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Java API for XML Processing Reference Implementation
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/*
* $Id: license.txt,v 1.1 2005-11-10 16:46:09 jeffsuttor Exp $
* %W% %E%
*/
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 1.
Definitions.
1.1. Contributor means each individual or entity that creates or
contributes to the creation of Modifications.
1.2. Contributor Version means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and
the Modifications made by that particular Contributor.
1.3. Covered Software means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each
case including portions thereof.
1.4. Executable means the Covered Software in any form other than
Source Code.
1.5. Initial Developer means the individual or entity that first makes
Original Software available under this License.
1.6. Larger Work means a work which combines Covered Software or
portions thereof with code not governed by the terms of this
License.
1.7. License means this document.
1.8. 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 the Source Code and Executable form of any of
the following: A. Any file that results from an addition to,
deletion from or modification of the contents of a file
containing Original Software or previous Modifications; B. Any
new file that contains any part of the Original Software or
previous Modification; or C. Any new file that is contributed or
otherwise made available under the terms of this License.
1.10. Original Software means the Source Code and Executable form of
computer software code that is originally released under this
License.
1.11. 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.
1.12. Source Code means (a) the common form of computer software code
in which modifications are made and (b) associated documentation
included in or with such code.
1.13. You (or Your) means an individual or a legal entity exercising
rights under, and complying with all of the terms of, this
License. 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. License Grants.
2.1. The Initial Developer Grant. Conditioned upon Your compliance
with Section 3.1 below and subject to third party intellectual
property claims, the Initial Developer hereby grants You a
world-wide, royalty-free, non-exclusive license:
(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 Software (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 Software, to make, have made, use, practice, sell, and offer
for sale, and/or otherwise dispose of the Original Software (or
portions thereof);
(c) The licenses granted in Sections 2.1(a) and (b) are effective on
the date Initial Developer first distributes or otherwise makes the
Original Software available to a third party 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 Software, or
(2) for infringements caused by: (i) the modification of the Original
Software, or (ii) the combination of the Original Software with other
software or devices.
2.2. Contributor Grant. Conditioned upon Your compliance with Section
3.1 below and 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 Software 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 distributes or otherwise makes the
Modifications available to a third party.
(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) 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 (3) under Patent
Claims infringed by Covered Software in the absence of Modifications
made by that Contributor.
3. Distribution Obligations.
3.1. Availability of Source Code. Any Covered Software that You
distribute or otherwise make available in Executable form must
also be made available in Source Code form and that Source Code
form must be distributed only under the terms of this
License. You must include a copy of this License with every copy
of the Source Code form of the Covered Software You distribute or
otherwise make available. You must inform recipients of any such
Covered Software in Executable form as to how they can obtain
such Covered Software in Source Code form in a reasonable manner
on or through a medium customarily used for software exchange.
3.2. Modifications. The Modifications that You create or to which You
contribute are governed by the terms of this License. You
represent that You believe Your Modifications are Your original
creation(s) and/or You have sufficient rights to grant the rights
conveyed by this License.
3.3. Required Notices. You must include a notice in each of Your
Modifications that identifies You as the Contributor of the
Modification. You may not remove or alter any copyright, patent
or trademark notices contained within the Covered Software, or
any notices of licensing or any descriptive text giving
attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms. You may not offer or impose any
terms on any Covered Software in Source Code form that alters or
restricts the applicable version of this License or the
recipients rights hereunder. You may choose to offer, and to
charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered
Software. 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 that 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.
3.5. Distribution of Executable Versions. You may distribute the
Executable form of the Covered Software under the terms of this
License or under the terms of 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 form does not attempt to limit or alter the
recipients rights in the Source Code form from the rights set
forth in this License. If You distribute the Covered Software in
Executable form 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
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.
3.6. Larger Works. You may create a Larger Work by combining Covered
Software 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 Software.
4. Versions of the License.
4.1. New Versions. Sun Microsystems, Inc. is the initial license
steward and may publish revised and/or new versions of this
License from time to time. Each version will be given a
distinguishing version number. Except as provided in Section 4.3,
no one other than the license steward has the right to modify
this License.
4.2. Effect of New Versions. You may always continue to use,
distribute or otherwise make the Covered Software available under
the terms of the version of the License under which You
originally received the Covered Software. If the Initial
Developer includes a notice in the Original Software prohibiting
it from being distributed or otherwise made available under any
subsequent version of the License, You must distribute and make
the Covered Software available under the terms of the version of
the License under which You originally received the Covered
Software. Otherwise, You may also choose to use, distribute or
otherwise make the Covered Software available under the terms of
any subsequent version of the License published by the license
steward.
4.3. Modified Versions. When You are an Initial Developer and You want
to create a new license for Your Original Software, You may
create and use a modified version of this License if You: (a)
rename the license and remove any references to the name of the
license steward (except to note that the license differs from
this License); and (b) otherwise make it clear that the license
contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU. SHOULD
ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. 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. Provisions which, by their nature, must remain in effect
beyond the termination of this License shall survive.
6.2. If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the
Initial Developer or Contributor against whom You assert such
claim is referred to as Participant) alleging that the
Participant Software (meaning the Contributor Version where the
Participant is a Contributor or the Original Software where the
Participant is the Initial Developer) directly or indirectly
infringes any patent, then any and all rights granted directly or
indirectly to You by such Participant, the Initial Developer (if
the Initial Developer is not the Participant) and all
Contributors under Sections 2.1 and/or 2.2 of this License shall,
upon 60 days notice from Participant terminate prospectively and
automatically at the expiration of such 60 day notice period,
unless if within such 60 day period You withdraw Your claim with
respect to the Participant Software against such Participant
either unilaterally or pursuant to a written agreement with
Participant.
6.3. In the event of termination under Sections 6.1 or 6.2 above, all
end user licenses that have been validly granted by You or any
distributor hereunder prior to termination (excluding licenses
granted to You by any distributor) shall survive termination.
7. 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 SOFTWARE, 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 LOST PROFITS, 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 PARTYS 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.
8. U.S. GOVERNMENT END USERS. The Covered Software is a commercial
item, as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of commercial computer software (as that term is defined
at 48 C.F.R. 252.227-7014(a)(1)) 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 Software with only those
rights set forth herein. This U.S. Government Rights clause is in
lieu of, and supersedes, any other FAR, DFAR, or other clause or
provision that addresses Government rights in computer software
under this License.
9. 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 the law of the jurisdiction specified in a notice
contained within the Original Software (except to the extent
applicable law, if any, provides otherwise), excluding such
jurisdictions conflict-of-law provisions. Any litigation relating
to this License shall be subject to the jurisdiction of the courts
located in the jurisdiction and venue specified in a notice
contained within the Original Software, 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. You agree that You
alone are responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
10. 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.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL) The code released under the CDDL shall be
governed by the laws of the State of California (excluding
conflict-of-law provisions). Any litigation relating to this License
shall be subject to the jurisdiction of the Federal Courts of the
Northern District of California and the state courts of the State of
California, with venue lying in Santa Clara County, California.