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-
-SUN PUBLIC LICENSE Version 1.0
-
-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.]
-
-
-
-
-
-