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SUN INDUSTRY STANDARDS SOURCE LICENSE
Version 1.2
1.0 DEFINITIONS
1.1 Commercial Use means distribution or otherwise making the Original
Code available to a third party.
1.2 Contributor Version means the combination of the Original Code, and
the Modifications made by that particular Contributor.
1.3 Electronic Distribution Mechanism means a mechanism generally
accepted in the software development community for the electronic
transfer of data.
1.4 Executable means Original Code in any form other than Source Code.
1.5 Initial Developer means the individual or entity identified as the
Initial Developer in the Source Code notice required by Exhibit A.
1.6 Larger Work means a work which combines Original Code or portions
thereof with code not governed by the terms of this License.
1.7 License means this document.
1.8 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.
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.
1.11 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.
1.12 Source Code means the preferred form of the Original Code for
making modifications to it, including all modules it contains, plus any
associated interface definition files, or scripts used to control
compilation and installation of an Executable.
1.13 Standards means the standards identified in Exhibit B.
1.14 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.
2.0 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 Patents 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, including but not limited
to Modifications.
3.0 DISTRIBUTION OBLIGATIONS
3.1 Application of License.
The Source Code version of Original 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. Your license for shipment of the Contributor Version is
conditioned upon Your full compliance with this Section. The
Modifications which You create must comply with all requirements set
out by the Standards body in effect one hundred twenty (120) days
before You ship the Contributor Version. In the event that the
Modifications do not meet such requirements, You agree to publish
either (i) any deviation from the Standards protocol resulting from
implementation of Your Modifications and a reference implementation of
Your Modifications or (ii) Your Modifications in Source Code form, and
to make any such deviation and reference implementation or
Modifications available to all third parties under the same terms a
this license on a royalty free basis within thirty (30) days of Your
first customer shipment of Your Modifications. Additionally, in the
event that the Modifications you create do not meet the requirements
set out in this Section, You agree to comply with the Standards
requirements set out in Exhibit B.
3.2 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 Initial Code.
You may choose to offer, and to charge a fee for, warranty, support,
indemnity or liability obligations to one or more recipients of Your
version of the Code. However, You may do so only on Your own behalf,
and not on behalf of the Initial Developer. 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 for any liability incurred by the Initial
Developer as a result of warranty, support, indemnity or liability
terms You offer.
3.3 Distribution of Executable Versions. You may distribute Original
Code in Executable and Source form only if the requirements of Sections
3.1 and 3.2 have been met for that Original Code, and if You include a
notice stating that the Source Code version of the Original Code is
available under the terms of this License. The notice must be
conspicuously included in any notice in an Executable or Source
versions, related documentation or collateral in which You describe
recipients rights relating to the Original Code. You may distribute the
Executable and Source versions of Your version of the 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. If You distribute the Executable and Source
versions 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. You hereby agree to indemnify the Initial
Developer for any liability incurred by the Initial Developer as a
result of any such terms You offer.
3.4 Larger Works. You may create a Larger Work by combining Original
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
Original Code.
4.0 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 Original 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 3.2 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.
5.0 APPLICATION OF THIS LICENSE
This License applies to code to which the Initial Developer has
attached the notice in Exhibit A and to related Modifications as set
out in Section 3.1.
6.0 VERSIONS OF THE LICENSE
6.1 New Versions. 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 Original 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
Original 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 Original Code.
7.0 DISCLAIMER OF WARRANTY
ORIGINAL 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 ORIGINAL 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 ORIGINAL CODE IS
WITH YOU. SHOULD ANY ORIGINAL CODE PROVE DEFECTIVE IN ANY RESPECT, YOU
(NOT THE INITIAL DEVELOPER) 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 ORIGINAL CODE IS
AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8.0 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 Original 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 In the event of termination under Section 8.1 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.
EXHIBIT A - Sun Industry Standards Source License
"The contents of this file are subject to the Sun Industry
Standards Source License Version 1.2 (the License); You
may not use this file except in compliance with the License."
"You may obtain a copy of the License at
gridengine.sunsource.net/license.html"
"Software distributed under the License is distributed on an
AS IS basis, WITHOUT WARRANTY OF ANY KIND, either express or
implied. See the License for the specific language governing
rights and limitations under the License."
"The Original Code is Grid Engine."
"The Initial Developer of the Original Code is:
Sun Microsystems, Inc."
"Portions created by: Sun Microsystems, Inc. are
Copyright (C) 2001 Sun Microsystems, Inc."
"All Rights Reserved."
"Contributor(s):__________________________________"
EXHIBIT B - Standards
1.0 Requirements for project Standards. The requirements for project
Standards are version-dependent and are defined at:
gridengine.sunsource.net/standards.html.
2.0 Additional requirements. The additional requirements pursuant to
Section 3.1 are defined as:
2.1 Naming Conventions. If any of your Modifications do not meet the
requirements of the Standard, then you must change the product name so
that Grid Engine, gridengine, gridengine.sunsource, and similar naming
conventions are not used.
2.2 Compliance Claims. If any of your Modifications do not meet the
requirements of the Standards you may not claim, directly or
indirectly, that your implementation of the Standards is compliant.
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