~ubuntu-branches/ubuntu/trusty/sunpinyin/trusty-proposed : revision 5

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License: LGPL-2.1 or CDDL

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21

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--------------------------------------------------------------------------------

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This library is free software; you can redistribute it and/or

39

modify it under the terms of the GNU Lesser General Public

40

License as published by the Free Software Foundation; either

41

version 2.1 of the License, or (at your option) any later version.

42

43

This library is distributed in the hope that it will be useful,

44

but WITHOUT ANY WARRANTY; without even the implied warranty of

45

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU

46

Lesser General Public License for more details.

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48

You should have received a copy of the GNU Lesser General Public

49

License along with this library; if not, write to the Free Software

50

Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301 USA

51

--------------------------------------------------------------------------------

52

On Debian systems, the complete text of the GNU Lesser General Public

53

License version 2.1 can be found in the file /usr/share/common-licenses/LGPL-2.1.

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55

--------------------------------------------------------------------------------

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The contents of this file are subject to the terms of either the GNU Lesser

57

General Public License Version 2.1 only ("LGPL") or the Common Development

58

and Distribution License ("CDDL")(collectively, the "License"). You may not

59

use this file except in compliance with the License. You can obtain a copy

60

of the CDDL at http://www.opensource.org/licenses/cddl1.php and a copy of

61

the LGPLv2.1 at http://www.opensource.org/licenses/lgpl-license.php. See the

62

License for the specific language governing permissions and limitations

63

under the License. When distributing the software, include this License

64

Header Notice in each file and include the full text of the License in the

65

License file as well as the following notice:

66

67

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION

68

LICENSE (CDDL)

69

70

For Covered Software in this distribution, this License shall be governed by

71

the laws of the State of California (excluding conflict-of-law provisions).

72

Any litigation relating to this License shall be subject to the jurisdiction

73

of the Federal Courts of the Northern District of California and the state

74

courts of the State of California, with venue lying in Santa Clara County,

75

California.

76

77

Contributor(s):

78

79

If you wish your version of this file to be governed by only the CDDL or

80

only the LGPL Version 2.1, indicate your decision by adding "[Contributor]"

81

elects to include this software in this distribution under the [CDDL or LGPL

82

Version 2.1] license." If you don't indicate a single choice of license, a

83

recipient has the option to distribute your version of this file under

84

either the CDDL or the LGPL Version 2.1, or to extend the choice of license

85

to its licensees as provided above. However, if you add LGPL Version 2.1

86

code and therefore, elected the LGPL Version 2 license, then the option

87

applies only if the new code is made subject to such option by the copyright

88

holder.

89

90

The complete text of the Common Development and Distribution License ("CDDL")

91

is here:

92

-------------------------------------------------------------------------------------

93

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0

94

95

1. Definitions.

96

97

1.1. "Contributor" means each individual or entity that creates

98

or contributes to the creation of Modifications.

99

100

1.2. "Contributor Version" means the combination of the Original

101

Software, prior Modifications used by a Contributor (if any),

102

and the Modifications made by that particular Contributor.

103

104

1.3. "Covered Software" means (a) the Original Software, or (b)

105

Modifications, or (c) the combination of files containing

106

Original Software with files containing Modifications, in

107

each case including portions thereof.

108

109

1.4. "Executable" means the Covered Software in any form other

110

than Source Code.

111

112

1.5. "Initial Developer" means the individual or entity that first

113

makes Original Software available under this License.

114

115

1.6. "Larger Work" means a work which combines Covered Software or

116

portions thereof with code not governed by the terms of this

117

License.

118

119

1.7. "License" means this document.

120

121

1.8. "Licensable" means having the right to grant, to the maximum

122

extent possible, whether at the time of the initial grant or

123

subsequently acquired, any and all of the rights conveyed

124

herein.

125

126

1.9. "Modifications" means the Source Code and Executable form of

127

any of the following:

128

129

A. Any file that results from an addition to, deletion from or

130

modification of the contents of a file containing Original

131

Software or previous Modifications;

132

133

B. Any new file that contains any part of the Original

134

Software or previous Modifications; or

135

136

C. Any new file that is contributed or otherwise made

137

available under the terms of this License.

138

139

1.10. "Original Software" means the Source Code and Executable

140

form of computer software code that is originally released

141

under this License.

142

143

1.11. "Patent Claims" means any patent claim(s), now owned or

144

hereafter acquired, including without limitation, method,

145

process, and apparatus claims, in any patent Licensable by

146

grantor.

147

148

1.12. "Source Code" means (a) the common form of computer software

149

code in which modifications are made and (b) associated

150

documentation included in or with such code.

151

152

1.13. "You" (or "Your") means an individual or a legal entity

153

exercising rights under, and complying with all of the terms

154

of, this License. For legal entities, "You" includes any

155

entity which controls, is controlled by, or is under common

156

control with You. For purposes of this definition,

157

"control" means (a) the power, direct or indirect, to cause

158

the direction or management of such entity, whether by

159

contract or otherwise, or (b) ownership of more than fifty

160

percent (50%) of the outstanding shares or beneficial

161

ownership of such entity.

162

163

2. License Grants.

164

165

2.1. The Initial Developer Grant.

166

167

Conditioned upon Your compliance with Section 3.1 below and

168

subject to third party intellectual property claims, the Initial

169

Developer hereby grants You a world-wide, royalty-free,

170

non-exclusive license:

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(a) under intellectual property rights (other than patent or

173

trademark) Licensable by Initial Developer, to use,

174

reproduce, modify, display, perform, sublicense and

175

distribute the Original Software (or portions thereof),

176

with or without Modifications, and/or as part of a Larger

177

Work; and

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(b) under Patent Claims infringed by the making, using or

180

selling of Original Software, to make, have made, use,

181

practice, sell, and offer for sale, and/or otherwise

182

dispose of the Original Software (or portions thereof).

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184

(c) The licenses granted in Sections 2.1(a) and (b) are

185

effective on the date Initial Developer first distributes

186

or otherwise makes the Original Software available to a

187

third party under the terms of this License.

188

189

(d) Notwithstanding Section 2.1(b) above, no patent license is

190

granted: (1) for code that You delete from the Original

191

Software, or (2) for infringements caused by: (i) the

192

modification of the Original Software, or (ii) the

193

combination of the Original Software with other software

194

or devices.

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196

2.2. Contributor Grant.

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Conditioned upon Your compliance with Section 3.1 below and

199

subject to third party intellectual property claims, each

200

Contributor hereby grants You a world-wide, royalty-free,

201

non-exclusive license:

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(a) under intellectual property rights (other than patent or

204

trademark) Licensable by Contributor to use, reproduce,

205

modify, display, perform, sublicense and distribute the

206

Modifications created by such Contributor (or portions

207

thereof), either on an unmodified basis, with other

208

Modifications, as Covered Software and/or as part of a

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Larger Work; and

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(b) under Patent Claims infringed by the making, using, or

212

selling of Modifications made by that Contributor either

213

alone and/or in combination with its Contributor Version

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(or portions of such combination), to make, use, sell,

215

offer for sale, have made, and/or otherwise dispose of:

216

(1) Modifications made by that Contributor (or portions

217

thereof); and (2) the combination of Modifications made by

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that Contributor with its Contributor Version (or portions

219

of such combination).

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221

(c) The licenses granted in Sections 2.2(a) and 2.2(b) are

222

effective on the date Contributor first distributes or

223

otherwise makes the Modifications available to a third

224

party.

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226

(d) Notwithstanding Section 2.2(b) above, no patent license is

227

granted: (1) for any code that Contributor has deleted

228

from the Contributor Version; (2) for infringements caused

229

by: (i) third party modifications of Contributor Version,

230

or (ii) the combination of Modifications made by that

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Contributor with other software (except as part of the

232

Contributor Version) or other devices; or (3) under Patent

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Claims infringed by Covered Software in the absence of

234

Modifications made by that Contributor.

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236

3. Distribution Obligations.

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238

3.1. Availability of Source Code.

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240

Any Covered Software that You distribute or otherwise make

241

available in Executable form must also be made available in Source

242

Code form and that Source Code form must be distributed only under

243

the terms of this License. You must include a copy of this

244

License with every copy of the Source Code form of the Covered

245

Software You distribute or otherwise make available. You must

246

inform recipients of any such Covered Software in Executable form

247

as to how they can obtain such Covered Software in Source Code

248

form in a reasonable manner on or through a medium customarily

249

used for software exchange.

250

251

3.2. Modifications.

252

253

The Modifications that You create or to which You contribute are

254

governed by the terms of this License. You represent that You

255

believe Your Modifications are Your original creation(s) and/or

256

You have sufficient rights to grant the rights conveyed by this

257

License.

258

259

3.3. Required Notices.

260

261

You must include a notice in each of Your Modifications that

262

identifies You as the Contributor of the Modification. You may

263

not remove or alter any copyright, patent or trademark notices

264

contained within the Covered Software, or any notices of licensing

265

or any descriptive text giving attribution to any Contributor or

266

the Initial Developer.

267

268

3.4. Application of Additional Terms.

269

270

You may not offer or impose any terms on any Covered Software in

271

Source Code form that alters or restricts the applicable version

272

of this License or the recipients' rights hereunder. You may

273

choose to offer, and to charge a fee for, warranty, support,

274

indemnity or liability obligations to one or more recipients of

275

Covered Software. However, you may do so only on Your own behalf,

276

and not on behalf of the Initial Developer or any Contributor.

277

You must make it absolutely clear that any such warranty, support,

278

indemnity or liability obligation is offered by You alone, and You

279

hereby agree to indemnify the Initial Developer and every

280

Contributor for any liability incurred by the Initial Developer or

281

such Contributor as a result of warranty, support, indemnity or

282

liability terms You offer.

283

284

3.5. Distribution of Executable Versions.

285

286

You may distribute the Executable form of the Covered Software

287

under the terms of this License or under the terms of a license of

288

Your choice, which may contain terms different from this License,

289

provided that You are in compliance with the terms of this License

290

and that the license for the Executable form does not attempt to

291

limit or alter the recipient's rights in the Source Code form from

292

the rights set forth in this License. If You distribute the

293

Covered Software in Executable form under a different license, You

294

must make it absolutely clear that any terms which differ from

295

this License are offered by You alone, not by the Initial

296

Developer or Contributor. You hereby agree to indemnify the

297

Initial Developer and every Contributor for any liability incurred

298

by the Initial Developer or such Contributor as a result of any

299

such terms You offer.

300

301

3.6. Larger Works.

302

303

You may create a Larger Work by combining Covered Software with

304

other code not governed by the terms of this License and

305

distribute the Larger Work as a single product. In such a case,

306

You must make sure the requirements of this License are fulfilled

307

for the Covered Software.

308

309

4. Versions of the License.

310

311

4.1. New Versions.

312

313

Sun Microsystems, Inc. is the initial license steward and may

314

publish revised and/or new versions of this License from time to

315

time. Each version will be given a distinguishing version number.

316

Except as provided in Section 4.3, no one other than the license

317

steward has the right to modify this License.

318

319

4.2. Effect of New Versions.

320

321

You may always continue to use, distribute or otherwise make the

322

Covered Software available under the terms of the version of the

323

License under which You originally received the Covered Software.

324

If the Initial Developer includes a notice in the Original

325

Software prohibiting it from being distributed or otherwise made

326

available under any subsequent version of the License, You must

327

distribute and make the Covered Software available under the terms

328

of the version of the License under which You originally received

329

the Covered Software. Otherwise, You may also choose to use,

330

distribute or otherwise make the Covered Software available under

331

the terms of any subsequent version of the License published by

332

the license steward.

333

334

4.3. Modified Versions.

335

336

When You are an Initial Developer and You want to create a new

337

license for Your Original Software, You may create and use a

338

modified version of this License if You: (a) rename the license

339

and remove any references to the name of the license steward

340

(except to note that the license differs from this License); and

341

(b) otherwise make it clear that the license contains terms which

342

differ from this License.

343

344

5. DISCLAIMER OF WARRANTY.

345

346

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"

347

BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

348

INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED

349

SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR

350

PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND

351

PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY

352

COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE

353

INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY

354

NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF

355

WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF

356

ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS

357

DISCLAIMER.

358

359

6. TERMINATION.

360

361

6.1. This License and the rights granted hereunder will terminate

362

automatically if You fail to comply with terms herein and fail to

363

cure such breach within 30 days of becoming aware of the breach.

364

Provisions which, by their nature, must remain in effect beyond

365

the termination of this License shall survive.

366

367

6.2. If You assert a patent infringement claim (excluding

368

declaratory judgment actions) against Initial Developer or a

369

Contributor (the Initial Developer or Contributor against whom You

370

assert such claim is referred to as "Participant") alleging that

371

the Participant Software (meaning the Contributor Version where

372

the Participant is a Contributor or the Original Software where

373

the Participant is the Initial Developer) directly or indirectly

374

infringes any patent, then any and all rights granted directly or

375

indirectly to You by such Participant, the Initial Developer (if

376

the Initial Developer is not the Participant) and all Contributors

377

under Sections 2.1 and/or 2.2 of this License shall, upon 60 days

378

notice from Participant terminate prospectively and automatically

379

at the expiration of such 60 day notice period, unless if within

380

such 60 day period You withdraw Your claim with respect to the

381

Participant Software against such Participant either unilaterally

382

or pursuant to a written agreement with Participant.

383

384

6.3. In the event of termination under Sections 6.1 or 6.2 above,

385

all end user licenses that have been validly granted by You or any

386

distributor hereunder prior to termination (excluding licenses

387

granted to You by any distributor) shall survive termination.

388

389

7. LIMITATION OF LIABILITY.

390

391

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

392

(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE

393

INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF

394

COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE

395

LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

396

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

397

LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK

398

STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

399

COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

400

INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

401

LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

402

INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT

403

APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

404

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

405

CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

406

APPLY TO YOU.

407

408

8. U.S. GOVERNMENT END USERS.

409

410

The Covered Software is a "commercial item," as that term is

411

defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

412

computer software" (as that term is defined at 48

413

C.F.R. 252.227-7014(a)(1)) and "commercial computer software

414

documentation" as such terms are used in 48 C.F.R. 12.212

415

(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48

416

C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all

417

U.S. Government End Users acquire Covered Software with only those

418

rights set forth herein. This U.S. Government Rights clause is in

419

lieu of, and supersedes, any other FAR, DFAR, or other clause or

420

provision that addresses Government rights in computer software

421

under this License.

422

423

9. MISCELLANEOUS.

424

425

This License represents the complete agreement concerning subject

426

matter hereof. If any provision of this License is held to be

427

unenforceable, such provision shall be reformed only to the extent

428

necessary to make it enforceable. This License shall be governed

429

by the law of the jurisdiction specified in a notice contained

430

within the Original Software (except to the extent applicable law,

431

if any, provides otherwise), excluding such jurisdiction's

432

conflict-of-law provisions. Any litigation relating to this

433

License shall be subject to the jurisdiction of the courts located

434

in the jurisdiction and venue specified in a notice contained

435

within the Original Software, with the losing party responsible

436

for costs, including, without limitation, court costs and

437

reasonable attorneys' fees and expenses. The application of the

438

United Nations Convention on Contracts for the International Sale

439

of Goods is expressly excluded. Any law or regulation which

440

provides that the language of a contract shall be construed

441

against the drafter shall not apply to this License. You agree

442

that You alone are responsible for compliance with the United

443

States export administration regulations (and the export control

444

laws and regulation of any other countries) when You use,

445

distribute or otherwise make available any Covered Software.

446

447

10. RESPONSIBILITY FOR CLAIMS.

448

449

As between Initial Developer and the Contributors, each party is

450

responsible for claims and damages arising, directly or

451

indirectly, out of its utilization of rights under this License

452

and You agree to work with Initial Developer and Contributors to

453

distribute such responsibility on an equitable basis. Nothing

454

herein is intended or shall be deemed to constitute any admission

455

of liability.

456

457

--------------------------------------------------------------------

458

459

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND

460

DISTRIBUTION LICENSE (CDDL)

461

462

For Covered Software in this distribution, this License shall

463

be governed by the laws of the State of California (excluding

464

conflict-of-law provisions).

465

466

Any litigation relating to this License shall be subject to the

467

jurisdiction of the Federal Courts of the Northern District of

468

California and the state courts of the State of California, with

469

venue lying in Santa Clara County, California.

470

22

License: LGPL-2.1 or CDDL

23

The contents of this file are subject to the terms of either the GNU Lesser

24

General Public License Version 2.1 only ("LGPL") or the Common Development

25

and Distribution License ("CDDL")(collectively, the "License"). You may not

26

use this file except in compliance with the License. You can obtain a copy

27

of the CDDL at http://www.opensource.org/licenses/cddl1.php and a copy of

28

the LGPLv2.1 at http://www.opensource.org/licenses/lgpl-license.php. See the

29

License for the specific language governing permissions and limitations

30

under the License. When distributing the software, include this License

31

Header Notice in each file and include the full text of the License in the

32

License file as well as the following notice:

33

.

34

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION

35

LICENSE (CDDL)

36

.

37

For Covered Software in this distribution, this License shall be governed by

38

the laws of the State of California (excluding conflict-of-law provisions).

39

Any litigation relating to this License shall be subject to the jurisdiction

40

of the Federal Courts of the Northern District of California and the state

41

courts of the State of California, with venue lying in Santa Clara County,

42

California.

43

.

44

Contributor(s):

45

.

46

If you wish your version of this file to be governed by only the CDDL or

47

only the LGPL Version 2.1, indicate your decision by adding "[Contributor]"

48

elects to include this software in this distribution under the [CDDL or LGPL

49

Version 2.1] license." If you don't indicate a single choice of license, a

50

recipient has the option to distribute your version of this file under

51

either the CDDL or the LGPL Version 2.1, or to extend the choice of license

52

to its licensees as provided above. However, if you add LGPL Version 2.1

53

code and therefore, elected the LGPL Version 2 license, then the option

54

applies only if the new code is made subject to such option by the copyright

55

holder.

56

57

License: LGPL-2.1

58

This library is free software; you can redistribute it and/or

59

modify it under the terms of the GNU Lesser General Public

60

License as published by the Free Software Foundation; version 2 of the

61

License.

62

.

63

This library is distributed in the hope that it will be useful,

64

but WITHOUT ANY WARRANTY; without even the implied warranty of

65

MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU

66

Lesser General Public License for more details.

67

.

68

You should have received a copy of the GNU Lesser General Public

69

License along with this library; if not, write to the Free Software

70

Foundation, Inc., 51 Franklin St, Fifth Floor, Boston, MA 02110-1301 USA

71

.

72

On Debian systems, the complete text of the GNU Lesser General Public

73

License version 2.1 can be found in the file /usr/share/common-licenses/LGPL-2.1.

74

75

License: CDDL

76

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0

77

.

78

1. Definitions.

79

.

80

1.1. "Contributor" means each individual or entity that

81

creates or contributes to the creation of Modifications.

82

.

83

1.2. "Contributor Version" means the combination of the

84

Original Software, prior Modifications used by a

85

Contributor (if any), and the Modifications made by that

86

particular Contributor.

87

.

88

1.3. "Covered Software" means (a) the Original Software, or

89

(b) Modifications, or (c) the combination of files

90

containing Original Software with files containing

91

Modifications, in each case including portions thereof.

92

.

93

1.4. "Executable" means the Covered Software in any form

94

other than Source Code.

95

.

96

1.5. "Initial Developer" means the individual or entity

97

that first makes Original Software available under this

98

License.

99

.

100

1.6. "Larger Work" means a work which combines Covered

101

Software or portions thereof with code not governed by the

102

terms of this License.

103

.

104

1.7. "License" means this document.

105

.

106

1.8. "Licensable" means having the right to grant, to the

107

maximum extent possible, whether at the time of the initial

108

grant or subsequently acquired, any and all of the rights

109

conveyed herein.

110

.

111

1.9. "Modifications" means the Source Code and Executable

112

form of any of the following:

113

.

114

A. Any file that results from an addition to,

115

deletion from or modification of the contents of a

116

file containing Original Software or previous

117

Modifications;

118

.

119

B. Any new file that contains any part of the

120

Original Software or previous Modification; or

121

.

122

C. Any new file that is contributed or otherwise made

123

available under the terms of this License.

124

.

125

1.10. "Original Software" means the Source Code and

126

Executable form of computer software code that is

127

originally released under this License.

128

.

129

1.11. "Patent Claims" means any patent claim(s), now owned

130

or hereafter acquired, including without limitation,

131

method, process, and apparatus claims, in any patent

132

Licensable by grantor.

133

.

134

1.12. "Source Code" means (a) the common form of computer

135

software code in which modifications are made and (b)

136

associated documentation included in or with such code.

137

.

138

1.13. "You" (or "Your") means an individual or a legal

139

entity exercising rights under, and complying with all of

140

the terms of, this License. For legal entities, "You"

141

includes any entity which controls, is controlled by, or is

142

under common control with You. For purposes of this

143

definition, "control" means (a) the power, direct or

144

indirect, to cause the direction or management of such

145

entity, whether by contract or otherwise, or (b) ownership

146

of more than fifty percent (50%) of the outstanding shares

147

or beneficial ownership of such entity.

148

.

149

2. License Grants.

150

.

151

2.1. The Initial Developer Grant.

152

.

153

Conditioned upon Your compliance with Section 3.1 below and

154

subject to third party intellectual property claims, the

155

Initial Developer hereby grants You a world-wide,

156

royalty-free, non-exclusive license:

157

.

158

(a) under intellectual property rights (other than

159

patent or trademark) Licensable by Initial Developer,

160

to use, reproduce, modify, display, perform,

161

sublicense and distribute the Original Software (or

162

portions thereof), with or without Modifications,

163

and/or as part of a Larger Work; and

164

.

165

(b) under Patent Claims infringed by the making,

166

using or selling of Original Software, to make, have

167

made, use, practice, sell, and offer for sale, and/or

168

otherwise dispose of the Original Software (or

169

portions thereof).

170

.

171

(c) The licenses granted in Sections 2.1(a) and (b)

172

are effective on the date Initial Developer first

173

distributes or otherwise makes the Original Software

174

available to a third party under the terms of this

175

License.

176

.

177

(d) Notwithstanding Section 2.1(b) above, no patent

178

license is granted: (1) for code that You delete from

179

the Original Software, or (2) for infringements

180

caused by: (i) the modification of the Original

181

Software, or (ii) the combination of the Original

182

Software with other software or devices.

183

.

184

2.2. Contributor Grant.

185

.

186

Conditioned upon Your compliance with Section 3.1 below and

187

subject to third party intellectual property claims, each

188

Contributor hereby grants You a world-wide, royalty-free,

189

non-exclusive license:

190

.

191

(a) under intellectual property rights (other than

192

patent or trademark) Licensable by Contributor to

193

use, reproduce, modify, display, perform, sublicense

194

and distribute the Modifications created by such

195

Contributor (or portions thereof), either on an

196

unmodified basis, with other Modifications, as

197

Covered Software and/or as part of a Larger Work; and

198

.

199

(b) under Patent Claims infringed by the making,

200

using, or selling of Modifications made by that

201

Contributor either alone and/or in combination with

202

its Contributor Version (or portions of such

203

combination), to make, use, sell, offer for sale,

204

have made, and/or otherwise dispose of: (1)

205

Modifications made by that Contributor (or portions

206

thereof); and (2) the combination of Modifications

207

made by that Contributor with its Contributor Version

208

(or portions of such combination).

209

.

210

(c) The licenses granted in Sections 2.2(a) and

211

2.2(b) are effective on the date Contributor first

212

distributes or otherwise makes the Modifications

213

available to a third party.

214

.

215

(d) Notwithstanding Section 2.2(b) above, no patent

216

license is granted: (1) for any code that Contributor

217

has deleted from the Contributor Version; (2) for

218

infringements caused by: (i) third party

219

modifications of Contributor Version, or (ii) the

220

combination of Modifications made by that Contributor

221

with other software (except as part of the

222

Contributor Version) or other devices; or (3) under

223

Patent Claims infringed by Covered Software in the

224

absence of Modifications made by that Contributor.

225

.

226

3. Distribution Obligations.

227

.

228

3.1. Availability of Source Code.

229

.

230

Any Covered Software that You distribute or otherwise make

231

available in Executable form must also be made available in

232

Source Code form and that Source Code form must be

233

distributed only under the terms of this License. You must

234

include a copy of this License with every copy of the

235

Source Code form of the Covered Software You distribute or

236

otherwise make available. You must inform recipients of any

237

such Covered Software in Executable form as to how they can

238

obtain such Covered Software in Source Code form in a

239

reasonable manner on or through a medium customarily used

240

for software exchange.

241

.

242

3.2. Modifications.

243

.

244

The Modifications that You create or to which You

245

contribute are governed by the terms of this License. You

246

represent that You believe Your Modifications are Your

247

original creation(s) and/or You have sufficient rights to

248

grant the rights conveyed by this License.

249

.

250

3.3. Required Notices.

251

.

252

You must include a notice in each of Your Modifications

253

that identifies You as the Contributor of the Modification.

254

You may not remove or alter any copyright, patent or

255

trademark notices contained within the Covered Software, or

256

any notices of licensing or any descriptive text giving

257

attribution to any Contributor or the Initial Developer.

258

.

259

3.4. Application of Additional Terms.

260

.

261

You may not offer or impose any terms on any Covered

262

Software in Source Code form that alters or restricts the

263

applicable version of this License or the recipients'

264

rights hereunder. You may choose to offer, and to charge a

265

fee for, warranty, support, indemnity or liability

266

obligations to one or more recipients of Covered Software.

267

However, you may do so only on Your own behalf, and not on

268

behalf of the Initial Developer or any Contributor. You

269

must make it absolutely clear that any such warranty,

270

support, indemnity or liability obligation is offered by

271

You alone, and You hereby agree to indemnify the Initial

272

Developer and every Contributor for any liability incurred

273

by the Initial Developer or such Contributor as a result of

274

warranty, support, indemnity or liability terms You offer.

275

.

276

3.5. Distribution of Executable Versions.

277

.

278

You may distribute the Executable form of the Covered

279

Software under the terms of this License or under the terms

280

of a license of Your choice, which may contain terms

281

different from this License, provided that You are in

282

compliance with the terms of this License and that the

283

license for the Executable form does not attempt to limit

284

or alter the recipient's rights in the Source Code form

285

from the rights set forth in this License. If You

286

distribute the Covered Software in Executable form under a

287

different license, You must make it absolutely clear that

288

any terms which differ from this License are offered by You

289

alone, not by the Initial Developer or Contributor. You

290

hereby agree to indemnify the Initial Developer and every

291

Contributor for any liability incurred by the Initial

292

Developer or such Contributor as a result of any such terms

293

You offer.

294

.

295

3.6. Larger Works.

296

.

297

You may create a Larger Work by combining Covered Software

298

with other code not governed by the terms of this License

299

and distribute the Larger Work as a single product. In such

300

a case, You must make sure the requirements of this License

301

are fulfilled for the Covered Software.

302

.

303

4. Versions of the License.

304

.

305

4.1. New Versions.

306

.

307

Sun Microsystems, Inc. is the initial license steward and

308

may publish revised and/or new versions of this License

309

from time to time. Each version will be given a

310

distinguishing version number. Except as provided in

311

Section 4.3, no one other than the license steward has the

312

right to modify this License.

313

.

314

4.2. Effect of New Versions.

315

.

316

You may always continue to use, distribute or otherwise

317

make the Covered Software available under the terms of the

318

version of the License under which You originally received

319

the Covered Software. If the Initial Developer includes a

320

notice in the Original Software prohibiting it from being

321

distributed or otherwise made available under any

322

subsequent version of the License, You must distribute and

323

make the Covered Software available under the terms of the

324

version of the License under which You originally received

325

the Covered Software. Otherwise, You may also choose to

326

use, distribute or otherwise make the Covered Software

327

available under the terms of any subsequent version of the

328

License published by the license steward.

329

.

330

4.3. Modified Versions.

331

.

332

When You are an Initial Developer and You want to create a

333

new license for Your Original Software, You may create and

334

use a modified version of this License if You: (a) rename

335

the license and remove any references to the name of the

336

license steward (except to note that the license differs

337

from this License); and (b) otherwise make it clear that

338

the license contains terms which differ from this License.

339

.

340

5. DISCLAIMER OF WARRANTY.

341

.

342

COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"

343

BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

344

INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED

345

SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR

346

PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND

347

PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY

348

COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE

349

INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF

350

ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF

351

WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF

352

ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS

353

DISCLAIMER.

354

.

355

6. TERMINATION.

356

.

357

6.1. This License and the rights granted hereunder will

358

terminate automatically if You fail to comply with terms

359

herein and fail to cure such breach within 30 days of

360

becoming aware of the breach. Provisions which, by their

361

nature, must remain in effect beyond the termination of

362

this License shall survive.

363

.

364

6.2. If You assert a patent infringement claim (excluding

365

declaratory judgment actions) against Initial Developer or

366

a Contributor (the Initial Developer or Contributor against

367

whom You assert such claim is referred to as "Participant")

368

alleging that the Participant Software (meaning the

369

Contributor Version where the Participant is a Contributor

370

or the Original Software where the Participant is the

371

Initial Developer) directly or indirectly infringes any

372

patent, then any and all rights granted directly or

373

indirectly to You by such Participant, the Initial

374

Developer (if the Initial Developer is not the Participant)

375

and all Contributors under Sections 2.1 and/or 2.2 of this

376

License shall, upon 60 days notice from Participant

377

terminate prospectively and automatically at the expiration

378

of such 60 day notice period, unless if within such 60 day

379

period You withdraw Your claim with respect to the

380

Participant Software against such Participant either

381

unilaterally or pursuant to a written agreement with

382

Participant.

383

.

384

6.3. In the event of termination under Sections 6.1 or 6.2

385

above, all end user licenses that have been validly granted

386

by You or any distributor hereunder prior to termination

387

(excluding licenses granted to You by any distributor)

388

shall survive termination.

389

.

390

7. LIMITATION OF LIABILITY.

391

.

392

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

393

(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE

394

INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF

395

COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE

396

LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

397

CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

398

LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK

399

STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

400

COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

401

INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF

402

LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

403

INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT

404

APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO

405

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

406

CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

407

APPLY TO YOU.

408

.

409

8. U.S. GOVERNMENT END USERS.

410

.

411

The Covered Software is a "commercial item," as that term is

412

defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

413

computer software" (as that term is defined at 48 C.F.R. ¤

414

252.227-7014(a)(1)) and "commercial computer software

415

documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.

416

1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1

417

through 227.7202-4 (June 1995), all U.S. Government End Users

418

acquire Covered Software with only those rights set forth herein.

419

This U.S. Government Rights clause is in lieu of, and supersedes,

420

any other FAR, DFAR, or other clause or provision that addresses

421

Government rights in computer software under this License.

422

.

423

9. MISCELLANEOUS.

424

.

425

This License represents the complete agreement concerning subject

426

matter hereof. If any provision of this License is held to be

427

unenforceable, such provision shall be reformed only to the

428

extent necessary to make it enforceable. This License shall be

429

governed by the law of the jurisdiction specified in a notice

430

contained within the Original Software (except to the extent

431

applicable law, if any, provides otherwise), excluding such

432

jurisdiction's conflict-of-law provisions. Any litigation

433

relating to this License shall be subject to the jurisdiction of

434

the courts located in the jurisdiction and venue specified in a

435

notice contained within the Original Software, with the losing

436

party responsible for costs, including, without limitation, court

437

costs and reasonable attorneys' fees and expenses. The

438

application of the United Nations Convention on Contracts for the

439

International Sale of Goods is expressly excluded. Any law or

440

regulation which provides that the language of a contract shall

441

be construed against the drafter shall not apply to this License.

442

You agree that You alone are responsible for compliance with the

443

United States export administration regulations (and the export

444

control laws and regulation of any other countries) when You use,

445

distribute or otherwise make available any Covered Software.

446

.

447

10. RESPONSIBILITY FOR CLAIMS.

448

.

449

As between Initial Developer and the Contributors, each party is

450

responsible for claims and damages arising, directly or

451

indirectly, out of its utilization of rights under this License

452

and You agree to work with Initial Developer and Contributors to

453

distribute such responsibility on an equitable basis. Nothing

454

herein is intended or shall be deemed to constitute any admission

455

of liability.