| SUN INDUSTRY STANDARDS SOURCE LICENSE |
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| Version 1.2 |
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1.0 DEFINITIONS |
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| 1.1 Commercial Use means distribution or otherwise making the Original Code |
| available to a third party. |
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| 1.2 Contributor Version means the combination of the Original Code, and the |
| Modifications made by that particular Contributor. |
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| 1.3 Electronic Distribution Mechanism means a mechanism generally accepted in |
| the software development community for the electronic transfer of data. |
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| 1.4 Executable means Original Code in any form other than Source Code. |
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| 1.5 Initial Developer means the individual or entity identified as the Initial |
| Developer in the Source Code notice required by Exhibit A. |
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| 1.6 Larger Work means a work which combines Original Code or portions thereof |
| with code not governed by the terms of this License. |
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| 1.7 License means this document. |
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| 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. |
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| 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: |
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| A. Any addition to or deletion from the contents of a file containing Original |
| Code or previous Modifications. |
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| B. Any new file that contains any part of the Original Code or previous |
| Modifications. |
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| 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. |
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| 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. |
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| 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. |
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| 1.13 Standards means the standards identified in Exhibit B. |
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| 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. |
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| 2.0 SOURCE CODE LICENSE |
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| 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: |
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| (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 |
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| (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). |
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| (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. |
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| (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. |
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| 3.0 DISTRIBUTION OBLIGATIONS |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 4.0 INABILITY TO COMPLY DUE TO STATUTE OR REGULATION |
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| 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. |
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| 5.0 APPLICATION OF THIS LICENSE |
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| 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. |
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| 6.0 VERSIONS OF THE LICENSE |
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| 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. |
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| 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. |
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| 7.0 DISCLAIMER OF WARRANTY |
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| 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. |
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| 8.0 TERMINATION |
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| 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. |
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| EXHIBIT A - Sun Industry Standards Source License |
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| "The contents of this file are subject to the Sun Industry Standards Source |
| License Version 1.2 (the License); You |
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| may not use this file except in compliance with the License." |
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| "You may obtain a copy of the License at |
| gridengine.sunsource.net/license.html" |
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| "Software distributed under the License is distributed on an AS IS basis, |
| WITHOUT WARRANTY OF ANY KIND, either express or |
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| implied. See the License for the specific language governing rights and |
| limitations under the License." |
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| "The Original Code is Grid Engine." |
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| "The Initial Developer of the Original Code is: |
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| Sun Microsystems, Inc." |
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| "Portions created by: Sun Microsystems, Inc. are Copyright (C) 2001 Sun |
| Microsystems, Inc." |
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| "All Rights Reserved." |
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| "Contributor(s):__________________________________" |
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| EXHIBIT B - Standards |
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| 1.0 Requirements for project Standards. The requirements for project Standards |
| are version-dependent and are defined at: Grid Engine standards. |
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| 2.0 Additional requirements. The additional requirements pursuant to Section |
| 3.1 are defined as: |
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| 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. |
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| 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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