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diff --git a/meta/files/common-licenses/SPL-1.0 b/meta/files/common-licenses/SPL-1.0 new file mode 100644 index 00000000000..2848b36215f --- /dev/null +++ b/meta/files/common-licenses/SPL-1.0 @@ -0,0 +1,507 @@ + +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.] + |