key: cua-opl-1.0 short_name: CUA-OPL-1.0 name: CUA Office Public License 1.0 category: Copyleft Limited owner: OSI - Open Source Initiative homepage_url: http://www.opensource.org/licenses/cuaoffice.php notes: Per SPDX.org, this license is OSI certifified. spdx_license_key: CUA-OPL-1.0 osi_license_key: CUA-OPL-1.0 text_urls: - http://opensource.org/licenses/cuaoffice.php osi_url: http://opensource.org/licenses/cuaoffice.php other_urls: - http://opensource.org/licenses/CUA-OPL-1.0 - https://opensource.org/licenses/CUA-OPL-1.0 ignorable_urls: - http://cuaoffice.sourceforge.net/ text: "CUA Office Public License Version 1.0\n1. Definitions.\n\n1.0.1. \"Commercial Use\" means\ \ distribution or otherwise making the\nCovered Code available to a third party.\n\n1.1. \"\ Contributor\" means each entity that creates or contributes to\nthe creation of Modifications.\n\ \n1.2. \"Contributor Version\" means the combination of the Original\nCode, prior Modifications\ \ used by a Contributor, and the Modifications\nmade by that particular Contributor.\n\n1.3.\ \ \"Covered Code\" means the Original Code or Modifications or the\ncombination of the Original\ \ Code and Modifications, in each case\nincluding portions thereof.\n\n1.4. \"Electronic Distribution\ \ Mechanism\" means a mechanism generally\naccepted in the software development community\ \ for the electronic\ntransfer of data.\n\n1.5. \"Executable\" means Covered Code in any form\ \ other than Source\nCode.\n\n1.6. \"Initial Developer\" means the individual or entity identified\n\ as the Initial Developer in the Source Code notice required by Exhibit\nA.\n\n1.7. \"Larger\ \ Work\" means a work which combines Covered Code or\nportions thereof with code not governed\ \ by the terms of this License.\n\n1.8. \"License\" means this document.\n\n1.8.1. \"Licensable\"\ \ means having the right to grant, to the maximum\nextent possible, whether at the time of\ \ the initial grant or\nsubsequently acquired, any and all of the rights conveyed herein.\n\ \n1.9. \"Modifications\" means any addition to or deletion from the\nsubstance or structure\ \ of either the Original Code or any previous\nModifications. When Covered Code is released\ \ as a series of files, a\nModification is:\n\nA. Any addition to or deletion from the contents\ \ of a file\ncontaining Original Code or previous Modifications.\n\nB. Any new file that contains\ \ any part of the Original Code or\nprevious Modifications.\n\n1.10. \"Original Code\" means\ \ Source Code of computer software code\nwhich is described in the Source Code notice required\ \ by Exhibit A as\nOriginal Code, and which, at the time of its release under this\nLicense\ \ is not already Covered Code governed by this License.\n\n1.10.1. \"Patent Claims\" means\ \ any patent claim(s), now owned or\nhereafter acquired, including without limitation, method,\ \ process,\nand apparatus claims, in any patent Licensable by grantor.\n\n1.11. \"Source Code\"\ \ means the preferred form of the Covered Code for\nmaking modifications to it, including\ \ all modules it contains, plus\nany associated interface definition files, scripts used to\ \ control\ncompilation and installation of an Executable, or source code\ndifferential comparisons\ \ against either the Original Code or another\nwell known, available Covered Code of the Contributor's\ \ choice. The\nSource Code can be in a compressed or archival form, provided the\nappropriate\ \ decompression or de-archiving software is widely available\nfor no charge.\n\n1.12. \"You\"\ \ (or \"Your\") means an individual or a legal entity\nexercising rights under, and complying\ \ with all of the terms of, this\nLicense or a future version of this License issued under\ \ Section 6.1.\nFor legal entities, \"You\" includes any entity which controls, is\ncontrolled\ \ by, or is under common control with You. For purposes of\nthis definition, \"control\" means\ \ (a) the power, direct or indirect,\nto cause the direction or management of such entity,\ \ whether by\ncontract or otherwise, or (b) ownership of more than fifty percent\n(50%) of\ \ the outstanding shares or beneficial ownership of such\nentity.\n\n2. Source Code License.\n\ \n2.1. The Initial Developer Grant.\nThe Initial Developer hereby grants You a world-wide,\ \ royalty-free,\nnon-exclusive license, subject to third party intellectual property\nclaims:\n\ \n(a) under intellectual property rights (other than patent or\ntrademark) Licensable by Initial\ \ Developer to use, reproduce,\nmodify, display, perform, sublicense and distribute the Original\n\ Code (or portions thereof) with or without Modifications, and/or\nas part of a Larger Work;\ \ and\n\n(b) under Patents Claims infringed by the making, using or\nselling of Original Code,\ \ to make, have made, use, practice,\nsell, and offer for sale, and/or otherwise dispose of\ \ the\nOriginal Code (or portions thereof).\n\n(c) the licenses granted in this Section 2.1(a)\ \ and (b) are\neffective on the date Initial Developer first distributes\nOriginal Code under\ \ the terms of this License.\n\n(d) Notwithstanding Section 2.1(b) above, no patent license\ \ is\ngranted: 1) for code that You delete from the Original Code; 2)\nseparate from the Original\ \ Code; or 3) for infringements caused\nby: i) the modification of the Original Code or ii)\ \ the\ncombination of the Original Code with other software or devices.\n\n2.2. Contributor\ \ Grant.\nSubject to third party intellectual property claims, each Contributor\nhereby grants\ \ You a world-wide, royalty-free, non-exclusive license\n\n(a) under intellectual property\ \ rights (other than patent or\ntrademark) Licensable by Contributor, to use, reproduce, modify,\n\ display, perform, sublicense and distribute the Modifications\ncreated by such Contributor\ \ (or portions thereof) either on an\nunmodified basis, with other Modifications, as Covered\ \ Code\nand/or as part of a Larger Work; and\n\n(b) under Patent Claims infringed by the making,\ \ using, or\nselling of Modifications made by that Contributor either alone\nand/or in combination\ \ with its Contributor Version (or portions\nof such combination), to make, use, sell, offer\ \ for sale, have\nmade, and/or otherwise dispose of: 1) Modifications made by that\nContributor\ \ (or portions thereof); and 2) the combination of\nModifications made by that Contributor\ \ with its Contributor\nVersion (or portions of such combination).\n\n(c) the licenses granted\ \ in Sections 2.2(a) and 2.2(b) are\neffective on the date Contributor first makes Commercial\ \ Use of\nthe Covered Code.\n\n(d) Notwithstanding Section 2.2(b) above, no patent license\ \ is\ngranted: 1) for any code that Contributor has deleted from the\nContributor Version;\ \ 2) separate from the Contributor Version;\n3) for infringements caused by: i) third party\ \ modifications of\nContributor Version or ii) the combination of Modifications made\nby that\ \ Contributor with other software (except as part of the\nContributor Version) or other devices;\ \ or 4) under Patent Claims\ninfringed by Covered Code in the absence of Modifications made\ \ by\nthat Contributor.\n\n3. Distribution Obligations.\n\n3.1. Application of License.\n\ The Modifications which You create or to which You contribute are\ngoverned by the terms of\ \ this License, including without limitation\nSection 2.2. The Source Code version of Covered\ \ Code may be\ndistributed only under the terms of this License or a future version\nof this\ \ License released under Section 6.1, and You must include a\ncopy of this License with every\ \ copy of the Source Code You\ndistribute. You may not offer or impose any terms on any Source\ \ Code\nversion that alters or restricts the applicable version of this\nLicense or the recipients'\ \ rights hereunder. However, You may include\nan additional document offering the additional\ \ rights described in\nSection 3.5.\n\n3.2. Availability of Source Code.\nAny Modification\ \ which You create or to which You contribute must be\nmade available in Source Code form\ \ under the terms of this License\neither on the same media as an Executable version or via\ \ an accepted\nElectronic Distribution Mechanism to anyone to whom you made an\nExecutable\ \ version available; and if made available via Electronic\nDistribution Mechanism, must remain\ \ available for at least twelve (12)\nmonths after the date it initially became available,\ \ or at least six\n(6) months after a subsequent version of that particular Modification\n\ has been made available to such recipients. You are responsible for\nensuring that the Source\ \ Code version remains available even if the\nElectronic Distribution Mechanism is maintained\ \ by a third party.\n\n3.3. Description of Modifications.\nYou must cause all Covered Code\ \ to which You contribute to contain a\nfile documenting the changes You made to create that\ \ Covered Code and\nthe date of any change. You must include a prominent statement that\n\ the Modification is derived, directly or indirectly, from Original\nCode provided by the Initial\ \ Developer and including the name of the\nInitial Developer in (a) the Source Code, and (b)\ \ in any notice in an\nExecutable version or related documentation in which You describe the\n\ origin or ownership of the Covered Code.\n\n3.4. Intellectual Property Matters\n\n(a) Third\ \ Party Claims.\nIf Contributor has knowledge that a license under a third party's\nintellectual\ \ property rights is required to exercise the rights\ngranted by such Contributor under Sections\ \ 2.1 or 2.2,\nContributor must include a text file with the Source Code\ndistribution titled\ \ \"LEGAL\" which describes the claim and the\nparty making the claim in sufficient detail\ \ that a recipient will\nknow whom to contact. If Contributor obtains such knowledge after\n\ the Modification is made available as described in Section 3.2,\nContributor shall promptly\ \ modify the LEGAL file in all copies\nContributor makes available thereafter and shall take\ \ other steps\n(such as notifying appropriate mailing lists or newsgroups)\nreasonably calculated\ \ to inform those who received the Covered\nCode that new knowledge has been obtained.\n\n\ (b) Contributor APIs.\n\nIf Contributor's Modifications include an application programming\n\ interface and Contributor has knowledge of patent licenses which\nare reasonably necessary\ \ to implement that API, Contributor must\nalso include this information in the LEGAL file.\n\ \n(c) Representations.\n\nContributor represents that, except as disclosed pursuant to\nSection\ \ 3.4(a) above, Contributor believes that Contributor's\nModifications are Contributor's original\ \ creation(s) and/or\nContributor has sufficient rights to grant the rights conveyed by\n\ this License.\n\n3.5. Required Notices.\nYou must duplicate the notice in Exhibit A in each\ \ file of the Source\nCode. If it is not possible to put such notice in a particular Source\n\ Code file due to its structure, then You must include such notice in a\nlocation (such as\ \ a relevant directory) where a user would be likely\nto look for such a notice. If You created\ \ one or more Modification(s)\nYou may add your name as a Contributor to the notice described\ \ in\nExhibit A. You must also duplicate this License in any documentation\nfor the Source\ \ Code where You describe recipients' rights or ownership\nrights relating to Covered Code.\ \ You may choose to offer, and to\ncharge a fee for, warranty, support, indemnity or liability\n\ obligations to one or more recipients of Covered Code. However, You\nmay do so only on Your\ \ own behalf, and not on behalf of the Initial\nDeveloper or any Contributor. You must make\ \ it absolutely clear than\nany such warranty, support, indemnity or liability obligation\ \ is\noffered by You alone, and You hereby agree to indemnify the Initial\nDeveloper and every\ \ Contributor for any liability incurred by the\nInitial Developer or such Contributor as\ \ a result of warranty,\nsupport, indemnity or liability terms You offer.\n\n3.6. Distribution\ \ of Executable Versions.\nYou may distribute Covered Code in Executable form only if the\n\ requirements of Section 3.1-3.5 have been met for that Covered Code,\nand if You include a\ \ notice stating that the Source Code version of\nthe Covered Code is available under the\ \ terms of this License,\nincluding a description of how and where You have fulfilled the\n\ obligations of Section 3.2. The notice must be conspicuously included\nin any notice in an\ \ Executable version, related documentation or\ncollateral in which You describe recipients'\ \ rights relating to the\nCovered Code. You may distribute the Executable version of Covered\n\ Code or ownership rights under a license of Your choice, which may\ncontain terms different\ \ from this License, provided that You are in\ncompliance with the terms of this License and\ \ that the license for the\nExecutable version does not attempt to limit or alter the recipient's\n\ rights in the Source Code version from the rights set forth in this\nLicense. If You distribute\ \ the Executable version under a different\nlicense You must make it absolutely clear that\ \ any terms which differ\nfrom this License are offered by You alone, not by the Initial\n\ Developer or any Contributor. You hereby agree to indemnify the\nInitial Developer and every\ \ Contributor for any liability incurred by\nthe Initial Developer or such Contributor as\ \ a result of any such\nterms You offer.\n\n3.7. Larger Works.\nYou may create a Larger Work\ \ by combining Covered Code with other code\nnot governed by the terms of this License and\ \ distribute the Larger\nWork as a single product. In such a case, You must make sure the\n\ requirements of this License are fulfilled for the Covered Code.\n\n4. Inability to Comply\ \ Due to Statute or Regulation.\n\nIf it is impossible for You to comply with any of the terms\ \ of this\nLicense with respect to some or all of the Covered Code due to\nstatute, judicial\ \ order, or regulation then You must: (a) comply with\nthe terms of this License to the maximum\ \ extent possible; and (b)\ndescribe the limitations and the code they affect. Such description\n\ must be included in the LEGAL file described in Section 3.4 and must\nbe included with all\ \ distributions of the Source Code. Except to the\nextent prohibited by statute or regulation,\ \ such description must be\nsufficiently detailed for a recipient of ordinary skill to be\ \ able to\nunderstand it.\n\n5. Application of this License.\n\nThis License applies to code\ \ to which the Initial Developer has\nattached the notice in Exhibit A and to related Covered\ \ Code.\n\n6. Versions of the License.\n\n6.1. New Versions.\nCUA Office Project may publish\ \ revised\nand/or new versions of the License from time to time. Each version\nwill be given\ \ a distinguishing version number.\n\n6.2. Effect of New Versions.\nOnce Covered Code has\ \ been published under a particular version of the\nLicense, You may always continue to use\ \ it under the terms of that\nversion. You may also choose to use such Covered Code under\ \ the terms\nof any subsequent version of the License published by CUA Office Project. No\ \ one\nother than CUA Office Project has the right to modify the terms applicable to\nCovered\ \ Code created under this License.\n\n6.3. Derivative Works.\nIf You create or use a modified\ \ version of this License (which you may\nonly do in order to apply it to code which is not\ \ already Covered Code\ngoverned by this License), You must (a) rename Your license so that\n\ the phrases \"CUA Office\", \"CUA\", \"CUAPL\", or any confusingly similar phrase do not appear\ \ in your\nlicense (except to note that your license differs from this License)\nand (b) otherwise\ \ make it clear that Your version of the license\ncontains terms which differ from the CUA\ \ Office Public License. (Filling in the name of the Initial\nDeveloper, Original Code or\ \ Contributor in the notice described in\nExhibit A shall not of themselves be deemed to be\ \ modifications of\nthis License.)\n\n7. DISCLAIMER OF WARRANTY.\n\nCOVERED CODE IS PROVIDED\ \ UNDER THIS LICENSE ON AN \"AS IS\" BASIS,\nWITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED\ \ OR IMPLIED, INCLUDING,\nWITHOUT LIMITATION, WARRANTIES THAT THE COVERED CODE IS FREE OF\n\ DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.\nTHE ENTIRE RISK AS\ \ TO THE QUALITY AND PERFORMANCE OF THE COVERED CODE\nIS WITH YOU. SHOULD ANY COVERED CODE\ \ PROVE DEFECTIVE IN ANY RESPECT,\nYOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)\ \ ASSUME THE\nCOST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER\nOF WARRANTY\ \ CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF\nANY COVERED CODE IS AUTHORIZED\ \ HEREUNDER EXCEPT UNDER THIS DISCLAIMER.\n\n8. TERMINATION.\n\n8.1. This License and the\ \ rights granted hereunder will terminate\nautomatically if You fail to comply with terms\ \ herein and fail to cure\nsuch breach within 30 days of becoming aware of the breach. All\n\ sublicenses to the Covered Code which are properly granted shall\nsurvive any termination\ \ of this License. Provisions which, by their\nnature, must remain in effect beyond the termination\ \ of this License\nshall survive.\n\n8.2. If You initiate litigation by asserting a patent\ \ infringement\nclaim (excluding declatory judgment actions) against Initial Developer\nor\ \ a Contributor (the Initial Developer or Contributor against whom\nYou file such action is\ \ referred to as \"Participant\") alleging that:\n\n(a) such Participant's Contributor Version\ \ directly or indirectly\ninfringes any patent, then any and all rights granted by such\n\ Participant to You under Sections 2.1 and/or 2.2 of this License\nshall, upon 60 days notice\ \ from Participant terminate prospectively,\nunless if within 60 days after receipt of notice\ \ You either: (i)\nagree in writing to pay Participant a mutually agreeable reasonable\nroyalty\ \ for Your past and future use of Modifications made by such\nParticipant, or (ii) withdraw\ \ Your litigation claim with respect to\nthe Contributor Version against such Participant.\ \ If within 60 days\nof notice, a reasonable royalty and payment arrangement are not\nmutually\ \ agreed upon in writing by the parties or the litigation claim\nis not withdrawn, the rights\ \ granted by Participant to You under\nSections 2.1 and/or 2.2 automatically terminate at\ \ the expiration of\nthe 60 day notice period specified above.\n\n(b) any software, hardware,\ \ or device, other than such Participant's\nContributor Version, directly or indirectly infringes\ \ any patent, then\nany rights granted to You by such Participant under Sections 2.1(b)\n\ and 2.2(b) are revoked effective as of the date You first made, used,\nsold, distributed,\ \ or had made, Modifications made by that\nParticipant.\n\n8.3. If You assert a patent infringement\ \ claim against Participant\nalleging that such Participant's Contributor Version directly\ \ or\nindirectly infringes any patent where such claim is resolved (such as\nby license or\ \ settlement) prior to the initiation of patent\ninfringement litigation, then the reasonable\ \ value of the licenses\ngranted by such Participant under Sections 2.1 or 2.2 shall be taken\n\ into account in determining the amount or value of any payment or\nlicense.\n\n8.4. In the\ \ event of termination under Sections 8.1 or 8.2 above,\nall end user license agreements (excluding\ \ distributors and resellers)\nwhich have been validly granted by You or any distributor hereunder\n\ prior to termination shall survive termination.\n\n9. LIMITATION OF LIABILITY.\n\nUNDER NO\ \ CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT\n(INCLUDING NEGLIGENCE), CONTRACT,\ \ OR OTHERWISE, SHALL YOU, THE INITIAL\nDEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR\ \ OF COVERED CODE,\nOR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR\n\ ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY\nCHARACTER INCLUDING, WITHOUT\ \ LIMITATION, DAMAGES FOR LOSS OF GOODWILL,\nWORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,\ \ OR ANY AND ALL OTHER\nCOMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN\n\ INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF\nLIABILITY SHALL NOT APPLY\ \ TO LIABILITY FOR DEATH OR PERSONAL INJURY\nRESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE\ \ EXTENT APPLICABLE LAW\nPROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE\n\ EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO\nTHIS EXCLUSION AND LIMITATION\ \ MAY NOT APPLY TO YOU.\n\n10. U.S. GOVERNMENT END USERS.\n\nThe Covered Code is a \"commercial\ \ item,\" as that term is defined in\n48 C.F.R. 2.101 (Oct. 1995), consisting of \"commercial\ \ computer\nsoftware\" and \"commercial computer software documentation,\" as such\nterms\ \ are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48\nC.F.R. 12.212 and 48 C.F.R.\ \ 227.7202-1 through 227.7202-4 (June 1995),\nall U.S. Government End Users acquire Covered\ \ Code with only those\nrights set forth herein.\n\n11. MISCELLANEOUS.\n\nThis License represents\ \ the complete agreement concerning subject\nmatter hereof. If any provision of this License\ \ is held to be\nunenforceable, such provision shall be reformed only to the extent\nnecessary\ \ to make it enforceable. This License shall be governed by\nCalifornia law provisions (except\ \ to the extent applicable law, if\nany, provides otherwise), excluding its conflict-of-law\ \ provisions.\nWith respect to disputes in which at least one party is a citizen of,\nor an\ \ entity chartered or registered to do business in the United\nStates of America, any litigation\ \ relating to this License shall be\nsubject to the jurisdiction of the Federal Courts of\ \ the Northern\nDistrict of California, with venue lying in Santa Clara County,\nCalifornia,\ \ with the losing party responsible for costs, including\nwithout limitation, court costs\ \ and reasonable attorneys' fees and\nexpenses. The application of the United Nations Convention\ \ on\nContracts for the International Sale of Goods is expressly excluded.\nAny law or regulation\ \ which provides that the language of a contract\nshall be construed against the drafter shall\ \ not apply to this\nLicense.\n\n12. RESPONSIBILITY FOR CLAIMS.\n\nAs between Initial Developer\ \ and the Contributors, each party is\nresponsible for claims and damages arising, directly\ \ or indirectly,\nout of its utilization of rights under this License and You agree to\nwork\ \ with Initial Developer and Contributors to distribute such\nresponsibility on an equitable\ \ basis. Nothing herein is intended or\nshall be deemed to constitute any admission of liability.\n\ \n13. MULTIPLE-LICENSED CODE.\n\nInitial Developer may designate portions of the Covered Code\ \ as\n\"Multiple-Licensed\". \"Multiple-Licensed\" means that the Initial\nDeveloper permits\ \ you to utilize portions of the Covered Code under\nYour choice of the NPL or the alternative\ \ licenses, if any, specified\nby the Initial Developer in the file described in Exhibit A.\n\ \nEXHIBIT A - CUA Office Public License.\n\n``The contents of this file are subject to the\ \ CUA Office Public License\nVersion 1.0 (the \"License\"); you may not use this file except\ \ in\ncompliance with the License. You may obtain a copy of the License at\nhttp://cuaoffice.sourceforge.net/\n\ \nSoftware distributed under the License is distributed on an \"AS IS\"\nbasis, WITHOUT WARRANTY\ \ OF ANY KIND, either express or implied. See the\nLicense for the specific language governing\ \ rights and limitations\nunder the License.\n\nThe Original Code is .\n\nThe Initial Developer\ \ of the Original Code is .\nPortions created by are Copyright (C) \n . All Rights Reserved.\n\ \nContributor(s): .\n\nAlternatively, the contents of this file may be used under the terms\n\ of the license (the \"[ ] License\"), in which case the\nprovisions of [ ] License are\ \ applicable instead of those\nabove. If you wish to allow use of your version of this file\ \ only\nunder the terms of the [ ] License and not to allow others to use\nyour version of\ \ this file under the CUAPL, indicate your decision by\ndeleting the provisions above and\ \ replace them with the notice and\nother provisions required by the [ ] License. If you\ \ do not delete\nthe provisions above, a recipient may use your version of this file\nunder\ \ either the CUAPL or the [ ] License.\"\n\n[NOTE: The text of this Exhibit A may differ\ \ slightly from the text of\nthe notices in the Source Code files of the Original Code. You\ \ should\nuse the text of this Exhibit A rather than the text found in the\nOriginal Code\ \ Source Code for Your Modifications.]"