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| <h2>Sun Industry Standards Source License (SISSL)</h2> |
| <tt> |
| </tt> |
| <p><tt><b>1.0 DEFINITIONS</b> |
| </tt></p> |
| <p><tt><b>1.1 "Commercial Use"</b> means distribution or otherwise |
| making the |
| Original Code available to a third party. |
| </tt></p> |
| <p><tt><b>1.2 "Contributor Version"</b> means the combination of the |
| Original |
| Code, and the Modifications made by that particular Contributor. |
| </tt></p> |
| <p><tt><b>1.3 "Electronic Distribution Mechanism"</b> means a mechanism |
| generally |
| accepted in the software development community for the electronic |
| transfer |
| of data. |
| </tt></p> |
| <p><tt><b>1.4 "Executable"</b> means Original Code in any form other |
| than Source |
| Code. |
| </tt></p> |
| <p><tt><b>1.5 "Initial Developer"</b> means the individual or entity |
| identified |
| as the Initial Developer in the Source Code notice required by Exhibit |
| A. |
| </tt></p> |
| <p><tt><b>1.6 "Larger Work"</b> means a work which combines Original |
| Code or |
| portions thereof with code not governed by the terms of this License. |
| </tt></p> |
| <p><tt><b>1.7 "License"</b> means this document. |
| </tt></p> |
| <p><tt><b>1.8 "Licensable"</b> means having the right to grant, to the |
| maximum |
| extent possible, whether at the time of the initial grant or |
| subsequently |
| acquired, any and all of the rights conveyed herein. |
| </tt></p> |
| <p><tt><b>1.9 "Modifications"</b> means any addition to or deletion |
| from the |
| substance or structure of either the Original Code or any previous |
| Modifications. |
| A Modification is: |
| </tt></p> |
| <ul> |
| <tt>A. Any addition to or deletion from the contents of a file |
| containing |
| Original Code or previous Modifications. |
| </tt> |
| <p><tt>B. Any new file that contains any part of the Original Code or |
| previous Modifications.</tt></p> |
| <tt> </tt> |
| </ul> |
| <tt><b>1.10 "Original Code"</b> means Source Code of computer software |
| code |
| which is described in the Source Code notice required by Exhibit A as |
| Original |
| Code. |
| </tt> |
| <p><tt><b>1.11 "Patent Claims"</b> means any patent claim(s), now owned |
| or |
| hereafter acquired, including without limitation, method, process, and |
| apparatus claims, in any patent Licensable by grantor. |
| </tt></p> |
| <p><tt><b>1.12 "Source Code"</b> means the preferred form of the |
| Original Code |
| for making modifications to it, including all modules it contains, plus |
| any associated interface definition files, or scripts used to control |
| compilation |
| and installation of an Executable. |
| </tt></p> |
| <p><tt><b>1.13 "Standards"</b> means the standards identified in |
| Exhibit B. |
| </tt></p> |
| <p><tt><b>1.14 "You" (or "Your")</b> means an individual or a legal |
| entity |
| exercising rights under, and complying with all of the terms of, this |
| License |
| or a future version of this License issued under Section 6.1. For legal |
| entities, "You'' includes any entity which controls, is controlled by, |
| or is under common control with You. For purposes of this definition, |
| "control'' |
| means (a) the power, direct or indirect, to cause the direction or |
| management |
| of such entity, whether by contract or otherwise, or (b) ownership of |
| more |
| than fifty percent (50%) of the outstanding shares or beneficial |
| ownership |
| of such entity. |
| </tt></p> |
| <p><tt><b>2.0 SOURCE CODE LICENSE</b> |
| </tt></p> |
| <p><tt><b>2.1 The Initial Developer Grant</b> |
| <br> |
| The Initial Developer hereby grants You a world-wide, royalty-free, |
| non-exclusive license, subject to third party intellectual property |
| claims: |
| </tt></p> |
| <ul> |
| <tt><b>(a)</b> under intellectual property rights (other than patent |
| or |
| trademark) Licensable by Initial Developer to use, reproduce, modify, |
| display, |
| perform, sublicense and distribute the Original Code (or portions |
| thereof) |
| with or without Modifications, and/or as part of a Larger Work; and |
| </tt> |
| <p><tt><b>(b)</b> under Patents Claims infringed by the making, using |
| or selling |
| of Original Code, to make, have made, use, practice, sell, and offer |
| for |
| sale, and/or otherwise dispose of the Original Code (or portions |
| thereof). |
| </tt></p> |
| <p><tt><b>(c)</b> the licenses granted in this Section 2.1(a) and (b) |
| are effective |
| on the date Initial Developer first distributes Original Code under the |
| terms of this License. |
| </tt></p> |
| <p><tt><b>(d)</b> Notwithstanding Section 2.1(b) above, no patent |
| license is granted: 1) for code that You delete from the Original Code; |
| 2) separate from the Original Code; or 3) for infringements caused by: |
| i) the modification of the Original Code or ii) the combination of the |
| Original Code with other software or devices, including but not limited |
| to Modifications. </tt></p> |
| <tt> </tt> |
| </ul> |
| <tt><b>3.0 DISTRIBUTION OBLIGATIONS</b> |
| </tt> |
| <p><tt><b>3.1 Application of License.</b> |
| <br> |
| The Source Code version of Original Code may be distributed only under |
| the terms of this License or a future version of this License released |
| under Section 6.1, and You must include a copy of this License with |
| every |
| copy of the Source Code You distribute. You may not offer or impose any |
| terms on any Source Code version that alters or restricts the |
| applicable |
| version of this License or the recipients' rights hereunder. Your |
| license |
| for shipment of the Contributor Version is conditioned upon Your full |
| compliance |
| with this Section. The Modifications which You create must comply with |
| all requirements set out by the Standards body in effect one hundred |
| twenty |
| (120) days before You ship the Contributor Version. In the event that |
| the |
| Modifications do not meet such requirements, You agree to publish |
| either |
| (i) any deviation from the Standards protocol resulting from |
| implementation |
| of Your Modifications and a reference implementation of Your |
| Modifications |
| or (ii) Your Modifications in Source Code form, and to make any such |
| deviation |
| and reference implementation or Modifications available to all third |
| parties |
| under the same terms as this license on a royalty free basis within |
| thirty |
| (30) days of Your first customer shipment of Your Modifications. |
| </tt></p> |
| <p><tt><b>3.2 Required Notices.</b> |
| <br> |
| You must duplicate the notice in <b>Exhibit A </b>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 <b>Exhibit |
| A</b>. You must also duplicate this License in any documentation for |
| the |
| Source Code where You describe recipients' rights or ownership rights |
| relating |
| to Initial Code. You may choose to offer, and to charge a fee for, |
| warranty, |
| support, indemnity or liability obligations to one or more recipients |
| of |
| Your version of the Code. However, You may do so only on Your own |
| behalf, |
| and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial Developer as a |
| result |
| of warranty, support, indemnity or liability terms You offer. |
| </tt></p> |
| <p><tt><b>3.3 Distribution of Executable Versions.</b> |
| <br> |
| You may distribute Original Code in Executable and Source form only |
| if the requirements of Sections 3.1 and 3.2 have been met for that |
| Original |
| Code, and if You include a notice stating that the Source Code version |
| of the Original Code is available under the terms of this License. The |
| notice must be conspicuously included in any notice in an Executable or |
| Source versions, related documentation or collateral in which You |
| describe |
| recipients' rights relating to the Original Code. You may distribute |
| the |
| Executable and Source versions of Your version of the 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. If You distribute the Executable and Source versions |
| 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. |
| You hereby agree to indemnify the Initial Developer for any liability |
| incurred |
| by the Initial Developer as a result of any such terms You offer. |
| </tt></p> |
| <p><tt><b>3.4 Larger Works.</b> |
| <br> |
| You may create a Larger Work by combining Original 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 Original Code. |
| </tt></p> |
| <p><tt><b>4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION</b> |
| </tt></p> |
| <p><tt>If it is impossible for You to comply with any of the terms of |
| this |
| License with respect to some or all of the Original 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 3.2 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. |
| </tt></p> |
| <p><tt><b>5.0 APPLICATION OF THIS LICENSE</b> |
| </tt></p> |
| <p><tt>This License applies to code to which the Initial Developer has |
| attached |
| the notice in Exhibit A and to related Modifications as set out in |
| Section |
| 3.1. |
| </tt></p> |
| <p><tt><b>6.0 VERSIONS OF THE LICENSE</b> |
| </tt></p> |
| <p><tt><b>6.1 New Versions.</b> |
| <br> |
| Sun may publish revised and/or new versions of the License from time |
| to time. Each version will be given a distinguishing version number. |
| </tt></p> |
| <p><tt><b>6.2 Effect of New Versions.</b> |
| <br> |
| Once Original 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 Original 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 Original Code. |
| </tt></p> |
| <p><tt><b>7.0 DISCLAIMER OF WARRANTY</b> |
| </tt></p> |
| <p><tt>ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS WITH YOU. SHOULD ANY ORIGINAL |
| CODE |
| PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER) 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 |
| ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| </tt></p> |
| <p><tt><b>8.0 TERMINATION</b> |
| </tt></p> |
| <p><tt><b>8.1</b> 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 Original 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. |
| </tt></p> |
| <p><tt><b>8.2</b> In the event of termination under Section 8.1 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. |
| </tt></p> |
| <p><tt><b>9.0 LIMIT OF LIABILITY</b> |
| </tt></p> |
| <p><tt>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 ORIGINAL 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. |
| </tt></p> |
| <p><tt><b>10.0 U.S. GOVERNMENT END USERS</b> |
| </tt></p> |
| <p><tt>U.S. Government: If this Software is being acquired by or on |
| behalf |
| of the U.S. Government or by a U.S. Government prime contractor or |
| subcontractor |
| (at any tier), then the Government's rights in the Software and |
| accompanying |
| documentation shall be only as set forth in this license; this is in |
| accordance |
| with 48 C.F.R. 227.7201 through 227.7202-4 (for Department of Defense |
| (DoD) |
| acquisitions) and with 48 C.F.R. 2.101 and 12.212 (for non-DoD |
| acquisitions). |
| </tt></p> |
| <p><tt><b>11.0 MISCELLANEOUS</b> |
| </tt></p> |
| <p><tt>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. |
| </tt></p> |
| <p><tt><b>EXHIBIT A - Sun Standards License</b> |
| </tt></p> |
| <pre><tt>"The contents of this file are subject to the Sun Standards<br>License Version 1.1 (the "License");<br>You may not use this file except in compliance with the <br>License. You may obtain a copy of the<br>License at _______________________________.<br><br>Software distributed under the License is distributed on <br>an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either <br>express or implied. See the License for the specific<br>language governing rights and limitations under the License.<br><br>The Original Code is ______________________________________.<br><br>The Initial Developer of the Original Code is: <br><b>Sun Microsystems, Inc.</b>.<br><br>Portions created by: _______________________________________<br><br>are Copyright (C): _______________________________________<br><br>All Rights Reserved.<br><br>Contributor(s): _______________________________________</tt></pre> |
| <p><tt><br> |
| <b>EXHIBIT B - Standards</b> |
| </tt></p> |
| <p><tt>The Standard is defined as the following: |
| </tt></p> |
| <p><tt>OpenOffice.org XML File Format Specification, located at <u><a |
| href="http://xml.openoffice.org">http://xml.openoffice.org</a></u> |
| </tt></p> |
| <p><tt>OpenOffice.org Application Programming Interface Specification, |
| located |
| at |
| <br> |
| <u><a href="http://api.openoffice.org">http://api.openoffice.org</a></u></tt></p> |
| |
| <p> </p> |
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