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| 1 | |||
| 2 | SUN PUBLIC LICENSE Version 1.0 | ||
| 3 | |||
| 4 | 1. Definitions. | ||
| 5 | |||
| 6 | 1.0.1. "Commercial Use" means distribution or otherwise making the | ||
| 7 | Covered Code available to a third party. | ||
| 8 | |||
| 9 | 1.1. "Contributor" means each entity that creates or contributes to | ||
| 10 | the creation of Modifications. | ||
| 11 | |||
| 12 | 1.2. "Contributor Version" means the combination of the Original | ||
| 13 | Code, | ||
| 14 | prior Modifications used by a Contributor, and the Modifications made | ||
| 15 | by that particular Contributor. | ||
| 16 | |||
| 17 | 1.3. "Covered Code" means the Original Code or Modifications or the | ||
| 18 | combination of the Original Code and Modifications, in each case | ||
| 19 | including portions thereof and corresponding documentation released | ||
| 20 | with the source code. | ||
| 21 | |||
| 22 | 1.4. "Electronic Distribution Mechanism" means a mechanism generally | ||
| 23 | accepted in the software development community for the electronic | ||
| 24 | transfer of data. | ||
| 25 | |||
| 26 | 1.5. "Executable" means Covered Code in any form other than Source | ||
| 27 | Code. | ||
| 28 | |||
| 29 | 1.6. "Initial Developer" means the individual or entity identified as | ||
| 30 | the Initial Developer in the Source Code notice required by Exhibit | ||
| 31 | A. | ||
| 32 | |||
| 33 | 1.7. "Larger Work" means a work which combines Covered Code or | ||
| 34 | portions thereof with code not governed by the terms of this | ||
| 35 | License. | ||
| 36 | |||
| 37 | 1.8. "License" means this document. | ||
| 38 | |||
| 39 | 1.8.1. "Licensable" means having the right to grant, to the maximum | ||
| 40 | extent possible, whether at the time of the initial grant or | ||
| 41 | subsequently acquired, any and all of the rights conveyed herein. | ||
| 42 | |||
| 43 | 1.9. "Modifications" means any addition to or deletion from the | ||
| 44 | substance or structure of either the Original Code or any previous | ||
| 45 | Modifications. When Covered Code is released as a series of files, a | ||
| 46 | Modification is: | ||
| 47 | |||
| 48 | A. Any addition to or deletion from the contents of a file containing | ||
| 49 | Original Code or previous Modifications. | ||
| 50 | |||
| 51 | B. Any new file that contains any part of the Original Code or | ||
| 52 | previous Modifications. | ||
| 53 | |||
| 54 | 1.10. "Original Code"../ means Source Code of computer software code | ||
| 55 | which is described in the Source Code notice required by Exhibit A as | ||
| 56 | Original Code, and which, at the time of its release under this | ||
| 57 | License is not already Covered Code governed by this License. | ||
| 58 | |||
| 59 | 1.10.1. "Patent Claims" means any patent claim(s), now owned or | ||
| 60 | hereafter acquired, including without limitation, method, process, and | ||
| 61 | apparatus claims, in any patent Licensable by grantor. | ||
| 62 | |||
| 63 | 1.11. "Source Code"../ means the preferred form of the Covered Code | ||
| 64 | for | ||
| 65 | making modifications to it, including all modules it contains, plus | ||
| 66 | any associated documentation, interface definition files, scripts used | ||
| 67 | to control compilation and installation of an Executable, or source | ||
| 68 | code differential comparisons against either the Original Code or | ||
| 69 | another well known, available Covered Code of the Contributor's | ||
| 70 | choice. The Source Code can be in a compressed or archival form, | ||
| 71 | provided the appropriate decompression or de-archiving software is | ||
| 72 | widely available for no charge. | ||
| 73 | |||
| 74 | 1.12. "You" (or "Your") means an individual or a legal | ||
| 75 | entity | ||
| 76 | exercising rights under, and complying with all of the terms of, this | ||
| 77 | License or a future version of this License issued under Section 6.1. | ||
| 78 | For legal entities, "You" includes any entity which controls, is | ||
| 79 | controlled by, or is under common control with You. For purposes of | ||
| 80 | this definition, "control"../ means (a) the power, direct or | ||
| 81 | indirect, | ||
| 82 | to | ||
| 83 | cause the direction or management of such entity, whether by contract | ||
| 84 | or otherwise, or (b) ownership of more than fifty percent (50%) of the | ||
| 85 | outstanding shares or beneficial ownership of such entity. | ||
| 86 | |||
| 87 | 2. Source Code License. | ||
| 88 | |||
| 89 | 2.1 The Initial Developer Grant. | ||
| 90 | |||
| 91 | The Initial Developer hereby grants You a world-wide, royalty-free, | ||
| 92 | non-exclusive license, subject to third party intellectual property | ||
| 93 | claims: | ||
| 94 | |||
| 95 | (a) under intellectual property rights (other than patent or | ||
| 96 | trademark) Licensable by Initial Developer to use, reproduce, modify, | ||
| 97 | display, perform, sublicense and distribute the Original Code (or | ||
| 98 | portions thereof) with or without Modifications, and/or as part of a | ||
| 99 | Larger Work; and | ||
| 100 | |||
| 101 | (b) under Patent Claims infringed by the making, using or selling of | ||
| 102 | Original Code, to make, have made, use, practice, sell, and offer for | ||
| 103 | sale, and/or otherwise dispose of the Original Code (or portions | ||
| 104 | thereof). | ||
| 105 | |||
| 106 | (c) the licenses granted in this Section 2.1(a) and (b) are effective | ||
| 107 | on the date Initial Developer first distributes Original Code under | ||
| 108 | the terms of this License. | ||
| 109 | |||
| 110 | (d) Notwithstanding Section 2.1(b) above, no patent license is | ||
| 111 | granted: 1) for code that You delete from the Original Code; 2) | ||
| 112 | separate from the Original Code; or 3) for infringements caused | ||
| 113 | by: | ||
| 114 | |||
| 115 | i) the modification of the Original Code or ii) the combination of the | ||
| 116 | Original Code with other software or devices. | ||
| 117 | |||
| 118 | 2.2. Contributor Grant. | ||
| 119 | |||
| 120 | Subject to third party intellectual property claims, each Contributor | ||
| 121 | hereby grants You a world-wide, royalty-free, non-exclusive license | ||
| 122 | |||
| 123 | (a) under intellectual property rights (other than patent | ||
| 124 | or | ||
| 125 | trademark) Licensable by Contributor, to use, reproduce, modify, | ||
| 126 | display, perform, sublicense and distribute the Modifications created | ||
| 127 | by such Contributor (or portions thereof) either on an unmodified | ||
| 128 | basis, with other Modifications, as Covered Code and/or as part of a | ||
| 129 | Larger Work; and | ||
| 130 | |||
| 131 | b) under Patent Claims infringed by the making, using, or selling of | ||
| 132 | Modifications made by that Contributor either alone and/or in | ||
| 133 | combination with its Contributor Version (or portions of such | ||
| 134 | combination), to make, use, sell, offer for sale, have made, and/or | ||
| 135 | otherwise dispose of: 1) Modifications made by that Contributor (or | ||
| 136 | portions thereof); and 2) the combination of Modifications made by | ||
| 137 | that Contributor with its Contributor Version (or portions of such | ||
| 138 | combination). | ||
| 139 | |||
| 140 | (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective | ||
| 141 | on the date Contributor first makes Commercial Use of the Covered | ||
| 142 | Code. | ||
| 143 | |||
| 144 | (d) notwithstanding Section 2.2(b) above, no patent license is | ||
| 145 | granted: 1) for any code that Contributor has deleted from the | ||
| 146 | Contributor Version; 2) separate from the Contributor Version; 3) for | ||
| 147 | infringements caused by: i) third party modifications of Contributor | ||
| 148 | Version or ii) the combination of Modifications made by that | ||
| 149 | Contributor with other software (except as part of the Contributor | ||
| 150 | Version) or other devices; or 4) under Patent Claims infringed by | ||
| 151 | Covered Code in the absence of Modifications made by that | ||
| 152 | Contributor. | ||
| 153 | |||
| 154 | 3. Distribution Obligations. | ||
| 155 | |||
| 156 | 3.1. Application of License. | ||
| 157 | |||
| 158 | The Modifications which You create or to which You contribute are | ||
| 159 | governed by the terms of this License, including without limitation | ||
| 160 | Section 2.2. The Source Code version of Covered Code may be | ||
| 161 | distributed only under the terms of this License or a future version | ||
| 162 | of this License released under Section 6.1, and You must include a | ||
| 163 | copy of this License with every copy of the Source Code You | ||
| 164 | distribute. You may not offer or impose any terms on any Source Code | ||
| 165 | version that alters or restricts the applicable version of this | ||
| 166 | License or the recipients' rights hereunder. However, You may include | ||
| 167 | an additional document offering the additional rights described in | ||
| 168 | Section 3.5. | ||
| 169 | |||
| 170 | 3.2. Availability of Source Code. | ||
| 171 | |||
| 172 | Any Modification which You create or to which You contribute must be | ||
| 173 | made available in Source Code form under the terms of this License | ||
| 174 | either on the same media as an Executable version or via an accepted | ||
| 175 | Electronic Distribution Mechanism to anyone to whom you made an | ||
| 176 | Executable version available; and if made available via Electronic | ||
| 177 | Distribution Mechanism, must remain available for at least twelve (12) | ||
| 178 | months after the date it initially became available, or at least six | ||
| 179 | (6) months after a subsequent version of that particular Modification | ||
| 180 | has been made available to such recipients. You are responsible for | ||
| 181 | ensuring that the Source Code version remains available even if the | ||
| 182 | Electronic Distribution Mechanism is maintained by a third party. | ||
| 183 | |||
| 184 | 3.3. Description of Modifications. | ||
| 185 | |||
| 186 | You must cause all Covered Code to which You contribute to contain a | ||
| 187 | file documenting the changes You made to create that Covered Code and | ||
| 188 | the date of any change. You must include a prominent statement that | ||
| 189 | the Modification is derived, directly or indirectly, from Original | ||
| 190 | Code provided by the Initial Developer and including the name of the | ||
| 191 | Initial Developer in (a) the Source Code, and (b) in any notice in an | ||
| 192 | Executable version or related documentation in which You describe the | ||
| 193 | origin or ownership of the Covered Code. | ||
| 194 | |||
| 195 | 3.4. Intellectual Property Matters. | ||
| 196 | |||
| 197 | (a) Third Party Claims. | ||
| 198 | |||
| 199 | If Contributor has knowledge that a license under a third party's | ||
| 200 | intellectual property rights is required to exercise the rights | ||
| 201 | granted by such Contributor under Sections 2.1 or 2.2, Contributor | ||
| 202 | must include a text file with the Source Code distribution titled | ||
| 203 | "../LEGAL'' which describes the claim and the party making the claim in | ||
| 204 | sufficient detail that a recipient will know whom to contact. If | ||
| 205 | Contributor obtains such knowledge after the Modification is made | ||
| 206 | available as described in Section 3.2, Contributor shall promptly | ||
| 207 | modify the LEGAL file in all copies Contributor makes available | ||
| 208 | thereafter and shall take other steps (such as notifying appropriate | ||
| 209 | mailing lists or newsgroups) reasonably calculated to inform those who | ||
| 210 | received the Covered Code that new knowledge has been obtained. | ||
| 211 | |||
| 212 | (b) Contributor APIs. | ||
| 213 | |||
| 214 | If Contributor's Modifications include an application programming | ||
| 215 | interface ("API"../) and Contributor has knowledge of patent licenses | ||
| 216 | which are reasonably necessary to implement that API, Contributor must | ||
| 217 | also include this information in the LEGAL file. | ||
| 218 | |||
| 219 | (c) Representations. | ||
| 220 | |||
| 221 | Contributor represents that, except as disclosed pursuant to Section | ||
| 222 | 3.4(a) above, Contributor believes that Contributor's Modifications | ||
| 223 | are Contributor's original creation(s) and/or Contributor has | ||
| 224 | sufficient rights to grant the rights conveyed by this | ||
| 225 | License | ||
| 226 | |||
| 227 | . | ||
| 228 | |||
| 229 | 3.5. Required Notices. | ||
| 230 | |||
| 231 | You must duplicate the notice in Exhibit A in each file of the Source | ||
| 232 | Code. If it is not possible to put such notice in a particular Source | ||
| 233 | Code file due to its structure, then You must include such notice in a | ||
| 234 | location (such as a relevant directory) where a user would be likely | ||
| 235 | to look for such a notice. If You created one or more Modification(s) | ||
| 236 | You may add your name as a Contributor to the notice described in | ||
| 237 | Exhibit A. You must also duplicate this License in any documentation | ||
| 238 | for the Source Code where You describe recipients' rights or ownership | ||
| 239 | rights relating to Covered Code. You may choose to offer, and to | ||
| 240 | charge a fee for, warranty, support, indemnity or liability | ||
| 241 | obligations to one or more recipients of Covered Code. However, You | ||
| 242 | may do so only on Your own behalf, and not on behalf of the Initial | ||
| 243 | Developer or any Contributor. You must make it absolutely clear than | ||
| 244 | any such warranty, support, indemnity or liability obligation is | ||
| 245 | offered by You alone, and You hereby agree to indemnify the Initial | ||
| 246 | Developer and every Contributor for any liability incurred by the | ||
| 247 | Initial Developer or such Contributor as a result of warranty, | ||
| 248 | support, indemnity or liability terms You offer. | ||
| 249 | |||
| 250 | 3.6. Distribution of Executable Versions. | ||
| 251 | |||
| 252 | You may distribute Covered Code in Executable form only if the | ||
| 253 | requirements of Section 3.1-3.5 have been met for that Covered Code, | ||
| 254 | and if You include a notice stating that the Source Code version of | ||
| 255 | the Covered Code is available under the terms of this License, | ||
| 256 | including a description of how and where You have fulfilled the | ||
| 257 | obligations of Section 3.2. The notice must be conspicuously included | ||
| 258 | in any notice in an Executable version, related documentation or | ||
| 259 | collateral in which You describe recipients' rights relating to the | ||
| 260 | Covered Code. You may distribute the Executable version of Covered | ||
| 261 | Code or ownership rights under a license of Your choice, which may | ||
| 262 | contain terms different from this License, provided that You are in | ||
| 263 | compliance with the terms of this License and that the license for the | ||
| 264 | Executable version does not attempt to limit or alter the recipient's | ||
| 265 | rights in the Source Code version from the rights set forth in this | ||
| 266 | License. If You distribute the Executable version under a different | ||
| 267 | license You must make it absolutely clear that any terms which differ | ||
| 268 | from this License are offered by You alone, not by the Initial | ||
| 269 | Developer or any Contributor. You hereby agree to indemnify the | ||
| 270 | Initial Developer and every Contributor for any liability incurred by | ||
| 271 | the Initial Developer or such Contributor as a result of any such | ||
| 272 | terms You offer. | ||
| 273 | |||
| 274 | 3.7. Larger Works. | ||
| 275 | |||
| 276 | You may create a Larger Work by combining Covered Code with other | ||
| 277 | code | ||
| 278 | not governed by the terms of this License and distribute the Larger | ||
| 279 | Work as a single product. In such a case, You must make sure the | ||
| 280 | requirements of this License are fulfilled for the Covered Code. | ||
| 281 | |||
| 282 | 4. Inability to Comply Due to Statute or Regulation. | ||
| 283 | |||
| 284 | If it is impossible for You to comply with any of the terms of this | ||
| 285 | License with respect to some or all of the Covered Code due to | ||
| 286 | statute, judicial order, or regulation then You must: (a) comply with | ||
| 287 | the terms of this License to the maximum extent possible; and (b) | ||
| 288 | describe the limitations and the code they affect. Such description | ||
| 289 | must be included in the LEGAL file described in Section 3.4 and must | ||
| 290 | be included with all distributions of the Source Code. Except to the | ||
| 291 | extent prohibited by statute or regulation, such description must be | ||
| 292 | sufficiently detailed for a recipient of ordinary skill to be able to | ||
| 293 | understand it. | ||
| 294 | |||
| 295 | 5. Application of this License. | ||
| 296 | |||
| 297 | This License applies to code to which the Initial Developer has | ||
| 298 | attached the notice in Exhibit A and to related Covered Code. | ||
| 299 | |||
| 300 | 6. Versions of the License. | ||
| 301 | |||
| 302 | 6.1. New Versions. | ||
| 303 | |||
| 304 | Sun Microsystems, Inc. ("Sun") may publish revised and/or new | ||
| 305 | versions | ||
| 306 | of the License from time to time. Each version will be given a | ||
| 307 | distinguishing version number. | ||
| 308 | |||
| 309 | 6.2. Effect of New Versions. | ||
| 310 | |||
| 311 | Once Covered Code has been published under a particular version of | ||
| 312 | the | ||
| 313 | License, You may always continue to use it under the terms of that | ||
| 314 | version. You may also choose to use such Covered Code under the terms | ||
| 315 | of any subsequent version of the License published by Sun. No one | ||
| 316 | other than Sun has the right to modify the terms applicable to Covered | ||
| 317 | Code created under this License. | ||
| 318 | |||
| 319 | 6.3. Derivative Works. | ||
| 320 | |||
| 321 | If You create or use a modified version of this License (which you | ||
| 322 | may | ||
| 323 | only do in order to apply it to code which is not already Covered Code | ||
| 324 | governed by this License), You must: (a) rename Your license so that | ||
| 325 | the phrases "Sun," "Sun Public License," or | ||
| 326 | "SPL"../ or any confusingly | ||
| 327 | similar phrase do not appear in your license (except to note that your | ||
| 328 | license differs from this License) and (b) otherwise make it clear | ||
| 329 | that Your version of the license contains terms which differ from the | ||
| 330 | Sun Public License. (Filling in the name of the Initial Developer, | ||
| 331 | Original Code or Contributor in the notice described in Exhibit A | ||
| 332 | shall not of themselves be deemed to be modifications of this | ||
| 333 | License.) | ||
| 334 | |||
| 335 | 7. DISCLAIMER OF WARRANTY. | ||
| 336 | |||
| 337 | COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS'' BASIS, | ||
| 338 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, | ||
| 339 | WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF | ||
| 340 | DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. | ||
| 341 | THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE | ||
| 342 | IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, | ||
| 343 | YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE | ||
| 344 | COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER | ||
| 345 | OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF | ||
| 346 | ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS | ||
| 347 | DISCLAIMER. | ||
| 348 | |||
| 349 | 8. TERMINATION. | ||
| 350 | |||
| 351 | 8.1. This License and the rights granted hereunder will terminate | ||
| 352 | automatically if You fail to comply with terms herein and fail to cure | ||
| 353 | such breach within 30 days of becoming aware of the breach. All | ||
| 354 | sublicenses to the Covered Code which are properly granted shall | ||
| 355 | survive any termination of this License. Provisions which, by their | ||
| 356 | nature, must remain in effect beyond the termination of this License | ||
| 357 | shall survive. | ||
| 358 | |||
| 359 | 8.2. If You initiate litigation by asserting a patent infringement | ||
| 360 | claim (excluding declaratory judgment actions) against Initial Developer | ||
| 361 | or a Contributor (the Initial Developer or Contributor against whom | ||
| 362 | You file such action is referred to as "Participant") alleging | ||
| 363 | that: | ||
| 364 | |||
| 365 | (a) such Participant's Contributor Version directly or indirectly | ||
| 366 | infringes any patent, then any and all rights granted by such | ||
| 367 | Participant to You under Sections 2.1 and/or 2.2 of this License | ||
| 368 | shall, upon 60 days notice from Participant terminate prospectively, | ||
| 369 | unless if within 60 days after receipt of notice You either: (i) | ||
| 370 | agree in writing to pay Participant a mutually agreeable reasonable | ||
| 371 | royalty for Your past and future use of Modifications made by such | ||
| 372 | Participant, or (ii) withdraw Your litigation claim with respect to | ||
| 373 | the Contributor Version against such Participant. If within 60 days | ||
| 374 | of notice, a reasonable royalty and payment arrangement are not | ||
| 375 | mutually agreed upon in writing by the parties or the litigation claim | ||
| 376 | is not withdrawn, the rights granted by Participant to You under | ||
| 377 | Sections 2.1 and/or 2.2 automatically terminate at the expiration of | ||
| 378 | the 60 day notice period specified above. | ||
| 379 | |||
| 380 | (b) any software, hardware, or device, other than such Participant's | ||
| 381 | Contributor Version, directly or indirectly infringes any patent, then | ||
| 382 | any rights granted to You by such Participant under Sections 2.1(b) | ||
| 383 | and 2.2(b) are revoked effective as of the date You first made, used, | ||
| 384 | sold, distributed, or had made, Modifications made by that | ||
| 385 | Participant. | ||
| 386 | |||
| 387 | 8.3. If You assert a patent infringement claim against Participant | ||
| 388 | alleging that such Participant's Contributor Version directly or | ||
| 389 | indirectly infringes any patent where such claim is resolved (such as | ||
| 390 | by license or settlement) prior to the initiation of patent | ||
| 391 | infringement litigation, then the reasonable value of the licenses | ||
| 392 | granted by such Participant under Sections 2.1 or 2.2 shall be taken | ||
| 393 | into account in determining the amount or value of any payment or | ||
| 394 | license. | ||
| 395 | |||
| 396 | 8.4. In the event of termination under Sections 8.1 or 8.2 above, | ||
| 397 | all | ||
| 398 | end user license agreements (excluding distributors and resellers) | ||
| 399 | which have been validly granted by You or any distributor hereunder | ||
| 400 | prior to termination shall survive termination. | ||
| 401 | |||
| 402 | 9. LIMITATION OF LIABILITY. | ||
| 403 | |||
| 404 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT | ||
| 405 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL | ||
| 406 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, | ||
| 407 | OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR | ||
| 408 | ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY | ||
| 409 | CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, | ||
| 410 | WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER | ||
| 411 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN | ||
| 412 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF | ||
| 413 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY | ||
| 414 | RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW | ||
| 415 | PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE | ||
| 416 | EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO | ||
| 417 | THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | ||
| 418 | |||
| 419 | 10. U.S. GOVERNMENT END USERS. | ||
| 420 | |||
| 421 | The Covered Code is a "commercial item," as that term is defined in | ||
| 422 | 48 | ||
| 423 | C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | ||
| 424 | software" | ||
| 425 | and "commercial computer software documentation,"../ as such terms | ||
| 426 | are | ||
| 427 | used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. | ||
| 428 | 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all | ||
| 429 | U.S. Government End Users acquire Covered Code with only those rights | ||
| 430 | set forth herein. | ||
| 431 | |||
| 432 | 11. MISCELLANEOUS. | ||
| 433 | |||
| 434 | This License represents the complete agreement concerning subject | ||
| 435 | matter hereof. If any provision of this License is held to be | ||
| 436 | unenforceable, such provision shall be reformed only to the extent | ||
| 437 | necessary to make it enforceable. This License shall be governed by | ||
| 438 | California law provisions (except to the extent applicable law, if | ||
| 439 | any, provides otherwise), excluding its conflict-of-law provisions. | ||
| 440 | With respect to disputes in which at least one party is a citizen of, | ||
| 441 | or an entity chartered or registered to do business in the United | ||
| 442 | States of America, any litigation relating to this License shall be | ||
| 443 | subject to the jurisdiction of the Federal Courts of the Northern | ||
| 444 | District of California, with venue lying in Santa Clara County, | ||
| 445 | California, with the losing party responsible for costs, including | ||
| 446 | without limitation, court costs and reasonable attorneys' fees and | ||
| 447 | expenses. The application of the United Nations Convention on | ||
| 448 | Contracts for the International Sale of Goods is expressly excluded. | ||
| 449 | Any law or regulation which provides that the language of a contract | ||
| 450 | shall be construed against the drafter shall not apply to this | ||
| 451 | License. | ||
| 452 | |||
| 453 | 12. RESPONSIBILITY FOR CLAIMS. | ||
| 454 | |||
| 455 | As between Initial Developer and the Contributors, each party is | ||
| 456 | responsible for claims and damages arising, directly or indirectly, | ||
| 457 | out of its utilization of rights under this License and You agree to | ||
| 458 | work with Initial Developer and Contributors to distribute such | ||
| 459 | responsibility on an equitable basis. Nothing herein is intended or | ||
| 460 | shall be deemed to constitute any admission of liability. | ||
| 461 | |||
| 462 | 13. MULTIPLE-LICENSED CODE. | ||
| 463 | |||
| 464 | Initial Developer may designate portions of the Covered Code as | ||
| 465 | ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial | ||
| 466 | Developer permits you to utilize portions of the Covered Code under | ||
| 467 | Your choice of the alternative licenses, if any, specified by the | ||
| 468 | Initial Developer in the file described in Exhibit A. | ||
| 469 | |||
| 470 | Exhibit A -Sun Public License Notice. | ||
| 471 | |||
| 472 | The contents of this file are subject to the Sun Public License | ||
| 473 | |||
| 474 | Version 1.0 (the License); you may not use this file except in | ||
| 475 | |||
| 476 | compliance with the License. A copy of the License is available at | ||
| 477 | |||
| 478 | http://www.sun.com/ | ||
| 479 | |||
| 480 | The Original Code is _________________. The Initial Developer of the | ||
| 481 | |||
| 482 | Original Code is ___________. Portions created by ______ are Copyright | ||
| 483 | |||
| 484 | (C)_________. All Rights Reserved. | ||
| 485 | |||
| 486 | Contributor(s): ______________________________________. | ||
| 487 | |||
| 488 | Alternatively, the contents of this file may be used under the terms | ||
| 489 | |||
| 490 | of the _____ license (the ?[___] License?), in which case the | ||
| 491 | |||
| 492 | provisions of [______] License are applicable instead of those above. | ||
| 493 | |||
| 494 | If you wish to allow use of your version of this file only under the | ||
| 495 | |||
| 496 | terms of the [____] License and not to allow others to use your | ||
| 497 | |||
| 498 | version of this file under the SPL, indicate your decision by deleting | ||
| 499 | |||
| 500 | the provisions above and replace them with the notice and other | ||
| 501 | |||
| 502 | provisions required by the [___] License. If you do not delete the | ||
| 503 | |||
| 504 | provisions above, a recipient may use your version of this file under | ||
| 505 | |||
| 506 | either the SPL or the [___] License. | ||
| 507 | [NOTE: The text of this Exhibit A may differ slightly from the text of | ||
| 508 | |||
| 509 | the notices in the Source Code files of the Original Code. You should | ||
| 510 | |||
| 511 | use the text of this Exhibit A rather than the text found in the | ||
| 512 | |||
| 513 | Original Code Source Code for Your Modifications.] | ||
| 514 | |||
| 515 | |||
| 516 | |||
| 517 | |||
| 518 | |||
| 519 | |||
