back to list - yml - json - text - edit License
key
spl-1.0
short_name
SPL 1.0
name
Sun Public License 1.0
category
Copyleft Limited
owner
Oracle (Sun)
homepage_url
http://www.netbeans.org/about/legal/spl.html
notes
Per SPDX.org, this license is OSI certified
spdx_license_key
SPL-1.0
osi_license_key
SPL-1.0
text_urls
osi_url
http://opensource.org/licenses/sunpublic.php
faq_url
http://www.netbeans.org/kb/faqs/license.html
other_urls
ignorable_urls
license_text
1. Definitions.

    1.0.1. "Commercial Use" means distribution or otherwise making the
    Covered Code available to a third party.

    1.1. "Contributor" means each entity that creates or contributes to
    the creation of Modifications.

    1.2. "Contributor Version" means the combination of the Original Code,
    prior Modifications used by a Contributor, and the Modifications made
    by that particular Contributor.

    1.3. "Covered Code" means the Original Code or Modifications or the
    combination of the Original Code and Modifications, in each case
    including portions thereof and corresponding documentation released
    with the source code.

    1.4. "Electronic Distribution Mechanism" means a mechanism generally
    accepted in the software development community for the electronic
    transfer of data.

    1.5. "Executable" means Covered Code in any form other than Source
    Code.

    1.6. "Initial Developer" means the individual or entity identified as
    the Initial Developer in the Source Code notice required by Exhibit
    A.

    1.7. "Larger Work" means a work which combines Covered Code or
    portions thereof with code not governed by the terms of this
    License.

    1.8. "License" means this document.

    1.8.1. "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. When Covered Code is released as a series of files, 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, and which, at the time of its release under this
    License is not already Covered Code governed by this License.

    1.10.1. "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.

    1.11. "Source Code"../ means the preferred form of the Covered Code
    for
    making modifications to it, including all modules it contains, plus
    any associated documentation, interface definition files, scripts used
    to control compilation and installation of an Executable, or source
    code differential comparisons against either the Original Code or
    another well known, available Covered Code of the Contributor's
    choice. The Source Code can be in a compressed or archival form,
    provided the appropriate decompression or de-archiving software is
    widely available for no charge.

    1.12. "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. 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 Patent 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.

    2.2. Contributor Grant.

        Subject to third party intellectual property claims, each Contributor
        hereby grants You a world-wide, royalty-free, non-exclusive license

            (a) under intellectual property rights (other than patent
            or
            trademark) Licensable by Contributor, to use, reproduce, modify,
            display, perform, sublicense and distribute the Modifications created
            by such Contributor (or portions thereof) either on an unmodified
            basis, with other Modifications, as Covered Code and/or as part of a
            Larger Work; and

            b) 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).

            (c) the licenses granted in Sections 2.2(a) and 2.2(b) are effective
            on the date Contributor first makes Commercial Use of the Covered
            Code.

            (d) notwithstanding Section 2.2(b) above, no patent license is
            granted: 1) for any code that Contributor has deleted from the
            Contributor Version; 2) separate from the Contributor Version; 3) 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 4) under Patent Claims infringed by
            Covered Code in the absence of Modifications made by that
            Contributor.

    3. Distribution Obligations.

        3.1. Application of License.

        The Modifications which You create or to which You contribute are
        governed by the terms of this License, including without limitation
        Section 2.2. The Source Code version of Covered 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. However, You may include
        an additional document offering the additional rights described in
        Section 3.5.

        3.2. Availability of Source Code.

        Any Modification which You create or to which You contribute must be
        made available in Source Code form under the terms of this License
        either on the same media as an Executable version or via an accepted
        Electronic Distribution Mechanism to anyone to whom you made an
        Executable version available; and if made available via Electronic
        Distribution Mechanism, must remain available for at least twelve (12)
        months after the date it initially became available, or at least six
        (6) months after a subsequent version of that particular Modification
        has been made available to such recipients. You are responsible for
        ensuring that the Source Code version remains available even if the
        Electronic Distribution Mechanism is maintained by a third party.

        3.3. Description of Modifications.

        You must cause all Covered Code to which You contribute to contain a
        file documenting the changes You made to create that Covered Code and
        the date of any change. You must include a prominent statement that
        the Modification is derived, directly or indirectly, from Original
        Code provided by the Initial Developer and including the name of the
        Initial Developer in (a) the Source Code, and (b) in any notice in an
        Executable version or related documentation in which You describe the
        origin or ownership of the Covered Code.

        3.4. Intellectual Property Matters.

            (a) Third Party Claims.

            If Contributor has knowledge that a license under a third party's
            intellectual property rights is required to exercise the rights
            granted by such Contributor under Sections 2.1 or 2.2, Contributor
            must include a text file with the Source Code distribution titled
            "../LEGAL'' which describes the claim and the party making the claim in
            sufficient detail that a recipient will know whom to contact. If
            Contributor obtains such knowledge after the Modification is made
            available as described in Section 3.2, Contributor shall promptly
            modify the LEGAL file in all copies Contributor makes available
            thereafter and shall take other steps (such as notifying appropriate
            mailing lists or newsgroups) reasonably calculated to inform those who
            received the Covered Code that new knowledge has been obtained.

            (b) Contributor APIs.

            If Contributor's Modifications include an application programming
            interface ("API"../) and Contributor has knowledge of patent licenses
            which are reasonably necessary to implement that API, Contributor must
            also include this information in the LEGAL file.

            (c) Representations.

            Contributor represents that, except as disclosed pursuant to Section
            3.4(a) above, Contributor believes that Contributor's Modifications
            are Contributor's original creation(s) and/or Contributor has
            sufficient rights to grant the rights conveyed by this
            License

            .

        3.5. 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 Covered Code. You may choose to offer, and to
        charge a fee for, warranty, support, indemnity or liability
        obligations to one or more recipients of Covered Code. 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 than
        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.

        3.6. Distribution of Executable Versions.

        You may distribute Covered Code in Executable form only if the
        requirements of Section 3.1-3.5 have been met for that Covered Code,
        and if You include a notice stating that the Source Code version of
        the Covered Code is available under the terms of this License,
        including a description of how and where You have fulfilled the
        obligations of Section 3.2. The notice must be conspicuously included
        in any notice in an Executable version, related documentation or
        collateral in which You describe recipients' rights relating to the
        Covered Code. You may distribute the Executable version of Covered
        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 and that the license for the
        Executable version does not attempt to limit or alter the recipient's
        rights in the Source Code version from the rights set forth in this
        License. If You distribute the Executable version 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 any 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.

        3.7. Larger Works.

        You may create a Larger Work by combining Covered 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 Covered Code.

    4. 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 Covered 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 3.4 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. Application of this License.

    This License applies to code to which the Initial Developer has
    attached the notice in Exhibit A and to related Covered Code.

    6. Versions of the License.

        6.1. New Versions.

        Sun Microsystems, Inc. ("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 Covered 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 Covered 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 Covered
        Code created under this License.

        6.3. Derivative Works.

        If You create or use a modified version of this License (which you
        may
        only do in order to apply it to code which is not already Covered Code
        governed by this License), You must: (a) rename Your license so that
        the phrases "Sun," "Sun Public License," or "SPL"../ or any confusingly
        similar phrase do not appear in your license (except to note that your
        license differs from this License) and (b) otherwise make it clear
        that Your version of the license contains terms which differ from the
        Sun Public License. (Filling in the name of the Initial Developer,
        Original Code or Contributor in the notice described in Exhibit A
        shall not of themselves be deemed to be modifications of this
        License.)

    7. DISCLAIMER OF WARRANTY.

    COVERED 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 COVERED 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 COVERED CODE
    IS WITH YOU. SHOULD ANY COVERED CODE 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 CODE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    DISCLAIMER.

    8. 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 Covered 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. If You initiate litigation by asserting a patent infringement
        claim (excluding declaratory judgment actions) against Initial Developer
        or a Contributor (the Initial Developer or Contributor against whom
        You file such action is referred to as "Participant") alleging
        that:

            (a) such Participant's Contributor Version directly or indirectly
            infringes any patent, then any and all rights granted by such
            Participant to You under Sections 2.1 and/or 2.2 of this License
            shall, upon 60 days notice from Participant terminate prospectively,
            unless if within 60 days after receipt of notice You either: (i)
            agree in writing to pay Participant a mutually agreeable reasonable
            royalty for Your past and future use of Modifications made by such
            Participant, or (ii) withdraw Your litigation claim with respect to
            the Contributor Version against such Participant. If within 60 days
            of notice, a reasonable royalty and payment arrangement are not
            mutually agreed upon in writing by the parties or the litigation claim
            is not withdrawn, the rights granted by Participant to You under
            Sections 2.1 and/or 2.2 automatically terminate at the expiration of
            the 60 day notice period specified above.

            (b) any software, hardware, or device, other than such Participant's
            Contributor Version, directly or indirectly infringes any patent, then
            any rights granted to You by such Participant under Sections 2.1(b)
            and 2.2(b) are revoked effective as of the date You first made, used,
            sold, distributed, or had made, Modifications made by that
            Participant.

        8.3. If You assert a patent infringement claim against Participant
        alleging that such Participant's Contributor Version directly or
        indirectly infringes any patent where such claim is resolved (such as
        by license or settlement) prior to the initiation of patent
        infringement litigation, then the reasonable value of the licenses
        granted by such Participant under Sections 2.1 or 2.2 shall be taken
        into account in determining the amount or value of any payment or
        license.

        8.4. In the event of termination under Sections 8.1 or 8.2 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.

    9. 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 CODE,
    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 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 DAMAGES, SO
    THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

    10. U.S. GOVERNMENT END USERS.

    The Covered Code is a "commercial item," as that term is defined in
    48
    C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software"
    and "commercial computer software documentation,"../ as such terms are
    used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
    12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    U.S. Government End Users acquire Covered Code with only those rights
    set forth herein.

    11. MISCELLANEOUS.

    This License represents the complete agreement concerning subject
    matter hereof. If any provision of this License is held to be
    unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable. This License shall be governed by
    California law provisions (except to the extent applicable law, if
    any, provides otherwise), excluding its conflict-of-law provisions.
    With respect to disputes in which at least one party is a citizen of,
    or an entity chartered or registered to do business in the United
    States of America, any litigation relating to this License shall be
    subject to the jurisdiction of the Federal Courts of the Northern
    District of California, with venue lying in Santa Clara County,
    California, with the losing party responsible for costs, including
    without limitation, court costs and reasonable attorneys' fees and
    expenses. The application of the United Nations Convention on
    Contracts for the International Sale of Goods is expressly excluded.
    Any law or regulation which provides that the language of a contract
    shall be construed against the drafter shall not apply to this
    License.

    12. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is
    responsible for claims and damages arising, directly or indirectly,
    out of its utilization of rights under this License and You agree to
    work with Initial Developer and Contributors to distribute such
    responsibility on an equitable basis. Nothing herein is intended or
    shall be deemed to constitute any admission of liability.

    13. MULTIPLE-LICENSED CODE.

    Initial Developer may designate portions of the Covered Code as
    ?Multiple-Licensed?. ?Multiple-Licensed? means that the Initial
    Developer permits you to utilize portions of the Covered Code under
    Your choice of the alternative licenses, if any, specified by the
    Initial Developer in the file described in Exhibit A.

    Exhibit A -Sun Public License Notice.

        The contents of this file are subject to the Sun Public License

        Version 1.0 (the License); you may not use this file except in

        compliance with the License. A copy of the License is available at

        http://www.sun.com/

        The Original Code is  . The Initial Developer of the

        Original Code is  . Portions created by   are Copyright

        (C) . All Rights Reserved.

        Contributor(s):  .

        Alternatively, the contents of this file may be used under the terms

        of the   license (the ?[   ] License?), in which case the

        provisions of [ ] License are applicable instead of those above.

        If you wish to allow use of your version of this file only under the

        terms of the [ ] License and not to allow others to use your

        version of this file under the SPL, indicate your decision by deleting

        the provisions above and replace them with the notice and other

        provisions required by the [   ] License. If you do not delete the

        provisions above, a recipient may use your version of this file under

        either the SPL or the [   ] License.

        [NOTE: The text of this Exhibit A may differ slightly from the text of

        the notices in the Source Code files of the Original Code. You should

        use the text of this Exhibit A rather than the text found in the

        Original Code Source Code for Your Modifications.]