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-CUA Office Public License Version 1.0
-(plain text)
-1. Definitions.
-1.0.1. "Commercial Use" means distribution or otherwise making the
-Covered Code available to a third party.
-1.1. "Contributor" means each entity that creates or contributes to
-the creation of Modifications.
-1.2. "Contributor Version" means the combination of the Original
-Code, prior Modifications used by a Contributor, and the Modifications
-made by that particular Contributor.
-1.3. "Covered Code" means the Original Code or Modifications or the
-combination of the Original Code and Modifications, in each case
-including portions thereof.
-1.4. "Electronic Distribution Mechanism" means a mechanism generally
-accepted in the software development community for the electronic
-transfer of data.
-1.5. "Executable" means Covered Code in any form other than Source
-Code.
-1.6. "Initial Developer" means the individual or entity identified
-as the Initial Developer in the Source Code notice required by Exhibit
-A.
-1.7. "Larger Work" means a work which combines Covered Code or
-portions thereof with code not governed by the terms of this License.
-1.8. "License" means this document.
-1.8.1. "Licensable" means having the right to grant, to the maximum
-extent possible, whether at the time of the initial grant or
-subsequently acquired, any and all of the rights conveyed herein.
-1.9. "Modifications" means any addition to or deletion from the
-substance or structure of either the Original Code or any previous
-Modifications. When Covered Code is released as a series of files, a
-Modification is:
-A. Any addition to or deletion from the contents of a file
-containing Original Code or previous Modifications.
-B. Any new file that contains any part of the Original Code or
-previous Modifications.
-1.10. "Original Code" means Source Code of computer software code
-which is described in the Source Code notice required by Exhibit A as
-Original Code, and which, at the time of its release under this
-License is not already Covered Code governed by this License.
-1.10.1. "Patent Claims" means any patent claim(s), now owned or
-hereafter acquired, including without limitation, method, process,
-and apparatus claims, in any patent Licensable by grantor.
-1.11. "Source Code" means the preferred form of the Covered Code for
-making modifications to it, including all modules it contains, plus
-any associated interface definition files, scripts used to control
-compilation and installation of an Executable, or source code
-differential comparisons against either the Original Code or another
-well known, available Covered Code of the Contributor's choice. The
-Source Code can be in a compressed or archival form, provided the
-appropriate decompression or de-archiving software is widely available
-for no charge.
-1.12. "You" (or "Your") means an individual or a legal
-entity
-exercising rights under, and complying with all of the terms of, this
-License or a future version of this License issued under Section 6.1.
-For legal entities, "You" includes any entity which controls, is
-controlled by, or is under common control with You. For purposes of
-this definition, "control" means (a) the power, direct or indirect,
-to cause the direction or management of such entity, whether by
-contract or otherwise, or (b) ownership of more than fifty percent
-(50%) of the outstanding shares or beneficial ownership of such
-entity.
-2. Source Code License.
-2.1. The Initial Developer Grant.
-The Initial Developer hereby grants You a world-wide, royalty-free,
-non-exclusive license, subject to third party intellectual property
-claims:
-(a) under intellectual property rights (other than patent or
-trademark) Licensable by Initial Developer to use, reproduce,
-modify, display, perform, sublicense and distribute the Original
-Code (or portions thereof) with or without Modifications, and/or
-as part of a Larger Work; and
-(b) under Patents Claims infringed by the making, using or
-selling of Original Code, to make, have made, use, practice,
-sell, and offer for sale, and/or otherwise dispose of the
-Original Code (or portions thereof).
-(c) the licenses granted in this Section 2.1(a) and (b) are
-effective on the date Initial Developer first distributes
-Original Code under the terms of this License.
-(d) Notwithstanding Section 2.1(b) above, no patent license is
-granted: 1) for code that You delete from the Original Code; 2)
-separate from the Original Code; or 3) for infringements caused
-by: i) the modification of the Original Code or ii) the
-combination of the Original Code with other software or devices.
-2.2. Contributor Grant.
-Subject to third party intellectual property claims, each Contributor
-hereby grants You a world-wide, royalty-free, non-exclusive license
-(a) under intellectual property rights (other than patent or
-trademark) Licensable by Contributor, to use, reproduce, modify,
-display, perform, sublicense and distribute the Modifications
-created by such Contributor (or portions thereof) either on an
-unmodified basis, with other Modifications, as Covered Code
-and/or as part of a Larger Work; and
-(b) under Patent Claims infringed by the making, using, or
-selling of Modifications made by that Contributor either alone
-and/or in combination with its Contributor Version (or portions
-of such combination), to make, use, sell, offer for sale, have
-made, and/or otherwise dispose of: 1) Modifications made by that
-Contributor (or portions thereof); and 2) the combination of
-Modifications made by that Contributor with its Contributor
-Version (or portions of such combination).
-(c) the licenses granted in Sections 2.2(a) and 2.2(b) are
-effective on the date Contributor first makes Commercial Use of
-the Covered Code.
-(d) Notwithstanding Section 2.2(b) above, no patent license is
-granted: 1) for any code that Contributor has deleted from the
-Contributor Version; 2) separate from the Contributor Version;
-3) for infringements caused by: i) third party modifications of
-Contributor Version or ii) the combination of Modifications made
-by that Contributor with other software (except as part of the
-Contributor Version) or other devices; or 4) under Patent Claims
-infringed by Covered Code in the absence of Modifications made by
-that Contributor.
-3. Distribution Obligations.
-3.1. Application of License.
-The Modifications which You create or to which You contribute are
-governed by the terms of this License, including without limitation
-Section 2.2. The Source Code version of Covered Code may be
-distributed only under the terms of this License or a future version
-of this License released under Section 6.1, and You must include a
-copy of this License with every copy of the Source Code You
-distribute. You may not offer or impose any terms on any Source Code
-version that alters or restricts the applicable version of this
-License or the recipients' rights hereunder. However, You may include
-an additional document offering the additional rights described in
-Section 3.5.
-3.2. Availability of Source Code.
-Any Modification which You create or to which You contribute must be
-made available in Source Code form under the terms of this License
-either on the same media as an Executable version or via an accepted
-Electronic Distribution Mechanism to anyone to whom you made an
-Executable version available; and if made available via Electronic
-Distribution Mechanism, must remain available for at least twelve (12)
-months after the date it initially became available, or at least six
-(6) months after a subsequent version of that particular Modification
-has been made available to such recipients. You are responsible for
-ensuring that the Source Code version remains available even if the
-Electronic Distribution Mechanism is maintained by a third party.
-3.3. Description of Modifications.
-You must cause all Covered Code to which You contribute to contain a
-file documenting the changes You made to create that Covered Code and
-the date of any change. You must include a prominent statement that
-the Modification is derived, directly or indirectly, from Original
-Code provided by the Initial Developer and including the name of the
-Initial Developer in (a) the Source Code, and (b) in any notice in an
-Executable version or related documentation in which You describe the
-origin or ownership of the Covered Code.
-3.4. Intellectual Property Matters
-(a) Third Party Claims.
-If Contributor has knowledge that a license under a third party's
-intellectual property rights is required to exercise the rights
-granted by such Contributor under Sections 2.1 or 2.2,
-Contributor must include a text file with the Source Code
-distribution titled "LEGAL" which describes the claim and the
-party making the claim in sufficient detail that a recipient will
-know whom to contact. If Contributor obtains such knowledge after
-the Modification is made available as described in Section 3.2,
-Contributor shall promptly modify the LEGAL file in all copies
-Contributor makes available thereafter and shall take other steps
-(such as notifying appropriate mailing lists or newsgroups)
-reasonably calculated to inform those who received the Covered
-Code that new knowledge has been obtained.
-(b) Contributor APIs.
-If Contributor's Modifications include an application programming
-interface and Contributor has knowledge of patent licenses which
-are reasonably necessary to implement that API, Contributor must
-also include this information in the LEGAL file.
-(c) Representations.
-Contributor represents that, except as disclosed pursuant to
-Section 3.4(a) above, Contributor believes that Contributor's
-Modifications are Contributor's original creation(s) and/or
-Contributor has sufficient rights to grant the rights conveyed by
-this License.
-3.5. Required Notices.
-You must duplicate the notice in Exhibit A in each file of the Source
-Code. If it is not possible to put such notice in a particular Source
-Code file due to its structure, then You must include such notice in a
-location (such as a relevant directory) where a user would be likely
-to look for such a notice. If You created one or more Modification(s)
-You may add your name as a Contributor to the notice described in
-Exhibit A. You must also duplicate this License in any documentation
-for the Source Code where You describe recipients' rights or ownership
-rights relating to Covered Code. You may choose to offer, and to
-charge a fee for, warranty, support, indemnity or liability
-obligations to one or more recipients of Covered Code. However, You
-may do so only on Your own behalf, and not on behalf of the Initial
-Developer or any Contributor. You must make it absolutely clear than
-any such warranty, support, indemnity or liability obligation is
-offered by You alone, and You hereby agree to indemnify the Initial
-Developer and every Contributor for any liability incurred by the
-Initial Developer or such Contributor as a result of warranty,
-support, indemnity or liability terms You offer.
-3.6. Distribution of Executable Versions.
-You may distribute Covered Code in Executable form only if the
-requirements of Section 3.1-3.5 have been met for that Covered Code,
-and if You include a notice stating that the Source Code version of
-the Covered Code is available under the terms of this License,
-including a description of how and where You have fulfilled the
-obligations of Section 3.2. The notice must be conspicuously included
-in any notice in an Executable version, related documentation or
-collateral in which You describe recipients' rights relating to the
-Covered Code. You may distribute the Executable version of Covered
-Code or ownership rights under a license of Your choice, which may
-contain terms different from this License, provided that You are in
-compliance with the terms of this License and that the license for the
-Executable version does not attempt to limit or alter the recipient's
-rights in the Source Code version from the rights set forth in this
-License. If You distribute the Executable version under a different
-license You must make it absolutely clear that any terms which differ
-from this License are offered by You alone, not by the Initial
-Developer or any Contributor. You hereby agree to indemnify the
-Initial Developer and every Contributor for any liability incurred by
-the Initial Developer or such Contributor as a result of any such
-terms You offer.
-3.7. Larger Works.
-You may create a Larger Work by combining Covered Code with other code
-not governed by the terms of this License and distribute the Larger
-Work as a single product. In such a case, You must make sure the
-requirements of this License are fulfilled for the Covered Code.
-4. Inability to Comply Due to Statute or Regulation.
-If it is impossible for You to comply with any of the terms of this
-License with respect to some or all of the Covered Code due to
-statute, judicial order, or regulation then You must: (a) comply with
-the terms of this License to the maximum extent possible; and (b)
-describe the limitations and the code they affect. Such description
-must be included in the LEGAL file described in Section 3.4 and must
-be included with all distributions of the Source Code. Except to the
-extent prohibited by statute or regulation, such description must be
-sufficiently detailed for a recipient of ordinary skill to be able to
-understand it.
-5. Application of this License.
-This License applies to code to which the Initial Developer has
-attached the notice in Exhibit A and to related Covered Code.
-6. Versions of the License.
-6.1. New Versions.
-CUA Office Project may publish revised
-and/or new versions of the License from time to time. Each version
-will be given a distinguishing version number.
-6.2. Effect of New Versions.
-Once Covered Code has been published under a particular version of the
-License, You may always continue to use it under the terms of that
-version. You may also choose to use such Covered Code under the terms
-of any subsequent version of the License published by CUA Office Project. No
-one
-other than CUA Office Project has the right to modify the terms applicable to
-Covered Code created under this License.
-6.3. Derivative Works.
-If You create or use a modified version of this License (which you may
-only do in order to apply it to code which is not already Covered Code
-governed by this License), You must (a) rename Your license so that
-the phrases "CUA Office", "CUA", "CUAPL", or any
-confusingly similar phrase do not appear in your
-license (except to note that your license differs from this License)
-and (b) otherwise make it clear that Your version of the license
-contains terms which differ from the CUA Office Public License. (Filling in the
-name of the Initial
-Developer, Original Code or Contributor in the notice described in
-Exhibit A shall not of themselves be deemed to be modifications of
-this License.)
-7. DISCLAIMER OF WARRANTY.
-COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
-WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
-WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
-DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
-THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE
-IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT,
-YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE
-COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
-OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
-ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-8. TERMINATION.
-8.1. This License and the rights granted hereunder will terminate
-automatically if You fail to comply with terms herein and fail to cure
-such breach within 30 days of becoming aware of the breach. All
-sublicenses to the Covered Code which are properly granted shall
-survive any termination of this License. Provisions which, by their
-nature, must remain in effect beyond the termination of this License
-shall survive.
-8.2. If You initiate litigation by asserting a patent infringement
-claim (excluding declatory judgment actions) against Initial Developer
-or a Contributor (the Initial Developer or Contributor against whom
-You file such action is referred to as "Participant") alleging that:
-(a) such Participant's Contributor Version directly or indirectly
-infringes any patent, then any and all rights granted by such
-Participant to You under Sections 2.1 and/or 2.2 of this License
-shall, upon 60 days notice from Participant terminate prospectively,
-unless if within 60 days after receipt of notice You either: (i)
-agree in writing to pay Participant a mutually agreeable reasonable
-royalty for Your past and future use of Modifications made by such
-Participant, or (ii) withdraw Your litigation claim with respect to
-the Contributor Version against such Participant. If within 60 days
-of notice, a reasonable royalty and payment arrangement are not
-mutually agreed upon in writing by the parties or the litigation claim
-is not withdrawn, the rights granted by Participant to You under
-Sections 2.1 and/or 2.2 automatically terminate at the expiration of
-the 60 day notice period specified above.
-(b) any software, hardware, or device, other than such Participant's
-Contributor Version, directly or indirectly infringes any patent, then
-any rights granted to You by such Participant under Sections 2.1(b)
-and 2.2(b) are revoked effective as of the date You first made, used,
-sold, distributed, or had made, Modifications made by that
-Participant.
-8.3. If You assert a patent infringement claim against Participant
-alleging that such Participant's Contributor Version directly or
-indirectly infringes any patent where such claim is resolved (such as
-by license or settlement) prior to the initiation of patent
-infringement litigation, then the reasonable value of the licenses
-granted by such Participant under Sections 2.1 or 2.2 shall be taken
-into account in determining the amount or value of any payment or
-license.
-8.4. In the event of termination under Sections 8.1 or 8.2 above,
-all end user license agreements (excluding distributors and resellers)
-which have been validly granted by You or any distributor hereunder
-prior to termination shall survive termination.
-9. LIMITATION OF LIABILITY.
-UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
-(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
-DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE,
-OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
-ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
-CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
-WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
-COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
-INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
-LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
-RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
-PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
-EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
-THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-10. U.S. GOVERNMENT END USERS.
-The Covered Code is a "commercial item," as that term is defined in
-48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
-software" and "commercial computer software documentation," as
-such
-terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48
-C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),
-all U.S. Government End Users acquire Covered Code with only those
-rights set forth herein.
-11. MISCELLANEOUS.
-This License represents the complete agreement concerning subject
-matter hereof. If any provision of this License is held to be
-unenforceable, such provision shall be reformed only to the extent
-necessary to make it enforceable. This License shall be governed by
-California law provisions (except to the extent applicable law, if
-any, provides otherwise), excluding its conflict-of-law provisions.
-With respect to disputes in which at least one party is a citizen of,
-or an entity chartered or registered to do business in the United
-States of America, any litigation relating to this License shall be
-subject to the jurisdiction of the Federal Courts of the Northern
-District of California, with venue lying in Santa Clara County,
-California, with the losing party responsible for costs, including
-without limitation, court costs and reasonable attorneys' fees and
-expenses. The application of the United Nations Convention on
-Contracts for the International Sale of Goods is expressly excluded.
-Any law or regulation which provides that the language of a contract
-shall be construed against the drafter shall not apply to this
-License.
-12. RESPONSIBILITY FOR CLAIMS.
-As between Initial Developer and the Contributors, each party is
-responsible for claims and damages arising, directly or indirectly,
-out of its utilization of rights under this License and You agree to
-work with Initial Developer and Contributors to distribute such
-responsibility on an equitable basis. Nothing herein is intended or
-shall be deemed to constitute any admission of liability.
-13. MULTIPLE-LICENSED CODE.
-Initial Developer may designate portions of the Covered Code as
-"Multiple-Licensed". "Multiple-Licensed" means that the
-Initial
-Developer permits you to utilize portions of the Covered Code under
-Your choice of the NPL or the alternative licenses, if any, specified
-by the Initial Developer in the file described in Exhibit A.
-EXHIBIT A - CUA Office Public License.
-``The contents of this file are subject to the CUA Office Public License
-Version 1.0 (the "License"); you may not use this file except in
-compliance with the License. You may obtain a copy of the License at
-http://cuaoffice.sourceforge.net/
-Software distributed under the License is distributed on an "AS IS"
-basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the
-License for the specific language governing rights and limitations
-under the License.
-The Original Code is ______________________________________.
-The Initial Developer of the Original Code is ________________________.
-Portions created by ______________________ are Copyright (C) ______
-_______________________. All Rights Reserved.
-Contributor(s): ______________________________________.
-Alternatively, the contents of this file may be used under the terms
-of the _____ license (the "[___] License"), in which case the
-provisions of [______] License are applicable instead of those
-above. If you wish to allow use of your version of this file only
-under the terms of the [____] License and not to allow others to use
-your version of this file under the CUAPL, indicate your decision by
-deleting the provisions above and replace them with the notice and
-other provisions required by the [___] License. If you do not delete
-the provisions above, a recipient may use your version of this file
-under either the CUAPL or the [___] License."
-[NOTE: The text of this Exhibit A may differ slightly from the text of
-the notices in the Source Code files of the Original Code. You should
-use the text of this Exhibit A rather than the text found in the
-Original Code Source Code for Your Modifications.]