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