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ITP enhydra



Package: wnpp
Severity: normal

I intend to package Enhydra, an open source Java/XML application server
<http://www.enhydra.org/software/enhydra/index.html>.  It is licensed as
follows (according to <http://www.enhydra.org/software/license/>):

Base Enhydra server and tools: FreeBSD license
XMLC component: Enhydra public license (EPL)
Enhydra Enterprise server: Enhydra Public License (EPL)

The EPL <http://wWW.ENHYDRa.org/software/license/epl.html> is based on the
Mozilla license, and claims to be DFSG-free.  I am attaching copies of the
license, in text and HTML formats, so that someone with a better feel for these
things may review it.

The base server will go into either main or contrib, depending on whether it
will work with Kaffe (no one seems to have been able to, but I will try).  The
Enterprise Server requires a 1.2 JDK, so it will definitely go into contrib.

I may or may not package Enhydra Enterprise to start, as it is currently in
alpha.  My decision will depend on whether there appear to be usable point
releases.

-- 
 - mdz
Title: Enhydra: Open Source Java/XML Application Server

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Enhydra PUBLIC LICENSE
Version 1.0


1. Definitions.

    1.1. ``Contributor'' means each entity that creates or contributes to the creation of Modifications.

    1.2. ``Contributor Version'' means the combination of the Original Code, prior Modifications used by a Contributor, and the Modifications made by that particular Contributor.

    1.3. ``Covered Code'' means the Original Code or Modifications or the combination of the Original Code and Modifications, in each case including portions thereof.

    1.4. ``Electronic Distribution Mechanism'' means a mechanism generally accepted in the software development community for the electronic transfer of data.

    1.5. ``Executable'' means Covered Code in any form other than Source Code.

    1.6. ``Initial Developer'' means the individual or entity identified as the Initial Developer in the Source Code notice required by Exhibit A.

    1.7. ``Larger Work'' means a work which combines Covered Code or portions thereof with code not governed by the terms of this License.

    1.8. ``License'' means this document.

    1.9. ``Modifications'' means any addition to or deletion from the substance or structure of either the Original Code or any previous Modifications. When Covered Code is released as a series of files, a Modification is:

      A. Any addition to or deletion from the contents of a file containing Original Code or previous Modifications.

      B. Any new file that contains any part of the Original Code or previous Modifications.

    1.10. ``Original Code'' means Source Code of computer software code which is described in the Source Code notice required by Exhibit A as Original Code, and which, at the time of its release under this License is not already Covered Code governed by this License.

    1.11. ``Source Code'' means the preferred form of the Covered Code for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an Executable, or a list of source code differential comparisons against either the Original Code or another well known, available Covered Code of the Contributor's choice. The Source Code can be in a compressed or archival form, provided the appropriate decompression or de-archiving software is widely available for no charge.

    1.12. ``You'' means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License or a future version of this License issued under Section 6.1. For legal entities, ``You'' includes any entity which controls, is controlled by, or is under common control with You. For purposes of this definition, ``control'' means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of fifty percent (50%) or more of the outstanding shares or beneficial ownership of such entity.

2. Source Code License.
    2.1. The Initial Developer Grant.
    The Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

      (a) to use, reproduce, modify, display, perform, sublicense and distribute the Original Code (or portions thereof) with or without Modifications, or as part of a Larger Work; and

      (b) under patents now or hereafter owned or controlled by Initial Developer, to make, have made, use and sell (``offer to sell and import'') the Original Code (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Original Code (or portions thereof) and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

    2.2. Contributor Grant.
    Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license, subject to third party intellectual property claims:

      (a) to use, reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor (or portions thereof) either on an unmodified basis, with other Modifications, as Covered Code or as part of a Larger Work; and

      (b) under patents now or hereafter owned or controlled by Contributor, to Utilize the Contributor Version (or portions thereof), but solely to the extent that any such patent is reasonably necessary to enable You to Utilize the Contributor Version (or portions thereof), and not to any greater extent that may be necessary to Utilize further Modifications or combinations.

3. Distribution Obligations.
    3.1. Application of License.
    The Modifications which You create or to which You contribute are governed by the terms of this License, including without limitation Section 2.2. The Source Code version of Covered Code may be distributed only under the terms of this License or a future version of this License released under Section 6.1, and You must include a copy of this License with every copy of the Source Code You distribute. You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder. However, You may include an additional document offering the additional rights described in Section 3.5.

    3.2. Availability of Source Code.
    Any Modification which You create or to which You contribute must be made available in Source Code form under the terms of this License either on the same media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone to whom you made an Executable version available; and if made available via Electronic Distribution Mechanism, must remain available for at least twelve (12) months after the date it initially became available, or at least six (6) months after a subsequent version of that particular Modification has been made available to such recipients. You are responsible for notifying the Initial Developer of the Modification and the location of the Source Code if a contact means is provided. Lutris will be acting as maintainer of the Source Code and may provide an Electronic Distribution mechanism for the Modification to be made available. You can contact Lutris to make the Modification available and to notify the Initial Developer. (http://www.lutris.com/)

    3.3. Description of Modifications.
    You must cause all Covered Code to which you contribute to contain a file documenting the changes You made to create that Covered Code and the date of any change. You must include a prominent statement that the Modification is derived, directly or indirectly, from Original Code provided by the Initial Developer and including the name of the Initial Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation in which You describe the origin or ownership of the Covered Code.

    3.4. Intellectual Property Matters

      (a) Third Party Claims.
      If You have knowledge that a party claims an intellectual property right in particular functionality or code (or its utilization under this License), you must include a text file with the source code distribution titled ``LEGAL'' which describes the claim and the party making the claim in sufficient detail that a recipient will know whom to contact. If you obtain such knowledge after You make Your Modification available as described in Section 3.2, You shall promptly modify the LEGAL file in all copies You make available thereafter and shall take other steps (such as notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those who received the Covered Code that new knowledge has been obtained.

      (b) Contributor APIs.
      If Your Modification is an application programming interface and You own or control patents which are reasonably necessary to implement that API, you must also include this information in the LEGAL file.

    3.5. Required Notices.
    You must duplicate the notice in Exhibit A in each file of the Source Code, and this License in any documentation for the Source Code, where You describe recipients' rights relating to Covered Code. If You created one or more Modification(s), You may add your name as a Contributor to the notice described in Exhibit A. If it is not possible to put such notice in a particular Source Code file due to its structure, then you must include such notice in a location (such as a relevant directory file) where a user would be likely to look for such a notice. You may choose to offer, and to charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Code. However, You may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability terms You offer.

    3.6. Distribution of Executable Versions.
    You may distribute Covered Code in Executable form only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You include a notice stating that the Source Code version of the Covered Code is available under the terms of this License, including a description of how and where You have fulfilled the obligations of Section 3.2. The notice must be conspicuously included in any notice in an Executable version, related documentation or collateral in which You describe recipients' rights relating to the Covered Code. You may distribute the Executable version of Covered Code under a license of Your choice, which may contain terms different from this License, provided that You are in compliance with the terms of this License and that the license for the Executable version does not attempt to limit or alter the recipient's rights in the Source Code version from the rights set forth in this License. If You distribute the Executable version under a different license You must make it absolutely clear that any terms which differ from this License are offered by You alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor as a result of any such terms You offer. If you distribute executable versions containing Covered Code, you must reproduce the notice in Exhibit B in the documentation and/or other materials provided with the product.

    3.7. Larger Works.
    You may create a Larger Work by combining Covered Code with other code not governed by the terms of this License and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this License are fulfilled for the Covered Code.

4. Inability to Comply Due to Statute or Regulation.

    If it is impossible for You to comply with any of the terms of this License with respect to some or all of the Covered Code due to statute or regulation then You must: (a) comply with the terms of this License to the maximum extent possible; and (b) Cite all of the statutes or regulations that prohibit you from complying fully with this license. (c) describe the limitations and the code they affect. Such description must be included in the LEGAL file described in Section 3.4 and must be included with all distributions of the Source Code. Except to the extent prohibited by statute or regulation, such description must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.

5. Application of this License.
    This License applies to code to which the Initial Developer has attached the notice in Exhibit A, and to related Covered Code.
6. Versions of the License.
    6.1. New Versions.
    Lutris Technologies Inc. (``Lutris'') may publish revised and/or new versions of the License from time to time. Each version will be given a distinguishing version number.

    6.2. Effect of New Versions.
    Once Covered Code has been published under a particular version of the License, You may always continue to use it under the terms of that version. You may also choose to use such Covered Code under the terms of any subsequent version of the License published by Lutris. No one other than Lutris has the right to modify the terms applicable to Covered Code created under this License.

    6.3. Derivative Works.
    If you create or use a modified version of this License (which you may only do in order to apply it to code which is not already Covered Code governed by this License), you must (a) rename Your license so that the phrases ``Enhydra'', ``EnhydraPL'', ``Lutris'', ``EPL'' or any confusingly similar phrase do not appear anywhere in your license and (b) otherwise make it clear that your version of the license contains terms which differ from the Enhydra Public License. (Filling in the name of the Initial Developer, Original Code or Contributor in the notice described in Exhibit A shall not of themselves be deemed to be modifications of this License.)

7. DISCLAIMER OF WARRANTY.
    COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN ``AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. TERMINATION.
    This License and the rights granted hereunder will terminate automatically if You fail to comply with terms herein and fail to cure such breach within 30 days of becoming aware of the breach. All sublicenses to the Covered Code which are properly granted shall survive any termination of this License. Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
9. LIMITATION OF LIABILITY.
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THAT EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS.
    The Covered Code is a ``commercial item,'' as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of ``commercial computer software'' and ``commercial computer software documentation,'' as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code with only those rights set forth herein.
11. MISCELLANEOUS.
    This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed by the laws of the State of California, excluding its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen of, or an entity chartered or registered to do business in, the United States of America: (a) unless otherwise agreed in writing, all disputes relating to this License (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration; (b) any arbitration relating to this Agreement shall be held in San Francisco County, California, under the auspices of JAMS/EndDispute; and (c) any litigation relating to this Agreement shall be subject to the jurisdiction of the Federal Courts of the Northern District of California, with venue lying in San Francisco County, California, with the losing party responsible for costs, including without limitation, court costs and reasonable attorneys fees and expenses. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS.
    Except in cases where another Contributor has failed to comply with Section 3.4, You are responsible for damages arising, directly or indirectly, out of Your utilization of rights under this License, based on the number of copies of Covered Code you made available, the revenues you received from utilizing such rights, and other relevant factors. You agree to work with affected parties to distributwLutrise responsibility on an equitable basis.
EXHIBIT A.
    Enhydra Java Application Server
    The Initial Developer of the Original Code is Lutris Technologies Inc.
    Portions created by Lutris are Copyright (C) 1997-2000 Lutris Technologies Inc.
    All Rights Reserved.

    The contents of this file are subject to the Enhydra Public License Version 1.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at http://www.enhydra.org/software/license/epl.html

    Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for the specific language governing rights and limitations under the License.

EXHIBIT B.
    Part of the software embedded in this product is Enhydra (Java/XML Application Server), a trademark of Lutris Technologies Inc.

    Portions created by Lutris are Copyright (C) 1997-2000 Lutris Technologies (http://www.lutris.com). All Rights Reserved.

    THE SOFTWARE IN THIS PRODUCT WAS IN PART PROVIDED BY LUTRIS 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 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.


                     Enhydra PUBLIC LICENSE
                               Version 1.0 



              1. Definitions. 

                1.1. ``Contributor'' means each entity that creates or
                contributes to the creation of Modifications. 

                1.2. ``Contributor Version'' means the combination of
                the Original Code, prior Modifications used by a
                Contributor, and the Modifications made by that particular
                Contributor. 

                1.3. ``Covered Code'' means the Original Code or
                Modifications or the combination of the Original Code and
                Modifications, in each case including portions thereof. 

                1.4. ``Electronic Distribution Mechanism'' means a
                mechanism generally accepted in the software development
                community for the electronic transfer of data. 

                1.5. ``Executable'' means Covered Code in any form other
                than Source Code. 

                1.6. ``Initial Developer'' means the individual or entity
                identified as the Initial Developer in the Source Code notice
                required by Exhibit A. 

                1.7. ``Larger Work'' means a work which combines
                Covered Code or portions thereof with code not governed
                by the terms of this License. 

                1.8. ``License'' means this document. 

                1.9. ``Modifications'' means any addition to or deletion
                from the substance or structure of either the Original Code
                or any previous Modifications. When Covered Code is
                released as a series of files, a Modification is: 

                   A. Any addition to or deletion from the contents of a
                   file containing Original Code or previous Modifications.

                   B. Any new file that contains any part of the Original
                   Code or previous Modifications. 

                1.10. ``Original Code'' means Source Code of computer
                software code which is described in the Source Code notice
                required by Exhibit A as Original Code, and which, at the
                time of its release under this License is not already Covered
                Code governed by this License. 

                1.11. ``Source Code'' means the preferred form of the
                Covered Code for making modifications to it, including all
                modules it contains, plus any associated interface definition
                files, scripts used to control compilation and installation of
                an Executable, or a list of source code differential
                comparisons against either the Original Code or another
                well known, available Covered Code of the Contributor's
                choice. The Source Code can be in a compressed or
                archival form, provided the appropriate decompression or
                de-archiving software is widely available for no charge. 

                1.12. ``You'' means an individual or a legal entity
                exercising rights under, and complying with all of the terms
                of, this License or a future version of this License issued
                under Section 6.1. For legal entities, ``You'' includes any
                entity which controls, is controlled by, or is under common
                control with You. For purposes of this definition, ``control''
                means (a) the power, direct or indirect, to cause the
                direction or management of such entity, whether by
                contract or otherwise, or (b) ownership of fifty percent
                (50%) or more of the outstanding shares or beneficial
                ownership of such entity. 

              2. Source Code License. 

                2.1. The Initial Developer Grant. 
                The Initial Developer hereby grants You a world-wide,
                royalty-free, non-exclusive license, subject to third party
                intellectual property claims: 

                   (a) to use, reproduce, modify, display, perform,
                   sublicense and distribute the Original Code (or portions
                   thereof) with or without Modifications, or as part of a
                   Larger Work; and 

                   (b) under patents now or hereafter owned or controlled
                   by Initial Developer, to make, have made, use and sell
                   (``offer to sell and import'') the Original Code (or
                   portions thereof), but solely to the extent that any such
                   patent is reasonably necessary to enable You to Utilize
                   the Original Code (or portions thereof) and not to any
                   greater extent that may be necessary to Utilize further
                   Modifications or combinations. 

                2.2. Contributor Grant. 
                Each Contributor hereby grants You a world-wide,
                royalty-free, non-exclusive license, subject to third party
                intellectual property claims: 

                   (a) to use, reproduce, modify, display, perform,
                   sublicense and distribute the Modifications created by
                   such Contributor (or portions thereof) either on an
                   unmodified basis, with other Modifications, as Covered
                   Code or as part of a Larger Work; and 

                   (b) under patents now or hereafter owned or controlled
                   by Contributor, to Utilize the Contributor Version (or
                   portions thereof), but solely to the extent that any such
                   patent is reasonably necessary to enable You to Utilize
                   the Contributor Version (or portions thereof), and not
                   to any greater extent that may be necessary to Utilize
                   further Modifications or combinations. 

              3. Distribution Obligations. 

                3.1. Application of License. 
                The Modifications which You create or to which You
                contribute are governed by the terms of this License,
                including without limitation Section 2.2. The Source Code
                version of Covered Code may be distributed only under the
                terms of this License or a future version of this License
                released under Section 6.1, and You must include a copy of
                this License with every copy of the Source Code You
                distribute. You may not offer or impose any terms on any
                Source Code version that alters or restricts the applicable
                version of this License or the recipients' rights hereunder.
                However, You may include an additional document
                offering the additional rights described in Section 3.5. 

                3.2. Availability of Source Code. 
                Any Modification which You create or to which You
                contribute must be made available in Source Code form
                under the terms of this License either on the same media as
                an Executable version or via an accepted Electronic
                Distribution Mechanism to anyone to whom you made an
                Executable version available; and if made available via
                Electronic Distribution Mechanism, must remain available
                for at least twelve (12) months after the date it initially
                became available, or at least six (6) months after a
                subsequent version of that particular Modification has been
                made available to such recipients. You are responsible for
                notifying the Initial Developer of the Modification and the
                location of the Source Code if a contact means is provided.
                Lutris will be acting as maintainer of the Source Code and
                may provide an Electronic Distribution mechanism for the
                Modification to be made available. You can contact Lutris
                to make the Modification available and to notify the Initial
                Developer. (http://www.lutris.com/) 

                3.3. Description of Modifications. 
                You must cause all Covered Code to which you contribute
                to contain a file documenting the changes You made to
                create that Covered Code and the date of any change. You
                must include a prominent statement that the Modification
                is derived, directly or indirectly, from Original Code
                provided by the Initial Developer and including the name of
                the Initial Developer in (a) the Source Code, and (b) in any
                notice in an Executable version or related documentation in
                which You describe the origin or ownership of the Covered
                Code. 

                3.4. Intellectual Property Matters 

                   (a) Third Party Claims. 
                   If You have knowledge that a party claims an
                   intellectual property right in particular functionality or
                   code (or its utilization under this License), you must
                   include a text file with the source code distribution
                   titled ``LEGAL'' which describes the claim and the
                   party making the claim in sufficient detail that a
                   recipient will know whom to contact. If you obtain such
                   knowledge after You make Your Modification available
                   as described in Section 3.2, You shall promptly modify
                   the LEGAL file in all copies You make available
                   thereafter and shall take other steps (such as notifying
                   appropriate mailing lists or newsgroups) reasonably
                   calculated to inform those who received the Covered
                   Code that new knowledge has been obtained. 

                   (b) Contributor APIs. 
                   If Your Modification is an application programming
                   interface and You own or control patents which are
                   reasonably necessary to implement that API, you must
                   also include this information in the LEGAL file. 

                3.5. Required Notices. 
                You must duplicate the notice in Exhibit A in each file of
                the Source Code, and this License in any documentation for
                the Source Code, where You describe recipients' rights
                relating to Covered Code. If You created one or more
                Modification(s), You may add your name as a Contributor
                to the notice described in Exhibit A. If it is not possible to
                put such notice in a particular Source Code file due to its
                structure, then you must include such notice in a location
                (such as a relevant directory file) where a user would be
                likely to look for such a notice. You may choose to offer,
                and to charge a fee for, warranty, support, indemnity or
                liability obligations to one or more recipients of Covered
                Code. However, You may do so only on Your own behalf,
                and not on behalf of the Initial Developer or any
                Contributor. You must make it absolutely clear that any
                such warranty, support, indemnity or liability obligation is
                offered by You alone, and You hereby agree to indemnify
                the Initial Developer and every Contributor for any liability
                incurred by the Initial Developer or such Contributor as a
                result of warranty, support, indemnity or liability terms You
                offer. 

                3.6. Distribution of Executable Versions. 
                You may distribute Covered Code in Executable form only
                if the requirements of Section 3.1-3.5 have been met for
                that Covered Code, and if You include a notice stating that
                the Source Code version of the Covered Code is available
                under the terms of this License, including a description of
                how and where You have fulfilled the obligations of Section
                3.2. The notice must be conspicuously included in any
                notice in an Executable version, related documentation or
                collateral in which You describe recipients' rights relating
                to the Covered Code. You may distribute the Executable
                version of Covered Code under a license of Your choice,
                which may contain terms different from this License,
                provided that You are in compliance with the terms of this
                License and that the license for the Executable version does
                not attempt to limit or alter the recipient's rights in the
                Source Code version from the rights set forth in this
                License. If You distribute the Executable version under a
                different license You must make it absolutely clear that any
                terms which differ from this License are offered by You
                alone, not by the Initial Developer or any Contributor. You
                hereby agree to indemnify the Initial Developer and every
                Contributor for any liability incurred by the Initial Developer
                or such Contributor as a result of any such terms You offer.
                If you distribute executable versions containing Covered
                Code, you must reproduce the notice in Exhibit B in the
                documentation and/or other materials provided with the
                product. 

                3.7. Larger Works. 
                You may create a Larger Work by combining Covered Code
                with other code not governed by the terms of this License
                and distribute the Larger Work as a single product. In such
                a case, You must make sure the requirements of this
                License are fulfilled for the Covered Code. 

              4. Inability to Comply Due to Statute or Regulation. 

                If it is impossible for You to comply with any of the terms
                of this License with respect to some or all of the Covered
                Code due to statute or regulation then You must: (a)
                comply with the terms of this License to the maximum
                extent possible; and (b) Cite all of the statutes or
                regulations that prohibit you from complying fully with this
                license. (c) describe the limitations and the code they affect.
                Such description must be included in the LEGAL file
                described in Section 3.4 and must be included with all
                distributions of the Source Code. Except to the extent
                prohibited by statute or regulation, such description must
                be sufficiently detailed for a recipient of ordinary skill to be
                able to understand it. 

              5. Application of this License. 

                This License applies to code to which the Initial Developer
                has attached the notice in Exhibit A, and to related
                Covered Code. 

              6. Versions of the License. 

                6.1. New Versions. 
                Lutris Technologies Inc. (``Lutris'') may publish revised
                and/or new versions of the License from time to time. Each
                version will be given a distinguishing version number. 

                6.2. Effect of New Versions. 
                Once Covered Code has been published under a particular
                version of the License, You may always continue to use it
                under the terms of that version. You may also choose to
                use such Covered Code under the terms of any subsequent
                version of the License published by Lutris. No one other
                than Lutris has the right to modify the terms applicable to
                Covered Code created under this License. 

                6.3. Derivative Works. 
                If you create or use a modified version of this License
                (which you may only do in order to apply it to code which is
                not already Covered Code governed by this License), you
                must (a) rename Your license so that the phrases
                ``Enhydra'', ``EnhydraPL'', ``Lutris'', ``EPL'' or any
                confusingly similar phrase do not appear anywhere in your
                license and (b) otherwise make it clear that your version of
                the license contains terms which differ from the Enhydra
                Public License. (Filling in the name of the Initial Developer,
                Original Code or Contributor in the notice described in
                Exhibit A shall not of themselves be deemed to be
                modifications of this License.) 

              7. DISCLAIMER OF WARRANTY. 

                COVERED CODE IS PROVIDED UNDER THIS
                LICENSE ON AN ``AS IS'' BASIS, WITHOUT
                WARRANTY OF ANY KIND, EITHER EXPRESSED
                OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
                WARRANTIES THAT THE COVERED CODE IS FREE
                OF DEFECTS, MERCHANTABLE, FIT FOR A
                PARTICULAR PURPOSE OR NON-INFRINGING.
                THE ENTIRE RISK AS TO THE QUALITY AND
                PERFORMANCE OF THE COVERED CODE IS WITH
                YOU. SHOULD ANY COVERED CODE PROVE
                DEFECTIVE IN ANY RESPECT, YOU (NOT THE
                INITIAL DEVELOPER OR ANY OTHER
                CONTRIBUTOR) ASSUME THE COST OF ANY
                NECESSARY SERVICING, REPAIR OR CORRECTION.
                THIS DISCLAIMER OF WARRANTY CONSTITUTES
                AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
                ANY COVERED CODE IS AUTHORIZED
                HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 

              8. TERMINATION. 

                This License and the rights granted hereunder will
                terminate automatically if You fail to comply with terms
                herein and fail to cure such breach within 30 days of
                becoming aware of the breach. All sublicenses to the
                Covered Code which are properly granted shall survive any
                termination of this License. Provisions which, by their
                nature, must remain in effect beyond the termination of this
                License shall survive. 

              9. LIMITATION OF LIABILITY. 

                UNDER NO CIRCUMSTANCES AND UNDER NO
                LEGAL THEORY, WHETHER TORT (INCLUDING
                NEGLIGENCE), CONTRACT, OR OTHERWISE,
                SHALL THE INITIAL DEVELOPER, ANY OTHER
                CONTRIBUTOR, OR ANY DISTRIBUTOR OF
                COVERED CODE, OR ANY SUPPLIER OF ANY OF
                SUCH PARTIES, BE LIABLE TO YOU OR ANY
                OTHER PERSON FOR ANY INDIRECT, SPECIAL,
                INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
                ANY CHARACTER INCLUDING, WITHOUT
                LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
                WORK STOPPAGE, COMPUTER FAILURE OR
                MALFUNCTION, OR ANY AND ALL OTHER
                COMMERCIAL DAMAGES OR LOSSES, EVEN IF
                SUCH PARTY SHALL HAVE BEEN INFORMED OF
                THE POSSIBILITY OF SUCH DAMAGES. THIS
                LIMITATION OF LIABILITY SHALL NOT APPLY TO
                LIABILITY FOR DEATH OR PERSONAL INJURY
                RESULTING FROM SUCH PARTY'S NEGLIGENCE
                TO THE EXTENT APPLICABLE LAW PROHIBITS
                SUCH LIMITATION. SOME JURISDICTIONS DO NOT
                ALLOW THE EXCLUSION OR LIMITATION OF
                INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
                THAT EXCLUSION AND LIMITATION MAY NOT
                APPLY TO YOU. 

              10. U.S. GOVERNMENT END USERS. 

                The Covered Code is a ``commercial item,'' as that term is
                defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of
                ``commercial computer software'' and ``commercial
                computer software documentation,'' as such terms are
                used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
                C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
                227.7202-4 (June 1995), all U.S. Government End Users
                acquire Covered Code with only those rights set forth
                herein. 

              11. MISCELLANEOUS. 

                This License represents the complete agreement
                concerning subject matter hereof. If any provision of this
                License is held to be unenforceable, such provision shall be
                reformed only to the extent necessary to make it
                enforceable. This License shall be governed by the laws of
                the State of California, excluding its conflict-of-law
                provisions. With respect to disputes in which at least one
                party is a citizen of, or an entity chartered or registered to do
                business in, the United States of America: (a) unless
                otherwise agreed in writing, all disputes relating to this
                License (excepting any dispute relating to intellectual
                property rights) shall be subject to final and binding
                arbitration, with the losing party paying all costs of
                arbitration; (b) any arbitration relating to this Agreement
                shall be held in San Francisco County, California, under the
                auspices of JAMS/EndDispute; and (c) any litigation
                relating to this Agreement shall be subject to the
                jurisdiction of the Federal Courts of the Northern District of
                California, with venue lying in San Francisco County,
                California, with the losing party responsible for costs,
                including without limitation, court costs and reasonable
                attorneys fees and expenses. The application of the United
                Nations Convention on Contracts for the International Sale
                of Goods is expressly excluded. Any law or regulation
                which provides that the language of a contract shall be
                construed against the drafter shall not apply to this License.

              12. RESPONSIBILITY FOR CLAIMS. 

                Except in cases where another Contributor has failed to
                comply with Section 3.4, You are responsible for damages
                arising, directly or indirectly, out of Your utilization of
                rights under this License, based on the number of copies of
                Covered Code you made available, the revenues you
                received from utilizing such rights, and other relevant
                factors. You agree to work with affected parties to
                distributwLutrise responsibility on an equitable basis. 

              EXHIBIT A. 

                Enhydra Java Application Server 
                The Initial Developer of the Original Code is Lutris
                Technologies Inc. 
                Portions created by Lutris are Copyright (C) 1997-2000
                Lutris Technologies Inc. 
                All Rights Reserved. 

                The contents of this file are subject to the Enhydra Public
                License Version 1.0 (the "License"); you may not use this
                file except in compliance with the License. You may obtain
                a copy of the License at
                http://www.enhydra.org/software/license/epl.html 

                Software distributed under the License is distributed on an
                "AS IS" basis, WITHOUT WARRANTY OF ANY KIND,
                either express or implied. See the License for the specific
                language governing rights and limitations under the
                License. 

              EXHIBIT B. 

                Part of the software embedded in this product is Enhydra
                (Java/XML Application Server), a trademark of Lutris
                Technologies Inc. 

                Portions created by Lutris are Copyright (C) 1997-2000
                Lutris Technologies (http://www.lutris.com). All Rights
                Reserved. 

                THE SOFTWARE IN THIS PRODUCT WAS IN PART
                PROVIDED BY LUTRIS 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 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. 

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