beanshell.license revision 3113
97a9a944b5887e91042b019776c41d5dd74557aferikabeleOracle elects to license this component under the Sun Public License Version 1.0.
97a9a944b5887e91042b019776c41d5dd74557aferikabele
97a9a944b5887e91042b019776c41d5dd74557aferikabele *****************************************************************************
a945f35eff8b6a88009ce73de6d4c862ce58de3cslive * *
a945f35eff8b6a88009ce73de6d4c862ce58de3cslive * This file is part of the BeanShell Java Scripting distribution. *
a945f35eff8b6a88009ce73de6d4c862ce58de3cslive * Documentation and updates may be found at http://www.beanshell.org/ *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd * Sun Public License Notice: *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd * The contents of this file are subject to the Sun Public License Version *
b686b6a420bde7f78c416b90be11db94cb789979nd * 1.0 (the "License"); you may not use this file except in compliance with *
b686b6a420bde7f78c416b90be11db94cb789979nd * the License. A copy of the License is available at http://www.sun.com *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd * The Original Code is BeanShell. The Initial Developer of the Original *
b686b6a420bde7f78c416b90be11db94cb789979nd * Code is Pat Niemeyer. Portions created by Pat Niemeyer are Copyright *
52fff662005b1866a3ff09bb6c902800c5cc6dedjerenkrantz * (C) 2000. All Rights Reserved. *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd * GNU Public License Notice: *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
4b5981e276e93df97c34e4da05ca5cf8bbd937dand * Alternatively, the contents of this file may be used under the terms of *
b686b6a420bde7f78c416b90be11db94cb789979nd * the GNU Lesser General Public License (the "LGPL"), in which case the *
b686b6a420bde7f78c416b90be11db94cb789979nd * provisions of LGPL are applicable instead of those above. If you wish to *
3b3b7fc78d1f5bfc2769903375050048ff41ff26nd * allow use of your version of this file only under the terms of the LGPL *
ad74a0524a06bfe11b7de9e3b4ce7233ab3bd3f7nd * and not to allow others to use your version of this file under the SPL, *
d28579afd45cc42da1422161721fb12f9cf366b9nd * indicate your decision by deleting the provisions above and replace *
7f5b59ccc63c0c0e3e678a168f09ee6a2f51f9d0nd * them with the notice and other provisions required by the LGPL. If you *
1ac39787115a288f5e848344b1b1e8dccb1c58f1nd * do not delete the provisions above, a recipient may use your version of *
1ac39787115a288f5e848344b1b1e8dccb1c58f1nd * this file under either the SPL or the LGPL. *
3b3b7fc78d1f5bfc2769903375050048ff41ff26nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd * Patrick Niemeyer (pat@pat.net) *
b686b6a420bde7f78c416b90be11db94cb789979nd * Author of Learning Java, O'Reilly & Associates *
b686b6a420bde7f78c416b90be11db94cb789979nd * http://www.pat.net/~pat/ *
b686b6a420bde7f78c416b90be11db94cb789979nd * *
b686b6a420bde7f78c416b90be11db94cb789979nd *****************************************************************************
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd
06ba4a61654b3763ad65f52283832ebf058fdf1csliveSUN PUBLIC LICENSE Version 1.0
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
06ba4a61654b3763ad65f52283832ebf058fdf1cslive1. Definitions.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
97a9a944b5887e91042b019776c41d5dd74557aferikabele 1.0.1. "Commercial Use" means distribution or otherwise making the
06ba4a61654b3763ad65f52283832ebf058fdf1cslive Covered Code available to a third party.
97a9a944b5887e91042b019776c41d5dd74557aferikabele
06ba4a61654b3763ad65f52283832ebf058fdf1cslive 1.1. "Contributor" means each entity that creates or contributes to
06ba4a61654b3763ad65f52283832ebf058fdf1cslive the creation of Modifications.
97a9a944b5887e91042b019776c41d5dd74557aferikabele
06ba4a61654b3763ad65f52283832ebf058fdf1cslive 1.2. "Contributor Version" means the combination of the Original Code,
06ba4a61654b3763ad65f52283832ebf058fdf1cslive prior Modifications used by a Contributor, and the Modifications made
06ba4a61654b3763ad65f52283832ebf058fdf1cslive by that particular Contributor.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
06ba4a61654b3763ad65f52283832ebf058fdf1cslive 1.3. "Covered Code" means the Original Code or Modifications or the
06ba4a61654b3763ad65f52283832ebf058fdf1cslive combination of the Original Code and Modifications, in each case
06ba4a61654b3763ad65f52283832ebf058fdf1cslive including portions thereof and corresponding documentation released
06ba4a61654b3763ad65f52283832ebf058fdf1cslive with the source code.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
97a9a944b5887e91042b019776c41d5dd74557aferikabele 1.4. "Electronic Distribution Mechanism" means a mechanism generally
06ba4a61654b3763ad65f52283832ebf058fdf1cslive accepted in the software development community for the electronic
b686b6a420bde7f78c416b90be11db94cb789979nd transfer of data.
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd 1.5. "Executable" means Covered Code in any form other than Source
b686b6a420bde7f78c416b90be11db94cb789979nd Code.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen 1.6. "Initial Developer" means the individual or entity identified as
b686b6a420bde7f78c416b90be11db94cb789979nd the Initial Developer in the Source Code notice required by Exhibit A.
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd 1.7. "Larger Work" means a work which combines Covered Code or
b686b6a420bde7f78c416b90be11db94cb789979nd portions thereof with code not governed by the terms of this License.
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd 1.8. "License" means this document.
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd 1.8.1. "Licensable" means having the right to grant, to the maximum
b686b6a420bde7f78c416b90be11db94cb789979nd extent possible, whether at the time of the initial grant or
b6d2c204c150843e48f6787c1090ae75b718896ecovener subsequently acquired, any and all of the rights conveyed herein.
b686b6a420bde7f78c416b90be11db94cb789979nd
b686b6a420bde7f78c416b90be11db94cb789979nd 1.9. "Modifications" means any addition to or deletion from the
b686b6a420bde7f78c416b90be11db94cb789979nd substance or structure of either the Original Code or any previous
b686b6a420bde7f78c416b90be11db94cb789979nd Modifications. When Covered Code is released as a series of files, a
b686b6a420bde7f78c416b90be11db94cb789979nd Modification is:
b686b6a420bde7f78c416b90be11db94cb789979nd
06ba4a61654b3763ad65f52283832ebf058fdf1cslive A. Any addition to or deletion from the contents of a file containing
06ba4a61654b3763ad65f52283832ebf058fdf1cslive Original Code or previous Modifications.
1887c0b8ceab2c8d64a1e5b3aa512e77b86b49fayoshiki
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd B. Any new file that contains any part of the Original Code or
06ba4a61654b3763ad65f52283832ebf058fdf1cslive previous Modifications.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
06ba4a61654b3763ad65f52283832ebf058fdf1cslive 1.10. "Original Code" means Source Code of computer software code
06ba4a61654b3763ad65f52283832ebf058fdf1cslive which is described in the Source Code notice required by Exhibit A as
06ba4a61654b3763ad65f52283832ebf058fdf1cslive Original Code, and which, at the time of its release under this
06ba4a61654b3763ad65f52283832ebf058fdf1cslive License is not already Covered Code governed by this License.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd 1.10.1. "Patent Claims" means any patent claim(s), now owned or
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd hereafter acquired, including without limitation, method, process, and
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd apparatus claims, in any patent Licensable by grantor.
06ba4a61654b3763ad65f52283832ebf058fdf1cslive
06ba4a61654b3763ad65f52283832ebf058fdf1cslive 1.11. "Source Code" means the preferred form of the Covered Code for
06ba4a61654b3763ad65f52283832ebf058fdf1cslive making modifications to it, including all modules it contains, plus
06ba4a61654b3763ad65f52283832ebf058fdf1cslive any associated documentation, interface definition files, scripts used
06ba4a61654b3763ad65f52283832ebf058fdf1cslive to control compilation and installation of an Executable, or source
06ba4a61654b3763ad65f52283832ebf058fdf1cslive code differential comparisons against either the Original Code or
06ba4a61654b3763ad65f52283832ebf058fdf1cslive another well known, available Covered Code of the Contributor's
06ba4a61654b3763ad65f52283832ebf058fdf1cslive choice. The Source Code can be in a compressed or archival form,
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd provided the appropriate decompression or de-archiving software is
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd widely available for no charge.
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd 1.12. "You" (or "Your") means an individual or a legal entity
06ba4a61654b3763ad65f52283832ebf058fdf1cslive exercising rights under, and complying with all of the terms of, this
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd License or a future version of this License issued under Section 6.1.
f5cbf3a7818c08d2f19c04fdf4f47257eea7d3c6nd For legal entities, "You" includes any entity which controls, is
b686b6a420bde7f78c416b90be11db94cb789979nd controlled by, or is under common control with You. For purposes of
b6d2c204c150843e48f6787c1090ae75b718896ecovener this definition, "control" means (a) the power, direct or indirect, to
b6d2c204c150843e48f6787c1090ae75b718896ecovener cause the direction or management of such entity, whether by contract
b6d2c204c150843e48f6787c1090ae75b718896ecovener or otherwise, or (b) ownership of more than fifty percent (50%) of the
b6d2c204c150843e48f6787c1090ae75b718896ecovener outstanding shares or beneficial ownership of such entity.
63de18ba5e922ffaab500317d7d1d0ad6b27b7e2covener
63de18ba5e922ffaab500317d7d1d0ad6b27b7e2covener2. Source Code License.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd2.1 The Initial Developer Grant.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd The Initial Developer hereby grants You a world-wide, royalty-free,
4cc6016bd30b0852222630a0ed62805e36f345d1nd non-exclusive license, subject to third party intellectual property
4cc6016bd30b0852222630a0ed62805e36f345d1nd claims:
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (a) under intellectual property rights (other than patent or
4cc6016bd30b0852222630a0ed62805e36f345d1nd trademark) Licensable by Initial Developer to use, reproduce, modify,
4cc6016bd30b0852222630a0ed62805e36f345d1nd display, perform, sublicense and distribute the Original Code (or
4cc6016bd30b0852222630a0ed62805e36f345d1nd portions thereof) with or without Modifications, and/or as part of a
94aca1822ea6eaaecfa4ee8fb58b7c3264efd944nd Larger Work; and
4cc6016bd30b0852222630a0ed62805e36f345d1nd
b622a4d68a26af5386003d4c69a950bc1e157005rbowen (b) under Patent Claims infringed by the making, using or selling of
4cc6016bd30b0852222630a0ed62805e36f345d1nd Original Code, to make, have made, use, practice, sell, and offer for
4cc6016bd30b0852222630a0ed62805e36f345d1nd sale, and/or otherwise dispose of the Original Code (or portions
4cc6016bd30b0852222630a0ed62805e36f345d1nd thereof).
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (c) the licenses granted in this Section 2.1(a) and (b) are effective
90361ddfb3a8abaa0f8fb1729732062c78d8dc50niq on the date Initial Developer first distributes Original Code under
4cc6016bd30b0852222630a0ed62805e36f345d1nd the terms of this License.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (d) Notwithstanding Section 2.1(b) above, no patent license is
4cc6016bd30b0852222630a0ed62805e36f345d1nd granted: 1) for code that You delete from the Original Code; 2)
4cc6016bd30b0852222630a0ed62805e36f345d1nd separate from the Original Code; or 3) for infringements caused by:
4cc6016bd30b0852222630a0ed62805e36f345d1nd i) the modification of the Original Code or ii) the combination of the
4cc6016bd30b0852222630a0ed62805e36f345d1nd Original Code with other software or devices.
95d05f094d56c5986659f1aa7e57f258850b1287nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd2.2. Contributor Grant.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
b622a4d68a26af5386003d4c69a950bc1e157005rbowen Subject to third party intellectual property claims, each Contributor
b622a4d68a26af5386003d4c69a950bc1e157005rbowen hereby grants You a world-wide, royalty-free, non-exclusive license
b622a4d68a26af5386003d4c69a950bc1e157005rbowen
b622a4d68a26af5386003d4c69a950bc1e157005rbowen (a) under intellectual property rights (other than patent or
4cc6016bd30b0852222630a0ed62805e36f345d1nd trademark) Licensable by Contributor, to use, reproduce, modify,
4cc6016bd30b0852222630a0ed62805e36f345d1nd display, perform, sublicense and distribute the Modifications created
4cc6016bd30b0852222630a0ed62805e36f345d1nd by such Contributor (or portions thereof) either on an unmodified
4cc6016bd30b0852222630a0ed62805e36f345d1nd basis, with other Modifications, as Covered Code and/or as part of a
4cc6016bd30b0852222630a0ed62805e36f345d1nd Larger Work; and
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (b) under Patent Claims infringed by the making, using, or selling of
4cc6016bd30b0852222630a0ed62805e36f345d1nd Modifications made by that Contributor either alone and/or in
4cc6016bd30b0852222630a0ed62805e36f345d1nd combination with its Contributor Version (or portions of such
4cc6016bd30b0852222630a0ed62805e36f345d1nd combination), to make, use, sell, offer for sale, have made, and/or
4cc6016bd30b0852222630a0ed62805e36f345d1nd otherwise dispose of: 1) Modifications made by that Contributor (or
4cc6016bd30b0852222630a0ed62805e36f345d1nd portions thereof); and 2) the combination of Modifications made by
4cc6016bd30b0852222630a0ed62805e36f345d1nd that Contributor with its Contributor Version (or portions of such
4cc6016bd30b0852222630a0ed62805e36f345d1nd combination).
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
4cc6016bd30b0852222630a0ed62805e36f345d1nd on the date Contributor first makes Commercial Use of the Covered
4cc6016bd30b0852222630a0ed62805e36f345d1nd Code.
4cc6016bd30b0852222630a0ed62805e36f345d1nd
4cc6016bd30b0852222630a0ed62805e36f345d1nd (d) notwithstanding Section 2.2(b) above, no patent license is
4cc6016bd30b0852222630a0ed62805e36f345d1nd granted: 1) for any code that Contributor has deleted from the
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Contributor Version; 2) separate from the Contributor Version; 3) for
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen infringements caused by: i) third party modifications of Contributor
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Version or ii) the combination of Modifications made by that
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Contributor with other software (except as part of the Contributor
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Version) or other devices; or 4) under Patent Claims infringed by
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Covered Code in the absence of Modifications made by that Contributor.
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen3. Distribution Obligations.
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen3.1. Application of License.
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen The Modifications which You create or to which You contribute are
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen governed by the terms of this License, including without limitation
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Section 2.2. The Source Code version of Covered Code may be
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen distributed only under the terms of this License or a future version
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen of this License released under Section 6.1, and You must include a
3739b903eb6f5b0944056b2e98d5d8877d003c6figalic copy of this License with every copy of the Source Code You
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen distribute. You may not offer or impose any terms on any Source Code
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen version that alters or restricts the applicable version of this
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen License or the recipients' rights hereunder. However, You may include
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen an additional document offering the additional rights described in
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Section 3.5.
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen3.2. Availability of Source Code.
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Any Modification which You create or to which You contribute must be
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen made available in Source Code form under the terms of this License
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen either on the same media as an Executable version or via an accepted
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Electronic Distribution Mechanism to anyone to whom you made an
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Executable version available; and if made available via Electronic
3739b903eb6f5b0944056b2e98d5d8877d003c6figalic Distribution Mechanism, must remain available for at least twelve (12)
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen months after the date it initially became available, or at least six
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen (6) months after a subsequent version of that particular Modification
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen has been made available to such recipients. You are responsible for
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic ensuring that the Source Code version remains available even if the
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic Electronic Distribution Mechanism is maintained by a third party.
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic3.3. Description of Modifications.
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic You must cause all Covered Code to which You contribute to contain a
3739b903eb6f5b0944056b2e98d5d8877d003c6figalic file documenting the changes You made to create that Covered Code and
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic the date of any change. You must include a prominent statement that
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic the Modification is derived, directly or indirectly, from Original
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic Code provided by the Initial Developer and including the name of the
4f32f36773e84a2ec9a930f85b44d31fc0c0c2cfigalic Initial Developer in (a) the Source Code, and (b) in any notice in an
9750e43c0e01cbb2cda812fef5f341de512f03f5rbowen Executable version or related documentation in which You describe the
b686b6a420bde7f78c416b90be11db94cb789979nd origin or ownership of the Covered Code.
b686b6a420bde7f78c416b90be11db94cb789979nd
3b3b7fc78d1f5bfc2769903375050048ff41ff26nd3.4. Intellectual Property Matters.
ad74a0524a06bfe11b7de9e3b4ce7233ab3bd3f7nd
d28579afd45cc42da1422161721fb12f9cf366b9nd (a) Third Party Claims.
7f5b59ccc63c0c0e3e678a168f09ee6a2f51f9d0nd
1ac39787115a288f5e848344b1b1e8dccb1c58f1nd If Contributor has knowledge that a license under a third party's
1ac39787115a288f5e848344b1b1e8dccb1c58f1nd intellectual property rights is required to exercise the rights
3b3b7fc78d1f5bfc2769903375050048ff41ff26nd granted by such Contributor under Sections 2.1 or 2.2, Contributor
9c1260efa52c82c2a58e5b5f20cd6902563d95f5rbowen must include a text file with the Source Code distribution titled
b686b6a420bde7f78c416b90be11db94cb789979nd "LEGAL'' which describes the claim and the party making the claim in
1acae7fb634ac2b01682507175e072b168995e0dcolm 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.]