buildframework/helium/licenses/SUN PUBLIC LICENSE Version 1-1.txt
author mikek
Thu, 13 May 2010 19:18:16 +0100
changeset 9 67f8bb81b054
parent 2 39c28ec933dd
permissions -rwxr-xr-x
1) Updating the .hgignore to exclude Raptor's built binaries 2) Updating the baseline patch file.

                        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, royalty-free, 
                                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 
                                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. 

                                (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 
                                ?Multiple-Licensed?. ?Multiple-Licensed? 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  ?[___] 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 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.]