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TIB Ems 10.3.0 License

This document outlines an end user agreement between a customer and a cloud software company. It defines key terms used in the agreement, outlines the terms for various product types including software, cloud services, hardware, and professional services, and places limitations on the customer's use of the products.

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narasakuru79
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0% found this document useful (0 votes)
39 views33 pages

TIB Ems 10.3.0 License

This document outlines an end user agreement between a customer and a cloud software company. It defines key terms used in the agreement, outlines the terms for various product types including software, cloud services, hardware, and professional services, and places limitations on the customer's use of the products.

Uploaded by

narasakuru79
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 33

End User Agreement

THIS IS A LEGAL AGREEMENT BETWEEN CUSTOMER AND THE CLOUD SOFTWARE GROUP, INC. ENTITY
REFERENCED IN THE ORDER THAT GOVERNS CUSTOMER'S ACCESS AND USE OF COMPANY PRODUCTS. BY
ACCESSING AND/OR USING THE PRODUCTS, CUSTOMER IS AGREEING TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY PRODUCTS SOLD SEPARATELY WHICH
SHALL BE SUBJECT TO THE TERMS OF THE THIRD PARTY PROVIDER.

1. Definitions

1.1. "Affiliate" means with respect to a party, any entity which directly or indirectly controls, is controlled by, or
is under common control with such party, where "control" means the power, directly or indirectly, to direct, or
to cause the direction of, the management and policies of an entity, through majority ownership of voting
securities or equity interests.

1.2. "Agreement" means the End User Agreement and any other documents incorporated by reference,
including an Order.

1.3. "Authorized Reseller" means Company's authorized resellers and distributors.

1.4. "Authorized User" means Customer's employees, agents, contractors, consultants, or other third parties
permitted under the applicable license model, and who have agreed in writing to be bound by terms at least as
protective of Licensor as those in this Agreement. Authorized User specifically excludes a third party that
deploys, operates, and manages the Software in an environment owned or controlled by such third party on
Customer's behalf.

1.5. "Business Unit" means a Company operating unit supporting a specific Product.

1.6. "Cloud Services" means software-as-a-service offerings made available via a remote network, inclusive
of any applicable on-premises components.

1.7. "Company" means Cloud Software Group, Inc., or its Affiliate, that delivers the Products pursuant to an
Order.

1.8. "Confidential Information" means any information disclosed by either party, whether or not marked,
including, without limitation, the provisions of the Agreement, the Products, Materials, individual contact
information provided by either party, or related performance test results derived by Customer, but expressly
excludes Customer Content and Personal Data.

1.9. "Consulting Services" means installation, configuration, training or other professional services performed
by Company pursuant to an Order.

1.10. "Contact" means a Customer contact person who interfaces with Company's Maintenance personnel.

1.11. "Customer" means the legal entity or individual that Orders Products from Company or an Authorized
Reseller.

1.12. "Customer Content" means (i) any data uploaded to a Cloud Service for storage or data in Customer's
computing environment to which Company is provided access in order to perform Cloud Services or (ii)
disclosed by Customer to Company for the purpose of receiving Maintenance and/or Consulting Services.
Customer Content may be confidential in nature and is subject to the standard of care set forth in Section 6.

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Copyright © 2024 Cloud Software Group, Inc.
1.13. "Documentation" means material provided with a Product, as updated by Company from time to time,
describing how to make use of that Product.

1.14. "Education Services" means training services performed or delivered by Company.

1.15. "Error" means a material failure of the Software, Cloud Services, or Hardware to conform to its
functional specifications described in the Documentation that is reported by Customer to and replicable by
Company.

1.16. "Fees" means all fees and/or payments stated in an Order applicable to the Products.

1.17. "Hardware" means appliances or other physical devices offered as Products.

1.18. "Maintenance" means Company's provision of technical support services and Updates, which are
provided pursuant to the Business Unit Terms associated with the Product purchased in an Order.

1.19. "Materials" means any tangible or intangible information, design, specification, instruction, projectware
or data (and any modifications, adaptations, derivative works or enhancements) provided by Company during
the performance of Consulting Services which incorporates, reinforces or is used to apply Company's
configuration or implementation methodologies, processes and know-how to Customer's use of the Software,
excluding Customer Content.

1.20. "Number of Units" means, for each Order, the license entitlement under the applicable license model for
each Product, and for multiple Orders, collectively, the cumulative entitlement to each.

1.21. "Perpetual" means a license for Software, where Maintenance (if available) is in addition to the Software
license Fees, and the right to use the Software is for an indefinite period of time, unless applicable law renders
a perpetual license invalid, in which case, "Perpetual" means the right to use the Software for a period of
ninety-nine (99) years from the Order Effective Date.

1.22. "Order" means a document or process memorializing Customer's purchase of Products (including an
order form, Purchase Order, statement of work, Work Order, on-line order, or other form of an ordering
document delivered or made available by Company) submitted by Customer to (i) Company, (ii) a Company
authorized reseller, and/or (iii) through Company Product websites.

1.23. "Product" means Software, Cloud Services, Hardware, Maintenance, Consulting Services, and
Education Services.

1.24. "Purchase Order" means any document issued by Customer requesting Products.

1.25. "Software" means a Company proprietary or licensed third party program and/or Open Source Software
program in object code form which is licensed hereunder including Documentation and any subsequent
Updates provided under Maintenance.

1.26. "Subscription" means the license to use the Software or Cloud Service stated in an Order and identified
as Subscription, that includes the right to receive Maintenance during the Term.

1.27. "Term" means the duration for which the Customer is entitled to use the Products as stated in an Order,
including renewal terms if any.

1.28. "Updates" means any corrections, bug fixes, features or functions added to or removed from the
Software or Cloud Services if and when made generally available by Company under Maintenance.

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2. Product terms

2.1. Software. Unless otherwise stated in the Agreement or in the Order, Company grants Customer a
limited, non-transferable, non-sublicensable, non-exclusive, worldwide license to install, run, and use the
Number of Units of Software during the Term (if applicable) solely for internal business purposes in
accordance with the applicable license restrictions stated in the Business Unit Terms, an Order, and
Documentation.

2.2. Cloud Services. Unless otherwise stated in the Agreement or in the Order, Company grants Customer a
limited, non-transferable, non-sublicenseable, non-exclusive, worldwide license to access and use the
Number of Units of Cloud Services during the Term solely for internal business purposes in accordance with
the applicable license restrictions stated in the Business Unit Terms, Order, and Documentation. Additional
Cloud Service Terms are stated at https://terms.tibco.com/#cloud-services, which are incorporated by
reference.

2.3. Hardware. Hardware is provided for use of Software as licensed hereunder in accordance with the
Business Unit Terms and Hardware Documentation.

2.4. Consulting Services. Consulting Services are provided pursuant to the Consulting Services Terms
available at https://terms.tibco.com/#consulting-services.

2.5. Maintenance. Maintenance is provided pursuant to the Business Unit Terms (defined below).

2.6. Education Services and Courseware. Unless otherwise stated in the Agreement or in the Order,
Company grants Customer a limited, non-transferable, non-sublicensable, non-exclusive, worldwide license
use the Number of Units of Education Services and/or Courseware as stated in an Order in accordance with
the applicable license restrictions stated in the Business Unit Terms and Documentation solely for internal
business purposes.

2.7. Limitations on Use. Except to the extent permitted by applicable law, Customer shall not (i) make more
copies of the Software than required for use (except for a reasonable number of copies for archival purposes)
or use any unlicensed versions of the Products; (ii) use any Products that are not listed in an Order even if
such unlicensed software is made available to Customer as part of Company's general delivery mechanisms;
(iii) provide access to Products to anyone other than Authorized Users; (iv) sublicense, distribute or pledge the
Software or any of the rights granted in the Agreement; (v) modify, distribute, prepare derivative works of,
reverse engineer, reverse assemble, disassemble, decompile or attempt to decipher any code relating to
Products; (vi) use or access any embedded or bundled component of Products on a stand-alone basis where
such embedded or bundled component is provided to Customer for the sole purpose of enabling the
functionality of such Product; (vii) use third party software except in conjunction with Products and subject to
the same use rights that it has to the Products; (viii) use any third party software in conjunction with any
Products, unless Customer ensures that such use does not cause the Product to become subject to any third
party license applicable to such third party software or require the public disclosure or distribution of any
Product or the licensing of any Product or Materials or the purpose of making derivative works; (ix) market,
offer to sell, and/or resell Products (but Products may be used by Customer in support of Customer's
proprietary offering(s)); and (x) if the Customer is a Company competitor, use Products for competitive
benchmarking or analysis, unless permitted under applicable law.

2.8. Business Unit Terms. Additional Product specific terms are defined and stated in the
https://terms.tibco.com/#business-unit-terms ("Business Unit Terms").

3. Orders and Delivery

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3.1. Orders. Customer shall order Products by issuing an Order to Company using the ordering and renewal
process pursuant to the applicable Business Unit Terms. The ordering process may specify Orders be
submitted to Authorized Resellers or directly to Company. All Orders, including renewals, are subject to
acceptance by Company at its discretion.

3.2. Delivery. Company shall deliver the Software, Cloud Services and Courseware electronically and
delivery is deemed complete when the Product is made available to Customer. Company shall ship Hardware
(or other tangible Product components, if any) Ex Works Company's shipping location (Incoterms 2020), and
title shall pass to Customer upon delivery by Company to the shipping location.

4. Financial Terms

4.1. Payment Terms. Customer is responsible for all Fees and Taxes on Orders. In the event a purchase is
direct with Company, Customer shall pay Company net thirty (30) days from the date of the invoice. All
purchases are final, with no right to a refund or set-off, except as expressly provided in this Agreement.
Company may charge Customer an additional 1.5% per month (or such lower amount as required by
applicable law) for all Fees that are not paid on time. Company reserves the right to suspend or terminate
delivery of any Product, or any portion thereof, for non-payment of Fees.

4.2. Multiyear Subscriptions. If Customer purchases a multi-year Subscription for any Product, or a multi-
year renewal for any Product, the purchase is for the full value stated in the Order and is non-cancellable
during the Term stated in the Order.

4.3. Renewal Fees. Company may increase any other recurring Fees upon written notice 60 days prior to the
end of the then current Term stated in the Order.

4.4. Taxes. Fees stated in an Order are exclusive of all applicable transactional taxes on Products and
Services (including but not limited to withholding tax, sales tax, services tax, value-added tax (VAT), goods
and services tax (GST), and tariffs and/or duties) imposed by any government entity or collecting agency
based on the Products ("Taxes"). Customer shall (i) pay Company such applicable Taxes (excluding
Company's income taxes) listed on the relevant invoice or (ii) withhold all applicable taxes according to the
local rules, both of which may be in addition to Fees due.

5. Intellectual Property

5.1. Company Proprietary Rights. Subject to Section 5.3, Company and its Affiliates own, or have license
rights to, all intellectual property rights in Software, Cloud Services, Materials, and Documentation, and all
derivatives thereof (collectively "Protected Materials"), and Company trademarks ("Company Marks"), which
are protected by applicable patent, copyright, trademark and trade secret laws. Customer must duplicate
unaltered copies of all proprietary notices incorporated in or affixed to any Protected Materials. Except as
expressly licensed stated in the Agreement, Customer receives no other rights to use any of Company's
Protected Materials or Company Marks. Except for the limited license use rights expressly granted in the
Agreement, Customer has no right, title or interest in or to the Protected Materials, Products, or Company
Marks or any intellectual property rights related thereto. In no event may Customer alter or delete any
proprietary notices on Protected Materials.

5.2. Customer Proprietary Rights. Customer Content and Personal Data remains the property of Customer;
except for a limited, non-exclusive, worldwide license to Company to provide any services under this
Agreement.

5.3. Open Source Software. Certain Products include Open Source Software that is governed by the open
source license(s) indicated as applicable to the code at https://www.citrix.com/buy/licensing/open-source.html

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Copyright © 2024 Cloud Software Group, Inc.
or as listed in Documentation. "Open Source Software" means third party software distributed by Company
under an open source licensing model (e.g., MIT License, Apache License BSD license, the GNU General
Public License, or a license similar to those approved by the Open Source Initiative).

6. Confidentiality

6.1. Non-Disclosure. Neither party shall disclose Confidential Information to any third party (other than an
Affiliate) without the disclosing party's prior consent. Confidential Information may only be disclosed to
individuals that need to know such information, and on the condition that the individual is subject to a written
agreement to protect information with terms as protective as this Agreement. Company may use data
collected during the Term for any purpose in an aggregated, anonymized form, provided that such data is
aggregated from more than one customer and does not identify Customer, Customer employees, or
Customers' customers. Confidential Information remains the sole property of the disclosing party; except for
rights explicitly granted in the Agreement, the receiving party does not acquire any rights to such Confidential
Information.

6.2. Exclusions. The duty to protect Confidential Information does not apply to information that is shown to
be: (i) available to the public other than by a breach of a confidentiality obligation; (ii) rightfully received from a
third party not in breach of a confidentiality obligation; (iii) independently developed by one party without use
of the Confidential Information of the other; (iv) known to the recipient at the time of disclosure (other than
under a separate confidentiality obligation); (v) produced in compliance with applicable law or court order,
provided the other party is given reasonable advance notice of the obligation to produce Confidential
Information (to the extent legally permitted) and reasonable assistance, at the disclosing party's cost, if the
disclosing party wishes to contest the disclosure.

6.3. Remedies. Except as prohibited by local law, each party shall indemnify the other for any damages
(including reasonable expenses) the other may sustain resulting from a breach of this Section. Money
damages may not be a sufficient remedy for a breach of confidentiality. If either party breaches the
confidentiality obligations, the non-breaching party may seek injunctive or other equitable relief without the
necessity of posting a bond even if otherwise normally required. Such injunctive or equitable relief is in
addition to all other rights and remedies available at law or in equity.

7. Security and Privacy

7.1. Software Security. Company develops and delivers Products, and provides Cloud Services,
Maintenance, or Consulting Services, in accordance with the Services Security Exhibit at
https://www.citrix.com/buy/licensing/citrix-services-security-exhibit.html ("Security Exhibit"), which is
incorporated by reference into the Agreement.

7.2. Data Security. For Cloud Services, Maintenance, or Consulting Services that requires Company to
process Personal Data, Company (as defined in the DPA) shall (i) implement and maintain the administrative,
physical and technical security controls as set forth in the Security Exhibit, and (ii) process Personal Data on
Customer's behalf as set forth in the Company Data Processing Addendum at
https://www.citrix.com/buy/licensing/citrix-data-processing-agreement.html ("DPA"), which is incorporated by
reference into the Agreement. Customer shall provide any notices, obtain any consents, or otherwise establish
the legal basis necessary for Company to access and process Personal Data as specified in this Agreement.

8. Term and Termination

8.1. Term. This Agreement remains in effect until terminated. The Term for any Product starts on the
Effective Date stated in an Order and continues as indicated on the Order. FOLLOWING THE END OF THE
INITIAL TERM, THE TERM WILL AUTOMATICALLY RENEW (SUBJECT TO ANY FEE INCREASES

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Copyright © 2024 Cloud Software Group, Inc.
STATED IN SECTION 4) CONTINUOUSLY FOR THE SAME LENGTH AS THE INITIAL TERM UNLESS
EITHER PARTY GIVES WRITTEN NOTICE PRIOR TO THE END OF THE INITIAL OR ANY RENEWAL
TERM OF ITS INTENTION TO TERMINATE. Customer's failure to provide required notice of non-renewal
constitutes an Order for the renewal. Either party may terminate an Order for Consulting Services, upon 15
days prior written notice by Customer or 30 days prior written notice by Company.

8.2. Termination for Cause. Either party may terminate this Agreement and/or any applicable Order if the
other party breaches any of its material obligations in the Agreement and fails to cure such breach within thirty
(30) days of receipt of written notice from the non-breaching party. Either party may immediately terminate the
Agreement if the other party becomes insolvent or bankrupt, liquidated or is dissolved, or ceases substantially
all of its business. Company may immediately terminate the Agreement if the Customer materially breaches
Sections 2, 5 or 13.

8.3. Effect of Termination. Upon termination, Customer will immediately discontinue all access and use of
the Products. Neither party shall be liable for any damages resulting from termination, including without
limitation unavailability of Customer Content arising therefrom; provided, however, termination shall not affect
any claim arising prior to the effective termination date. Company shall have the right to invoice Customer and
Customer shall pay for any use of the Cloud Service past the date of termination other than Customer's
access to download Customer Content. Termination of this Agreement or any Order does not (i) relieve
Customer of its obligation to pay all fees that have accrued or are otherwise owed by Customer under this
Agreement or (ii) limit either party from pursuing other remedies available to it, including injunctive relief.

8.4. Survival. The provisions of Sections 1 (Definitions), 2.7 (Limitations on Use), 3 (Orders and Delivery), 5
(Proprietary Rights), 8.3 (Effect of Termination), 9 (Warranties and Disclaimer), 10 (Indemnification), 11
(Limitation of Liability), 13 (Export Restriction and Compliance with Laws), 14 (Miscellaneous) survive any
termination of the Agreement. The provisions of Section 6 (Confidentiality) survive any termination of the
Agreement for three (3) years.

9. Warranties and Disclaimer To the extent permitted by law, the following warranties apply:

9.1. Software Warranty. Company warrants that for a period of ninety (90) days from initial delivery of
Software, the Software, as updated and used in accordance with the Documentation, will operate in all
material respects in conformity with the functional specifications in the Documentation.

9.2. Cloud Services Warranty. Company warrants that during the Term of a Cloud Service, the Cloud
Service, when used in accordance with the Documentation, will operate in all material respects with the
Documentation.

9.3. Hardware Warranty. Company warrants that for a period of one (1) year from delivery of Hardware,
Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the
following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third
party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or
acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power
failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v)
damage during shipment.

9.4. Other Services Warranties. Company warrants that Maintenance, Consulting Services, and Educational
Services will be delivered in a professional manner, but does not warrant that every question or problem
raised will be resolved, or resolved in a certain amount of time.

9.5. Customer Content Warranties. Customer warrants that (i) it has the right to transmit Customer Content
as part of the Cloud Services or any other service that Company may provide in connection with delivering

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Copyright © 2024 Cloud Software Group, Inc.
Products to Customer and (ii) its use of Cloud Services will not cause the transmission of spam, unsolicited
messages, or infringing, offensive, threatening, or otherwise unlawful content that violates applicable law.

9.6. Warranty Remedy. If the Software, Cloud Services, or Hardware does not perform as warranted during
the applicable warranty period, Company shall use commercially reasonable efforts to correct Errors.
Customer shall promptly notify Company in writing of its claim within the applicable warranty period. Provided
that such claim is determined by Licensor to be Company's responsibility, Customer's exclusive remedy under
warranty as Customer's exclusive remedy for any warranty claim, Company shall, within 30 days of its receipt
of Customer's written notice, (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to
Customer for correcting the Error, or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial
efforts from Company, then Company may terminate the license for the affected Product and issue Customer
a refund of the license Fees paid for the affected Product. The preceding warranty cure constitutes Company's
entire liability and Customer's exclusive remedy for Company's breach of the warranties stated in this Section
9. Customer's exclusive remedy under this warranty for Maintenance, Consulting Services, and Educational
Services is re-performance of the services.

9.7. WARRANTY DISCLAIMER. TO THE EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR
THE ABOVE LIMITED WARRANTIES, COMPANY AND ITS SUPPLIERS MAKE AND CUSTOMER
RECEIVES NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE;
AND COMPANY AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY CONDITIONS OF QUALITY,
AVAILABILITY, RELIABILITY, SECURITY, LACK OF VIRUSES, BUGS, OR ERRORS, AND ANY IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, QUIET ENJOYMENT,
QUIET POSSESSION, MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR
PURPOSE. PRODUCTS, ARE NOT INTENDED FOR ANY USE WHERE FAILURE COULD LEAD
DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
CUSTOMER ASSUMES FULL RESPONSIBILITY FOR ITS SELECTION TO ACHIEVE ITS INTENDED
RESULTS, AND FOR ITS USE, AND RESULTS OBTAINED THEREFROM.

9.8. Company shall not be responsible for any claimed breach of warranty arising out if i) modifications to
Products made by Customer or any party other than Company, (ii) Customer's failure to use any Updates or
other corrected versions of Products made available by Company, (iii) Errors caused by customizations, (iv)
any use of Products by Customer that is outside the operating procedures stated in the Documentation, (v)
adherence to Customer's instructions by Company during the delivery of Consulting Services.

10. Indemnification

10.1. IP Indemnification. Company shall defend Customer against any third party Infringement Claim.
Further, Company will indemnify Customer from and against damages, costs, and fees reasonably incurred
(including reasonable attorneys' fees) that are attributable exclusively to such claim or action and which are
assessed against Customer in a final judgment or settlement. Company's obligation to defend, settle, or
indemnify Customer are subject to: (i) Customer promptly notifies Company in writing of an Infringement Claim
such that Company is not prejudiced by any delay of such notification; (ii) Company has sole control over the
defense and any settlement of any Infringement Claim; and (iii) Customer provides reasonable assistance in
the defense of same. For the purposes of these terms, "Infringement Claim" means any claim, suit or
proceeding brought against Customer based on an allegation that the Product(s), excluding any Open Source
Software, as delivered by Company, infringes any patent or copyright or violates any trade secret rights of any
third party.

10.2. Remedies. If Customer's use of any of the Products is, or in Company's opinion is likely to be, enjoined
as a result of an Infringement Claim, Company shall, at its sole option and expense, either (i) procure for
Customer the right to continue to use the Products as contemplated in an Order, or (ii) replace or modify the
Services to make their use non-infringing without degradation in performance or a material reduction in

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functionality. If options (i) and (ii) are not reasonably available, Company may, in its sole discretion and upon
written notice to Customer, cancel access to the Products and refund to Customer any prepaid, but unused,
Fees on the Products.

10.3. Exclusions. Company assumes no liability, and shall have no liability, for any Infringement Claim
based on (i) Customer's access to and/or use of the Products following notice of an Infringement Claim; (ii)
any modification of the Products by Customer or at its direction; (iii) Customer's combination of the Products
with third party programs, services, data, hardware, or other materials; or (iv) any trademark or copyright
infringement involving any marking or branding not applied by Company or involving any marking or branding
applied at Customer's request. THE FOREGOING STATES COMPANY'S SOLE LIABILITY AND
CUSTOMER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY INFRINGEMENT CLAIM HEREUNDER.

11. Limitation of Liability EXCEPT FOR (a) A BREACH BY CUSTOMER OF SECTION 2 (b) INFRINGEMENT OR
MISAPPROPRIATION OF THE OTHER PARTY'S INTELLECTUAL PROPERTY RIGHTS, INCLUDING TRADE
SECRETS, (c) DAMAGES FOR BODILY INJURY, DEATH, DAMAGE TO REAL OR TANGIBLE PERSONAL
PROPERTY, AND (d) TO THE EXTENT PERMITTED BY APPLICABLE LAW (THE "EXCLUDED MATTERS"),
NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, THOSE ARISING OUT OF OR RELATING TO: (i) LOSS OF DATA; (ii) LOSS OF INCOME;
(iii) LOSS OF OPPORTUNITY; (iv) LOST PROFITS; and (v) UNAVAILABILITY (EXCLUDING CREDITS DUE FOR
ANY SERVICE LEVEL AGREEMENT OBLIGATION) OR NON-PERFORMANCE OF ANY OR ALL OF THE
SERVICES, IN EACH CASE, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, INCLUDING,
BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR VIOLATION OF
STATUTE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. EXCEPT FOR THE
EXCLUDED MATTERS, THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY ARISING OUT OF THIS
AGREEMENT AND/OR THE TERMINATION THEREOF, SHALL BE LIMITED TO THE SUM OF THE AMOUNTS
PAID FOR THE APPLICABLE PRODUCT(S) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
THE INCIDENT GIVING RISE TO THE LIABILITY, OR IN THE CASE OF MAINTENANCE, CONSULTING
SERVICES OR EDUCATION SERVICES, THE AMOUNTS PAID FOR THE APPLICABLE SERVICE. THE
FOREGOING SHALL NOT LIMIT CUSTOMER'S OBLIGATIONS TO PAY ANY FEES AND/OR OTHER SUMS DUE
UNDER ANY ORDER.

12. U.S. Government End-Users If Customer is a U.S. Government agency, Customer hereby acknowledges and
agrees that the Products constitute "Commercial Computer Software" as defined in Section 2.101 of the Federal
Acquisition Regulation ("FAR"), 48 CFR 2.101. Therefore, in accordance with Section 12.212 of the FAR (48 CFR
12.212), and Sections 227.7202-1 and 227.7202-3 of the Defense Federal Acquisition Regulation Supplement
("DFARS") (48 CFR 227.7202-1 and 227.7202-3), the use, duplication, and disclosure of the software and related
Documentation by the U.S. Government or any of its agencies is governed by, and is subject to, all of the terms,
conditions, restrictions, and limitations set forth in this Agreement. If, for any reason, FAR 12.212 or DFARS
227.7202-1 or 227.7202-3 or these license terms are deemed not applicable, Customer hereby acknowledges that
the Government's right to use, duplicate, or disclose the software and related Documentation are "Restricted Rights"
as defined in 48 CFR Section 52.227-14(a) (May 2014) or DFARS 252.227-7014(a)(15) (Feb 2014), as applicable.
Manufacturer is Cloud Software Group, Inc., 851 West Cypress Creek Road, Fort Lauderdale, Florida 33309.

13. Export Restriction and Compliance with Laws Customer acknowledges that the Products are subject to U.S.,
foreign, and international export controls and economic sanctions laws and regulations and agrees to comply with all
such applicable laws and regulations, including, but not limited to, the U.S. Export Administration Regulations
("EAR") and regulations promulgated by the U.S. Department of the Treasury's Office of Foreign Assets Control
("OFAC"). Customer specifically shall not, directly or indirectly, allow access to or use of the Products in embargoed
or sanctioned countries/regions, by sanctioned or denied persons, or for prohibited end-uses under U.S. law without

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authorization from the U.S. government.

14. Trial and Development Usage

14.1. Trial Usage. If a Product offering is provided for trial, demonstration, or evaluation use ("Trial") under
an Order, Customer may use the Product for the Term stated in an Order for internal demonstration, test, or
evaluation purposes only. Company PROVIDES TRIALS "AS IS" AND WITHOUT WARRANTY,
MAINTENANCE OR INDEMNITIES. ANY CUSTOMER DATA PROVIDED BY CUSTOMER TO COMPANY IN
CONNECTION WITH A TRIAL WILL BE PERMANENTLY LOST UNLESS CUSTOMER PURCHASES A
SUBSCRIPTION TO THE SAME PRODUCT AS THOSE COVERED BY THE TRIAL OR EXPORTS SUCH
DATA BEFORE THE END OF THE TRIAL PERIOD. These terms supersede any conflicting terms and
conditions in this Agreement. Trial versions may be suspended or terminated at any time by Company in its
sole discretion with or without notice to Customer. Notwithstanding anything to the contrary in this Agreement,
Products subject to Trial license may be deployed by Customer on AWS, Microsoft Azure, or similar
environments.

14.2. Developer Evaluation. Products provided for Developer evaluation, or described as "Alpha," "Beta,"
"Tech Preview," or "Labs" by the Business Unit under an Order, may be used for development evaluation
purposes only, must not be used or deployed in or on a Production or non-evaluation development
environment, and are provided "AS IS" without Maintenance or any warranties or indemnities. Such offerings
may contain bugs, errors, and other defects. Company does not make any representations, promises, or
guarantees that such offerings will be publicly announced or made generally available. Such offerings can be
suspended or terminated at any time by Company in its sole discretion with or without notice to Customer.
Notwithstanding anything to the contrary in this Agreement, such offerings may be deployed by Customer on
AWS, Microsoft Azure, or similar environments.

15. Miscellaneous

15.1. Assignment. Customer may not assign its rights or delegate its duties under this Agreement either in
whole or in part without Company's prior written consent. Any attempted assignment in violation of the
foregoing shall be void. This Agreement will bind and inure to the benefit of each party's successors or
permitted assigns.

15.2. Extraordinary Corporate Event. If Customer or its successors or assigns enters into an Extraordinary
Corporate Event after an Order Effective Date, those users, divisions, or entities that were added to or
divested from Customer's organization as a result of the Extraordinary Corporate Event are not authorized to
use the Products until those users, divisions, or entities are added to this Agreement by way of a written
amendment signed by duly authorized officers of the Company and Customer, or in the case of a divesture,
the divested entity. "Extraordinary Corporate Event" means a corporate transaction which results in Customer
divesting business operations and related assets to another or new entity, or acquiring, being acquired by,
merged, or otherwise combined with another entity or into another entity's legal or corporate structure
(including an acquisition of all or substantially all of the assets of another entity) which, prior to the corporate
transaction, was not part of the Customer or its legal or corporate structure.

15.3. Audit. During the term of any Order and for a period of one year following termination of an Order,
Company and/or its independent auditors, at Company's expense, may, upon 10 days' notice and at
reasonable times, audit Customer‘s compliance with this Agreement, and report any results to Company and
its licensors. Customer shall, at no cost to Company, (i) provide any assistance reasonably requested by
Company or its designee in conducting any such audit, including installing and operating audit software and
(ii) make requested systems, personnel, records, and information available to Company or its designee to
facilitate the timely completion of such audit. Customer's failure to comply with the provisions of this section
will constitute a material breach of this Agreement. Customer shall promptly cure any noncompliance, and if

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the audit reveals Customer's noncompliance exceeds 5% of its entitlement, Customer shall reimburse
Company for the reasonable costs and expenses of the audit (including but not limited to reasonable
attorneys' fees); provided, however, that the obligations under this section do not constitute a waiver of
Company's termination rights and do not affect Company's right to payment for Products related to usage in
excess of the Number of Units. Further, Customer acknowledges that Company uses license telemetry
reporting to measure Software usage for its legitimate business interests, including license compliance, and
Customer shall not interfere with such reporting features in accordance with Documentation and Maintenance
(if applicable to the licensed Software).

15.4. Notices. All notices required under this Agreement must be in writing and delivered to the address last
designated on the account for Customer, and the Company contracting entity as specified in the Agreement or
Order. Notice is deemed given (i) upon personal delivery; (ii) if delivered by air courier or email, upon
confirmation of receipt; or (iii) five (5) days after deposit in the mail. A copy of all legal notices from Customer
to Company must also be sent to [email protected]. or other email addresses provided by Company.
Company may provide Customer with non-legal notices through www.mycitrix.com and/or through in-product
messaging or dashboards, which shall likewise be deemed effective immediately.

15.5. Entire Agreement; Order of Precedence. The Agreement sets forth the entire agreement and
understanding of the parties relating to its subject matter and supersedes all prior and contemporaneous oral
and written agreements. Any conflict between these terms and any supplementary terms is subject to the
following order of precedence: (1) an Order, (2) the Business Unit Terms, and (3) this End User Agreement.
Nothing contained in any Customer Purchase Order or other document submitted by Customer shall in any
way add to or otherwise modify the Agreement or any Company license program terms under which an Order
is submitted. The Business Unit Terms, Service Descriptions, Maintenance terms, Security Exhibit, or DPA
may be updated by Company from time to time without notice (but will be identified by the last updated date).
Customer's continued access to and use of the Products constitutes acceptance of the then-current terms.

15.6. Headings. Captions and headings are used in the Agreement are for convenience only, are not a part
of this Agreement, and are not to be used in interpreting or construing this Agreement.

15.7. Validity. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid,
illegal, or unenforceable, such provision shall be severed from this Agreement and the other provisions shall
remain in full force and effect.

15.8. Relationship of the Parties. The parties are independent contractors and nothing in this Agreement
creates a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between or
among the parties. Company may subcontract responsibilities under this Agreement, but remains responsible
for its breach of this Agreement by the acts or omissions of Company or its subcontractors. Company's
Affiliates may fulfill obligations under an Order and such activity is not considered to be a subcontracted
responsibility.

15.9. Resellers. Company Authorized Resellers and distributors do not have the right to make modifications
to this Agreement or to make any additional representations, commitments, or warranties binding on
Company.

15.10. Waiver. No waiver or amendment of any term or condition of this Agreement shall be valid or binding
on any party unless agreed to in writing by such party. Company failure to enforce any term of this Agreement
will not be construed as a waiver of the right to enforce any such terms in the future. Unless otherwise
specified, remedies are cumulative.

15.11. Force Majeure. Neither party will be responsible or have any liability for any delay or failure to perform
its non-monetary obligations hereunder to the extent due to unforeseen circumstances or causes beyond its

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Copyright © 2024 Cloud Software Group, Inc.
reasonable control, including acts of God, earthquake, fire, flood, sanctions, embargoes, strikes, lockouts or
other labor disturbances, civil unrest, pandemics, failure, unavailability or delay of suppliers or licensors, riots,
terrorist or other malicious or criminal acts, war, failure or interruption of the internet or third party internet
connections or infrastructure, power failures, acts of civil and military authorities and severe weather ("Force
Majeure"). The affected party will give the other party prompt written notice (when possible) of the failure to
perform due to Force Majeure and use its reasonable efforts to limit the resulting delay in its performance.

15.12. Governing Law and Venue. If Customer is entering into the Agreement from a European Union
member country, Norway, Switzerland, Japan, India or Australia, then the Agreement is governed by the laws
of Ireland and subject to the exclusive jurisdiction of the courts of Ireland. Otherwise, the Agreement is
governed by the laws of the State of Florida and Customer agrees that it must institute any suit, action, or
proceeding arising out of this Agreement in the state or federal courts located in Broward County, Florida.
Customer hereby waives any objection that it may have to Licensor instituting any suit, action, or proceeding
arising out of this Agreement in the state or federal courts located in Santa Clara County, California, and
Customer hereby irrevocably consents to the personal jurisdiction of any such court in any such suit, action, or
proceeding. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform
Computer Information Transactions Act do not apply to this Agreement.

15.13. Third Party Beneficiary. Except as expressly stated, the Agreement is for the benefit of the parties
and their successors and permitted assigns, and does not confer any rights or benefits on any third party.

16. Country Specific Terms

16.1. Australia. If the Company contracting entity is incorporated in Australia, the following terms apply:

16.1.1. To the maximum extent permitted under the Australian Consumer Law (ACL), the liability for
breach of any guarantee under the ACL (other than a guarantee under section 51, 52 or 53) is limited
to, at Company's option:

16.1.1.1. in the case of goods, to: (i) the replacement of the goods or supply of equivalent
goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of
acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; and

16.1.1.2. in the case of services, to: (i) the supplying of the services again; or (ii) the payment of
the cost of having the services supplied again (ACL Liability Limit). Where Customer acquires
Services as a "consumer" (as defined under the ACL) and the ACL Liability Limit does not apply
or is not otherwise enforceable:

16.1.1.3. our goods and services come with guarantees that cannot be excluded under the
Australian Consumer Law.

16.1.2. For major failures with the service, Customer is entitled:

16.1.2.1. to cancel your service contract with us; and

16.1.2.2. to a refund for the unused portion, or to compensation for its reduced value.

16.1.3. Customer is also entitled to choose a refund or replacement for major failures with goods. If a
failure with the goods or a service does not amount to a major failure, Customer is entitled to have the
failure rectified in a reasonable time. If this is not done, Customer is entitled to a refund for the goods
and to cancel the contract for the Product and obtain a refund of any unused portion. Customer is also
entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the

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Copyright © 2024 Cloud Software Group, Inc.
goods or service; and

16.1.4. the benefits to Customer under any "warranty against defects" (as defined in Regulation 90
issued under the ACL) are in addition to other rights and remedies under a law in relation to the goods
or services to which the warranty relates. A claim under any such warranty must be provided in
accordance with section 15.4 (Notices) and Customer is responsible for its expenses incurred in
making a claim.

Addenda:

*
CJSON 2009-10-28
/*
Copyright (c) 2009 Dave Gamble

Permission is hereby granted, free of charge, to any person obtaining a copy


of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
*/

JSON.simple 1.1.0

Apache License
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http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

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"Licensor" shall mean the copyright owner or entity authorized by


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*
HP Atomic Ops 7.2
/*
* Copyright (c) 2004 Hewlett-Packard Development Company, L.P.
*
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* of this software and associated documentation files (the "Software"), to deal
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Version 1.1.2023 - Page 15 of 33


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*
linenoise: 1.0

Copyright (c) 2010-2014, Salvatore Sanfilippo <antirez at gmail dot com>


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*
md5_crypt-md5crypt

"THE BEER-WARE LICENSE" (Revision 42):

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*
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Copyright (C) 2015-2018 The Borg Collective (see AUTHORS file)


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Version 1.1.2023 - Page 16 of 33


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*
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Copyright (c) 2015, Dave Cheney <[email protected]>


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*
Jakarta Messaging API 2.0.3

This product includes software licensed under the Eclipse Public License (EPL),
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Except as expressly set forth in the EPL v.2.0, the component is provided on an
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*
libjemalloc 5.3.0

Copyright (C) 2002-present Jason Evans <[email protected]>.


All rights reserved.

Version 1.1.2023 - Page 17 of 33


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*
Jakarta Messaging API 3.0.0

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*
curl 7.86.0

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THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. IN
NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR
OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE

Version 1.1.2023 - Page 18 of 33


Copyright © 2024 Cloud Software Group, Inc.
OR OTHER DEALINGS IN THE SOFTWARE.

Except as contained in this notice, the name of a copyright holder shall not
be used in advertising or otherwise to promote the sale, use or other dealings
in this Software without prior written authorization of the copyright holder.

*
OpenSSL: 3.0.8

Apache License
Version 2.0, January 2004
https://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by


the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity


exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.

"Object" form shall mean any form resulting from mechanical


transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or


Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object


form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including


the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to

Version 1.1.2023 - Page 19 of 33


Copyright © 2024 Cloud Software Group, Inc.
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity


on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of


this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of


this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the


Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:

(a) You must give any other recipients of the Work or


Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,
excluding those notices that do not pertain to any part of
the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its


distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed

Version 1.1.2023 - Page 20 of 33


Copyright © 2024 Cloud Software Group, Inc.
as modifying the License.

You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,


any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or


agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,


whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing


the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

*
jansson: 2.14

2
3
4
5

Version 1.1.2023 - Page 21 of 33


Copyright © 2024 Cloud Software Group, Inc.
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Copyright (c) 2009-2020 Petri Lehtinen <[email protected]>

Permission is hereby granted, free of charge, to any person obtaining a copy


of this software and associated documentation files (the "Software"), to deal
in the Software without restriction, including without limitation the rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.

*
libjwt 1.15.3

This product includes software licensed under the Mozilla Public License (MPL),
v.2.0. You may obtain a copy of the MPL v.2.0 at https://mozilla.org/MPL/2.0.
The source code for such software component licensed under the MPL v.2.0 is
available upon request to TIBCO at [email protected].

*
bc-fips 1.0.2.4

Copyright (c) 2000 - 2023 The Legion of the Bouncy Castle Inc.
(https://www.bouncycastle.org)

Permission is hereby granted, free of charge, to any person obtaining a copy of


this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

Version 1.1.2023 - Page 22 of 33


Copyright © 2024 Cloud Software Group, Inc.
*
bctls-fips 1.0.17

Copyright (c) 2000 - 2023 The Legion of the Bouncy Castle Inc.
(https://www.bouncycastle.org)

Permission is hereby granted, free of charge, to any person obtaining a copy of


this software and associated documentation files (the "Software"), to deal in
the Software without restriction, including without limitation the rights to
use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of
the Software, and to permit persons to whom the Software is furnished to do so,
subject to the following conditions:

The above copyright notice and this permission notice shall be included in all
copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR
COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

*
OpenSSL: 3.0.12

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by


the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity


exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.

"Object" form shall mean any form resulting from mechanical


transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or


Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work

Version 1.1.2023 - Page 23 of 33


Copyright © 2024 Cloud Software Group, Inc.
(an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object


form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including


the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
Licensor for the purpose of discussing and improving the Work, but
excluding communication that is conspicuously marked or otherwise
designated in writing by the copyright owner as "Not a Contribution."

"Contributor" shall mean Licensor and any individual or Legal Entity


on behalf of whom a Contribution has been received by Licensor and
subsequently incorporated within the Work.

2. Grant of Copyright License. Subject to the terms and conditions of


this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare Derivative Works of,
publicly display, publicly perform, sublicense, and distribute the
Work and such Derivative Works in Source or Object form.

3. Grant of Patent License. Subject to the terms and conditions of


this License, each Contributor hereby grants to You a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
(except as stated in this section) patent license to make, have made,
use, offer to sell, sell, import, and otherwise transfer the Work,
where such license applies only to those patent claims licensable
by such Contributor that are necessarily infringed by their
Contribution(s) alone or by combination of their Contribution(s)
with the Work to which such Contribution(s) was submitted. If You
institute patent litigation against any entity (including a
cross-claim or counterclaim in a lawsuit) alleging that the Work
or a Contribution incorporated within the Work constitutes direct
or contributory patent infringement, then any patent licenses
granted to You under this License for that Work shall terminate
as of the date such litigation is filed.

4. Redistribution. You may reproduce and distribute copies of the


Work or Derivative Works thereof in any medium, with or without
modifications, and in Source or Object form, provided that You
meet the following conditions:

(a) You must give any other recipients of the Work or


Derivative Works a copy of this License; and

(b) You must cause any modified files to carry prominent notices
stating that You changed the files; and

(c) You must retain, in the Source form of any Derivative Works
that You distribute, all copyright, patent, trademark, and
attribution notices from the Source form of the Work,

Version 1.1.2023 - Page 24 of 33


Copyright © 2024 Cloud Software Group, Inc.
excluding those notices that do not pertain to any part of
the Derivative Works; and

(d) If the Work includes a "NOTICE" text file as part of its


distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works, in at least one
of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or
documentation, if provided along with the Derivative Works; or,
within a display generated by the Derivative Works, if and
wherever such third-party notices normally appear. The contents
of the NOTICE file are for informational purposes only and
do not modify the License. You may add Your own attribution
notices within Derivative Works that You distribute, alongside
or as an addendum to the NOTICE text from the Work, provided
that such additional attribution notices cannot be construed
as modifying the License.

You may add Your own copyright statement to Your modifications and
may provide additional or different license terms and conditions
for use, reproduction, or distribution of Your modifications, or
for any such Derivative Works as a whole, provided Your use,
reproduction, and distribution of the Work otherwise complies with
the conditions stated in this License.

5. Submission of Contributions. Unless You explicitly state otherwise,


any Contribution intentionally submitted for inclusion in the Work
by You to the Licensor shall be under the terms and conditions of
this License, without any additional terms or conditions.
Notwithstanding the above, nothing herein shall supersede or modify
the terms of any separate license agreement you may have executed
with Licensor regarding such Contributions.

6. Trademarks. This License does not grant permission to use the trade
names, trademarks, service marks, or product names of the Licensor,
except as required for reasonable and customary use in describing the
origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty. Unless required by applicable law or


agreed to in writing, Licensor provides the Work (and each
Contributor provides its Contributions) on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A
PARTICULAR PURPOSE. You are solely responsible for determining the
appropriateness of using or redistributing the Work and assume any
risks associated with Your exercise of permissions under this License.

8. Limitation of Liability. In no event and under no legal theory,


whether in tort (including negligence), contract, or otherwise,
unless required by applicable law (such as deliberate and grossly
negligent acts) or agreed to in writing, shall any Contributor be
liable to You for damages, including any direct, indirect, special,
incidental, or consequential damages of any character arising as a
result of this License or out of the use or inability to use the
Work (including but not limited to damages for loss of goodwill,
work stoppage, computer failure or malfunction, or any and all
other commercial damages or losses), even if such Contributor
has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability. While redistributing


the Work or Derivative Works thereof, You may choose to offer,
and charge a fee for, acceptance of support, warranty, indemnity,

Version 1.1.2023 - Page 25 of 33


Copyright © 2024 Cloud Software Group, Inc.
or other liability obligations and/or rights consistent with this
License. However, in accepting such obligations, You may act only
on Your own behalf and on Your sole responsibility, not on behalf
of any other Contributor, and only if You agree to indemnify,
defend, and hold each Contributor harmless for any liability
incurred by, or claims asserted against, such Contributor by reason
of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS

APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following


boilerplate notice, with the fields enclosed by brackets "[]"
replaced with your own identifying information. (Don't include
the brackets!) The text should be enclosed in the appropriate
comment syntax for the file format. We also recommend that a
file or class name and description of purpose be included on the
same "printed page" as the copyright notice for easier
identification within third-party archives.

Copyright [yyyy] [name of copyright owner]

Licensed under the Apache License, Version 2.0 (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.apache.org/licenses/LICENSE-2.0

Unless required by applicable law or agreed to in writing, software


distributed under the License is distributed on an "AS IS" BASIS,
WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
See the License for the specific language governing permissions and
limitations under the License.

*
go: 1.21.4

Copyright (c) 2009 The Go Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without


modification, are permitted provided that the following conditions are
met:

* Redistributions of source code must retain the above copyright


notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS


"AS IS" 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 COPYRIGHT
OWNER OR CONTRIBUTORS 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.

Version 1.1.2023 - Page 26 of 33


Copyright © 2024 Cloud Software Group, Inc.
*
zlib: 1.3

Copyright notice:

(C) 1995-2022 Jean-loup Gailly and Mark Adler

This software is provided 'as-is', without any express or implied


warranty. In no event will the authors be held liable for any damages
arising from the use of this software.

Permission is granted to anyone to use this software for any purpose,


including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:

1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.

Jean-loup Gailly Mark Adler


[email protected] [email protected]

*
filippo.io/edwards25519 1.0.0

Copyright (c) 2009 The Go Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without


modification, are permitted provided that the following conditions are
met:

* Redistributions of source code must retain the above copyright


notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS


"AS IS" 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 COPYRIGHT
OWNER OR CONTRIBUTORS 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.

*
go-pkcs12 0.4.0

Copyright (c) 2015, 2018, 2019 Opsmate, Inc. All rights reserved.
Copyright (c) 2009 The Go Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without

Version 1.1.2023 - Page 27 of 33


Copyright © 2024 Cloud Software Group, Inc.
modification, are permitted provided that the following conditions are
met:

* Redistributions of source code must retain the above copyright


notice, this list of conditions and the following disclaimer.
* Redistributions in binary form must reproduce the above
copyright notice, this list of conditions and the following disclaimer
in the documentation and/or other materials provided with the
distribution.
* Neither the name of Google Inc. nor the names of its
contributors may be used to endorse or promote products derived from
this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS


"AS IS" 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 COPYRIGHT
OWNER OR CONTRIBUTORS 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.

*
go.step.sm/crypto 0.38.0

Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION

1. Definitions.

"License" shall mean the terms and conditions for use, reproduction,
and distribution as defined by Sections 1 through 9 of this document.

"Licensor" shall mean the copyright owner or entity authorized by


the copyright owner that is granting the License.

"Legal Entity" shall mean the union of the acting entity and all
other entities that control, are controlled by, or are under common
control with that entity. For the purposes of this definition,
"control" means (i) the power, direct or indirect, to cause the
direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

"You" (or "Your") shall mean an individual or Legal Entity


exercising permissions granted by this License.

"Source" form shall mean the preferred form for making modifications,
including but not limited to software source code, documentation
source, and configuration files.

"Object" form shall mean any form resulting from mechanical


transformation or translation of a Source form, including but
not limited to compiled object code, generated documentation,
and conversions to other media types.

"Work" shall mean the work of authorship, whether in Source or

Version 1.1.2023 - Page 28 of 33


Copyright © 2024 Cloud Software Group, Inc.
Object form, made available under the License, as indicated by a
copyright notice that is included in or attached to the work
(an example is provided in the Appendix below).

"Derivative Works" shall mean any work, whether in Source or Object


form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

"Contribution" shall mean any work of authorship, including


the original version of the Work and any modifications or additions
to that Work or Derivative Works thereof, that is intentionally
submitted to Licensor for inclusion in the Work by the copyright owner
or by an individual or Legal Entity authorized to submit on behalf of
the copyright owner. For the purposes of this definition, "submitted"
means any form of electronic, verbal, or written communication sent
to the Licensor or its representatives, including but not limited to
communication on electronic mailing lists, source code control systems,
and issue tracking systems that are managed by, or on behalf of, the
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*
golang.org/x/crypto 0.16.0

Copyright (c) 2009 The Go Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without


modification, are permitted provided that the following conditions are
met:

* Redistributions of source code must retain the above copyright


notice, this list of conditions and the following disclaimer.
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"AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT
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OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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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

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(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
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*
golang.org/x/sys 0.15.0

Copyright (c) 2009 The Go Authors. All rights reserved.

Redistribution and use in source and binary forms, with or without


modification, are permitted provided that the following conditions are
met:

* Redistributions of source code must retain the above copyright


notice, this list of conditions and the following disclaimer.
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* Neither the name of Google Inc. nor the names of its
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this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS


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OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
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DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY
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*
smallstep/assert v0.0.0-20200723003110-82e2b9b3b262

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golang.org/x/term v0.15.0

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modification, are permitted provided that the following conditions are
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notice, this list of conditions and the following disclaimer.
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distribution.
* Neither the name of Google Inc. nor the names of its
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this software without specific prior written permission.

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OWNER OR CONTRIBUTORS 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,
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THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
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