SUN PUBLIC LICENSE 
Version 1.0
1. Definitions.
1.0.1. "Commercial Use" means distribution or otherwise making the Covered Code available to a
third party.
1.1. "Contributor" means each entity that creates or contributes to the creation of Modifications.
1.2. "Contributor Version" means the combination of the Original Code, prior Modifications used
by a Contributor, and the Modifications made by that particular Contributor.
1.3. "Covered Code" means the Original Code or Modifications or the combination of the Original
Code and Modifications, in each case including portions thereof and corresponding documentation
released with the source code.
1.4. "Electronic Distribution Mechanism" means a mechanism generally accepted in the software
development community for the electronic transfer of data.
1.5. "Executable" means Covered Code in any form other than Source Code.
1.6. "Initial Developer" means the individual or entity identified as the Initial Developer in the
Source Code notice required by Exhibit A.
1.7. "Larger Work" means a work which combines Covered Code or portions thereof with code
not governed by the terms of this License.
1.8. "License" means this document.
1.8.1. "Licensable" means having the right to grant, to the maximum extent possible, whether at
the time of the initial grant or subsequently acquired, any and all of the rights conveyed herein.
1.9. "Modifications" means any addition to or deletion from the substance or structure of either
the Original Code or any previous Modifications. When Covered Code is released as a series of
files, a Modification is:
A. Any addition to or deletion from the contents of a file containing Original Code or previous
Modifications.
B. Any new file that contains any part of the Original Code or previous Modifications.
1.10. "Original Code" means Source Code of computer software code which is described in the
Source Code notice required by Exhibit A as Original Code, and which, at the time of its release
under this License is not already Covered Code governed by this License.
1.10.1. "Patent Claims" means any patent claim(s), now owned or hereafter acquired, including
without limitation, method, process, and apparatus claims, in any patent Licensable by grantor.
1.11. "Source Code" means the preferred form of the Covered Code for making modifications to
it, including all modules it contains, plus any associated documentation, interface definition files,
scripts used to control compilation and installation of an Executable, or source code differential
comparisons against either the Original Code or another well known, available Covered Code of
the Contributor's choice. The Source Code can be in a compressed or archival form, provided the
appropriate decompression or de-archiving software is widely available for no charge.
1.12. "You" (or "Your") means an individual or a legal entity exercising rights under, and complying
with all of the terms of, this License or a future version of this License issued under Section
6.1. For legal entities, "You" includes any entity which controls, is controlled by, or is under
common control with You. For purposes of this definition, "control" means (a) the power, direct
or indirect, to cause the direction or management of such entity, whether by contract or otherwise,
or (b) ownership of more than fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. Source Code License.
2.1 The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royaltyfree,
non-exclusive license, subject to third party intellectual property claims:
(a) under intellectual property rights (other than patent or trademark) Licensable by Initial
Developer to use, reproduce, modify, display, perform, sublicense and distribute the
Original Code (or portions thereof) with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the making, using or selling of Original Code, to
make, have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
(c) the licenses granted in this Section 2.1(a) and (b) are effective on the date Initial
Developer first distributes Original Code under the terms of this License.
(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
1) for code that You delete from the Original Code;
2) separate from the Original Code; or
3) for infringements caused by:
i) the modification of the Original Code or
ii) the combination of the Original Code with other software or devices.
2.2. Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
(a) under intellectual property rights (other than patent or trademark) Licensable by Contributor,
to use, reproduce, modify,
display, perform, sublicense and distribute the Modifications created by such Contributor
(or portions thereof) either on an unmodified basis, with other Modifications, as Covered
Code and/or as part of a Larger Work; and
(b) under Patent Claims infringed by the making, using, or selling of Modifications made
by that Contributor either alone and/or in combination with its Contributor Version (or
portions of such
combination), to make, use, sell, offer for sale, have made, and/or otherwise dispose of: 1)
Modifications made by that Contributor (or portions thereof); and 2) the combination of
Modifications made by that Contributor with its Contributor Version (or portions of such
combination).
(c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor
first makes Commercial Use of the Covered Code.
(d) notwithstanding Section 2.2(b) above, no patent license is granted: 1) for any code
that Contributor has deleted from the Contributor Version; 2) separate from the Contributor
Version; 3) for infringements caused by: i) third party modifications of Contributor
Version or ii) the combination of Modifications made by that Contributor with other software
(except as part of the Contributor Version) or other devices; or 4) under Patent
Claims infringed by Covered Code in the absence of Modifications made by that Contributor.
3. Distribution Obligations.
3.1. Application of License. The Modifications which You create or to which You contribute are
governed by the terms of this License, including without limitation Section 2.2. The Source Code
version of Covered Code may be distributed only under the terms of this License or a future version
of this License released under Section 6.1, and You must include a copy of this License with
every copy of the Source Code You distribute. You may not offer or impose any terms on any
Source Code version that alters or restricts the applicable version of this License or the recipients'
rights hereunder. However, You may include an additional document offering the additional rights
described in Section 3.5.
3.2. Availability of Source Code. Any Modification which You create or to which You contribute
must be made available in Source Code form under the terms of this License either on the same
media as an Executable version or via an accepted Electronic Distribution Mechanism to anyone
to whom you made an Executable version available; and if made available via Electronic Distribution
Mechanism, must remain available for at least twelve (12) months after the date it initially
became available, or at least six (6) months after a subsequent version of that particular Modification
has been made available to such recipients. You are responsible for ensuring that the Source
Code version remains available even if the Electronic Distribution Mechanism is maintained by a
third party.
3.3. Description of Modifications. You must cause all Covered Code to which You contribute to
contain a file documenting the changes You made to create that Covered Code and the date of any
change. You must include a prominent statement that the Modification is derived, directly or indirectly,
from Original Code provided by the Initial Developer and including the name of the Initial
Developer in (a) the Source Code, and (b) in any notice in an Executable version or related documentation
in which You describe the origin or ownership of the Covered Code.
3.4. Intellectual Property Matters.
(a) Third Party Claims. If Contributor has knowledge that a license under a third party's
intellectual property rights is required to exercise the rights granted by such Contributor
under Sections 2.1 or 2.2, Contributor must include a text file with the Source Code distribution
titled "LEGAL'' which describes the claim and the party making the claim in suffi-
cient detail that a recipient will know whom to contact. If Contributor obtains such
knowledge after the Modification is made
available as described in Section 3.2, Contributor shall promptly modify the LEGAL file
in all copies Contributor makes available thereafter and shall take other steps (such as
notifying appropriate mailing lists or newsgroups) reasonably calculated to inform those
who received the Covered Code that new knowledge has been obtained.
(b) Contributor APIs. If Contributor's Modifications include an application programming
interface ("API") and Contributor has knowledge of patent licenses which are reasonably
necessary to implement that API, Contributor must also include this information in the
LEGAL file.
(c) Representations. Contributor represents that, except as disclosed pursuant to Section
3.4(a) above, Contributor believes that Contributor's Modifications are Contributor's original
creation(s) and/or Contributor has sufficient rights to grant the rights conveyed by this
License.
3.5. Required Notices. You must duplicate the notice in Exhibit A in each file of the Source Code.
If it is not possible to put such notice in a particular Source Code file due to its structure, then You
must include such notice in a location (such as a relevant directory) where a user would be likely
to look for such a notice. If You created one or more Modification(s) You may add your name as
a Contributor to the notice described in Exhibit A. You must also duplicate this License in any
documentation for the Source Code where You describe recipients' rights or ownership rights
relating to Covered Code. You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Covered Code. However, You may
do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. You
must make it absolutely clear than any such warranty, support, indemnity or liability obligation is
offered by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such Contributor as a result of warranty,
support, indemnity or liability terms You offer.
3.6. Distribution of Executable Versions. You may distribute Covered Code in Executable form
only if the requirements of Section 3.1-3.5 have been met for that Covered Code, and if You
include a notice stating that the Source Code version of the Covered Code is available under the
terms of this License, including a description of how and where You have fulfilled the obligations
of Section 3.2. The notice must be conspicuously included in any notice in an Executable version,
related documentation or collateral in which You describe recipients' rights relating to the Covered
Code. You may distribute the Executable version of Covered Code or ownership rights under
a license of Your choice, which may contain terms different from this License, provided that You
are in compliance with the terms of this License and that the license for the Executable version
does not attempt to limit or alter the recipient's rights in the Source Code version from the rights
set forth in this License. If You distribute the Executable version under a different license You
must make it absolutely clear that any terms which differ from this License are offered by You
alone, not by the Initial Developer or any Contributor. You hereby agree to indemnify the Initial
Developer and every Contributor for any liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer.
3.7. Larger Works. You may create a Larger Work by combining Covered Code with other code
not governed by the terms of this License and distribute the Larger Work as a single product. In
such a case, You must make sure the requirements of this License are fulfilled for the Covered
Code.
4. Inability to Comply Due to Statute or Regulation. If it is impossible for You to comply with
any of the terms of this License with respect to some or all of the Covered Code due to statute,
judicial order, or regulation then You must: (a) comply with the terms of this License to the maximum
extent possible; and (b) describe the limitations and the code they affect. Such description
must be included in the LEGAL file described in Section 3.4 and must be included with all distributions
of the Source Code. Except to the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to be able to understand it.
5. Application of this License. This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Covered Code.
6. Versions of the License.
6.1. New Versions. Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions of
the License from time to time. Each version will be given a distinguishing version number.
6.2. Effect of New Versions. Once Covered Code has been published under a particular version of
the License, You may always continue to use it under the terms of that version. You may also
choose to use such Covered Code under the terms of any subsequent version of the License published
by Sun. No one other than Sun has the right to modify the terms applicable to Covered
Code created under this License.
6.3. Derivative Works. If You create or use a modified version of this License (which you may
only do in order to apply it to code which is not already Covered Code governed by this
License), You must:
(a) rename Your license so that the phrases "Sun," "Sun Public License," or "SPL" or any
confusingly similar phrase do not appear in your license (except to note that your
license differs from this License) and
(b) otherwise make it clear that Your version of the license contains terms which differ
from the Sun Public License. (Filling in the name of the Initial Developer, Original Code
or Contributor in the notice described in Exhibit A shall not of themselves be deemed to
be modifications of this License.)
7. DISCLAIMER OF WARRANTY.
COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF
DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
CODE IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY
RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
8. TERMINATION.
8.1. This License and the rights granted hereunder will terminate automatically if You fail to
comply with terms herein and fail to cure such breach within 30 days of becoming aware of the
breach. All sublicenses to the Covered Code which are properly granted shall survive any termination
of this License. Provisions which, by their nature, must remain in effect beyond the termination
of this License shall survive.
8.2. If You initiate litigation by asserting a patent infringement claim (excluding declaratory judgment
actions) against Initial Developer or a Contributor (the Initial Developer or Contributor
against whom You file such action is referred to as "Participant") alleging that:
(a) such Participant's Contributor Version directly or indirectly infringes any patent, then
any and all rights granted by such Participant to You under Sections 2.1 and/or 2.2 of this
License shall, upon 60 days notice from Participant terminate prospectively, unless if
within 60 days after receipt of notice You either:
(i) agree in writing to pay Participant a mutually agreeable reasonable royalty for
Your past and future use of Modifications made by such Participant, or
(ii) withdraw Your litigation claim with respect to the Contributor Version against
such Participant. If within 60 days of notice, a reasonable royalty and payment
arrangement are not mutually agreed upon in writing by the parties or the litigation
claim is not withdrawn, the rights granted by Participant to You under Sections 2.1
and/or 2.2 automatically terminate at the expiration of the 60 day notice period
specified above.
(b) any software, hardware, or device, other than such Participant's Contributor Version,
directly or indirectly infringes any patent, then any rights granted to You by such Participant
under Sections 2.1(b) and 2.2(b) are revoked effective as of the date You first made,
used, sold, distributed, or had made, Modifications made by that Participant.
8.3. If You assert a patent infringement claim against Participant alleging that such Participant's
Contributor Version directly or indirectly infringes any patent where such claim is resolved (such
as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable
value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken
into account in determining the amount or value of any payment or license.
8.4. In the event of termination under Sections 8.1 or 8.2 above, all end user license agreements
(excluding distributors and resellers) which have been validly granted by You or any distributor
hereunder prior to termination shall survive termination.
9. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY
SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
10. U.S. GOVERNMENT END USERS. The Covered Code is a "commercial item," as that term
is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
(June 1995), all U.S. Government End Users acquire Covered Code with only those rights set
forth herein.
11. MISCELLANEOUS. This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be unenforceable, such provision shall be
reformed only to the extent necessary to make it enforceable. This License shall be governed by
California law provisions (except to the extent applicable law, if any, provides otherwise), excluding
its conflict-of-law provisions. With respect to disputes in which at least one party is a citizen
of, or an entity chartered or registered to do business in the United States of America, any litigation
relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern
District of California, with venue lying in Santa Clara County, California, with the losing
party responsible for costs, including without limitation, court costs and reasonable attorneys' fees
and expenses. The application of the United Nations Convention on Contracts for the International
Sale of Goods is expressly excluded. Any law or regulation which provides that the language
of a contract shall be construed against the drafter shall not apply to this License.
12. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the Contributors, each
party is responsible for claims and damages arising, directly or indirectly, out of its utilization of
rights under this License and You agree to work with Initial Developer and Contributors to distribute
such responsibility on an equitable basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
13. MULTIPLE-LICENSED CODE. Initial Developer may designate portions of the Covered
Code as ТMultiple-LicensedУ. ТMultiple-LicensedУ means that the Initial Developer permits you
to utilize portions of the Covered Code under Your choice of the alternative licenses, if any, specified
by the Initial Developer in the file described in Exhibit A.
Exhibit A -Sun Public License Notice.
The contents of this file are subject to the Sun Public License Version 1.0 (the "License"); you
may not use this file except in compliance with the License. A copy of the License is available at
http://www.sun.com/
The Original Code is _________________. The Initial Developer of the Original Code is
___________. Portions created by ______ are Copyright (C)_________. All Rights Reserved.
Contributor(s): ______________________________________.
Alternatively, the contents of this file may be used under the terms of the _____ license (the
Т[___] LicenseУ), in which case the provisions of [______] License are applicable instead of
those above. If you wish to allow use of your version of this file only under the terms of the
[____] License and not to allow others to use your version of this file under the SPL, indicate your
decision by deleting the provisions above and replace them with the notice and other provisions
required by the [___] License. If you do not delete the provisions above, a recipient may use your
version of this file under either the SPL or the [___] License."
[NOTE: The text of this Exhibit A may differ slightly from the text of the notices in the Source
Code files of the Original Code. You should use the text of this Exhibit A rather than the text
found in the Original Code Source Code for Your Modifications.]