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