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Anonymous committed e23faf6

Upgraded to version 1.3.3

git-svn-id: http://svn.opensymphony.com/svn/quartz/trunk@20169f7d36a-ea1c-0410-88ea-9fd03e4c9665

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lib/build/javamail.license.txt

+Pre-Release 
+Software Evaluation Agreement
+
+SUN MICROSYSTEMS, INC. ("SUN") IS WILLING TO LICENSE THE JAVAMAIL 1.3.3
+EA PRE-RELEASE SOFTWARE TO LICENSEE ONLY UPON THE CONDITION THAT
+LICENSEE ACCEPTS ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT
+("AGREEMENT"). PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT
+CAREFULLY. BY DOWNLOADING OR INSTALLING THIS SOFTWARE, LICENSEE ACCEPTS
+THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. INDICATE ACCEPTANCE
+BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THIS AGREEMENT. IF
+LICENSEE IS NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE
+"DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR
+INSTALL PROCESS WILL NOT CONTINUE.
+
+1.0 DEFINITIONS
+
+"Licensed Software" means the JavaMail 1.3.3 EA pre-release software in
+binary and/or source code forms, any other machine readable materials
+(including, but not limited to, libraries, source files, header files,
+and data files) and any user manuals, programming guides and other
+documentation provided to Licensee by Sun under this Agreement.
+
+2.0 LIMITED LICENSE
+
+2.1 Source Code. Sun grants to Licensee, a non-exclusive,
+non-transferable, royalty-free and limited license to view the source
+code portions of the Licensed Software internally for the purposes of
+evaluation only.
+
+2.2 Binary Code. Sun grants to Licensee, a non-exclusive,
+non-transferable, royalty-free and limited license to use the binary
+code portions of the Licensed Software internally for the purposes of
+evaluation only.
+
+2.3 No licenses are granted to Licensee for any other purposes,
+Licensee may not sell, rent, loan or otherwise encumber or transfer
+Licensed Software in whole or in part, to any third party.
+
+3.0 LICENSE RESTRICTIONS
+
+3.1 Licensee may not duplicate Licensed Software other than for a
+single copy of Licensed Software for archival purposes only. Licensee
+agrees to reproduce any copyright and other proprietary right notices
+on any such copy.
+
+3.2 Except as otherwise provided by law, Licensee may not modify or
+create derivative works of the Licensed Software, or reverse engineer,
+disassemble or decompile binary portions of the Licensed Software, or
+otherwise attempt to derive the source code from such portions.
+
+3.3 No right, title, or interest in or to Licensed Software, any
+trademarks, service marks, or trade names of Sun or Sun's licensors is
+granted under this Agreement.
+
+3.4 Licensee shall have no right to use the Licensed Software for
+productive or commercial use.
+
+4.0 NO SUPPORT
+
+Sun is under no obligation to support Licensed Software or to provide
+Licensee with updates or error corrections (collectively "Software
+Updates"). If Sun, at its sole option, supplies Software Updates to
+Licensee, the Software Updates will be considered part of Licensed
+Software, and subject to the terms of this Agreement.
+
+5.0 LICENSEE DUTIES
+
+Licensee agrees to evaluate and test the Licensed Software for use with
+Licensee's products and to provide Feedback to Sun's email address:
+javamail@sun.com. Any test results, error data, reports or other
+information, or materials provided to Sun relating to the Licensed
+Software ("Feedback") is the exclusive property and Confidential
+Information of Sun. Licensee hereby assigns all Feedback to Sun at no
+cost to Sun. Sun may use Feedback in any manner and for any purpose,
+without limitation, liability or obligation to Licensee.
+
+6.0 TERM AND TERMINATION OF AGREEMENT
+
+6.1 This Agreement will commence on the date on which Licensee receives
+Licensed Software (the "Effective Date") and will expire sixty (60)
+days from the Effective Date, unless terminated earlier as provided
+herein.
+
+6.2 Either party may terminate this Agreement upon ten (10) days'
+written notice to the other party. However, Sun may terminate this
+Agreement immediately should any Licensed Software become, or in Sun's
+opinion be likely to become, the subject of a claim of infringement of
+a patent, trade secret or copyright.
+
+6.3 Sun may terminate this Agreement immediately should Licensee
+materially breach any of its provisions or take any action in
+derogation of Sun's rights to the Confidential Information licensed to
+Licensee.
+
+6.4 Upon termination or expiration of this Agreement, Licensee will
+immediately cease use of and destroy Licensed Software, any copies
+thereof and provide to Sun a written statement certifying that Licensee
+has complied with the foregoing obligations.
+
+6.5 Rights and obligations under this Agreement which by their nature
+should survive, will remain in effect after termination or expiration
+hereof.
+
+7.0 CONFIDENTIAL INFORMATION
+
+7.1 For purposes of this Agreement, "Confidential Information" means:
+(i) business and technical information and any source code or binary
+code, which Sun discloses to Licensee related to Licensed Software;
+(ii) Licensee's feedback based on Licensed Software; and (iii) the
+terms, conditions, and existence of this Agreement. Licensee may not
+disclose or use Confidential Information, except for the purposes
+specified in this Agreement. Licensee will protect the Confidential
+Information with the same degree of care, but not less than a
+reasonable degree of care, as Licensee uses to protect its own
+Confidential Information. Licensee's obligations regarding Confidential
+Information will expire no less than five (5) years from the date of
+receipt of the Confidential Information, except for Sun source code
+which will be protected in perpetuity. Licensee agrees that Licensed
+Software contains Sun trade secrets.
+
+7.2 Notwithstanding any provisions contained in this Agreement
+concerning nondisclosure and non-use of the Confidential Information,
+the nondisclosure obligations of Section 7.1 will not apply to any
+portion of Confidential Information that Licensee can demonstrate in
+writing is: (i) now, or hereafter through no act or failure to act on
+the part of Licensee becomes, generally known to the general public;
+(ii) known to Licensee at the time of receiving the Confidential
+Information without an obligation of confidentiality; (iii) hereafter
+rightfully furnished to Licensee by a third party without restriction
+on disclosure; or (iv) independently developed by Licensee without any
+use of the Confidential Information.
+
+7.3 Licensee must restrict access to Confidential Information to its
+employees or contractors with a need for this access to perform their
+employment or contractual obligations and who have agreed in writing to
+be bound by a confidentiality obligation, which incorporates the
+protections and restrictions substantially as set forth in this
+Agreement.
+
+8.0 DISCLAIMER OF WARRANTY
+
+8.1 Licensee acknowledges that Licensed Software may contain errors and
+is not designed, licensed, or intended for use in the design,
+construction, operation or maintenance of any nuclear facility ("High
+Risk Activities"). Sun disclaims any express or implied warranty of
+fitness for such uses. Licensee represents and warrants to Sun that it
+will not use, distribute or license the Licensed Software for High Risk
+Activities.
+
+8.2 LICENSED SOFTWARE IS PROVIDED "AS IS". ALL EXPRESS OR IMPLIED
+CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED
+WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A
+PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE
+EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
+
+9.0 LIMITATION OF LIABILITY
+
+9.1 Licensee acknowledges that the Licensed Software may be
+experimental and that the Licensed Software may have defects or
+deficiencies, which cannot or will not be corrected by Sun. Licensee
+will hold Sun harmless from any claims based on Licensee's use of the
+Licensed Software for any purposes other than those of internal
+evaluation, and from any claims that later versions or releases of any
+Licensed Software furnished to Licensee are incompatible with the
+Licensed Software provided to Licensee under this Agreement.
+
+9.2 To the extent not prohibited by law, in no event will Sun be liable
+for any indirect, punitive, special, incidental or consequential damage
+in connection with or arising out of this Agreement (including loss of
+business, revenue, profits, use, data or other economic advantage),
+however it arises, whether for breach or in tort, even if Sun has been
+previously advised of the possibility of such damage.
+
+10.0 U.S. GOVERNMENT RESTRICTED RIGHTS
+
+If this Software is being acquired by or on behalf of the U.S.
+Government or by a U.S. Government prime contractor or subcontractor
+(at any tier), then the Government's rights in the Software and
+accompanying documentation shall be only as set forth in this license;
+this is in accordance with 48 C.F.R. 227.7202-4 (for Department of
+Defense (DOD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for
+non-DOD acquisitions).
+
+11.0 GENERAL TERMS
+
+11.1 Any action relating to or arising out of this Agreement will be
+governed by California law and controlling U.S. federal law. The U.N.
+Convention for the International Sale of Goods and the choice of law
+rules of any jurisdiction will not apply.
+
+11.2 Licensed Software and technical data delivered under this
+Agreement are subject to U.S. export control laws and may be subject to
+export or import regulations in other countries. Licensee agrees to
+comply strictly with all such laws and regulations and acknowledges
+that it has the responsibility to obtain such licenses to export,
+re-export or import as may be required after delivery to Licensee.
+
+11.3 It is understood and agreed that, notwithstanding any other
+provision of this Agreement, Licensee's breach of the provisions of
+Section 7 of this Agreement will cause Sun irreparable damage for which
+recovery of money damages would be inadequate, and that Sun will
+therefore be entitled to seek timely injunctive relief to protect Sun's
+rights under this Agreement in addition to any and all remedies
+available at law.
+
+11.4 Neither party may assign or otherwise transfer any of its rights
+or obligations under this Agreement, without the prior written consent
+of the other party, except that Sun may assign this Agreement to an
+affiliated company.
+
+11.5 This Agreement is the parties' entire agreement relating to its
+subject matter. It supersedes all prior or contemporaneous oral or
+written communications, proposals, conditions, representations and
+warranties and prevails over any conflicting or additional terms of any
+quote, order, acknowledgment, or other communication between the
+parties relating to its subject matter, including any Binary Code
+Licenses, Supplemental Terms, or other licenses contained within
+Licensed Software. No modification to this Agreement will be binding,
+unless in writing and signed by an authorized representative of each
+party.