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1
2CUA Office Public License Version 1.0
3(plain text)
41. Definitions.
5
61.0.1. "Commercial Use" means distribution or otherwise making the
7Covered Code available to a third party.
8
91.1. "Contributor" means each entity that creates or contributes to
10the creation of Modifications.
11
121.2. "Contributor Version" means the combination of the Original
13Code, prior Modifications used by a Contributor, and the Modifications
14made by that particular Contributor.
15
161.3. "Covered Code" means the Original Code or Modifications or the
17combination of the Original Code and Modifications, in each case
18including portions thereof.
19
201.4. "Electronic Distribution Mechanism" means a mechanism generally
21accepted in the software development community for the electronic
22transfer of data.
23
241.5. "Executable" means Covered Code in any form other than Source
25Code.
26
271.6. "Initial Developer" means the individual or entity identified
28as the Initial Developer in the Source Code notice required by Exhibit
29A.
30
311.7. "Larger Work" means a work which combines Covered Code or
32portions thereof with code not governed by the terms of this License.
33
341.8. "License" means this document.
35
361.8.1. "Licensable" means having the right to grant, to the maximum
37extent possible, whether at the time of the initial grant or
38subsequently acquired, any and all of the rights conveyed herein.
39
401.9. "Modifications" means any addition to or deletion from the
41substance or structure of either the Original Code or any previous
42Modifications. When Covered Code is released as a series of files, a
43Modification is:
44
45A. Any addition to or deletion from the contents of a file
46containing Original Code or previous Modifications.
47
48B. Any new file that contains any part of the Original Code or
49previous Modifications.
50
511.10. "Original Code" means Source Code of computer software code
52which is described in the Source Code notice required by Exhibit A as
53Original Code, and which, at the time of its release under this
54License is not already Covered Code governed by this License.
55
561.10.1. "Patent Claims" means any patent claim(s), now owned or
57hereafter acquired, including without limitation, method, process,
58and apparatus claims, in any patent Licensable by grantor.
59
601.11. "Source Code" means the preferred form of the Covered Code for
61making modifications to it, including all modules it contains, plus
62any associated interface definition files, scripts used to control
63compilation and installation of an Executable, or source code
64differential comparisons against either the Original Code or another
65well known, available Covered Code of the Contributor`s choice. The
66Source Code can be in a compressed or archival form, provided the
67appropriate decompression or de-archiving software is widely available
68for no charge.
69
701.12. "You" (or "Your") means an individual or a legal entity
71exercising rights under, and complying with all of the terms of, this
72License or a future version of this License issued under Section 6.1.
73For legal entities, "You" includes any entity which controls, is
74controlled by, or is under common control with You. For purposes of
75this definition, "control" means (a) the power, direct or indirect,
76to cause the direction or management of such entity, whether by
77contract or otherwise, or (b) ownership of more than fifty percent
78(50%) of the outstanding shares or beneficial ownership of such
79entity.
80
812. Source Code License.
82
832.1. The Initial Developer Grant.
84The Initial Developer hereby grants You a world-wide, royalty-free,
85non-exclusive license, subject to third party intellectual property
86claims:
87
88(a) under intellectual property rights (other than patent or
89trademark) Licensable by Initial Developer to use, reproduce,
90modify, display, perform, sublicense and distribute the Original
91Code (or portions thereof) with or without Modifications, and/or
92as part of a Larger Work; and
93
94(b) under Patents Claims infringed by the making, using or
95selling of Original Code, to make, have made, use, practice,
96sell, and offer for sale, and/or otherwise dispose of the
97Original Code (or portions thereof).
98
99(c) the licenses granted in this Section 2.1(a) and (b) are
100effective on the date Initial Developer first distributes
101Original Code under the terms of this License.
102
103(d) Notwithstanding Section 2.1(b) above, no patent license is
104granted: 1) for code that You delete from the Original Code; 2)
105separate from the Original Code; or 3) for infringements caused
106by: i) the modification of the Original Code or ii) the
107combination of the Original Code with other software or devices.
108
1092.2. Contributor Grant.
110Subject to third party intellectual property claims, each Contributor
111hereby grants You a world-wide, royalty-free, non-exclusive license
112
113(a) under intellectual property rights (other than patent or
114trademark) Licensable by Contributor, to use, reproduce, modify,
115display, perform, sublicense and distribute the Modifications
116created by such Contributor (or portions thereof) either on an
117unmodified basis, with other Modifications, as Covered Code
118and/or as part of a Larger Work; and
119
120(b) under Patent Claims infringed by the making, using, or
121selling of Modifications made by that Contributor either alone
122and/or in combination with its Contributor Version (or portions
123of such combination), to make, use, sell, offer for sale, have
124made, and/or otherwise dispose of: 1) Modifications made by that
125Contributor (or portions thereof); and 2) the combination of
126Modifications made by that Contributor with its Contributor
127Version (or portions of such combination).
128
129(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
130effective on the date Contributor first makes Commercial Use of
131the Covered Code.
132
133(d) Notwithstanding Section 2.2(b) above, no patent license is
134granted: 1) for any code that Contributor has deleted from the
135Contributor Version; 2) separate from the Contributor Version;
1363) for infringements caused by: i) third party modifications of
137Contributor Version or ii) the combination of Modifications made
138by that Contributor with other software (except as part of the
139Contributor Version) or other devices; or 4) under Patent Claims
140infringed by Covered Code in the absence of Modifications made by
141that Contributor.
142
1433. Distribution Obligations.
144
1453.1. Application of License.
146The Modifications which You create or to which You contribute are
147governed by the terms of this License, including without limitation
148Section 2.2. The Source Code version of Covered Code may be
149distributed only under the terms of this License or a future version
150of this License released under Section 6.1, and You must include a
151copy of this License with every copy of the Source Code You
152distribute. You may not offer or impose any terms on any Source Code
153version that alters or restricts the applicable version of this
154License or the recipients` rights hereunder. However, You may include
155an additional document offering the additional rights described in
156Section 3.5.
157
1583.2. Availability of Source Code.
159Any Modification which You create or to which You contribute must be
160made available in Source Code form under the terms of this License
161either on the same media as an Executable version or via an accepted
162Electronic Distribution Mechanism to anyone to whom you made an
163Executable version available; and if made available via Electronic
164Distribution Mechanism, must remain available for at least twelve (12)
165months after the date it initially became available, or at least six
166(6) months after a subsequent version of that particular Modification
167has been made available to such recipients. You are responsible for
168ensuring that the Source Code version remains available even if the
169Electronic Distribution Mechanism is maintained by a third party.
170
1713.3. Description of Modifications.
172You must cause all Covered Code to which You contribute to contain a
173file documenting the changes You made to create that Covered Code and
174the date of any change. You must include a prominent statement that
175the Modification is derived, directly or indirectly, from Original
176Code provided by the Initial Developer and including the name of the
177Initial Developer in (a) the Source Code, and (b) in any notice in an
178Executable version or related documentation in which You describe the
179origin or ownership of the Covered Code.
180
1813.4. Intellectual Property Matters
182
183(a) Third Party Claims.
184If Contributor has knowledge that a license under a third party`s
185intellectual property rights is required to exercise the rights
186granted by such Contributor under Sections 2.1 or 2.2,
187Contributor must include a text file with the Source Code
188distribution titled "LEGAL" which describes the claim and the
189party making the claim in sufficient detail that a recipient will
190know whom to contact. If Contributor obtains such knowledge after
191the Modification is made available as described in Section 3.2,
192Contributor shall promptly modify the LEGAL file in all copies
193Contributor makes available thereafter and shall take other steps
194(such as notifying appropriate mailing lists or newsgroups)
195reasonably calculated to inform those who received the Covered
196Code that new knowledge has been obtained.
197
198(b) Contributor APIs.
199
200If Contributor`s Modifications include an application programming
201interface and Contributor has knowledge of patent licenses which
202are reasonably necessary to implement that API, Contributor must
203also include this information in the LEGAL file.
204
205(c) Representations.
206
207Contributor represents that, except as disclosed pursuant to
208Section 3.4(a) above, Contributor believes that Contributor`s
209Modifications are Contributor`s original creation(s) and/or
210Contributor has sufficient rights to grant the rights conveyed by
211this License.
212
2133.5. Required Notices.
214You must duplicate the notice in Exhibit A in each file of the Source
215Code. If it is not possible to put such notice in a particular Source
216Code file due to its structure, then You must include such notice in a
217location (such as a relevant directory) where a user would be likely
218to look for such a notice. If You created one or more Modification(s)
219You may add your name as a Contributor to the notice described in
220Exhibit A. You must also duplicate this License in any documentation
221for the Source Code where You describe recipients` rights or ownership
222rights relating to Covered Code. You may choose to offer, and to
223charge a fee for, warranty, support, indemnity or liability
224obligations to one or more recipients of Covered Code. However, You
225may do so only on Your own behalf, and not on behalf of the Initial
226Developer or any Contributor. You must make it absolutely clear than
227any such warranty, support, indemnity or liability obligation is
228offered by You alone, and You hereby agree to indemnify the Initial
229Developer and every Contributor for any liability incurred by the
230Initial Developer or such Contributor as a result of warranty,
231support, indemnity or liability terms You offer.
232
2333.6. Distribution of Executable Versions.
234You may distribute Covered Code in Executable form only if the
235requirements of Section 3.1-3.5 have been met for that Covered Code,
236and if You include a notice stating that the Source Code version of
237the Covered Code is available under the terms of this License,
238including a description of how and where You have fulfilled the
239obligations of Section 3.2. The notice must be conspicuously included
240in any notice in an Executable version, related documentation or
241collateral in which You describe recipients` rights relating to the
242Covered Code. You may distribute the Executable version of Covered
243Code or ownership rights under a license of Your choice, which may
244contain terms different from this License, provided that You are in
245compliance with the terms of this License and that the license for the
246Executable version does not attempt to limit or alter the recipient`s
247rights in the Source Code version from the rights set forth in this
248License. If You distribute the Executable version under a different
249license You must make it absolutely clear that any terms which differ
250from this License are offered by You alone, not by the Initial
251Developer or any Contributor. You hereby agree to indemnify the
252Initial Developer and every Contributor for any liability incurred by
253the Initial Developer or such Contributor as a result of any such
254terms You offer.
255
2563.7. Larger Works.
257You may create a Larger Work by combining Covered Code with other code
258not governed by the terms of this License and distribute the Larger
259Work as a single product. In such a case, You must make sure the
260requirements of this License are fulfilled for the Covered Code.
261
2624. Inability to Comply Due to Statute or Regulation.
263
264If it is impossible for You to comply with any of the terms of this
265License with respect to some or all of the Covered Code due to
266statute, judicial order, or regulation then You must: (a) comply with
267the terms of this License to the maximum extent possible; and (b)
268describe the limitations and the code they affect. Such description
269must be included in the LEGAL file described in Section 3.4 and must
270be included with all distributions of the Source Code. Except to the
271extent prohibited by statute or regulation, such description must be
272sufficiently detailed for a recipient of ordinary skill to be able to
273understand it.
274
2755. Application of this License.
276
277This License applies to code to which the Initial Developer has
278attached the notice in Exhibit A and to related Covered Code.
279
2806. Versions of the License.
281
2826.1. New Versions.
283CUA Office Project may publish revised
284and/or new versions of the License from time to time. Each version
285will be given a distinguishing version number.
286
2876.2. Effect of New Versions.
288Once Covered Code has been published under a particular version of the
289License, You may always continue to use it under the terms of that
290version. You may also choose to use such Covered Code under the terms
291of any subsequent version of the License published by CUA Office Project. No one
292other than CUA Office Project has the right to modify the terms applicable to
293Covered Code created under this License.
294
2956.3. Derivative Works.
296If You create or use a modified version of this License (which you may
297only do in order to apply it to code which is not already Covered Code
298governed by this License), You must (a) rename Your license so that
299the phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do not appear in your
300license (except to note that your license differs from this License)
301and (b) otherwise make it clear that Your version of the license
302contains terms which differ from the CUA Office Public License. (Filling in the name of the Initial
303Developer, Original Code or Contributor in the notice described in
304Exhibit A shall not of themselves be deemed to be modifications of
305this License.)
306
3077. DISCLAIMER OF WARRANTY.
308
309COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
310WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
311WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
312DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
313THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
314IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
315YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
316COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
317OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
318ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
319
3208. TERMINATION.
321
3228.1. This License and the rights granted hereunder will terminate
323automatically if You fail to comply with terms herein and fail to cure
324such breach within 30 days of becoming aware of the breach. All
325sublicenses to the Covered Code which are properly granted shall
326survive any termination of this License. Provisions which, by their
327nature, must remain in effect beyond the termination of this License
328shall survive.
329
3308.2. If You initiate litigation by asserting a patent infringement
331claim (excluding declatory judgment actions) against Initial Developer
332or a Contributor (the Initial Developer or Contributor against whom
333You file such action is referred to as "Participant") alleging that:
334
335(a) such Participant`s Contributor Version directly or indirectly
336infringes any patent, then any and all rights granted by such
337Participant to You under Sections 2.1 and/or 2.2 of this License
338shall, upon 60 days notice from Participant terminate prospectively,
339unless if within 60 days after receipt of notice You either: (i)
340agree in writing to pay Participant a mutually agreeable reasonable
341royalty for Your past and future use of Modifications made by such
342Participant, or (ii) withdraw Your litigation claim with respect to
343the Contributor Version against such Participant. If within 60 days
344of notice, a reasonable royalty and payment arrangement are not
345mutually agreed upon in writing by the parties or the litigation claim
346is not withdrawn, the rights granted by Participant to You under
347Sections 2.1 and/or 2.2 automatically terminate at the expiration of
348the 60 day notice period specified above.
349
350(b) any software, hardware, or device, other than such Participant`s
351Contributor Version, directly or indirectly infringes any patent, then
352any rights granted to You by such Participant under Sections 2.1(b)
353and 2.2(b) are revoked effective as of the date You first made, used,
354sold, distributed, or had made, Modifications made by that
355Participant.
356
3578.3. If You assert a patent infringement claim against Participant
358alleging that such Participant`s Contributor Version directly or
359indirectly infringes any patent where such claim is resolved (such as
360by license or settlement) prior to the initiation of patent
361infringement litigation, then the reasonable value of the licenses
362granted by such Participant under Sections 2.1 or 2.2 shall be taken
363into account in determining the amount or value of any payment or
364license.
365
3668.4. In the event of termination under Sections 8.1 or 8.2 above,
367all end user license agreements (excluding distributors and resellers)
368which have been validly granted by You or any distributor hereunder
369prior to termination shall survive termination.
370
3719. LIMITATION OF LIABILITY.
372
373UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
374(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
375DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
376OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
377ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
378CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
379WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
380COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
381INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
382LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
383RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
384PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
385EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
386THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
387
38810. U.S. GOVERNMENT END USERS.
389
390The Covered Code is a "commercial item," as that term is defined in
39148 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
392software" and "commercial computer software documentation," as such
393terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
394C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
395all U.S. Government End Users acquire Covered Code with only those
396rights set forth herein.
397
39811. MISCELLANEOUS.
399
400This License represents the complete agreement concerning subject
401matter hereof. If any provision of this License is held to be
402unenforceable, such provision shall be reformed only to the extent
403necessary to make it enforceable. This License shall be governed by
404California law provisions (except to the extent applicable law, if
405any, provides otherwise), excluding its conflict-of-law provisions.
406With respect to disputes in which at least one party is a citizen of,
407or an entity chartered or registered to do business in the United
408States of America, any litigation relating to this License shall be
409subject to the jurisdiction of the Federal Courts of the Northern
410District of California, with venue lying in Santa Clara County,
411California, with the losing party responsible for costs, including
412without limitation, court costs and reasonable attorneys` fees and
413expenses. The application of the United Nations Convention on
414Contracts for the International Sale of Goods is expressly excluded.
415Any law or regulation which provides that the language of a contract
416shall be construed against the drafter shall not apply to this
417License.
418
41912. RESPONSIBILITY FOR CLAIMS.
420
421As between Initial Developer and the Contributors, each party is
422responsible for claims and damages arising, directly or indirectly,
423out of its utilization of rights under this License and You agree to
424work with Initial Developer and Contributors to distribute such
425responsibility on an equitable basis. Nothing herein is intended or
426shall be deemed to constitute any admission of liability.
427
42813. MULTIPLE-LICENSED CODE.
429
430Initial Developer may designate portions of the Covered Code as
431"Multiple-Licensed". "Multiple-Licensed" means that the Initial
432Developer permits you to utilize portions of the Covered Code under
433Your choice of the NPL or the alternative licenses, if any, specified
434by the Initial Developer in the file described in Exhibit A.
435
436EXHIBIT A - CUA Office Public License.
437
438``The contents of this file are subject to the CUA Office Public License
439Version 1.0 (the "License"); you may not use this file except in
440compliance with the License. You may obtain a copy of the License at
441http://cuaoffice.sourceforge.net/
442
443Software distributed under the License is distributed on an "AS IS"
444basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
445License for the specific language governing rights and limitations
446under the License.
447
448The Original Code is ______________________________________.
449
450The Initial Developer of the Original Code is ________________________.
451Portions created by ______________________ are Copyright (C) ______
452_______________________. All Rights Reserved.
453
454Contributor(s): ______________________________________.
455
456Alternatively, the contents of this file may be used under the terms
457of the _____ license (the "[___] License"), in which case the
458provisions of [______] License are applicable instead of those
459above. If you wish to allow use of your version of this file only
460under the terms of the [____] License and not to allow others to use
461your version of this file under the CUAPL, indicate your decision by
462deleting the provisions above and replace them with the notice and
463other provisions required by the [___] License. If you do not delete
464the provisions above, a recipient may use your version of this file
465under either the CUAPL or the [___] License."
466
467[NOTE: The text of this Exhibit A may differ slightly from the text of
468the notices in the Source Code files of the Original Code. You should
469use the text of this Exhibit A rather than the text found in the
470Original Code Source Code for Your Modifications.]
471