resin_® license

		   Caucho Developer Source License
		              Version 1.2
			     
Caucho Technology, Inc. ("Caucho") permits use of the accompanying software 
and documentation ("the Software") provided that all of the conditions of 
the Caucho Developer Source License ("the License Agreement") are met:

1. You must not alter or remove any copyright or trademark notices in the Software.

2. You may use the Software to develop, evaluate, and demonstrate applications.

3. You shall not deploy the Software on an amount of CPU cores in excess of 
that amount expressly authorized by this License Agreement. Furthermore, you 
shall only deploy the license version identified in the License Agreement.

4. Caucho reserves all rights to the Software not explicitly granted by the 
License Agreement. Licensee expressly acknowledges that Caucho reserves all 
rights, title and interest in the copyright to the Software and expressly 
disclaims any and all interest therein. Licensee expressly acknowledges 
that Caucho reserves all rights, title and interest to the trademarks Resin, 
Quercus, Amber, Hessian and Powered by Resin, and expressly disclaims any 
and all interest therein.  You must not use any of Caucho’s intellectual 
properties to endorse products derived from the licensed software. 
"Resin", “Quercus”, “Hessian”, “Amber” and "Caucho" may not appear 
in the names of any products derived from this software.

5. Each copy of the Software in source or binary form must include 
an unmodified copy of the License Agreement in a plain ASCII text 
file named LICENSE AGREEMENT.

6. If you transmit any improvement or modification of the Software to 
Caucho, you agree to assign the copyright of the improvement or 
modification to Caucho forthwith.

7. The License Agreement will terminate immediately without notice from 
Caucho if you fail to comply with any provision or condition of the 
License Agreement. Upon termination, you must destroy all copies and 
derived works of the Software.  You may terminate the License Agreement 
at any time by destroying all copies and derived works of the Software.

8. You acknowledge that you are solely responsible for the use you make 
of the Software. Accordingly, you agree to indemnify and hold Caucho harmless 
from and against any and all demands, claims, or suits by third parties for 
loss, damages or expenses (including attorneys' fees) arising out of, 
or related to, use of the Software by you or any other individuals or entities. 

9. The Software is provided "AS IS," without warranty of any kind.  
ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT 
NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR 
A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND 
EXCLUDED TO THE FULLEST EXTENT PERMISSABLE BY LAW. 

10. CAUCHO AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES 
SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING 
THE SOFTWARE. IN NO EVENT WILL CAUCHO TECHNOLOGY OR ITS LICENSORS BE 
LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, 
SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED 
AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF 
OR INABILITY TO USE THE SOFTWARE, EVEN IF CAUCHO HAS BEEN ADVISED 
OF THE POSSIBILITY OF SUCH DAMAGES.

11. The word “You” as used herein shall apply and refer to each and 
every licensee hereunder. Any action related to the License Agreement 
shall be governed by California law and the State of California shall 
exercise exclusive jurisdiction over any action arising from this License. 
For all purposes associated with the Software and this License Agreement, 
You consent to personal jurisdiction within California and agree to venue 
within either Los Angeles or San Diego counties at the exclusive option 
of Caucho.

12. The only supported version of the Software is the latest release 
of the Software. Bug fixes may be available in the next normally 
scheduled version release of the Software.

13. Severability.  If any provision(s) of this License Agreement is 
held to be invalid, void or unenforceable  under any applicable statute 
or rule of law, it shall be, to that extent, be deemed omitted, and all 
of the remaining portions of this License Agreement shall remain fully enforceable.

14.  Modifications and Term Waivers. This License Agreement may be 
amended or modified only by a written agreement signed by the party 
to be charged with the modification and/or amendment. No waiver of 
any condition or term herein shall be effective unless it is embodied 
in writing signed by the Party against whom the waiver is charged.  
A waiver by either party of any term or condition of this License 
Agreement in any instance shall not be deemed or construed to be 
a waiver of such term or condition for the future or any subsequent breach thereof. 

15. The prevailing party in any action arising out of an alleged breach 
of this License Agreement shall be entitled to an award of reasonable 
attorneys’ fees and costs incurred in connection with any such action 
in addition to all other remedies otherwise available to the prevailing party.

16.  Licensee acknowledges that Caucho may be irreparably damaged by 
any unauthorized use of the Software or other material breach of this 
License Agreement. Without prejudice to the rights and remedies otherwise 
available to Caucho, Licensee expressly agrees that Caucho shall be entitled 
to seek equitable relief, including an injunction or specific performance, 
against Licensee in the event Licensee breaches any provisions, terms or 
conditions of this License Agreement.  In the event Caucho exercises 
its right to seek an injunction against Licensee pursuant to this paragraph, 
Licensee agrees that Caucho shall have no obligation to post any bond 
or other security in connection with said injunction.

17. Entire Agreement. This License Agreement represents the entire agreement 
between the parties, and supersedes all prior agreements, representations 
and understandings (whether oral or in writing) with respect to the matters 
covered by this Agreement.  The terms and conditions of this License Agreement 
shall prevail in the event of any variance with any purchase order or 
invoice produced by Licensee.