| 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 |