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1
2SUN PUBLIC LICENSE Version 1.0
3
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 Code,
13prior Modifications used by a Contributor, and the Modifications made
14by 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 and corresponding documentation released
19with the source code.
20
211.4. "Electronic Distribution Mechanism" means a mechanism generally
22accepted in the software development community for the electronic
23transfer of data.
24
251.5. "Executable" means Covered Code in any form other than Source
26Code.
27
281.6. "Initial Developer" means the individual or entity identified as
29the Initial Developer in the Source Code notice required by Exhibit
30A.
31
321.7. "Larger Work" means a work which combines Covered Code or
33portions thereof with code not governed by the terms of this
34License.
35
361.8. "License" means this document.
37
381.8.1. "Licensable" means having the right to grant, to the maximum
39extent possible, whether at the time of the initial grant or
40subsequently acquired, any and all of the rights conveyed herein.
41
421.9. "Modifications" means any addition to or deletion from the
43substance or structure of either the Original Code or any previous
44Modifications. When Covered Code is released as a series of files, a
45Modification is:
46
47A. Any addition to or deletion from the contents of a file containing
48Original Code or previous Modifications.
49
50B. Any new file that contains any part of the Original Code or
51previous Modifications.
52
531.10. "Original Code"../ means Source Code of computer software code
54which is described in the Source Code notice required by Exhibit A as
55Original Code, and which, at the time of its release under this
56License is not already Covered Code governed by this License.
57
581.10.1. "Patent Claims" means any patent claim(s), now owned or
59hereafter acquired, including without limitation, method, process, and
60apparatus claims, in any patent Licensable by grantor.
61
621.11. "Source Code"../ means the preferred form of the Covered Code
63for
64making modifications to it, including all modules it contains, plus
65any associated documentation, interface definition files, scripts used
66to control compilation and installation of an Executable, or source
67code differential comparisons against either the Original Code or
68another well known, available Covered Code of the Contributor`s
69choice. The Source Code can be in a compressed or archival form,
70provided the appropriate decompression or de-archiving software is
71widely available for no charge.
72
731.12. "You" (or "Your") means an individual or a legal entity
74exercising rights under, and complying with all of the terms of, this
75License or a future version of this License issued under Section 6.1.
76For legal entities, "You" includes any entity which controls, is
77controlled by, or is under common control with You. For purposes of
78this definition, "control"../ means (a) the power, direct or indirect,
79to
80cause the direction or management of such entity, whether by contract
81or otherwise, or (b) ownership of more than fifty percent (50%) of the
82outstanding shares or beneficial ownership of such entity.
83
842. Source Code License.
85
862.1 The Initial Developer Grant.
87
88The Initial Developer hereby grants You a world-wide, royalty-free,
89non-exclusive license, subject to third party intellectual property
90claims:
91
92(a) under intellectual property rights (other than patent or
93trademark) Licensable by Initial Developer to use, reproduce, modify,
94display, perform, sublicense and distribute the Original Code (or
95portions thereof) with or without Modifications, and/or as part of a
96Larger Work; and
97
98(b) under Patent Claims infringed by the making, using or selling of
99Original Code, to make, have made, use, practice, sell, and offer for
100sale, and/or otherwise dispose of the Original Code (or portions
101thereof).
102
103(c) the licenses granted in this Section 2.1(a) and (b) are effective
104on the date Initial Developer first distributes Original Code under
105the terms of this License.
106
107(d) Notwithstanding Section 2.1(b) above, no patent license is
108granted: 1) for code that You delete from the Original Code; 2)
109separate from the Original Code; or 3) for infringements caused
110by:
111
112i) the modification of the Original Code or ii) the combination of the
113Original Code with other software or devices.
114
1152.2. Contributor Grant.
116
117Subject to third party intellectual property claims, each Contributor
118hereby grants You a world-wide, royalty-free, non-exclusive license
119
120(a) under intellectual property rights (other than patent
121or
122trademark) Licensable by Contributor, to use, reproduce, modify,
123display, perform, sublicense and distribute the Modifications created
124by such Contributor (or portions thereof) either on an unmodified
125basis, with other Modifications, as Covered Code and/or as part of a
126Larger Work; and
127
128b) under Patent Claims infringed by the making, using, or selling of
129Modifications made by that Contributor either alone and/or in
130combination with its Contributor Version (or portions of such
131combination), to make, use, sell, offer for sale, have made, and/or
132otherwise dispose of: 1) Modifications made by that Contributor (or
133portions thereof); and 2) the combination of Modifications made by
134that Contributor with its Contributor Version (or portions of such
135combination).
136
137(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
138on the date Contributor first makes Commercial Use of the Covered
139Code.
140
141(d) notwithstanding Section 2.2(b) above, no patent license is
142granted: 1) for any code that Contributor has deleted from the
143Contributor Version; 2) separate from the Contributor Version; 3) for
144infringements caused by: i) third party modifications of Contributor
145Version or ii) the combination of Modifications made by that
146Contributor with other software (except as part of the Contributor
147Version) or other devices; or 4) under Patent Claims infringed by
148Covered Code in the absence of Modifications made by that
149Contributor.
150
1513. Distribution Obligations.
152
1533.1. Application of License.
154
155The Modifications which You create or to which You contribute are
156governed by the terms of this License, including without limitation
157Section 2.2. The Source Code version of Covered Code may be
158distributed only under the terms of this License or a future version
159of this License released under Section 6.1, and You must include a
160copy of this License with every copy of the Source Code You
161distribute. You may not offer or impose any terms on any Source Code
162version that alters or restricts the applicable version of this
163License or the recipients` rights hereunder. However, You may include
164an additional document offering the additional rights described in
165Section 3.5.
166
1673.2. Availability of Source Code.
168
169Any Modification which You create or to which You contribute must be
170made available in Source Code form under the terms of this License
171either on the same media as an Executable version or via an accepted
172Electronic Distribution Mechanism to anyone to whom you made an
173Executable version available; and if made available via Electronic
174Distribution Mechanism, must remain available for at least twelve (12)
175months after the date it initially became available, or at least six
176(6) months after a subsequent version of that particular Modification
177has been made available to such recipients. You are responsible for
178ensuring that the Source Code version remains available even if the
179Electronic Distribution Mechanism is maintained by a third party.
180
1813.3. Description of Modifications.
182
183You must cause all Covered Code to which You contribute to contain a
184file documenting the changes You made to create that Covered Code and
185the date of any change. You must include a prominent statement that
186the Modification is derived, directly or indirectly, from Original
187Code provided by the Initial Developer and including the name of the
188Initial Developer in (a) the Source Code, and (b) in any notice in an
189Executable version or related documentation in which You describe the
190origin or ownership of the Covered Code.
191
1923.4. Intellectual Property Matters.
193
194(a) Third Party Claims.
195
196If Contributor has knowledge that a license under a third party`s
197intellectual property rights is required to exercise the rights
198granted by such Contributor under Sections 2.1 or 2.2, Contributor
199must include a text file with the Source Code distribution titled
200"../LEGAL`` which describes the claim and the party making the claim in
201sufficient detail that a recipient will know whom to contact. If
202Contributor obtains such knowledge after the Modification is made
203available as described in Section 3.2, Contributor shall promptly
204modify the LEGAL file in all copies Contributor makes available
205thereafter and shall take other steps (such as notifying appropriate
206mailing lists or newsgroups) reasonably calculated to inform those who
207received the Covered Code that new knowledge has been obtained.
208
209(b) Contributor APIs.
210
211If Contributor`s Modifications include an application programming
212interface ("API"../) and Contributor has knowledge of patent licenses
213which are reasonably necessary to implement that API, Contributor must
214also include this information in the LEGAL file.
215
216(c) Representations.
217
218Contributor represents that, except as disclosed pursuant to Section
2193.4(a) above, Contributor believes that Contributor`s Modifications
220are Contributor`s original creation(s) and/or Contributor has
221sufficient rights to grant the rights conveyed by this
222License
223
224.
225
2263.5. Required Notices.
227
228You must duplicate the notice in Exhibit A in each file of the Source
229Code. If it is not possible to put such notice in a particular Source
230Code file due to its structure, then You must include such notice in a
231location (such as a relevant directory) where a user would be likely
232to look for such a notice. If You created one or more Modification(s)
233You may add your name as a Contributor to the notice described in
234Exhibit A. You must also duplicate this License in any documentation
235for the Source Code where You describe recipients` rights or ownership
236rights relating to Covered Code. You may choose to offer, and to
237charge a fee for, warranty, support, indemnity or liability
238obligations to one or more recipients of Covered Code. However, You
239may do so only on Your own behalf, and not on behalf of the Initial
240Developer or any Contributor. You must make it absolutely clear than
241any such warranty, support, indemnity or liability obligation is
242offered by You alone, and You hereby agree to indemnify the Initial
243Developer and every Contributor for any liability incurred by the
244Initial Developer or such Contributor as a result of warranty,
245support, indemnity or liability terms You offer.
246
2473.6. Distribution of Executable Versions.
248
249You may distribute Covered Code in Executable form only if the
250requirements of Section 3.1-3.5 have been met for that Covered Code,
251and if You include a notice stating that the Source Code version of
252the Covered Code is available under the terms of this License,
253including a description of how and where You have fulfilled the
254obligations of Section 3.2. The notice must be conspicuously included
255in any notice in an Executable version, related documentation or
256collateral in which You describe recipients` rights relating to the
257Covered Code. You may distribute the Executable version of Covered
258Code or ownership rights under a license of Your choice, which may
259contain terms different from this License, provided that You are in
260compliance with the terms of this License and that the license for the
261Executable version does not attempt to limit or alter the recipient`s
262rights in the Source Code version from the rights set forth in this
263License. If You distribute the Executable version under a different
264license You must make it absolutely clear that any terms which differ
265from this License are offered by You alone, not by the Initial
266Developer or any Contributor. You hereby agree to indemnify the
267Initial Developer and every Contributor for any liability incurred by
268the Initial Developer or such Contributor as a result of any such
269terms You offer.
270
2713.7. Larger Works.
272
273You may create a Larger Work by combining Covered Code with other
274code
275not governed by the terms of this License and distribute the Larger
276Work as a single product. In such a case, You must make sure the
277requirements of this License are fulfilled for the Covered Code.
278
2794. Inability to Comply Due to Statute or Regulation.
280
281If it is impossible for You to comply with any of the terms of this
282License with respect to some or all of the Covered Code due to
283statute, judicial order, or regulation then You must: (a) comply with
284the terms of this License to the maximum extent possible; and (b)
285describe the limitations and the code they affect. Such description
286must be included in the LEGAL file described in Section 3.4 and must
287be included with all distributions of the Source Code. Except to the
288extent prohibited by statute or regulation, such description must be
289sufficiently detailed for a recipient of ordinary skill to be able to
290understand it.
291
2925. Application of this License.
293
294This License applies to code to which the Initial Developer has
295attached the notice in Exhibit A and to related Covered Code.
296
2976. Versions of the License.
298
2996.1. New Versions.
300
301Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions
302of the License from time to time. Each version will be given a
303distinguishing version number.
304
3056.2. Effect of New Versions.
306
307Once Covered Code has been published under a particular version of
308the
309License, You may always continue to use it under the terms of that
310version. You may also choose to use such Covered Code under the terms
311of any subsequent version of the License published by Sun. No one
312other than Sun has the right to modify the terms applicable to Covered
313Code created under this License.
314
3156.3. Derivative Works.
316
317If You create or use a modified version of this License (which you
318may
319only do in order to apply it to code which is not already Covered Code
320governed by this License), You must: (a) rename Your license so that
321the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly
322similar phrase do not appear in your license (except to note that your
323license differs from this License) and (b) otherwise make it clear
324that Your version of the license contains terms which differ from the
325Sun Public License. (Filling in the name of the Initial Developer,
326Original Code or Contributor in the notice described in Exhibit A
327shall not of themselves be deemed to be modifications of this
328License.)
329
3307. DISCLAIMER OF WARRANTY.
331
332COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS`` BASIS,
333WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
334WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
335DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
336THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
337IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
338YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
339COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
340OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
341ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
342DISCLAIMER.
343
3448. TERMINATION.
345
3468.1. This License and the rights granted hereunder will terminate
347automatically if You fail to comply with terms herein and fail to cure
348such breach within 30 days of becoming aware of the breach. All
349sublicenses to the Covered Code which are properly granted shall
350survive any termination of this License. Provisions which, by their
351nature, must remain in effect beyond the termination of this License
352shall survive.
353
3548.2. If You initiate litigation by asserting a patent infringement
355claim (excluding declaratory judgment actions) against Initial Developer
356or a Contributor (the Initial Developer or Contributor against whom
357You file such action is referred to as "Participant") alleging
358that:
359
360(a) such Participant`s Contributor Version directly or indirectly
361infringes any patent, then any and all rights granted by such
362Participant to You under Sections 2.1 and/or 2.2 of this License
363shall, upon 60 days notice from Participant terminate prospectively,
364unless if within 60 days after receipt of notice You either: (i)
365agree in writing to pay Participant a mutually agreeable reasonable
366royalty for Your past and future use of Modifications made by such
367Participant, or (ii) withdraw Your litigation claim with respect to
368the Contributor Version against such Participant. If within 60 days
369of notice, a reasonable royalty and payment arrangement are not
370mutually agreed upon in writing by the parties or the litigation claim
371is not withdrawn, the rights granted by Participant to You under
372Sections 2.1 and/or 2.2 automatically terminate at the expiration of
373the 60 day notice period specified above.
374
375(b) any software, hardware, or device, other than such Participant`s
376Contributor Version, directly or indirectly infringes any patent, then
377any rights granted to You by such Participant under Sections 2.1(b)
378and 2.2(b) are revoked effective as of the date You first made, used,
379sold, distributed, or had made, Modifications made by that
380Participant.
381
3828.3. If You assert a patent infringement claim against Participant
383alleging that such Participant`s Contributor Version directly or
384indirectly infringes any patent where such claim is resolved (such as
385by license or settlement) prior to the initiation of patent
386infringement litigation, then the reasonable value of the licenses
387granted by such Participant under Sections 2.1 or 2.2 shall be taken
388into account in determining the amount or value of any payment or
389license.
390
3918.4. In the event of termination under Sections 8.1 or 8.2 above,
392all
393end user license agreements (excluding distributors and resellers)
394which have been validly granted by You or any distributor hereunder
395prior to termination shall survive termination.
396
3979. LIMITATION OF LIABILITY.
398
399UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
400(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
401DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
402OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
403ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
404CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
405WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
406COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
407INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
408LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
409RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
410PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
411EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
412THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
413
41410. U.S. GOVERNMENT END USERS.
415
416The Covered Code is a "commercial item," as that term is defined in
41748
418C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
419and "commercial computer software documentation,"../ as such terms are
420used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
42112.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
422U.S. Government End Users acquire Covered Code with only those rights
423set forth herein.
424
42511. MISCELLANEOUS.
426
427This License represents the complete agreement concerning subject
428matter hereof. If any provision of this License is held to be
429unenforceable, such provision shall be reformed only to the extent
430necessary to make it enforceable. This License shall be governed by
431California law provisions (except to the extent applicable law, if
432any, provides otherwise), excluding its conflict-of-law provisions.
433With respect to disputes in which at least one party is a citizen of,
434or an entity chartered or registered to do business in the United
435States of America, any litigation relating to this License shall be
436subject to the jurisdiction of the Federal Courts of the Northern
437District of California, with venue lying in Santa Clara County,
438California, with the losing party responsible for costs, including
439without limitation, court costs and reasonable attorneys` fees and
440expenses. The application of the United Nations Convention on
441Contracts for the International Sale of Goods is expressly excluded.
442Any law or regulation which provides that the language of a contract
443shall be construed against the drafter shall not apply to this
444License.
445
44612. RESPONSIBILITY FOR CLAIMS.
447
448As between Initial Developer and the Contributors, each party is
449responsible for claims and damages arising, directly or indirectly,
450out of its utilization of rights under this License and You agree to
451work with Initial Developer and Contributors to distribute such
452responsibility on an equitable basis. Nothing herein is intended or
453shall be deemed to constitute any admission of liability.
454
45513. MULTIPLE-LICENSED CODE.
456
457Initial Developer may designate portions of the Covered Code as
458?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial
459Developer permits you to utilize portions of the Covered Code under
460Your choice of the alternative licenses, if any, specified by the
461Initial Developer in the file described in Exhibit A.
462
463Exhibit A -Sun Public License Notice.
464
465The contents of this file are subject to the Sun Public License
466
467Version 1.0 (the License); you may not use this file except in
468
469compliance with the License. A copy of the License is available at
470
471http://www.sun.com/
472
473The Original Code is _________________. The Initial Developer of the
474
475Original Code is ___________. Portions created by ______ are Copyright
476
477(C)_________. All Rights Reserved.
478
479Contributor(s): ______________________________________.
480
481Alternatively, the contents of this file may be used under the terms
482
483of the _____ license (the ?[___] License?), in which case the
484
485provisions of [______] License are applicable instead of those above.
486
487If you wish to allow use of your version of this file only under the
488
489terms of the [____] License and not to allow others to use your
490
491version of this file under the SPL, indicate your decision by deleting
492
493the provisions above and replace them with the notice and other
494
495provisions required by the [___] License. If you do not delete the
496
497provisions above, a recipient may use your version of this file under
498
499either the SPL or the [___] License.
500[NOTE: The text of this Exhibit A may differ slightly from the text of
501
502the notices in the Source Code files of the Original Code. You should
503
504use the text of this Exhibit A rather than the text found in the
505
506Original Code Source Code for Your Modifications.]
507