buildframework/helium/licenses/SUN PUBLIC LICENSE Version 1-1.txt
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     1                         SUN PUBLIC LICENSE Version 1.0 
       
     2 
       
     3                         1. Definitions. 
       
     4 
       
     5                                 1.0.1. "Commercial Use" means distribution or otherwise making the 
       
     6                                 Covered Code available to a third party. 
       
     7 
       
     8                                 1.1. "Contributor" means each entity that creates or contributes to 
       
     9                                 the creation of Modifications. 
       
    10 
       
    11                                 1.2. "Contributor Version" means the combination of the Original Code, 
       
    12                                 prior Modifications used by a Contributor, and the Modifications made 
       
    13                                 by that particular Contributor. 
       
    14 
       
    15                                 1.3. "Covered Code" means the Original Code or Modifications or the 
       
    16                                 combination of the Original Code and Modifications, in each case 
       
    17                                 including portions thereof and corresponding documentation released 
       
    18                                 with the source code. 
       
    19 
       
    20                                 1.4. "Electronic Distribution Mechanism" means a mechanism generally 
       
    21                                 accepted in the software development community for the electronic 
       
    22                                 transfer of data. 
       
    23 
       
    24                                 1.5. "Executable" means Covered Code in any form other than Source 
       
    25                                 Code. 
       
    26 
       
    27                                 1.6. "Initial Developer" means the individual or entity identified as 
       
    28                                 the Initial Developer in the Source Code notice required by Exhibit A. 
       
    29 
       
    30                                 1.7. "Larger Work" means a work which combines Covered Code or 
       
    31                                 portions thereof with code not governed by the terms of this License. 
       
    32 
       
    33                                 1.8. "License" means this document. 
       
    34 
       
    35                                 1.8.1. "Licensable" means having the right to grant, to the maximum 
       
    36                                 extent possible, whether at the time of the initial grant or 
       
    37                                 subsequently acquired, any and all of the rights conveyed herein. 
       
    38 
       
    39                                 1.9. "Modifications" means any addition to or deletion from the 
       
    40                                 substance or structure of either the Original Code or any previous 
       
    41                                 Modifications. When Covered Code is released as a series of files, a 
       
    42                                 Modification is: 
       
    43 
       
    44                                 A. Any addition to or deletion from the contents of a file containing 
       
    45                                 Original Code or previous Modifications. 
       
    46 
       
    47                                 B. Any new file that contains any part of the Original Code or 
       
    48                                 previous Modifications. 
       
    49 
       
    50                                 1.10. "Original Code" means Source Code of computer software code 
       
    51                                 which is described in the Source Code notice required by Exhibit A as 
       
    52                                 Original Code, and which, at the time of its release under this 
       
    53                                 License is not already Covered Code governed by this License. 
       
    54 
       
    55                                 1.10.1. "Patent Claims" means any patent claim(s), now owned or 
       
    56                                 hereafter acquired, including without limitation, method, process, and 
       
    57                                 apparatus claims, in any patent Licensable by grantor. 
       
    58 
       
    59                                 1.11. "Source Code" means the preferred form of the Covered Code for 
       
    60                                 making modifications to it, including all modules it contains, plus 
       
    61                                 any associated documentation, interface definition files, scripts used 
       
    62                                 to control compilation and installation of an Executable, or source 
       
    63                                 code differential comparisons against either the Original Code or 
       
    64                                 another well known, available Covered Code of the Contributor's 
       
    65                                 choice. The Source Code can be in a compressed or archival form, 
       
    66                                 provided the appropriate decompression or de-archiving software is 
       
    67                                 widely available for no charge. 
       
    68 
       
    69                                 1.12. "You" (or "Your") means an individual or a legal entity 
       
    70                                 exercising rights under, and complying with all of the terms of, this 
       
    71                                 License or a future version of this License issued under Section 6.1. 
       
    72                                 For legal entities, "You" includes any entity which controls, is 
       
    73                                 controlled by, or is under common control with You. For purposes of 
       
    74                                 this definition, "control" means (a) the power, direct or indirect, to 
       
    75                                 cause the direction or management of such entity, whether by contract 
       
    76                                 or otherwise, or (b) ownership of more than fifty percent (50%) of the 
       
    77                                 outstanding shares or beneficial ownership of such entity.
       
    78 
       
    79                         2. Source Code License. 
       
    80 
       
    81                         2.1 The Initial Developer Grant. 
       
    82 
       
    83                                 The Initial Developer hereby grants You a world-wide, royalty-free, 
       
    84                                 non-exclusive license, subject to third party intellectual property 
       
    85                                 claims: 
       
    86 
       
    87                                 (a)  under intellectual property rights (other than patent or 
       
    88                                 trademark) Licensable by Initial Developer to use, reproduce, modify, 
       
    89                                 display, perform, sublicense and distribute the Original Code (or 
       
    90                                 portions thereof) with or without Modifications, and/or as part of a 
       
    91                                 Larger Work; and 
       
    92 
       
    93                                 (b) under Patent Claims infringed by the making, using or selling of 
       
    94                                 Original Code, to make, have made, use, practice, sell, and offer for 
       
    95                                 sale, and/or otherwise dispose of the Original Code (or portions 
       
    96                                 thereof). 
       
    97 
       
    98                                 (c) the licenses granted in this Section 2.1(a) and (b) are effective 
       
    99                                 on the date Initial Developer first distributes Original Code under 
       
   100                                 the terms of this License. 
       
   101 
       
   102                                 (d) Notwithstanding Section 2.1(b) above, no patent license is 
       
   103                                 granted: 1)     for code that You delete from the Original Code; 2) 
       
   104                                 separate from the       Original Code; or 3) for infringements caused by: 
       
   105                                 i) the modification of the Original Code or ii) the combination of the 
       
   106                                 Original Code with other software or devices. 
       
   107 
       
   108                         2.2. Contributor Grant. 
       
   109 
       
   110                                 Subject to third party intellectual property claims, each Contributor 
       
   111                                 hereby grants You a world-wide, royalty-free, non-exclusive license 
       
   112 
       
   113                                 (a) under intellectual property rights (other than patent or 
       
   114                                 trademark) Licensable by Contributor, to use, reproduce,  modify, 
       
   115                                 display, perform, sublicense and distribute the Modifications created 
       
   116                                 by such Contributor (or portions thereof) either on an unmodified 
       
   117                                 basis, with other Modifications, as Covered Code and/or as part of a 
       
   118                                 Larger Work; and 
       
   119 
       
   120                                 (b) under Patent Claims infringed by the making, using, or selling of  
       
   121                                 Modifications made by that Contributor either alone and/or in 
       
   122                                 combination with its Contributor Version (or portions of such 
       
   123                                 combination), to make, use, sell, offer for sale, have made, and/or 
       
   124                                 otherwise dispose of: 1) Modifications made by that Contributor (or 
       
   125                                 portions thereof); and 2) the combination of Modifications made by 
       
   126                                 that Contributor with its Contributor Version (or portions of such 
       
   127                                 combination). 
       
   128 
       
   129                                 (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective 
       
   130                                 on the date Contributor first makes Commercial Use of the Covered 
       
   131                                 Code. 
       
   132 
       
   133                                 (d)  notwithstanding Section 2.2(b) above, no patent license is 
       
   134                                 granted: 1) for any code that Contributor has deleted from the 
       
   135                                 Contributor Version; 2)  separate from the Contributor Version; 3) for 
       
   136                                 infringements caused by: i) third party modifications of Contributor 
       
   137                                 Version or ii) the combination of Modifications made by that 
       
   138                                 Contributor with other software (except as part of the Contributor 
       
   139                                 Version) or other devices; or 4) under Patent Claims infringed by 
       
   140                                 Covered Code in the absence of Modifications made by that Contributor.
       
   141 
       
   142                         3. Distribution Obligations. 
       
   143 
       
   144                         3.1. Application of License.
       
   145 
       
   146                                 The Modifications which You create or to which You contribute are 
       
   147                                 governed by the terms of this License, including without limitation 
       
   148                                 Section 2.2. The Source Code version of Covered Code may be 
       
   149                                 distributed only under the terms of this License or a future version 
       
   150                                 of this License released under Section 6.1, and You must include a 
       
   151                                 copy of this License with every copy of the Source Code You 
       
   152                                 distribute. You may not offer or impose any terms on any Source Code 
       
   153                                 version that alters or restricts the applicable version of this 
       
   154                                 License or the recipients' rights hereunder. However, You may include 
       
   155                                 an additional document offering the additional rights described in 
       
   156                                 Section 3.5. 
       
   157 
       
   158                         3.2. Availability of Source Code.
       
   159 
       
   160                                 Any Modification which You create or to which You contribute must be 
       
   161                                 made available in Source Code form under the terms of this License 
       
   162                                 either on the same media as an Executable version or via an accepted 
       
   163                                 Electronic Distribution Mechanism to anyone to whom you made an 
       
   164                                 Executable version available; and if made available via Electronic 
       
   165                                 Distribution Mechanism, must remain available for at least twelve (12) 
       
   166                                 months after the date it initially became available, or at least six 
       
   167                                 (6) months after a subsequent version of that particular Modification 
       
   168                                 has been made available to such recipients. You are responsible for 
       
   169                                 ensuring that the Source Code version remains available even if the 
       
   170                                 Electronic Distribution Mechanism is maintained by a third party. 
       
   171 
       
   172                         3.3. Description of Modifications.
       
   173 
       
   174                                 You must cause all Covered Code to which You contribute to contain a 
       
   175                                 file documenting the changes You made to create that Covered Code and 
       
   176                                 the date of any change. You must include a prominent statement that 
       
   177                                 the Modification is derived, directly or indirectly, from Original 
       
   178                                 Code provided by the Initial Developer and including the name of the 
       
   179                                 Initial Developer in (a) the Source Code, and (b) in any notice in an 
       
   180                                 Executable version or related documentation in which You describe the 
       
   181                                 origin or ownership of the Covered Code. 
       
   182 
       
   183                         3.4. Intellectual Property Matters.
       
   184 
       
   185                                 (a) Third Party Claims.
       
   186 
       
   187                                 If Contributor has knowledge that a license under a third party's 
       
   188                                 intellectual property rights is required to exercise the rights 
       
   189                                 granted by such Contributor under Sections 2.1 or 2.2, Contributor 
       
   190                                 must include a text file with the Source Code distribution titled 
       
   191                                 "LEGAL'' which describes the claim and the party making the claim in 
       
   192                                 sufficient detail that a recipient will know whom to contact. If 
       
   193                                 Contributor obtains such knowledge after the Modification is made 
       
   194                                 available as described in Section 3.2, Contributor shall promptly 
       
   195                                 modify the LEGAL file in all copies Contributor makes available 
       
   196                                 thereafter and shall take other steps (such as notifying appropriate 
       
   197                                 mailing lists or newsgroups) reasonably calculated to inform those who 
       
   198                                 received the Covered Code that new knowledge has been obtained. 
       
   199 
       
   200                                 (b) Contributor APIs.
       
   201 
       
   202                                 If Contributor's Modifications include an application programming 
       
   203                                 interface ("API") and Contributor has knowledge of patent licenses 
       
   204                                 which are reasonably necessary to implement that API, Contributor must 
       
   205                                 also include this information in the LEGAL file. 
       
   206 
       
   207                                 (c) Representations.
       
   208 
       
   209                                 Contributor represents that, except as disclosed pursuant to Section 
       
   210                                 3.4(a) above, Contributor believes that Contributor's Modifications 
       
   211                                 are Contributor's original creation(s) and/or Contributor has 
       
   212                                 sufficient rights to grant the rights conveyed by this License.
       
   213 
       
   214                         3.5. Required Notices.
       
   215 
       
   216                                 You must duplicate the notice in Exhibit A in each file of the Source 
       
   217                                 Code. If it is not possible to put such notice in a particular Source 
       
   218                                 Code file due to its structure, then You must include such notice in a 
       
   219                                 location (such as a relevant directory) where a user would be likely 
       
   220                                 to look for such a notice.  If You created one or more Modification(s) 
       
   221                                 You may add your name as a Contributor to the notice described in 
       
   222                                 Exhibit A. You must also duplicate this License in any documentation 
       
   223                                 for the Source Code where You describe recipients' rights or ownership 
       
   224                                 rights relating to Covered Code. You may choose to offer, and to 
       
   225                                 charge a fee for, warranty, support, indemnity or liability 
       
   226                                 obligations to one or more recipients of Covered Code. However, You 
       
   227                                 may do so only on Your own behalf, and not on behalf of the Initial 
       
   228                                 Developer or any Contributor. You must make it absolutely clear than 
       
   229                                 any such warranty, support, indemnity or liability obligation is 
       
   230                                 offered by You alone, and You hereby agree to indemnify the Initial 
       
   231                                 Developer and every Contributor for any liability incurred by the 
       
   232                                 Initial Developer or such Contributor as a result of warranty, 
       
   233                                 support, indemnity or liability terms You offer. 
       
   234 
       
   235                         3.6. Distribution of Executable Versions.
       
   236 
       
   237                                 You may distribute Covered Code in Executable form only if the 
       
   238                                 requirements of Section 3.1-3.5 have been met for that Covered Code, 
       
   239                                 and if You include a notice stating that the Source Code version of 
       
   240                                 the Covered Code is available under the terms of this License, 
       
   241                                 including a description of how and where You have fulfilled the 
       
   242                                 obligations of Section 3.2. The notice must be conspicuously included 
       
   243                                 in any notice in an Executable version, related documentation or 
       
   244                                 collateral in which You describe recipients' rights relating to the 
       
   245                                 Covered Code. You may distribute the Executable version of Covered 
       
   246                                 Code or ownership rights under a license of Your choice, which may 
       
   247                                 contain terms different from this License, provided that You are in 
       
   248                                 compliance with the terms of this License and that the license for the 
       
   249                                 Executable version does not attempt to limit or alter the recipient's 
       
   250                                 rights in the Source Code version from the rights set forth in this 
       
   251                                 License. If You distribute the Executable version under a different 
       
   252                                 license You must make it absolutely clear that any terms which differ 
       
   253                                 from this License are offered by You alone, not by the Initial 
       
   254                                 Developer or any Contributor. You hereby agree to indemnify the 
       
   255                                 Initial Developer and every Contributor for any liability incurred by 
       
   256                                 the Initial Developer or such Contributor as a result of any such 
       
   257                                 terms You offer. 
       
   258 
       
   259                         3.7. Larger Works.
       
   260 
       
   261                                 You may create a Larger Work by combining Covered Code with other code 
       
   262                                 not governed by the terms of this License and distribute the Larger 
       
   263                                 Work as a single product. In such a case, You must make sure the 
       
   264                                 requirements of this License are fulfilled for the Covered Code.
       
   265 
       
   266                         4. Inability to Comply Due to Statute or Regulation. 
       
   267 
       
   268                                 If it is impossible for You to comply with any of the terms of this 
       
   269                                 License with respect to some or all of the Covered Code due to 
       
   270                                 statute, judicial order, or regulation then You must: (a) comply with 
       
   271                                 the terms of this License to the maximum extent possible; and (b) 
       
   272                                 describe the limitations and the code they affect. Such description 
       
   273                                 must be included in the LEGAL file described in Section 3.4 and must 
       
   274                                 be included with all distributions of the Source Code. Except to the 
       
   275                                 extent prohibited by statute or regulation, such description must be 
       
   276                                 sufficiently detailed for a recipient of ordinary skill to be able to 
       
   277                                 understand it.
       
   278 
       
   279                         5. Application of this License. 
       
   280 
       
   281                                 This License applies to code to which the Initial Developer has 
       
   282                                 attached the notice in Exhibit A and to related Covered Code.
       
   283 
       
   284                         6. Versions of the License. 
       
   285 
       
   286                         6.1. New Versions.
       
   287 
       
   288                                 Sun Microsystems, Inc. ("Sun") may publish revised and/or new versions 
       
   289                                 of the License from time to time. Each version will be given a 
       
   290                                 distinguishing version number. 
       
   291 
       
   292                         6.2. Effect of New Versions.
       
   293 
       
   294                                 Once Covered Code has been published under a particular version of the 
       
   295                                 License, You may always continue to use it under the terms of that 
       
   296                                 version. You may also choose to use such Covered Code under the terms 
       
   297                                 of any subsequent version of the License published by Sun. No one 
       
   298                                 other than Sun has the right to modify the terms applicable to Covered 
       
   299                                 Code created under this License. 
       
   300 
       
   301                         6.3. Derivative Works.
       
   302 
       
   303                                 If You create or use a modified version of this License (which you may 
       
   304                                 only do in order to apply it to code which is not already Covered Code 
       
   305                                 governed by this License), You must: (a) rename Your license so that 
       
   306                                 the phrases "Sun," "Sun Public License," or "SPL" or any confusingly 
       
   307                                 similar phrase do not appear in your license (except to note that your 
       
   308                                 license differs from this License) and (b) otherwise make it clear 
       
   309                                 that Your version of the license contains terms which differ from the 
       
   310                                 Sun Public License. (Filling in the name of the Initial Developer, 
       
   311                                 Original Code or Contributor in the notice described in Exhibit A 
       
   312                                 shall not of themselves be deemed to be modifications of this 
       
   313                                 License.)
       
   314 
       
   315                         7. DISCLAIMER OF WARRANTY. 
       
   316 
       
   317                                 COVERED CODE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, 
       
   318                                 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 
       
   319                                 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF 
       
   320                                 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 
       
   321                                 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE 
       
   322                                 IS WITH YOU. SHOULD ANY COVERED CODE PROVE DEFECTIVE IN ANY RESPECT, 
       
   323                                 YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 
       
   324                                 COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER 
       
   325                                 OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 
       
   326                                 ANY COVERED CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
       
   327 
       
   328                         8. TERMINATION. 
       
   329 
       
   330                                 8.1. This License and the rights granted hereunder will terminate 
       
   331                                 automatically if You fail to comply with terms herein and fail to cure 
       
   332                                 such breach within 30 days of becoming aware of the breach. All 
       
   333                                 sublicenses to the Covered Code which are properly granted shall 
       
   334                                 survive any termination of this License. Provisions which, by their 
       
   335                                 nature, must remain in effect beyond the termination of this License 
       
   336                                 shall survive. 
       
   337 
       
   338                                 8.2. If You initiate litigation by asserting a patent infringement 
       
   339                                 claim (excluding declaratory judgment actions) against Initial Developer 
       
   340                                 or a Contributor (the Initial Developer or Contributor against whom 
       
   341                                 You file such action is referred to as "Participant")  alleging that: 
       
   342 
       
   343                                 (a) such Participant's Contributor Version directly or indirectly 
       
   344                                 infringes any patent, then any and all rights granted by such 
       
   345                                 Participant to You under Sections 2.1 and/or 2.2 of this License 
       
   346                                 shall, upon 60 days notice from Participant terminate prospectively, 
       
   347                                 unless if within 60 days after receipt of notice You either: (i)  
       
   348                                 agree in writing to pay Participant a mutually agreeable reasonable 
       
   349                                 royalty for Your past and future use of Modifications made by such 
       
   350                                 Participant, or (ii) withdraw Your litigation claim with respect to 
       
   351                                 the Contributor Version against such Participant.  If within 60 days 
       
   352                                 of notice, a reasonable royalty and payment arrangement are not 
       
   353                                 mutually agreed upon in writing by the parties or the litigation claim 
       
   354                                 is not withdrawn, the rights granted by Participant to You under 
       
   355                                 Sections 2.1 and/or 2.2 automatically terminate at the expiration of 
       
   356                                 the 60 day notice period specified above. 
       
   357 
       
   358                                 (b) any software, hardware, or device, other than such Participant's 
       
   359                                 Contributor Version, directly or indirectly infringes any patent, then 
       
   360                                 any rights granted to You by such Participant under Sections 2.1(b) 
       
   361                                 and 2.2(b) are revoked effective as of the date You first made, used, 
       
   362                                 sold, distributed, or had made, Modifications made by that 
       
   363                                 Participant. 
       
   364 
       
   365                                 8.3. If You assert a patent infringement claim against Participant 
       
   366                                 alleging that such Participant's Contributor Version directly or 
       
   367                                 indirectly infringes any patent where such claim is resolved (such as 
       
   368                                 by license or settlement) prior to the initiation of patent 
       
   369                                 infringement litigation, then the reasonable value of the licenses 
       
   370                                 granted by such Participant under Sections 2.1 or 2.2 shall be taken 
       
   371                                 into account in determining the amount or value of any payment or 
       
   372                                 license. 
       
   373 
       
   374                                 8.4. In the event of termination under Sections 8.1 or 8.2 above,  all 
       
   375                                 end user license agreements (excluding distributors and resellers) 
       
   376                                 which have been validly granted by You or any distributor hereunder 
       
   377                                 prior to termination shall survive termination.
       
   378 
       
   379                         9. LIMITATION OF LIABILITY. 
       
   380 
       
   381                                 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 
       
   382                                 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 
       
   383                                 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, 
       
   384                                 OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR 
       
   385                                 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 
       
   386                                 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, 
       
   387                                 WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 
       
   388                                 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 
       
   389                                 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 
       
   390                                 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY 
       
   391                                 RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW 
       
   392                                 PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 
       
   393                                 EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 
       
   394                                 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
       
   395 
       
   396                         10. U.S. GOVERNMENT END USERS. 
       
   397 
       
   398                                 The Covered Code is a "commercial item," as that term is defined in 48 
       
   399                                 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" 
       
   400                                 and "commercial computer software documentation," as such terms are 
       
   401                                 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 
       
   402                                 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 
       
   403                                 U.S. Government End Users acquire Covered Code with only those rights 
       
   404                                 set forth herein.
       
   405 
       
   406                         11. MISCELLANEOUS. 
       
   407 
       
   408                                 This License represents the complete agreement concerning subject 
       
   409                                 matter hereof. If any provision of this License is held to be 
       
   410                                 unenforceable, such provision shall be reformed only to the extent 
       
   411                                 necessary to make it enforceable. This License shall be governed by 
       
   412                                 California law provisions (except to the extent applicable law, if 
       
   413                                 any, provides otherwise), excluding its conflict-of-law provisions. 
       
   414                                 With respect to disputes in which at least one party is a citizen of, 
       
   415                                 or an entity chartered or registered to do business in the United 
       
   416                                 States of America, any litigation relating to this License shall be 
       
   417                                 subject to the jurisdiction of the Federal Courts of the Northern 
       
   418                                 District of California, with venue lying in Santa Clara County, 
       
   419                                 California, with the losing party responsible for costs, including 
       
   420                                 without limitation, court costs and reasonable attorneys' fees and 
       
   421                                 expenses. The application of the United Nations Convention on 
       
   422                                 Contracts for the International Sale of Goods is expressly excluded. 
       
   423                                 Any law or regulation which provides that the language of a contract 
       
   424                                 shall be construed against the drafter shall not apply to this 
       
   425                                 License.
       
   426 
       
   427                         12. RESPONSIBILITY FOR CLAIMS. 
       
   428 
       
   429                                 As between Initial Developer and the Contributors, each party is 
       
   430                                 responsible for claims and damages arising, directly or indirectly, 
       
   431                                 out of its utilization of rights under this License and You agree to 
       
   432                                 work with Initial Developer and Contributors to distribute such 
       
   433                                 responsibility on an equitable basis. Nothing herein is intended or 
       
   434                                 shall be deemed to constitute any admission of liability.
       
   435 
       
   436                         13. MULTIPLE-LICENSED CODE. 
       
   437 
       
   438                                 Initial Developer may designate portions of the Covered Code as 
       
   439                                 ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial 
       
   440                                 Developer permits you to utilize portions of the Covered Code under 
       
   441                                 Your choice of the alternative licenses, if any, specified by the 
       
   442                                 Initial Developer in the file described in Exhibit A.
       
   443 
       
   444                         Exhibit A -Sun Public License Notice. 
       
   445 
       
   446                                 The contents of this file are subject to the Sun Public License 
       
   447                                 Version 1.0 (the "License"); you may not use this file except in 
       
   448                                 compliance with the License. A copy of the License is available at 
       
   449                                 http://www.sun.com/
       
   450 
       
   451                                 The Original Code is _________________. The Initial Developer of the 
       
   452                                 Original Code is ___________. Portions created by ______ are Copyright 
       
   453                                 (C)_________. All Rights Reserved.
       
   454 
       
   455                                 Contributor(s): ______________________________________. 
       
   456 
       
   457                                 Alternatively, the contents of this file may be used under the terms 
       
   458                                 of the _____ license (the  ?[___] License?), in which case the 
       
   459                                 provisions of [______] License are applicable  instead of those above.  
       
   460                                 If you wish to allow use of your version of this file only under the 
       
   461                                 terms of the [____] License and not to allow others to use your 
       
   462                                 version of this file under the SPL, indicate your decision by deleting  
       
   463                                 the provisions above and replace  them with the notice and other 
       
   464                                 provisions required by the [___] License. If you do not delete the 
       
   465                                 provisions above, a recipient may use your version of this file under 
       
   466                                 either the SPL or the [___] License." 
       
   467 
       
   468                                 [NOTE: The text of this Exhibit A may differ slightly from the text of 
       
   469                                 the notices in the Source Code files of the Original Code. You should 
       
   470                                 use the text of this Exhibit A rather than the text found in the 
       
   471                                 Original Code Source Code for Your Modifications.]