SUN PUBLIC LICENSE
LITE Version 1.0
1. Definitions.
1.1. "Covered Code" means the Original Code including portions thereof
and corresponding documentation released with the source code.
1.2. "Executable" means Covered Code in any form other than Source Code.
1.3. "Initial Developer" means the individual or entity identified a
the Initial Developer in the Source Code notice required by Exhibit A.
1.4. "Larger Work" means a work which combines Covered Code or
portions thereof with code not governed by the terms of this License.
1.5. "License" means this document.
1.5.1. "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.
1.6. "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.
1.6.1. "Patent Claims" means any patent claim(s), now owned
hereafter acquired, including without limitation, method, process,
and apparatus claims, in any patent Licensable by grantor.
1.7. "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. 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.
1.8. "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
5.1. 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. 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(a) and (b) are
effective on the date Initial Developer first distributes
Original Code under the terms of this License.
(d) Notwithstanding Section 2(b) above, no patent license is
granted: 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.
3. Distribution Obligations.
3.1. 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.
3.2. Distribution of Executable Versions. You may distribute Covered
Code in Executable form only if the requirements of Section 3.1 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 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.
3.3. 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. 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.
5. Versions of the License.
5.1. 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.
5.2. 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.
5.3. 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-Lite," or "SPL-Lite" 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.)
6. 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.
7. TERMINATION.
7.1. 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.
7.2. If You initiate litigation by asserting a patent infringement
claim (excluding declaratory judgment actions) against Initial
Developer then any rights granted to You by Initial Developer
under Section 2.(b) are revoked effective as of the date You
first made, used, sold, distributed, or had made, Covered Code.
7.3. In the event of termination under Sections 7.1 or 7.2 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.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE,
SHALL THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, 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.
9. 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.
10. 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 Public License Notice.
The contents of this file are subject to the Sun Public License-Lite
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 ChorusOS ver. 5.1. The Initial Developer of
the Original Code is Sun Microsystems, Inc. Portions of the
Original Code created by Sun Microsystems, Inc. are copyright
1998 - 2002 Sun Microsystems, Inc. All Rights Reserved.
Parts of the source code are also subject to the GNU General Public License
(GPL) (located at http://www.gnu.org/licenses/gpl.html) the Mozilla Public
License (located at http://www.mozilla.org/MPL/MPL-1.1.html), the FreeBSD
license (located at http://www.freebsd.org/copyright/freebsd-license.html),
and the licenses contained in the "Read Me" file accompanying the
Original Code.
Contributor(s): ______________________________________.
[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.]
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