200008-001 Rev G Page 1 of 15 END USER AGREEMENT This End User Agreement ("Agreement") is a legal agreement between you, as purchaser of the Products ("Customer") and Silver Peak Systems, Inc. ("Company") regarding your purchase of the Product with these terms and conditions. By using the Product, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, promptly return the Product and accompanying items to the place you obtained them for a full refund. 1. Definitions. "Appliance Product" means the hardware product that accompanies these terms and conditions. "Documentation" means any user instructions, manuals or other materials, and on-line help files regarding the use of the Products that are generally provided by Company in connection with the Products. "Product(s)" means collectively, the Appliance Product and the Software. "Software" means Company's commercially released machine-executable object code version of software, either for execution on the Appliance Product or as a standalone product, and any updates, upgrades, or new releases of such software that are made available by Company from time to time. "Third Party Software" means third party components, libraries, or modules and relevant documentation delivered with the Software including but not limited to items listed in Exhibit A. 2. Software. Subject to the terms and conditions of this Agreement, Company grants to Customer a personal, non-exclusive, non-sublicenseable and non-transferable license to (a) use the Software, either as installed on the Appliance Product or, if distributed separately as a standalone product, then as distributed, solely in binary form for Customer's own internal needs; and (b) use the Documentation in connection with the permitted use of the Software. All right, title and interest in and to the Software (including all modifications) and Documentation, and all intellectual property rights therein, will remain the sole property of Company, subject to the express licenses granted to Customer under this Section. Company shall own any and all rights, title and interest in and to any feedback, suggestions, information or materials conveyed to Company in connection with this Agreement ("Feedback"). Customer hereby assigns to Company its entire right, title and interest in such Feedback. Customer agrees that it will execute any documents and take any additional actions Company deems necessary to evidence, record and perfect the foregoing assignment. Customer will not itself, or through any parent, subsidiary, affiliate, agent or other third party: (a) sell, lease, license or sublicense the Software or the Documentation; (b) decompile, disassemble or reverse engineer the Software, in whole or in part, or otherwise attempt to derive source code, the underlying algorithms, ideas, structures or techniques from the Software (except that this limitation will not apply to the extent that such activities may not be prohibited under applicable law); (c) allow access to the Software by any entity or individual other than Customer's employees or authorized contractors; (d) write or develop any derivative software or any other software program based upon the Software or any Confidential Information; (e) use the Software to provide processing services to third parties, or otherwise use the Software on a 'service bureau' or hosted basis; (f) redistribute, provide, disclose, divulge or make available to, or permit use of the Software by any third party without Company's prior written consent; or (g) copy the Software. This license to the Software shall be immediately terminated by the Company in the event of a material breach of this Agreement by Customer. 3. Sale Conveys No License. The Products are offered for sale and are sold by Company subject in every case to the condition that such sale does not convey any license, expressly or by implication, estoppel or otherwise, under any patent claim with respect to which Company can grant licenses covering complete equipment, or any assembly, circuit combination, method or process in which any such Products are used as components. Company expressly reserves all its rights under such patent claims 200008-001 Rev G End User Agreement Page 2 of 15 4. Third Party Software. Customer understands and agrees that, although provided to Customer by Company with the Software, Customer's use of the Third Party Software shall be and is governed by the relevant terms and conditions governing such use, as stated in Exhibit A to this Agreement ("Third Party Licenses") and Customer acknowledges and agrees that Customer has reviewed the terms of such licenses and that Customer agrees to be bound by the terms of such Third Party Licenses. In this regard, such Third Party Licenses may grant Customer greater rights of use with respect to such Third Party Software than permitted under Section 2 of this Agreement with respect to the Software. In no event does this Agreement grant any right or license to, and Customer shall not use, distribute or otherwise exploit any of the Software with any other third party software. For a period of three years from the date of your purchase of the Software, Company will at your request provide to you a copy of the source code for the Third Party Software licensed under the GPL and LGPL licenses, including any modifications made by Company. Company may charge reasonable shipping and handling charges for such distribution. Please direct requests in writing to the address set forth in Section 11 of this Agreement. 5. Limited Warranty. (a) Company warrants that the Appliance Products sold will be free from defects in materials and workmanship and substantially perform to Company's applicable published specifications for a period of one (1) year from purchase by Customer. (b) Appliance Products or parts which have been subject to abuse, misuse, accident, alteration, neglect, unauthorized repair or installation are not covered by warranty. Company will make the final determination as to the existence and cause of any alleged defect. (c) Company will provide access to all minor and maintenance releases of Software for a period of ninety (90) days from purchase by Customer. (c) This warranty is the only warranty made by Company with respect to the Products delivered hereunder and may be modified or amended only by a written instrument that is signed by a duly authorized officer of Company and accepted by Customer. (d) The liability of Company hereunder shall be limited to replacing or repairing, at its option, (or, at Company's option, refunding the purchase price of such units) or with respect to the Software, repair or replacement is limited to providing minor and maintenance releases of the Software that Company generally makes available from time to time. In no case are Products to be returned without first obtaining permission and a customer return order number from Company. EXCEPT AS PROVIDED ABOVE, COMPANY MAKES NO, AND HEREBY DISCLAIMS ALL OTHER, WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 6. WARRANTY DISCLAIMER. EXCEPT AS SET FORTH ABOVE, COMPANY AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. COMPANY AND ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND NO FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING. 7. INDEMNIFICATION. Company agrees that it will, at its own expense, defend all suits or proceedings instituted against Customer and pay any award or damages finally assessed against Customer in such suits or proceedings, insofar as the same are based on any claim that the products or any parts thereof furnished under this agreement constitute an infringement in the United States of any United States patent, copyright or trademark; provided, however, that Customer (i) gives immediate written notice to Company of the institution of the suit or proceedings, (ii) permits Company through its counsel to defend the same and gives Company all needed information, assistance, and authority to enable Company to do so. Notwithstanding the foregoing, Company will not be responsible for, and the foregoing indemnity obligation shall not apply to (a) infringement of any patent covering the use of the products in combination with any other products, process, equipment or materials not furnished by Company, (b) a use of the products that is not their intended use; or (c) any device, part, good or product specified by Customer. In case the products furnished by Company are in such suit held in and of 200008-001 Rev G End User Agreement Page 3 of 15 themselves to constitute infringement and their use is enjoined, Company, within a reasonable time, will, at its option, either (i) secure for Customer the right to continue using the Products by suspension of the injunction, by procuring for the Customer a license, or by some other means, or (ii) at Company's own expense, replace the Products with non-infringing Products, or (iii) accept the return of the enjoined products and refund the sums paid therefor. THE FOREGOING STATES COMPANY'S ENTIRE LIABILITY AND OBLIGATION (EXPRESS, STATUTORY, IMPLIED OR OTHERWISE) WITH RESPECT TO INTELLECTUAL PROPERTY INFRINGEMENT OR CLAIMS THEREFOR. 8. LIMITATION OF LIABILITY. COMPANY'S LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR SALE WILL BE LIMITED TO REFUND OF THE PURCHASE PRICE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT) WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY ARISING OUT OF THIS AGREEMENT. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST CUSTOMER. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 9. Confidentiality. Customer shall hold in the strictest confidence the Software and any related materials or information including, but not limited to, any technical data, research, product plans or know-how provided by Company to Customer, either directly or indirectly in writing, orally or by inspection of tangible objects ("Confidential Information"). Customer shall not disclose any Confidential Information to third parties, including any of its employees who do not have a need to know such information and Customer shall take reasonable measures to protect the secrecy of, and to avoid disclosure and unauthorized use of the Confidential Information. Customer shall immediately notify Company in the event of an unauthorized or suspected use or disclosure of the Confidential Information. 10. Miscellaneous. This Agreement will be governed by and construed under the laws of the State of California without regard to its conflict of laws provisions. The federal and state courts in the Northern District of California will have exclusive jurisdiction and venue to adjudicate any dispute arising out of this Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter hereof and supersedes all prior discussions, proposals and understandings between them. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless set forth in writing signed by officers of both parties hereto. Customer agrees not to export the Software in violation of the laws and regulations of the United States or any other nation. This Agreement will be binding upon and inure to the benefit of the parties hereto, their valid successors and assigns. If any provision of this Agreement is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to enforce its rights under this Agreement at any time for any period will not be construed as a waiver of such rights. 11. Questions. Should you have any questions concerning the foregoing, please contact Company at the following address: Silver Peak Systems, Inc. 4500 Great America Parkway, Suite 100 Santa Clara, CA 95054 Fax: (408) 261-8935 http://www.silver-peak.com 200008-001 Rev G End User Agreement Page 4 of 15 Exhibit A In addition to the Silver Peak Systems, Inc. proprietary software program indicated above which is subject to the terms and conditions of the Silver Peak End User License Agreement, you may have also been provided additional separate and distinct programs each of which has its own licensing and copyright terms as follows: Silver Peak Open Source Software Components Software License Source/Copyright PHP module for Apache (and dependent modules) PHP License www.php.net wz_tootip.js LGPL http://www.walterzorn.com/tooltip/tooltip_e.htm #extensions Linux Fedora Core 2 GPL VRRP FreeBSD www.freebsd.org. Portions of this software are based upon public domain software originally written at the National Center for Supercomputing Applications, University of Illinois, Urbana-Champaign. Copyright 1994-2005 The FreeBSD Project. All rights reserved. gSoap (SoapCPP Compiler) gSOAP Public License Portions created by gSOAP are Copyright (C) 2001-2004 Robert A. van Engelen, Genivia inc. All Rights Reserved. SMB Headers from SAMBA Code (CIFS) LGPL Apache bsdstr.c Busybox Crystalfontz E1000 driver howl initscripts Less lfi Libevent Libtecla Apache BSD GPL Version 2 GPL and BSD-like GPL V2 BSD-like and APSL GPL BSD BSD BSD-like Components included with TM distribution: http://www.apache.org/licenses/LICEN SE-2.0, www.freebsd.org/ http://www.busybox.net/downloads/busybox- 1.00.tar.bz2 http://www.crystalfontz.com/products/633/633_ linux.tar.gz http://downloadcenter.intel.com/detail_desc.asp x?agr=Y&DwnldID=9180 http://www.porchdogsoft.com/download/howl- 1.0.0.tar.gz http://www.greenwoodsoftware.com/less/less- 394.tar.gz BSD http://www.freebsd.org/cgi/cvsweb.cgi/ports/de vel/libevent http://www.astro.caltech.edu/~mcs/tecla/libtecla -1.6.1.tar.gz200008-001 Rev G End User Agreement Page 5 of 15 Software License Source/Copyright Linux Kernel Linux RPMS login md5c.c PAM Radius PAM Tacplus PAM Unix NET-SNMP OpenSSH Parted sSMTP Sysklogd TCL Vixie-Cron queue.h Zeroconf Zile GPL GPL BSD BSD-like BSD-like GPL V2 BSD-like BSD and GPL BSD BSD GPL GPL GPL BSD GPL-like BSD GPL BSD http://www.kernel.org http://download.fedora.redhat.com/pub/archive/ fedora/linux/core/6/source/SRPMS/ www.freebsd.org http://userpages.umbc.edu/~mabzug1/cs/ md5/md5-c-100.tar.gz http://archive.fedoraproject.org/pub/archi ve/fedora/linux/core/6/source/SRPMS/ http://archive.fedoraproject.org/pub/archi ve/fedora/linux/core/6/source/SRPMS/ http://archive.fedoraproject.org/pub/archi ve/fedora/linux/core/6/source/SRPMS/ http://www.net-snmp.org/ http://www.openssh.org/ http://ftp.gnu.org/gnu/parted/ http://ssmtp.sourcearchive.com/ http://sysklogd.sourcearchive.com/ http://tcl.sourceforge.net/ http://archive.fedoraproject.org/pub/archi ve/fedora/linux/core/6/source/SRPMS/ www.freebsd.org http://www.porchdogsoft.com/download/ howl-1.0.0.tar.gz http://ftp.gnu.org/gnu/zile/ Bonnie++ Bonnie License http://www.textuality.com/bonnie/copyright.html Memtest86 GPL http://www.memtest.org VSFTPD (Very Secure FTP Daemon) ** GPL http:// vsftpd.beasts.org/ Dojo Toolkit "New" BSD http://dojotoolkit.org/ JRE Sun Binary Code License http://java.sun.org/ Log4j Apache 2.0 http://logging.apache.org/log4j J2SE (application server components) Sun Binary Code License http://java.sun.org/ JFree.org JFreechart LGPL http://jfree.org/ JFree.org JCommon LGPL http://jfree.org Apache Axis / Commons / Xerces XML Apache 2.0 License http://axis.apache.org Java Activation / Mail / Help / SOAP / XMLRPC Libraries Sun Binary Code License http://java.sun.org/ Swiss Federal Institute of Technology SCP client software Modified Bouncy Castle License iText: PDF generation Mozilla Public License Version 1.1 http://www.lowagie.com/iText/ BeanShell LGPL BeanShell Java Scripting distribution. Documentation and updates may be found at http://www.beanshell.org/ The Original Code is BeanShell. The Initial Developer of the Original Code is Pat Niemeyer. Portions created by Pat Niemeyer are Copyright 200008-001 Rev G End User Agreement Page 6 of 15 Software License Source/Copyright (C) 2000. All Rights Reserved. brctl GPL bridge-utils.sourcearchive.com makedumpfile GPL http:// makedumpfile.sourcearchive.com mcelog GPL http:// mcelog.sourcearchive.com Python Python License http:// www.python.org/getit/ jquery MIT http://code.jquery.com 200008-001 Rev G End User Agreement Page 7 of 15 Here are copies of the GPLv2 and LGPLv2: GPL Version 2, June 1991 Copyright (C) 1989, 1991 Free Software Foundation, Inc. 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Library General Public License instead.) You can apply it to your programs, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it. For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights. We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software. Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. The precise terms and conditions for copying, distribution and modification follow. GNU GENERAL PUBLIC LICENSE TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you". Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does. 200008-001 Rev G End User Agreement Page 8 of 15 1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program. You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee. 2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions: a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change. b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License. c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.) These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it. Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program . In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License. 3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following: a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or, c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.) The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either 200008-001 Rev G End User Agreement Page 9 of 15 source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable. If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code. 4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance. 5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it. 6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License. 7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program. If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances. It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice. This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License. 8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License. 9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns. Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation. 200008-001 Rev G End User Agreement Page 10 of 15 10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally. NO WARRANTY 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "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 PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 12. 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 PROGRAM 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 PROGRAM (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 PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ****************************************************************** GNU Library General Public License (LGPL), Version 2June 1991 Copyright (C) 1991 Free Software Foundation, Inc. 675 Mass Ave, Cambridge, MA 02139, USA Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed. Preamble The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public Licenses are intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This license, the Library General Public License, applies to some specially designated Free Software Foundation software, and to any other libraries whose authors decide to use it. You can use it for your libraries, too. When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things. To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the library, or if you modify it. For example, if you distribute copies of the library, whether gratis or for a fee, you must give the recipients all the rights that we gave you. You must make sure that they, too, receive or can get the source code. If you link a program with the library, you must provide complete object files to the recipients so that they can relink them with the library, after making changes to the library and recompiling it. And you must show them these terms so they know their rights. 200008-001 Rev G End User Agreement Page 11 of 15 Our method of protecting your rights has two steps: (1) copyright the library, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the library. Also, for each distributor's protection, we want to make certain that everyone understands that there is no warranty for this free library. If the library is modified by someone else and passed on, we want its recipients to know that what they have is not the original version, so that any problems introduced by others will not reflect on the original authors' reputations. Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that companies distributing free software will individually obtain patent licenses, thus in effect transforming the program into proprietary software. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all. Most GNU software, including some libraries, is covered by the ordinary GNU General Public License, which was designed for utility programs. This license, the GNU Library General Public License, applies to certain designated libraries. This license is quite different from the ordinary one; be sure to read it in full, and don't assume that anything in it is the same as in the ordinary license. The reason we have a separate public license for some libraries is that they blur the distinction we usually make between modifying or adding to a program and simply using it. Linking a program with a library, without changing the library, is in some sense simply using the library, and is analogous to running a utility program or application program. However, in a textual and legal sense, the linked executable is a combined work, a derivative of the original library, and the ordinary General Public License treats it as such. Because of this blurred distinction, using the ordinary General Public License for libraries did not effectively promote software sharing, because most developers did not use the libraries. We concluded that weaker conditions might promote sharing better. 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