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- SUN PUBLIC LICENSE Version 1.0
-
- 1. Definitions.
-
- 1.0.1. "Commercial Use" means distribution or otherwise making the Covered
- Code available to a third party.
-
- 1.1. "Contributor" means each entity that creates or contributes to the creation
- of Modifications.
-
- 1.2. "Contributor Version" means the combination of the Original Code, prior
- Modifications used by a Contributor, and the Modifications made by that particular
- Contributor.
-
- 1.3. "Covered Code" means the Original Code or Modifications or the combination
- of the Original Code and Modifications, in each case including portions thereof
- and corresponding documentation released with the source code.
-
- 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
- in the software development community for the electronic transfer of data.
-
- 1.5. "Executable" means Covered Code in any form other than Source Code.
-
- 1.6. "Initial Developer" means the individual or entity identified as the
- Initial Developer in the Source Code notice required by Exhibit A.
-
- 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
- with code not governed by the terms of this License.
-
- 1.8. "License" means this document.
-
- 1.8.1. "Licensable" means having the right to grant, to the maximum extent
- possible, whether at the time of the initial grant or subsequently acquired,
- any and all of the rights conveyed herein.
-
- 1.9. "Modifications" means any addition to or deletion from the substance
- or structure of either the Original Code or any previous Modifications. When
- Covered Code is released as a series of files, a Modification is:
-
- A. Any addition to or deletion from the contents of a file containing Original
- Code or previous Modifications.
-
- B. Any new file that contains any part of the Original Code or previous Modifications.
-
- 1.10. "Original Code"../ means Source Code of computer software code which
- is described in the Source Code notice required by Exhibit A as Original Code,
- and which, at the time of its release under this License is not already Covered
- Code governed by this License.
-
- 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
- acquired, including without limitation, method, process, and apparatus claims,
- in any patent Licensable by grantor.
-
- 1.11. "Source Code"../ means the preferred form of the Covered Code for making
- modifications to it, including all modules it contains, plus any associated
- documentation, interface definition files, scripts used to control compilation
- and installation of an Executable, or source code differential comparisons
- against either the Original Code or another well known, available Covered
- Code of the Contributor's choice. The Source Code can be in a compressed or
- archival form, provided the appropriate decompression or de-archiving software
- is widely available for no charge.
-
- 1.12. "You" (or "Your") means an individual or a legal entity exercising rights
- under, and complying with all of the terms of, this License or a future version
- of this License issued under Section 6.1. For legal entities, "You" includes
- any entity which controls, is controlled by, or is under common control with
- You. For purposes of this definition, "control"../ means (a) the power, direct
- or indirect, to cause the direction or management of such entity, whether
- by contract or otherwise, or (b) ownership of more than fifty percent (50%)
- of the outstanding shares or beneficial ownership of such entity.
-
- 2. Source Code License.
-
- 2.1 The Initial Developer Grant. The Initial Developer hereby grants You a
- world-wide, royalty-free, non-exclusive license, subject to third party intellectual
- property claims:
-
- (a) under intellectual property rights (other than patent or trademark) Licensable
- by Initial Developer to use, reproduce, modify, display, perform, sublicense
- and distribute the Original Code (or portions thereof) with or without Modifications,
- and/or as part of a Larger Work; and
-
- (b) under Patent Claims infringed by the making, using or selling of Original
- Code, to make, have made, use, practice, sell, and offer for sale, and/or
- otherwise dispose of the Original Code (or portions thereof).
-
- (c) the licenses granted in this Section 2.1(a) and (b) are effective on the
- date Initial Developer first distributes Original Code under the terms of
- this License.
-
- (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
- for code that You delete from the Original Code; 2) separate from the Original
- Code; or 3) for infringements caused by:
-
- i) the modification of the Original Code or
-
- ii) the combination of the Original Code with other software or devices.
-
- 2.2. Contributor Grant. Subject to third party intellectual property claims,
- each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
- license
-
- (a) under intellectual property rights (other than patent or trademark) Licensable
- by Contributor, to use, reproduce, modify, display, perform, sublicense and
- distribute the Modifications created by such Contributor (or portions thereof)
- either on an unmodified basis, with other Modifications, as Covered Code and/or
- as part of a Larger Work; and
-
- b) under Patent Claims infringed by the making, using, or selling of Modifications
- made by that Contributor either alone and/or in combination with its Contributor
- Version (or portions of such combination), to make, use, sell, offer for sale,
- have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
- (or portions thereof); and 2) the combination of Modifications made by that
- Contributor with its Contributor Version (or portions of such combination).
-
- (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
- date Contributor first makes Commercial Use of the Covered Code.
-
- (d) notwithstanding Section 2.2(b) above, no patent license is granted: 1)
- for any code that Contributor has deleted from the Contributor Version; 2)
- separate from the Contributor Version; 3) for infringements caused by: i)
- third party modifications of Contributor Version or ii) the combination of
- Modifications made by that Contributor with other software (except as part
- of the Contributor Version) or other devices; or 4) under Patent Claims infringed
- by Covered Code in the absence of Modifications made by that Contributor.
-
- 3. Distribution Obligations.
-
- 3.1. Application of License. The Modifications which You create or to which
- You contribute are governed by the terms of this License, including without
- limitation Section 2.2. The Source Code version of Covered Code may be distributed
- only under the terms of this License or a future version of this License released
- under Section 6.1, and You must include a copy of this License with every
- copy of the Source Code You distribute. You may not offer or impose any terms
- on any Source Code version that alters or restricts the applicable version
- of this License or the recipients' rights hereunder. However, You may include
- an additional document offering the additional rights described in Section
- 3.5.
-
- 3.2. Availability of Source Code. Any Modification which You create or to
- which You contribute must be made available in Source Code form under the
- terms of this License either on the same media as an Executable version or
- via an accepted Electronic Distribution Mechanism to anyone to whom you made
- an Executable version available; and if made available via Electronic Distribution
- Mechanism, must remain available for at least twelve (12) months after the
- date it initially became available, or at least six (6) months after a subsequent
- version of that particular Modification has been made available to such recipients.
- You are responsible for ensuring that the Source Code version remains available
- even if the Electronic Distribution Mechanism is maintained by a third party.
-
- 3.3. Description of Modifications. You must cause all Covered Code to which
- You contribute to contain a file documenting the changes You made to create
- that Covered Code and the date of any change. You must include a prominent
- statement that the Modification is derived, directly or indirectly, from Original
- Code provided by the Initial Developer and including the name of the Initial
- Developer in (a) the Source Code, and (b) in any notice in an Executable version
- or related documentation in which You describe the origin or ownership of
- the Covered Code.
-
- 3.4. Intellectual Property Matters.
-
- (a) Third Party Claims. If Contributor has knowledge that a license under
- a third party's intellectual property rights is required to exercise the rights
- granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
- a text file with the Source Code distribution titled "../LEGAL'' which describes
- the claim and the party making the claim in sufficient detail that a recipient
- will know whom to contact. If Contributor obtains such knowledge after the
- Modification is made available as described in Section 3.2, Contributor shall
- promptly modify the LEGAL file in all copies Contributor makes available thereafter
- and shall take other steps (such as notifying appropriate mailing lists or
- newsgroups) reasonably calculated to inform those who received the Covered
- Code that new knowledge has been obtained.
-
- (b) Contributor APIs. If Contributor's Modifications include an application
- programming interface ("API"../) and Contributor has knowledge of patent licenses
- which are reasonably necessary to implement that API, Contributor must also
- include this information in the LEGAL file.
-
- (c) Representations. Contributor represents that, except as disclosed pursuant
- to Section 3.4(a) above, Contributor believes that Contributor's Modifications
- are Contributor's original creation(s) and/or Contributor has sufficient rights
- to grant the rights conveyed by this License.
-
- 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
- file of the Source Code. If it is not possible to put such notice in a particular
- Source Code file due to its structure, then You must include such notice in
- a location (such as a relevant directory) where a user would be likely to
- look for such a notice. If You created one or more Modification(s) You may
- add your name as a Contributor to the notice described in Exhibit A. You must
- also duplicate this License in any documentation for the Source Code where
- You describe recipients' rights or ownership rights relating to Covered Code.
- You may choose to offer, and to charge a fee for, warranty, support, indemnity
- or liability obligations to one or more recipients of Covered Code. However,
- You may do so only on Your own behalf, and not on behalf of the Initial Developer
- or any Contributor. You must make it absolutely clear than any such warranty,
- support, indemnity or liability obligation is offered by You alone, and You
- hereby agree to indemnify the Initial Developer and every Contributor for
- any liability incurred by the Initial Developer or such Contributor as a result
- of warranty, support, indemnity or liability terms You offer.
-
- 3.6. Distribution of Executable Versions. You may distribute Covered Code
- in Executable form only if the requirements of Section 3.1-3.5 have been met
- for that Covered Code, and if You include a notice stating that the Source
- Code version of the Covered Code is available under the terms of this License,
- including a description of how and where You have fulfilled the obligations
- of Section 3.2. The notice must be conspicuously included in any notice in
- an Executable version, related documentation or collateral in which You describe
- recipients' rights relating to the Covered Code. You may distribute the Executable
- version of Covered Code or ownership rights under a license of Your choice,
- which may contain terms different from this License, provided that You are
- in compliance with the terms of this License and that the license for the
- Executable version does not attempt to limit or alter the recipient's rights
- in the Source Code version from the rights set forth in this License. If You
- distribute the Executable version under a different license You must make
- it absolutely clear that any terms which differ from this License are offered
- by You alone, not by the Initial Developer or any Contributor. You hereby
- agree to indemnify the Initial Developer and every Contributor for any liability
- incurred by the Initial Developer or such Contributor as a result of any such
- terms You offer.
-
- 3.7. Larger Works. You may create a Larger Work by combining Covered Code
- with other code not governed by the terms of this License and distribute the
- Larger Work as a single product. In such a case, You must make sure the requirements
- of this License are fulfilled for the Covered Code.
-
- 4. Inability to Comply Due to Statute or Regulation.
-
- If it is impossible for You to comply with any of the terms of this License
- with respect to some or all of the Covered Code due to statute, judicial order,
- or regulation then You must: (a) comply with the terms of this License to
- the maximum extent possible; and (b) describe the limitations and the code
- they affect. Such description must be included in the LEGAL file described
- in Section 3.4 and must be included with all distributions of the Source Code.
- Except to the extent prohibited by statute or regulation, such description
- must be sufficiently detailed for a recipient of ordinary skill to be able
- to understand it.
-
- 5. Application of this License.
-
- This License applies to code to which the Initial Developer has attached the
- notice in Exhibit A and to related Covered Code.
-
- 6. Versions of the License.
-
- 6.1. New Versions. Sun Microsystems, Inc. ("Sun") may publish revised and/or
- new versions of the License from time to time. Each version will be given
- a distinguishing version number.
-
- 6.2. Effect of New Versions. Once Covered Code has been published under a
- particular version of the License, You may always continue to use it under
- the terms of that version. You may also choose to use such Covered Code under
- the terms of any subsequent version of the License published by Sun. No one
- other than Sun has the right to modify the terms applicable to Covered Code
- created under this License.
-
- 6.3. Derivative Works. If You create or use a modified version of this License
- (which you may only do in order to apply it to code which is not already Covered
- Code governed by this License), You must: (a) rename Your license so that
- the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly similar
- phrase do not appear in your license (except to note that your license differs
- from this License) and (b) otherwise make it clear that Your version of the
- license contains terms which differ from the Sun Public License. (Filling
- in the name of the Initial Developer, Original Code or Contributor in the
- notice described in Exhibit A shall not of themselves be deemed to be modifications
- of this License.)
-
- 7. DISCLAIMER OF WARRANTY.
-
- COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS, WITHOUT
- WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
- WARRANTIES THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR
- A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
- AND PERFORMANCE OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE
- DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
- ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
- OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
- CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
- 8. TERMINATION.
-
- 8.1. This License and the rights granted hereunder will terminate automatically
- if You fail to comply with terms herein and fail to cure such breach within
- 30 days of becoming aware of the breach. All sublicenses to the Covered Code
- which are properly granted shall survive any termination of this License.
- Provisions which, by their nature, must remain in effect beyond the termination
- of this License shall survive.
-
- 8.2. If You initiate litigation by asserting a patent infringement claim (excluding
- declaratory judgment actions) against Initial Developer or a Contributor (the
- Initial Developer or Contributor against whom You file such action is referred
- to as "Participant") alleging that:
-
- (a) such Participant's Contributor Version directly or indirectly infringes
- any patent, then any and all rights granted by such Participant to You under
- Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
- terminate prospectively, unless if within 60 days after receipt of notice
- You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
- royalty for Your past and future use of Modifications made by such Participant,
- or (ii) withdraw Your litigation claim with respect to the Contributor Version
- against such Participant. If within 60 days of notice, a reasonable royalty
- and payment arrangement are not mutually agreed upon in writing by the parties
- or the litigation claim is not withdrawn, the rights granted by Participant
- to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
- of the 60 day notice period specified above.
-
- (b) any software, hardware, or device, other than such Participant's Contributor
- Version, directly or indirectly infringes any patent, then any rights granted
- to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
- as of the date You first made, used, sold, distributed, or had made, Modifications
- made by that Participant.
-
- 8.3. If You assert a patent infringement claim against Participant alleging
- that such Participant's Contributor Version directly or indirectly infringes
- any patent where such claim is resolved (such as by license or settlement)
- prior to the initiation of patent infringement litigation, then the reasonable
- value of the licenses granted by such Participant under Sections 2.1 or 2.2
- shall be taken into account in determining the amount or value of any payment
- or license.
-
- 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
- user license agreements (excluding distributors and resellers) which have
- been validly granted by You or any distributor hereunder prior to termination
- shall survive termination.
-
- 9. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
- NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
- OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
- ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
- OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
- FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
- AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
- BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
- SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
- PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
- OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
- YOU.
-
- 10. U.S. GOVERNMENT END USERS.
-
- The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
- 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
- computer software documentation,"../ as such terms are used in 48 C.F.R. 12.212
- (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
- 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
- with only those rights set forth herein.
-
- 11. MISCELLANEOUS.
-
- This License represents the complete agreement concerning subject matter hereof.
- If any provision of this License is held to be unenforceable, such provision
- shall be reformed only to the extent necessary to make it enforceable. This
- License shall be governed by California law provisions (except to the extent
- applicable law, if any, provides otherwise), excluding its conflict-of-law
- provisions. With respect to disputes in which at least one party is a citizen
- of, or an entity chartered or registered to do business in the United States
- of America, any litigation relating to this License shall be subject to the
- jurisdiction of the Federal Courts of the Northern District of California,
- with venue lying in Santa Clara County, California, with the losing party
- responsible for costs, including without limitation, court costs and reasonable
- attorneys' fees and expenses. The application of the United Nations Convention
- on Contracts for the International Sale of Goods is expressly excluded. Any
- law or regulation which provides that the language of a contract shall be
- construed against the drafter shall not apply to this License.
-
- 12. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is responsible
- for claims and damages arising, directly or indirectly, out of its utilization
- of rights under this License and You agree to work with Initial Developer
- and Contributors to distribute such responsibility on an equitable basis.
- Nothing herein is intended or shall be deemed to constitute any admission
- of liability.
-
- 13. MULTIPLE-LICENSED CODE.
-
- Initial Developer may designate portions of the Covered Code as ?Multiple-Licensed?.
- ?Multiple-Licensed? means that the Initial Developer permits you to utilize
- portions of the Covered Code under Your choice of the alternative licenses,
- if any, specified by the Initial Developer in the file described in Exhibit
- A. Exhibit A -Sun Public License Notice.
-
- The contents of this file are subject to the Sun Public License Version 1.0
- (the License); you may not use this file except in compliance with the License.
- A copy of the License is available at http://www.sun.com/
-
- The Original Code is _________________ . The Initial Developer of the Original
- Code is ___________ . Portions created by ______ are Copyright (C) _________
- . All Rights Reserved.
-
- Contributor(s): ______________________________________ .
-
- Alternatively, the contents of this file may be used under the terms of the
- _____ license (the ?[___] License? ), in which case the provisions of [______]
- License are applicable instead of those above. If you wish to allow use of
- your version of this file only under the terms of the [____] License and not
- to allow others to use your version of this file under the SPL, indicate your
- decision by deleting the provisions above and replace them with the notice
- and other provisions required by the [___] License. If you do not delete the
- provisions above, a recipient may use your version of this file under either
- the SPL or the [___] License.
-
- [NOTE: The text of this Exhibit A may differ slightly from the text of the
- notices in the Source Code files of the Original Code. You should use the
- text of this Exhibit A rather than the text found in the Original Code Source
- Code for Your Modifications.]
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