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  1. Sun Industry Standards Source License - Version 1.1
  2. 1.0 DEFINITIONS
  3. 1.1 "Commercial Use" means distribution or otherwise making the Original Code
  4. available to a third party.
  5. 1.2 "Contributor Version" means the combination of the Original Code, and
  6. the Modifications made by that particular Contributor.
  7. 1.3 "Electronic Distribution Mechanism" means a mechanism generally accepted
  8. in the software development community for the electronic transfer of data.
  9. 1.4 "Executable" means Original Code in any form other than Source Code.
  10. 1.5 "Initial Developer" means the individual or entity identified as the Initial
  11. Developer in the Source Code notice required by Exhibit A.
  12. 1.6 "Larger Work" means a work which combines Original Code or portions thereof
  13. with code not governed by the terms of this License.
  14. 1.7 "License" means this document.
  15. 1.8 "Licensable" means having the right to grant, to the maximum extent possible,
  16. whether at the time of the initial grant or subsequently acquired, any and
  17. all of the rights conveyed herein.
  18. 1.9 "Modifications" means any addition to or deletion from the substance or
  19. structure of either the Original Code or any previous Modifications. A Modification
  20. is:
  21. A. Any addition to or deletion from the contents of a file containing Original
  22. Code or previous Modifications.
  23. B. Any new file that contains any part of the Original Code or previous Modifications.
  24. 1.10 "Original Code" means Source Code of computer software code which is
  25. described in the Source Code notice required by Exhibit A as Original Code.
  26. 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
  27. including without limitation, method, process, and apparatus claims, in any
  28. patent Licensable by grantor.
  29. 1.12 "Source Code" means the preferred form of the Original Code for making
  30. modifications to it, including all modules it contains, plus any associated
  31. interface definition files, or scripts used to control compilation and installation
  32. of an Executable.
  33. 1.13 "Standards" means the standards identified in Exhibit B.
  34. 1.14 "You" (or "Your") means an individual or a legal entity exercising rights
  35. under, and complying with all of the terms of, this License or a future version
  36. of this License issued under Section 6.1. For legal entities, "You'' includes
  37. any entity which controls, is controlled by, or is under common control with
  38. You. For purposes of this definition, "control'' means (a) the power, direct
  39. or indirect, to cause the direction or management of such entity, whether
  40. by contract or otherwise, or (b) ownership of more than fifty percent (50%)
  41. of the outstanding shares or beneficial ownership of such entity.
  42. 2.0 SOURCE CODE LICENSE
  43. 2.1 The Initial Developer Grant The Initial Developer hereby grants You a
  44. world-wide, royalty-free, non-exclusive license, subject to third party intellectual
  45. property claims:
  46. (a) under intellectual property rights (other than patent or trademark) Licensable
  47. by Initial Developer to use, reproduce, modify, display, perform, sublicense
  48. and distribute the Original Code (or portions thereof) with or without Modifications,
  49. and/or as part of a Larger Work; and
  50. (b) under Patents Claims infringed by the making, using or selling of Original
  51. Code, to make, have made, use, practice, sell, and offer for sale, and/or
  52. otherwise dispose of the Original Code (or portions thereof).
  53. (c) the licenses granted in this Section 2.1(a) and (b) are effective on the
  54. date Initial Developer first distributes Original Code under the terms of
  55. this License.
  56. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
  57. for code that You delete from the Original Code; 2) separate from the Original
  58. Code; or 3) for infringements caused by: i) the modification of the Original
  59. Code or ii) the combination of the Original Code with other software or devices,
  60. including but not limited to Modifications.
  61. 3.0 DISTRIBUTION OBLIGATIONS
  62. 3.1 Application of License. The Source Code version of Original Code may be
  63. distributed only under the terms of this License or a future version of this
  64. License released under Section 6.1, and You must include a copy of this License
  65. with every copy of the Source Code You distribute. You may not offer or impose
  66. any terms on any Source Code version that alters or restricts the applicable
  67. version of this License or the recipients' rights hereunder. Your license
  68. for shipment of the Contributor Version is conditioned upon Your full compliance
  69. with this Section. The Modifications which You create must comply with all
  70. requirements set out by the Standards body in effect one hundred twenty (120)
  71. days before You ship the Contributor Version. In the event that the Modifications
  72. do not meet such requirements, You agree to publish either (i) any deviation
  73. from the Standards protocol resulting from implementation of Your Modifications
  74. and a reference implementation of Your Modifications or (ii) Your Modifications
  75. in Source Code form, and to make any such deviation and reference implementation
  76. or Modifications available to all third parties under the same terms as this
  77. license on a royalty free basis within thirty (30) days of Your first customer
  78. shipment of Your Modifications.
  79. 3.2 Required Notices. You must duplicate the notice in Exhibit A in each file
  80. of the Source Code. If it is not possible to put such notice in a particular
  81. Source Code file due to its structure, then You must include such notice in
  82. a location (such as a relevant directory) where a user would be likely to
  83. look for such a notice. If You created one or more Modification(s) You may
  84. add Your name as a Contributor to the notice described in Exhibit A. You must
  85. also duplicate this License in any documentation for the Source Code where
  86. You describe recipients' rights or ownership rights relating to Initial Code.
  87. You may choose to offer, and to charge a fee for, warranty, support, indemnity
  88. or liability obligations to one or more recipients of Your version of the
  89. Code. However, You may do so only on Your own behalf, and not on behalf of
  90. the Initial Developer. You must make it absolutely clear than any such warranty,
  91. support, indemnity or liability obligation is offered by You alone, and You
  92. hereby agree to indemnify the Initial Developer for any liability incurred
  93. by the Initial Developer as a result of warranty, support, indemnity or liability
  94. terms You offer.
  95. 3.3 Distribution of Executable Versions. You may distribute Original Code
  96. in Executable and Source form only if the requirements of Sections 3.1 and
  97. 3.2 have been met for that Original Code, and if You include a notice stating
  98. that the Source Code version of the Original Code is available under the terms
  99. of this License. The notice must be conspicuously included in any notice in
  100. an Executable or Source versions, related documentation or collateral in which
  101. You describe recipients' rights relating to the Original Code. You may distribute
  102. the Executable and Source versions of Your version of the Code or ownership
  103. rights under a license of Your choice, which may contain terms different from
  104. this License, provided that You are in compliance with the terms of this License.
  105. If You distribute the Executable and Source versions under a different license
  106. You must make it absolutely clear that any terms which differ from this License
  107. are offered by You alone, not by the Initial Developer. You hereby agree to
  108. indemnify the Initial Developer for any liability incurred by the Initial
  109. Developer as a result of any such terms You offer.
  110. 3.4 Larger Works. You may create a Larger Work by combining Original Code
  111. with other code not governed by the terms of this License and distribute the
  112. Larger Work as a single product. In such a case, You must make sure the requirements
  113. of this License are fulfilled for the Original Code.
  114. 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
  115. If it is impossible for You to comply with any of the terms of this License
  116. with respect to some or all of the Original Code due to statute, judicial
  117. order, or regulation then You must: (a) comply with the terms of this License
  118. to the maximum extent possible; and (b) describe the limitations and the code
  119. they affect. Such description must be included in the LEGAL file described
  120. in Section 3.2 and must be included with all distributions of the Source Code.
  121. Except to the extent prohibited by statute or regulation, such description
  122. must be sufficiently detailed for a recipient of ordinary skill to be able
  123. to understand it.
  124. 5.0 APPLICATION OF THIS LICENSE
  125. This License applies to code to which the Initial Developer has attached the
  126. notice in Exhibit A and to related Modifications as set out in Section 3.1.
  127. 6.0 VERSIONS OF THE LICENSE
  128. 6.1 New Versions. Sun may publish revised and/or new versions of the License
  129. from time to time. Each version will be given a distinguishing version number.
  130. 6.2 Effect of New Versions. Once Original Code has been published under a
  131. particular version of the License, You may always continue to use it under
  132. the terms of that version. You may also choose to use such Original Code under
  133. the terms of any subsequent version of the License published by Sun. No one
  134. other than Sun has the right to modify the terms applicable to Original Code.
  135. 7.0 DISCLAIMER OF WARRANTY
  136. ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
  137. WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
  138. WARRANTIES THAT THE ORIGINAL CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
  139. A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
  140. AND PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE
  141. PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) ASSUME THE
  142. COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
  143. WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
  144. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  145. 8.0 TERMINATION
  146. 8.1 This License and the rights granted hereunder will terminate automatically
  147. if You fail to comply with terms herein and fail to cure such breach within
  148. 30 days of becoming aware of the breach. All sublicenses to the Original Code
  149. which are properly granted shall survive any termination of this License.
  150. Provisions which, by their nature, must remain in effect beyond the termination
  151. of this License shall survive.
  152. 8.2 In the event of termination under Section 8.1 above, all end user license
  153. agreements (excluding distributors and resellers) which have been validly
  154. granted by You or any distributor hereunder prior to termination shall survive
  155. termination.
  156. 9.0 LIMIT OF LIABILITY
  157. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  158. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  159. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, OR ANY SUPPLIER OF
  160. ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
  161. OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
  162. FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
  163. AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
  164. BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
  165. SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
  166. PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  167. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  168. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  169. YOU.
  170. 10.0 U.S. GOVERNMENT END USERS
  171. U.S. Government: If this Software is being acquired by or on behalf of the
  172. U.S. Government or by a U.S. Government prime contractor or subcontractor
  173. (at any tier), then the Government's rights in the Software and accompanying
  174. documentation shall be only as set forth in this license; this is in accordance
  175. with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
  176. acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
  177. 11.0 MISCELLANEOUS
  178. This License represents the complete agreement concerning subject matter hereof.
  179. If any provision of this License is held to be unenforceable, such provision
  180. shall be reformed only to the extent necessary to make it enforceable. This
  181. License shall be governed by California law provisions (except to the extent
  182. applicable law, if any, provides otherwise), excluding its conflict-of-law
  183. provisions. With respect to disputes in which at least one party is a citizen
  184. of, or an entity chartered or registered to do business in the United States
  185. of America, any litigation relating to this License shall be subject to the
  186. jurisdiction of the Federal Courts of the Northern District of California,
  187. with venue lying in Santa Clara County, California, with the losing party
  188. responsible for costs, including without limitation, court costs and reasonable
  189. attorneys' fees and expenses. The application of the United Nations Convention
  190. on Contracts for the International Sale of Goods is expressly excluded. Any
  191. law or regulation which provides that the language of a contract shall be
  192. construed against the drafter shall not apply to this License. EXHIBIT A -
  193. Sun Standards License
  194. " The contents of this file are subject to the Sun Standards License Version
  195. 1.1 (the "License"); You may not use this file except in compliance with the
  196. License. You may obtain a copy of the License at _______________________________
  197. .
  198. Software distributed under the License is distributed on an "AS IS" basis,
  199. WITHOUT WARRANTY OF ANY KIND, either
  200. express or implied. See the License for the specific language governing rights
  201. and limitations under the License.
  202. The Original Code is ______________________________________ .
  203. The Initial Developer of the Original Code is: Sun Microsystems, Inc. .
  204. Portions created by: _______________________________________
  205. are Copyright (C): _______________________________________
  206. All Rights Reserved.
  207. Contributor(s): _______________________________________
  208. EXHIBIT B - Standards
  209. The Standard is defined as the following:
  210. OpenOffice.org XML File Format Specification, located at http://xml.openoffice.org
  211. OpenOffice.org Application Programming Interface Specification, located at
  212. http://api.openoffice.org
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