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