a) 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).
b) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on
the date Contributor first distributes or otherwise makes the
Modifications available to a third party.
c) Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from the
Contributor Version; (2) 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 (3)
under Patent Claims infringed by Covered Software in the absence
of Modifications made by that Contributor.
3. Distribution Obligations.
3.1.
Availability of Source Code.
Any Covered Software that You distribute or otherwise make available in
Executable form must also be made available in Source Code form and
that Source Code form must be distributed only under the terms of this
License. You must include a copy of this License with every copy of the
Source Code form of the Covered Software You distribute or otherwise
make available. You must inform recipients of any such Covered
Software in Executable form as to how they can obtain such Covered
Software in Source Code form in a reasonable manner on or through a
medium customarily used for software exchange.
3.2.
Modifications.
The Modifications that You create or to which You contribute are
governed by the terms of this License. You represent that You believe
Your Modifications are Your original creation(s) and/or You have
sufficient rights to grant the rights conveyed by this License.
3.3.
Required Notices.
You must include a notice in each of Your Modifications that identifies
You as the Contributor of the Modification. You may not remove or alter
any copyright, patent or trademark notices contained within the
Covered Software, or any notices of licensing or any descriptive text
giving attribution to any Contributor or the Initial Developer.
3.4.
Application of Additional Terms.
You may not offer or impose any terms on any Covered Software in
Source Code form that alters or restricts the applicable version of this
License or the recipients’ rights hereunder. You may choose to offer,
and to charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software. 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 that 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.
3.5.
Distribution of Executable Versions.
You may distribute the Executable form of the Covered Software under
the terms of this License or under the terms of 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 form does not attempt to limit or alter the recipient’s
rights in the Source Code form from the rights set forth in this License. If
You distribute the Covered Software in Executable form 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
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.
3.6.
Larger Works.
You may create a Larger Work by combining Covered Software 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 Software.
4. Versions of the License.
4.1.
New Versions.
Sun Microsystems, Inc. is the initial license steward and may publish
revised and/or new versions of this License from time to time. Each
version will be given a distinguishing version number. Except as
provided in Section 4.3, no one other than the license steward has the
right to modify this License.
4.2.
Effect of New Versions.
You may always continue to use, distribute or otherwise make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software. If the
Initial Developer includes a notice in the Original Software prohibiting it
from being distributed or otherwise made available under any
subsequent version of the License, You must distribute and make the
Covered Software available under the terms of the version of the
License under which You originally received the Covered Software.
Otherwise, You may also choose to use, distribute or otherwise make
the Covered Software available under the terms of any subsequent
version of the License published by the license steward.
4.3.
Modified Versions.
When You are an Initial Developer and You want to create a new license
for Your Original Software, You may create and use a modified version
of this License if You: (a) rename the license and remove any references
to the name of the license steward (except to note that the license
differs from this License); and (b) otherwise make it clear that the license
contains terms which differ from this License.
5. DISCLAIMER OF WARRANTY.
COVERED SOFTWARE 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 SOFTWARE 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 SOFTWARE IS WITH YOU.
SHOULD ANY COVERED SOFTWARE 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 SOFTWARE IS AUTHORIZED
HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
6. TERMINATION.
6.1.
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. Provisions
which, by their nature, must remain in effect beyond the termination of
this License shall survive.
6.2.
If You assert a patent infringement claim (excluding declaratory
judgment actions) against Initial Developer or a Contributor (the Initial
Developer or Contributor against whom You assert such claim is
referred to as “Participant”) alleging that the Participant Software
(meaning the Contributor Version where the Participant is a Contributor
or the Original Software where the Participant is the Initial Developer)
directly or indirectly infringes any patent, then any and all rights granted
directly or indirectly to You by such Participant, the Initial Developer (if
the Initial Developer is not the Participant) and all Contributors under
Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively and automatically at the expiration of
such 60 day notice period, unless if within such 60 day period You
withdraw Your claim with respect to the Participant Software against
such Participant either unilaterally or pursuant to a written agreement
with Participant.
6.3.
In the event of termination under Sections 6.1 or 6.2 above, all end
user licenses that have been validly granted by You or any distributor
hereunder prior to termination (excluding licenses granted to You by any
distributor) shall survive termination.
7. 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 SOFTWARE,
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 LOST PROFITS, 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
