CUA Office Public License Version 1.0

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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.

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 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 Patents 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 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 ...

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