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CUA Office Public License v1.0 | Software Package Data Exchange (SPDX)
CUA Office Public License v1.0
Full name
CUA Office Public License v1.0
Short identifier
CUA-OPL-1.0
Other web pages for this license
Notes
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Text
CUA Office Public License Version 1.0
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1.
Definitions.
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1.0.1.
"Commercial Use" means distribution or otherwise making the Covered Code
available to a third party.
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1.1.
"Contributor" means each entity that creates or contributes to the creation of Modifications.
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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.
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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.
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1.4.
"Electronic Distribution Mechanism" means a mechanism generally accepted in the
software development community for the electronic transfer of data.
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1.5.
"Executable" means Covered Code in any form other than Source Code.
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1.6.
"Initial Developer" means the individual or entity identified as the Initial Developer
in the Source Code notice required by Exhibit A.
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1.7.
"Larger Work" means a work which combines Covered Code or portions thereof with code
not governed by the terms of this License.
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1.8.
"License" means this document.
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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.
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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:
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A.
Any addition to or deletion from the contents of a file containing Original Code or previous
Modifications.
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B.
Any new file that contains any part of the Original Code or previous Modifications.
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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.
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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.
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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 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.
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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.
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2.
Source Code License.
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2.1.
The Initial Developer Grant. The Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject to third party intellectual property claims:
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(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
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(b)
under Patents Claims infringed by the making, using or selling of Original Code, to make,
have made, use, practice, sell, and offer for sale, and/or otherwise dispose of the
Original Code (or portions thereof).
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(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.
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(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.
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2.2.
Contributor Grant. Subject to third party intellectual property claims, each Contributor hereby
grants You a world-wide, royalty-free, non-exclusive license
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(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
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(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).
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(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.
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(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.
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3.
Distribution Obligations.
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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.
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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.
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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.
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3.4.
Intellectual Property Matters
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(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 sufficient 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.
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(b)
Contributor APIs. If Contributor's Modifications include an application programming
interface 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.
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(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.
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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.
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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.
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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.
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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.
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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.
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6.
Versions of the License.
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6.1.
New Versions. CUA Office Project may publish revised and/or new versions of the License from time
to time. Each version will be given a distinguishing version number.
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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 CUA Office Project. No one other than CUA Office Project has the right to modify
the terms applicable to Covered Code created under this License.
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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 "CUA Office", "CUA",
"CUAPL", 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 CUA Office 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.)
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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.
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8.
TERMINATION.
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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.
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8.2.
If You initiate litigation by asserting a patent infringement claim (excluding declatory 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:
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(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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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13.
MULTIPLE-LICENSED CODE.
Initial Developer may designate portions of the Covered Code as "Multiple-Licensed".
"Multiple-Licensed" means that the Initial Developer permits you to utilize portions of the
Covered Code under Your choice of the NPL or the alternative licenses, if any, specified by the
Initial Developer in the file described in Exhibit A.
EXHIBIT A - CUA Office Public License.
"The contents of this file are subject to the CUA Office Public License Version 1.0 (the
"License"); you may not use this file except in compliance with the License. You may obtain
a copy of the License at http://cuaoffice.sourceforge.net/
Software distributed under the License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF
ANY KIND, either express or implied. See the License for the specific language governing rights and
limitations under the License.
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
"[___] License"), 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 CUAPL, 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 CUAPL 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.]
Standard License Header
The contents of this file are subject to the CUA Office Public License Version 1.0 (the
"License"); you may not use this file except in compliance with the License. You may
obtain a copy of the License at http://cuaoffice.sourceforge.net/ Software distributed under the
License is distributed on an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either express
or implied. See the License for the specific language governing rights and limitations under the
License.
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 "
[____] License"),
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 CUAPL, 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 CUAPL or the
[____] License.
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