or Software provided with the Products (“Documentation”) as reasonably necessary to support Customer’s authorized users in their use of the Products.

b. License Limitations—Order acknowledgments, Documentation and/or the particular type of the Products/Licenses purchased by Customer may specify limits on Customer’s use of the Software, and which limits apply to the License(s) granted hereunder for such Software. Such limits may consist of limiting the number of copies of the Software, the term of the License, or the number or amount of nodes, storage space, sessions, calls, users, subscribers, clusters, devices, ports, bandwidth, throughput or other elements, and/or require the purchase of separate Licenses to use or obtain particular features, functionalities, services, applications or other items. Use of the Software shall be subject to all such limitations.

c. For Customer’s Internal Business—Each License shall be used by Customer solely to manage its own internal business operations as well as the business operations of its Affiliates. Notwithstanding the foregoing, if Customer is in the regular business of providing firewall, VPN or security management for a fee to entities that are not its Affiliates (“MSP Customers”), Customer may use the Products for its MSP Customers provided that either (i) Customer, and not MSP Customers, maintain control and possession of the Products, and (ii) MSP Customers do not use the Software. if MSP Customers have possession and/or control of Products in whole or in part, this Agreement must be provided to MSP Customers and they must agree that their use of the Products is subject to the terms and conditions of this Agreement. Customer will not provide, make available to, or permit use of the Software in whole or in part by, any third party, including MSP Customers and contractors, without SonicWall's prior written consent, unless such use by the third party is solely on Customer’s behalf, is strictly in compliance with the terms and conditions of this Agreement, and Customer is liable for any breach of this Agreement by such third party. Customer agrees to indemnify and hold SonicWALL harmless from and against any claims by MSP Customers against SonicWALL relating to the Products and/or Customer’s services for MSP Customers. “Affiliate” means any legal entity controlled by a party to this Agreement, but only for so long as such control relationship exists.

d. Evaluation License—If the Software is provided by SonicWALL or a Reseller at no charge for evaluation purposes, then Section 1(a) above shall not apply to such Software and instead Customer is granted a non-production License to use such Software and the associated documentation solely for Customer’s own internal evaluation purposes for an evaluation period of up to thirty (30) days from the date of delivery of the Software, plus any extensions granted by SonicWALL in writing (the "Evaluation Period"). There is no fee for Customer’s use of the Software for nonproduction evaluation purposes during the Evaluation Period, however, Customer is responsible for any applicable shipping charges or taxes which may be incurred, and any fees which may be associated with usage beyond the scope permitted herein. NOTWITHSTANDING ANYTHING OTHERWISE SET FORTH IN THIS AGREEMENT, CUSTOMER UNDERSTANDS AND AGREES THAT EVALUATION SOFTWARE IS PROVIDED “AS IS” AND THAT SONICWALL DOES NOT PROVIDE A WARRANTY OR MAINTENANCE SERVICES FOR EVALUATION LICENSES, AND SONICWALL BEARS NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE EVALUATION SOFTWARE THROUGH AND AFTER THE EVALUATION PERIOD AND HAS NO DUTY TO PROVIDE SUPPORT TO CUSTOMER.

e. Restrictions—Customer may not (i) modify, translate, localize, adapt, rent, lease, loan, create or prepare derivative works of, or create a patent based on the Software or any part thereof, (ii) make copies except as expressly authorized under this Agreement, (iii) copy the Software onto any public or distributed network, (iv) modify or resell the Software, use the Software in connection with the operation of any nuclear facilities, or use for purposes which are competitive to SonicWALL, or (v) except as expressly authorized in Section 2(c) above, operate the Software for use in any time-sharing, outsourcing, service bureau or application service provider type environment. Unless and except to the extent authorized in the applicable Documentation, Software provided with and/or as the Product, in part or whole, is licensed for use only in accordance with the Documentation as part of the Product, and Software components making up a Product may not be separated from, nor used on a separate or standalone basis from the Product. Each permitted copy of the Software and Documentation made by Customer hereunder must contain all titles, trademarks, copyrights and restricted rights notices as in the original. Customer understands and agrees that the Products may work in conjunction with third party products and Customer agrees to be responsible for ensuring that it is properly licensed to use such third party products. Any Software provided in object code form is licensed hereunder only in object code form. Except to the extent allowed by applicable law if located in the European Union, and then only with prior written notice to SonicWALL, Customer shall not disassemble, decompile or reverse engineer the Software in whole or in part or authorize others to do so. Customer agrees not to use the Software to perform comparisons or other "benchmarking" activities, either alone or in connection with any other software or service, without SonicWALL’s written permission; or publish any such performance information or comparisons.

f. Third Party Software—There may be certain third party owned software provided along with, or incorporated within, the Products (“Third Party Software”). Except as set forth below, such Third Party Software shall be considered Software governed by the terms and conditions of this Agreement. However, some Products may contain other Third Party Software that is provided with a separate license agreement, in which case such Third Party Software will be governed exclusively by such separate license agreement ("Third Party License") and not this Agreement. Any such Third Party Software that is governed by a Third Party License, and not this Agreement, will be identified on the applicable Product page on SonicWALL’s website and/or in a file provided with the Product. Except as SonicWALL may otherwise inform Customer in writing, the Third Party License gives Customer at least the license rights granted above, and may provide additional license rights as to the Third Party Software, but only with respect to the particular Third Party Software to which the Third Party License applies. SUCH THIRD PARTY SOFTWARE UNDER A THIRD PARTY LICENSE IS PROVIDED WITHOUT ANY WARRANTY FROM SONICWALL AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Notwithstanding the foregoing, SonicWALL shall honor its warranty, maintenance and support obligations in respect to the SonicWALL Products regardless of whether the warranty, maintenance or support issue is caused in whole or in part by the Third Party Software provided by SonicWALL with the Product.

g. Updates/Upgrades—If Customer purchases or otherwise is eligible to receive a Software update or upgrade, you must be properly licensed to use the Product identified by SonicWALL as being eligible for the update/upgrade in order to install and use the Software update/upgrade. A Software update/ upgrade replaces and/or supplements the Software Product that formed the basis for your eligibility for the update/upgrade, and does not provide you an additional License (copy) of the Software to use separately from the Software Product to be updated/upgraded. You may use the resulting updated/upgraded Product only in accordance with the terms of this Agreement.

h. Activation Keys May Expire—Certain Products, including Security Services that provide regular ongoing updates for Software (e.g., Security Service consisting of anti-virus signature updates), may come with an activation key or license key (a key that must be entered to activate the Product, “Activation Key”). If the Activation Key for a Product is not activated within five (5) years from the date of issuance by SonicWALL, such Activation Key(s) may expire and no longer activate the Product. Products that come with an expiring Activation Key will operate for the contracted term of the License (or purchased Security Service), so long as the Activation Key is activated within five (5) years from SonicWALL’s date of issuance.

9. OWNERSHIP

SonicWALL and its licensors are the sole and exclusive owners of the Software, and all underlying intellectual property rights in the Hardware. All rights not expressly granted to Customer are reserved by SonicWALL and its licensors.

10. TERMINATION OF LICENSE(S)

All licenses to the Software hereunder shall terminate if Customer fails to comply with any of the provisions of this Agreement and does not remedy such breach within thirty (30) days after receiving written notice from SonicWALL. Customer agrees upon termination to immediately cease using the Software and to destroy all copies of the Software which may have been provided or created hereunder.

11. SUPPORT SERVICES

SonicWALL’s current Support Service offerings (“Support Services”) and the terms and conditions applicable to such Support Services are set forth in SonicWALL’s Support Services Terms located http://www.sonicwall.com/us/support/Services.html and are incorporated herein by reference. Support Services may require an additional fee. Unless otherwise agreed to in writing, SonicWALL’s Support Services are subject to SonicWALL’s Support Services Terms which are in effect at the time the Support Services are purchased by Customer, and these terms and conditions will be incorporated herein by reference at that time. SonicWALL reserves the right to change the Support Services Terms from time to time by posting such changes on its website, which shall apply to any Support Services purchased on or after the date of such posting.

12. SONICWALL WARRANTY

a. Warranty—SonicWALL warrants to Customer (original purchaser Customer only) that for the applicable warranty period (“Warranty Period”) the Hardware will be free from any material defects in materials or workmanship and the Software, if any, will substantially conform to the Documentation applicable to the Software and the License purchased (“Limited Warranty”). Except as may indicated otherwise in writing by SonicWALL, the Warranty Period for Hardware is one year from the date of registration of the Hardware Product (or if sooner, seven days after initial delivery of the Hardware Product to Customer), and the applicable warranty period for Software is ninety days from the date of registration of the Software Product (or if sooner, seven days after initial delivery/download) of the Software Product to/by Customer. SonicWALL does not warrant that use of the Product(s) will be uninterrupted or error free nor that SonicWALL will correct all errors. The Limited Warranty shall not apply to any non-conformance (i) that SonicWALL cannot recreate after exercising commercially reasonable efforts to attempt to do so; (ii) caused by misuse of the Product or by using the Product in a manner that is inconsistent with this Agreement or the Documentation; (iii) arising from the modification of the Products by anyone other than SonicWALL; or (iv) caused by any problem or error in third party software or hardware not provided by SonicWALL with the Product regardless of whether or not the SonicWALL Product is designed to operate with such third party software or hardware. SonicWALL's sole obligation and Customer's sole and exclusive remedy under any express or implied warranties hereunder shall be for SonicWALL to use commercially reasonable efforts to provide error corrections and/or, if applicable, repair or replace parts in accordance with SonicWALL’s Support Services Terms. Customer shall have no rights or remedies under this Limited Warranty unless SonicWALL receives Customer’s detailed written warranty claim within the applicable warranty period.

b. Disclaimer—EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SONICWALL HEREBY DISCLAIMS ON BEHALF OF ITSELF, ITS SUPPLIERS, DISTRIBUTORS AND RESELLERS ALL WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, APPLICABLE TO THE PRODUCTS, SERVICES AND/OR THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

3. LIMITATION OF LIABILITY

The Products are not designed, manufactured, authorized or warranted to be suitable for use in any system where a failure of such system could result in a situation that threatens the safety of human life, including without limitation any such medical, life support, aviation or nuclear applications. Any such use and subsequent liabilities that may arise from such use are totally the responsibility of Customer, and all liability of SonicWALL, whether in contract, tort (including without limitation negligence) or otherwise in relation to the same is excluded. Customer shall be responsible for mirroring its data, for backing it up frequently and regularly, and for taking all reasonable precautions to prevent data loss or corruption. SonicWALL shall not be responsible for any system downtime, loss or corruption of data or loss of production. NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONICWALL, ITS SUPPLIERS, DISTRIBUTORS OR RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST OR CORRUPTED DATA, LOST PROFITS OR SAVINGS, LOSS OF BUSINESS, REPUTATION, GOODWILL OR OTHER ECONOMIC LOSS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PRODUCTS OR THE SERVICES, WHETHER OR NOT BASED ON TORT, CONTRACT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SONICWALL HAS BEEN ADVISED OR KNEW OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SONICWALL'S MAXIMUM LIABILITY TO CUSTOMER ARISING FROM OR RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS RECEIVED BY SONICWALL FOR THE PRODUCTS AND THE SERVICES PURCHASED BY CUSTOMER, PROVIDED THAT WHERE ANY CLAIM AGAINST SONICWALL RELATES TO PARTICULAR PRODUCTS AND/OR SERVICES, SONICWALL'S MAXIMUM LIABILITY SHALL BE LIMITED TO THE AGGREGATE AMOUNT RECEIVED BY SONICWALL IN RESPECT OF THE PRODUCTS AND/OR SERVICES PURCHASED BY CUSTOMER AFFECTED BY THE MATTER GIVING RISE TO THE CLAIM. (FOR MAINTENANCE SERVICES OR A PRODUCT SUBJECT TO RECURRING FEES, THE LIABILITY SHALL NOT EXCEED THE AMOUNT RECEIVED BY SONICWALL FOR SUCH MAINTENANCE SERVICE OR PRODUCT PURCHASED BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM).

CUSTOMER EXPRESSLY AGREES TO THE ALLOCATION OF LIABILITY SET FORTH IN THIS SECTION, AND ACKNOWLEDGES THAT WITHOUT ITS AGREEMENT TO THESE LIMITATIONS, THE PRICES CHARGED FOR THE PRODUCTS AND SERVICES WOULD BE HIGHER.

4. GOVERNMENT RESTRICTIONS

Customer agrees that the Products provided under this Agreement, which may include technology and encryption, are subject to the customs and export control laws and regulations of the United States, may be rendered or performed either in the U.S., in countries outside the U.S., or outside of the borders of the country in which Customer or Customer’s system is located, and may also be subject to the customs and export laws and regulations of the country in which the Products are rendered or received. Customer agrees to abide by those laws and regulations. Customer agrees that it will not export or re-export the Products without SonicWALL's prior written consent, and then only in compliance with all requirements of applicable law, including but not limited to U.S. export control regulations. Customer has the responsibility to obtain any required licenses to export, re-export or import the Products. Customer shall defend, indemnify and hold SonicWALL and its suppliers harmless from any claims arising out of Customer’s violation of any export control laws relating to any exporting of the Products. By accepting this Agreement and receiving the Products, Customer confirms that it and its employees and agents who may access the Products are not listed on any governmental export exclusion lists and will not export or re-export the Products to any country embargoed by the U.S. or to any specially denied national (SDN) or denied entity identified by the U.S. Applicable export restrictions and exclusions are available at the official web site of the U.S. Department of Commerce Bureau of Industry and Security (www.bis.doc.gov). For purchase by U.S. governmental entities, the technical data and computer software in the Products are commercial technical data and commercial computer software as subject to FAR Sections 12.211, 12.212, 27.405-3 and DFARS Section 227.7202. The rights to use the Products and the underlying commercial technical data and computer software is limited to those rights customarily provided to the public purchasers as set forth in this Agreement. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

5. GENERAL

a. Governing Law and Venue—This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws principles that would require the application of laws of a different state. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated. Any action seeking enforcement of this Agreement or any provision hereof shall be brought exclusively in the state or federal courts located in the County of Santa Clara, State of California, United States of America. Each party hereby agrees to submit to the jurisdiction of such courts. Notwithstanding the foregoing, SonicWALL is entitled to seek immediate injunctive relief in any jurisdiction in the event of any alleged breach of Section 1 and/or to otherwise protect its intellectual property.

b. Assignment—Except as otherwise set forth herein, Customer shall not, in whole or part, assign or transfer any part of this Agreement or any rights hereunder without the prior written consent of SonicWALL. Any attempted transfer or assignment by Customer that is not permitted by this Agreement shall be null and void. Any transfer/assignment of a License that is permitted hereunder shall require the assignment/transfer of all copies of the applicable Software along with a copy of this Agreement, the assignee must agree to all terms and conditions of this Agreement as a condition of the assignment/transfer, and the License(s) held by the transferor Customer shall terminate upon any such transfer/assignment.

c. Severability—If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, such provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.

d. Privacy Policy—Customer hereby acknowledges and agrees that SonicWALL’s performance of this Agreement may require SonicWALL to process or store personal data of Customer, its employees and Affiliates, and to transmit such data within SonicWALL or to SonicWALL Affiliates, partners and/or agents. Such processing, storage, and transmission may be used for the purpose of enabling SonicWALL to perform its obligations under this Agreement, and as described in SonicWALL’s Privacy Policy (www.SonicWALL.com/us/Privacy_Policy.html, “Privacy Policy”) and may take place in any of the countries in which SonicWALL and its Affiliates conduct business. SonicWALL reserves the right to change the Privacy Policy from time to time as described in the Privacy Policy.

e. Notices—All notices provided hereunder shall be in writing, delivered personally, or sent by internationally recognized express courier service (e.g., Federal Express), addressed to the legal department of the respective party or to such other address as may be specified in writing by either of the parties to the other in accordance with this Section.

f. Disclosure of Customer Status—SonicWALL may include Customer in its listing of customers and, upon written consent by Customer, announce Customer's selection of SonicWALL in its marketing communications.

g. Waiver—Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation described therein. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

h. Force Majeure—Each party will be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and power failures.

i. Audit—Customer shall maintain accurate records to verify compliance with this Agreement. Upon request by SonicWALL, Customer shall furnish (a copy of) such records to SonicWALL and certify its compliance with this Agreement.

j. Headings—Headings in this Agreement are for convenience only and do not affect the meaning or interpretation of this Agreement. This Agreement will not be construed either in favor of or against one party or the other, but rather in accordance with its fair meaning. When the term “including” is used in this Agreement it will be construed in each case to mean “including, but not limited to.”

k. Entire Agreement—This Agreement is intended by the parties as a final expression of their agreement with respect to the subject matter hereof and may not be contradicted by evidence of any prior or contemporaneous agreement unless such agreement is signed by both parties. In the absence of such an agreement, this Agreement shall constitute the complete and exclusive statement of the terms and conditions and no extrinsic evidence whatsoever may be introduced in any judicial proceeding that may involve the Agreement. This Agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein. This Agreement may be modified only through a written instrument signed by both parties.

Apache Licensing Agreement

This product may include Apache Tomcat, licensed under the Apache License Version 2.0.

Version 2.0, January 2004

http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

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– License—shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.

– Licensor—shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.

– Legal Entity—shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

– You (or Your)—shall mean an individual or Legal Entity exercising permissions granted by this License.

– Source—form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.

– Object—form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.

– Work—shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).

– Derivative Works—shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

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c. You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and

d. If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places:ithin a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.

You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions—Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks—This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty—Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) 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. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability—In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability—While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

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For the Eclipse JDT Java compiler:

Eclipse Public License - v 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

Contribution—means:

a. in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and

b. in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

– Contributor—means any person or entity that distributes the Program.

– Licensed Patents—mean patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

– Program—means the Contributions distributed in accordance with this Agreement.

– Recipient—means anyone who receives the Program under this Agreement, including all Contributors.

3. GRANT OF RIGHTS

a. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

b. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

c. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

d. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

5. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a. it complies with the terms and conditions of this Agreement; and

b. its license agreement: i) effectively disclaims on behalf of all Contributors all warranties and conditions, express and implied, including warranties or conditions of title and non-infringement, and implied warranties or conditions of merchantability and fitness for a particular purpose; ii) effectively excludes on behalf of all Contributors all liability for damages, including direct, indirect, special, incidental and consequential damages, such as lost profits; iii) states that any provisions which differ from this Agreement are offered by that Contributor alone and not by any other party; and iv) states that source code for the Program is available from such Contributor, and informs licensees how to obtain it in a reasonable manner on or through a medium customarily used for software exchange.

When the Program is made available in source code form:

a. it must be made available under this Agreement; and

b. a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

3. 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.

4. 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.

5. 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.

6. 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.

For the Windows Installer component:

– All NSIS source code, plug-ins, documentation, examples, header files and graphics, with the exception of the compression modules and where otherwise noted, are licensed under the zlib/libpng license.

– The zlib compression module for NSIS is licensed under the zlib/libpng license.

– The bzip2 compression module for NSIS is licensed under the bzip2 license.

– The lzma compression module for NSIS is licensed under the Common Public License version 1.0.

zlib/libpng license

This software is provided 'as-is', without any express or implied warranty. In no event will the authors be held liable for any damages arising from the use of this software.

Permission is granted to anyone to use this software for any purpose, including commercial applications, and to alter it and redistribute it freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

2. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

3. This notice may not be removed or altered from any source distribution.

bzip2 license

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. The origin of this software must not be misrepresented; you must not claim that you wrote the original software. If you use this software in a product, an acknowledgment in the product documentation would be appreciated but is not required.

3. Altered source versions must be plainly marked as such, and must not be misrepresented as being the original software.

4. The name of the author may not be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE AUTHOR ``AS IS AND ANY EXPRESS OR IMPLIEDWARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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.

Julian Seward, Cambridge, UK.

jseward@acm.org

Common Public License version 1.0

THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS COMMON PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT.

1. DEFINITIONS

Contribution—means:

a. in the case of the initial Contributor, the initial code and documentation distributed under this Agreement, and:

a. in the case of each subsequent Contributor: i) changes to the Program, and ii) additions to the Program; where such changes and/or additions to the Program originate from and are distributed by that particular Contributor. A Contribution 'originates' from a Contributor if it was added to the Program by such Contributor itself or anyone acting on such Contributor's behalf. Contributions do not include additions to the Program which: (i) are separate modules of software distributed in conjunction with the Program under their own license agreement, and (ii) are not derivative works of the Program.

– Contributor—means any person or entity that distributes the Program.

– Licensed Patents—means patent claims licensable by a Contributor which are necessarily infringed by the use or sale of its Contribution alone or when combined with the Program.

– Program—means the Contributions distributed in accordance with this Agreement.

– Recipient—means anyone who receives the Program under this Agreement, including all Contributors.

2. GRANT OF RIGHTS

c. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.

d. Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free patent license under Licensed Patents to make, use, sell, offer to sell, import and otherwise transfer the Contribution of such Contributor, if any, in source code and object code form. This patent license shall apply to the combination of the Contribution and the Program if, at the time the Contribution is added by the Contributor, such addition of the Contribution causes such combination to be covered by the Licensed Patents. The patent license shall not apply to any other combinations which include the Contribution. No hardware per se is licensed hereunder.

e. Recipient understands that although each Contributor grants the licenses to its Contributions set forth herein, no assurances are provided by any Contributor that the Program does not infringe the patent or other intellectual property rights of any other entity. Each Contributor disclaims any liability to Recipient for claims brought by any other entity based on infringement of intellectual property rights or otherwise. As a condition to exercising the rights and licenses granted hereunder, each Recipient hereby assumes sole responsibility to secure any other intellectual property rights needed, if any. For example, if a third party patent license is required to allow Recipient to distribute the Program, it is Recipient's responsibility to acquire that license before distributing the Program.

f. Each Contributor represents that to its knowledge it has sufficient copyright rights in its Contribution, if any, to grant the copyright license set forth in this Agreement.

7. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form under its own license agreement, provided that:

a. it complies with the terms and conditions of this Agreement; and

When the Program is made available in source code form:

a. it must be made available under this Agreement; and

b. a copy of this Agreement must be included with each copy of the Program.

Contributors may not remove or alter any copyright notices contained within the Program.

Each Contributor must identify itself as the originator of its Contribution, if any, in a manner that reasonably allows subsequent Recipients to identify the originator of the Contribution.

3. COMMERCIAL DISTRIBUTION

4. 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.

5. DISCLAIMER OF LIABILITY

6. GENERAL

provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.

If Recipient institutes patent litigation against a Contributor with respect to a patent applicable to software (including a cross-claim or counterclaim in a lawsuit), then any patent licenses granted by that Contributor to such Recipient under this Agreement shall terminate as of the date such litigation is filed. In addition, 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.

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. IBM is the initial Agreement Steward. IBM 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.

Special exception for LZMA compression module

Igor Pavlov and Amir Szekely, the authors of the LZMA compression module for NSIS, expressly permit you to statically or dynamically link your code (or bind by name) to the files from the LZMA compression module for NSIS without subjecting your linked code to the terms of the Common Public license version 1.0. Any modifications or additions to files from the LZMA compression module for NSIS, however, are subject to the terms of the Common Public License version 1.0.