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{{license
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#REDIRECT [[License:SPL-1.0]]
|Name= Sun Public License Version 1.0
 
|URL= http://java.sun.com/spl.html
 
|Comment=
 
|Full text=
 
 
 
 
 
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.]  
 
 
 
}}
 

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