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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
13Code,
14prior Modifications used by a Contributor, and the Modifications made
15by that particular Contributor.
16
171.3. "Covered Code" means the Original Code or Modifications or the
18combination of the Original Code and Modifications, in each case
19including portions thereof and corresponding documentation released
20with the source code.
21
221.4. "Electronic Distribution Mechanism" means a mechanism generally
23accepted in the software development community for the electronic
24transfer of data.
25
261.5. "Executable" means Covered Code in any form other than Source
27Code.
28
291.6. "Initial Developer" means the individual or entity identified as
30the Initial Developer in the Source Code notice required by Exhibit
31A.
32
331.7. "Larger Work" means a work which combines Covered Code or
34portions thereof with code not governed by the terms of this
35License.
36
371.8. "License" means this document.
38
391.8.1. "Licensable" means having the right to grant, to the maximum
40extent possible, whether at the time of the initial grant or
41subsequently acquired, any and all of the rights conveyed herein.
42
431.9. "Modifications" means any addition to or deletion from the
44substance or structure of either the Original Code or any previous
45Modifications. When Covered Code is released as a series of files, a
46Modification is:
47
48A. Any addition to or deletion from the contents of a file containing
49Original Code or previous Modifications.
50
51B. Any new file that contains any part of the Original Code or
52previous Modifications.
53
541.10. "Original Code"../ means Source Code of computer software code
55which is described in the Source Code notice required by Exhibit A as
56Original Code, and which, at the time of its release under this
57License is not already Covered Code governed by this License.
58
591.10.1. "Patent Claims" means any patent claim(s), now owned or
60hereafter acquired, including without limitation, method, process, and
61apparatus claims, in any patent Licensable by grantor.
62
631.11. "Source Code"../ means the preferred form of the Covered Code
64for
65making modifications to it, including all modules it contains, plus
66any associated documentation, interface definition files, scripts used
67to control compilation and installation of an Executable, or source
68code differential comparisons against either the Original Code or
69another well known, available Covered Code of the Contributor's
70choice. The Source Code can be in a compressed or archival form,
71provided the appropriate decompression or de-archiving software is
72widely available for no charge.
73
741.12. "You" (or "Your") means an individual or a legal
75entity
76exercising rights under, and complying with all of the terms of, this
77License or a future version of this License issued under Section 6.1.
78For legal entities, "You" includes any entity which controls, is
79controlled by, or is under common control with You. For purposes of
80this definition, "control"../ means (a) the power, direct or
81indirect,
82to
83cause the direction or management of such entity, whether by contract
84or otherwise, or (b) ownership of more than fifty percent (50%) of the
85outstanding shares or beneficial ownership of such entity.
86
872. Source Code License.
88
892.1 The Initial Developer Grant.
90
91The Initial Developer hereby grants You a world-wide, royalty-free,
92non-exclusive license, subject to third party intellectual property
93claims:
94
95(a) under intellectual property rights (other than patent or
96trademark) Licensable by Initial Developer to use, reproduce, modify,
97display, perform, sublicense and distribute the Original Code (or
98portions thereof) with or without Modifications, and/or as part of a
99Larger Work; and
100
101(b) under Patent Claims infringed by the making, using or selling of
102Original Code, to make, have made, use, practice, sell, and offer for
103sale, and/or otherwise dispose of the Original Code (or portions
104thereof).
105
106(c) the licenses granted in this Section 2.1(a) and (b) are effective
107on the date Initial Developer first distributes Original Code under
108the terms of this License.
109
110(d) Notwithstanding Section 2.1(b) above, no patent license is
111granted: 1) for code that You delete from the Original Code; 2)
112separate from the Original Code; or 3) for infringements caused
113by:
114
115i) the modification of the Original Code or ii) the combination of the
116Original Code with other software or devices.
117
1182.2. Contributor Grant.
119
120Subject to third party intellectual property claims, each Contributor
121hereby grants You a world-wide, royalty-free, non-exclusive license
122
123(a) under intellectual property rights (other than patent
124or
125trademark) Licensable by Contributor, to use, reproduce, modify,
126display, perform, sublicense and distribute the Modifications created
127by such Contributor (or portions thereof) either on an unmodified
128basis, with other Modifications, as Covered Code and/or as part of a
129Larger Work; and
130
131b) under Patent Claims infringed by the making, using, or selling of
132Modifications made by that Contributor either alone and/or in
133combination with its Contributor Version (or portions of such
134combination), to make, use, sell, offer for sale, have made, and/or
135otherwise dispose of: 1) Modifications made by that Contributor (or
136portions thereof); and 2) the combination of Modifications made by
137that Contributor with its Contributor Version (or portions of such
138combination).
139
140(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
141on the date Contributor first makes Commercial Use of the Covered
142Code.
143
144(d) notwithstanding Section 2.2(b) above, no patent license is
145granted: 1) for any code that Contributor has deleted from the
146Contributor Version; 2) separate from the Contributor Version; 3) for
147infringements caused by: i) third party modifications of Contributor
148Version or ii) the combination of Modifications made by that
149Contributor with other software (except as part of the Contributor
150Version) or other devices; or 4) under Patent Claims infringed by
151Covered Code in the absence of Modifications made by that
152Contributor.
153
1543. Distribution Obligations.
155
1563.1. Application of License.
157
158The Modifications which You create or to which You contribute are
159governed by the terms of this License, including without limitation
160Section 2.2. The Source Code version of Covered Code may be
161distributed only under the terms of this License or a future version
162of this License released under Section 6.1, and You must include a
163copy of this License with every copy of the Source Code You
164distribute. You may not offer or impose any terms on any Source Code
165version that alters or restricts the applicable version of this
166License or the recipients' rights hereunder. However, You may include
167an additional document offering the additional rights described in
168Section 3.5.
169
1703.2. Availability of Source Code.
171
172Any Modification which You create or to which You contribute must be
173made available in Source Code form under the terms of this License
174either on the same media as an Executable version or via an accepted
175Electronic Distribution Mechanism to anyone to whom you made an
176Executable version available; and if made available via Electronic
177Distribution Mechanism, must remain available for at least twelve (12)
178months after the date it initially became available, or at least six
179(6) months after a subsequent version of that particular Modification
180has been made available to such recipients. You are responsible for
181ensuring that the Source Code version remains available even if the
182Electronic Distribution Mechanism is maintained by a third party.
183
1843.3. Description of Modifications.
185
186You must cause all Covered Code to which You contribute to contain a
187file documenting the changes You made to create that Covered Code and
188the date of any change. You must include a prominent statement that
189the Modification is derived, directly or indirectly, from Original
190Code provided by the Initial Developer and including the name of the
191Initial Developer in (a) the Source Code, and (b) in any notice in an
192Executable version or related documentation in which You describe the
193origin or ownership of the Covered Code.
194
1953.4. Intellectual Property Matters.
196
197(a) Third Party Claims.
198
199If Contributor has knowledge that a license under a third party's
200intellectual property rights is required to exercise the rights
201granted by such Contributor under Sections 2.1 or 2.2, Contributor
202must include a text file with the Source Code distribution titled
203"../LEGAL'' which describes the claim and the party making the claim in
204sufficient detail that a recipient will know whom to contact. If
205Contributor obtains such knowledge after the Modification is made
206available as described in Section 3.2, Contributor shall promptly
207modify the LEGAL file in all copies Contributor makes available
208thereafter and shall take other steps (such as notifying appropriate
209mailing lists or newsgroups) reasonably calculated to inform those who
210received the Covered Code that new knowledge has been obtained.
211
212(b) Contributor APIs.
213
214If Contributor's Modifications include an application programming
215interface ("API"../) and Contributor has knowledge of patent licenses
216which are reasonably necessary to implement that API, Contributor must
217also include this information in the LEGAL file.
218
219(c) Representations.
220
221Contributor represents that, except as disclosed pursuant to Section
2223.4(a) above, Contributor believes that Contributor's Modifications
223are Contributor's original creation(s) and/or Contributor has
224sufficient rights to grant the rights conveyed by this
225License
226
227.
228
2293.5. Required Notices.
230
231You must duplicate the notice in Exhibit A in each file of the Source
232Code. If it is not possible to put such notice in a particular Source
233Code file due to its structure, then You must include such notice in a
234location (such as a relevant directory) where a user would be likely
235to look for such a notice. If You created one or more Modification(s)
236You may add your name as a Contributor to the notice described in
237Exhibit A. You must also duplicate this License in any documentation
238for the Source Code where You describe recipients' rights or ownership
239rights relating to Covered Code. You may choose to offer, and to
240charge a fee for, warranty, support, indemnity or liability
241obligations to one or more recipients of Covered Code. However, You
242may do so only on Your own behalf, and not on behalf of the Initial
243Developer or any Contributor. You must make it absolutely clear than
244any such warranty, support, indemnity or liability obligation is
245offered by You alone, and You hereby agree to indemnify the Initial
246Developer and every Contributor for any liability incurred by the
247Initial Developer or such Contributor as a result of warranty,
248support, indemnity or liability terms You offer.
249
2503.6. Distribution of Executable Versions.
251
252You may distribute Covered Code in Executable form only if the
253requirements of Section 3.1-3.5 have been met for that Covered Code,
254and if You include a notice stating that the Source Code version of
255the Covered Code is available under the terms of this License,
256including a description of how and where You have fulfilled the
257obligations of Section 3.2. The notice must be conspicuously included
258in any notice in an Executable version, related documentation or
259collateral in which You describe recipients' rights relating to the
260Covered Code. You may distribute the Executable version of Covered
261Code or ownership rights under a license of Your choice, which may
262contain terms different from this License, provided that You are in
263compliance with the terms of this License and that the license for the
264Executable version does not attempt to limit or alter the recipient's
265rights in the Source Code version from the rights set forth in this
266License. If You distribute the Executable version under a different
267license You must make it absolutely clear that any terms which differ
268from this License are offered by You alone, not by the Initial
269Developer or any Contributor. You hereby agree to indemnify the
270Initial Developer and every Contributor for any liability incurred by
271the Initial Developer or such Contributor as a result of any such
272terms You offer.
273
2743.7. Larger Works.
275
276You may create a Larger Work by combining Covered Code with other
277code
278not governed by the terms of this License and distribute the Larger
279Work as a single product. In such a case, You must make sure the
280requirements of this License are fulfilled for the Covered Code.
281
2824. Inability to Comply Due to Statute or Regulation.
283
284If it is impossible for You to comply with any of the terms of this
285License with respect to some or all of the Covered Code due to
286statute, judicial order, or regulation then You must: (a) comply with
287the terms of this License to the maximum extent possible; and (b)
288describe the limitations and the code they affect. Such description
289must be included in the LEGAL file described in Section 3.4 and must
290be included with all distributions of the Source Code. Except to the
291extent prohibited by statute or regulation, such description must be
292sufficiently detailed for a recipient of ordinary skill to be able to
293understand it.
294
2955. Application of this License.
296
297This License applies to code to which the Initial Developer has
298attached the notice in Exhibit A and to related Covered Code.
299
3006. Versions of the License.
301
3026.1. New Versions.
303
304Sun Microsystems, Inc. ("Sun") may publish revised and/or new
305versions
306of the License from time to time. Each version will be given a
307distinguishing version number.
308
3096.2. Effect of New Versions.
310
311Once Covered Code has been published under a particular version of
312the
313License, You may always continue to use it under the terms of that
314version. You may also choose to use such Covered Code under the terms
315of any subsequent version of the License published by Sun. No one
316other than Sun has the right to modify the terms applicable to Covered
317Code created under this License.
318
3196.3. Derivative Works.
320
321If You create or use a modified version of this License (which you
322may
323only do in order to apply it to code which is not already Covered Code
324governed by this License), You must: (a) rename Your license so that
325the phrases "Sun," "Sun Public License," or
326"SPL"../ or any confusingly
327similar phrase do not appear in your license (except to note that your
328license differs from this License) and (b) otherwise make it clear
329that Your version of the license contains terms which differ from the
330Sun Public License. (Filling in the name of the Initial Developer,
331Original Code or Contributor in the notice described in Exhibit A
332shall not of themselves be deemed to be modifications of this
333License.)
334
3357. DISCLAIMER OF WARRANTY.
336
337COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS,
338WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
339WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
340DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
341THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
342IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
343YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
344COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
345OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
346ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
347DISCLAIMER.
348
3498. TERMINATION.
350
3518.1. This License and the rights granted hereunder will terminate
352automatically if You fail to comply with terms herein and fail to cure
353such breach within 30 days of becoming aware of the breach. All
354sublicenses to the Covered Code which are properly granted shall
355survive any termination of this License. Provisions which, by their
356nature, must remain in effect beyond the termination of this License
357shall survive.
358
3598.2. If You initiate litigation by asserting a patent infringement
360claim (excluding declaratory judgment actions) against Initial Developer
361or a Contributor (the Initial Developer or Contributor against whom
362You file such action is referred to as "Participant") alleging
363that:
364
365(a) such Participant's Contributor Version directly or indirectly
366infringes any patent, then any and all rights granted by such
367Participant to You under Sections 2.1 and/or 2.2 of this License
368shall, upon 60 days notice from Participant terminate prospectively,
369unless if within 60 days after receipt of notice You either: (i)
370agree in writing to pay Participant a mutually agreeable reasonable
371royalty for Your past and future use of Modifications made by such
372Participant, or (ii) withdraw Your litigation claim with respect to
373the Contributor Version against such Participant. If within 60 days
374of notice, a reasonable royalty and payment arrangement are not
375mutually agreed upon in writing by the parties or the litigation claim
376is not withdrawn, the rights granted by Participant to You under
377Sections 2.1 and/or 2.2 automatically terminate at the expiration of
378the 60 day notice period specified above.
379
380(b) any software, hardware, or device, other than such Participant's
381Contributor Version, directly or indirectly infringes any patent, then
382any rights granted to You by such Participant under Sections 2.1(b)
383and 2.2(b) are revoked effective as of the date You first made, used,
384sold, distributed, or had made, Modifications made by that
385Participant.
386
3878.3. If You assert a patent infringement claim against Participant
388alleging that such Participant's Contributor Version directly or
389indirectly infringes any patent where such claim is resolved (such as
390by license or settlement) prior to the initiation of patent
391infringement litigation, then the reasonable value of the licenses
392granted by such Participant under Sections 2.1 or 2.2 shall be taken
393into account in determining the amount or value of any payment or
394license.
395
3968.4. In the event of termination under Sections 8.1 or 8.2 above,
397all
398end user license agreements (excluding distributors and resellers)
399which have been validly granted by You or any distributor hereunder
400prior to termination shall survive termination.
401
4029. LIMITATION OF LIABILITY.
403
404UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
405(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
406DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
407OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
408ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
409CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
410WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
411COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
412INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
413LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
414RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
415PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
416EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
417THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
418
41910. U.S. GOVERNMENT END USERS.
420
421The Covered Code is a "commercial item," as that term is defined in
42248
423C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
424software"
425and "commercial computer software documentation,"../ as such terms
426are
427used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
42812.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
429U.S. Government End Users acquire Covered Code with only those rights
430set forth herein.
431
43211. MISCELLANEOUS.
433
434This License represents the complete agreement concerning subject
435matter hereof. If any provision of this License is held to be
436unenforceable, such provision shall be reformed only to the extent
437necessary to make it enforceable. This License shall be governed by
438California law provisions (except to the extent applicable law, if
439any, provides otherwise), excluding its conflict-of-law provisions.
440With respect to disputes in which at least one party is a citizen of,
441or an entity chartered or registered to do business in the United
442States of America, any litigation relating to this License shall be
443subject to the jurisdiction of the Federal Courts of the Northern
444District of California, with venue lying in Santa Clara County,
445California, with the losing party responsible for costs, including
446without limitation, court costs and reasonable attorneys' fees and
447expenses. The application of the United Nations Convention on
448Contracts for the International Sale of Goods is expressly excluded.
449Any law or regulation which provides that the language of a contract
450shall be construed against the drafter shall not apply to this
451License.
452
45312. RESPONSIBILITY FOR CLAIMS.
454
455As between Initial Developer and the Contributors, each party is
456responsible for claims and damages arising, directly or indirectly,
457out of its utilization of rights under this License and You agree to
458work with Initial Developer and Contributors to distribute such
459responsibility on an equitable basis. Nothing herein is intended or
460shall be deemed to constitute any admission of liability.
461
46213. MULTIPLE-LICENSED CODE.
463
464Initial Developer may designate portions of the Covered Code as
465?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial
466Developer permits you to utilize portions of the Covered Code under
467Your choice of the alternative licenses, if any, specified by the
468Initial Developer in the file described in Exhibit A.
469
470Exhibit A -Sun Public License Notice.
471
472The contents of this file are subject to the Sun Public License
473
474Version 1.0 (the License); you may not use this file except in
475
476compliance with the License. A copy of the License is available at
477
478http://www.sun.com/
479
480The Original Code is _________________. The Initial Developer of the
481
482Original Code is ___________. Portions created by ______ are Copyright
483
484(C)_________. All Rights Reserved.
485
486Contributor(s): ______________________________________.
487
488Alternatively, the contents of this file may be used under the terms
489
490of the _____ license (the ?[___] License?), in which case the
491
492provisions of [______] License are applicable instead of those above.
493
494If you wish to allow use of your version of this file only under the
495
496terms of the [____] License and not to allow others to use your
497
498version of this file under the SPL, indicate your decision by deleting
499
500the provisions above and replace them with the notice and other
501
502provisions required by the [___] License. If you do not delete the
503
504provisions above, a recipient may use your version of this file under
505
506either the SPL or the [___] License.
507[NOTE: The text of this Exhibit A may differ slightly from the text of
508
509the notices in the Source Code files of the Original Code. You should
510
511use the text of this Exhibit A rather than the text found in the
512
513Original Code Source Code for Your Modifications.]
514
515
516
517
518
519