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