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1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0\r
2 \r
3 \r
4 1. Definitions.\r
5 \r
6 1.1. "Contributor" means each individual or entity that\r
7 creates or contributes to the creation of Modifications.\r
8 \r
9 1.2. "Contributor Version" means the combination of the\r
10 Original Software, prior Modifications used by a\r
11 Contributor (if any), and the Modifications made by that\r
12 particular Contributor.\r
13 \r
14 1.3. "Covered Software" means (a) the Original Software, or\r
15 (b) Modifications, or (c) the combination of files\r
16 containing Original Software with files containing\r
17 Modifications, in each case including portions thereof.\r
18 \r
19 1.4. "Executable" means the Covered Software in any form\r
20 other than Source Code. \r
21 \r
22 1.5. "Initial Developer" means the individual or entity\r
23 that first makes Original Software available under this\r
24 License. \r
25 \r
26 1.6. "Larger Work" means a work which combines Covered\r
27 Software or portions thereof with code not governed by the\r
28 terms of this License.\r
29 \r
30 1.7. "License" means this document.\r
31 \r
32 1.8. "Licensable" means having the right to grant, to the\r
33 maximum extent possible, whether at the time of the initial\r
34 grant or subsequently acquired, any and all of the rights\r
35 conveyed herein.\r
36 \r
37 1.9. "Modifications" means the Source Code and Executable\r
38 form of any of the following: \r
39 \r
40 A. Any file that results from an addition to,\r
41 deletion from or modification of the contents of a\r
42 file containing Original Software or previous\r
43 Modifications; \r
44 \r
45 B. Any new file that contains any part of the\r
46 Original Software or previous Modification; or \r
47 \r
48 C. Any new file that is contributed or otherwise made\r
49 available under the terms of this License.\r
50 \r
51 1.10. "Original Software" means the Source Code and\r
52 Executable form of computer software code that is\r
53 originally released under this License. \r
54 \r
55 1.11. "Patent Claims" means any patent claim(s), now owned\r
56 or hereafter acquired, including without limitation,\r
57 method, process, and apparatus claims, in any patent\r
58 Licensable by grantor. \r
59 \r
60 1.12. "Source Code" means (a) the common form of computer\r
61 software code in which modifications are made and (b)\r
62 associated documentation included in or with such code.\r
63 \r
64 1.13. "You" (or "Your") means an individual or a legal\r
65 entity exercising rights under, and complying with all of\r
66 the terms of, this License. For legal entities, "You"\r
67 includes any entity which controls, is controlled by, or is\r
68 under common control with You. For purposes of this\r
69 definition, "control" means (a) the power, direct or\r
70 indirect, to cause the direction or management of such\r
71 entity, whether by contract or otherwise, or (b) ownership\r
72 of more than fifty percent (50%) of the outstanding shares\r
73 or beneficial ownership of such entity.\r
74 \r
75 2. License Grants. \r
76 \r
77 2.1. The Initial Developer Grant.\r
78 \r
79 Conditioned upon Your compliance with Section 3.1 below and\r
80 subject to third party intellectual property claims, the\r
81 Initial Developer hereby grants You a world-wide,\r
82 royalty-free, non-exclusive license: \r
83 \r
84 (a) under intellectual property rights (other than\r
85 patent or trademark) Licensable by Initial Developer,\r
86 to use, reproduce, modify, display, perform,\r
87 sublicense and distribute the Original Software (or\r
88 portions thereof), with or without Modifications,\r
89 and/or as part of a Larger Work; and \r
90 \r
91 (b) under Patent Claims infringed by the making,\r
92 using or selling of Original Software, to make, have\r
93 made, use, practice, sell, and offer for sale, and/or\r
94 otherwise dispose of the Original Software (or\r
95 portions thereof). \r
96 \r
97 (c) The licenses granted in Sections 2.1(a) and (b)\r
98 are effective on the date Initial Developer first\r
99 distributes or otherwise makes the Original Software\r
100 available to a third party under the terms of this\r
101 License. \r
102 \r
103 (d) Notwithstanding Section 2.1(b) above, no patent\r
104 license is granted: (1) for code that You delete from\r
105 the Original Software, or (2) for infringements\r
106 caused by: (i) the modification of the Original\r
107 Software, or (ii) the combination of the Original\r
108 Software with other software or devices. \r
109 \r
110 2.2. Contributor Grant.\r
111 \r
112 Conditioned upon Your compliance with Section 3.1 below and\r
113 subject to third party intellectual property claims, each\r
114 Contributor hereby grants You a world-wide, royalty-free,\r
115 non-exclusive license:\r
116 \r
117 (a) under intellectual property rights (other than\r
118 patent or trademark) Licensable by Contributor to\r
119 use, reproduce, modify, display, perform, sublicense\r
120 and distribute the Modifications created by such\r
121 Contributor (or portions thereof), either on an\r
122 unmodified basis, with other Modifications, as\r
123 Covered Software and/or as part of a Larger Work; and\r
124 \r
125 \r
126 (b) under Patent Claims infringed by the making,\r
127 using, or selling of Modifications made by that\r
128 Contributor either alone and/or in combination with\r
129 its Contributor Version (or portions of such\r
130 combination), to make, use, sell, offer for sale,\r
131 have made, and/or otherwise dispose of: (1)\r
132 Modifications made by that Contributor (or portions\r
133 thereof); and (2) the combination of Modifications\r
134 made by that Contributor with its Contributor Version\r
135 (or portions of such combination). \r
136 \r
137 (c) The licenses granted in Sections 2.2(a) and\r
138 2.2(b) are effective on the date Contributor first\r
139 distributes or otherwise makes the Modifications\r
140 available to a third party. \r
141 \r
142 (d) Notwithstanding Section 2.2(b) above, no patent\r
143 license is granted: (1) for any code that Contributor\r
144 has deleted from the Contributor Version; (2) for\r
145 infringements caused by: (i) third party\r
146 modifications of Contributor Version, or (ii) the\r
147 combination of Modifications made by that Contributor\r
148 with other software (except as part of the\r
149 Contributor Version) or other devices; or (3) under\r
150 Patent Claims infringed by Covered Software in the\r
151 absence of Modifications made by that Contributor. \r
152 \r
153 3. Distribution Obligations.\r
154 \r
155 3.1. Availability of Source Code.\r
156 \r
157 Any Covered Software that You distribute or otherwise make\r
158 available in Executable form must also be made available in\r
159 Source Code form and that Source Code form must be\r
160 distributed only under the terms of this License. You must\r
161 include a copy of this License with every copy of the\r
162 Source Code form of the Covered Software You distribute or\r
163 otherwise make available. You must inform recipients of any\r
164 such Covered Software in Executable form as to how they can\r
165 obtain such Covered Software in Source Code form in a\r
166 reasonable manner on or through a medium customarily used\r
167 for software exchange.\r
168 \r
169 3.2. Modifications.\r
170 \r
171 The Modifications that You create or to which You\r
172 contribute are governed by the terms of this License. You\r
173 represent that You believe Your Modifications are Your\r
174 original creation(s) and/or You have sufficient rights to\r
175 grant the rights conveyed by this License.\r
176 \r
177 3.3. Required Notices.\r
178 \r
179 You must include a notice in each of Your Modifications\r
180 that identifies You as the Contributor of the Modification.\r
181 You may not remove or alter any copyright, patent or\r
182 trademark notices contained within the Covered Software, or\r
183 any notices of licensing or any descriptive text giving\r
184 attribution to any Contributor or the Initial Developer.\r
185 \r
186 3.4. Application of Additional Terms.\r
187 \r
188 You may not offer or impose any terms on any Covered\r
189 Software in Source Code form that alters or restricts the\r
190 applicable version of this License or the recipientsÕ\r
191 rights hereunder. You may choose to offer, and to charge a\r
192 fee for, warranty, support, indemnity or liability\r
193 obligations to one or more recipients of Covered Software.\r
194 However, you may do so only on Your own behalf, and not on\r
195 behalf of the Initial Developer or any Contributor. You\r
196 must make it absolutely clear that any such warranty,\r
197 support, indemnity or liability obligation is offered by\r
198 You alone, and You hereby agree to indemnify the Initial\r
199 Developer and every Contributor for any liability incurred\r
200 by the Initial Developer or such Contributor as a result of\r
201 warranty, support, indemnity or liability terms You offer.\r
202 \r
203 \r
204 3.5. Distribution of Executable Versions.\r
205 \r
206 You may distribute the Executable form of the Covered\r
207 Software under the terms of this License or under the terms\r
208 of a license of Your choice, which may contain terms\r
209 different from this License, provided that You are in\r
210 compliance with the terms of this License and that the\r
211 license for the Executable form does not attempt to limit\r
212 or alter the recipientÕs rights in the Source Code form\r
213 from the rights set forth in this License. If You\r
214 distribute the Covered Software in Executable form under a\r
215 different license, You must make it absolutely clear that\r
216 any terms which differ from this License are offered by You\r
217 alone, not by the Initial Developer or Contributor. You\r
218 hereby agree to indemnify the Initial Developer and every\r
219 Contributor for any liability incurred by the Initial\r
220 Developer or such Contributor as a result of any such terms\r
221 You offer.\r
222 \r
223 3.6. Larger Works.\r
224 \r
225 You may create a Larger Work by combining Covered Software\r
226 with other code not governed by the terms of this License\r
227 and distribute the Larger Work as a single product. In such\r
228 a case, You must make sure the requirements of this License\r
229 are fulfilled for the Covered Software. \r
230 \r
231 4. Versions of the License. \r
232 \r
233 4.1. New Versions.\r
234 \r
235 Sun Microsystems, Inc. is the initial license steward and\r
236 may publish revised and/or new versions of this License\r
237 from time to time. Each version will be given a\r
238 distinguishing version number. Except as provided in\r
239 Section 4.3, no one other than the license steward has the\r
240 right to modify this License. \r
241 \r
242 4.2. Effect of New Versions.\r
243 \r
244 You may always continue to use, distribute or otherwise\r
245 make the Covered Software available under the terms of the\r
246 version of the License under which You originally received\r
247 the Covered Software. If the Initial Developer includes a\r
248 notice in the Original Software prohibiting it from being\r
249 distributed or otherwise made available under any\r
250 subsequent version of the License, You must distribute and\r
251 make the Covered Software available under the terms of the\r
252 version of the License under which You originally received\r
253 the Covered Software. Otherwise, You may also choose to\r
254 use, distribute or otherwise make the Covered Software\r
255 available under the terms of any subsequent version of the\r
256 License published by the license steward. \r
257 \r
258 4.3. Modified Versions.\r
259 \r
260 When You are an Initial Developer and You want to create a\r
261 new license for Your Original Software, You may create and\r
262 use a modified version of this License if You: (a) rename\r
263 the license and remove any references to the name of the\r
264 license steward (except to note that the license differs\r
265 from this License); and (b) otherwise make it clear that\r
266 the license contains terms which differ from this License.\r
267 \r
268 \r
269 5. DISCLAIMER OF WARRANTY.\r
270 \r
271 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"\r
272 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,\r
273 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED\r
274 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR\r
275 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND\r
276 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY\r
277 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE\r
278 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF\r
279 ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF\r
280 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF\r
281 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS\r
282 DISCLAIMER. \r
283 \r
284 6. TERMINATION. \r
285 \r
286 6.1. This License and the rights granted hereunder will\r
287 terminate automatically if You fail to comply with terms\r
288 herein and fail to cure such breach within 30 days of\r
289 becoming aware of the breach. Provisions which, by their\r
290 nature, must remain in effect beyond the termination of\r
291 this License shall survive.\r
292 \r
293 6.2. If You assert a patent infringement claim (excluding\r
294 declaratory judgment actions) against Initial Developer or\r
295 a Contributor (the Initial Developer or Contributor against\r
296 whom You assert such claim is referred to as "Participant")\r
297 alleging that the Participant Software (meaning the\r
298 Contributor Version where the Participant is a Contributor\r
299 or the Original Software where the Participant is the\r
300 Initial Developer) directly or indirectly infringes any\r
301 patent, then any and all rights granted directly or\r
302 indirectly to You by such Participant, the Initial\r
303 Developer (if the Initial Developer is not the Participant)\r
304 and all Contributors under Sections 2.1 and/or 2.2 of this\r
305 License shall, upon 60 days notice from Participant\r
306 terminate prospectively and automatically at the expiration\r
307 of such 60 day notice period, unless if within such 60 day\r
308 period You withdraw Your claim with respect to the\r
309 Participant Software against such Participant either\r
310 unilaterally or pursuant to a written agreement with\r
311 Participant.\r
312 \r
313 6.3. In the event of termination under Sections 6.1 or 6.2\r
314 above, all end user licenses that have been validly granted\r
315 by You or any distributor hereunder prior to termination\r
316 (excluding licenses granted to You by any distributor)\r
317 shall survive termination.\r
318 \r
319 7. LIMITATION OF LIABILITY.\r
320 \r
321 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT\r
322 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE\r
323 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF\r
324 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE\r
325 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR\r
326 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT\r
327 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK\r
328 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER\r
329 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN\r
330 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF\r
331 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL\r
332 INJURY RESULTING FROM SUCH PARTYÕS NEGLIGENCE TO THE EXTENT\r
333 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO\r
334 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR\r
335 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT\r
336 APPLY TO YOU.\r
337 \r
338 8. U.S. GOVERNMENT END USERS.\r
339 \r
340 The Covered Software is a "commercial item," as that term is\r
341 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial\r
342 computer software" (as that term is defined at 48 C.F.R. ¤\r
343 252.227-7014(a)(1)) and "commercial computer software\r
344 documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.\r
345 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1\r
346 through 227.7202-4 (June 1995), all U.S. Government End Users\r
347 acquire Covered Software with only those rights set forth herein.\r
348 This U.S. Government Rights clause is in lieu of, and supersedes,\r
349 any other FAR, DFAR, or other clause or provision that addresses\r
350 Government rights in computer software under this License.\r
351 \r
352 9. MISCELLANEOUS.\r
353 \r
354 This License represents the complete agreement concerning subject\r
355 matter hereof. If any provision of this License is held to be\r
356 unenforceable, such provision shall be reformed only to the\r
357 extent necessary to make it enforceable. This License shall be\r
358 governed by the law of the jurisdiction specified in a notice\r
359 contained within the Original Software (except to the extent\r
360 applicable law, if any, provides otherwise), excluding such\r
361 jurisdictionÕs conflict-of-law provisions. Any litigation\r
362 relating to this License shall be subject to the jurisdiction of\r
363 the courts located in the jurisdiction and venue specified in a\r
364 notice contained within the Original Software, with the losing\r
365 party responsible for costs, including, without limitation, court\r
366 costs and reasonable attorneysÕ fees and expenses. The\r
367 application of the United Nations Convention on Contracts for the\r
368 International Sale of Goods is expressly excluded. Any law or\r
369 regulation which provides that the language of a contract shall\r
370 be construed against the drafter shall not apply to this License.\r
371 You agree that You alone are responsible for compliance with the\r
372 United States export administration regulations (and the export\r
373 control laws and regulation of any other countries) when You use,\r
374 distribute or otherwise make available any Covered Software.\r
375 \r
376 10. RESPONSIBILITY FOR CLAIMS.\r
377 \r
378 As between Initial Developer and the Contributors, each party is\r
379 responsible for claims and damages arising, directly or\r
380 indirectly, out of its utilization of rights under this License\r
381 and You agree to work with Initial Developer and Contributors to\r
382 distribute such responsibility on an equitable basis. Nothing\r
383 herein is intended or shall be deemed to constitute any admission\r
384 of liability.\r