IMPORTANT--Read this carefully. By using the accompanying Software and Documentation in any way, you indicate your acceptance of the AAA+ Software License Agreement.
This is a legal agreement between you, the end user, and AAA+ Software Forschungs- und Entwicklungs-GmbH, Vienna, Austria (AAA+). AAA+ is willing to license the software to you only on the condition that you accept all the terms contained in this agreement. By installing or using the Software in any way, you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may not install or use the Software.
Certain portions of the code are subject to other licenses. Click here for details of the other licenses.
This Agreement has 3 parts. Part I applies if you have a free of charge evaluation license to the Software. Part II applies if you have purchased a license to the Software. Part III applies to all license grants. If you initially acquired a copy of the Software free of charge and you wish to purchase a license, contact AAA+ Software ("AAA+") on the Internet at http://www.aaa-plus.com.
Part I - Free Evaluation License:
LICENSE GRANT. AAA+ grants you a non-exclusive license to use the Software free of charge if your use of the Software is for the purpose of evaluating whether to purchase an ongoing license to the Software only. Although no strict limit is imposed such evaluation should not take longer than two weeks under normal circumstances and use. As long as you fulfill the requirements above, you may use the Software in the manner described in Part III below under "Scope of Grant." If you continue using the software after careful evaluation, license fees are required.
DISCLAIMER OF WARRANTY. Free of charge Software is provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties that the Software is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective in any respect, you and not AAA+ or its suppliers assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Software without payment of license fees to AAA+ is authorized hereunder except under this Disclaimer.
Part II - Terms applicable when license fees have been paid:
LICENSE GRANT. Subject to payment of applicable license fees, AAA+ grants to you a non-exclusive license to use the Software and accompanying documentation ("Documentation") in the manner described in Part III below under "Scope of Grant." Unless you have entered a specific agreement to the contrary with AAA+, the license granted under this Agreement does not grant you any right to any enhancement or update to the Software.
LIMITED WARRANTY. AAA+ warrants that for a period of sixty (60) days from the date of acquisition, the Software, if operated as directed, will substantially achieve the functionality described in the Documentation. AAA+ does not warrant, however, that your use of the Software will be uninterrupted or that the operation of the Software will be error-free. AAA+ also warrants that the media containing the Software, if provided by AAA+, is free from defects in material and workmanship and will so remain for sixty (60) days from the date you acquired the Software.
Only if you inform AAA+ of your problem with the Software during the applicable warranty period and provide evidence of the date you purchased a license to the Software will AAA+ be obligated to honor this warranty.
This limited warranty is void (i) if you modify the Software; (ii) if the media is subjected to accident, abuse, or improper use; or (iii) if you violate any of the terms of this Agreement. Moreover, this warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY MADE BY AAA+ OR ITS SUPPLIERS. AAA+ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, AGENT, OR EMPLOYEE OF AAA+ IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
CUSTOMER REMEDIES. AAA+'s sole liability for any breach of the limited warranty and your exclusive remedy shall be, in the sole discretion of AAA+ to: (i) replace your defective media or Software; or (ii) advise you how to achieve substantially the same functionality with the Software as described in the Documentation through a procedure different from that set forth in the Documentation; or (iii) to refund the license fee you paid for the Software. Repaired, corrected, or replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after (a) the date of delivery to you of the repaired or replaced Software, or (b) the date of AAA+ advising you on how to operate the Software so as to achieve substantially the same functionality as described in the Documentation.
Part III - Terms applicable to all types of licenses:
SCOPE OF LICENSE GRANT.
If a license has been granted to you for use on a specific computer, you may use the software only on this specific computer. Otherwise you may use the software within the specific limitations of the license you acquired. You may install the software physically on a network file server or on a single computer. Such installation of the software is not considered a use of the software under this clause.
If a license has been granted to you for use on a specific computer and you want to transfer it to another computer, you may request a new license for this other computer from AAA+ free of charge. As soon as AAA+ responds to your request by granting you a new license for this other specific computer, the original license immediately terminates.
You may make copies of the Software for archival purposes only, provided each copy contains all of the proprietary notices of the original Software.
You may not (i) permit other individuals to use the Software except under the terms listed above, (ii) permit concurrent use of the Software on a specific computer by multiple persons, (iii) modify, translate, reverse engineer, decompile, disassemble (except and solely to the extent an applicable statute expressly and specifically prohibits such restrictions), or create derivative works based on the Software; (iv) copy the Software other than as specified above; (v) rent, lease, grant a security interest in, or otherwise transfer rights to the Software; (vi) remove any proprietary notices or labels on the Software.
TITLE. Title, ownership rights, and intellectual property rights in the Software shall remain with AAA+ and/or its suppliers. The Software is protected by copyright and other intellectual property laws and by international treaties.
TERMINATION. This Agreement and the license granted hereunder will terminate automatically if you fail to comply with the limitations described herein. Upon termination, you must destroy all copies of the Software and Documentation.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AAA+ OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, WORK STOPPAGE, LOSS OF BUSINESS INFORMATION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES) IN NO EVENT WILL AAA+ BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT AAA+ RECEIVED FROM YOU FOR A LICENSE TO THE SOFTWARE, EVEN IF AAA+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, AAA+ and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a written agreement executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR CONSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by California law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
1. Definitions.
1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.
1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.
1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.
1.5. ``Executable'' means Covered Code in any form other than Source Code.
1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.
1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.
1.8. ``License'' means this document.
1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.
1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.
1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``Utilize'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
2.2. Contributor Grant.
Each Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property
claims:
(a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and
(b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.
3.2. Availability of Source Code.
Any Modification which You create or to which You contribute must be
made available in Source Code form under the terms of this License either
on the same media as an Executable version or via an accepted Electronic
Distribution Mechanism to anyone to whom you made an Executable version
available; and if made available via Electronic Distribution Mechanism,
must remain available for at least twelve (12) months after the date it
initially became available, or at least six (6) months after a subsequent
version of that particular Modification has been made available to such
recipients. You are responsible for ensuring that the Source Code version
remains available even if the Electronic Distribution Mechanism is
maintained by a third party.
3.3. Description of Modifications.
You must cause all Covered Code to which you contribute to contain a
file documenting the changes You made to create that Covered Code and the
date of any change. You must include a prominent statement that the
Modification is derived, directly or indirectly, from Original Code
provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable
version or related documentation in which You describe the origin or
ownership of the Covered Code.
3.4. Intellectual Property Matters
(a) Third Party Claims.
If You have knowledge that a party claims an intellectual
property right in particular functionality or code (or its
utilization under this License), you must include a text file with
the source code distribution titled ``LEGAL'' which describes the
claim and the party making the claim in sufficient detail that a
recipient will know whom to contact. If you obtain such knowledge
after You make Your Modification available as described in Section
3.2, You shall promptly modify the LEGAL file in all copies
You make available thereafter and shall take other steps (such as
notifying appropriate mailing lists or newsgroups) reasonably
calculated to inform those who received the Covered Code that new
knowledge has been obtained.
(b) Contributor APIs.
If Your Modification is an application programming interface and
You own or control patents which are reasonably necessary to
implement that API, you must also include this information in the
LEGAL file.
3.5. Required Notices.
You must duplicate the notice in Exhibit A in each file of the
Source Code, and this License in any documentation for the Source Code,
where You describe recipients' rights relating to Covered Code. If You
created one or more Modification(s), You may add your name as a
Contributor to the notice described in Exhibit A. If it is not
possible to put such notice in a particular Source Code file due to its
structure, then you must include such notice in a location (such as a
relevant directory file) where a user would be likely to look for such a
notice. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of
Covered Code. However, You may do so only on Your own behalf, and not on
behalf of the Initial Developer or any Contributor. You must make it
absolutely clear than any such warranty, support, indemnity or liability
obligation is offered by You alone, and You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of warranty, support,
indemnity or liability terms You offer.
3.6. Distribution of Executable Versions.
You may distribute Covered Code in Executable form only if the
requirements of Section 3.1-3.5 have been met for that Covered
Code, and if You include a notice stating that the Source Code version of
the Covered Code is available under the terms of this License, including
a description of how and where You have fulfilled the obligations of
Section 3.2. The notice must be conspicuously included in any
notice in an Executable version, related documentation or collateral in
which You describe recipients' rights relating to the Covered Code. You
may distribute the Executable version of Covered Code under a license of
Your choice, which may contain terms different from this License,
provided that You are in compliance with the terms of this License and
that the license for the Executable version does not attempt to limit or
alter the recipient's rights in the Source Code version from the rights
set forth in this License. If You distribute the Executable version under
a different license You must make it absolutely clear that any terms
which differ from this License are offered by You alone, not by the
Initial Developer or any Contributor. You hereby agree to indemnify the
Initial Developer and every Contributor for any liability incurred by the
Initial Developer or such Contributor as a result of any such terms You
offer.
3.7. Larger Works.
You may create a Larger Work by combining Covered Code with other
code not governed by the terms of this License and distribute the Larger
Work as a single product. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered Code.
If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
6.2. Effect of New Versions.
Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of that
version. You may also choose to use such Covered Code under the terms of
any subsequent version of the License published by Netscape. No one other
than Netscape has the right to modify the terms applicable to Covered
Code created under this License.
6.3. Derivative Works.
If you create or use a modified version of this License (which you
may only do in order to apply it to code which is not already Covered
Code governed by this License), you must (a) rename Your license so that
the phrases ``Mozilla'', ``MOZILLAPL'', ``MOZPL'', ``Netscape'', ``NPL''
or any confusingly similar phrase do not appear anywhere in your license
and (b) otherwise make it clear that your version of the license contains
terms which differ from the Mozilla Public License and Netscape Public
License. (Filling in the name of the Initial Developer, Original Code or
Contributor in the notice described in Exhibit A shall not of
themselves be deemed to be modifications of this License.)
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.
The Original Code is ______________________________________.
The Initial Developer of the Original Code is ________________________. Portions created by ______________________ are Copyright (C) ______ _______________________. All Rights Reserved.
Contributor(s): ______________________________________.''
Don Libes
National Institute of Standards and Technology
Bldg 220, Rm A-127
Gaithersburg, MD 20899
(301) 975-3535
libes@nist.gov
Design and implementation of this program was paid for by U.S. tax dollars. Therefore it is public domain. However, the author and NIST would appreciate credit if this program or parts of it are used.
This software is copyrighted by the Regents of the University of California, Sun Microsystems, Inc., and other parties. The following terms apply to all files associated with the software unless explicitly disclaimed in individual files.
The authors hereby grant permission to use, copy, modify, distribute, and license this software and its documentation for any purpose, provided that existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this software may be copyrighted by their authors and need not follow the licensing terms described here, provided that the new terms are clearly indicated on the first page of each file where they apply.
IN NO EVENT SHALL THE AUTHORS OR DISTRIBUTORS BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF THIS SOFTWARE, ITS DOCUMENTATION, OR ANY DERIVATIVES THEREOF, EVEN IF THE AUTHORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE AUTHORS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ANY WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, AND THE AUTHORS AND DISTRIBUTORS HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, SUPPORT, UPDATES, ENHANCEMENTS, OR MODIFICATIONS.
GOVERNMENT USE: If you are acquiring this software on behalf of the U.S. government, the Government shall have only "Restricted Rights" in the software and related documentation as defined in the Federal Acquisition Regulations (FARs) in Clause 52.227.19 (c) (2). If you are acquiring the software on behalf of the Department of Defense, the software shall be classified as "Commercial Computer Software" and the Government shall have only "Restricted Rights" as defined in Clause 252.227-7013 (c) (1) of DFARs. Notwithstanding the foregoing, the authors grant the U.S. Government and others acting in its behalf permission to use and distribute the software in accordance with the terms specified in this license.
SUN MICROSYSTEMS, INC. THROUGH ITS SUN MICROSYSTEMS LABORATORIES DIVISION ("SUN") WILL LICENSE THIS SOFTWARE AND THE ACCOMPANYING DOCUMENTATION TO YOU (a "Licensee") ONLY ON YOUR ACCEPTANCE OF ALL THE TERMS SET FORTH BELOW.
Sun grants Licensee a non-exclusive, royalty-free right to download, install, compile, use, copy and distribute the Software, modify or otherwise create derivative works from the Software (each, a "Modification") and distribute any Modification in source code and/or binary code form to its customers with a license agreement containing these terms and noting that the Software has been modified. The Software is copyrighted by Sun and other third parties and Licensee shall retain and reproduce all copyright and other notices presently on the Software. As between Sun and Licensee, Sun is the sole owner of all rights in and to the Software other than the limited rights granted to Licensee herein; Licensee will own its Modifications, expressly subject to Sun's continuing ownership of the Software. Licensee will, at its expense, defend and indemnify Sun and its licensors from and against any third party claims, including costs and reasonable attorneys' fees, and be wholly responsible for any liabilities arising out of or related to Licensee's development, use or distribution of the Software or Modifications. Any distribution of the Software and Modifications must comply with all applicable United States export control laws.
THE SOFTWARE IS BEING PROVIDED TO LICENSEE "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT WILL SUN BE LIABLE HEREUNDER FOR ANY DIRECT DAMAGES OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.