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
_ 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 _ corresponding documentation released
with _ source code.
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
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
making modifications _ it, including all modules it contains, plus
any associated documentation, interface definition files, scripts used
_ control compilation _ installation of an Executable, _ source
code differential comparisons against either _ Original Code or
another well known, available Covered Code of _ Contributor's
choice. _ Source Code can be in a compressed _ archival form,
provided _ appropriate decompression _ de-archiving software is
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,
cause _ direction _ management of such entity, whether by contract
_ otherwise, _ (b) ownership of more than fifty percent (50%) of the
outstanding shares _ beneficial ownership of such entity.
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 Patent Claims infringed by _ making, using _ selling of
Original Code, _ make, have made, use, practice, sell, _ offer for
sale, and/or otherwise dispose of _ Original Code (or portions
(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
i) _ modification of _ Original Code _ ii) _ combination of the
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
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, _ 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
(c) _ licenses granted in Sections 2.2(a) _ 2.2(b) are effective
_ the date Contributor first makes Commercial Use of _ Covered
(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 _ Contributor
Version) _ other devices; _ 4) under Patent Claims infringed by
Covered Code in _ absence of Modifications made by that
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
_ date of any change. You must include a prominent statement that
_ 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 _ 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 ("API"../) _ 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 _ 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 this
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
_ 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,
_ if You include a notice stating that _ Source Code version of
_ 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
_ 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
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
_ 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.
Sun Microsystems, Inc. ("Sun") 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
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 Sun. No one
other than Sun has _ right _ modify _ terms applicable _ Covered
Code created under this License.
6.3. Derivative Works.
If You create _ use a modified version of this License (which you
only do in order _ apply it _ code which _ not already Covered Code
governed by this License), You must: (a) rename Your license so that
_ phrases "Sun," "Sun Public License," _ "SPL"../ _ any confusingly
similar phrase do not appear in your license (except _ note that your
license differs from this License) _ (b) otherwise make it clear
that Your version of _ license contains terms which differ from the
Sun 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 this
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.
_ ENTIRE RISK AS _ THE QUALITY _ PERFORMANCE OF _ COVERED CODE
_ 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
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 declaratory judgment actions) against Initial Developer
_ a Contributor (the Initial Developer _ Contributor against whom
You file such action _ referred _ as "Participant") alleging
(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
_ 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
_ not withdrawn, _ rights granted by Participant _ You under
Sections 2.1 and/or 2.2 automatically terminate at _ expiration of
_ 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)
_ 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,
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,
_ 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
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,
_ 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 _ alternative licenses, if any, specified by the
Initial Developer in _ file described in Exhibit A.
Exhibit A -Sun Public License Notice.
_ contents of this file are subject _ the Sun Public License
Version 1.0 (the License); you may not use this file except in
compliance with _ License. A copy of _ License _ available at
The Original Code _ _________________. _ Initial Developer of the
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 the
terms of _ [____] License _ not _ allow others _ use your
version of this file under _ SPL, indicate your decision by deleting
_ provisions above _ replace them with _ notice _ other
provisions required by _ [___] License. If you do not delete the
provisions above, a recipient may use your version of this file under
either _ SPL _ the [___] License.
[NOTE: _ text of this Exhibit A may differ slightly from _ text of
_ 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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