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− | {{license
| + | #REDIRECT [[License:SPL-1.0]] |
− | |Name= Sun Public License Version 1.0
| |
− | |URL= http://java.sun.com/spl.html
| |
− | |Comment=
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− | |Full text=
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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.
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− | | |
− | 1.5. "Executable" means Covered Code in any form other than Source
| |
− | Code.
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− | | |
− | 1.6. "Initial Developer" means the individual or entity identified as
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− | the Initial Developer in the Source Code notice required by Exhibit A.
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− | | |
− | 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
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− | extent possible, whether at the time of the initial grant or
| |
− | subsequently acquired, any and all of the rights conveyed herein.
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− | | |
− | 1.9. "Modifications" means any addition to or deletion from the
| |
− | substance or structure of either the Original Code or any previous
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− | Modifications. When Covered Code is released as a series of files, a
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− | Modification is:
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− | | |
− | A. Any addition to or deletion from the contents of a file containing
| |
− | Original Code or previous Modifications.
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− | | |
− | B. Any new file that contains any part of the Original Code or
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− | previous Modifications.
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− | | |
− | 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.
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− | | |
− | 1.11. "Source Code" means the preferred form of the Covered Code for
| |
− | making modifications to it, including all modules it contains, plus
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− | any associated documentation, interface definition files, scripts used
| |
− | to control compilation and installation of an Executable, or source
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− | code differential comparisons against either the Original Code or
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− | 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.
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− | | |
− | 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.
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− | 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
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− | cause the direction or management of such entity, whether by contract
| |
− | or otherwise, or (b) ownership of more than fifty percent (50%) of the
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− | outstanding shares or beneficial ownership of such entity.
| |
− | | |
− | 2. Source Code License.
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− | | |
− | 2.1 The Initial Developer Grant.
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− | | |
− | 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
| |
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− | Original Code Source Code for Your Modifications.]
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