1 2CUA Office Public License Version 1.0 3(plain text) 41. Definitions. 5 61.0.1. "Commercial Use" means distribution or otherwise making the 7Covered Code available to a third party. 8 91.1. "Contributor" means each entity that creates or contributes to 10the creation of Modifications. 11 121.2. "Contributor Version" means the combination of the Original 13Code, prior Modifications used by a Contributor, and the Modifications 14made by that particular Contributor. 15 161.3. "Covered Code" means the Original Code or Modifications or the 17combination of the Original Code and Modifications, in each case 18including portions thereof. 19 201.4. "Electronic Distribution Mechanism" means a mechanism generally 21accepted in the software development community for the electronic 22transfer of data. 23 241.5. "Executable" means Covered Code in any form other than Source 25Code. 26 271.6. "Initial Developer" means the individual or entity identified 28as the Initial Developer in the Source Code notice required by Exhibit 29A. 30 311.7. "Larger Work" means a work which combines Covered Code or 32portions thereof with code not governed by the terms of this License. 33 341.8. "License" means this document. 35 361.8.1. "Licensable" means having the right to grant, to the maximum 37extent possible, whether at the time of the initial grant or 38subsequently acquired, any and all of the rights conveyed herein. 39 401.9. "Modifications" means any addition to or deletion from the 41substance or structure of either the Original Code or any previous 42Modifications. When Covered Code is released as a series of files, a 43Modification is: 44 45A. Any addition to or deletion from the contents of a file 46containing Original Code or previous Modifications. 47 48B. Any new file that contains any part of the Original Code or 49previous Modifications. 50 511.10. "Original Code" means Source Code of computer software code 52which is described in the Source Code notice required by Exhibit A as 53Original Code, and which, at the time of its release under this 54License is not already Covered Code governed by this License. 55 561.10.1. "Patent Claims" means any patent claim(s), now owned or 57hereafter acquired, including without limitation, method, process, 58and apparatus claims, in any patent Licensable by grantor. 59 601.11. "Source Code" means the preferred form of the Covered Code for 61making modifications to it, including all modules it contains, plus 62any associated interface definition files, scripts used to control 63compilation and installation of an Executable, or source code 64differential comparisons against either the Original Code or another 65well known, available Covered Code of the Contributor`s choice. The 66Source Code can be in a compressed or archival form, provided the 67appropriate decompression or de-archiving software is widely available 68for no charge. 69 701.12. "You" (or "Your") means an individual or a legal entity 71exercising rights under, and complying with all of the terms of, this 72License or a future version of this License issued under Section 6.1. 73For legal entities, "You" includes any entity which controls, is 74controlled by, or is under common control with You. For purposes of 75this definition, "control" means (a) the power, direct or indirect, 76to cause the direction or management of such entity, whether by 77contract or otherwise, or (b) ownership of more than fifty percent 78(50%) of the outstanding shares or beneficial ownership of such 79entity. 80 812. Source Code License. 82 832.1. The Initial Developer Grant. 84The Initial Developer hereby grants You a world-wide, royalty-free, 85non-exclusive license, subject to third party intellectual property 86claims: 87 88(a) under intellectual property rights (other than patent or 89trademark) Licensable by Initial Developer to use, reproduce, 90modify, display, perform, sublicense and distribute the Original 91Code (or portions thereof) with or without Modifications, and/or 92as part of a Larger Work; and 93 94(b) under Patents Claims infringed by the making, using or 95selling of Original Code, to make, have made, use, practice, 96sell, and offer for sale, and/or otherwise dispose of the 97Original Code (or portions thereof). 98 99(c) the licenses granted in this Section 2.1(a) and (b) are 100effective on the date Initial Developer first distributes 101Original Code under the terms of this License. 102 103(d) Notwithstanding Section 2.1(b) above, no patent license is 104granted: 1) for code that You delete from the Original Code; 2) 105separate from the Original Code; or 3) for infringements caused 106by: i) the modification of the Original Code or ii) the 107combination of the Original Code with other software or devices. 108 1092.2. Contributor Grant. 110Subject to third party intellectual property claims, each Contributor 111hereby grants You a world-wide, royalty-free, non-exclusive license 112 113(a) under intellectual property rights (other than patent or 114trademark) Licensable by Contributor, to use, reproduce, modify, 115display, perform, sublicense and distribute the Modifications 116created by such Contributor (or portions thereof) either on an 117unmodified basis, with other Modifications, as Covered Code 118and/or as part of a Larger Work; and 119 120(b) under Patent Claims infringed by the making, using, or 121selling of Modifications made by that Contributor either alone 122and/or in combination with its Contributor Version (or portions 123of such combination), to make, use, sell, offer for sale, have 124made, and/or otherwise dispose of: 1) Modifications made by that 125Contributor (or portions thereof); and 2) the combination of 126Modifications made by that Contributor with its Contributor 127Version (or portions of such combination). 128 129(c) the licenses granted in Sections 2.2(a) and 2.2(b) are 130effective on the date Contributor first makes Commercial Use of 131the Covered Code. 132 133(d) Notwithstanding Section 2.2(b) above, no patent license is 134granted: 1) for any code that Contributor has deleted from the 135Contributor Version; 2) separate from the Contributor Version; 1363) for infringements caused by: i) third party modifications of 137Contributor Version or ii) the combination of Modifications made 138by that Contributor with other software (except as part of the 139Contributor Version) or other devices; or 4) under Patent Claims 140infringed by Covered Code in the absence of Modifications made by 141that Contributor. 142 1433. Distribution Obligations. 144 1453.1. Application of License. 146The Modifications which You create or to which You contribute are 147governed by the terms of this License, including without limitation 148Section 2.2. The Source Code version of Covered Code may be 149distributed only under the terms of this License or a future version 150of this License released under Section 6.1, and You must include a 151copy of this License with every copy of the Source Code You 152distribute. You may not offer or impose any terms on any Source Code 153version that alters or restricts the applicable version of this 154License or the recipients` rights hereunder. However, You may include 155an additional document offering the additional rights described in 156Section 3.5. 157 1583.2. Availability of Source Code. 159Any Modification which You create or to which You contribute must be 160made available in Source Code form under the terms of this License 161either on the same media as an Executable version or via an accepted 162Electronic Distribution Mechanism to anyone to whom you made an 163Executable version available; and if made available via Electronic 164Distribution Mechanism, must remain available for at least twelve (12) 165months after the date it initially became available, or at least six 166(6) months after a subsequent version of that particular Modification 167has been made available to such recipients. You are responsible for 168ensuring that the Source Code version remains available even if the 169Electronic Distribution Mechanism is maintained by a third party. 170 1713.3. Description of Modifications. 172You must cause all Covered Code to which You contribute to contain a 173file documenting the changes You made to create that Covered Code and 174the date of any change. You must include a prominent statement that 175the Modification is derived, directly or indirectly, from Original 176Code provided by the Initial Developer and including the name of the 177Initial Developer in (a) the Source Code, and (b) in any notice in an 178Executable version or related documentation in which You describe the 179origin or ownership of the Covered Code. 180 1813.4. Intellectual Property Matters 182 183(a) Third Party Claims. 184If Contributor has knowledge that a license under a third party`s 185intellectual property rights is required to exercise the rights 186granted by such Contributor under Sections 2.1 or 2.2, 187Contributor must include a text file with the Source Code 188distribution titled "LEGAL" which describes the claim and the 189party making the claim in sufficient detail that a recipient will 190know whom to contact. If Contributor obtains such knowledge after 191the Modification is made available as described in Section 3.2, 192Contributor shall promptly modify the LEGAL file in all copies 193Contributor makes available thereafter and shall take other steps 194(such as notifying appropriate mailing lists or newsgroups) 195reasonably calculated to inform those who received the Covered 196Code that new knowledge has been obtained. 197 198(b) Contributor APIs. 199 200If Contributor`s Modifications include an application programming 201interface and Contributor has knowledge of patent licenses which 202are reasonably necessary to implement that API, Contributor must 203also include this information in the LEGAL file. 204 205(c) Representations. 206 207Contributor represents that, except as disclosed pursuant to 208Section 3.4(a) above, Contributor believes that Contributor`s 209Modifications are Contributor`s original creation(s) and/or 210Contributor has sufficient rights to grant the rights conveyed by 211this License. 212 2133.5. Required Notices. 214You must duplicate the notice in Exhibit A in each file of the Source 215Code. If it is not possible to put such notice in a particular Source 216Code file due to its structure, then You must include such notice in a 217location (such as a relevant directory) where a user would be likely 218to look for such a notice. If You created one or more Modification(s) 219You may add your name as a Contributor to the notice described in 220Exhibit A. You must also duplicate this License in any documentation 221for the Source Code where You describe recipients` rights or ownership 222rights relating to Covered Code. You may choose to offer, and to 223charge a fee for, warranty, support, indemnity or liability 224obligations to one or more recipients of Covered Code. However, You 225may do so only on Your own behalf, and not on behalf of the Initial 226Developer or any Contributor. You must make it absolutely clear than 227any such warranty, support, indemnity or liability obligation is 228offered by You alone, and You hereby agree to indemnify the Initial 229Developer and every Contributor for any liability incurred by the 230Initial Developer or such Contributor as a result of warranty, 231support, indemnity or liability terms You offer. 232 2333.6. Distribution of Executable Versions. 234You may distribute Covered Code in Executable form only if the 235requirements of Section 3.1-3.5 have been met for that Covered Code, 236and if You include a notice stating that the Source Code version of 237the Covered Code is available under the terms of this License, 238including a description of how and where You have fulfilled the 239obligations of Section 3.2. The notice must be conspicuously included 240in any notice in an Executable version, related documentation or 241collateral in which You describe recipients` rights relating to the 242Covered Code. You may distribute the Executable version of Covered 243Code or ownership rights under a license of Your choice, which may 244contain terms different from this License, provided that You are in 245compliance with the terms of this License and that the license for the 246Executable version does not attempt to limit or alter the recipient`s 247rights in the Source Code version from the rights set forth in this 248License. If You distribute the Executable version under a different 249license You must make it absolutely clear that any terms which differ 250from this License are offered by You alone, not by the Initial 251Developer or any Contributor. You hereby agree to indemnify the 252Initial Developer and every Contributor for any liability incurred by 253the Initial Developer or such Contributor as a result of any such 254terms You offer. 255 2563.7. Larger Works. 257You may create a Larger Work by combining Covered Code with other code 258not governed by the terms of this License and distribute the Larger 259Work as a single product. In such a case, You must make sure the 260requirements of this License are fulfilled for the Covered Code. 261 2624. Inability to Comply Due to Statute or Regulation. 263 264If it is impossible for You to comply with any of the terms of this 265License with respect to some or all of the Covered Code due to 266statute, judicial order, or regulation then You must: (a) comply with 267the terms of this License to the maximum extent possible; and (b) 268describe the limitations and the code they affect. Such description 269must be included in the LEGAL file described in Section 3.4 and must 270be included with all distributions of the Source Code. Except to the 271extent prohibited by statute or regulation, such description must be 272sufficiently detailed for a recipient of ordinary skill to be able to 273understand it. 274 2755. Application of this License. 276 277This License applies to code to which the Initial Developer has 278attached the notice in Exhibit A and to related Covered Code. 279 2806. Versions of the License. 281 2826.1. New Versions. 283CUA Office Project may publish revised 284and/or new versions of the License from time to time. Each version 285will be given a distinguishing version number. 286 2876.2. Effect of New Versions. 288Once Covered Code has been published under a particular version of the 289License, You may always continue to use it under the terms of that 290version. You may also choose to use such Covered Code under the terms 291of any subsequent version of the License published by CUA Office Project. No one 292other than CUA Office Project has the right to modify the terms applicable to 293Covered Code created under this License. 294 2956.3. Derivative Works. 296If You create or use a modified version of this License (which you may 297only do in order to apply it to code which is not already Covered Code 298governed by this License), You must (a) rename Your license so that 299the phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do not appear in your 300license (except to note that your license differs from this License) 301and (b) otherwise make it clear that Your version of the license 302contains terms which differ from the CUA Office Public License. (Filling in the name of the Initial 303Developer, Original Code or Contributor in the notice described in 304Exhibit A shall not of themselves be deemed to be modifications of 305this License.) 306 3077. DISCLAIMER OF WARRANTY. 308 309COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 310WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 311WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 312DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 313THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 314IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 315YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 316COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 317OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 318ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 319 3208. TERMINATION. 321 3228.1. This License and the rights granted hereunder will terminate 323automatically if You fail to comply with terms herein and fail to cure 324such breach within 30 days of becoming aware of the breach. All 325sublicenses to the Covered Code which are properly granted shall 326survive any termination of this License. Provisions which, by their 327nature, must remain in effect beyond the termination of this License 328shall survive. 329 3308.2. If You initiate litigation by asserting a patent infringement 331claim (excluding declatory judgment actions) against Initial Developer 332or a Contributor (the Initial Developer or Contributor against whom 333You file such action is referred to as "Participant") alleging that: 334 335(a) such Participant`s Contributor Version directly or indirectly 336infringes any patent, then any and all rights granted by such 337Participant to You under Sections 2.1 and/or 2.2 of this License 338shall, upon 60 days notice from Participant terminate prospectively, 339unless if within 60 days after receipt of notice You either: (i) 340agree in writing to pay Participant a mutually agreeable reasonable 341royalty for Your past and future use of Modifications made by such 342Participant, or (ii) withdraw Your litigation claim with respect to 343the Contributor Version against such Participant. If within 60 days 344of notice, a reasonable royalty and payment arrangement are not 345mutually agreed upon in writing by the parties or the litigation claim 346is not withdrawn, the rights granted by Participant to You under 347Sections 2.1 and/or 2.2 automatically terminate at the expiration of 348the 60 day notice period specified above. 349 350(b) any software, hardware, or device, other than such Participant`s 351Contributor Version, directly or indirectly infringes any patent, then 352any rights granted to You by such Participant under Sections 2.1(b) 353and 2.2(b) are revoked effective as of the date You first made, used, 354sold, distributed, or had made, Modifications made by that 355Participant. 356 3578.3. If You assert a patent infringement claim against Participant 358alleging that such Participant`s Contributor Version directly or 359indirectly infringes any patent where such claim is resolved (such as 360by license or settlement) prior to the initiation of patent 361infringement litigation, then the reasonable value of the licenses 362granted by such Participant under Sections 2.1 or 2.2 shall be taken 363into account in determining the amount or value of any payment or 364license. 365 3668.4. In the event of termination under Sections 8.1 or 8.2 above, 367all end user license agreements (excluding distributors and resellers) 368which have been validly granted by You or any distributor hereunder 369prior to termination shall survive termination. 370 3719. LIMITATION OF LIABILITY. 372 373UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 374(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 375DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 376OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 377ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 378CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 379WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 380COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 381INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 382LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 383RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 384PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 385EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 386THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 387 38810. U.S. GOVERNMENT END USERS. 389 390The Covered Code is a "commercial item," as that term is defined in 39148 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer 392software" and "commercial computer software documentation," as such 393terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 394C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), 395all U.S. Government End Users acquire Covered Code with only those 396rights set forth herein. 397 39811. MISCELLANEOUS. 399 400This License represents the complete agreement concerning subject 401matter hereof. If any provision of this License is held to be 402unenforceable, such provision shall be reformed only to the extent 403necessary to make it enforceable. This License shall be governed by 404California law provisions (except to the extent applicable law, if 405any, provides otherwise), excluding its conflict-of-law provisions. 406With respect to disputes in which at least one party is a citizen of, 407or an entity chartered or registered to do business in the United 408States of America, any litigation relating to this License shall be 409subject to the jurisdiction of the Federal Courts of the Northern 410District of California, with venue lying in Santa Clara County, 411California, with the losing party responsible for costs, including 412without limitation, court costs and reasonable attorneys` fees and 413expenses. The application of the United Nations Convention on 414Contracts for the International Sale of Goods is expressly excluded. 415Any law or regulation which provides that the language of a contract 416shall be construed against the drafter shall not apply to this 417License. 418 41912. RESPONSIBILITY FOR CLAIMS. 420 421As between Initial Developer and the Contributors, each party is 422responsible for claims and damages arising, directly or indirectly, 423out of its utilization of rights under this License and You agree to 424work with Initial Developer and Contributors to distribute such 425responsibility on an equitable basis. Nothing herein is intended or 426shall be deemed to constitute any admission of liability. 427 42813. MULTIPLE-LICENSED CODE. 429 430Initial Developer may designate portions of the Covered Code as 431"Multiple-Licensed". "Multiple-Licensed" means that the Initial 432Developer permits you to utilize portions of the Covered Code under 433Your choice of the NPL or the alternative licenses, if any, specified 434by the Initial Developer in the file described in Exhibit A. 435 436EXHIBIT A - CUA Office Public License. 437 438``The contents of this file are subject to the CUA Office Public License 439Version 1.0 (the "License"); you may not use this file except in 440compliance with the License. You may obtain a copy of the License at 441http://cuaoffice.sourceforge.net/ 442 443Software distributed under the License is distributed on an "AS IS" 444basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the 445License for the specific language governing rights and limitations 446under the License. 447 448The Original Code is ______________________________________. 449 450The Initial Developer of the Original Code is ________________________. 451Portions created by ______________________ are Copyright (C) ______ 452_______________________. All Rights Reserved. 453 454Contributor(s): ______________________________________. 455 456Alternatively, the contents of this file may be used under the terms 457of the _____ license (the "[___] License"), in which case the 458provisions of [______] License are applicable instead of those 459above. If you wish to allow use of your version of this file only 460under the terms of the [____] License and not to allow others to use 461your version of this file under the CUAPL, indicate your decision by 462deleting the provisions above and replace them with the notice and 463other provisions required by the [___] License. If you do not delete 464the provisions above, a recipient may use your version of this file 465under either the CUAPL or the [___] License." 466 467[NOTE: The text of this Exhibit A may differ slightly from the text of 468the notices in the Source Code files of the Original Code. You should 469use the text of this Exhibit A rather than the text found in the 470Original Code Source Code for Your Modifications.] 471 472