1 2SUN PUBLIC LICENSE Version 1.0 3 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 Code, 13prior Modifications used by a Contributor, and the Modifications made 14by 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 and corresponding documentation released 19with the source code. 20 211.4. "Electronic Distribution Mechanism" means a mechanism generally 22accepted in the software development community for the electronic 23transfer of data. 24 251.5. "Executable" means Covered Code in any form other than Source 26Code. 27 281.6. "Initial Developer" means the individual or entity identified as 29the Initial Developer in the Source Code notice required by Exhibit 30A. 31 321.7. "Larger Work" means a work which combines Covered Code or 33portions thereof with code not governed by the terms of this 34License. 35 361.8. "License" means this document. 37 381.8.1. "Licensable" means having the right to grant, to the maximum 39extent possible, whether at the time of the initial grant or 40subsequently acquired, any and all of the rights conveyed herein. 41 421.9. "Modifications" means any addition to or deletion from the 43substance or structure of either the Original Code or any previous 44Modifications. When Covered Code is released as a series of files, a 45Modification is: 46 47A. Any addition to or deletion from the contents of a file containing 48Original Code or previous Modifications. 49 50B. Any new file that contains any part of the Original Code or 51previous Modifications. 52 531.10. "Original Code"../ means Source Code of computer software code 54which is described in the Source Code notice required by Exhibit A as 55Original Code, and which, at the time of its release under this 56License is not already Covered Code governed by this License. 57 581.10.1. "Patent Claims" means any patent claim(s), now owned or 59hereafter acquired, including without limitation, method, process, and 60apparatus claims, in any patent Licensable by grantor. 61 621.11. "Source Code"../ means the preferred form of the Covered Code 63for 64making modifications to it, including all modules it contains, plus 65any associated documentation, interface definition files, scripts used 66to control compilation and installation of an Executable, or source 67code differential comparisons against either the Original Code or 68another well known, available Covered Code of the Contributor`s 69choice. The Source Code can be in a compressed or archival form, 70provided the appropriate decompression or de-archiving software is 71widely available for no charge. 72 731.12. "You" (or "Your") means an individual or a legal entity 74exercising rights under, and complying with all of the terms of, this 75License or a future version of this License issued under Section 6.1. 76For legal entities, "You" includes any entity which controls, is 77controlled by, or is under common control with You. For purposes of 78this definition, "control"../ means (a) the power, direct or indirect, 79to 80cause the direction or management of such entity, whether by contract 81or otherwise, or (b) ownership of more than fifty percent (50%) of the 82outstanding shares or beneficial ownership of such entity. 83 842. Source Code License. 85 862.1 The Initial Developer Grant. 87 88The Initial Developer hereby grants You a world-wide, royalty-free, 89non-exclusive license, subject to third party intellectual property 90claims: 91 92(a) under intellectual property rights (other than patent or 93trademark) Licensable by Initial Developer to use, reproduce, modify, 94display, perform, sublicense and distribute the Original Code (or 95portions thereof) with or without Modifications, and/or as part of a 96Larger Work; and 97 98(b) under Patent Claims infringed by the making, using or selling of 99Original Code, to make, have made, use, practice, sell, and offer for 100sale, and/or otherwise dispose of the Original Code (or portions 101thereof). 102 103(c) the licenses granted in this Section 2.1(a) and (b) are effective 104on the date Initial Developer first distributes Original Code under 105the terms of this License. 106 107(d) Notwithstanding Section 2.1(b) above, no patent license is 108granted: 1) for code that You delete from the Original Code; 2) 109separate from the Original Code; or 3) for infringements caused 110by: 111 112i) the modification of the Original Code or ii) the combination of the 113Original Code with other software or devices. 114 1152.2. Contributor Grant. 116 117Subject to third party intellectual property claims, each Contributor 118hereby grants You a world-wide, royalty-free, non-exclusive license 119 120(a) under intellectual property rights (other than patent 121or 122trademark) Licensable by Contributor, to use, reproduce, modify, 123display, perform, sublicense and distribute the Modifications created 124by such Contributor (or portions thereof) either on an unmodified 125basis, with other Modifications, as Covered Code and/or as part of a 126Larger Work; and 127 128b) under Patent Claims infringed by the making, using, or selling of 129Modifications made by that Contributor either alone and/or in 130combination with its Contributor Version (or portions of such 131combination), to make, use, sell, offer for sale, have made, and/or 132otherwise dispose of: 1) Modifications made by that Contributor (or 133portions thereof); and 2) the combination of Modifications made by 134that Contributor with its Contributor Version (or portions of such 135combination). 136 137(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective 138on the date Contributor first makes Commercial Use of the Covered 139Code. 140 141(d) notwithstanding Section 2.2(b) above, no patent license is 142granted: 1) for any code that Contributor has deleted from the 143Contributor Version; 2) separate from the Contributor Version; 3) for 144infringements caused by: i) third party modifications of Contributor 145Version or ii) the combination of Modifications made by that 146Contributor with other software (except as part of the Contributor 147Version) or other devices; or 4) under Patent Claims infringed by 148Covered Code in the absence of Modifications made by that 149Contributor. 150 1513. Distribution Obligations. 152 1533.1. Application of License. 154 155The Modifications which You create or to which You contribute are 156governed by the terms of this License, including without limitation 157Section 2.2. The Source Code version of Covered Code may be 158distributed only under the terms of this License or a future version 159of this License released under Section 6.1, and You must include a 160copy of this License with every copy of the Source Code You 161distribute. You may not offer or impose any terms on any Source Code 162version that alters or restricts the applicable version of this 163License or the recipients` rights hereunder. However, You may include 164an additional document offering the additional rights described in 165Section 3.5. 166 1673.2. Availability of Source Code. 168 169Any Modification which You create or to which You contribute must be 170made available in Source Code form under the terms of this License 171either on the same media as an Executable version or via an accepted 172Electronic Distribution Mechanism to anyone to whom you made an 173Executable version available; and if made available via Electronic 174Distribution Mechanism, must remain available for at least twelve (12) 175months after the date it initially became available, or at least six 176(6) months after a subsequent version of that particular Modification 177has been made available to such recipients. You are responsible for 178ensuring that the Source Code version remains available even if the 179Electronic Distribution Mechanism is maintained by a third party. 180 1813.3. Description of Modifications. 182 183You must cause all Covered Code to which You contribute to contain a 184file documenting the changes You made to create that Covered Code and 185the date of any change. You must include a prominent statement that 186the Modification is derived, directly or indirectly, from Original 187Code provided by the Initial Developer and including the name of the 188Initial Developer in (a) the Source Code, and (b) in any notice in an 189Executable version or related documentation in which You describe the 190origin or ownership of the Covered Code. 191 1923.4. Intellectual Property Matters. 193 194(a) Third Party Claims. 195 196If Contributor has knowledge that a license under a third party`s 197intellectual property rights is required to exercise the rights 198granted by such Contributor under Sections 2.1 or 2.2, Contributor 199must include a text file with the Source Code distribution titled 200"../LEGAL`` which describes the claim and the party making the claim in 201sufficient detail that a recipient will know whom to contact. If 202Contributor obtains such knowledge after the Modification is made 203available as described in Section 3.2, Contributor shall promptly 204modify the LEGAL file in all copies Contributor makes available 205thereafter and shall take other steps (such as notifying appropriate 206mailing lists or newsgroups) reasonably calculated to inform those who 207received the Covered Code that new knowledge has been obtained. 208 209(b) Contributor APIs. 210 211If Contributor`s Modifications include an application programming 212interface ("API"../) and Contributor has knowledge of patent licenses 213which are reasonably necessary to implement that API, Contributor must 214also include this information in the LEGAL file. 215 216(c) Representations. 217 218Contributor represents that, except as disclosed pursuant to Section 2193.4(a) above, Contributor believes that Contributor`s Modifications 220are Contributor`s original creation(s) and/or Contributor has 221sufficient rights to grant the rights conveyed by this 222License 223 224. 225 2263.5. Required Notices. 227 228You must duplicate the notice in Exhibit A in each file of the Source 229Code. If it is not possible to put such notice in a particular Source 230Code file due to its structure, then You must include such notice in a 231location (such as a relevant directory) where a user would be likely 232to look for such a notice. If You created one or more Modification(s) 233You may add your name as a Contributor to the notice described in 234Exhibit A. You must also duplicate this License in any documentation 235for the Source Code where You describe recipients` rights or ownership 236rights relating to Covered Code. You may choose to offer, and to 237charge a fee for, warranty, support, indemnity or liability 238obligations to one or more recipients of Covered Code. However, You 239may do so only on Your own behalf, and not on behalf of the Initial 240Developer or any Contributor. You must make it absolutely clear than 241any such warranty, support, indemnity or liability obligation is 242offered by You alone, and You hereby agree to indemnify the Initial 243Developer and every Contributor for any liability incurred by the 244Initial Developer or such Contributor as a result of warranty, 245support, indemnity or liability terms You offer. 246 2473.6. Distribution of Executable Versions. 248 249You may distribute Covered Code in Executable form only if the 250requirements of Section 3.1-3.5 have been met for that Covered Code, 251and if You include a notice stating that the Source Code version of 252the Covered Code is available under the terms of this License, 253including a description of how and where You have fulfilled the 254obligations of Section 3.2. The notice must be conspicuously included 255in any notice in an Executable version, related documentation or 256collateral in which You describe recipients` rights relating to the 257Covered Code. You may distribute the Executable version of Covered 258Code or ownership rights under a license of Your choice, which may 259contain terms different from this License, provided that You are in 260compliance with the terms of this License and that the license for the 261Executable version does not attempt to limit or alter the recipient`s 262rights in the Source Code version from the rights set forth in this 263License. If You distribute the Executable version under a different 264license You must make it absolutely clear that any terms which differ 265from this License are offered by You alone, not by the Initial 266Developer or any Contributor. You hereby agree to indemnify the 267Initial Developer and every Contributor for any liability incurred by 268the Initial Developer or such Contributor as a result of any such 269terms You offer. 270 2713.7. Larger Works. 272 273You may create a Larger Work by combining Covered Code with other 274code 275not governed by the terms of this License and distribute the Larger 276Work as a single product. In such a case, You must make sure the 277requirements of this License are fulfilled for the Covered Code. 278 2794. Inability to Comply Due to Statute or Regulation. 280 281If it is impossible for You to comply with any of the terms of this 282License with respect to some or all of the Covered Code due to 283statute, judicial order, or regulation then You must: (a) comply with 284the terms of this License to the maximum extent possible; and (b) 285describe the limitations and the code they affect. Such description 286must be included in the LEGAL file described in Section 3.4 and must 287be included with all distributions of the Source Code. Except to the 288extent prohibited by statute or regulation, such description must be 289sufficiently detailed for a recipient of ordinary skill to be able to 290understand it. 291 2925. Application of this License. 293 294This License applies to code to which the Initial Developer has 295attached the notice in Exhibit A and to related Covered Code. 296 2976. Versions of the License. 298 2996.1. New Versions. 300 301Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions 302of the License from time to time. Each version will be given a 303distinguishing version number. 304 3056.2. Effect of New Versions. 306 307Once Covered Code has been published under a particular version of 308the 309License, You may always continue to use it under the terms of that 310version. You may also choose to use such Covered Code under the terms 311of any subsequent version of the License published by Sun. No one 312other than Sun has the right to modify the terms applicable to Covered 313Code created under this License. 314 3156.3. Derivative Works. 316 317If You create or use a modified version of this License (which you 318may 319only do in order to apply it to code which is not already Covered Code 320governed by this License), You must: (a) rename Your license so that 321the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly 322similar phrase do not appear in your license (except to note that your 323license differs from this License) and (b) otherwise make it clear 324that Your version of the license contains terms which differ from the 325Sun Public License. (Filling in the name of the Initial Developer, 326Original Code or Contributor in the notice described in Exhibit A 327shall not of themselves be deemed to be modifications of this 328License.) 329 3307. DISCLAIMER OF WARRANTY. 331 332COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "../AS IS`` BASIS, 333WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 334WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 335DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 336THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 337IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 338YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 339COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 340OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 341ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 342DISCLAIMER. 343 3448. TERMINATION. 345 3468.1. This License and the rights granted hereunder will terminate 347automatically if You fail to comply with terms herein and fail to cure 348such breach within 30 days of becoming aware of the breach. All 349sublicenses to the Covered Code which are properly granted shall 350survive any termination of this License. Provisions which, by their 351nature, must remain in effect beyond the termination of this License 352shall survive. 353 3548.2. If You initiate litigation by asserting a patent infringement 355claim (excluding declaratory judgment actions) against Initial Developer 356or a Contributor (the Initial Developer or Contributor against whom 357You file such action is referred to as "Participant") alleging 358that: 359 360(a) such Participant`s Contributor Version directly or indirectly 361infringes any patent, then any and all rights granted by such 362Participant to You under Sections 2.1 and/or 2.2 of this License 363shall, upon 60 days notice from Participant terminate prospectively, 364unless if within 60 days after receipt of notice You either: (i) 365agree in writing to pay Participant a mutually agreeable reasonable 366royalty for Your past and future use of Modifications made by such 367Participant, or (ii) withdraw Your litigation claim with respect to 368the Contributor Version against such Participant. If within 60 days 369of notice, a reasonable royalty and payment arrangement are not 370mutually agreed upon in writing by the parties or the litigation claim 371is not withdrawn, the rights granted by Participant to You under 372Sections 2.1 and/or 2.2 automatically terminate at the expiration of 373the 60 day notice period specified above. 374 375(b) any software, hardware, or device, other than such Participant`s 376Contributor Version, directly or indirectly infringes any patent, then 377any rights granted to You by such Participant under Sections 2.1(b) 378and 2.2(b) are revoked effective as of the date You first made, used, 379sold, distributed, or had made, Modifications made by that 380Participant. 381 3828.3. If You assert a patent infringement claim against Participant 383alleging that such Participant`s Contributor Version directly or 384indirectly infringes any patent where such claim is resolved (such as 385by license or settlement) prior to the initiation of patent 386infringement litigation, then the reasonable value of the licenses 387granted by such Participant under Sections 2.1 or 2.2 shall be taken 388into account in determining the amount or value of any payment or 389license. 390 3918.4. In the event of termination under Sections 8.1 or 8.2 above, 392all 393end user license agreements (excluding distributors and resellers) 394which have been validly granted by You or any distributor hereunder 395prior to termination shall survive termination. 396 3979. LIMITATION OF LIABILITY. 398 399UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 400(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 401DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 402OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 403ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 404CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 405WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 406COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 407INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 408LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 409RESULTING FROM SUCH PARTY`S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 410PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 411EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 412THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 413 41410. U.S. GOVERNMENT END USERS. 415 416The Covered Code is a "commercial item," as that term is defined in 41748 418C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 419and "commercial computer software documentation,"../ as such terms are 420used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 42112.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 422U.S. Government End Users acquire Covered Code with only those rights 423set forth herein. 424 42511. MISCELLANEOUS. 426 427This License represents the complete agreement concerning subject 428matter hereof. If any provision of this License is held to be 429unenforceable, such provision shall be reformed only to the extent 430necessary to make it enforceable. This License shall be governed by 431California law provisions (except to the extent applicable law, if 432any, provides otherwise), excluding its conflict-of-law provisions. 433With respect to disputes in which at least one party is a citizen of, 434or an entity chartered or registered to do business in the United 435States of America, any litigation relating to this License shall be 436subject to the jurisdiction of the Federal Courts of the Northern 437District of California, with venue lying in Santa Clara County, 438California, with the losing party responsible for costs, including 439without limitation, court costs and reasonable attorneys` fees and 440expenses. The application of the United Nations Convention on 441Contracts for the International Sale of Goods is expressly excluded. 442Any law or regulation which provides that the language of a contract 443shall be construed against the drafter shall not apply to this 444License. 445 44612. RESPONSIBILITY FOR CLAIMS. 447 448As between Initial Developer and the Contributors, each party is 449responsible for claims and damages arising, directly or indirectly, 450out of its utilization of rights under this License and You agree to 451work with Initial Developer and Contributors to distribute such 452responsibility on an equitable basis. Nothing herein is intended or 453shall be deemed to constitute any admission of liability. 454 45513. MULTIPLE-LICENSED CODE. 456 457Initial Developer may designate portions of the Covered Code as 458?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial 459Developer permits you to utilize portions of the Covered Code under 460Your choice of the alternative licenses, if any, specified by the 461Initial Developer in the file described in Exhibit A. 462 463Exhibit A -Sun Public License Notice. 464 465The contents of this file are subject to the Sun Public License 466 467Version 1.0 (the License); you may not use this file except in 468 469compliance with the License. A copy of the License is available at 470 471http://www.sun.com/ 472 473The Original Code is _________________. The Initial Developer of the 474 475Original Code is ___________. Portions created by ______ are Copyright 476 477(C)_________. All Rights Reserved. 478 479Contributor(s): ______________________________________. 480 481Alternatively, the contents of this file may be used under the terms 482 483of the _____ license (the ?[___] License?), in which case the 484 485provisions of [______] License are applicable instead of those above. 486 487If you wish to allow use of your version of this file only under the 488 489terms of the [____] License and not to allow others to use your 490 491version of this file under the SPL, indicate your decision by deleting 492 493the provisions above and replace them with the notice and other 494 495provisions required by the [___] License. If you do not delete the 496 497provisions above, a recipient may use your version of this file under 498 499either the SPL or the [___] License. 500[NOTE: The text of this Exhibit A may differ slightly from the text of 501 502the notices in the Source Code files of the Original Code. You should 503 504use the text of this Exhibit A rather than the text found in the 505 506Original Code Source Code for Your Modifications.] 507 508