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LICENSE AGREEMENT AND LIMITED PRODUCT WARRANTY
389(TM) DIRECTORY SERVER
This agreement governs the use of 389 Directory Server,
Administration Server and Management Console (collectively, the
"SOFTWARE") and any updates to the Software, regardless of the
delivery mechanism.
1. 389 DIRECTORY SERVER
1.1 LICENSE GRANT. 389 Directory Server ("389") is a modular
application consisting of hundreds of software components and is a
collective work under U.S. Copyright Law. Subject to the following
terms, Red Hat, Inc. ("RED HAT") grants to the user ("LICENSEE") a
license to this collective work pursuant to the GNU General Public
License. Please note that Administration Server and Management
Console, which are binary-only code used to configure and administer
FDS, are subject to the license terms in Section 2. The end user
license agreement for each component of FDS is located in the
component's source code. The license terms for the components
permit LICENSEE to copy, modify, and redistribute the component, in
both source code and binary code forms. This agreement does not limit
LICENSEE's rights under, or grant LICENSEE rights that supersede, the
license terms of any particular component.
1.2 LICENSE EXCEPTION. In addition, as a special exception, Red Hat
gives LICENSEE the additional right to link the code of FDS with code
not covered under the GNU General Public License ("NON-GPL CODE") and
to distribute linked combinations including the two, subject to the
limitations in this paragraph. Non-GPL Code permitted under this
exception must only link to the code of FDS through those well defined
interfaces identified in that file named EXCEPTION in the source code
files for FDS (the "APPROVED INTERFACES"). The files of Non-GPL Code
may instantiate templates or use macros or inline functions from the
Approved Interfaces without causing the resulting work to be covered
by the GNU General Public License. Only Red Hat may make changes or
additions to the list of Approved Interfaces. LICENSEE must comply
with the GNU General Public License in all respects for all of the FDS
code and other code used in conjunction with FDS except the Non-GPL
Code covered by this exception. If LICENSEE modifies FDS, LICENSEE may
extend this exception to its version of FDS, but LICENSEE is not
obligated to do so. If LICENSEE does not wish to provide this
exception without modification, LICENSEE must delete this exception
statement from LICENSEE's version of FDS and license FDS solely under
the GPL without exception.
1.3 INTELLECTUAL PROPERTY RIGHTS. FDS and each of its components,
including the source code, documentation, appearance, structure and
organization are owned by Red Hat and others and are protected under
copyright and other laws. Title to FDS and any component, or to any
copy, modification, or merged portion shall remain with the
aforementioned, subject to the applicable license.
2. ADMINISTRATION SERVER, AND MANAGEMENT CONSOLE
2.1 LICENSE GRANT. Subject to the provisions of this Section 2.1, Red
Hat hereby grants LICENSEE a non-exclusive, non-transferable,
worldwide, perpetual, fully paid right (without the right to
sublicense) to use, reproduce and distribute Administration Server
("ADMIN SERVER"), and Management Console ("CONSOLE") in executable,
machine-readable form. LICENSEE must reproduce all copyright and
other proprietary notices on such copies. LICENSEE may only reproduce
and distribute Admin Server or Console to another party if the other
party agrees in writing to be obligated by the terms and conditions of
this Section 2.1. Except as provided in this Section 2.1, LICENSEE
may not modify, copy, transfer or otherwise use Admin Server, or
Console, and all licenses granted in this Section 2 are automatically
terminated if LICENSEE does so.
2.2 CHANGE IN LICENSING. It is Red Hat's intent to change the terms
of the license granted in this Section 2 to that of an open source
license. If such change is generally announced to the public,
LICENSEE will have the option to elect to have Admin Server and
Console governed by the terms of such open source license. If
LICENSEE does not make such election, the terms of this Agreement will
continue to govern LICENSEE's use of Admin Server and Console.
3. LIMITED WARRANTY. Except as specifically stated in this Section 3
or a license for a particular component, TO THE MAXIMUM EXTENT
PERMITTED UNDER APPLICABLE LAW, THE SOFTWARE AND THE COMPONENTS ARE
PROVIDED AND LICENSED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESSED
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Red Hat does
not warrant that the functions contained in the Software will meet
LICENSEE's requirements or that the operation of the Software will be
entirely error free or appear precisely as described in the
accompanying documentation.
4. LIMITATION OF REMEDIES AND LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, RED HAT WILL NOT BE LIABLE TO LICENSEE
FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR
LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE,
EVEN IF RED HAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
5. EXPORT CONTROL. As required by U.S. law, LICENSEE represents and
warrants that it: (a) understands that the Software is subject to
export controls under the U.S. Commerce Department's Export
Administration Regulations ("EAR"); (b) is not located in a prohibited
destination country under the EAR or U.S. sanctions regulations
(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria); (c)
will not export, re-export, or transfer the Software to any prohibited
destination, entity, or individual without the necessary export
license(s) or authorizations(s) from the U.S. Government; (d) will
not use or transfer the Software for use in any sensitive nuclear,
chemical or biological weapons, or missile technology end-uses unless
authorized by the U.S. Government by regulation or specific license;
(e) understands and agrees that if it is in the United States and
exports or transfers the Software to eligible end users, it will, as
required by EAR Section 740.17(e), submit semi-annual reports to the
Commerce Department's Bureau of Industry & Security (BIS), which
include the name and address (including country) of each transferee;
and (f) understands that countries other than the United States may
restrict the import, use, or export of encryption products and that it
shall be solely responsible for compliance with any such import, use,
or export restrictions.
6. THIRD PARTY PROGRAMS. Red Hat may distribute third party software
programs with the Software that are not part of the Software. These
third party programs are subject to their own license terms. The
license terms either accompany the programs or can be viewed at
http://www.redhat.com/licenses/. If LICENSEE does not agree to abide
by the applicable license terms for such programs, then LICENSEE may
not install them. If LICENSEE wishes to install the programs on more
than one system or transfer the programs to another party, then
LICENSEE must contact the licensor of the programs.
7. GENERAL. If any provision of this agreement is held to be
unenforceable, that shall not affect the enforceability of the
remaining provisions. This agreement shall be governed by the laws of
the State of North Carolina and of the United States, without regard
to any conflict of laws provisions, except that the United Nations
Convention on the International Sale of Goods shall not apply.
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