1Category B: Reciprocal Licenses 2 3The following Licenses have some restrictions and although the 4corresponding software may be found in apache releases, care 5has been taken to make the optional and minimize the chance 6of creating derivative works from them. 7 8In the case of Apache OpenOffice these parts only get included 9when the configure option --enable-category-b has been requested. 10 11____ 12 13 MOZILLA PUBLIC LICENSE 14 Version 1.1 15 16 --------------- 17 181. Definitions. 19 20 1.0.1. "Commercial Use" means distribution or otherwise making the 21 Covered Code available to a third party. 22 23 1.1. "Contributor" means each entity that creates or contributes to 24 the creation of Modifications. 25 26 1.2. "Contributor Version" means the combination of the Original 27 Code, prior Modifications used by a Contributor, and the Modifications 28 made by that particular Contributor. 29 30 1.3. "Covered Code" means the Original Code or Modifications or the 31 combination of the Original Code and Modifications, in each case 32 including portions thereof. 33 34 1.4. "Electronic Distribution Mechanism" means a mechanism generally 35 accepted in the software development community for the electronic 36 transfer of data. 37 38 1.5. "Executable" means Covered Code in any form other than Source 39 Code. 40 41 1.6. "Initial Developer" means the individual or entity identified 42 as the Initial Developer in the Source Code notice required by Exhibit 43 A. 44 45 1.7. "Larger Work" means a work which combines Covered Code or 46 portions thereof with code not governed by the terms of this License. 47 48 1.8. "License" means this document. 49 50 1.8.1. "Licensable" means having the right to grant, to the maximum 51 extent possible, whether at the time of the initial grant or 52 subsequently acquired, any and all of the rights conveyed herein. 53 54 1.9. "Modifications" means any addition to or deletion from the 55 substance or structure of either the Original Code or any previous 56 Modifications. When Covered Code is released as a series of files, a 57 Modification is: 58 A. Any addition to or deletion from the contents of a file 59 containing Original Code or previous Modifications. 60 61 B. Any new file that contains any part of the Original Code or 62 previous Modifications. 63 64 1.10. "Original Code" means Source Code of computer software code 65 which is described in the Source Code notice required by Exhibit A as 66 Original Code, and which, at the time of its release under this 67 License is not already Covered Code governed by this License. 68 69 1.10.1. "Patent Claims" means any patent claim(s), now owned or 70 hereafter acquired, including without limitation, method, process, 71 and apparatus claims, in any patent Licensable by grantor. 72 73 1.11. "Source Code" means the preferred form of the Covered Code for 74 making modifications to it, including all modules it contains, plus 75 any associated interface definition files, scripts used to control 76 compilation and installation of an Executable, or source code 77 differential comparisons against either the Original Code or another 78 well known, available Covered Code of the Contributor's choice. The 79 Source Code can be in a compressed or archival form, provided the 80 appropriate decompression or de-archiving software is widely available 81 for no charge. 82 83 1.12. "You" (or "Your") means an individual or a legal entity 84 exercising rights under, and complying with all of the terms of, this 85 License or a future version of this License issued under Section 6.1. 86 For legal entities, "You" includes any entity which controls, is 87 controlled by, or is under common control with You. For purposes of 88 this definition, "control" means (a) the power, direct or indirect, 89 to cause the direction or management of such entity, whether by 90 contract or otherwise, or (b) ownership of more than fifty percent 91 (50%) of the outstanding shares or beneficial ownership of such 92 entity. 93 942. Source Code License. 95 96 2.1. The Initial Developer Grant. 97 The Initial Developer hereby grants You a world-wide, royalty-free, 98 non-exclusive license, subject to third party intellectual property 99 claims: 100 (a) under intellectual property rights (other than patent or 101 trademark) Licensable by Initial Developer to use, reproduce, 102 modify, display, perform, sublicense and distribute the Original 103 Code (or portions thereof) with or without Modifications, and/or 104 as part of a Larger Work; and 105 106 (b) under Patents Claims infringed by the making, using or 107 selling of Original Code, to make, have made, use, practice, 108 sell, and offer for sale, and/or otherwise dispose of the 109 Original Code (or portions thereof). 110 111 (c) the licenses granted in this Section 2.1(a) and (b) are 112 effective on the date Initial Developer first distributes 113 Original Code under the terms of this License. 114 115 (d) Notwithstanding Section 2.1(b) above, no patent license is 116 granted: 1) for code that You delete from the Original Code; 2) 117 separate from the Original Code; or 3) for infringements caused 118 by: i) the modification of the Original Code or ii) the 119 combination of the Original Code with other software or devices. 120 121 2.2. Contributor Grant. 122 Subject to third party intellectual property claims, each Contributor 123 hereby grants You a world-wide, royalty-free, non-exclusive license 124 125 (a) under intellectual property rights (other than patent or 126 trademark) Licensable by Contributor, to use, reproduce, modify, 127 display, perform, sublicense and distribute the Modifications 128 created by such Contributor (or portions thereof) either on an 129 unmodified basis, with other Modifications, as Covered Code 130 and/or as part of a Larger Work; and 131 132 (b) under Patent Claims infringed by the making, using, or 133 selling of Modifications made by that Contributor either alone 134 and/or in combination with its Contributor Version (or portions 135 of such combination), to make, use, sell, offer for sale, have 136 made, and/or otherwise dispose of: 1) Modifications made by that 137 Contributor (or portions thereof); and 2) the combination of 138 Modifications made by that Contributor with its Contributor 139 Version (or portions of such combination). 140 141 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are 142 effective on the date Contributor first makes Commercial Use of 143 the Covered Code. 144 145 (d) Notwithstanding Section 2.2(b) above, no patent license is 146 granted: 1) for any code that Contributor has deleted from the 147 Contributor Version; 2) separate from the Contributor Version; 148 3) for infringements caused by: i) third party modifications of 149 Contributor Version or ii) the combination of Modifications made 150 by that Contributor with other software (except as part of the 151 Contributor Version) or other devices; or 4) under Patent Claims 152 infringed by Covered Code in the absence of Modifications made by 153 that Contributor. 154 1553. Distribution Obligations. 156 157 3.1. Application of License. 158 The Modifications which You create or to which You contribute are 159 governed by the terms of this License, including without limitation 160 Section 2.2. The Source Code version of Covered Code may be 161 distributed only under the terms of this License or a future version 162 of this License released under Section 6.1, and You must include a 163 copy of this License with every copy of the Source Code You 164 distribute. You may not offer or impose any terms on any Source Code 165 version that alters or restricts the applicable version of this 166 License or the recipients' rights hereunder. However, You may include 167 an additional document offering the additional rights described in 168 Section 3.5. 169 170 3.2. Availability of Source Code. 171 Any Modification which You create or to which You contribute must be 172 made available in Source Code form under the terms of this License 173 either on the same media as an Executable version or via an accepted 174 Electronic Distribution Mechanism to anyone to whom you made an 175 Executable version available; and if made available via Electronic 176 Distribution Mechanism, must remain available for at least twelve (12) 177 months after the date it initially became available, or at least six 178 (6) months after a subsequent version of that particular Modification 179 has been made available to such recipients. You are responsible for 180 ensuring that the Source Code version remains available even if the 181 Electronic Distribution Mechanism is maintained by a third party. 182 183 3.3. Description of Modifications. 184 You must cause all Covered Code to which You contribute to contain a 185 file documenting the changes You made to create that Covered Code and 186 the date of any change. You must include a prominent statement that 187 the Modification is derived, directly or indirectly, from Original 188 Code provided by the Initial Developer and including the name of the 189 Initial Developer in (a) the Source Code, and (b) in any notice in an 190 Executable version or related documentation in which You describe the 191 origin or ownership of the Covered Code. 192 193 3.4. Intellectual Property Matters 194 (a) Third Party Claims. 195 If Contributor has knowledge that a license under a third party's 196 intellectual property rights is required to exercise the rights 197 granted by such Contributor under Sections 2.1 or 2.2, 198 Contributor must include a text file with the Source Code 199 distribution titled "LEGAL" which describes the claim and the 200 party making the claim in sufficient detail that a recipient will 201 know whom to contact. If Contributor obtains such knowledge after 202 the Modification is made available as described in Section 3.2, 203 Contributor shall promptly modify the LEGAL file in all copies 204 Contributor makes available thereafter and shall take other steps 205 (such as notifying appropriate mailing lists or newsgroups) 206 reasonably calculated to inform those who received the Covered 207 Code that new knowledge has been obtained. 208 209 (b) Contributor APIs. 210 If Contributor's Modifications include an application programming 211 interface and Contributor has knowledge of patent licenses which 212 are reasonably necessary to implement that API, Contributor must 213 also include this information in the LEGAL file. 214 215 (c) Representations. 216 Contributor represents that, except as disclosed pursuant to 217 Section 3.4(a) above, Contributor believes that Contributor's 218 Modifications are Contributor's original creation(s) and/or 219 Contributor has sufficient rights to grant the rights conveyed by 220 this License. 221 222 3.5. Required Notices. 223 You must duplicate the notice in Exhibit A in each file of the Source 224 Code. If it is not possible to put such notice in a particular Source 225 Code file due to its structure, then You must include such notice in a 226 location (such as a relevant directory) where a user would be likely 227 to look for such a notice. If You created one or more Modification(s) 228 You may add your name as a Contributor to the notice described in 229 Exhibit A. You must also duplicate this License in any documentation 230 for the Source Code where You describe recipients' rights or ownership 231 rights relating to Covered Code. You may choose to offer, and to 232 charge a fee for, warranty, support, indemnity or liability 233 obligations to one or more recipients of Covered Code. However, You 234 may do so only on Your own behalf, and not on behalf of the Initial 235 Developer or any Contributor. You must make it absolutely clear than 236 any such warranty, support, indemnity or liability obligation is 237 offered by You alone, and You hereby agree to indemnify the Initial 238 Developer and every Contributor for any liability incurred by the 239 Initial Developer or such Contributor as a result of warranty, 240 support, indemnity or liability terms You offer. 241 242 3.6. Distribution of Executable Versions. 243 You may distribute Covered Code in Executable form only if the 244 requirements of Section 3.1-3.5 have been met for that Covered Code, 245 and if You include a notice stating that the Source Code version of 246 the Covered Code is available under the terms of this License, 247 including a description of how and where You have fulfilled the 248 obligations of Section 3.2. The notice must be conspicuously included 249 in any notice in an Executable version, related documentation or 250 collateral in which You describe recipients' rights relating to the 251 Covered Code. You may distribute the Executable version of Covered 252 Code or ownership rights under a license of Your choice, which may 253 contain terms different from this License, provided that You are in 254 compliance with the terms of this License and that the license for the 255 Executable version does not attempt to limit or alter the recipient's 256 rights in the Source Code version from the rights set forth in this 257 License. If You distribute the Executable version under a different 258 license You must make it absolutely clear that any terms which differ 259 from this License are offered by You alone, not by the Initial 260 Developer or any Contributor. You hereby agree to indemnify the 261 Initial Developer and every Contributor for any liability incurred by 262 the Initial Developer or such Contributor as a result of any such 263 terms You offer. 264 265 3.7. Larger Works. 266 You may create a Larger Work by combining Covered Code with other code 267 not governed by the terms of this License and distribute the Larger 268 Work as a single product. In such a case, You must make sure the 269 requirements of this License are fulfilled for the Covered Code. 270 2714. Inability to Comply Due to Statute or Regulation. 272 273 If it is impossible for You to comply with any of the terms of this 274 License with respect to some or all of the Covered Code due to 275 statute, judicial order, or regulation then You must: (a) comply with 276 the terms of this License to the maximum extent possible; and (b) 277 describe the limitations and the code they affect. Such description 278 must be included in the LEGAL file described in Section 3.4 and must 279 be included with all distributions of the Source Code. Except to the 280 extent prohibited by statute or regulation, such description must be 281 sufficiently detailed for a recipient of ordinary skill to be able to 282 understand it. 283 2845. Application of this License. 285 286 This License applies to code to which the Initial Developer has 287 attached the notice in Exhibit A and to related Covered Code. 288 2896. Versions of the License. 290 291 6.1. New Versions. 292 Netscape Communications Corporation ("Netscape") may publish revised 293 and/or new versions of the License from time to time. Each version 294 will be given a distinguishing version number. 295 296 6.2. Effect of New Versions. 297 Once Covered Code has been published under a particular version of the 298 License, You may always continue to use it under the terms of that 299 version. You may also choose to use such Covered Code under the terms 300 of any subsequent version of the License published by Netscape. No one 301 other than Netscape has the right to modify the terms applicable to 302 Covered Code created under this License. 303 304 6.3. Derivative Works. 305 If You create or use a modified version of this License (which you may 306 only do in order to apply it to code which is not already Covered Code 307 governed by this License), You must (a) rename Your license so that 308 the phrases "Mozilla", "MOZILLAPL", "MOZPL", "Netscape", 309 "MPL", "NPL" or any confusingly similar phrase do not appear in your 310 license (except to note that your license differs from this License) 311 and (b) otherwise make it clear that Your version of the license 312 contains terms which differ from the Mozilla Public License and 313 Netscape Public License. (Filling in the name of the Initial 314 Developer, Original Code or Contributor in the notice described in 315 Exhibit A shall not of themselves be deemed to be modifications of 316 this License.) 317 3187. DISCLAIMER OF WARRANTY. 319 320 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 321 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 322 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 323 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 324 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 325 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 326 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 327 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 328 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 329 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 330 3318. TERMINATION. 332 333 8.1. This License and the rights granted hereunder will terminate 334 automatically if You fail to comply with terms herein and fail to cure 335 such breach within 30 days of becoming aware of the breach. All 336 sublicenses to the Covered Code which are properly granted shall 337 survive any termination of this License. Provisions which, by their 338 nature, must remain in effect beyond the termination of this License 339 shall survive. 340 341 8.2. If You initiate litigation by asserting a patent infringement 342 claim (excluding declatory judgment actions) against Initial Developer 343 or a Contributor (the Initial Developer or Contributor against whom 344 You file such action is referred to as "Participant") alleging that: 345 346 (a) such Participant's Contributor Version directly or indirectly 347 infringes any patent, then any and all rights granted by such 348 Participant to You under Sections 2.1 and/or 2.2 of this License 349 shall, upon 60 days notice from Participant terminate prospectively, 350 unless if within 60 days after receipt of notice You either: (i) 351 agree in writing to pay Participant a mutually agreeable reasonable 352 royalty for Your past and future use of Modifications made by such 353 Participant, or (ii) withdraw Your litigation claim with respect to 354 the Contributor Version against such Participant. If within 60 days 355 of notice, a reasonable royalty and payment arrangement are not 356 mutually agreed upon in writing by the parties or the litigation claim 357 is not withdrawn, the rights granted by Participant to You under 358 Sections 2.1 and/or 2.2 automatically terminate at the expiration of 359 the 60 day notice period specified above. 360 361 (b) any software, hardware, or device, other than such Participant's 362 Contributor Version, directly or indirectly infringes any patent, then 363 any rights granted to You by such Participant under Sections 2.1(b) 364 and 2.2(b) are revoked effective as of the date You first made, used, 365 sold, distributed, or had made, Modifications made by that 366 Participant. 367 368 8.3. If You assert a patent infringement claim against Participant 369 alleging that such Participant's Contributor Version directly or 370 indirectly infringes any patent where such claim is resolved (such as 371 by license or settlement) prior to the initiation of patent 372 infringement litigation, then the reasonable value of the licenses 373 granted by such Participant under Sections 2.1 or 2.2 shall be taken 374 into account in determining the amount or value of any payment or 375 license. 376 377 8.4. In the event of termination under Sections 8.1 or 8.2 above, 378 all end user license agreements (excluding distributors and resellers) 379 which have been validly granted by You or any distributor hereunder 380 prior to termination shall survive termination. 381 3829. LIMITATION OF LIABILITY. 383 384 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 385 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 386 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 387 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 388 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 389 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 390 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 391 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 392 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 393 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 394 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 395 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 396 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 397 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 398 39910. U.S. GOVERNMENT END USERS. 400 401 The Covered Code is a "commercial item," as that term is defined in 402 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer 403 software" and "commercial computer software documentation," as such 404 terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 405 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), 406 all U.S. Government End Users acquire Covered Code with only those 407 rights set forth herein. 408 40911. MISCELLANEOUS. 410 411 This License represents the complete agreement concerning subject 412 matter hereof. If any provision of this License is held to be 413 unenforceable, such provision shall be reformed only to the extent 414 necessary to make it enforceable. This License shall be governed by 415 California law provisions (except to the extent applicable law, if 416 any, provides otherwise), excluding its conflict-of-law provisions. 417 With respect to disputes in which at least one party is a citizen of, 418 or an entity chartered or registered to do business in the United 419 States of America, any litigation relating to this License shall be 420 subject to the jurisdiction of the Federal Courts of the Northern 421 District of California, with venue lying in Santa Clara County, 422 California, with the losing party responsible for costs, including 423 without limitation, court costs and reasonable attorneys' fees and 424 expenses. The application of the United Nations Convention on 425 Contracts for the International Sale of Goods is expressly excluded. 426 Any law or regulation which provides that the language of a contract 427 shall be construed against the drafter shall not apply to this 428 License. 429 43012. RESPONSIBILITY FOR CLAIMS. 431 432 As between Initial Developer and the Contributors, each party is 433 responsible for claims and damages arising, directly or indirectly, 434 out of its utilization of rights under this License and You agree to 435 work with Initial Developer and Contributors to distribute such 436 responsibility on an equitable basis. Nothing herein is intended or 437 shall be deemed to constitute any admission of liability. 438 43913. MULTIPLE-LICENSED CODE. 440 441 Initial Developer may designate portions of the Covered Code as 442 "Multiple-Licensed". "Multiple-Licensed" means that the Initial 443 Developer permits you to utilize portions of the Covered Code under 444 Your choice of the NPL or the alternative licenses, if any, specified 445 by the Initial Developer in the file described in Exhibit A. 446 447EXHIBIT A -Mozilla Public License. 448 449 ``The contents of this file are subject to the Mozilla Public License 450 Version 1.1 (the "License"); you may not use this file except in 451 compliance with the License. You may obtain a copy of the License at 452 http://www.mozilla.org/MPL/ 453 454 Software distributed under the License is distributed on an "AS IS" 455 basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See the 456 License for the specific language governing rights and limitations 457 under the License. 458 459 The Original Code is ______________________________________. 460 461 The Initial Developer of the Original Code is ________________________. 462 Portions created by ______________________ are Copyright (C) ______ 463 _______________________. All Rights Reserved. 464 465 Contributor(s): ______________________________________. 466 467 Alternatively, the contents of this file may be used under the terms 468 of the _____ license (the "[___] License"), in which case the 469 provisions of [______] License are applicable instead of those 470 above. If you wish to allow use of your version of this file only 471 under the terms of the [____] License and not to allow others to use 472 your version of this file under the MPL, indicate your decision by 473 deleting the provisions above and replace them with the notice and 474 other provisions required by the [___] License. If you do not delete 475 the provisions above, a recipient may use your version of this file 476 under either the MPL or the [___] License." 477 478 [NOTE: The text of this Exhibit A may differ slightly from the text of 479 the notices in the Source Code files of the Original Code. You should 480 use the text of this Exhibit A rather than the text found in the 481 Original Code Source Code for Your Modifications.] 482 483____ 484 485SUN PUBLIC LICENSE Version 1.0 486 4871. Definitions. 488 489 1.0.1. "Commercial Use" means distribution or otherwise making the 490 Covered Code available to a third party. 491 492 1.1. "Contributor" means each entity that creates or contributes to 493 the creation of Modifications. 494 495 1.2. "Contributor Version" means the combination of the Original Code, 496 prior Modifications used by a Contributor, and the Modifications made 497 by that particular Contributor. 498 499 1.3. "Covered Code" means the Original Code or Modifications or the 500 combination of the Original Code and Modifications, in each case 501 including portions thereof and corresponding documentation released 502 with the source code. 503 504 1.4. "Electronic Distribution Mechanism" means a mechanism generally 505 accepted in the software development community for the electronic 506 transfer of data. 507 508 1.5. "Executable" means Covered Code in any form other than Source 509 Code. 510 511 1.6. "Initial Developer" means the individual or entity identified as 512 the Initial Developer in the Source Code notice required by Exhibit A. 513 514 1.7. "Larger Work" means a work which combines Covered Code or 515 portions thereof with code not governed by the terms of this License. 516 517 1.8. "License" means this document. 518 519 1.8.1. "Licensable" means having the right to grant, to the maximum 520 extent possible, whether at the time of the initial grant or 521 subsequently acquired, any and all of the rights conveyed herein. 522 523 1.9. "Modifications" means any addition to or deletion from the 524 substance or structure of either the Original Code or any previous 525 Modifications. When Covered Code is released as a series of files, a 526 Modification is: 527 528 A. Any addition to or deletion from the contents of a file containing 529 Original Code or previous Modifications. 530 531 B. Any new file that contains any part of the Original Code or 532 previous Modifications. 533 534 1.10. "Original Code" means Source Code of computer software code 535 which is described in the Source Code notice required by Exhibit A as 536 Original Code, and which, at the time of its release under this 537 License is not already Covered Code governed by this License. 538 539 1.10.1. "Patent Claims" means any patent claim(s), now owned or 540 hereafter acquired, including without limitation, method, process, and 541 apparatus claims, in any patent Licensable by grantor. 542 543 1.11. "Source Code" means the preferred form of the Covered Code for 544 making modifications to it, including all modules it contains, plus 545 any associated documentation, interface definition files, scripts used 546 to control compilation and installation of an Executable, or source 547 code differential comparisons against either the Original Code or 548 another well known, available Covered Code of the Contributor's 549 choice. The Source Code can be in a compressed or archival form, 550 provided the appropriate decompression or de-archiving software is 551 widely available for no charge. 552 553 1.12. "You" (or "Your") means an individual or a legal entity 554 exercising rights under, and complying with all of the terms of, this 555 License or a future version of this License issued under Section 6.1. 556 For legal entities, "You" includes any entity which controls, is 557 controlled by, or is under common control with You. For purposes of 558 this definition, "control" means (a) the power, direct or indirect, to 559 cause the direction or management of such entity, whether by contract 560 or otherwise, or (b) ownership of more than fifty percent (50%) of the 561 outstanding shares or beneficial ownership of such entity. 562 5632. Source Code License. 564 5652.1 The Initial Developer Grant. 566 567 The Initial Developer hereby grants You a world-wide, royalty-free, 568 non-exclusive license, subject to third party intellectual property 569 claims: 570 571 (a) under intellectual property rights (other than patent or 572 trademark) Licensable by Initial Developer to use, reproduce, modify, 573 display, perform, sublicense and distribute the Original Code (or 574 portions thereof) with or without Modifications, and/or as part of a 575 Larger Work; and 576 577 (b) under Patent Claims infringed by the making, using or selling of 578 Original Code, to make, have made, use, practice, sell, and offer for 579 sale, and/or otherwise dispose of the Original Code (or portions 580 thereof). 581 582 (c) the licenses granted in this Section 2.1(a) and (b) are effective 583 on the date Initial Developer first distributes Original Code under 584 the terms of this License. 585 586 (d) Notwithstanding Section 2.1(b) above, no patent license is 587 granted: 1) for code that You delete from the Original Code; 2) 588 separate from the Original Code; or 3) for infringements caused by: 589 i) the modification of the Original Code or ii) the combination of the 590 Original Code with other software or devices. 591 5922.2. Contributor Grant. 593 594 Subject to third party intellectual property claims, each Contributor 595 hereby grants You a world-wide, royalty-free, non-exclusive license 596 597 (a) under intellectual property rights (other than patent or 598 trademark) Licensable by Contributor, to use, reproduce, modify, 599 display, perform, sublicense and distribute the Modifications created 600 by such Contributor (or portions thereof) either on an unmodified 601 basis, with other Modifications, as Covered Code and/or as part of a 602 Larger Work; and 603 604 (b) under Patent Claims infringed by the making, using, or selling of 605 Modifications made by that Contributor either alone and/or in 606 combination with its Contributor Version (or portions of such 607 combination), to make, use, sell, offer for sale, have made, and/or 608 otherwise dispose of: 1) Modifications made by that Contributor (or 609 portions thereof); and 2) the combination of Modifications made by 610 that Contributor with its Contributor Version (or portions of such 611 combination). 612 613 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective 614 on the date Contributor first makes Commercial Use of the Covered 615 Code. 616 617 (d) notwithstanding Section 2.2(b) above, no patent license is 618 granted: 1) for any code that Contributor has deleted from the 619 Contributor Version; 2) separate from the Contributor Version; 3) for 620 infringements caused by: i) third party modifications of Contributor 621 Version or ii) the combination of Modifications made by that 622 Contributor with other software (except as part of the Contributor 623 Version) or other devices; or 4) under Patent Claims infringed by 624 Covered Code in the absence of Modifications made by that Contributor. 625 6263. Distribution Obligations. 627 6283.1. Application of License. 629 630 The Modifications which You create or to which You contribute are 631 governed by the terms of this License, including without limitation 632 Section 2.2. The Source Code version of Covered Code may be 633 distributed only under the terms of this License or a future version 634 of this License released under Section 6.1, and You must include a 635 copy of this License with every copy of the Source Code You 636 distribute. You may not offer or impose any terms on any Source Code 637 version that alters or restricts the applicable version of this 638 License or the recipients' rights hereunder. However, You may include 639 an additional document offering the additional rights described in 640 Section 3.5. 641 6423.2. Availability of Source Code. 643 644 Any Modification which You create or to which You contribute must be 645 made available in Source Code form under the terms of this License 646 either on the same media as an Executable version or via an accepted 647 Electronic Distribution Mechanism to anyone to whom you made an 648 Executable version available; and if made available via Electronic 649 Distribution Mechanism, must remain available for at least twelve (12) 650 months after the date it initially became available, or at least six 651 (6) months after a subsequent version of that particular Modification 652 has been made available to such recipients. You are responsible for 653 ensuring that the Source Code version remains available even if the 654 Electronic Distribution Mechanism is maintained by a third party. 655 6563.3. Description of Modifications. 657 658 You must cause all Covered Code to which You contribute to contain a 659 file documenting the changes You made to create that Covered Code and 660 the date of any change. You must include a prominent statement that 661 the Modification is derived, directly or indirectly, from Original 662 Code provided by the Initial Developer and including the name of the 663 Initial Developer in (a) the Source Code, and (b) in any notice in an 664 Executable version or related documentation in which You describe the 665 origin or ownership of the Covered Code. 666 6673.4. Intellectual Property Matters. 668 669 (a) Third Party Claims. 670 671 If Contributor has knowledge that a license under a third party's 672 intellectual property rights is required to exercise the rights 673 granted by such Contributor under Sections 2.1 or 2.2, Contributor 674 must include a text file with the Source Code distribution titled 675 "LEGAL'' which describes the claim and the party making the claim in 676 sufficient detail that a recipient will know whom to contact. If 677 Contributor obtains such knowledge after the Modification is made 678 available as described in Section 3.2, Contributor shall promptly 679 modify the LEGAL file in all copies Contributor makes available 680 thereafter and shall take other steps (such as notifying appropriate 681 mailing lists or newsgroups) reasonably calculated to inform those who 682 received the Covered Code that new knowledge has been obtained. 683 684 (b) Contributor APIs. 685 686 If Contributor's Modifications include an application programming 687 interface ("API") and Contributor has knowledge of patent licenses 688 which are reasonably necessary to implement that API, Contributor must 689 also include this information in the LEGAL file. 690 691 (c) Representations. 692 693 Contributor represents that, except as disclosed pursuant to Section 694 3.4(a) above, Contributor believes that Contributor's Modifications 695 are Contributor's original creation(s) and/or Contributor has 696 sufficient rights to grant the rights conveyed by this License. 697 6983.5. Required Notices. 699 700 You must duplicate the notice in Exhibit A in each file of the Source 701 Code. If it is not possible to put such notice in a particular Source 702 Code file due to its structure, then You must include such notice in a 703 location (such as a relevant directory) where a user would be likely 704 to look for such a notice. If You created one or more Modification(s) 705 You may add your name as a Contributor to the notice described in 706 Exhibit A. You must also duplicate this License in any documentation 707 for the Source Code where You describe recipients' rights or ownership 708 rights relating to Covered Code. You may choose to offer, and to 709 charge a fee for, warranty, support, indemnity or liability 710 obligations to one or more recipients of Covered Code. However, You 711 may do so only on Your own behalf, and not on behalf of the Initial 712 Developer or any Contributor. You must make it absolutely clear than 713 any such warranty, support, indemnity or liability obligation is 714 offered by You alone, and You hereby agree to indemnify the Initial 715 Developer and every Contributor for any liability incurred by the 716 Initial Developer or such Contributor as a result of warranty, 717 support, indemnity or liability terms You offer. 718 7193.6. Distribution of Executable Versions. 720 721 You may distribute Covered Code in Executable form only if the 722 requirements of Section 3.1-3.5 have been met for that Covered Code, 723 and if You include a notice stating that the Source Code version of 724 the Covered Code is available under the terms of this License, 725 including a description of how and where You have fulfilled the 726 obligations of Section 3.2. The notice must be conspicuously included 727 in any notice in an Executable version, related documentation or 728 collateral in which You describe recipients' rights relating to the 729 Covered Code. You may distribute the Executable version of Covered 730 Code or ownership rights under a license of Your choice, which may 731 contain terms different from this License, provided that You are in 732 compliance with the terms of this License and that the license for the 733 Executable version does not attempt to limit or alter the recipient's 734 rights in the Source Code version from the rights set forth in this 735 License. If You distribute the Executable version under a different 736 license You must make it absolutely clear that any terms which differ 737 from this License are offered by You alone, not by the Initial 738 Developer or any Contributor. You hereby agree to indemnify the 739 Initial Developer and every Contributor for any liability incurred by 740 the Initial Developer or such Contributor as a result of any such 741 terms You offer. 742 7433.7. Larger Works. 744 745 You may create a Larger Work by combining Covered Code with other code 746 not governed by the terms of this License and distribute the Larger 747 Work as a single product. In such a case, You must make sure the 748 requirements of this License are fulfilled for the Covered Code. 749 7504. Inability to Comply Due to Statute or Regulation. 751 752 If it is impossible for You to comply with any of the terms of this 753 License with respect to some or all of the Covered Code due to 754 statute, judicial order, or regulation then You must: (a) comply with 755 the terms of this License to the maximum extent possible; and (b) 756 describe the limitations and the code they affect. Such description 757 must be included in the LEGAL file described in Section 3.4 and must 758 be included with all distributions of the Source Code. Except to the 759 extent prohibited by statute or regulation, such description must be 760 sufficiently detailed for a recipient of ordinary skill to be able to 761 understand it. 762 7635. Application of this License. 764 765 This License applies to code to which the Initial Developer has 766 attached the notice in Exhibit A and to related Covered Code. 767 7686. Versions of the License. 769 7706.1. New Versions. 771 772 Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions 773 of the License from time to time. Each version will be given a 774 distinguishing version number. 775 7766.2. Effect of New Versions. 777 778 Once Covered Code has been published under a particular version of the 779 License, You may always continue to use it under the terms of that 780 version. You may also choose to use such Covered Code under the terms 781 of any subsequent version of the License published by Sun. No one 782 other than Sun has the right to modify the terms applicable to Covered 783 Code created under this License. 784 7856.3. Derivative Works. 786 787 If You create or use a modified version of this License (which you may 788 only do in order to apply it to code which is not already Covered Code 789 governed by this License), You must: (a) rename Your license so that 790 the phrases "Sun," "Sun Public License," or "SPL" or any confusingly 791 similar phrase do not appear in your license (except to note that your 792 license differs from this License) and (b) otherwise make it clear 793 that Your version of the license contains terms which differ from the 794 Sun Public License. (Filling in the name of the Initial Developer, 795 Original Code or Contributor in the notice described in Exhibit A 796 shall not of themselves be deemed to be modifications of this 797 License.) 798 7997. DISCLAIMER OF WARRANTY. 800 801 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, 802 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 803 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 804 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 805 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 806 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 807 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 808 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 809 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 810 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 811 8128. TERMINATION. 813 814 8.1. This License and the rights granted hereunder will terminate 815 automatically if You fail to comply with terms herein and fail to cure 816 such breach within 30 days of becoming aware of the breach. All 817 sublicenses to the Covered Code which are properly granted shall 818 survive any termination of this License. Provisions which, by their 819 nature, must remain in effect beyond the termination of this License 820 shall survive. 821 822 8.2. If You initiate litigation by asserting a patent infringement 823 claim (excluding declaratory judgment actions) against Initial Developer 824 or a Contributor (the Initial Developer or Contributor against whom 825 You file such action is referred to as "Participant") alleging that: 826 827 (a) such Participant's Contributor Version directly or indirectly 828 infringes any patent, then any and all rights granted by such 829 Participant to You under Sections 2.1 and/or 2.2 of this License 830 shall, upon 60 days notice from Participant terminate prospectively, 831 unless if within 60 days after receipt of notice You either: (i) 832 agree in writing to pay Participant a mutually agreeable reasonable 833 royalty for Your past and future use of Modifications made by such 834 Participant, or (ii) withdraw Your litigation claim with respect to 835 the Contributor Version against such Participant. If within 60 days 836 of notice, a reasonable royalty and payment arrangement are not 837 mutually agreed upon in writing by the parties or the litigation claim 838 is not withdrawn, the rights granted by Participant to You under 839 Sections 2.1 and/or 2.2 automatically terminate at the expiration of 840 the 60 day notice period specified above. 841 842 (b) any software, hardware, or device, other than such Participant's 843 Contributor Version, directly or indirectly infringes any patent, then 844 any rights granted to You by such Participant under Sections 2.1(b) 845 and 2.2(b) are revoked effective as of the date You first made, used, 846 sold, distributed, or had made, Modifications made by that 847 Participant. 848 849 8.3. If You assert a patent infringement claim against Participant 850 alleging that such Participant's Contributor Version directly or 851 indirectly infringes any patent where such claim is resolved (such as 852 by license or settlement) prior to the initiation of patent 853 infringement litigation, then the reasonable value of the licenses 854 granted by such Participant under Sections 2.1 or 2.2 shall be taken 855 into account in determining the amount or value of any payment or 856 license. 857 858 8.4. In the event of termination under Sections 8.1 or 8.2 above, all 859 end user license agreements (excluding distributors and resellers) 860 which have been validly granted by You or any distributor hereunder 861 prior to termination shall survive termination. 862 8639. LIMITATION OF LIABILITY. 864 865 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 866 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 867 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 868 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 869 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 870 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 871 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 872 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 873 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 874 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 875 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 876 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 877 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 878 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 879 88010. U.S. GOVERNMENT END USERS. 881 882 The Covered Code is a "commercial item," as that term is defined in 48 883 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 884 and "commercial computer software documentation," as such terms are 885 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 886 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 887 U.S. Government End Users acquire Covered Code with only those rights 888 set forth herein. 889 89011. MISCELLANEOUS. 891 892 This License represents the complete agreement concerning subject 893 matter hereof. If any provision of this License is held to be 894 unenforceable, such provision shall be reformed only to the extent 895 necessary to make it enforceable. This License shall be governed by 896 California law provisions (except to the extent applicable law, if 897 any, provides otherwise), excluding its conflict-of-law provisions. 898 With respect to disputes in which at least one party is a citizen of, 899 or an entity chartered or registered to do business in the United 900 States of America, any litigation relating to this License shall be 901 subject to the jurisdiction of the Federal Courts of the Northern 902 District of California, with venue lying in Santa Clara County, 903 California, with the losing party responsible for costs, including 904 without limitation, court costs and reasonable attorneys' fees and 905 expenses. The application of the United Nations Convention on 906 Contracts for the International Sale of Goods is expressly excluded. 907 Any law or regulation which provides that the language of a contract 908 shall be construed against the drafter shall not apply to this 909 License. 910 91112. RESPONSIBILITY FOR CLAIMS. 912 913 As between Initial Developer and the Contributors, each party is 914 responsible for claims and damages arising, directly or indirectly, 915 out of its utilization of rights under this License and You agree to 916 work with Initial Developer and Contributors to distribute such 917 responsibility on an equitable basis. Nothing herein is intended or 918 shall be deemed to constitute any admission of liability. 919 92013. MULTIPLE-LICENSED CODE. 921 922 Initial Developer may designate portions of the Covered Code as 923 ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial 924 Developer permits you to utilize portions of the Covered Code under 925 Your choice of the alternative licenses, if any, specified by the 926 Initial Developer in the file described in Exhibit A. 927 928Exhibit A -Sun Public License Notice. 929 930 The contents of this file are subject to the Sun Public License 931 Version 1.0 (the "License"); you may not use this file except in 932 compliance with the License. A copy of the License is available at 933 http://www.sun.com/ 934 935 The Original Code is _________________. The Initial Developer of the 936 Original Code is ___________. Portions created by ______ are Copyright 937 (C)_________. All Rights Reserved. 938 939 Contributor(s): ______________________________________. 940 941 Alternatively, the contents of this file may be used under the terms 942 of the _____ license (the ?[___] License?), in which case the 943 provisions of [______] License are applicable instead of those above. 944 If you wish to allow use of your version of this file only under the 945 terms of the [____] License and not to allow others to use your 946 version of this file under the SPL, indicate your decision by deleting 947 the provisions above and replace them with the notice and other 948 provisions required by the [___] License. If you do not delete the 949 provisions above, a recipient may use your version of this file under 950 either the SPL or the [___] License." 951 952 [NOTE: The text of this Exhibit A may differ slightly from the text of 953 the notices in the Source Code files of the Original Code. You should 954 use the text of this Exhibit A rather than the text found in the 955 Original Code Source Code for Your Modifications.] 956 957____ 958 959 960 Eclipse Public License - v 1.0 961 962THE ACCOMPANYING PROGRAM IS PROVIDED UNDER THE TERMS OF THIS ECLIPSE 963PUBLIC LICENSE ("AGREEMENT"). ANY USE, REPRODUCTION OR DISTRIBUTION OF 964THE PROGRAM CONSTITUTES RECIPIENT'S ACCEPTANCE OF THIS AGREEMENT. 965 966*1. DEFINITIONS* 967 968"Contribution" means: 969 970a) in the case of the initial Contributor, the initial code and 971documentation distributed under this Agreement, and 972 973b) in the case of each subsequent Contributor: 974 975i) changes to the Program, and 976 977ii) additions to the Program; 978 979where such changes and/or additions to the Program originate from and 980are distributed by that particular Contributor. A Contribution 981'originates' from a Contributor if it was added to the Program by such 982Contributor itself or anyone acting on such Contributor's behalf. 983Contributions do not include additions to the Program which: (i) are 984separate modules of software distributed in conjunction with the Program 985under their own license agreement, and (ii) are not derivative works of 986the Program. 987 988"Contributor" means any person or entity that distributes the Program. 989 990"Licensed Patents" mean patent claims licensable by a Contributor which 991are necessarily infringed by the use or sale of its Contribution alone 992or when combined with the Program. 993 994"Program" means the Contributions distributed in accordance with this 995Agreement. 996 997"Recipient" means anyone who receives the Program under this Agreement, 998including all Contributors. 999 1000*2. GRANT OF RIGHTS* 1001 1002a) Subject to the terms of this Agreement, each Contributor hereby 1003grants Recipient a non-exclusive, worldwide, royalty-free copyright 1004license to reproduce, prepare derivative works of, publicly display, 1005publicly perform, distribute and sublicense the Contribution of such 1006Contributor, if any, and such derivative works, in source code and 1007object code form. 1008 1009b) Subject to the terms of this Agreement, each Contributor hereby 1010grants Recipient a non-exclusive, worldwide, royalty-free patent license 1011under Licensed Patents to make, use, sell, offer to sell, import and 1012otherwise transfer the Contribution of such Contributor, if any, in 1013source code and object code form. This patent license shall apply to the 1014combination of the Contribution and the Program if, at the time the 1015Contribution is added by the Contributor, such addition of the 1016Contribution causes such combination to be covered by the Licensed 1017Patents. The patent license shall not apply to any other combinations 1018which include the Contribution. No hardware per se is licensed hereunder. 1019 1020c) Recipient understands that although each Contributor grants the 1021licenses to its Contributions set forth herein, no assurances are 1022provided by any Contributor that the Program does not infringe the 1023patent or other intellectual property rights of any other entity. Each 1024Contributor disclaims any liability to Recipient for claims brought by 1025any other entity based on infringement of intellectual property rights 1026or otherwise. As a condition to exercising the rights and licenses 1027granted hereunder, each Recipient hereby assumes sole responsibility to 1028secure any other intellectual property rights needed, if any. For 1029example, if a third party patent license is required to allow Recipient 1030to distribute the Program, it is Recipient's responsibility to acquire 1031that license before distributing the Program. 1032 1033d) Each Contributor represents that to its knowledge it has sufficient 1034copyright rights in its Contribution, if any, to grant the copyright 1035license set forth in this Agreement. 1036 1037*3. REQUIREMENTS* 1038 1039A Contributor may choose to distribute the Program in object code form 1040under its own license agreement, provided that: 1041 1042a) it complies with the terms and conditions of this Agreement; and 1043 1044b) its license agreement: 1045 1046i) effectively disclaims on behalf of all Contributors all warranties 1047and conditions, express and implied, including warranties or conditions 1048of title and non-infringement, and implied warranties or conditions of 1049merchantability and fitness for a particular purpose; 1050 1051ii) effectively excludes on behalf of all Contributors all liability for 1052damages, including direct, indirect, special, incidental and 1053consequential damages, such as lost profits; 1054 1055iii) states that any provisions which differ from this Agreement are 1056offered by that Contributor alone and not by any other party; and 1057 1058iv) states that source code for the Program is available from such 1059Contributor, and informs licensees how to obtain it in a reasonable 1060manner on or through a medium customarily used for software exchange. 1061 1062When the Program is made available in source code form: 1063 1064a) it must be made available under this Agreement; and 1065 1066b) a copy of this Agreement must be included with each copy of the Program. 1067 1068Contributors may not remove or alter any copyright notices contained 1069within the Program. 1070 1071Each Contributor must identify itself as the originator of its 1072Contribution, if any, in a manner that reasonably allows subsequent 1073Recipients to identify the originator of the Contribution. 1074 1075*4. COMMERCIAL DISTRIBUTION* 1076 1077Commercial distributors of software may accept certain responsibilities 1078with respect to end users, business partners and the like. While this 1079license is intended to facilitate the commercial use of the Program, the 1080Contributor who includes the Program in a commercial product offering 1081should do so in a manner which does not create potential liability for 1082other Contributors. Therefore, if a Contributor includes the Program in 1083a commercial product offering, such Contributor ("Commercial 1084Contributor") hereby agrees to defend and indemnify every other 1085Contributor ("Indemnified Contributor") against any losses, damages and 1086costs (collectively "Losses") arising from claims, lawsuits and other 1087legal actions brought by a third party against the Indemnified 1088Contributor to the extent caused by the acts or omissions of such 1089Commercial Contributor in connection with its distribution of the 1090Program in a commercial product offering. The obligations in this 1091section do not apply to any claims or Losses relating to any actual or 1092alleged intellectual property infringement. In order to qualify, an 1093Indemnified Contributor must: a) promptly notify the Commercial 1094Contributor in writing of such claim, and b) allow the Commercial 1095Contributor to control, and cooperate with the Commercial Contributor 1096in, the defense and any related settlement negotiations. The Indemnified 1097Contributor may participate in any such claim at its own expense. 1098 1099For example, a Contributor might include the Program in a commercial 1100product offering, Product X. That Contributor is then a Commercial 1101Contributor. If that Commercial Contributor then makes performance 1102claims, or offers warranties related to Product X, those performance 1103claims and warranties are such Commercial Contributor's responsibility 1104alone. Under this section, the Commercial Contributor would have to 1105defend claims against the other Contributors related to those 1106performance claims and warranties, and if a court requires any other 1107Contributor to pay any damages as a result, the Commercial Contributor 1108must pay those damages. 1109 1110*5. NO WARRANTY* 1111 1112EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PROGRAM IS PROVIDED 1113ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, 1114EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES 1115OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR 1116A PARTICULAR PURPOSE. Each Recipient is solely responsible for 1117determining the appropriateness of using and distributing the Program 1118and assumes all risks associated with its exercise of rights under this 1119Agreement , including but not limited to the risks and costs of program 1120errors, compliance with applicable laws, damage to or loss of data, 1121programs or equipment, and unavailability or interruption of operations. 1122 1123*6. DISCLAIMER OF LIABILITY* 1124 1125EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER RECIPIENT NOR 1126ANY CONTRIBUTORS SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, 1127INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING 1128WITHOUT LIMITATION LOST PROFITS), HOWEVER CAUSED AND ON ANY THEORY OF 1129LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING 1130NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OR 1131DISTRIBUTION OF THE PROGRAM OR THE EXERCISE OF ANY RIGHTS GRANTED 1132HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 1133 1134*7. GENERAL* 1135 1136If any provision of this Agreement is invalid or unenforceable under 1137applicable law, it shall not affect the validity or enforceability of 1138the remainder of the terms of this Agreement, and without further action 1139by the parties hereto, such provision shall be reformed to the minimum 1140extent necessary to make such provision valid and enforceable. 1141 1142If Recipient institutes patent litigation against any entity (including 1143a cross-claim or counterclaim in a lawsuit) alleging that the Program 1144itself (excluding combinations of the Program with other software or 1145hardware) infringes such Recipient's patent(s), then such Recipient's 1146rights granted under Section 2(b) shall terminate as of the date such 1147litigation is filed. 1148 1149All Recipient's rights under this Agreement shall terminate if it fails 1150to comply with any of the material terms or conditions of this Agreement 1151and does not cure such failure in a reasonable period of time after 1152becoming aware of such noncompliance. If all Recipient's rights under 1153this Agreement terminate, Recipient agrees to cease use and distribution 1154of the Program as soon as reasonably practicable. However, Recipient's 1155obligations under this Agreement and any licenses granted by Recipient 1156relating to the Program shall continue and survive. 1157 1158Everyone is permitted to copy and distribute copies of this Agreement, 1159but in order to avoid inconsistency the Agreement is copyrighted and may 1160only be modified in the following manner. The Agreement Steward reserves 1161the right to publish new versions (including revisions) of this 1162Agreement from time to time. No one other than the Agreement Steward has 1163the right to modify this Agreement. The Eclipse Foundation is the 1164initial Agreement Steward. The Eclipse Foundation may assign the 1165responsibility to serve as the Agreement Steward to a suitable separate 1166entity. Each new version of the Agreement will be given a distinguishing 1167version number. The Program (including Contributions) may always be 1168distributed subject to the version of the Agreement under which it was 1169received. In addition, after a new version of the Agreement is 1170published, Contributor may elect to distribute the Program (including 1171its Contributions) under the new version. Except as expressly stated in 1172Sections 2(a) and 2(b) above, Recipient receives no rights or licenses 1173to the intellectual property of any Contributor under this Agreement, 1174whether expressly, by implication, estoppel or otherwise. All rights in 1175the Program not expressly granted under this Agreement are reserved. 1176 1177This Agreement is governed by the laws of the State of New York and the 1178intellectual property laws of the United States of America. No party to 1179this Agreement will bring a legal action under this Agreement more than 1180one year after the cause of action arose. Each party waives its rights 1181to a jury trial in any resulting litigation. 1182 1183____ 1184 1185SIL OPEN FONT LICENSE 1186 1187Version 1.1 - 26 February 2007 1188PREAMBLE 1189 1190The goals of the Open Font License (OFL) are to stimulate worldwide 1191development of collaborative font projects, to support the font creation 1192efforts of academic and linguistic communities, and to provide a free and 1193open framework in which fonts may be shared and improved in partnership 1194with others. 1195 1196The OFL allows the licensed fonts to be used, studied, modified and 1197redistributed freely as long as they are not sold by themselves. The 1198fonts, including any derivative works, can be bundled, embedded, 1199redistributed and/or sold with any software provided that any reserved 1200names are not used by derivative works. The fonts and derivatives, 1201however, cannot be released under any other type of license. The 1202requirement for fonts to remain under this license does not apply 1203to any document created using the fonts or their derivatives. 1204DEFINITIONS 1205 1206"Font Software" refers to the set of files released by the Copyright 1207Holder(s) under this license and clearly marked as such. This may 1208include source files, build scripts and documentation. 1209 1210"Reserved Font Name" refers to any names specified as such after the 1211copyright statement(s). 1212 1213"Original Version" refers to the collection of Font Software components as 1214distributed by the Copyright Holder(s). 1215 1216"Modified Version" refers to any derivative made by adding to, deleting, 1217or substituting ? in part or in whole ? any of the components of the 1218Original Version, by changing formats or by porting the Font Software to a 1219new environment. 1220 1221"Author" refers to any designer, engineer, programmer, technical 1222writer or other person who contributed to the Font Software. 1223PERMISSION & CONDITIONS 1224 1225Permission is hereby granted, free of charge, to any person obtaining 1226a copy of the Font Software, to use, study, copy, merge, embed, modify, 1227redistribute, and sell modified and unmodified copies of the Font 1228Software, subject to the following conditions: 1229 12301) Neither the Font Software nor any of its individual components, 1231in Original or Modified Versions, may be sold by itself. 1232 12332) Original or Modified Versions of the Font Software may be bundled, 1234redistributed and/or sold with any software, provided that each copy 1235contains the above copyright notice and this license. These can be 1236included either as stand-alone text files, human-readable headers or 1237in the appropriate machine-readable metadata fields within text or 1238binary files as long as those fields can be easily viewed by the user. 1239 12403) No Modified Version of the Font Software may use the Reserved Font 1241Name(s) unless explicit written permission is granted by the corresponding 1242Copyright Holder. This restriction only applies to the primary font name as 1243presented to the users. 1244 12454) The name(s) of the Copyright Holder(s) or the Author(s) of the Font 1246Software shall not be used to promote, endorse or advertise any 1247Modified Version, except to acknowledge the contribution(s) of the 1248Copyright Holder(s) and the Author(s) or with their explicit written 1249permission. 1250 12515) The Font Software, modified or unmodified, in part or in whole, 1252must be distributed entirely under this license, and must not be 1253distributed under any other license. The requirement for fonts to 1254remain under this license does not apply to any document created 1255using the Font Software. 1256TERMINATION 1257 1258This license becomes null and void if any of the above conditions are 1259not met. 1260DISCLAIMER 1261 1262THE FONT SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 1263EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF 1264MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT 1265OF COPYRIGHT, PATENT, TRADEMARK, OR OTHER RIGHT. IN NO EVENT SHALL THE 1266COPYRIGHT HOLDER BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, 1267INCLUDING ANY GENERAL, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL 1268DAMAGES, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING 1269FROM, OUT OF THE USE OR INABILITY TO USE THE FONT SOFTWARE OR FROM 1270OTHER DEALINGS IN THE FONT SOFTWARE. 1271