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- Sun Industry Standards Source License - Version 1.1
-
- 1.0 DEFINITIONS
-
- 1.1 "Commercial Use" means distribution or otherwise making the Original Code
- available to a third party.
-
- 1.2 "Contributor Version" means the combination of the Original Code, and
- the Modifications made by that particular Contributor.
-
- 1.3 "Electronic Distribution Mechanism" means a mechanism generally accepted
- in the software development community for the electronic transfer of data.
-
- 1.4 "Executable" means Original Code in any form other than Source Code.
-
- 1.5 "Initial Developer" means the individual or entity identified as the Initial
- Developer in the Source Code notice required by Exhibit A.
-
- 1.6 "Larger Work" means a work which combines Original Code or portions thereof
- with code not governed by the terms of this License.
-
- 1.7 "License" means this document.
-
- 1.8 "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. 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.
-
- 1.11 "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.
-
- 1.12 "Source Code" means the preferred form of the Original Code for making
- modifications to it, including all modules it contains, plus any associated
- interface definition files, or scripts used to control compilation and installation
- of an Executable.
-
- 1.13 "Standards" means the standards identified in Exhibit B.
-
- 1.14 "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.
-
- 2.0 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,
- including but not limited to Modifications.
-
- 3.0 DISTRIBUTION OBLIGATIONS
-
- 3.1 Application of License. The Source Code version of Original 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. Your license
- for shipment of the Contributor Version is conditioned upon Your full compliance
- with this Section. The Modifications which You create must comply with all
- requirements set out by the Standards body in effect one hundred twenty (120)
- days before You ship the Contributor Version. In the event that the Modifications
- do not meet such requirements, You agree to publish either (i) any deviation
- from the Standards protocol resulting from implementation of Your Modifications
- and a reference implementation of Your Modifications or (ii) Your Modifications
- in Source Code form, and to make any such deviation and reference implementation
- or Modifications available to all third parties under the same terms as this
- license on a royalty free basis within thirty (30) days of Your first customer
- shipment of Your Modifications.
-
- 3.2 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 Initial Code.
- You may choose to offer, and to charge a fee for, warranty, support, indemnity
- or liability obligations to one or more recipients of Your version of the
- Code. However, You may do so only on Your own behalf, and not on behalf of
- the Initial Developer. 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 for any liability incurred
- by the Initial Developer as a result of warranty, support, indemnity or liability
- terms You offer.
-
- 3.3 Distribution of Executable Versions. You may distribute Original Code
- in Executable and Source form only if the requirements of Sections 3.1 and
- 3.2 have been met for that Original Code, and if You include a notice stating
- that the Source Code version of the Original Code is available under the terms
- of this License. The notice must be conspicuously included in any notice in
- an Executable or Source versions, related documentation or collateral in which
- You describe recipients' rights relating to the Original Code. You may distribute
- the Executable and Source versions of Your version of the 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.
- If You distribute the Executable and Source versions 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. You hereby agree to
- indemnify the Initial Developer for any liability incurred by the Initial
- Developer as a result of any such terms You offer.
-
- 3.4 Larger Works. You may create a Larger Work by combining Original 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 Original Code.
-
- 4.0 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 Original 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 3.2 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.
-
- 5.0 APPLICATION OF THIS LICENSE
-
- This License applies to code to which the Initial Developer has attached the
- notice in Exhibit A and to related Modifications as set out in Section 3.1.
-
- 6.0 VERSIONS OF THE LICENSE
-
- 6.1 New Versions. 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 Original 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 Original 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 Original Code.
-
- 7.0 DISCLAIMER OF WARRANTY
-
- ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL CODE
- PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 ORIGINAL
- CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
-
- 8.0 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 Original 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 In the event of termination under Section 8.1 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.
-
- 9.0 LIMIT 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 ORIGINAL 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.
-
- 10.0 U.S. GOVERNMENT END USERS
-
- U.S. Government: If this Software is being acquired by or on behalf of the
- U.S. Government or by a U.S. Government prime contractor or subcontractor
- (at any tier), then the Government's rights in the Software and accompanying
- documentation shall be only as set forth in this license; this is in accordance
- with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense (DoD)
- acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
-
- 11.0 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. EXHIBIT A -
- Sun Standards License
-
- " The contents of this file are subject to the Sun Standards License Version
- 1.1 (the "License"); You may not use this file except in compliance with the
- License. You may obtain a copy of the License at _______________________________
- .
-
- 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: Sun Microsystems, Inc. .
-
- Portions created by: _______________________________________
-
- are Copyright (C): _______________________________________
-
- All Rights Reserved.
-
- Contributor(s): _______________________________________
-
- EXHIBIT B - Standards
-
- The Standard is defined as the following:
-
- OpenOffice.org XML File Format Specification, located at http://xml.openoffice.org
-
- OpenOffice.org Application Programming Interface Specification, located at
-
- http://api.openoffice.org
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