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Revision 1.1 - (show annotations) (download)
Thu Aug 1 10:52:31 2002 UTC (16 years, 4 months ago) by seemant
Branch: MAIN
CVS Tags: GENTOO_1_4_SNAP_2003010800
Branch point for: RELEASE-1_4
added SISSL for openoffice.org

1 Sun Industry Standards Source License - Version 1.1
2
3
4 1.0 DEFINITIONS
5
6 1.1 "Commercial Use" means distribution or otherwise making the
7 Original Code available to a third party.
8
9 1.2 "Contributor Version" means the combination of the Original Code,
10 and the Modifications made by that particular Contributor.
11
12 1.3 "Electronic Distribution Mechanism" means a mechanism generally
13 accepted in the software development community for the electronic
14 transfer of data.
15
16 1.4 "Executable" means Original Code in any form other than Source
17 Code.
18
19 1.5 "Initial Developer" means the individual or entity identified as
20 the Initial Developer in the Source Code notice required by Exhibit A.
21
22 1.6 "Larger Work" means a work which combines Original Code or
23 portions thereof with code not governed by the terms of this License.
24
25 1.7 "License" means this document.
26
27 1.8 "Licensable" means having the right to grant, to the maximum
28 extent possible, whether at the time of the initial grant or
29 subsequently acquired, any and all of the rights conveyed herein.
30
31 1.9 "Modifications" means any addition to or deletion from the
32 substance or structure of either the Original Code or any previous
33 Modifications. A Modification is:
34 A. Any addition to or deletion from the contents of a file containing
35 Original Code or previous Modifications.
36 B. Any new file that contains any part of the Original Code or
37 previous Modifications.
38
39 1.10 "Original Code" means Source Code of computer software code which
40 is described in the Source Code notice required by Exhibit A as
41 Original Code.
42
43 1.11 "Patent Claims" means any patent claim(s), now owned or hereafter
44 acquired, including without limitation, method, process, and apparatus
45 claims, in any patent Licensable by grantor.
46
47 1.12 "Source Code" means the preferred form of the Original Code for
48 making modifications to it, including all modules it contains, plus
49 any associated interface definition files, or scripts used to control
50 compilation and installation of an Executable.
51
52 1.13 "Standards" means the standards identified in Exhibit B.
53
54 1.14 "You" (or "Your") means an individual or a legal entity
55 exercising rights under, and complying with all of the terms of, this
56 License or a future version of this License issued under Section 6.1.
57 For legal entities, "You'' includes any entity which controls, is
58 controlled by, or is under common control with You. For purposes of
59 this definition, "control'' means (a) the power, direct or indirect,
60 to cause the direction or management of such entity, whether by
61 contract or otherwise, or (b) ownership of more than fifty percent
62 (50%) of the outstanding shares or beneficial ownership of such
63 entity.
64
65 2.0 SOURCE CODE LICENSE
66
67 2.1 The Initial Developer Grant
68 The Initial Developer hereby grants You a world-wide, royalty-free,
69 non-exclusive license, subject to third party intellectual property
70 claims:
71 (a) under intellectual property rights (other than patent or
72 trademark) Licensable by Initial Developer to use, reproduce,
73 modify, display, perform, sublicense and distribute the Original
74 Code (or portions thereof) with or without Modifications, and/or
75 as part of a Larger Work; and
76 (b) under Patents Claims infringed by the making, using or selling
77 of Original Code, to make, have made, use, practice, sell, and
78 offer for sale, and/or otherwise dispose of the Original Code (or
79 portions thereof).
80 (c) the licenses granted in this Section 2.1(a) and (b) are
81 effective on the date Initial Developer first distributes Original
82 Code under the terms of this License.
83 (d) Notwithstanding Section 2.1(b) above, no patent license is
84 granted: 1) for code that You delete from the Original Code; 2)
85 separate from the Original Code; or 3) for infringements caused
86 by: i) the modification of the Original Code or ii) the
87 combination of the Original Code with other software or devices,
88 including but not limited to Modifications.
89
90 3.0 DISTRIBUTION OBLIGATIONS
91
92 3.1 Application of License.
93 The Source Code version of Original Code may be distributed only under
94 the terms of this License or a future version of this License released
95 under Section 6.1, and You must include a copy of this License with
96 every copy of the Source Code You distribute. You may not offer or
97 impose any terms on any Source Code version that alters or restricts
98 the applicable version of this License or the recipients' rights
99 hereunder. Your license for shipment of the Contributor Version is
100 conditioned upon Your full compliance with this Section. The
101 Modifications which You create must comply with all requirements set
102 out by the Standards body in effect one hundred twenty (120) days
103 before You ship the Contributor Version. In the event that the
104 Modifications do not meet such requirements, You agree to publish
105 either (i) any deviation from the Standards protocol resulting from
106 implementation of Your Modifications and a reference implementation of
107 Your Modifications or (ii) Your Modifications in Source Code form, and
108 to make any such deviation and reference implementation or
109 Modifications available to all third parties under the same terms as
110 this license on a royalty free basis within thirty (30) days of Your
111 first customer shipment of Your Modifications.
112
113 3.2 Required Notices.
114 You must duplicate the notice in Exhibit A in each file of the Source
115 Code. If it is not possible to put such notice in a particular Source
116 Code file due to its structure, then You must include such notice in a
117 location (such as a relevant directory) where a user would be likely
118 to look for such a notice. If You created one or more Modification(s)
119 You may add Your name as a Contributor to the notice described in
120 Exhibit A. You must also duplicate this License in any documentation
121 for the Source Code where You describe recipients' rights or ownership
122 rights relating to Initial Code. You may choose to offer, and to
123 charge a fee for, warranty, support, indemnity or liability
124 obligations to one or more recipients of Your version of the Code.
125 However, You may do so only on Your own behalf, and not on behalf of
126 the Initial Developer. You must make it absolutely clear than any such
127 warranty, support, indemnity or liability obligation is offered by You
128 alone, and You hereby agree to indemnify the Initial Developer for any
129 liability incurred by the Initial Developer as a result of warranty,
130 support, indemnity or liability terms You offer.
131
132 3.3 Distribution of Executable Versions.
133 You may distribute Original Code in Executable and Source form only if
134 the requirements of Sections 3.1 and 3.2 have been met for that
135 Original Code, and if You include a notice stating that the Source
136 Code version of the Original Code is available under the terms of this
137 License. The notice must be conspicuously included in any notice in an
138 Executable or Source versions, related documentation or collateral in
139 which You describe recipients' rights relating to the Original Code.
140 You may distribute the Executable and Source versions of Your version
141 of the Code or ownership rights under a license of Your choice, which
142 may contain terms different from this License, provided that You are
143 in compliance with the terms of this License. If You distribute the
144 Executable and Source versions under a different license You must make
145 it absolutely clear that any terms which differ from this License are
146 offered by You alone, not by the Initial Developer. You hereby agree
147 to indemnify the Initial Developer for any liability incurred by the
148 Initial Developer as a result of any such terms You offer.
149
150 3.4 Larger Works.
151 You may create a Larger Work by combining Original Code with other
152 code not governed by the terms of this License and distribute the
153 Larger Work as a single product. In such a case, You must make sure
154 the requirements of this License are fulfilled for the Original Code.
155
156 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
157
158 If it is impossible for You to comply with any of the terms of this
159 License with respect to some or all of the Original Code due to
160 statute, judicial order, or regulation then You must: (a) comply with
161 the terms of this License to the maximum extent possible; and (b)
162 describe the limitations and the code they affect. Such description
163 must be included in the LEGAL file described in Section 3.2 and must
164 be included with all distributions of the Source Code. Except to the
165 extent prohibited by statute or regulation, such description must be
166 sufficiently detailed for a recipient of ordinary skill to be able to
167 understand it.
168
169 5.0 APPLICATION OF THIS LICENSE
170
171 This License applies to code to which the Initial Developer has
172 attached the notice in Exhibit A and to related Modifications as set
173 out in Section 3.1.
174
175 6.0 VERSIONS OF THE LICENSE
176
177 6.1 New Versions.
178 Sun may publish revised and/or new versions of the License from time
179 to time. Each version will be given a distinguishing version number.
180
181 6.2 Effect of New Versions.
182 Once Original Code has been published under a particular version of
183 the License, You may always continue to use it under the terms of that
184 version. You may also choose to use such Original Code under the terms
185 of any subsequent version of the License published by Sun. No one
186 other than Sun has the right to modify the terms applicable to
187 Original Code.
188
189 7.0 DISCLAIMER OF WARRANTY
190
191 ORIGINAL CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
192 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
193 WITHOUT LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
194 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
195 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE ORIGINAL CODE
196 IS WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT,
197 YOU (NOT THE INITIAL DEVELOPER) ASSUME THE COST OF ANY NECESSARY
198 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
199 CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY ORIGINAL
200 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
201
202 8.0 TERMINATION
203
204 8.1 This License and the rights granted hereunder will terminate
205 automatically if You fail to comply with terms herein and fail to cure
206 such breach within 30 days of becoming aware of the breach. All
207 sublicenses to the Original Code which are properly granted shall
208 survive any termination of this License. Provisions which, by their
209 nature, must remain in effect beyond the termination of this License
210 shall survive.
211
212 8.2 In the event of termination under Section 8.1 above, all end user
213 license agreements (excluding distributors and resellers) which have
214 been validly granted by You or any distributor hereunder prior to
215 termination shall survive termination.
216
217 9.0 LIMIT OF LIABILITY
218
219 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
220 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
221 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE,
222 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
223 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
224 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,
225 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
226 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
227 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
228 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
229 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW
230 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
231 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
232 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
233
234 10.0 U.S. GOVERNMENT END USERS
235
236 U.S. Government: If this Software is being acquired by or on behalf of
237 the U.S. Government or by a U.S. Government prime contractor or
238 subcontractor (at any tier), then the Government's rights in the
239 Software and accompanying documentation shall be only as set forth in
240 this license; this is in accordance with 48 C.F.R. 227.7201 through
241 227.7202-4 (for Department of Defense (DoD) acquisitions) and with 48
242 C.F.R. 2.101 and 12.212 (for non-DoD acquisitions).
243
244 11.0 MISCELLANEOUS
245
246 This License represents the complete agreement concerning subject
247 matter hereof. If any provision of this License is held to be
248 unenforceable, such provision shall be reformed only to the extent
249 necessary to make it enforceable. This License shall be governed by
250 California law provisions (except to the extent applicable law, if
251 any, provides otherwise), excluding its conflict-of-law provisions.
252 With respect to disputes in which at least one party is a citizen of,
253 or an entity chartered or registered to do business in the United
254 States of America, any litigation relating to this License shall be
255 subject to the jurisdiction of the Federal Courts of the Northern
256 District of California, with venue lying in Santa Clara County,
257 California, with the losing party responsible for costs, including
258 without limitation, court costs and reasonable attorneys' fees and
259 expenses. The application of the United Nations Convention on
260 Contracts for the International Sale of Goods is expressly excluded.
261 Any law or regulation which provides that the language of a contract
262 shall be construed against the drafter shall not apply to this
263 License.
264
265 EXHIBIT A - Sun Standards License
266 "The contents of this file are subject to the Sun Standards
267 License Version 1.1 (the "License");
268 You may not use this file except in compliance with the
269 License. You may obtain a copy of the
270 License at _______________________________.
271
272 Software distributed under the License is distributed on
273 an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
274 express or implied. See the License for the specific
275 language governing rights and limitations under the License.
276
277 The Original Code is ______________________________________.
278
279 The Initial Developer of the Original Code is:
280 Sun Microsystems, Inc..
281
282 Portions created by: _______________________________________
283
284 are Copyright (C): _______________________________________
285
286 All Rights Reserved.
287
288 Contributor(s): _______________________________________
289
290 EXHIBIT B - Standards
291
292 The Standard is defined as the following:
293
294 OpenOffice.org XML File Format Specification, located at
295 http://xml.openoffice.org
296
297 OpenOffice.org Application Programming Interface Specification,
298 located at
299 http://api.openoffice.org
300
301 We welcome your feedback.
302 CollabNet, Inc. CollabNet is a trademark of CollabNet, Inc.
303 Sun, Sun Microsystems, the Sun Logo, Solaris, Java, StarOffice,
304 StarOffice 6.0 and StarSuite 6.0 are trademarks or registered
305 trademarks of Sun Microsystems, Inc., in the United States and other
306 countries.

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