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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