END USER LICENSE AGREEMENT

Omnitrol Networks, Inc. (“Omnitrol” or “Licensor”) is hereby licensing its proprietary software, including the software defined as Omnitrol Products (as set forth below) and/or a third party’s software supplied by the Licensor (collectively, the “Software”) to the end user thereof (“Customer”) on the condition that the Customer accepts all of the terms contained in this End User License Agreement (“Agreement”).

By downloading or installing the Software, as well as by using the Omnitrol Product that contains the Software, a person becomes a Customer and is deemed to accept and bind itself to this Agreement, and then the Licensor is also bound to its obligations under this Agreement.

 

A.DEFINITIONS

 

In this Agreement, unless the context requires otherwise, the following terms, in singular or plural form as appropriate to the context, are defined as follows:

“Documentation” means user manuals, training materials, and specifications supplied to Customer by Licensor to assist the Customer’s understanding of the Software and the Omnitrol Product(s).

“Intellectual Property Rights” means the rights of an owner to an invention, patent, copyright, trade-mark, or trade secret, and the right to control the use or disclosure or confidential information.

“Internal Use” means use of the Licensed Property by employees of Customer in Customer’s internal operations but does not include access of the Licensed Property by, or use of the Licensed Property in the provisions of services to, Customer’s clients or customers. Internal Use also includes use of the Licensed Property by contractors of Customer, including contractors providing outsourcing or hosting services, as long as Customer assumes full responsibility for the compliance with this Agreement in such use. Use of the Licensed Property (or any part thereof) for the benefit of others, whether by means of a software as a service offering, service bureau application, application service provider, outsourcing or other means of providing service to any third party shall not be considered Internal Use.

“Omnitrol Product” means any of the products, services, or materials appearing in product list attached hereto as Exhibit A and associated Documentation, if any.

“Services” refers to the Omnitrol Products and associated Software, professional services, and websites (marketing and product) provided by Omnitrol. Omnitrol may, from time to time, introduce new products and services. To the extent that these new products and services affect this Agreement, we will notify you as described below.

“Third-Party Source” means an entity who has supplied the Licensor with part or all of the Software or the Omnitrol Product or the Documentation.

“Authorized Users” shall mean Customer’s employees, and those consultants who have agreed and installed a License to use and maintain Omnitrol Products in confidence and use it only for the benefit of Customer.

Licensed Configuration means to the extent applicable, as indicated on the purchased license key, the choice of features and the authorized Licensed Property on the trusted side of the firewall or any other hardware or software specifications, as declared by Customer in their purchase order, or request for license key, and upon which the licensing fee was based.

“Licensed Property” shall mean the portion of the Omnitrol Products and the Documentation, if any, to which Customer has received and installed a License Key for use with Omnitrol Product(s). This includes, but not limited to, users, sensors, mobile devices, readers, scanners, gateways, antennae, SCADA, machine controls, communication systems, printers, etc. that directly or indirectly connect or communicate with Omnitrol Product(s).

“Licensed Configuration” means to the extent applicable, as indicated on the purchased license key, the choice of features and the authorized Licensed Property on the trusted side of the firewall or any other hardware or software specifications, as declared by Customer in their purchase order, or request for license key, and upon which the licensing fee was based.

“Licensed-server” means the server (defined by the host ID identified to Licensor by Customer when obtaining the License Key) which enables the Omnitrol Product(s) to operate in accordance with the Licensed Configuration.

“License Key” means the code provided to Customer by Licensor which enables the Omnitrol Product to operate on the Licensed-server for the specified Licensed Configuration.

 

B. LICENSE

 

1. Permitted Use. Subject to the terms of this Agreement, Licensor hereby grants to the Customer, a limited, non-exclusive, non-sub-licensable, non-transferable license to use the Software in object code form for its Internal Use with Licensed Property that have a valid purchased license only for the Licensed Configuration. If Customer has purchased multiple licenses for the Software, then the Customer may have as many copies of the Software in use as the Customer has licenses.

2. Right to Use. You may use our Services only as permitted in this Agreement, and you consent to our Privacy Policy at https://www.omnitrol.com/legal/privacy, which is incorporated by reference. We grant you a limited right to use our Services only for business and professional purposes. If your affiliates use our Services, you warrant that you have the authority to bind those affiliates and you will be liable if your affiliates do not comply with the Agreement.

3. General Restrictions. The Customer shall not:

  • (a)copy any part of the Software; provided that the Customer may maintain a single copy of the Software for backup purposes;
  • (b) permit persons other than Authorized Users to access or use the Omnitrol Products (or any part thereof);
  • (c) fail to preserve, on every copy of the Software and Documentation, the copyright and other proprietary notices of Licensor and its Third-Party Sources;
  • (d) integrate any third party product that is not a Licensed Property authorized by the Licensor;
  • (e) make more copies of the Documentation than are reasonably necessary for the use of an Omnitrol Product by the Customer, and for training purposes, backup, or replacement of damaged Documentation;
  • (f) permit any part of the original Software and Documentation supplied by Licensor, or a copy of either, in whole or in part, to be in the possession of or be accessed by any individual person who is not an employee of the Customer or a contract worker engaged by the Customer;
  • (g) modify, alter, translate, reverse engineer, decompile, disassemble, or convert into human readable form, all or any part of the Software, or attempt to do the foregoing, or use the Software or Documentation to develop or attempt to develop any derivative works or any functionally compatible or competitive software or device; or
  • (h) release the results of any benchmark of the Software to any third party without the prior written consent of Licensor.
  • (i) will not (and will not allow any third party to) modify Omnitrol Product or incorporate any portion of Omnitrol Product into any other software or create a derivative work of any portion of the Omnitrol Product. You will not (and will not allow any third party to) remove any copyright or other proprietary notices from the Product.
  • (j) market, or resell the Software to any third party.
  • (k) use the Services in violation of applicable laws, or regulations.
  • (l) use the Software to send unauthorized advertising, or spam.
  • (m) harvest, collect, or gather user data without their consent.
  • (n) transmit through the Software any material that may infringe the intellectual property, privacy, or other rights of third parties.

 

4. Specific Restrictions. The Product is licensed to Customer based on the applicable Licensed Configuration purchased. The License permits the use of the Omnitrol Product in accordance with the Licensed Property. It is a violation of this Agreement to create, set-up or design any hardware, software or system which alters the number of readable IP addresses presented to the Omnitrol Product with the intent, or resulting effect, of circumventing the Licensed Configuration. Additionally, it is a violation of this Agreement to create, set-up or design any hardware, software or system which implements more than the licenses purchased for Licensed Property.

5. Changes to Services. We reserve the right to enhance, upgrade, improve, or modify features of our Omnitrol Products and Software as we deem appropriate and in our discretion. We will not materially reduce the core functionality or discontinue any Services unless we provide you with prior written notice. We may offer additional functionality to our standard Services or add new features and improvements for an additional cost.

6. Disabled License-server. The License Key obtained from Licensor enables the Licensed-server which enables Customer to use the Licensed Configuration of the Omnitrol Product. If your Licensed-server is disabled for any reason, Licensor may, at its sole discretion, issue Customer another License Key which will enable Customer to operate this Omnitrol Product on a substitute Licensed-server. In this event, Customer agrees not to use the Omnitrol Product on the original Licensed-server nor its License Key.

7. Data Collection. To the extent that the Omnitrol Product is used by Customer to collect data, including but not limited to, their internal assets, systems and Authorized Users, Customer shall be responsible for determining the site(s) for such data storage. Licensor hereby disclaims responsibility for the collection, storage and management of assets and Authorized User data and any liability therewith. Any such data collected by the Omnitrol Products shall be automatically delivered to such data storage site(s) as determined in Customer’s sole discretion.

8. Third-Party Software. The Omnitrol Product contains Software from Third-Party Sources, for which the license terms are set out in Appendix I and the restrictions in the immediately preceding Section may not apply. Any Software not listed in Appendix I is subject to all the terms of this Agreement, and shall not be used for any purpose other than as an integral part of the Omnitrol Product.

9. Compliance. Licensor may, from time to time, request reasonable evidence of compliance by the Customer with the terms of this Agreement. The Customer agrees that Licensor may upon reasonable notice cause an inspection to be made, at Licensor’s cost, of the Customer’s applicable records and facilities in order to verify compliance with the terms and conditions of this Agreement.

10. US Government. If the Customer is a unit or agency of the United States Government, it shall supply Licensor, no later than the date of submitting the executed copy of this Agreement, with a copy (not just a reference number) of any Federal Acquisition Regulations (in this Agreement called “FARS”, but including without limitation, DFARS, AFARS, NASA FARS, and similar regulations) which may limit or contradict the provisions of this Agreement. Licensor shall then have ten (10) business days after receipt of such FARS to withdraw or terminate this Agreement without liability on either Party. If no such FARS are supplied, this Agreement shall be deemed to be fully in effect in accordance with its terms and to not be modified, limited, or contradicted by any FARS.

 

C. OWNERSHIP OF INTELLECTUAL PROPERTY

 

1. Ownership. The Customer acknowledges that, despite purchasing an Omnitrol Product, the Customer is merely a licensee of the Software, and that this Agreement grants no ownership of any Intellectual Property Rights. Customer agrees to not contest or challenge any claim by either the Licensor or any Third -Party Source, to the ownership of or an interest in the Intellectual Property Rights in the Software and Documentation.

2. Enhancements. Without limiting the generality of the preceding Section, the Customer acknowledges and agrees that the Customer shall obtain no ownership of any Intellectual Property Rights developed by Licensor, or by any Third-Party Source, in relation to an Omnitrol Product or the Software, even if developed especially for the Customer. Suggestions by the Customer of new features, functionality, or performance that are subsequently incorporated into the Omnitrol Product or the Software shall be the property solely of Licensor, or of a Third -Party Source who is an assignee of Licensor. The Customer agrees to take further actions to effect such ownership, including the execution and delivery of instruments of conveyance, upon a reasonable request by Licensor and at Licensor’s expense. In the event that the Customer, its employees or contractors have any rights (including any moral rights) associated with enhancements and derivative works, that cannot be assigned to Licensor, the Customer hereby unconditionally and irrevocably waives the enforcement of all such rights and all claims and causes of action of any kind with respect to any of the foregoing against Licensor, its successors or assigns, and agrees to procure a waiver of such rights from any holders of such rights and consents to any action of Licensor, its successors or assigns that would otherwise violate such rights in the absence of such waiver.

3. Third-Party Software. The Omnitrol Product contains software from third parties who make it available to Omnitrol with permission to pass it on to Omnitrol’s customers provided that such customers are informed of certain facts, and of restrictions and limitations as provided in Appendix I to this document. The terms in Appendix I shall govern the rights of the Customer with respect to the software listed there. In the event the Customer obtains a license for software directly from a Third-Party Source, the Customer shall be responsible for adhering to the Third-Party Source’s licensing rules and shall indemnify Licensor for any fees charged to Licensor by the Third-Party Source as a result of the Customer’s use of the third party’s software. The Customer is hereby notified that the Third-Party Source is a third-party beneficiary to this Agreement to the extent that this Agreement contains provisions which relate to the Customer’s use of any part of the Software supplied by the Third-Party Source. Such provisions are made expressly for the benefit of the Third-Party Source and are enforceable by the Third-Party Source in addition to Licensor.

4. Proprietary Rights and Licensor Marks. You acknowledge that we or our licensors retain all proprietary right, title and interest in the Services, our name, logo or other marks (together, the “Omnitrol Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle which incorporates in whole or in part the Omnitrol Marks or is similar to any of these.

 

D. NO WARRANTY

 

1. NO WARRANTY. CUSTOMER ASSUMES ALL RESPONSIBLITIES FOR SELECTION OF THE SOFTWARE TO ACHIEVE ITS INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. CUSTOMER ACKNOWLEDGES THAT ALL SOFTWARE AND DOCUMENTATION PROVIDED BY LICENSOR ARE SUPPLIED “AS IS” AND WITHOUT ANY WARRANTY, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, ACCURACY, COMPLETENESS, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS.

2. EXCLUSION OF LIABILITY. CUSTOMER ASSUMES THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION CONTAINED IN OR COMPILED BY THE SOFTWARE. UNDER NO CIRCUMSTANCES SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES FROM THE CUSTOMER’S USE OF THE SOFTWARE OR DOCUMENTATION WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM DELAY OF DELIVERY OR FROM LOSS OF PROFITS, DATA, BUSINESS OR GOODWILL, ON ANY THEORY OF LIABILITY, WHETHER ARISING UNDER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WHETHER OR NOT LICENSOR HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES). THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

 

E. ORDERS, FEES AND PAYMENT.

 

1. Orders. You may order Services using our then-current ordering processes (“Order”). All Orders are effective on the earlier of (i) the date you submit your Order, or (ii) the date on the signature block of the Order (“Effective Date”). Acceptance of your Order may be subject to our verification and credit approval process. Each Order shall be treated as a separate and independent Order. A Purchase Order is required for non-credit card transactions over 25,000 USD, or equivalent, unless Customer does not require a Purchase Order as part of its purchasing process.

2. Fees and Payment. You agree to pay all applicable, undisputed fees for the Services on the terms set forth on the invoice and the Licensed Configuration. Any and all payments you make to us for access to the Services are final and non-refundable. You are responsible for providing accurate and current billing, contact and payment information to us or any reseller. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We will also, as agreed with the Customer, submit invoices via any Customer specified procure-to-pay online portal. We reserve the right to update the price for Services at any time after your Initial Term, and price changes will be effective as of your next billing cycle. We will notify you of any price changes via email, quotes or invoices sent to you.

3. Disputes; Delinquent Accounts. You must notify us of any fee dispute within 15 days of the invoice date, and once resolved, you agree to pay those fees within 15 days. We may, on notice to you, suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.

4. Taxes and Withholding. You are responsible for all applicable sales, services, value-added, goods and services, withholding, tariffs, or any other similar taxes or fees as may be applicable in the location in which the Services are being provided (collectively, “Taxes and Fees”) imposed by any government entity or collecting agency based on the Services, except those Taxes and Fees for which you have provided an exemption certificate. Additionally, if you do not satisfy your Tax and Fees obligations, you agree that you will be required to reimburse us for any Taxes and Fees paid on your behalf, and we may take steps to collect Taxes and Fees we have paid on your behalf. In all cases, you will pay the amounts due under this Agreement to us in full without any right of set-off or deduction.

 

F. TERM

 

This Agreement shall remain in full force and effect from the Effective Date unless terminated pursuant to this Section.

1. Term. The initial term commitment for your purchase of Services will be as specified on an Order (“Initial Term”) and begins on the Effective Date. After the Initial Term, the Services will, unless otherwise specified, for a particular Service, automatically renew for additional 12-month periods (“Renewal Terms”), unless either party provides notice of non-renewal at least 30 days before the current term expires. We may agree to align the invoicing under multiple Orders but this will not reduce the term of any Order. Terminating specific Services does not affect the term of any other Services still in effect. If we permit you to reinstate Services at any time after termination, you agree that you will be bound by the then-current Terms and the renewal date that was in effect as of the effective termination date.

2. Termination of License. This Agreement and the License and other rights granted hereunder may be terminated immediately by Licensor at any time and without cause by providing Customer ten (10) days prior written notice of its intent to do so. Licensor may also terminate this Agreement and the License and other rights granted hereunder in the event Customer breaches any of the provisions of this Agreement and does not remedy such breach within ten (10) days of receipt of notice from Licensor declaring and setting forth the nature of such breach.

3. Effect of Termination of License. Immediately upon any termination, cancellation or expiration of this Agreement or of any License granted hereunder for any reason: (a) all rights and Licenses granted to Customer under this Agreement shall cease and terminate and Customer shall have no right thereafter to use, and shall cease the use of, the Omnitrol Products or any portion thereof; and (b) Customer shall remove all Licenses of the Omnitrol Products (including all copies thereof).

4. Survival Provisions of the Agreement. The provisions of Section (C) through (H) of this Agreement shall survive the termination, cancellation or expiration of this Agreement for any reason.

 

G. EXPORT REGULATIONS; U.S. GOVERNMENT RESTRICTIONS

 

1. Customer acknowledges that the Omnitrol Products may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that Customer will at all times comply with the provisions of such laws, statutes and regulations including obtaining any necessary or required licenses. Customer shall not export or re-export or otherwise transmit, directly or indirectly, the Omnitrol Products, Licensed Property or any direct products thereof into, or use the Omnitrol Products or any direct products thereof in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.

 

H. MICELLANEOUS

 

1. Governing Law. This Agreement shall be exclusively governed by, and construed in accordance with, the laws of the State of California, United States, without regard to rules and principles about the conflict of laws. The parties expressly exclude the effect of the United Nations Convention on Contracts for the International Sale of Goods. Exclusive jurisdiction and venue for any litigation arising from this Agreement will lie in the provincial or state court, or federal court, having jurisdiction at the residence of the defendant, and each party agrees to not bring legal action in any other court.

2. Entire Agreement. This Agreement is the entire agreement between Customer and Omnitrol and supersedes any other communications with respect to the Software and Documentation. If any provision of this Agreement is held to be invalid, the remainder of this Agreement will continue in full force an effect.

3. Binding Effect. This Agreement and all of the provisions hereof shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

4. Notices. All notices, requests, demands, consents, authorizations, claims, and other communications (each a “Notice”) hereunder must be in writing and sent to the other party by overnight delivery. Any Notice shall be deemed duly given one (1) business day following the date sent when sent by overnight delivery. No party may send any Notice to the intended recipient using any other means. Notices to Licensor shall be sent to Omnitrol, Inc., 4580 Automall Parkway, Suite 121, Fremont, CA 94538 Attn: General Counsel. Unless otherwise specified by Customer in writing, Notices to Customer shall be sent to the registered agent of the Customer in the jurisdiction in which the Customer is organized or incorporated. Any party may change the address to which Notices are to be delivered by giving the other parties Notice in the manner herein set forth.

5. Assignment. Customer may not, directly or indirectly, sell, assign, sublicense, lease, rent, distribute, or otherwise transfer the License, the Omnitrol Products, or any rights therein, or any rights or obligations under this Agreement, to any other person or entity, unless Customer first obtains the written consent of Licensor, except in conjunction with the sale of all or substantially all of the stock or assets of Customer.

6. Waiver. No party to this Agreement shall be deemed to have waived any of its rights, powers or remedies under this Agreement unless such waiver is expressly set forth in a writing signed by the waiving party. No written waiver of any provision of this Agreement shall be deemed to be, or shall constitute, (i) a waiver of any other provision of this Agreement, whether or not similar, or (ii) a continuing or subsequent waiver of the same or another provision of this Agreement. The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of any such provisions, or in any way affect the validity of either party to enforce each and every such provision thereafter.

7. Captions. The captions and headings of Sections and subsections contained in this Agreement are provided for convenience of reference only and shall not be considered a part hereof for purposes of interpreting this Agreement, and, way the meaning or intent of this Agreement or any of its terms or provisions.

8. Severability. If any Section or other provision of this Agreement, or the application of such Section or provision, is held invalid, then the remainder of this Agreement, and the application of such Section or provision to persons or circumstances other than those with respect to which it is held invalid, shall not in any way be affected or impaired thereby. In the event that any provision of this Agreement becomes or is declared by a court of competent jurisdiction or panel of arbitrators to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision. The parties agree to negotiate in good faith a substitute valid and enforceable provision that most nearly effects the parties’ intent and to be bound by the mutually agreed substitute provision

9. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together will constitute one and the same instrument.

0. Remedies. All remedies shall be cumulative and not alternative and in addition to all other rights and remedies available in law and in equity.

11. Attorney’s Fees. Customer agrees to pay any costs incurred by Omnitrol in enforcing any provision of this Agreement in the event of the initiation of any legal action or proceedings for such purpose, including but not limited to all court costs and reasonable attorney’s fees, which costs shall bear interest at the rate of 1½% per month from the date of judgment.

12. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and supersedes, supplants, and renders null and void any and all prior and contemporaneous negotiations, discussions, proposals, agreements, understandings, representations or communications, oral or written, of the parties hereto with respect to the subject matter hereof. There are no representations, agreements, arrangements or understandings, oral or written, between the parties hereto relating to the subject matter of the Agreement which are not fully expressed herein.

 

EXHIBIT A

OMNITROL PRODUCT(S)

 

“Omnitrol Products” shall mean executable object code of software programs and the patches, scripts, modifications, enhancements, designs, concepts or other materials that constitute the software programs necessary for the proper function and operation of the system as delivered by the Licensor and accepted by the Customer.

Omnitrol Product(s) as defined by the Licensor include, but not limited to, the following:

1. TaaS (Traceability as a Service): Real-time asset tracking and operational intelligence services.

TaaS includes the following software modules:

  • a. Global Asset Track & Trace (GTT)
  • b. Asset Monitoring & Maintenance (AMM)
  • c. Returnable Asset & Custody Management
  • d. Work-in-Process Operational Intelligence
  • e. Supply-Chain & Logistics Operational Intelligence
  • f. Perishable Assets Track & Trace
  • g. Guest/Employee Event Management & Tracking
  • h. Waste and bio-hazard material monitoring

2. TaaS consists of multi-node clustered application servers:

  • a. Site-based Edge Visibility Service (EVS): Automated management and monitoring of operational workflows, machines and asset through sensors, SCADA systems, M2M, RFID/barcode, BLE and mobile handheld devices. Real-time data processing, rules-based alerts, visual dashboards integrating external ERP and database systems.
  • b. Global Visibility Service (GVS): for central reporting, business analytics and intelligence through sensor-driven operational intelligence. GVS further provides archiving, user management and serialization services, integration with Customer provided backend and external database systems.
  • c. Mobile Visibility Services (MVS): mobile handheld services on phones, tablets and industrial RFID/barcode scanners

 

3. EdgeView™: Sensor, RFID and SCADA device emulator for workflow analysis, development and testing TaaS services

4. MapView™: Visual geographical asset tracking and monitoring, from geo-site to shelf visibility across multiple sites

5. TaaS-IoT Application Development Platform (EASE-v8): Internet of Things (IoT) application development SDK and deployment platform.

 

Appendix I – Third Party License Notices

 

The Omnitrol Product contains software from third parties who make it available to Licensor with permission to pass it on to Licensors Customers, provided that the Customer is informed of certain facts, restrictions and limitations. Many of the facts and restrictions are similar across third parties, hence Licensor has combined them into groups.

GROUP 1 (GNU General Public License = GPL)

 

Software

 

Omnitrol’s Offer in Compliance with the GNU GPL

LINUX iSCSI 3.6.3

(compiled into  LINUX kernel)

 

 

Licensor. offers to send the Customer, for a charge no more than the cost of physically performing source distribution, if requested within three years from the date the customer receives the software, a complete machine-readable copy of the source code.

Open iSCSI 1.0.485

(compiled into  LINUX kernel)

CRAMFS 1.1 (compiled into  LINUX kernel)

The GNU General Public License may be examined online at http://www.gnu.org/licenses/.

 

GROUP 2 (GNU Lesser (or Library) General Public License = LGPL)

 

Software (referred to as the Libraries)

 

Copyright Notice


Copyright © Free SoftwareFoundation, Inc.

EASYSOAP++ 0.8.0

 

 

The software in the Omnitrol Product is partly a work based on the various Libraries listed here.
Licensor offers to send the customer, for a charge no more than the cost of physically performing source distribution, if requested within three years from the date the customer receives the software, a complete machine-readable copy of the source code and a copy in object code of files to which the Library is linked.
This portion of the Omnitrol Product is supplied without charge.
Because the library is licensed free of charge, there is no warranty for the library, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the library “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the library is with you. Should the library prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the library as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the library (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the library to operate with any other software), even if such holder or other party has been advised of the possibility of such damages.

 

PostgreSQL ODBC 08.02.0500

QDECODER 7.1.1

libESMTP 1.0.4

 

 

OpenZwave

 

Copyright (c) 2010 Mal Lansell ;openzwave@lansell.org

unixODBC 2.2.12

 

 

The GNU Lesser General Public Licenses may be examined online at http://www.gnu.org/licenses/.

 

 

GROUP 3 (Apache License)

 

Software   Copyright Notice
LOG4CXX   Apache License Version 2.0
APR 1.3.3   Apache License Version 2.0
APR UTIL 1.3.4   Apache License Version 2.0
LTLCPP LLRP Library   Copyright 2007,2008 Impinj, Inc.
libltkcpp   Copyright 2007,2008 Impinj, Inc.
The Apache License may be examined online at http://www.apache.org/licenses/LICENSE-2.0.html

 

GROUP 4 (Copyright Notices Only)

 

Software   Copyright Notice
JLFGR   Copyright 2000 by Sun Microsystems, Inc. All Rights Reserved.
TABVIEW   © www.dhtmlgoodies.com, October 2005
YGUARD 2.1   Copyright yWorks GmbH

 

GROUP 5

 

Software

 

Copyright

Notice

CURL

7.14.1

 

Copyright

© 1996 – 2005, Daniel Stenberg, daniel@haxx.se  All rights reserved.

DROPBEAR

0.47

 

Copyright © 2002-2004

Matt Johnston

Portions

copyright (c) 2004 Mihnea Stoenescu.  

All rights reserved.

PUTTY

 

Copyright

© 1997-2003 Simon Tatham

FLOCK

2.02

 

Copyright

2003-2005 H. Peter Anvin – All Rights Reserved

LIBXML2

2.6.27

 

Copyright © 1998-2003 Daniel Veillard.  All Rights Reserved.

EXPAT

1.95.8

 

Copyright © 1998, 1999, 2000 Thai Open Source

Software Center Ltd and Clark Cooper

Copyright

© 2001, 2002, 2003 Expat maintainers.

Info-ZIP

30

 

Copyright (c)

1990-2007 Info-ZIP.  All rights reserved.

The definitive

version of this document should be available at

ftp://ftp.info-zip.org/pub/infozip/license.html

indefinitely and a copy at http://www.info-zip.org/pub/infozip/license.html.

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

above disclaimer and the following restrictions:

   

1. Redistributions of source code (in whole or in part) must retain the above copyright notice, definition, disclaimer, and this list of conditions.

   

2.. Redistributions in binary form (compiled executables and libraries) must reproduce the above copyright notice, definition, disclaimer, and this list of conditions in documentation and/or other materials provided with the distribution. The sole exception to this condition is redistribution of a standard UnZipSFX binary (including SFXWiz) as part of a self-extracting archive; that is permitted without inclusion of this license, as long as the normal SFX banner has not been removed from the binary or disabled.

   

3. Altered versions–including, but not limited to, ports to new operating systems, existing ports with new graphical interfaces, versions with modified or added functionality, and dynamic, shared, or static library versions not from Info-ZIP–must be plainly marked as such and must not be misrepresented as being the original source or, if binaries, compiled from the original source. Such altered versions also must not be misrepresented as being Info-ZIP releases–including, but not limited to, labeling of the altered versions with the names “Info-ZIP” (or any variation thereof, including, but not limited to, different capitalizations), “Pocket UnZip,” “WiZ” or “MacZip” without the explicit permission of Info-ZIP. Such altered versions are further prohibited from misrepresentative use of the Zip-Bugs or Info-ZIP e-mail addresses or the Info-ZIP URL(s), such as to imply Info-ZIP will provide support for the altered versions.

   

4. Info-ZIP retains the right to use the names “Info-ZIP,” “Zip,” “UnZip,” “UnZipSFX,” “WiZ,” “Pocket UnZip,” “Pocket Zip,” and “MacZip” for its own source and binary releases.

 

 

 

 

DISCLAIMER

The software is provided “as is”, without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights. In no event shall the authors or copyright holders be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the software or the use or other dealings in the software.

 

GROUP 6 (BSD-Style Licenses)

 

Software

 

Copyright

Notice

OPENSSL 0.9.8

(OPENSSL)

 

Copyright

© 1998-2005 The OpenSSL Project.  All

rights reserved.

 includes cryptographic software written by

Eric Young   (eay@cryptsoft.com);

 includes software written by Tim Hudson

(tjh@cryptsoft.com).

OPENSSL

0.9.8 (BLOWFISH)

 

Copyright

© 1995-1997 Eric Young (eay@cryptsoft.com

All rights reserved.

OPENSSL

0.9.8 (DES)

 

Copyright © 1995-1997

Eric Young (eay@cryptsoft.com)  All rights reserved.

gSOAP

2.7.10

 

Copyright © 2001-2004

Robert A. van Engelen, Genivia inc. All Rights Reserved.

LIGHTTPD

1.4.26

 

Copyright © 2004, Jan

Kneschke, incremental.   All rights

reserved.

AGENT++

API Version 3.x

 

Copyright © 2000 Frank Fock, Jochen Katz

UUID

1.38

 

Copyright

© 1999, 2000, 2003, 2004 by Theodore Ts’o

YAHOO

UI 2.4.0

 

Copyright

© 2006, Yahoo! Inc.

PCRE

6.4 (without C++ Wrapper Functions)

 

Copyright

© 1997-2005 University of Cambridge.  All rights reserved.

NETSNMP

5.4.2

 

Copyright 1989, 1991, 1992 by Carnegie Mellon University

Derivative Work – 1996, 1998-2000

Copyright 1996, 1998-2000 The Regents of the University of California

Copyright (c) 2001-2003, Networks Associates Technology, Inc – All rights reserved.

Portions of this code are copyright (c) 2001-2003, Cambridge Broadband Ltd.

All rights reserved.

 

CONDITIONS applicable to all above-listed software

1. Redistributions of source code must retain the copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

DISCLAIMER applicable to all above-listed software

This

software is provided by the copyright holder(s) [and contributors, if applicable] “as is” and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall the author [or contributors] be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.

 

ADDITIONAL SPECIFIC CONDITIONS for below-listed

software

OPENSSL

0.9.8 (OPENSSL) & (BLOWFISH) & (DES)

 

All advertising

materials mentioning features or use of this software must display the

following acknowledgement:

This

product includes software developed by [the copyright holder listed above].

Applicable

to

OPENSSL

0.9.8 (OPENSSL)

 

The

names OpenSSL Toolkit and OpenSSL Project must not be used to endorse or

promote products derived from this software without prior written permission.

For written permission, please contact openssl-core@openssl.org.

Products

derived from this software may not be called OpenSSL nor may OpenSSL appear

in their names without prior written 

permission of the OpenSSL Project.

Redistributions

of any form whatsoever must retain the following acknowledgment:

This product includes software developed by the

OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/)

LIGHTTPD

1.4.11

 

Neither the name of the ‘incremental’ nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

UUID

1.38

 

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

YAHOO

UI 0.9

 

Neither the name of the Yahoo! Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo! Inc.

PCRE

6.4 (without C++ Wrapper Functions)

 

Neither the name of the University of Cambridge nor the name of Google Inc. nor the names of their contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

GROUP 7 (ZLIB Style Licence)

 

Software

 

 

TINYXML 2.5.2

 

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.

 

GROUP 8

 

Software

 

Copyright

Notice

NTP

4.2.2p3

 

Copyright

© David L. Mills 1992-2006

CONDITIONS AND DISCLAIMER

Permission

to use, copy, modify, and distribute this software and its documentation for

any purpose with or without fee is hereby granted, provided that the above

copyright notice appears in all copies and that both the copyright notice and

this permission notice appear in supporting documentation, and that the name

University of Delaware not be used in advertising or publicity pertaining to

distribution of the software without specific, written prior permission. The University of Delaware makes no representations

about the suitability this software for any purpose.  It is provided as is without express or

implied warranty.    

 

GROUP 9

 

Software

 

Copyright

Notice

Fieldtalk™

Modbus Master Library 2.4.0

 

Copyright

© 2002-2003 FOCUS Software Engineering Pty Ltd. All rights reserved.

DISCLAIMER

There is no warranty for the package, to the extent permitted by applicable law. except when otherwise stated in writing FOCUS Software Engineering, the copyright holders and/or other parties provide the package “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchant-ability and fitness for a particular purpose. The entire risk as to the quality and performance of the package is with you. should the package prove defective, you assume the cost of all necessary servicing, repair or correction.

Any liability of FOCUS Software Engineering will be limited exclusively to refund of purchase price. in addition, in no event unless required by applicable law or agreed to in writing will FOCUS Software Engineering or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, parent organizations and any copyright holder, or any other party who may modify and/or redistribute the package as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the package (including but not limited to loss of data or data being rendered inaccurate or losses
sustained by you or third parties or a failure of the package to operate with any other packages), even if such party has been advised of the possibility of such damages.
In addition, in no event does FOCUS Software Engineering authorize you to use this package in applications or systems where its failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. any such use by you is entirely at your own risk, and you agree to hold FOCUS Software Engineering harmless from any claims or losses relating to such unauthorized use.

 

GROUP 10

 

Software

 

Copyright

Notice

SASL

2.1.23

 

Copyright (c)

1998-2003 Carnegie Mellon University. 

All rights reserved.

CONDITIONS AND DISCLAIMER

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

 

 

 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 

 3. The name “Carnegie Mellon University” must not be used to endorse or promote products derived from this software without prior written permission. For permission or any other legal details, please contact  

      Office of Technology Transfer

      Carnegie Mellon University

      5000 Forbes Avenue

      Pittsburgh, PA  15213-3890

      (412) 268-4387, fax: (412) 268-7395

      tech-transfer@andrew.cmu.edu

 

 4. Redistributions of any form whatsoever

must retain the following acknowledgment:

    This product includes software developed

by Computing Services at Carnegie Mellon University

(http://www.cmu.edu/computing/).

 

 CARNEGIE MELLON UNIVERSITY DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL CARNEGIE MELLON UNIVERSITY BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

 

GROUP 11

 

Software

 

Copyright

Notice

Open

LDAP 2.4.21

 

The OpenLDAP

Public License Version 2.8, 17 August 2003

CONDITIONS AND DISCLAIMER

1. Redistributions

in source form must retain copyright statements and notices,

 

2.

Redistributions in binary form must reproduce applicable copyright statements

and notices, this list of conditions, and the following disclaimer in the

documentation and/or other materials provided with the distribution, and

 

3.

Redistributions must contain a verbatim copy of this document.

 

THIS SOFTWARE IS PROVIDED BY THE OPENLDAP FOUNDATION AND ITS CONTRIBUTORS “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OPENLDAP FOUNDATION, ITS CONTRIBUTORS, OR THE AUTHOR(S) OR OWNER(S) OF THE SOFTWARE 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.

 

GROUP 12

 

Software

 

Copyright

Notice

FastCGI

1.6.3

 

Copyright (c)

2004, Jan Kneschke, incremental All rights reserved.

CONDITIONS AND DISCLAIMER

– Redistributions

of source code must retain the above copyright notice, this list of

conditions and the following disclaimer.

 

– Redistributions

in binary form must reproduce the above copyright notice, this list of

conditions and the following disclaimer in the documentation  and/or other materials provided with the

distribution.

 

– Neither the

name of the ‘incremental’ nor the names of its contributors may  be used to endorse or promote products

derived from this software without 

specific prior written permission.

 

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

 

 

GROUP 13

 

Software

 

Copyright

Notice

libedit 2.10

 

Copyright © 1992, 1993 The Regents of the University of Californa. All rights reserved.

CONDITIONS AND DISCLAIMER

1. Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

3. Neither the name of the University nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission

 

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

 

GROUP 14

 

Software

 

Copyright

Notice

Boost

1.52

 

Boost Software

License – Version 1.0 – August 17th, 2003

libedit

2.10

 

 

Entire License Statement

Permission is hereby granted, free of charge, to any person or organization obtaining a copy of the software and accompanying documentation covered by this license (the “Software”) to use, reproduce, display, distribute,
execute, and transmit the Software, and to prepare derivative works of the Software, and to permit third-parties to whom the Software is furnished to do so, all subject to the following:

 

The copyright notices in the Software and this entire statement, including the above license grant, this restriction and the following disclaimer, must be included in all copies of the Software, in whole or in part, and all derivative works of the Software, unless such copies or derivative works are solely in the form of machine-executable object code generated by a source language processor.

 

THE SOFTWARE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.

 

GROUP 15

 

Software

 

Copyright

Notice

BerkeleyDB

5.0.21

 

Copyright (c) 1990,

2010 Oracle and/or its affiliates.  All

rights reserved.

CONDITIONS AND DISCLAIMER

1.

Redistributions of source code must retain the above copyright notice, this

list of conditions and the following disclaimer.

 Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

 3. . Redistributions in any form must be accompanied by information on how to obtain complete source code for the DB software and any accompanying software that uses the DB software. The source code must either be included in the distribution or be available for no more than the cost of distribution plus a nominal fee, and must be freely redistributable under reasonable conditions. For an executable file, complete source code means the source code for all modules it contains. It does not include source code for modules or files that typically accompany the major components of the operating system on which the executable file runs.

 

 THIS SOFTWARE IS PROVIDED BY ORACLE “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED. IN NO EVENT SHALL ORACLE 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.

 

GROUP 16

 

Software

 

Copyright

Notice

zaphoyd

websocketpp

 

Copyright (c)

2014, Peter Thorson. All rights reserved.

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

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of the WebSocket++ Project nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.

 

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS “AS IS”AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL PETER THORSON 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

 

Bundled

Libraries:

 

****** Base 64 Library (base64/base64.hpp) ******

base64.hpp is a

repackaging of the base64.cpp and base64.h files into a single header

suitable for use as a header only library. This conversion was done by Peter

Thorson (webmaster@zaphoyd.com) in 2012. All

modifications to the code are redistributed under the same license as the

original, which is listed below.

base64.cpp and

base64.h

Copyright (C) 2004-2008

Rene Nyffenegger

 

****** SHA1 Library (sha1/sha1.hpp) ******

sha1.hpp is a

repackaging of the sha1.cpp and sha1.h files from the shallsha1 library (http://code.google.com/p/smallsha1/) into a single

header suitable for use as a header only library. This conversion was done by

Peter Thorson (webmaster@zaphoyd.com) in 2013. All

modifications to the code are redistributed under the same license as the original,

which is listed below.

Copyright (c)

2011, Micael Hildenborg. All rights reserved.

 

****** MD5 Library (common/md5.hpp) ******

md5.hpp is a

reformulation of the md5.h and md5.c code from http://www.opensource.apple.com/source/cups/cups-59/cups/md5.c to allow it to

function as a component of a header only library. This conversion was done by

Peter Thorson (webmaster@zaphoyd.com) in 2012 for the

WebSocket++ project. The changes are released under the same license as the

original (listed below)

Copyright (C)

1999, 2002 Aladdin Enterprises.  All rights reserved.

 

****** UTF8 Validation logic (utf8_validation.hpp) ******

utf8_validation.hpp

is adapted from code originally written by Bjoern Hoehrmann <bjoern@hoehrmann.de>. See http://bjoern.hoehrmann.de/utf-8/decoder/dfa/ for details.

The original

license:

Copyright (c)

2008-2009 Bjoern Hoehrmann

 

Permission is

hereby granted, free of charge, to any person obtaining a copy of this

software and associated documentation files (the Software), to deal in the

Software without restriction, including without limitation the rights to use,

copy, modify, merge, publish, distribute, sublicense, and/or sell copies of

the Software, and to permit persons to whom the Software is furnished to do

so, subject to the following conditions:

The above copyright

notice and this permission notice shall be included in all copies or

substantial portions of the Software.

 

GROUP 17 (MIT License)

 

Software

 

Copyright

Notice

jsoncpp

0.5.0

 

Copyright (c)

2007-2010 Baptiste Lepilleur

twitcurl

 

Copyright (C) 2011

by swatkat (swatkat.thinkdigitATgmailDOTcom)

 

The MIT License

is about as close to Public Domain as a license can get, and isdescribed in

clear, concise terms at:

   http://en.wikipedia.org/wiki/MIT_License

  

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

 

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

 

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

 

The MIT license is compatible with both the GPL and commercial software, affording one all of the rights of Public Domain with the minor nuisance of being required to keep the above copyright notice and license text in the source code. Note also that by accepting the Public Domain “license” you can re-license your copy using whatever license you like.

 

 

GROUP 18 (Google Style License)

 

Software

 

Copyright

Notice

v8

v3.18.3

 

Copyright 2006-2012,

the V8 project authors. All rights reserved.

 

This license applies to all parts of V8 that are not externally maintained libraries. The externally maintained libraries used by V8 are:

·       

• PCRE test suite, located in test/mjsunit/third_party/regexp-pcre.js. This is based on the test suite from PCRE-7.3, which is copyrighted by the University of Cambridge and Google, Inc. The copyright notice and license are embedded in regexp-pcre.js.

·       

Layout tests, located in

test/mjsunit/third_party.  These are based on layout tests from

webkit.org which are copyrighted by Apple Computer, Inc. and released under a

3-clause BSD license.

·       

Strongtalk assembler, the basis of the files

assembler-arm-inl.h, assembler-arm.cc, assembler-arm.h, assembler-ia32-inl.h,

assembler-ia32.cc, assembler-ia32.h, assembler-x64-inl.h, assembler-x64.cc,

assembler-x64.h, assembler-mips-inl.h, assembler-mips.cc, assembler-mips.h,

assembler.cc and assembler.h. This code is copyrighted by Sun Microsystems

Inc. and released under a 3-clause BSD license.

·       

Valgrind client API header, located at

third_party/valgrind/valgrind.h This is release under the BSD license. These

libraries have their own licenses; we recommend you read them, as their terms

may differ from the terms below.

 

Google

Performance Tools 1.6

 

Copyright (c)

2005, Google Inc. All rights reserved.

 

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

  • Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
  • Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
  • Neither the name of Google Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission

 

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