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1.4 +COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1.5 +
1.6 +1. Definitions.
1.7 +
1.8 +1.1. Contributor means each individual or entity that creates or
1.9 +contributes to the creation of Modifications.
1.10 +
1.11 +1.2. Contributor Version means the combination of the Original
1.12 +Software, prior Modifications used by a Contributor (if any),
1.13 +and the Modifications made by that particular Contributor.
1.14 +
1.15 +1.3. Covered Software means (a) the Original Software, or (b)
1.16 +Modifications, or (c) the combination of files containing
1.17 +Original Software with files containing Modifications, in each
1.18 +case including portions thereof.
1.19 +
1.20 +1.4. Executable means the Covered Software in any form other
1.21 +than Source Code.
1.22 +
1.23 +1.5. Initial Developer means the individual or entity that first
1.24 +makes Original Software available under this License.
1.25 +
1.26 +1.6. Larger Workmeans a work which combines Covered Software or
1.27 +portions thereof with code not governed by the terms of this
1.28 +License.
1.29 +
1.30 +1.7. License means this document.
1.31 +
1.32 +1.8. Licensable means having the right to grant, to the maximum
1.33 +extent possible, whether at the time of the initial grant or
1.34 +subsequently acquired, any and all of the rights conveyed herein.
1.35 +
1.36 +1.9. Modifications means the Source Code and Executable form of
1.37 +any of the following: A. Any file that results from an addition
1.38 +to, deletion from or modification of the contents of a file
1.39 +containing Original Software or previous Modifications; B. Any
1.40 +new file that contains any part of the Original Software or
1.41 +previous Modification; or C. Any new file that is contributed or
1.42 +otherwise made available under the terms of this License.
1.43 +
1.44 +1.10. Original Software means the Source Code and Executable
1.45 +form of computer software code that is originally released under
1.46 +this License.
1.47 +
1.48 +1.11. Patent Claims means any patent claim(s), now owned or
1.49 +hereafter acquired, including without limitation, method,
1.50 +process, and apparatus claims, in any patent Licensable by
1.51 +grantor.
1.52 +
1.53 +1.12. Source Code means (a) the common form of computer software
1.54 +code in which modifications are made and (b) associated
1.55 +documentation included in or with such code.
1.56 +
1.57 +1.13. You (or Your) means an individual or a legal entity
1.58 +exercising rights under, and complying with all of the terms of,
1.59 +this License. For legal entities, You includes any entity which
1.60 +controls, is controlled by, or is under common control with You.
1.61 +For purposes of this definition, control means (a) the power,
1.62 +direct or indirect, to cause the direction or management of such
1.63 +entity, whether by contract or otherwise, or (b) ownership of
1.64 +more than fifty percent (50%) of the outstanding shares or
1.65 +beneficial ownership of such entity.
1.66 +
1.67 +2. License Grants.
1.68 +
1.69 +2.1. The Initial Developer Grant. Conditioned upon Your
1.70 +compliance with Section 3.1 below and subject to third party
1.71 +intellectual property claims, the Initial Developer hereby
1.72 +grants You a world-wide, royalty-free, non-exclusive license:
1.73 +
1.74 +(a) under intellectual property rights (other than patent or
1.75 +trademark) Licensable by Initial Developer, to use, reproduce,
1.76 +modify, display, perform, sublicense and distribute the Original
1.77 +Software (or portions thereof), with or without Modifications,
1.78 +and/or as part of a Larger Work; and
1.79 +
1.80 +(b) under Patent Claims infringed by the making, using or
1.81 +selling of Original Software, to make, have made, use, practice,
1.82 +sell, and offer for sale, and/or otherwise dispose of the
1.83 +Original Software (or portions thereof);
1.84 +
1.85 +(c) The licenses granted in Sections 2.1(a) and (b) are
1.86 +effective on the date Initial Developer first distributes or
1.87 +otherwise makes the Original Software available to a third party
1.88 +under the terms of this License;
1.89 +
1.90 +(d) Notwithstanding Section 2.1(b) above, no patent license is
1.91 +granted: (1) for code that You delete from the Original
1.92 +Software, or (2) for infringements caused by: (i) the
1.93 +modification of the Original Software, or (ii) the combination
1.94 +of the Original Software with other software or devices.
1.95 +
1.96 +2.2. Contributor Grant. Conditioned upon Your compliance with
1.97 +Section 3.1 below and subject to third party intellectual
1.98 +property claims, each Contributor hereby grants You a
1.99 +world-wide, royalty-free, non-exclusive license:
1.100 +
1.101 +(a) under intellectual property rights (other than patent or
1.102 +trademark) Licensable by Contributor to use, reproduce, modify,
1.103 +display, perform, sublicense and distribute the Modifications
1.104 +created by such Contributor (or portions thereof), either on an
1.105 +unmodified basis, with other Modifications, as Covered Software
1.106 +and/or as part of a Larger Work; and
1.107 +
1.108 +(b) under Patent Claims infringed by the making, using, or
1.109 +selling of Modifications made by that Contributor either alone
1.110 +and/or in combination with its Contributor Version (or portions
1.111 +of such combination), to make, use, sell, offer for sale, have
1.112 +made, and/or otherwise dispose of: (1) Modifications made by
1.113 +that Contributor (or portions thereof); and (2) the combination
1.114 +of Modifications made by that Contributor with its Contributor
1.115 +Version (or portions of such combination).
1.116 +
1.117 +(c) The licenses granted in Sections 2.2(a) and 2.2(b)
1.118 +areeffective on the date Contributor first distributes or
1.119 +otherwise makes the Modifications available to a third party.
1.120 +
1.121 +(d) Notwithstanding Section 2.2(b) above, no patent license is
1.122 +granted: (1) for any code that Contributor has deleted from the
1.123 +Contributor Version; (2) for infringements caused by: (i) third
1.124 +party modifications of Contributor Version, or (ii) the
1.125 +combination of Modifications made by that Contributor with other
1.126 +software (except as part of the Contributor Version) or other
1.127 +devices; or (3) under Patent Claims infringed by Covered
1.128 +Software in the absence of Modifications made by that
1.129 +Contributor.
1.130 +
1.131 +3. Distribution Obligations.
1.132 +
1.133 +3.1. Availability of Source Code. Any Covered Software that You
1.134 +distribute or otherwise make available in Executable form must
1.135 +also be made available in Source Code form and that Source Code
1.136 +form must be distributed only under the terms of this License.
1.137 +You must include a copy of this License with every copy of the
1.138 +Source Code form of the Covered Software You distribute or
1.139 +otherwise make available. You must inform recipients of any such
1.140 +Covered Software in Executable form as to how they can obtain
1.141 +such Covered Software in Source Code form in a reasonable manner
1.142 +on or through a medium customarily used for software exchange.
1.143 +
1.144 +3.2. Modifications. The Modifications that You create or to
1.145 +which You contribute are governed by the terms of this License.
1.146 +You represent that You believe Your Modifications are Your
1.147 +original creation(s) and/or You have sufficient rights to grant
1.148 +the rights conveyed by this License.
1.149 +
1.150 +3.3. Required Notices. You must include a notice in each of Your
1.151 +Modifications that identifies You as the Contributor of the
1.152 +Modification. You may not remove or alter any copyright, patent
1.153 +or trademark notices contained within the Covered Software, or
1.154 +any notices of licensing or any descriptive text giving
1.155 +attribution to any Contributor or the Initial Developer.
1.156 +
1.157 +3.4. Application of Additional Terms. You may not offer or
1.158 +impose any terms on any Covered Software in Source Code form
1.159 +that alters or restricts the applicable version of this License
1.160 +or the recipients rights hereunder. You may choose to offer, and
1.161 +to charge a fee for, warranty, support, indemnity or liability
1.162 +obligations to one or more recipients of Covered
1.163 +Software. However, you may do so only on Your own behalf, and
1.164 +not on behalf of the Initial Developer or any Contributor. You
1.165 +must make it absolutely clear that any such warranty, support,
1.166 +indemnity or liability obligation is offered by You alone, and
1.167 +You hereby agree to indemnify the Initial Developer and every
1.168 +Contributor for any liability incurred by the Initial Developer
1.169 +or such Contributor as a result of warranty, support, indemnity
1.170 +or liability terms You offer.
1.171 +
1.172 +3.5. Distribution of Executable Versions. You may distribute the
1.173 +Executable form of the Covered Software under the terms of this
1.174 +License or under the terms of a license of Your choice, which
1.175 +may contain terms different from this License, provided that You
1.176 +are in compliance with the terms of this License and that the
1.177 +license for the Executable form does not attempt to limit or
1.178 +alter the recipients rights in the Source Code form from the
1.179 +rights set forth in this License. If You distribute the Covered
1.180 +Software in Executable form under a different license, You must
1.181 +make it absolutely clear that any terms which differ from this
1.182 +License are offered by You alone, not by the Initial Developer
1.183 +or Contributor. You hereby agree to indemnify the Initial
1.184 +Developer and every Contributor for any liability incurred by
1.185 +the Initial Developer or such Contributor as a result of any
1.186 +such terms You offer.
1.187 +
1.188 +3.6. Larger Works. You may create a Larger Work by combining
1.189 +Covered Software with other code not governed by the terms of
1.190 +this License and distribute the Larger Work as a single product.
1.191 +In such a case, You must make sure the requirements of this
1.192 +License are fulfilled for the Covered Software.
1.193 +
1.194 +4. Versions of the License.
1.195 +
1.196 +4.1. New Versions. Sun Microsystems, Inc. is the initial license
1.197 +steward and may publish revised and/or new versions of this
1.198 +License from time to time. Each version will be given a
1.199 +distinguishing version number. Except as provided in Section
1.200 +4.3, no one other than the license steward has the right to
1.201 +modify this License.
1.202 +
1.203 +4.2. Effect of New Versions. You may always continue to use,
1.204 +distribute or otherwise make the Covered Software available
1.205 +under the terms of the version of the License under which You
1.206 +originally received the Covered Software. If the Initial
1.207 +Developer includes a notice in the Original Software prohibiting
1.208 +it from being distributed or otherwise made available under any
1.209 +subsequent version of the License, You must distribute and make
1.210 +the Covered Software available under the terms of the version of
1.211 +the License under which You originally received the Covered
1.212 +Software. Otherwise, You may also choose to use, distribute or
1.213 +otherwise make the Covered Software available under the terms of
1.214 +any subsequent version of the License published by the license
1.215 +steward.
1.216 +
1.217 +4.3. Modified Versions. When You are an Initial Developer and
1.218 +You want to create a new license for Your Original Software, You
1.219 +may create and use a modified version of this License if You:
1.220 +(a) rename the license and remove any references to the name of
1.221 +the license steward (except to note that the license differs
1.222 +from this License); and (b) otherwise make it clear that the
1.223 +license contains terms which differ from this License.
1.224 +
1.225 +5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER
1.226 +THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND,
1.227 +EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
1.228 +WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
1.229 +MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
1.230 +THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
1.231 +SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
1.232 +DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
1.233 +OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
1.234 +REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
1.235 +ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE
1.236 +IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
1.237 +
1.238 +6. TERMINATION.
1.239 +
1.240 +6.1. This License and the rights granted hereunder will
1.241 +terminate automatically if You fail to comply with terms herein
1.242 +and fail to cure such breach within 30 days of becoming aware of
1.243 +the breach. Provisions which, by their nature, must remain in
1.244 +effect beyond the termination of this License shall survive.
1.245 +
1.246 +6.2. If You assert a patent infringement claim (excluding
1.247 +declaratory judgment actions) against Initial Developer or a
1.248 +Contributor (the Initial Developer or Contributor against whom
1.249 +You assert such claim is referred to as Participant) alleging
1.250 +that the Participant Software (meaning the Contributor Version
1.251 +where the Participant is a Contributor or the Original Software
1.252 +where the Participant is the Initial Developer) directly or
1.253 +indirectly infringes any patent, then any and all rights granted
1.254 +directly or indirectly to You by such Participant, the Initial
1.255 +Developer (if the Initial Developer is not the Participant) and
1.256 +all Contributors under Sections 2.1 and/or 2.2 of this License
1.257 +shall, upon 60 days notice from Participant terminate
1.258 +prospectively and automatically at the expiration of such 60 day
1.259 +notice period, unless if within such 60 day period You withdraw
1.260 +Your claim with respect to the Participant Software against such
1.261 +Participant either unilaterally or pursuant to a written
1.262 +agreement with Participant.
1.263 +
1.264 +6.3. In the event of termination under Sections 6.1 or 6.2
1.265 +above, all end user licenses that have been validly granted by
1.266 +You or any distributor hereunder prior to termination (excluding
1.267 +licenses granted to You by any distributor) shall survive
1.268 +termination.
1.269 +
1.270 +7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO
1.271 +LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR
1.272 +OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
1.273 +CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
1.274 +SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
1.275 +INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
1.276 +CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
1.277 +PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
1.278 +MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
1.279 +EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
1.280 +OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
1.281 +LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
1.282 +PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
1.283 +LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
1.284 +LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
1.285 +EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
1.286 +
1.287 +8. U.S. GOVERNMENT END USERS. The Covered Software is a
1.288 +commercial item, as that term is defined in 48 C.F.R. 2.101
1.289 +(Oct. 1995), consisting of commercial computer software (as that
1.290 +term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial
1.291 +computer software documentation as such terms are used in 48
1.292 +C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
1.293 +48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
1.294 +U.S. Government End Users acquire Covered Software with only
1.295 +those rights set forth herein. This U.S. Government Rights
1.296 +clause is in lieu of, and supersedes, any other FAR, DFAR, or
1.297 +other clause or provision that addresses Government rights in
1.298 +computer software under this License.
1.299 +
1.300 +9. MISCELLANEOUS. This License represents the complete agreement
1.301 +concerning subject matter hereof. If any provision of this
1.302 +License is held to be unenforceable, such provision shall be
1.303 +reformed only to the extent necessary to make it enforceable.
1.304 +This License shall be governed by the law of the jurisdiction
1.305 +specified in a notice contained within the Original Software
1.306 +(except to the extent applicable law, if any, provides
1.307 +otherwise), excluding such jurisdictions conflict-of-law
1.308 +provisions. Any litigation relating to this License shall be
1.309 +subject to the jurisdiction of the courts located in the
1.310 +jurisdiction and venue specified in a notice contained within
1.311 +the Original Software, with the losing party responsible for
1.312 +costs, including, without limitation, court costs and reasonable
1.313 +attorneys fees and expenses. The application of the United
1.314 +Nations Convention on Contracts for the International Sale of
1.315 +Goods is expressly excluded. Any law or regulation which
1.316 +provides that the language of a contract shall be construed
1.317 +against the drafter shall not apply to this License. You agree
1.318 +that You alone are responsible for compliance with the United
1.319 +States export administration regulations (and the export control
1.320 +laws and regulation of any other countries) when You use,
1.321 +distribute or otherwise make available any Covered Software.
1.322 +
1.323 +10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and
1.324 +the Contributors, each party is responsible for claims and
1.325 +damages arising, directly or indirectly, out of its utilization
1.326 +of rights under this License and You agree to work with Initial
1.327 +Developer and Contributors to distribute such responsibility on
1.328 +an equitable basis. Nothing herein is intended or shall be
1.329 +deemed to constitute any admission of liability.
1.330 +
1.331 +----------------------------------------------------------------
1.332 +
1.333 +NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
1.334 +DISTRIBUTION LICENSE (CDDL): This code is released under the
1.335 +CDDL and shall be governed by the laws of the State of
1.336 +California (excluding conflict-of-law provisions). Any
1.337 +litigation relating to this License shall be subject to the
1.338 +jurisdiction of the Federal Courts of the Northern District of
1.339 +California and the state courts of the State of California, with
1.340 +venue lying in Santa Clara County, California.
1.341 +
1.342 +----------------------------------------------------------------
1.343 +