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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
71entity
72exercising rights under, and complying with all of the terms of, this
73License or a future version of this License issued under Section 6.1.
74For legal entities, "You" includes any entity which controls, is
75controlled by, or is under common control with You. For purposes of
76this definition, "control" means (a) the power, direct or indirect,
77to cause the direction or management of such entity, whether by
78contract or otherwise, or (b) ownership of more than fifty percent
79(50%) of the outstanding shares or beneficial ownership of such
80entity.
81
822. Source Code License.
83
842.1. The Initial Developer Grant.
85The Initial Developer hereby grants You a world-wide, royalty-free,
86non-exclusive license, subject to third party intellectual property
87claims:
88
89(a) under intellectual property rights (other than patent or
90trademark) Licensable by Initial Developer to use, reproduce,
91modify, display, perform, sublicense and distribute the Original
92Code (or portions thereof) with or without Modifications, and/or
93as part of a Larger Work; and
94
95(b) under Patents Claims infringed by the making, using or
96selling of Original Code, to make, have made, use, practice,
97sell, and offer for sale, and/or otherwise dispose of the
98Original Code (or portions thereof).
99
100(c) the licenses granted in this Section 2.1(a) and (b) are
101effective on the date Initial Developer first distributes
102Original Code under the terms of this License.
103
104(d) Notwithstanding Section 2.1(b) above, no patent license is
105granted: 1) for code that You delete from the Original Code; 2)
106separate from the Original Code; or 3) for infringements caused
107by: i) the modification of the Original Code or ii) the
108combination of the Original Code with other software or devices.
109
1102.2. Contributor Grant.
111Subject to third party intellectual property claims, each Contributor
112hereby grants You a world-wide, royalty-free, non-exclusive license
113
114(a) under intellectual property rights (other than patent or
115trademark) Licensable by Contributor, to use, reproduce, modify,
116display, perform, sublicense and distribute the Modifications
117created by such Contributor (or portions thereof) either on an
118unmodified basis, with other Modifications, as Covered Code
119and/or as part of a Larger Work; and
120
121(b) under Patent Claims infringed by the making, using, or
122selling of Modifications made by that Contributor either alone
123and/or in combination with its Contributor Version (or portions
124of such combination), to make, use, sell, offer for sale, have
125made, and/or otherwise dispose of: 1) Modifications made by that
126Contributor (or portions thereof); and 2) the combination of
127Modifications made by that Contributor with its Contributor
128Version (or portions of such combination).
129
130(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
131effective on the date Contributor first makes Commercial Use of
132the Covered Code.
133
134(d) Notwithstanding Section 2.2(b) above, no patent license is
135granted: 1) for any code that Contributor has deleted from the
136Contributor Version; 2) separate from the Contributor Version;
1373) for infringements caused by: i) third party modifications of
138Contributor Version or ii) the combination of Modifications made
139by that Contributor with other software (except as part of the
140Contributor Version) or other devices; or 4) under Patent Claims
141infringed by Covered Code in the absence of Modifications made by
142that Contributor.
143
1443. Distribution Obligations.
145
1463.1. Application of License.
147The Modifications which You create or to which You contribute are
148governed by the terms of this License, including without limitation
149Section 2.2. The Source Code version of Covered Code may be
150distributed only under the terms of this License or a future version
151of this License released under Section 6.1, and You must include a
152copy of this License with every copy of the Source Code You
153distribute. You may not offer or impose any terms on any Source Code
154version that alters or restricts the applicable version of this
155License or the recipients' rights hereunder. However, You may include
156an additional document offering the additional rights described in
157Section 3.5.
158
1593.2. Availability of Source Code.
160Any Modification which You create or to which You contribute must be
161made available in Source Code form under the terms of this License
162either on the same media as an Executable version or via an accepted
163Electronic Distribution Mechanism to anyone to whom you made an
164Executable version available; and if made available via Electronic
165Distribution Mechanism, must remain available for at least twelve (12)
166months after the date it initially became available, or at least six
167(6) months after a subsequent version of that particular Modification
168has been made available to such recipients. You are responsible for
169ensuring that the Source Code version remains available even if the
170Electronic Distribution Mechanism is maintained by a third party.
171
1723.3. Description of Modifications.
173You must cause all Covered Code to which You contribute to contain a
174file documenting the changes You made to create that Covered Code and
175the date of any change. You must include a prominent statement that
176the Modification is derived, directly or indirectly, from Original
177Code provided by the Initial Developer and including the name of the
178Initial Developer in (a) the Source Code, and (b) in any notice in an
179Executable version or related documentation in which You describe the
180origin or ownership of the Covered Code.
181
1823.4. Intellectual Property Matters
183
184(a) Third Party Claims.
185If Contributor has knowledge that a license under a third party's
186intellectual property rights is required to exercise the rights
187granted by such Contributor under Sections 2.1 or 2.2,
188Contributor must include a text file with the Source Code
189distribution titled "LEGAL" which describes the claim and the
190party making the claim in sufficient detail that a recipient will
191know whom to contact. If Contributor obtains such knowledge after
192the Modification is made available as described in Section 3.2,
193Contributor shall promptly modify the LEGAL file in all copies
194Contributor makes available thereafter and shall take other steps
195(such as notifying appropriate mailing lists or newsgroups)
196reasonably calculated to inform those who received the Covered
197Code that new knowledge has been obtained.
198
199(b) Contributor APIs.
200
201If Contributor's Modifications include an application programming
202interface and Contributor has knowledge of patent licenses which
203are reasonably necessary to implement that API, Contributor must
204also include this information in the LEGAL file.
205
206(c) Representations.
207
208Contributor represents that, except as disclosed pursuant to
209Section 3.4(a) above, Contributor believes that Contributor's
210Modifications are Contributor's original creation(s) and/or
211Contributor has sufficient rights to grant the rights conveyed by
212this License.
213
2143.5. Required Notices.
215You must duplicate the notice in Exhibit A in each file of the Source
216Code. If it is not possible to put such notice in a particular Source
217Code file due to its structure, then You must include such notice in a
218location (such as a relevant directory) where a user would be likely
219to look for such a notice. If You created one or more Modification(s)
220You may add your name as a Contributor to the notice described in
221Exhibit A. You must also duplicate this License in any documentation
222for the Source Code where You describe recipients' rights or ownership
223rights relating to Covered Code. You may choose to offer, and to
224charge a fee for, warranty, support, indemnity or liability
225obligations to one or more recipients of Covered Code. However, You
226may do so only on Your own behalf, and not on behalf of the Initial
227Developer or any Contributor. You must make it absolutely clear than
228any such warranty, support, indemnity or liability obligation is
229offered by You alone, and You hereby agree to indemnify the Initial
230Developer and every Contributor for any liability incurred by the
231Initial Developer or such Contributor as a result of warranty,
232support, indemnity or liability terms You offer.
233
2343.6. Distribution of Executable Versions.
235You may distribute Covered Code in Executable form only if the
236requirements of Section 3.1-3.5 have been met for that Covered Code,
237and if You include a notice stating that the Source Code version of
238the Covered Code is available under the terms of this License,
239including a description of how and where You have fulfilled the
240obligations of Section 3.2. The notice must be conspicuously included
241in any notice in an Executable version, related documentation or
242collateral in which You describe recipients' rights relating to the
243Covered Code. You may distribute the Executable version of Covered
244Code or ownership rights under a license of Your choice, which may
245contain terms different from this License, provided that You are in
246compliance with the terms of this License and that the license for the
247Executable version does not attempt to limit or alter the recipient's
248rights in the Source Code version from the rights set forth in this
249License. If You distribute the Executable version under a different
250license You must make it absolutely clear that any terms which differ
251from this License are offered by You alone, not by the Initial
252Developer or any Contributor. You hereby agree to indemnify the
253Initial Developer and every Contributor for any liability incurred by
254the Initial Developer or such Contributor as a result of any such
255terms You offer.
256
2573.7. Larger Works.
258You may create a Larger Work by combining Covered Code with other code
259not governed by the terms of this License and distribute the Larger
260Work as a single product. In such a case, You must make sure the
261requirements of this License are fulfilled for the Covered Code.
262
2634. Inability to Comply Due to Statute or Regulation.
264
265If it is impossible for You to comply with any of the terms of this
266License with respect to some or all of the Covered Code due to
267statute, judicial order, or regulation then You must: (a) comply with
268the terms of this License to the maximum extent possible; and (b)
269describe the limitations and the code they affect. Such description
270must be included in the LEGAL file described in Section 3.4 and must
271be included with all distributions of the Source Code. Except to the
272extent prohibited by statute or regulation, such description must be
273sufficiently detailed for a recipient of ordinary skill to be able to
274understand it.
275
2765. Application of this License.
277
278This License applies to code to which the Initial Developer has
279attached the notice in Exhibit A and to related Covered Code.
280
2816. Versions of the License.
282
2836.1. New Versions.
284CUA Office Project may publish revised
285and/or new versions of the License from time to time. Each version
286will be given a distinguishing version number.
287
2886.2. Effect of New Versions.
289Once Covered Code has been published under a particular version of the
290License, You may always continue to use it under the terms of that
291version. You may also choose to use such Covered Code under the terms
292of any subsequent version of the License published by CUA Office Project. No
293one
294other than CUA Office Project has the right to modify the terms applicable to
295Covered Code created under this License.
296
2976.3. Derivative Works.
298If You create or use a modified version of this License (which you may
299only do in order to apply it to code which is not already Covered Code
300governed by this License), You must (a) rename Your license so that
301the phrases "CUA Office", "CUA", "CUAPL", or any
302confusingly similar phrase do not appear in your
303license (except to note that your license differs from this License)
304and (b) otherwise make it clear that Your version of the license
305contains terms which differ from the CUA Office Public License. (Filling in the
306name of the Initial
307Developer, Original Code or Contributor in the notice described in
308Exhibit A shall not of themselves be deemed to be modifications of
309this License.)
310
3117. DISCLAIMER OF WARRANTY.
312
313COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
314WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
315WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
316DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
317THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
318IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
319YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
320COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
321OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
322ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
323
3248. TERMINATION.
325
3268.1. This License and the rights granted hereunder will terminate
327automatically if You fail to comply with terms herein and fail to cure
328such breach within 30 days of becoming aware of the breach. All
329sublicenses to the Covered Code which are properly granted shall
330survive any termination of this License. Provisions which, by their
331nature, must remain in effect beyond the termination of this License
332shall survive.
333
3348.2. If You initiate litigation by asserting a patent infringement
335claim (excluding declatory judgment actions) against Initial Developer
336or a Contributor (the Initial Developer or Contributor against whom
337You file such action is referred to as "Participant") alleging that:
338
339(a) such Participant's Contributor Version directly or indirectly
340infringes any patent, then any and all rights granted by such
341Participant to You under Sections 2.1 and/or 2.2 of this License
342shall, upon 60 days notice from Participant terminate prospectively,
343unless if within 60 days after receipt of notice You either: (i)
344agree in writing to pay Participant a mutually agreeable reasonable
345royalty for Your past and future use of Modifications made by such
346Participant, or (ii) withdraw Your litigation claim with respect to
347the Contributor Version against such Participant. If within 60 days
348of notice, a reasonable royalty and payment arrangement are not
349mutually agreed upon in writing by the parties or the litigation claim
350is not withdrawn, the rights granted by Participant to You under
351Sections 2.1 and/or 2.2 automatically terminate at the expiration of
352the 60 day notice period specified above.
353
354(b) any software, hardware, or device, other than such Participant's
355Contributor Version, directly or indirectly infringes any patent, then
356any rights granted to You by such Participant under Sections 2.1(b)
357and 2.2(b) are revoked effective as of the date You first made, used,
358sold, distributed, or had made, Modifications made by that
359Participant.
360
3618.3. If You assert a patent infringement claim against Participant
362alleging that such Participant's Contributor Version directly or
363indirectly infringes any patent where such claim is resolved (such as
364by license or settlement) prior to the initiation of patent
365infringement litigation, then the reasonable value of the licenses
366granted by such Participant under Sections 2.1 or 2.2 shall be taken
367into account in determining the amount or value of any payment or
368license.
369
3708.4. In the event of termination under Sections 8.1 or 8.2 above,
371all end user license agreements (excluding distributors and resellers)
372which have been validly granted by You or any distributor hereunder
373prior to termination shall survive termination.
374
3759. LIMITATION OF LIABILITY.
376
377UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
378(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
379DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
380OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
381ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
382CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
383WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
384COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
385INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
386LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
387RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
388PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
389EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
390THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
391
39210. U.S. GOVERNMENT END USERS.
393
394The Covered Code is a "commercial item," as that term is defined in
39548 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
396software" and "commercial computer software documentation," as
397such
398terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
399C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
400all U.S. Government End Users acquire Covered Code with only those
401rights set forth herein.
402
40311. MISCELLANEOUS.
404
405This License represents the complete agreement concerning subject
406matter hereof. If any provision of this License is held to be
407unenforceable, such provision shall be reformed only to the extent
408necessary to make it enforceable. This License shall be governed by
409California law provisions (except to the extent applicable law, if
410any, provides otherwise), excluding its conflict-of-law provisions.
411With respect to disputes in which at least one party is a citizen of,
412or an entity chartered or registered to do business in the United
413States of America, any litigation relating to this License shall be
414subject to the jurisdiction of the Federal Courts of the Northern
415District of California, with venue lying in Santa Clara County,
416California, with the losing party responsible for costs, including
417without limitation, court costs and reasonable attorneys' fees and
418expenses. The application of the United Nations Convention on
419Contracts for the International Sale of Goods is expressly excluded.
420Any law or regulation which provides that the language of a contract
421shall be construed against the drafter shall not apply to this
422License.
423
42412. RESPONSIBILITY FOR CLAIMS.
425
426As between Initial Developer and the Contributors, each party is
427responsible for claims and damages arising, directly or indirectly,
428out of its utilization of rights under this License and You agree to
429work with Initial Developer and Contributors to distribute such
430responsibility on an equitable basis. Nothing herein is intended or
431shall be deemed to constitute any admission of liability.
432
43313. MULTIPLE-LICENSED CODE.
434
435Initial Developer may designate portions of the Covered Code as
436"Multiple-Licensed". "Multiple-Licensed" means that the
437Initial
438Developer permits you to utilize portions of the Covered Code under
439Your choice of the NPL or the alternative licenses, if any, specified
440by the Initial Developer in the file described in Exhibit A.
441
442EXHIBIT A - CUA Office Public License.
443
444``The contents of this file are subject to the CUA Office Public License
445Version 1.0 (the "License"); you may not use this file except in
446compliance with the License. You may obtain a copy of the License at
447http://cuaoffice.sourceforge.net/
448
449Software distributed under the License is distributed on an "AS IS"
450basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
451License for the specific language governing rights and limitations
452under the License.
453
454The Original Code is ______________________________________.
455
456The Initial Developer of the Original Code is ________________________.
457Portions created by ______________________ are Copyright (C) ______
458_______________________. All Rights Reserved.
459
460Contributor(s): ______________________________________.
461
462Alternatively, the contents of this file may be used under the terms
463of the _____ license (the "[___] License"), in which case the
464provisions of [______] License are applicable instead of those
465above. If you wish to allow use of your version of this file only
466under the terms of the [____] License and not to allow others to use
467your version of this file under the CUAPL, indicate your decision by
468deleting the provisions above and replace them with the notice and
469other provisions required by the [___] License. If you do not delete
470the provisions above, a recipient may use your version of this file
471under either the CUAPL or the [___] License."
472
473[NOTE: The text of this Exhibit A may differ slightly from the text of
474the notices in the Source Code files of the Original Code. You should
475use the text of this Exhibit A rather than the text found in the
476Original Code Source Code for Your Modifications.]
477
478
479
480
481
482