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$FreeBSD$
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Sun Industry Standards Source License 1.0
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DEFINITIONS
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1.1. "Commercial Use" means distribution or otherwise
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making the Original Code available to a third party.
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1.2. "Contributor Version" means the combination of the
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Original Code, and the Modifications made by that particular
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Contributor.
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1.3. "Electronic Distribution Mechanism" means a mechanism
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generally accepted in the software development community for
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the electronic transfer of data.
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1.4. "Executable" means Original Code in any form other
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than Source Code.
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1.5. "Initial Developer" means the individual or entity
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identified as the Initial Developer in the Source Code
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notice required by 2 (Exhibit A)
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1.6. "Larger Work" means a work which combines Original
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Code or portions thereof with code not governed by the terms
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of this License.
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1.7. "License" means this document.
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1.8. "Licensable" means having the right to grant, to the
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maximum extent possible, whether at the time of the initial
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grant or subsequently acquired, any and all of the rights
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conveyed herein.
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1.9. "Modifications" means any addition to or deletion from
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the substance or structure of either the Original Code or
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any previous Modifications. A Modification is:
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A. Any addition to or deletion from the contents of a file
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containing Original Code or previous Modifications.
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B. Any new file that contains any part of the Original Code
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or previous Modifications. .
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1.10. "Original Code" means Source Code of computer
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software code which is described in the Source Code notice
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required by Exhibit A as Original Code.
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1.11. "Patent Claims" means any patent claims, now owned or
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hereafter acquired, including without limitation, method,
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process, and apparatus claims, in any patent Licensable by
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grantor.
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1.12. "Source Code" means the preferred form of the
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Original Code for making modifications to it, including all
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modules it contains, plus any associated interface
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definition files, or scripts used to control compilation and
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installation of an Executable.
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1.13. "Standards" means the standard identified in Exhibit
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B or a subsequent version of such standard.
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1.14. "You" or "Your" means an individual or a legal entity
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exercising rights under, and complying with all of the terms
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of, this License or a future version of this License issued
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under Section 6.1. For legal entities, "You" includes any
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entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition,
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"control" means (a) the power, direct or indirect, to cause
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the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of more than fifty
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percent (50%) of the outstanding shares or beneficial
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ownership of such entity.
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2.0 SOURCE CODE LICENSE
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2.1 The Initial Developer Grant: The Initial Developer
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hereby grants You a world-wide, royalty-free, non-exclusive
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license, subject to third party intellectual property
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claims:
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a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer to use,
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reproduce, modify, display, perform, sub license and
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distribute the Original Code (or portions thereof )with or
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without Modifications, and/or as part of a Larger Work; and
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b) under Patents Claims infringed by the making, using or
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selling of Original Code, to make, have made, use, practice,
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sell, and offer for sale, and/or otherwise dispose of the
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Original Code (or portions thereof).
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c) the licenses granted in this Section 2.1(a ) and (b) are
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effective on the date Initial Developer first distributes
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Original Code under the terms of this License.
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d) Notwithstanding Section 2.1(b )above, no patent license
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is granted: 1) for code that You delete from the Original
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Code; 2) separate from the Original Code; or 3) for
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infringements caused by: i) the modification of the
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Original Code or
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ii) the combination of the Original Code with other software
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or devices, including but not limited to Modifications.
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3.0 DISTRIBUTION OBLIGATIONS
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3.1 Application of License. The Source Code version of
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Original Code may be distributed only under the terms of
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this License or a future version of this License released
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under Section 6.1, and You must include a copy of this
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License with every copy of the Source Code You distribute.
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You may not offer or impose any terms on any Source Code
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version that alters or restricts the applicable version of
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this License or the recipient's rights hereunder. Your
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license for shipment of the Contributor Version is
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conditioned upon your full compliance with this Section.
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The Modifications which you create must comply with all
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requirements set out by the Standards body in effect 120
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days before You ship the Contributor Version. In the event
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that the Modifications do not meet such requirements, You
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agree to publish (i) any deviation from the Standards
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protocol resulting from implementation of your Modifications
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and (ii) a reference implementation of Your Modifications,
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and to make any such deviation and reference implementation
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available to all third parties under the same terms as the
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license on a royalty free basis within thirty (30) days of
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Your first customer shipment of Your Modifications.
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3.2 Required Notices. You must duplicate the notice in
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Exhibit A in each file of the Source Code. If it is not
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possible to put such notice in a particular Source Code file
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due to its structure, then You must include such notice in a
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location (such as a relevant directory ) where a user would
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be likely to look for such a notice. If You created one or
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more Modifications ) You may add your name as a Contributor
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to the notice described in Exhibit A. You must also
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duplicate this License in any documentation for the Source
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Code where You describe recipients' rights or ownership
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rights relating to Initial Code. You may choose to offer,
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and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Your
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version of the Code. However, You may do so only
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on Your own behalf, and not on behalf of the Initial
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Developer. You must make it absolutely clear than any such
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warranty, support, indemnity or liability obligation is
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offered by You alone, and You hereby agree to indemnify the
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Initial Developer for any liability incurred by the Initial
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Developer as a result of warranty, support, indemnity or
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liability terms You offer.
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3.3 Distribution of Executable Versions. You may distribute
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Original Code in Executable and Source form only if the
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requirements of Section 3.1 and 3.2 have been met for that
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Original Code, and if You include a notice stating that the
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Source Code version of the Original Code is available under
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the terms of this License. The notice must be conspicuously
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included in any notice in an Executable or Source versions,
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related documentation or collateral in which You describe
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recipients' rights relating to the Original Code. You may
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distribute the Executable and Source versions of Your
|
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version of the Code or ownership rights under a license of
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Your choice, which may contain terms different from this
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License, provided that You are in compliance with the terms
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of this License. If You distribute the Executable and
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Source versions under a different license You must make it
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absolutely clear that any terms which differ from this
|
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License are offered by You alone, not by the Initial
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Developer . You hereby agree to indemnify the Initial
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Developer for any liability incurred by the Initial
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Developer as a result of any such terms You offer .
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3.4 Larger Works. You may create a Larger Work by combining
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Original Code with other code not governed by the terms of
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this License and distribute the Larger Work as a single
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product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Original
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Code.
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4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION
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If it is impossible for You to comply with any of the terms
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of this License with respect to some or all of the Original
|
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Code due to statute, judicial order, or regulation then You
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must:
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a) comply with the terms of this License to the maximum
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||||
extent possible; and
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b) describe the limitations and the code they affect. Such
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description must be included in the LEGAL file described in
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Section 3.2 and must be included with all distributions of
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the Source Code. Except to the extent prohibited by statute
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or regulation, such description must be sufficiently
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detailed for a recipient of ordinary skill to be able to
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understand it.
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5.0 APPLICATION OF THIS LICENSE This License applies to code
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to which the Initial Developer has attached the notice in
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Exhibit A and to related Modifications as set out in Section
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3.1.
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6.0 VERSIONS OF THE LICENSE
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6.1 New Versions. Sun Microsystems, Inc. Sun may publish
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revised and/or new versions of the License from time to
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time. Each version will be given a distinguishing version
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number .
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6.2 Effect of New Versions. Once Original Code has been
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published under a particular version of the License, You may
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always continue to use it under the terms of that version.
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You may also choose to use such Original Code under the
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terms of any subsequent version of the License published by
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Sun. No one other than Sun has the right to modify the
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terms applicable to Original Code.
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7. DISCLAIMER OF W ARRANTY. ORIGINAL CODE IS PROVIDED
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UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF
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ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE ORIGINAL CODE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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PERFORMANCE OF THE ORIGINAL CODE IS WITH YOU. SHOULD ANY
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ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
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INITIAL DEVELOPER )ASSUME THE COST OF ANY NECESSARY
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SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
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WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO
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USE OF ANY ORIGINAL CODE IS AUTHORIZED HEREUNDER EXCEPT
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UNDER THIS DISCLAIMER.
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8.0 TERMINATION
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8.1 This License and the rights granted hereunder will
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terminate automatically if You fail to comply with terms
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herein and fail to cure such breach within 30 days of
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becoming aware of the breach. All sublicenses to the
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Original Code which are properly granted shall survive any
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termination of this License. Provisions which, by their
|
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nature, must remain in effect beyond the termination of this
|
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License shall survive.
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8.2 .In the event of termination under Section 8.1 above,
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all end user license agreements (excluding distributors and
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resellers) which have been validly granted by You or any
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distributor hereunder prior to termination shall survive
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termination.
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9.0 LIMIT OF LIABILITY UNDER NO CIRCUMSTANCES AND UNDER NO
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LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE) ,CONTRACT,
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OR OTHER WISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
|
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF ORIGINAL CODE, OR ANY
|
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SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
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ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
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LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY
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SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY
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RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT
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APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME
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JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
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INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU.
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10.0 U .S. GOVERNMENT END USERS U.S. Government: If this
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Software is being acquired by or on behalf of the U.S.
|
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Government or by a U.S. Government prime contractor or
|
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subcontractor (at any tier), then the Government's rights in
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the Software and accompanying documentation shall be only as
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set forth in this license; this is in accordance with 48 C.F
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.R. 227.7201 through 227.7202-4 (for Department of Defense
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(DoD) acquisitions )and with 48 C.F.R.2.101 and 12.212( for
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non-DoD acquisitions).
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11.0 MISCELLANEOUS This License represents the complete
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||||
agreement concerning subject matter hereof. If any
|
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provision of this License is held to be unenforceable, such
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provision shall be reformed only to the extent necessary to
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make it enforceable. This License shall be governed by
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California law provisions (except to the extent applicable
|
||||
law, if any, provides otherwise), excluding its
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conflict-of-law provisions. With respect to disputes in
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which at least one party is a citizen of, or an entity
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chartered or registered to do business in the United States
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of America, any litigation relating to this License shall be
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subject to the jurisdiction of the Federal Courts of the
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Northern District of California, with venue lying in Santa
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Clara County, California, with the losing party responsible
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for costs, including without limitation, court costs and
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reasonable attorneys fees and expenses. The application of
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the United Nations Convention on Contracts for the
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International Sale of Goods is expressly excluded. Any law
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or regulation which provides that the language of a contract
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shall be construed against the drafter shall not apply to
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this License.
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EXHIBIT A - Sun Standards
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"The contents of this file are subject to the Sun Standards
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License Version 1.0 the (the "License";) You may not use
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this file except in compliance with the License. You may
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obtain a copy of the License at
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_______________________________.
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Software distributed under the License is distributed on
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an "AS IS" basis, WITHOUT WARRANTY OF ANY KIND, either
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express or implied. See the License for the specific
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language governing rights and limitations under the License.
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The Original Code is Copyright 1998 by Sun Microsystems, Inc
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The Initial Developer of the Original Code is: Sun
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Microsystems, Inc.
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Portions created by _____________________________ are
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Copyright ______________________________.
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All Rights Reserved.
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Contributors: ______________________________________.
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EXHIBIT B - Sun Standards
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The Standard is defined as the following IETF RFCs:
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RFC1831: RPC: Remote Procedure Call Protocol Specification
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Version 2 RFC1832: XDR: External Data REpresentation
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Standard RFC1833: Binding Protocols for ONC RPC Version 2
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RFC2078: Generic Security Service Application Program
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Interface, Version 2 RFC2203: RPCSEC_GSS Protocol
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Specification RFC2695: Authentication Mechanisms for ONC RPC
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