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CUA-OPL-1.0 23KB

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  1. CUA Office Public License Version 1.0
  2. 1. Definitions.
  3. 1.0.1. "Commercial Use" means distribution or otherwise making the Covered
  4. Code available to a third party.
  5. 1.1. "Contributor" means each entity that creates or contributes to the creation
  6. of Modifications.
  7. 1.2. "Contributor Version" means the combination of the Original Code, prior
  8. Modifications used by a Contributor, and the Modifications made by that particular
  9. Contributor.
  10. 1.3. "Covered Code" means the Original Code or Modifications or the combination
  11. of the Original Code and Modifications, in each case including portions thereof.
  12. 1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted
  13. in the software development community for the electronic transfer of data.
  14. 1.5. "Executable" means Covered Code in any form other than Source Code.
  15. 1.6. "Initial Developer" means the individual or entity identified as the
  16. Initial Developer in the Source Code notice required by Exhibit A.
  17. 1.7. "Larger Work" means a work which combines Covered Code or portions thereof
  18. with code not governed by the terms of this License.
  19. 1.8. "License" means this document.
  20. 1.8.1. "Licensable" means having the right to grant, to the maximum extent
  21. possible, whether at the time of the initial grant or subsequently acquired,
  22. any and all of the rights conveyed herein.
  23. 1.9. "Modifications" means any addition to or deletion from the substance
  24. or structure of either the Original Code or any previous Modifications. When
  25. Covered Code is released as a series of files, a Modification is:
  26. A. Any addition to or deletion from the contents of a file containing Original
  27. Code or previous Modifications.
  28. B. Any new file that contains any part of the Original Code or previous Modifications.
  29. 1.10. "Original Code" means Source Code of computer software code which is
  30. described in the Source Code notice required by Exhibit A as Original Code,
  31. and which, at the time of its release under this License is not already Covered
  32. Code governed by this License.
  33. 1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter
  34. acquired, including without limitation, method, process, and apparatus claims,
  35. in any patent Licensable by grantor.
  36. 1.11. "Source Code" means the preferred form of the Covered Code for making
  37. modifications to it, including all modules it contains, plus any associated
  38. interface definition files, scripts used to control compilation and installation
  39. of an Executable, or source code differential comparisons against either the
  40. Original Code or another well known, available Covered Code of the Contributor's
  41. choice. The Source Code can be in a compressed or archival form, provided
  42. the appropriate decompression or de-archiving software is widely available
  43. for no charge.
  44. 1.12. "You" (or "Your") means an individual or a legal entity exercising rights
  45. under, and complying with all of the terms of, this License or a future version
  46. of this License issued under Section 6.1. For legal entities, "You" includes
  47. any entity which controls, is controlled by, or is under common control with
  48. You. For purposes of this definition, "control" means (a) the power, direct
  49. or indirect, to cause the direction or management of such entity, whether
  50. by contract or otherwise, or (b) ownership of more than fifty percent (50%)
  51. of the outstanding shares or beneficial ownership of such entity.
  52. 2. Source Code License.
  53. 2.1. The Initial Developer Grant. The Initial Developer hereby grants You
  54. a world-wide, royalty-free, non-exclusive license, subject to third party
  55. intellectual property claims:
  56. (a) under intellectual property rights (other than patent or trademark) Licensable
  57. by Initial Developer to use, reproduce, modify, display, perform, sublicense
  58. and distribute the Original Code (or portions thereof) with or without Modifications,
  59. and/or as part of a Larger Work; and
  60. (b) under Patents Claims infringed by the making, using or selling of Original
  61. Code, to make, have made, use, practice, sell, and offer for sale, and/or
  62. otherwise dispose of the Original Code (or portions thereof).
  63. (c) the licenses granted in this Section 2.1(a) and (b) are effective on the
  64. date Initial Developer first distributes Original Code under the terms of
  65. this License.
  66. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: 1)
  67. for code that You delete from the Original Code; 2) separate from the Original
  68. Code; or 3) for infringements caused by: i) the modification of the Original
  69. Code or ii) the combination of the Original Code with other software or devices.
  70. 2.2. Contributor Grant. Subject to third party intellectual property claims,
  71. each Contributor hereby grants You a world-wide, royalty-free, non-exclusive
  72. license
  73. (a) under intellectual property rights (other than patent or trademark) Licensable
  74. by Contributor, to use, reproduce, modify, display, perform, sublicense and
  75. distribute the Modifications created by such Contributor (or portions thereof)
  76. either on an unmodified basis, with other Modifications, as Covered Code and/or
  77. as part of a Larger Work; and
  78. (b) under Patent Claims infringed by the making, using, or selling of Modifications
  79. made by that Contributor either alone and/or in combination with its Contributor
  80. Version (or portions of such combination), to make, use, sell, offer for sale,
  81. have made, and/or otherwise dispose of: 1) Modifications made by that Contributor
  82. (or portions thereof); and 2) the combination of Modifications made by that
  83. Contributor with its Contributor Version (or portions of such combination).
  84. (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
  85. date Contributor first makes Commercial Use of the Covered Code.
  86. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: 1)
  87. for any code that Contributor has deleted from the Contributor Version; 2)
  88. separate from the Contributor Version; 3) for infringements caused by: i)
  89. third party modifications of Contributor Version or ii) the combination of
  90. Modifications made by that Contributor with other software (except as part
  91. of the Contributor Version) or other devices; or 4) under Patent Claims infringed
  92. by Covered Code in the absence of Modifications made by that Contributor.
  93. 3. Distribution Obligations.
  94. 3.1. Application of License. The Modifications which You create or to which
  95. You contribute are governed by the terms of this License, including without
  96. limitation Section 2.2. The Source Code version of Covered Code may be distributed
  97. only under the terms of this License or a future version of this License released
  98. under Section 6.1, and You must include a copy of this License with every
  99. copy of the Source Code You distribute. You may not offer or impose any terms
  100. on any Source Code version that alters or restricts the applicable version
  101. of this License or the recipients' rights hereunder. However, You may include
  102. an additional document offering the additional rights described in Section
  103. 3.5.
  104. 3.2. Availability of Source Code. Any Modification which You create or to
  105. which You contribute must be made available in Source Code form under the
  106. terms of this License either on the same media as an Executable version or
  107. via an accepted Electronic Distribution Mechanism to anyone to whom you made
  108. an Executable version available; and if made available via Electronic Distribution
  109. Mechanism, must remain available for at least twelve (12) months after the
  110. date it initially became available, or at least six (6) months after a subsequent
  111. version of that particular Modification has been made available to such recipients.
  112. You are responsible for ensuring that the Source Code version remains available
  113. even if the Electronic Distribution Mechanism is maintained by a third party.
  114. 3.3. Description of Modifications. You must cause all Covered Code to which
  115. You contribute to contain a file documenting the changes You made to create
  116. that Covered Code and the date of any change. You must include a prominent
  117. statement that the Modification is derived, directly or indirectly, from Original
  118. Code provided by the Initial Developer and including the name of the Initial
  119. Developer in (a) the Source Code, and (b) in any notice in an Executable version
  120. or related documentation in which You describe the origin or ownership of
  121. the Covered Code.
  122. 3.4. Intellectual Property Matters
  123. (a) Third Party Claims. If Contributor has knowledge that a license under
  124. a third party's intellectual property rights is required to exercise the rights
  125. granted by such Contributor under Sections 2.1 or 2.2, Contributor must include
  126. a text file with the Source Code distribution titled "LEGAL" which describes
  127. the claim and the party making the claim in sufficient detail that a recipient
  128. will know whom to contact. If Contributor obtains such knowledge after the
  129. Modification is made available as described in Section 3.2, Contributor shall
  130. promptly modify the LEGAL file in all copies Contributor makes available thereafter
  131. and shall take other steps (such as notifying appropriate mailing lists or
  132. newsgroups) reasonably calculated to inform those who received the Covered
  133. Code that new knowledge has been obtained.
  134. (b) Contributor APIs. If Contributor's Modifications include an application
  135. programming interface and Contributor has knowledge of patent licenses which
  136. are reasonably necessary to implement that API, Contributor must also include
  137. this information in the LEGAL file.
  138. (c) Representations. Contributor represents that, except as disclosed pursuant
  139. to Section 3.4(a) above, Contributor believes that Contributor's Modifications
  140. are Contributor's original creation(s) and/or Contributor has sufficient rights
  141. to grant the rights conveyed by this License.
  142. 3.5. Required Notices. You must duplicate the notice in Exhibit A in each
  143. file of the Source Code. If it is not possible to put such notice in a particular
  144. Source Code file due to its structure, then You must include such notice in
  145. a location (such as a relevant directory) where a user would be likely to
  146. look for such a notice. If You created one or more Modification(s) You may
  147. add your name as a Contributor to the notice described in Exhibit A. You must
  148. also duplicate this License in any documentation for the Source Code where
  149. You describe recipients' rights or ownership rights relating to Covered Code.
  150. You may choose to offer, and to charge a fee for, warranty, support, indemnity
  151. or liability obligations to one or more recipients of Covered Code. However,
  152. You may do so only on Your own behalf, and not on behalf of the Initial Developer
  153. or any Contributor. You must make it absolutely clear than any such warranty,
  154. support, indemnity or liability obligation is offered by You alone, and You
  155. hereby agree to indemnify the Initial Developer and every Contributor for
  156. any liability incurred by the Initial Developer or such Contributor as a result
  157. of warranty, support, indemnity or liability terms You offer.
  158. 3.6. Distribution of Executable Versions. You may distribute Covered Code
  159. in Executable form only if the requirements of Section 3.1-3.5 have been met
  160. for that Covered Code, and if You include a notice stating that the Source
  161. Code version of the Covered Code is available under the terms of this License,
  162. including a description of how and where You have fulfilled the obligations
  163. of Section 3.2. The notice must be conspicuously included in any notice in
  164. an Executable version, related documentation or collateral in which You describe
  165. recipients' rights relating to the Covered Code. You may distribute the Executable
  166. version of Covered Code or ownership rights under a license of Your choice,
  167. which may contain terms different from this License, provided that You are
  168. in compliance with the terms of this License and that the license for the
  169. Executable version does not attempt to limit or alter the recipient's rights
  170. in the Source Code version from the rights set forth in this License. If You
  171. distribute the Executable version under a different license You must make
  172. it absolutely clear that any terms which differ from this License are offered
  173. by You alone, not by the Initial Developer or any Contributor. You hereby
  174. agree to indemnify the Initial Developer and every Contributor for any liability
  175. incurred by the Initial Developer or such Contributor as a result of any such
  176. terms You offer.
  177. 3.7. Larger Works. You may create a Larger Work by combining Covered Code
  178. with other code not governed by the terms of this License and distribute the
  179. Larger Work as a single product. In such a case, You must make sure the requirements
  180. of this License are fulfilled for the Covered Code.
  181. 4. Inability to Comply Due to Statute or Regulation.
  182. If it is impossible for You to comply with any of the terms of this License
  183. with respect to some or all of the Covered Code due to statute, judicial order,
  184. or regulation then You must: (a) comply with the terms of this License to
  185. the maximum extent possible; and (b) describe the limitations and the code
  186. they affect. Such description must be included in the LEGAL file described
  187. in Section 3.4 and must be included with all distributions of the Source Code.
  188. Except to the extent prohibited by statute or regulation, such description
  189. must be sufficiently detailed for a recipient of ordinary skill to be able
  190. to understand it.
  191. 5. Application of this License.
  192. This License applies to code to which the Initial Developer has attached the
  193. notice in Exhibit A and to related Covered Code.
  194. 6. Versions of the License.
  195. 6.1. New Versions. CUA Office Project may publish revised and/or new versions
  196. of the License from time to time. Each version will be given a distinguishing
  197. version number.
  198. 6.2. Effect of New Versions. Once Covered Code has been published under a
  199. particular version of the License, You may always continue to use it under
  200. the terms of that version. You may also choose to use such Covered Code under
  201. the terms of any subsequent version of the License published by CUA Office
  202. Project. No one other than CUA Office Project has the right to modify the
  203. terms applicable to Covered Code created under this License.
  204. 6.3. Derivative Works. If You create or use a modified version of this License
  205. (which you may only do in order to apply it to code which is not already Covered
  206. Code governed by this License), You must (a) rename Your license so that the
  207. phrases "CUA Office", "CUA", "CUAPL", or any confusingly similar phrase do
  208. not appear in your license (except to note that your license differs from
  209. this License) and (b) otherwise make it clear that Your version of the license
  210. contains terms which differ from the CUA Office Public License. (Filling in
  211. the name of the Initial Developer, Original Code or Contributor in the notice
  212. described in Exhibit A shall not of themselves be deemed to be modifications
  213. of this License.)
  214. 7. DISCLAIMER OF WARRANTY.
  215. COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY
  216. OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
  217. THAT THE COVERED CODE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
  218. PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
  219. OF THE COVERED CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN
  220. ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME
  221. THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER
  222. OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED
  223. CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  224. 8. TERMINATION.
  225. 8.1. This License and the rights granted hereunder will terminate automatically
  226. if You fail to comply with terms herein and fail to cure such breach within
  227. 30 days of becoming aware of the breach. All sublicenses to the Covered Code
  228. which are properly granted shall survive any termination of this License.
  229. Provisions which, by their nature, must remain in effect beyond the termination
  230. of this License shall survive.
  231. 8.2. If You initiate litigation by asserting a patent infringement claim (excluding
  232. declatory judgment actions) against Initial Developer or a Contributor (the
  233. Initial Developer or Contributor against whom You file such action is referred
  234. to as "Participant") alleging that:
  235. (a) such Participant's Contributor Version directly or indirectly infringes
  236. any patent, then any and all rights granted by such Participant to You under
  237. Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from Participant
  238. terminate prospectively, unless if within 60 days after receipt of notice
  239. You either: (i) agree in writing to pay Participant a mutually agreeable reasonable
  240. royalty for Your past and future use of Modifications made by such Participant,
  241. or (ii) withdraw Your litigation claim with respect to the Contributor Version
  242. against such Participant. If within 60 days of notice, a reasonable royalty
  243. and payment arrangement are not mutually agreed upon in writing by the parties
  244. or the litigation claim is not withdrawn, the rights granted by Participant
  245. to You under Sections 2.1 and/or 2.2 automatically terminate at the expiration
  246. of the 60 day notice period specified above.
  247. (b) any software, hardware, or device, other than such Participant's Contributor
  248. Version, directly or indirectly infringes any patent, then any rights granted
  249. to You by such Participant under Sections 2.1(b) and 2.2(b) are revoked effective
  250. as of the date You first made, used, sold, distributed, or had made, Modifications
  251. made by that Participant.
  252. 8.3. If You assert a patent infringement claim against Participant alleging
  253. that such Participant's Contributor Version directly or indirectly infringes
  254. any patent where such claim is resolved (such as by license or settlement)
  255. prior to the initiation of patent infringement litigation, then the reasonable
  256. value of the licenses granted by such Participant under Sections 2.1 or 2.2
  257. shall be taken into account in determining the amount or value of any payment
  258. or license.
  259. 8.4. In the event of termination under Sections 8.1 or 8.2 above, all end
  260. user license agreements (excluding distributors and resellers) which have
  261. been validly granted by You or any distributor hereunder prior to termination
  262. shall survive termination.
  263. 9. LIMITATION OF LIABILITY.
  264. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  265. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  266. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF
  267. ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
  268. OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
  269. FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
  270. AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE
  271. BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
  272. SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
  273. PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  274. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  275. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  276. YOU.
  277. 10. U.S. GOVERNMENT END USERS.
  278. The Covered Code is a "commercial item," as that term is defined in 48 C.F.R.
  279. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial
  280. computer software documentation," as such terms are used in 48 C.F.R. 12.212
  281. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
  282. 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered Code
  283. with only those rights set forth herein.
  284. 11. MISCELLANEOUS.
  285. This License represents the complete agreement concerning subject matter hereof.
  286. If any provision of this License is held to be unenforceable, such provision
  287. shall be reformed only to the extent necessary to make it enforceable. This
  288. License shall be governed by California law provisions (except to the extent
  289. applicable law, if any, provides otherwise), excluding its conflict-of-law
  290. provisions. With respect to disputes in which at least one party is a citizen
  291. of, or an entity chartered or registered to do business in the United States
  292. of America, any litigation relating to this License shall be subject to the
  293. jurisdiction of the Federal Courts of the Northern District of California,
  294. with venue lying in Santa Clara County, California, with the losing party
  295. responsible for costs, including without limitation, court costs and reasonable
  296. attorneys' fees and expenses. The application of the United Nations Convention
  297. on Contracts for the International Sale of Goods is expressly excluded. Any
  298. law or regulation which provides that the language of a contract shall be
  299. construed against the drafter shall not apply to this License.
  300. 12. RESPONSIBILITY FOR CLAIMS.
  301. As between Initial Developer and the Contributors, each party is responsible
  302. for claims and damages arising, directly or indirectly, out of its utilization
  303. of rights under this License and You agree to work with Initial Developer
  304. and Contributors to distribute such responsibility on an equitable basis.
  305. Nothing herein is intended or shall be deemed to constitute any admission
  306. of liability.
  307. 13. MULTIPLE-LICENSED CODE.
  308. Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
  309. "Multiple-Licensed" means that the Initial Developer permits you to utilize
  310. portions of the Covered Code under Your choice of the NPL or the alternative
  311. licenses, if any, specified by the Initial Developer in the file described
  312. in Exhibit A. EXHIBIT A - CUA Office Public License.
  313. "The contents of this file are subject to the CUA Office Public License Version
  314. 1.0 (the "License"); you may not use this file except in compliance with the
  315. License. You may obtain a copy of the License at http://cuaoffice.sourceforge.net/
  316. Software distributed under the License is distributed on an "AS IS" basis,
  317. WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License for
  318. the specific language governing rights and limitations under the License.
  319. The Original Code is ______________________________________ .
  320. The Initial Developer of the Original Code is ________________________ . Portions
  321. created by ______________________ are Copyright (C) ______ _______________________
  322. . All Rights Reserved.
  323. Contributor(s): ______________________________________ .
  324. Alternatively, the contents of this file may be used under the terms of the
  325. _____ license (the " [___] License"), in which case the provisions of [______]
  326. License are applicable instead of those above. If you wish to allow use of
  327. your version of this file only under the terms of the [____] License and not
  328. to allow others to use your version of this file under the CUAPL, indicate
  329. your decision by deleting the provisions above and replace them with the notice
  330. and other provisions required by the [___] License. If you do not delete the
  331. provisions above, a recipient may use your version of this file under either
  332. the CUAPL or the [___] License."
  333. [NOTE: The text of this Exhibit A may differ slightly from the text of the
  334. notices in the Source Code files of the Original Code. You should use the
  335. text of this Exhibit A rather than the text found in the Original Code Source
  336. Code for Your Modifications.]