Caucho Developer Source License version 1.1 Caucho Technology, Inc. ("Caucho") permits use of the accompanying software and documentation ("the Software") provided that the conditions of the Caucho Developer Source License ("the License") 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. Provided all the following conditions are met, you may use the Software to deploy an application: a) You are not paid to use the Software. b) You are not paying anyone else to use the Software. 4. Caucho reserves all rights to the Software not explicitly granted by the License. 5. Each copy of the Software in source or binary form must include an unmodified copy of the License in a plain ASCII text file named LICENSE. 6. Caucho reserves all rights to its names, trademarks and logos. In particular, the names "Resin" and "Caucho" are trademarks of Caucho and may not be used to endorse products derived from this software. "Resin" and "Caucho" may not appear in the names of products derived from this software. 7. 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. 8. The License will terminate immediately without notice from Caucho if you fail to comply with any provision of the License. Upon such termination, you must destroy all copies and derived works of the Software. You may terminate the License at any time by destroying all copies and derived works of the Software. 9. You acknowledge that you are solely responsible for the use you make of the Software. Accordingly, you agrees to indemnify and hold Caucho harmless for any demands, claims, or suits by a third party 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. 10. The Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. 11. 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 HE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12. Any action related to the License will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.