(Sun has ceased to use or recommend this license)
1.1 "Commercial Use" means distribution or otherwise making the
Original Code available to a third party.
1.2 "Contributor Version" means the combination of the Original
Code, and the Modifications made by that particular Contributor.
1.3 "Electronic Distribution Mechanism" means a mechanism generally
accepted in the software development community for the electronic transfer
1.4 "Executable" means Original Code in any form other than Source
1.5 "Initial Developer" means the individual or entity identified
as the Initial Developer in the Source Code notice required by Exhibit
1.6 "Larger Work" means a work which combines Original Code or
portions thereof with code not governed by the terms of this License.
1.7 "License" means this document.
1.8 "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
A Modification is:
- <tt>A. Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications. </tt>
<tt>B. Any new file that contains any part of the Original
Code or previous Modifications.</tt>
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
1.11 "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.
1.12 "Source Code" means the preferred form of the Original Code
for making modifications to it, including all modules it contains, plus
any associated interface definition files, or scripts used to control
and installation of an Executable.
1.13 "Standards" means the standards identified in Exhibit B.
1.14 "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.
2.0 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
- <tt>(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 </tt>
<tt>(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).</tt>
<tt>(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.</tt>
<tt>(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</tt>
<tt> caused by: i) the modification of the Original Code or ii) the combination of</tt>
<tt> the Original Code with other software or devices, including but not limited to</tt>
<tt> Modifications. </tt>
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License.
The Source Code version of Original 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. Your license
for shipment of the Contributor Version is conditioned upon Your full compliance
with this Section. The Modifications which You create must comply with
all requirements set out by the Standards body in effect one hundred twenty
(120) days before You ship the Contributor Version. In the event that the
Modifications do not meet such requirements, You agree to publish either
(i) any deviation from the Standards protocol resulting from implementation
of Your Modifications and a reference implementation of Your Modifications
or (ii) Your Modifications in Source Code form, and to make any such deviation
and reference implementation or Modifications available to all third parties
under the same terms as this license on a royalty free basis within thirty
(30) days of Your first customer shipment of Your Modifications.
3.2 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 Initial Code. You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more recipients of
Your version of the Code. However, You may do so only on Your own behalf,
and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a result
of warranty, support, indemnity or liability terms You offer.
3.3 Distribution of Executable Versions.
You may distribute Original Code in Executable and Source form only
if the requirements of Sections 3.1 and 3.2 have been met for that Original
Code, and if You include a notice stating that the Source Code version
of the Original Code is available under the terms of this License. The
notice must be conspicuously included in any notice in an Executable or
Source versions, related documentation or collateral in which You describe
recipients' rights relating to the Original Code. You may distribute the
Executable and Source versions of Your version of the 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. If You ...
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