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commit: 42146b8c7da32356003177c27c2fd97bcfb53a70 |
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Author: Ulrich Müller <ulm <AT> gentoo <DOT> org> |
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AuthorDate: Tue Sep 24 10:05:11 2019 +0000 |
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Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org> |
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CommitDate: Tue Sep 24 10:37:42 2019 +0000 |
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URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=42146b8c |
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|
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licenses: Sync CDDL from archived Sun page. |
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|
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Synced from: |
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https://web.archive.org/web/20090305064954/http://www.sun.com/cddl/cddl.html |
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|
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Only text changes are removal of bullet points ("*") and fixing the |
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section sign ("§") in section 8. Otherwise, only whitespace changes. |
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|
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Signed-off-by: Ulrich Müller <ulm <AT> gentoo.org> |
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|
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licenses/CDDL | 712 +++++++++++++++++++++++++++++----------------------------- |
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1 file changed, 356 insertions(+), 356 deletions(-) |
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|
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diff --git a/licenses/CDDL b/licenses/CDDL |
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index dc328c3db0e..91dddb1537d 100644 |
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--- a/licenses/CDDL |
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+++ b/licenses/CDDL |
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@@ -1,358 +1,358 @@ |
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- COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
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- Version 1.0 |
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+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
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+Version 1.0 |
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|
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- * 1. Definitions. |
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+1. Definitions. |
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|
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- * 1.1. "Contributor" means each individual or entity that creates |
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- or contributes to the creation of Modifications. |
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- |
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- * 1.2. "Contributor Version" means the combination of the Original |
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- Software, prior Modifications used by a Contributor (if any), and |
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- the Modifications made by that particular Contributor. |
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- |
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- * 1.3. "Covered Software" means (a) the Original Software, or (b) |
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- Modifications, or (c) the combination of files containing |
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- Original Software with files containing Modifications, in each |
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- case including portions thereof. |
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- |
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- * 1.4. "Executable" means the Covered Software in any form other |
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- than Source Code. |
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- |
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- * 1.5. "Initial Developer" means the individual or entity that |
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- first makes Original Software available under this License. |
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- |
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- * 1.6. "Larger Work" means a work which combines Covered Software |
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- or portions thereof with code not governed by the terms of this |
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- License. |
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- |
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- * 1.7. "License" means this document. |
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- |
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- * 1.8. "Licensable" means having the right to grant, to the maximum |
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- extent possible, whether at the time of the initial grant or |
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- subsequently acquired, any and all of the rights conveyed herein. |
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- |
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- * 1.9. "Modifications" means the Source Code and Executable form of |
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- any of the following: |
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- |
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- * A. Any file that results from an addition to, deletion from |
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- or modification of the contents of a file containing |
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- Original Software or previous Modifications; |
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- |
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- * B. Any new file that contains any part of the Original |
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- Software or previous Modification; or |
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- |
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- * C. Any new file that is contributed or otherwise made |
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- available under the terms of this License. |
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- |
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- * 1.10. "Original Software" means the Source Code and Executable |
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- form of computer software code that is originally released under |
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- this License. |
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- |
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- * 1.11. "Patent Claims" means any patent claim(s), now owned or |
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- hereafter acquired, including without limitation, method, |
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- process, and apparatus claims, in any patent Licensable by |
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- grantor. |
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- |
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- * 1.12. "Source Code" means (a) the common form of computer |
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- software code in which modifications are made and (b) associated |
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- documentation included in or with such code. |
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- |
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- * 1.13. "You" (or "Your") means an individual or a legal entity |
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- exercising rights under, and complying with all of the terms of, |
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- this License. For legal entities, "You" includes any entity which |
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- controls, is controlled by, or is under common control with You. |
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- For purposes of this definition, "control" means (a) the power, |
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- direct or indirect, to cause the direction or management of such |
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- entity, whether by contract or otherwise, or (b) ownership of |
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- more than fifty percent (50%) of the outstanding shares or |
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- beneficial ownership of such entity. |
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- |
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- * 2. License Grants. |
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- |
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- * 2.1. The Initial Developer Grant. |
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- |
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- Conditioned upon Your compliance with Section 3.1 below and |
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- subject to third party intellectual property claims, the Initial |
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- Developer hereby grants You a world-wide, royalty-free, |
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- non-exclusive license: |
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- |
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- * (a) under intellectual property rights (other than patent or |
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- trademark) Licensable by Initial Developer, to use, |
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- reproduce, modify, display, perform, sublicense and |
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- distribute the Original Software (or portions thereof), with |
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- or without Modifications, and/or as part of a Larger Work; |
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- and |
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- |
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- * (b) under Patent Claims infringed by the making, using or |
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- selling of Original Software, to make, have made, use, |
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- practice, sell, and offer for sale, and/or otherwise dispose |
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- of the Original Software (or portions thereof). |
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- |
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- * (c) The licenses granted in Sections 2.1(a) and (b) are |
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- effective on the date Initial Developer first distributes or |
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- otherwise makes the Original Software available to a third |
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- party under the terms of this License. |
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- |
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- * (d) Notwithstanding Section 2.1(b) above, no patent license |
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- is granted: (1) for code that You delete from the Original |
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- Software, or (2) for infringements caused by: (i) the |
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- modification of the Original Software, or (ii) the |
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- combination of the Original Software with other software or |
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- devices. |
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- |
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- * 2.2. Contributor Grant. |
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- |
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- Conditioned upon Your compliance with Section 3.1 below and |
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- subject to third party intellectual property claims, each |
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- Contributor hereby grants You a world-wide, royalty-free, |
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- non-exclusive license: |
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- |
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- * (a) under intellectual property rights (other than patent or |
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- trademark) Licensable by Contributor to use, reproduce, |
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- modify, display, perform, sublicense and distribute the |
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- Modifications created by such Contributor (or portions |
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- thereof), either on an unmodified basis, with other |
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- Modifications, as Covered Software and/or as part of a |
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- Larger Work; and |
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- |
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- * (b) under Patent Claims infringed by the making, using, or |
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- selling of Modifications made by that Contributor either |
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- alone and/or in combination with its Contributor Version (or |
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- portions of such combination), to make, use, sell, offer for |
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- sale, have made, and/or otherwise dispose of: |
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- (1) Modifications made by that Contributor (or portions |
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- thereof); and (2) the combination of Modifications made by |
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- that Contributor with its Contributor Version (or portions |
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- of such combination). |
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- |
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- * (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
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- effective on the date Contributor first distributes or |
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- otherwise makes the Modifications available to a third |
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- party. |
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- |
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- * (d) Notwithstanding Section 2.2(b) above, no patent license |
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- is granted: (1) for any code that Contributor has deleted |
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- from the Contributor Version; (2) for infringements caused |
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- by: (i) third party modifications of Contributor Version, or |
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- (ii) the combination of Modifications made by that |
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- Contributor with other software (except as part of the |
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- Contributor Version) or other devices; or (3) under Patent |
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- Claims infringed by Covered Software in the absence of |
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- Modifications made by that Contributor. |
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- |
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- * 3. Distribution Obligations. |
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- |
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- * 3.1. Availability of Source Code. |
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- |
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- Any Covered Software that You distribute or otherwise make |
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- available in Executable form must also be made available in |
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- Source Code form and that Source Code form must be distributed |
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- only under the terms of this License. You must include a copy of |
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- this License with every copy of the Source Code form of the |
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- Covered Software You distribute or otherwise make available. You |
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- must inform recipients of any such Covered Software in Executable |
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- form as to how they can obtain such Covered Software in Source |
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- Code form in a reasonable manner on or through a medium |
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- customarily used for software exchange. |
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- |
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- * 3.2. Modifications. |
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- |
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- The Modifications that You create or to which You contribute are |
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- governed by the terms of this License. You represent that You |
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- believe Your Modifications are Your original creation(s) and/or |
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- You have sufficient rights to grant the rights conveyed by this |
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- License. |
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- |
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- * 3.3. Required Notices. |
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- |
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- You must include a notice in each of Your Modifications that |
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- identifies You as the Contributor of the Modification. You may |
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- not remove or alter any copyright, patent or trademark notices |
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- contained within the Covered Software, or any notices of |
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- licensing or any descriptive text giving attribution to any |
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- Contributor or the Initial Developer. |
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- |
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- * 3.4. Application of Additional Terms. |
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- |
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- You may not offer or impose any terms on any Covered Software in |
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- Source Code form that alters or restricts the applicable version |
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- of this License or the recipients' rights hereunder. You may |
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- choose to offer, and to charge a fee for, warranty, support, |
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- indemnity or liability obligations to one or more recipients of |
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- Covered Software. However, you may do so only on Your own behalf, |
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- and not on behalf of the Initial Developer or any Contributor. |
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- You must make it absolutely clear that any such warranty, |
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- support, indemnity or liability obligation is offered by You |
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- alone, and You hereby agree to indemnify the Initial Developer |
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- and every Contributor for any liability incurred by the Initial |
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- Developer or such Contributor as a result of warranty, support, |
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- indemnity or liability terms You offer. |
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- |
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- * 3.5. Distribution of Executable Versions. |
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- |
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- You may distribute the Executable form of the Covered Software |
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- under the terms of this License or under the terms of a license |
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- of Your choice, which may contain terms different from this |
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- License, provided that You are in compliance with the terms of |
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- this License and that the license for the Executable form does |
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- not attempt to limit or alter the recipient's rights in the |
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- Source Code form from the rights set forth in this License. If |
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- You distribute the Covered Software in Executable form under a |
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- different license, You must make it absolutely clear that any |
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- terms which differ from this License are offered by You alone, |
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- not by the Initial Developer or Contributor. You hereby agree to |
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- indemnify the Initial Developer and every Contributor for any |
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- liability incurred by the Initial Developer or such Contributor |
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- as a result of any such terms You offer. |
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- |
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- * 3.6. Larger Works. |
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- |
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- You may create a Larger Work by combining Covered Software with |
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- other code not governed by the terms of this License and |
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- distribute the Larger Work as a single product. In such a case, |
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- You must make sure the requirements of this License are fulfilled |
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- for the Covered Software. |
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- |
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- * 4. Versions of the License. |
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- |
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- * 4.1. New Versions. |
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- |
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- Sun Microsystems, Inc. is the initial license steward and may |
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- publish revised and/or new versions of this License from time to |
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- time. Each version will be given a distinguishing version number. |
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- Except as provided in Section 4.3, no one other than the license |
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- steward has the right to modify this License. |
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- |
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- * 4.2. Effect of New Versions. |
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- |
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- You may always continue to use, distribute or otherwise make the |
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- Covered Software available under the terms of the version of the |
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- License under which You originally received the Covered Software. |
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- If the Initial Developer includes a notice in the Original |
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- Software prohibiting it from being distributed or otherwise made |
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- available under any subsequent version of the License, You must |
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- distribute and make the Covered Software available under the |
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- terms of the version of the License under which You originally |
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- received the Covered Software. Otherwise, You may also choose to |
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- use, distribute or otherwise make the Covered Software available |
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- under the terms of any subsequent version of the License |
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- published by the license steward. |
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- |
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- * 4.3. Modified Versions. |
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- |
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- When You are an Initial Developer and You want to create a new |
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- license for Your Original Software, You may create and use a |
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- modified version of this License if You: (a) rename the license |
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- and remove any references to the name of the license steward |
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- (except to note that the license differs from this License); and |
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- (b) otherwise make it clear that the license contains terms which |
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- differ from this License. |
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- |
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- * 5. DISCLAIMER OF WARRANTY. |
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- |
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- COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
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- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
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- WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
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- DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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- THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
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- SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN |
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- ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) |
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- ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS |
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- DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. |
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- NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER |
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- THIS DISCLAIMER. |
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- |
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- * 6. TERMINATION. |
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- |
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- * 6.1. This License and the rights granted hereunder will terminate |
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- automatically if You fail to comply with terms herein and fail to |
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- cure such breach within 30 days of becoming aware of the breach. |
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- Provisions which, by their nature, must remain in effect beyond |
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- the termination of this License shall survive. |
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- |
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- * 6.2. If You assert a patent infringement claim (excluding |
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- declaratory judgment actions) against Initial Developer or a |
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- Contributor (the Initial Developer or Contributor against whom |
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- You assert such claim is referred to as "Participant") alleging |
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- that the Participant Software (meaning the Contributor Version |
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- where the Participant is a Contributor or the Original Software |
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- where the Participant is the Initial Developer) directly or |
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- indirectly infringes any patent, then any and all rights granted |
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- directly or indirectly to You by such Participant, the Initial |
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- Developer (if the Initial Developer is not the Participant) and |
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- all Contributors under Sections 2.1 and/or 2.2 of this License |
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- shall, upon 60 days notice from Participant terminate |
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- prospectively and automatically at the expiration of such 60 day |
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- notice period, unless if within such 60 day period You withdraw |
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- Your claim with respect to the Participant Software against such |
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- Participant either unilaterally or pursuant to a written |
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- agreement with Participant. |
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- |
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- * 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
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- all end user licenses that have been validly granted by You or |
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- any distributor hereunder prior to termination (excluding |
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- licenses granted to You by any distributor) shall survive |
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- termination. |
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- |
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- * 7. LIMITATION OF LIABILITY. |
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- |
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- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
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- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
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- DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED |
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- SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
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- PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
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- OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
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- PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
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- MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN |
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- IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
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- DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
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- DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE |
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- EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
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- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
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- DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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- |
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- * 8. U.S. GOVERNMENT END USERS. |
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- |
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- The Covered Software is a "commercial item," as that term is defined |
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- in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
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- software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1)) |
347 |
- and "commercial computer software documentation" as such terms are |
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- used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. |
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- 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
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- U.S. Government End Users acquire Covered Software with only those |
351 |
- rights set forth herein. This U.S. Government Rights clause is in lieu |
352 |
- of, and supersedes, any other FAR, DFAR, or other clause or provision |
353 |
- that addresses Government rights in computer software under this |
354 |
- License. |
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- |
356 |
- * 9. MISCELLANEOUS. |
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- |
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- This License represents the complete agreement concerning subject |
359 |
- matter hereof. If any provision of this License is held to be |
360 |
- unenforceable, such provision shall be reformed only to the extent |
361 |
- necessary to make it enforceable. This License shall be governed by |
362 |
- the law of the jurisdiction specified in a notice contained within the |
363 |
- Original Software (except to the extent applicable law, if any, |
364 |
- provides otherwise), excluding such jurisdiction's conflict-of-law |
365 |
- provisions. Any litigation relating to this License shall be subject |
366 |
- to the jurisdiction of the courts located in the jurisdiction and |
367 |
- venue specified in a notice contained within the Original Software, |
368 |
- with the losing party responsible for costs, including, without |
369 |
- limitation, court costs and reasonable attorneys' fees and expenses. |
370 |
- The application of the United Nations Convention on Contracts for the |
371 |
- International Sale of Goods is expressly excluded. Any law or |
372 |
- regulation which provides that the language of a contract shall be |
373 |
- construed against the drafter shall not apply to this License. You |
374 |
- agree that You alone are responsible for compliance with the United |
375 |
- States export administration regulations (and the export control laws |
376 |
- and regulation of any other countries) when You use, distribute or |
377 |
- otherwise make available any Covered Software. |
378 |
- |
379 |
- * 10. RESPONSIBILITY FOR CLAIMS. |
380 |
- |
381 |
- As between Initial Developer and the Contributors, each party is |
382 |
- responsible for claims and damages arising, directly or indirectly, |
383 |
- out of its utilization of rights under this License and You agree to |
384 |
- work with Initial Developer and Contributors to distribute such |
385 |
- responsibility on an equitable basis. Nothing herein is intended or |
386 |
- shall be deemed to constitute any admission of liability. |
387 |
+ 1.1. "Contributor" means each individual or entity that creates |
388 |
+ or contributes to the creation of Modifications. |
389 |
+ |
390 |
+ 1.2. "Contributor Version" means the combination of the Original |
391 |
+ Software, prior Modifications used by a Contributor (if any), and |
392 |
+ the Modifications made by that particular Contributor. |
393 |
+ |
394 |
+ 1.3. "Covered Software" means (a) the Original Software, or |
395 |
+ (b) Modifications, or (c) the combination of files containing |
396 |
+ Original Software with files containing Modifications, in each |
397 |
+ case including portions thereof. |
398 |
+ |
399 |
+ 1.4. "Executable" means the Covered Software in any form other |
400 |
+ than Source Code. |
401 |
+ |
402 |
+ 1.5. "Initial Developer" means the individual or entity that |
403 |
+ first makes Original Software available under this License. |
404 |
+ |
405 |
+ 1.6. "Larger Work" means a work which combines Covered Software |
406 |
+ or portions thereof with code not governed by the terms of this |
407 |
+ License. |
408 |
+ |
409 |
+ 1.7. "License" means this document. |
410 |
+ |
411 |
+ 1.8. "Licensable" means having the right to grant, to the maximum |
412 |
+ extent possible, whether at the time of the initial grant or |
413 |
+ subsequently acquired, any and all of the rights conveyed herein. |
414 |
+ |
415 |
+ 1.9. "Modifications" means the Source Code and Executable form of |
416 |
+ any of the following: |
417 |
+ |
418 |
+ A. Any file that results from an addition to, deletion from |
419 |
+ or modification of the contents of a file containing |
420 |
+ Original Software or previous Modifications; |
421 |
+ |
422 |
+ B. Any new file that contains any part of the Original |
423 |
+ Software or previous Modification; or |
424 |
+ |
425 |
+ C. Any new file that is contributed or otherwise made |
426 |
+ available under the terms of this License. |
427 |
+ |
428 |
+ 1.10. "Original Software" means the Source Code and Executable |
429 |
+ form of computer software code that is originally released under |
430 |
+ this License. |
431 |
+ |
432 |
+ 1.11. "Patent Claims" means any patent claim(s), now owned or |
433 |
+ hereafter acquired, including without limitation, method, |
434 |
+ process, and apparatus claims, in any patent Licensable by |
435 |
+ grantor. |
436 |
+ |
437 |
+ 1.12. "Source Code" means (a) the common form of computer |
438 |
+ software code in which modifications are made and (b) associated |
439 |
+ documentation included in or with such code. |
440 |
+ |
441 |
+ 1.13. "You" (or "Your") means an individual or a legal entity |
442 |
+ exercising rights under, and complying with all of the terms of, |
443 |
+ this License. For legal entities, "You" includes any entity which |
444 |
+ controls, is controlled by, or is under common control with You. |
445 |
+ For purposes of this definition, "control" means (a) the power, |
446 |
+ direct or indirect, to cause the direction or management of such |
447 |
+ entity, whether by contract or otherwise, or (b) ownership of |
448 |
+ more than fifty percent (50%) of the outstanding shares or |
449 |
+ beneficial ownership of such entity. |
450 |
+ |
451 |
+2. License Grants. |
452 |
+ |
453 |
+ 2.1. The Initial Developer Grant. |
454 |
+ |
455 |
+ Conditioned upon Your compliance with Section 3.1 below and |
456 |
+ subject to third party intellectual property claims, the Initial |
457 |
+ Developer hereby grants You a world-wide, royalty-free, |
458 |
+ non-exclusive license: |
459 |
+ |
460 |
+ (a) under intellectual property rights (other than patent or |
461 |
+ trademark) Licensable by Initial Developer, to use, |
462 |
+ reproduce, modify, display, perform, sublicense and |
463 |
+ distribute the Original Software (or portions thereof), with |
464 |
+ or without Modifications, and/or as part of a Larger Work; |
465 |
+ and |
466 |
+ |
467 |
+ (b) under Patent Claims infringed by the making, using or |
468 |
+ selling of Original Software, to make, have made, use, |
469 |
+ practice, sell, and offer for sale, and/or otherwise dispose |
470 |
+ of the Original Software (or portions thereof). |
471 |
+ |
472 |
+ (c) The licenses granted in Sections 2.1(a) and (b) are |
473 |
+ effective on the date Initial Developer first distributes or |
474 |
+ otherwise makes the Original Software available to a third |
475 |
+ party under the terms of this License. |
476 |
+ |
477 |
+ (d) Notwithstanding Section 2.1(b) above, no patent license |
478 |
+ is granted: (1) for code that You delete from the Original |
479 |
+ Software, or (2) for infringements caused by: (i) the |
480 |
+ modification of the Original Software, or (ii) the |
481 |
+ combination of the Original Software with other software or |
482 |
+ devices. |
483 |
+ |
484 |
+ 2.2. Contributor Grant. |
485 |
+ |
486 |
+ Conditioned upon Your compliance with Section 3.1 below and |
487 |
+ subject to third party intellectual property claims, each |
488 |
+ Contributor hereby grants You a world-wide, royalty-free, |
489 |
+ non-exclusive license: |
490 |
+ |
491 |
+ (a) under intellectual property rights (other than patent or |
492 |
+ trademark) Licensable by Contributor to use, reproduce, |
493 |
+ modify, display, perform, sublicense and distribute the |
494 |
+ Modifications created by such Contributor (or portions |
495 |
+ thereof), either on an unmodified basis, with other |
496 |
+ Modifications, as Covered Software and/or as part of a |
497 |
+ Larger Work; and |
498 |
+ |
499 |
+ (b) under Patent Claims infringed by the making, using, or |
500 |
+ selling of Modifications made by that Contributor either |
501 |
+ alone and/or in combination with its Contributor Version (or |
502 |
+ portions of such combination), to make, use, sell, offer for |
503 |
+ sale, have made, and/or otherwise dispose of: |
504 |
+ (1) Modifications made by that Contributor (or portions |
505 |
+ thereof); and (2) the combination of Modifications made by |
506 |
+ that Contributor with its Contributor Version (or portions |
507 |
+ of such combination). |
508 |
+ |
509 |
+ (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
510 |
+ effective on the date Contributor first distributes or |
511 |
+ otherwise makes the Modifications available to a third |
512 |
+ party. |
513 |
+ |
514 |
+ (d) Notwithstanding Section 2.2(b) above, no patent license |
515 |
+ is granted: (1) for any code that Contributor has deleted |
516 |
+ from the Contributor Version; (2) for infringements caused |
517 |
+ by: (i) third party modifications of Contributor Version, or |
518 |
+ (ii) the combination of Modifications made by that |
519 |
+ Contributor with other software (except as part of the |
520 |
+ Contributor Version) or other devices; or (3) under Patent |
521 |
+ Claims infringed by Covered Software in the absence of |
522 |
+ Modifications made by that Contributor. |
523 |
+ |
524 |
+3. Distribution Obligations. |
525 |
+ |
526 |
+ 3.1. Availability of Source Code. |
527 |
+ |
528 |
+ Any Covered Software that You distribute or otherwise make |
529 |
+ available in Executable form must also be made available in |
530 |
+ Source Code form and that Source Code form must be distributed |
531 |
+ only under the terms of this License. You must include a copy of |
532 |
+ this License with every copy of the Source Code form of the |
533 |
+ Covered Software You distribute or otherwise make available. You |
534 |
+ must inform recipients of any such Covered Software in Executable |
535 |
+ form as to how they can obtain such Covered Software in Source |
536 |
+ Code form in a reasonable manner on or through a medium |
537 |
+ customarily used for software exchange. |
538 |
+ |
539 |
+ 3.2. Modifications. |
540 |
+ |
541 |
+ The Modifications that You create or to which You contribute are |
542 |
+ governed by the terms of this License. You represent that You |
543 |
+ believe Your Modifications are Your original creation(s) and/or |
544 |
+ You have sufficient rights to grant the rights conveyed by this |
545 |
+ License. |
546 |
+ |
547 |
+ 3.3. Required Notices. |
548 |
+ |
549 |
+ You must include a notice in each of Your Modifications that |
550 |
+ identifies You as the Contributor of the Modification. You may |
551 |
+ not remove or alter any copyright, patent or trademark notices |
552 |
+ contained within the Covered Software, or any notices of |
553 |
+ licensing or any descriptive text giving attribution to any |
554 |
+ Contributor or the Initial Developer. |
555 |
+ |
556 |
+ 3.4. Application of Additional Terms. |
557 |
+ |
558 |
+ You may not offer or impose any terms on any Covered Software in |
559 |
+ Source Code form that alters or restricts the applicable version |
560 |
+ of this License or the recipients' rights hereunder. You may |
561 |
+ choose to offer, and to charge a fee for, warranty, support, |
562 |
+ indemnity or liability obligations to one or more recipients of |
563 |
+ Covered Software. However, you may do so only on Your own behalf, |
564 |
+ and not on behalf of the Initial Developer or any Contributor. |
565 |
+ You must make it absolutely clear that any such warranty, |
566 |
+ support, indemnity or liability obligation is offered by You |
567 |
+ alone, and You hereby agree to indemnify the Initial Developer |
568 |
+ and every Contributor for any liability incurred by the Initial |
569 |
+ Developer or such Contributor as a result of warranty, support, |
570 |
+ indemnity or liability terms You offer. |
571 |
+ |
572 |
+ 3.5. Distribution of Executable Versions. |
573 |
+ |
574 |
+ You may distribute the Executable form of the Covered Software |
575 |
+ under the terms of this License or under the terms of a license |
576 |
+ of Your choice, which may contain terms different from this |
577 |
+ License, provided that You are in compliance with the terms of |
578 |
+ this License and that the license for the Executable form does |
579 |
+ not attempt to limit or alter the recipient's rights in the |
580 |
+ Source Code form from the rights set forth in this License. If |
581 |
+ You distribute the Covered Software in Executable form under a |
582 |
+ different license, You must make it absolutely clear that any |
583 |
+ terms which differ from this License are offered by You alone, |
584 |
+ not by the Initial Developer or Contributor. You hereby agree to |
585 |
+ indemnify the Initial Developer and every Contributor for any |
586 |
+ liability incurred by the Initial Developer or such Contributor |
587 |
+ as a result of any such terms You offer. |
588 |
+ |
589 |
+ 3.6. Larger Works. |
590 |
+ |
591 |
+ You may create a Larger Work by combining Covered Software with |
592 |
+ other code not governed by the terms of this License and |
593 |
+ distribute the Larger Work as a single product. In such a case, |
594 |
+ You must make sure the requirements of this License are fulfilled |
595 |
+ for the Covered Software. |
596 |
+ |
597 |
+4. Versions of the License. |
598 |
+ |
599 |
+ 4.1. New Versions. |
600 |
+ |
601 |
+ Sun Microsystems, Inc. is the initial license steward and may |
602 |
+ publish revised and/or new versions of this License from time to |
603 |
+ time. Each version will be given a distinguishing version number. |
604 |
+ Except as provided in Section 4.3, no one other than the license |
605 |
+ steward has the right to modify this License. |
606 |
+ |
607 |
+ 4.2. Effect of New Versions. |
608 |
+ |
609 |
+ You may always continue to use, distribute or otherwise make the |
610 |
+ Covered Software available under the terms of the version of the |
611 |
+ License under which You originally received the Covered Software. |
612 |
+ If the Initial Developer includes a notice in the Original |
613 |
+ Software prohibiting it from being distributed or otherwise made |
614 |
+ available under any subsequent version of the License, You must |
615 |
+ distribute and make the Covered Software available under the |
616 |
+ terms of the version of the License under which You originally |
617 |
+ received the Covered Software. Otherwise, You may also choose to |
618 |
+ use, distribute or otherwise make the Covered Software available |
619 |
+ under the terms of any subsequent version of the License |
620 |
+ published by the license steward. |
621 |
+ |
622 |
+ 4.3. Modified Versions. |
623 |
+ |
624 |
+ When You are an Initial Developer and You want to create a new |
625 |
+ license for Your Original Software, You may create and use a |
626 |
+ modified version of this License if You: (a) rename the license |
627 |
+ and remove any references to the name of the license steward |
628 |
+ (except to note that the license differs from this License); and |
629 |
+ (b) otherwise make it clear that the license contains terms which |
630 |
+ differ from this License. |
631 |
+ |
632 |
+5. DISCLAIMER OF WARRANTY. |
633 |
+ |
634 |
+COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
635 |
+WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
636 |
+WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
637 |
+DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
638 |
+THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
639 |
+SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN |
640 |
+ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) |
641 |
+ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS |
642 |
+DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. |
643 |
+NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER |
644 |
+THIS DISCLAIMER. |
645 |
+ |
646 |
+6. TERMINATION. |
647 |
+ |
648 |
+ 6.1. This License and the rights granted hereunder will terminate |
649 |
+ automatically if You fail to comply with terms herein and fail to |
650 |
+ cure such breach within 30 days of becoming aware of the breach. |
651 |
+ Provisions which, by their nature, must remain in effect beyond |
652 |
+ the termination of this License shall survive. |
653 |
+ |
654 |
+ 6.2. If You assert a patent infringement claim (excluding |
655 |
+ declaratory judgment actions) against Initial Developer or a |
656 |
+ Contributor (the Initial Developer or Contributor against whom |
657 |
+ You assert such claim is referred to as "Participant") alleging |
658 |
+ that the Participant Software (meaning the Contributor Version |
659 |
+ where the Participant is a Contributor or the Original Software |
660 |
+ where the Participant is the Initial Developer) directly or |
661 |
+ indirectly infringes any patent, then any and all rights granted |
662 |
+ directly or indirectly to You by such Participant, the Initial |
663 |
+ Developer (if the Initial Developer is not the Participant) and |
664 |
+ all Contributors under Sections 2.1 and/or 2.2 of this License |
665 |
+ shall, upon 60 days notice from Participant terminate |
666 |
+ prospectively and automatically at the expiration of such 60 day |
667 |
+ notice period, unless if within such 60 day period You withdraw |
668 |
+ Your claim with respect to the Participant Software against such |
669 |
+ Participant either unilaterally or pursuant to a written |
670 |
+ agreement with Participant. |
671 |
+ |
672 |
+ 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
673 |
+ all end user licenses that have been validly granted by You or |
674 |
+ any distributor hereunder prior to termination (excluding |
675 |
+ licenses granted to You by any distributor) shall survive |
676 |
+ termination. |
677 |
+ |
678 |
+7. LIMITATION OF LIABILITY. |
679 |
+ |
680 |
+UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
681 |
+(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
682 |
+DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED |
683 |
+SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
684 |
+PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
685 |
+OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
686 |
+PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
687 |
+MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN |
688 |
+IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
689 |
+DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
690 |
+DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE |
691 |
+EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
692 |
+NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
693 |
+DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
694 |
+ |
695 |
+8. U.S. GOVERNMENT END USERS. |
696 |
+ |
697 |
+The Covered Software is a "commercial item," as that term is defined |
698 |
+in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
699 |
+software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) |
700 |
+and "commercial computer software documentation" as such terms are |
701 |
+used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. |
702 |
+12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
703 |
+U.S. Government End Users acquire Covered Software with only those |
704 |
+rights set forth herein. This U.S. Government Rights clause is in lieu |
705 |
+of, and supersedes, any other FAR, DFAR, or other clause or provision |
706 |
+that addresses Government rights in computer software under this |
707 |
+License. |
708 |
+ |
709 |
+9. MISCELLANEOUS. |
710 |
+ |
711 |
+This License represents the complete agreement concerning subject |
712 |
+matter hereof. If any provision of this License is held to be |
713 |
+unenforceable, such provision shall be reformed only to the extent |
714 |
+necessary to make it enforceable. This License shall be governed by |
715 |
+the law of the jurisdiction specified in a notice contained within the |
716 |
+Original Software (except to the extent applicable law, if any, |
717 |
+provides otherwise), excluding such jurisdiction's conflict-of-law |
718 |
+provisions. Any litigation relating to this License shall be subject |
719 |
+to the jurisdiction of the courts located in the jurisdiction and |
720 |
+venue specified in a notice contained within the Original Software, |
721 |
+with the losing party responsible for costs, including, without |
722 |
+limitation, court costs and reasonable attorneys' fees and expenses. |
723 |
+The application of the United Nations Convention on Contracts for the |
724 |
+International Sale of Goods is expressly excluded. Any law or |
725 |
+regulation which provides that the language of a contract shall be |
726 |
+construed against the drafter shall not apply to this License. You |
727 |
+agree that You alone are responsible for compliance with the United |
728 |
+States export administration regulations (and the export control laws |
729 |
+and regulation of any other countries) when You use, distribute or |
730 |
+otherwise make available any Covered Software. |
731 |
+ |
732 |
+10. RESPONSIBILITY FOR CLAIMS. |
733 |
+ |
734 |
+As between Initial Developer and the Contributors, each party is |
735 |
+responsible for claims and damages arising, directly or indirectly, |
736 |
+out of its utilization of rights under this License and You agree to |
737 |
+work with Initial Developer and Contributors to distribute such |
738 |
+responsibility on an equitable basis. Nothing herein is intended or |
739 |
+shall be deemed to constitute any admission of liability. |