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0001 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 0002 0003 1. Definitions. 0004 0005 1.1. Contributor means each individual or entity that creates or 0006 contributes to the creation of Modifications. 0007 0008 1.2. Contributor Version means the combination of the Original 0009 Software, prior Modifications used by a Contributor (if any), 0010 and the Modifications made by that particular Contributor. 0011 0012 1.3. Covered Software means (a) the Original Software, or (b) 0013 Modifications, or (c) the combination of files containing 0014 Original Software with files containing Modifications, in each 0015 case including portions thereof. 0016 0017 1.4. Executable means the Covered Software in any form other 0018 than Source Code. 0019 0020 1.5. Initial Developer means the individual or entity that first 0021 makes Original Software available under this License. 0022 0023 1.6. Larger Workmeans a work which combines Covered Software or 0024 portions thereof with code not governed by the terms of this 0025 License. 0026 0027 1.7. License means this document. 0028 0029 1.8. Licensable means having the right to grant, to the maximum 0030 extent possible, whether at the time of the initial grant or 0031 subsequently acquired, any and all of the rights conveyed herein. 0032 0033 1.9. Modifications means the Source Code and Executable form of 0034 any of the following: A. Any file that results from an addition 0035 to, deletion from or modification of the contents of a file 0036 containing Original Software or previous Modifications; B. Any 0037 new file that contains any part of the Original Software or 0038 previous Modification; or C. Any new file that is contributed or 0039 otherwise made available under the terms of this License. 0040 0041 1.10. Original Software means the Source Code and Executable 0042 form of computer software code that is originally released under 0043 this License. 0044 0045 1.11. Patent Claims means any patent claim(s), now owned or 0046 hereafter acquired, including without limitation, method, 0047 process, and apparatus claims, in any patent Licensable by 0048 grantor. 0049 0050 1.12. Source Code means (a) the common form of computer software 0051 code in which modifications are made and (b) associated 0052 documentation included in or with such code. 0053 0054 1.13. You (or Your) means an individual or a legal entity 0055 exercising rights under, and complying with all of the terms of, 0056 this License. For legal entities, You includes any entity which 0057 controls, is controlled by, or is under common control with You. 0058 For purposes of this definition, control means (a) the power, 0059 direct or indirect, to cause the direction or management of such 0060 entity, whether by contract or otherwise, or (b) ownership of 0061 more than fifty percent (50%) of the outstanding shares or 0062 beneficial ownership of such entity. 0063 0064 2. License Grants. 0065 0066 2.1. The Initial Developer Grant. Conditioned upon Your 0067 compliance with Section 3.1 below and subject to third party 0068 intellectual property claims, the Initial Developer hereby 0069 grants You a world-wide, royalty-free, non-exclusive license: 0070 0071 (a) under intellectual property rights (other than patent or 0072 trademark) Licensable by Initial Developer, to use, reproduce, 0073 modify, display, perform, sublicense and distribute the Original 0074 Software (or portions thereof), with or without Modifications, 0075 and/or as part of a Larger Work; and 0076 0077 (b) under Patent Claims infringed by the making, using or 0078 selling of Original Software, to make, have made, use, practice, 0079 sell, and offer for sale, and/or otherwise dispose of the 0080 Original Software (or portions thereof); 0081 0082 (c) The licenses granted in Sections 2.1(a) and (b) are 0083 effective on the date Initial Developer first distributes or 0084 otherwise makes the Original Software available to a third party 0085 under the terms of this License; 0086 0087 (d) Notwithstanding Section 2.1(b) above, no patent license is 0088 granted: (1) for code that You delete from the Original 0089 Software, or (2) for infringements caused by: (i) the 0090 modification of the Original Software, or (ii) the combination 0091 of the Original Software with other software or devices. 0092 0093 2.2. Contributor Grant. Conditioned upon Your compliance with 0094 Section 3.1 below and subject to third party intellectual 0095 property claims, each Contributor hereby grants You a 0096 world-wide, royalty-free, non-exclusive license: 0097 0098 (a) under intellectual property rights (other than patent or 0099 trademark) Licensable by Contributor to use, reproduce, modify, 0100 display, perform, sublicense and distribute the Modifications 0101 created by such Contributor (or portions thereof), either on an 0102 unmodified basis, with other Modifications, as Covered Software 0103 and/or as part of a Larger Work; and 0104 0105 (b) under Patent Claims infringed by the making, using, or 0106 selling of Modifications made by that Contributor either alone 0107 and/or in combination with its Contributor Version (or portions 0108 of such combination), to make, use, sell, offer for sale, have 0109 made, and/or otherwise dispose of: (1) Modifications made by 0110 that Contributor (or portions thereof); and (2) the combination 0111 of Modifications made by that Contributor with its Contributor 0112 Version (or portions of such combination). 0113 0114 (c) The licenses granted in Sections 2.2(a) and 2.2(b) 0115 areeffective on the date Contributor first distributes or 0116 otherwise makes the Modifications available to a third party. 0117 0118 (d) Notwithstanding Section 2.2(b) above, no patent license is 0119 granted: (1) for any code that Contributor has deleted from the 0120 Contributor Version; (2) for infringements caused by: (i) third 0121 party modifications of Contributor Version, or (ii) the 0122 combination of Modifications made by that Contributor with other 0123 software (except as part of the Contributor Version) or other 0124 devices; or (3) under Patent Claims infringed by Covered 0125 Software in the absence of Modifications made by that 0126 Contributor. 0127 0128 3. Distribution Obligations. 0129 0130 3.1. Availability of Source Code. Any Covered Software that You 0131 distribute or otherwise make available in Executable form must 0132 also be made available in Source Code form and that Source Code 0133 form must be distributed only under the terms of this License. 0134 You must include a copy of this License with every copy of the 0135 Source Code form of the Covered Software You distribute or 0136 otherwise make available. You must inform recipients of any such 0137 Covered Software in Executable form as to how they can obtain 0138 such Covered Software in Source Code form in a reasonable manner 0139 on or through a medium customarily used for software exchange. 0140 0141 3.2. Modifications. The Modifications that You create or to 0142 which You contribute are governed by the terms of this License. 0143 You represent that You believe Your Modifications are Your 0144 original creation(s) and/or You have sufficient rights to grant 0145 the rights conveyed by this License. 0146 0147 3.3. Required Notices. You must include a notice in each of Your 0148 Modifications that identifies You as the Contributor of the 0149 Modification. You may not remove or alter any copyright, patent 0150 or trademark notices contained within the Covered Software, or 0151 any notices of licensing or any descriptive text giving 0152 attribution to any Contributor or the Initial Developer. 0153 0154 3.4. Application of Additional Terms. You may not offer or 0155 impose any terms on any Covered Software in Source Code form 0156 that alters or restricts the applicable version of this License 0157 or the recipients rights hereunder. You may choose to offer, and 0158 to charge a fee for, warranty, support, indemnity or liability 0159 obligations to one or more recipients of Covered 0160 Software. However, you may do so only on Your own behalf, and 0161 not on behalf of the Initial Developer or any Contributor. You 0162 must make it absolutely clear that any such warranty, support, 0163 indemnity or liability obligation is offered by You alone, and 0164 You hereby agree to indemnify the Initial Developer and every 0165 Contributor for any liability incurred by the Initial Developer 0166 or such Contributor as a result of warranty, support, indemnity 0167 or liability terms You offer. 0168 0169 3.5. Distribution of Executable Versions. You may distribute the 0170 Executable form of the Covered Software under the terms of this 0171 License or under the terms of a license of Your choice, which 0172 may contain terms different from this License, provided that You 0173 are in compliance with the terms of this License and that the 0174 license for the Executable form does not attempt to limit or 0175 alter the recipients rights in the Source Code form from the 0176 rights set forth in this License. If You distribute the Covered 0177 Software in Executable form under a different license, You must 0178 make it absolutely clear that any terms which differ from this 0179 License are offered by You alone, not by the Initial Developer 0180 or Contributor. You hereby agree to indemnify the Initial 0181 Developer and every Contributor for any liability incurred by 0182 the Initial Developer or such Contributor as a result of any 0183 such terms You offer. 0184 0185 3.6. Larger Works. You may create a Larger Work by combining 0186 Covered Software with other code not governed by the terms of 0187 this License and distribute the Larger Work as a single product. 0188 In such a case, You must make sure the requirements of this 0189 License are fulfilled for the Covered Software. 0190 0191 4. Versions of the License. 0192 0193 4.1. New Versions. Sun Microsystems, Inc. is the initial license 0194 steward and may publish revised and/or new versions of this 0195 License from time to time. Each version will be given a 0196 distinguishing version number. Except as provided in Section 0197 4.3, no one other than the license steward has the right to 0198 modify this License. 0199 0200 4.2. Effect of New Versions. You may always continue to use, 0201 distribute or otherwise make the Covered Software available 0202 under the terms of the version of the License under which You 0203 originally received the Covered Software. If the Initial 0204 Developer includes a notice in the Original Software prohibiting 0205 it from being distributed or otherwise made available under any 0206 subsequent version of the License, You must distribute and make 0207 the Covered Software available under the terms of the version of 0208 the License under which You originally received the Covered 0209 Software. Otherwise, You may also choose to use, distribute or 0210 otherwise make the Covered Software available under the terms of 0211 any subsequent version of the License published by the license 0212 steward. 0213 0214 4.3. Modified Versions. When You are an Initial Developer and 0215 You want to create a new license for Your Original Software, You 0216 may create and use a modified version of this License if You: 0217 (a) rename the license and remove any references to the name of 0218 the license steward (except to note that the license differs 0219 from this License); and (b) otherwise make it clear that the 0220 license contains terms which differ from this License. 0221 0222 5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER 0223 THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, 0224 EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 0225 WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, 0226 MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 0227 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED 0228 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE 0229 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY 0230 OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, 0231 REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 0232 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE 0233 IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 0234 0235 6. TERMINATION. 0236 0237 6.1. This License and the rights granted hereunder will 0238 terminate automatically if You fail to comply with terms herein 0239 and fail to cure such breach within 30 days of becoming aware of 0240 the breach. Provisions which, by their nature, must remain in 0241 effect beyond the termination of this License shall survive. 0242 0243 6.2. If You assert a patent infringement claim (excluding 0244 declaratory judgment actions) against Initial Developer or a 0245 Contributor (the Initial Developer or Contributor against whom 0246 You assert such claim is referred to as Participant) alleging 0247 that the Participant Software (meaning the Contributor Version 0248 where the Participant is a Contributor or the Original Software 0249 where the Participant is the Initial Developer) directly or 0250 indirectly infringes any patent, then any and all rights granted 0251 directly or indirectly to You by such Participant, the Initial 0252 Developer (if the Initial Developer is not the Participant) and 0253 all Contributors under Sections 2.1 and/or 2.2 of this License 0254 shall, upon 60 days notice from Participant terminate 0255 prospectively and automatically at the expiration of such 60 day 0256 notice period, unless if within such 60 day period You withdraw 0257 Your claim with respect to the Participant Software against such 0258 Participant either unilaterally or pursuant to a written 0259 agreement with Participant. 0260 0261 6.3. In the event of termination under Sections 6.1 or 6.2 0262 above, all end user licenses that have been validly granted by 0263 You or any distributor hereunder prior to termination (excluding 0264 licenses granted to You by any distributor) shall survive 0265 termination. 0266 0267 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO 0268 LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 0269 OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER 0270 CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY 0271 SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY 0272 INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 0273 CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST 0274 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 0275 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, 0276 EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY 0277 OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 0278 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH 0279 PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH 0280 LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 0281 LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 0282 EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 0283 0284 8. U.S. GOVERNMENT END USERS. The Covered Software is a 0285 commercial item, as that term is defined in 48 C.F.R. 2.101 0286 (Oct. 1995), consisting of commercial computer software (as that 0287 term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial 0288 computer software documentation as such terms are used in 48 0289 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 0290 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 0291 U.S. Government End Users acquire Covered Software with only 0292 those rights set forth herein. This U.S. Government Rights 0293 clause is in lieu of, and supersedes, any other FAR, DFAR, or 0294 other clause or provision that addresses Government rights in 0295 computer software under this License. 0296 0297 9. MISCELLANEOUS. This License represents the complete agreement 0298 concerning subject matter hereof. If any provision of this 0299 License is held to be unenforceable, such provision shall be 0300 reformed only to the extent necessary to make it enforceable. 0301 This License shall be governed by the law of the jurisdiction 0302 specified in a notice contained within the Original Software 0303 (except to the extent applicable law, if any, provides 0304 otherwise), excluding such jurisdictions conflict-of-law 0305 provisions. Any litigation relating to this License shall be 0306 subject to the jurisdiction of the courts located in the 0307 jurisdiction and venue specified in a notice contained within 0308 the Original Software, with the losing party responsible for 0309 costs, including, without limitation, court costs and reasonable 0310 attorneys fees and expenses. The application of the United 0311 Nations Convention on Contracts for the International Sale of 0312 Goods is expressly excluded. Any law or regulation which 0313 provides that the language of a contract shall be construed 0314 against the drafter shall not apply to this License. You agree 0315 that You alone are responsible for compliance with the United 0316 States export administration regulations (and the export control 0317 laws and regulation of any other countries) when You use, 0318 distribute or otherwise make available any Covered Software. 0319 0320 10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and 0321 the Contributors, each party is responsible for claims and 0322 damages arising, directly or indirectly, out of its utilization 0323 of rights under this License and You agree to work with Initial 0324 Developer and Contributors to distribute such responsibility on 0325 an equitable basis. Nothing herein is intended or shall be 0326 deemed to constitute any admission of liability. 0327 0328 ---------------------------------------------------------------- 0329 0330 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 0331 DISTRIBUTION LICENSE (CDDL): This code is released under the 0332 CDDL and shall be governed by the laws of the State of 0333 California (excluding conflict-of-law provisions). Any 0334 litigation relating to this License shall be subject to the 0335 jurisdiction of the Federal Courts of the Northern District of 0336 California and the state courts of the State of California, with 0337 venue lying in Santa Clara County, California. 0338 0339 ---------------------------------------------------------------- 0340