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 and corresponding documentation released with the source code.
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 documentation, 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 Patent 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
("API"../) 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.
Sun
Microsystems, Inc. ("Sun") 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 Sun. No one other than Sun 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
"Sun," "Sun Public License," or "SPL"../ 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 Sun 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
declaratory 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 alternative licenses, if any, specified by the Initial Developer in the
file described in Exhibit A.
Exhibit
A -Sun Public License Notice.
The
contents of this file are subject to the Sun Public License
Version 1.0 (the License); you may not use this file except in
compliance with the License. A copy of the License is available at
http://www.sun.com/
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 SPL, 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 SPL 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.]