CUA Office Public License Version 1.0

1. Definitions.

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, ... each case

including portions thereof.

1.4. "Electronic Distribution Mechanism" means a mechanism generally

accepted ... the software development community for ... electronic

transfer of data.

1.5. "Executable" means Covered Code ... any form other than Source

Code.

1.6. "Initial Developer" means ... individual ... entity identified

as ... Initial Developer ... 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 ... 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

Modification is:


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

previous Modifications.

1.10. "Original Code" means Source Code of computer software code

which ... described ... the 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, ... 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 ... 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

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

claims:


(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 ... 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 ... 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 ... 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 ... the absence of Modifications made by

that Contributor.

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

Section 3.5.

3.2. Availability of Source Code.

Any Modification which You create ... to which You contribute must be

made available ... 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 ... (a) ... Source Code, ... (b) ... any notice ... an

Executable version ... related documentation ... 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 ... sufficient detail that a recipient will

know whom ... contact. If Contributor obtains such knowledge after

the Modification ... made available as described ... Section 3.2,

Contributor shall promptly modify ... LEGAL file ... 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 ... 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 ... grant ... rights conveyed by

this License.

3.5. Required Notices.

You must duplicate ... notice ... Exhibit A ... each file of ... Source

Code. If it ... not possible ... put such notice ... a particular Source

Code file due ... its structure, then You must include such notice ... 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 ... 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 ... 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 ... 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 ... an Executable version, related documentation or

collateral ... 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 ... the Source Code version from ... rights set forth ... 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. ... 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 ... the LEGAL file described ... 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

understand it.

5. Application of this License.

This License applies ... code ... which ... Initial Developer has

attached ... notice ... 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 ... order ... apply it ... code which ... not already Covered Code

governed by this License), You must (a) rename Your license ... that

the phrases "CUA Office", "CUA", "CUAPL", ... any confusingly similar phrase do not appear ... 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 ... the name of ... Initial

Developer, Original Code ... Contributor ... the notice described in

Exhibit A shall not of themselves be deemed ... be modifications of

this License.)

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 ... 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. TERMINATION.

8.1. This License ... the rights granted hereunder ... 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 ... effect beyond ... termination of this License

shall survive.

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 ... 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 ... 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

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 ... 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 ... determining ... amount ... value of any payment or

license.

8.4. ... the 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 ... 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.

11. MISCELLANEOUS.

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 ... which at least one party ... a citizen of,

or an entity chartered ... registered ... do business ... the 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 ... 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

License.

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 ... the file described ... 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

 

cuaoffice.sourceforge.net

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.

Contributor(s): ______________________________________.

Alternatively, ... contents of this file may be used under ... terms

of ... _____ license (the "[___] License"), ... 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 ... the Source Code files of ... Original Code. You should

use ... text of this Exhibit A rather than ... text found ... the

Original Code Source Code for Your Modifications.]

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