1Sun Industry Standards Source License - Version 1.1 2 31.0 DEFINITIONS 4 51.1 "Commercial Use" means distribution or otherwise making the Original Code 6available to a third party. 7 81.2 "Contributor Version" means the combination of the Original Code, and the 9Modifications made by that particular Contributor. 10 111.3 "Electronic Distribution Mechanism" means a mechanism generally accepted 12in the software development community for the electronic transfer of data. 13 141.4 "Executable" means Original Code in any form other than Source Code. 15 161.5 "Initial Developer" means the individual or entity identified as the 17Initial Developer in the Source Code notice required by Exhibit A. 18 191.6 "Larger Work" means a work which combines Original Code or portions 20thereof with code not governed by the terms of this License. 21 221.7 "License" means this document. 23 241.8 "Licensable" means having the right to grant, to the maximum extent 25possible, whether at the time of the initial grant or subsequently acquired, 26any and all of the rights conveyed herein. 27 281.9 "Modifications" means any addition to or deletion from the substance or 29structure of either the Original Code or any previous Modifications. A 30Modification is: 31 32A. Any addition to or deletion from the contents of a file containing Original 33Code or previous Modifications. 34 35B. Any new file that contains any part of the Original Code or previous 36Modifications. 37 381.10 "Original Code" means Source Code of computer software code which is 39described in the Source Code notice required by Exhibit A as Original Code. 40 411.11 "Patent Claims" means any patent claim(s), now owned or hereafter 42acquired, including without limitation, method, process, and apparatus claims, 43in any patent Licensable by grantor. 44 451.12 "Source Code" means the preferred form of the Original Code for making 46modifications to it, including all modules it contains, plus any associated 47interface definition files, or scripts used to control compilation and 48installation of an Executable. 49 501.13 "Standards" means the standards identified in Exhibit B. 51 521.14 "You" (or "Your") means an individual or a legal entity exercising rights 53under, and complying with all of the terms of, this License or a future 54version of this License issued under Section 6.1. For legal entities, 55"You'' includes any entity which controls, is controlled by, or is 56under common control with You. For purposes of this definition, 57"control'' means (a) the power, direct or indirect, to cause the 58direction or management of such entity, whether by contract or otherwise, or 59(b) ownership of more than fifty percent (50%) of the outstanding shares or 60beneficial ownership of such entity. 61 622.0 SOURCE CODE LICENSE 63 642.1 The Initial Developer Grant The Initial Developer hereby grants You a 65world-wide, royalty-free, non-exclusive license, subject to third party 66intellectual property claims: 67 68(a) under intellectual property rights (other than patent or trademark) 69Licensable by Initial Developer to use, reproduce, modify, display, perform, 70sublicense and distribute the Original Code (or portions thereof) with or 71without Modifications, and/or as part of a Larger Work; and 72 73(b) under Patents Claims infringed by the making, using or selling of Original 74Code, to make, have made, use, practice, sell, and offer for sale, and/or 75otherwise dispose of the Original Code (or portions thereof). 76 77(c) the licenses granted in this Section 2.1(a) and (b) are effective on the 78date Initial Developer first distributes Original Code under the terms of this 79License. 80 81(d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1) for 82code that You delete from the Original Code; 2) separate from the Original 83Code; or 3) for infringements caused by: i) the modification of the Original 84Code or ii) the combination of the Original Code with other software or 85devices, including but not limited to Modifications. 86 873.0 DISTRIBUTION OBLIGATIONS 88 893.1 Application of License. The Source Code version of Original Code may be 90distributed only under the terms of this License or a future version of this 91License released under Section 6.1, and You must include a copy of this 92License with every copy of the Source Code You distribute. You may not offer 93or impose any terms on any Source Code version that alters or restricts the 94applicable version of this License or the recipients' rights hereunder. 95Your license for shipment of the Contributor Version is conditioned upon Your 96full compliance with this Section. The Modifications which You create must 97comply with all requirements set out by the Standards body in effect one 98hundred twenty (120) days before You ship the Contributor Version. In the 99event that the Modifications do not meet such requirements, You agree to 100publish either (i) any deviation from the Standards protocol resulting from 101implementation of Your Modifications and a reference implementation of Your 102Modifications or (ii) Your Modifications in Source Code form, and to make any 103such deviation and reference implementation or Modifications available to all 104third parties under the same terms as this license on a royalty free basis 105within thirty (30) days of Your first customer shipment of Your Modifications. 106 1073.2 Required Notices. You must duplicate the notice in Exhibit A in each file 108of the Source Code. If it is not possible to put such notice in a particular 109Source Code file due to its structure, then You must include such notice in a 110location (such as a relevant directory) where a user would be likely to look 111for such a notice. If You created one or more Modification(s) You may add Your 112name as a Contributor to the notice described in Exhibit A. You must also 113duplicate this License in any documentation for the Source Code where You 114describe recipients' rights or ownership rights relating to Initial Code. 115You may choose to offer, and to charge a fee for, warranty, support, indemnity 116or liability obligations to one or more recipients of Your version of the 117Code. However, You may do so only on Your own behalf, and not on behalf of the 118Initial Developer. You must make it absolutely clear than any such warranty, 119support, indemnity or liability obligation is offered by You alone, and You 120hereby agree to indemnify the Initial Developer for any liability incurred by 121the Initial Developer as a result of warranty, support, indemnity or liability 122terms You offer. 123 1243.3 Distribution of Executable Versions. You may distribute Original Code in 125Executable and Source form only if the requirements of Sections 3.1 and 3.2 126have been met for that Original Code, and if You include a notice stating that 127the Source Code version of the Original Code is available under the terms of 128this License. The notice must be conspicuously included in any notice in an 129Executable or Source versions, related documentation or collateral in which 130You describe recipients' rights relating to the Original Code. You may 131distribute the Executable and Source versions of Your version of the Code or 132ownership rights under a license of Your choice, which may contain terms 133different from this License, provided that You are in compliance with the 134terms of this License. If You distribute the Executable and Source versions 135under a different license You must make it absolutely clear that any terms 136which differ from this License are offered by You alone, not by the Initial 137Developer. You hereby agree to indemnify the Initial Developer for any 138liability incurred by the Initial Developer as a result of any such terms You 139offer. 140 1413.4 Larger Works. You may create a Larger Work by combining Original Code with 142other code not governed by the terms of this License and distribute the Larger 143Work as a single product. In such a case, You must make sure the requirements 144of this License are fulfilled for the Original Code. 145 1464.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION 147 148If it is impossible for You to comply with any of the terms of this License 149with respect to some or all of the Original Code due to statute, judicial 150order, or regulation then You must: (a) comply with the terms of this License 151to the maximum extent possible; and (b) describe the limitations and the code 152they affect. Such description must be included in the LEGAL file described in 153Section 3.2 and must be included with all distributions of the Source Code. 154Except to the extent prohibited by statute or regulation, such description 155must be sufficiently detailed for a recipient of ordinary skill to be able to 156understand it. 157 1585.0 APPLICATION OF THIS LICENSE 159 160This License applies to code to which the Initial Developer has attached the 161notice in Exhibit A and to related Modifications as set out in Section 3.1. 162 1636.0 VERSIONS OF THE LICENSE 164 1656.1 New Versions. Sun may publish revised and/or new versions of the License 166from time to time. Each version will be given a distinguishing version number. 167 1686.2 Effect of New Versions. Once Original Code has been published under a 169particular version of the License, You may always continue to use it under the 170terms of that version. You may also choose to use such Original Code under the 171terms of any subsequent version of the License published by Sun. No one other 172than Sun has the right to modify the terms applicable to Original Code. 173 1747.0 DISCLAIMER OF WARRANTY 175 176ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT 177WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 178LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF DEFECTS, 179MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK 180AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY 181ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 182ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS 183DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE 184OF ANY ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 185 1868.0 TERMINATION 187 1888.1 This License and the rights granted hereunder will terminate automatically 189if You fail to comply with terms herein and fail to cure such breach within 30 190days of becoming aware of the breach. All sublicenses to the Original Code 191which are properly granted shall survive any termination of this License. 192Provisions which, by their nature, must remain in effect beyond the 193termination of this License shall survive. 194 1958.2 In the event of termination under Section 8.1 above, all end user license 196agreements (excluding distributors and resellers) which have been validly 197granted by You or any distributor hereunder prior to termination shall survive 198termination. 199 2009.0 LIMIT OF LIABILITY 201 202UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 203NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY 204OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, OR ANY SUPPLIER OF ANY 205OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, 206INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 207LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 208MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH 209PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS 210LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 211INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE 212LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION 213OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND 214LIMITATION MAY NOT APPLY TO YOU. 215 21610.0 U.S. GOVERNMENT END USERS 217 218U.S. Government: If this Software is being acquired by or on behalf of the 219U.S. Government or by a U.S. Government prime contractor or subcontractor (at 220any tier), then the Government's rights in the Software and accompanying 221documentation shall be only as set forth in this license; this is in 222accordance with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of 223Defense (DoD) acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD 224acquisitions). 225 22611.0 MISCELLANEOUS 227 228This License represents the complete agreement concerning subject matter 229hereof. If any provision of this License is held to be unenforceable, such 230provision shall be reformed only to the extent necessary to make it 231enforceable. This License shall be governed by California law provisions 232(except to the extent applicable law, if any, provides otherwise), excluding 233its conflict-of-law provisions. With respect to disputes in which at least one 234party is a citizen of, or an entity chartered or registered to do business in 235the United States of America, any litigation relating to this License shall be 236subject to the jurisdiction of the Federal Courts of the Northern District of 237California, with venue lying in Santa Clara County, California, with the 238losing party responsible for costs, including without limitation, court costs 239and reasonable attorneys' fees and expenses. The application of the 240United Nations Convention on Contracts for the International Sale of Goods is 241expressly excluded. Any law or regulation which provides that the language of 242a contract shall be construed against the drafter shall not apply to this 243License. 244 245EXHIBIT A - Sun Standards License 246 247"The contents of this file are subject to the Sun Standards License Version 2481.1 (the "License"); You may not use this file except in compliance with the 249License. You may obtain a copy of the License at 250_______________________________. 251 252Software distributed under the License is distributed on an "AS IS" basis, 253WITHOUT WARRANTY OF ANY KIND, either 254 255express or implied. See the License for the specific language governing rights 256and limitations under the License. 257 258The Original Code is ______________________________________. 259 260The Initial Developer of the Original Code is: 261 262Sun Microsystems, Inc.. 263 264Portions created by: _______________________________________ 265 266are Copyright (C): _______________________________________ 267 268All Rights Reserved. 269 270Contributor(s): _______________________________________ 271 272 EXHIBIT B - Standards 273 274The Standard is defined as the following: 275 276OpenOffice.org XML File Format Specification, located at 277http://xml.openoffice.org 278 279OpenOffice.org Application Programming Interface Specification, located at 280http://api.openoffice.org 281 282