SUN INDUSTRY STANDARDS SOURCE LICENSE
Commercial Use means distribution or otherwise
making the Original Code available
a third party.
Contributor Version means the combination of the
Original Code, and the
made by that particular Contributor.
Electronic Distribution Mechanism means a
mechanism generally accepted in the
development community for the electronic transfer of data.
Executable means Original Code in any form other
than Source Code.
Initial Developer means the individual or entity
identified as the Initial Developer in
Source Code notice required by Exhibit A.
Larger Work means a work which combines Original
Code or portions thereof with code not governed by the terms of this License.
License means this document.
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.
Modifications means any addition to or deletion
from the substance or structure of either
the Original Code or any previous Modifications. A Modification is:
Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications.
Any new file that contains any part of the Original Code or previous
Original Code means Source Code of computer
software code which is described in the
Source Code notice required by Exhibit A as Original Code.
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.
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.
Standards means the standards identified in
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
The Initial Developer Grant
Initial Developer hereby grants You a world-wide, royalty-free,
non-exclusive license, subject
third party intellectual property claims:
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
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
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.
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
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.
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
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.
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
Sun may publish revised and/or new versions of the License from time to
time. Each version will be given a distinguishing version number.
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
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
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.
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
"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."
EXHIBIT B - Standards
1.0 Requirements for project Standards. The requirements
for project Standards are version-dependent and
are defined at: Grid Engine standards.
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.