COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 1.

Definitions.

1.1. Contributor means each individual or entity that creates or contributes to 

the creation of Modifications.

1.2. Contributor Version means the combination of the Original Software, prior 

Modifications used by a Contributor (if any), and the Modifications made by that 

particular Contributor.

1.3. Covered Software means (a) the Original Software, or (b) Modifications, or 

(c) the combination of files containing Original Software with files containing 

Modifications, in each case including portions thereof.

1.4. Executable means the Covered Software in any form other than Source Code.

1.5. Initial Developer means the individual or entity that first makes Original 

Software available under this License.

1.6. Larger Work means a work which combines Covered Software or portions thereof 

with code not governed by the terms of this License.

1.7. License means this document.

1.8. Licensable means having the right to grant, to the maximum extent possible, 

whether at the time of the initial grant or subsequently acquired, any and all of 

the rights conveyed herein.

1.9. Modifications means the Source Code and Executable form of any of the 

following: A. Any file that results from an addition to, deletion from or 

modification of the contents of a file containing Original Software or previous 

Modifications; B. Any new file that contains any part of the Original Software 

or previous Modification; or C. Any new file that is contributed or otherwise 

made available under the terms of this License.

1.10. Original Software means the Source Code and Executable form of computer 

software code that is originally released under this License.

1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired, 

including without limitation, method, process, and apparatus claims, in any patent 

Licensable by grantor.

1.12. Source Code means (a) the common form of computer software code in which 

modifications are made and (b) associated documentation included in or with such 

code.

1.13. You (or Your) means an individual or a legal entity exercising rights 

under, and complying with all of the terms of, this License. For legal entities, 

You includes any entity which controls, is controlled by, or is under common 

control with You. For purposes of this definition, control means (a) the power, 

direct or indirect, to cause the direction or management of such entity, whether 

by contract or otherwise, or (b) ownership of more than fifty percent (50%) of 

the outstanding shares or beneficial ownership of such entity.

2. License Grants.

2.1. The Initial Developer Grant. Conditioned upon Your compliance with Section 

3.1 below and subject to third party intellectual property claims, the Initial 

Developer hereby grants You a world-wide, royalty-free, non-exclusive license:

(a) under intellectual property rights (other than patent or trademark) 

Licensable by Initial Developer, to use, reproduce, modify, display, perform, 

sublicense and distribute the Original Software (or portions thereof), with or 

without Modifications, and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using or selling of Original 

Software, to make, have made, use, practice, sell, and offer for sale, and/or 

otherwise dispose of the Original Software (or portions thereof);

(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date 

Initial Developer first distributes or otherwise makes the Original Software 

available to a third party under the terms of this License;

(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) 

for code that You delete from the Original Software, or (2) for infringements 

caused by: (i) the modification of the Original Software, or (ii) the 

combination of the Original Software with other software or devices.

2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1 

below and subject to third party intellectual property claims, each Contributor 

hereby grants You a world-wide, royalty-free, non-exclusive license:

(a) under intellectual property rights (other than patent or trademark) 

Licensable by Contributor to use, reproduce, modify, display, perform, 

sublicense and distribute the Modifications created by such Contributor 

(or portions thereof), either on an unmodified basis, with other Modifications, 

as Covered Software and/or as part of a Larger Work; and

(b) under Patent Claims infringed by the making, using, or selling of 

Modifications made by that Contributor either alone and/or in combination with 

its Contributor Version (or portions of such combination), to make, use, sell, 

offer for sale, have made, and/or otherwise dispose of: (1) Modifications made 

by that Contributor (or portions thereof); and (2) the combination of 

Modifications made by that Contributor with its Contributor Version (or 

portions of such combination).

(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the 

date Contributor first distributes or otherwise makes the Modifications 

available to a third party.

(d) Notwithstanding Section 2.2(b) above, no patent license is granted: 

(1) for any code that Contributor has deleted from the Contributor Version; 

(2) for infringements caused by: (i) third party modifications of Contributor 

Version, or (ii) the combination of Modifications made by that Contributor 

with other software (except as part of the Contributor Version) or other 

devices; or 

(3) under Patent Claims infringed by Covered Software in the absence of 

Modifications made by that Contributor.

3. Distribution Obligations.

3.1. Availability of Source Code. Any Covered Software that You distribute 

or otherwise make available in Executable form must also be made available 

in Source Code form and that Source Code form must be distributed only under 

the terms of this License. You must include a copy of this License with 

every copy of the Source Code form of the Covered Software You distribute 

or otherwise make available. You must inform recipients of any such Covered 

Software in Executable form as to how they can obtain such Covered Software 

in Source Code form in a reasonable manner on or through a medium customarily 

used for software exchange.

3.2. Modifications. The Modifications that You create or to which You 

contribute are governed by the terms of this License. You represent that You 

believe Your Modifications are Your original creation(s) and/or You have 

sufficient rights to grant the rights conveyed by this License.

3.3. Required Notices. You must include a notice in each of Your Modifications 

that identifies You as the Contributor of the Modification. You may not remove 

or alter any copyright, patent or trademark notices contained within the 

Covered Software, or any notices of licensing or any descriptive text giving 

attribution to any Contributor or the Initial Developer.

3.4. Application of Additional Terms. You may not offer or impose any terms 

on any Covered Software in Source Code form that alters or restricts the 

applicable version of this License or the recipients rights hereunder. You 

may choose to offer, and to charge a fee for, warranty, support, indemnity or 

liability obligations to one or more recipients of Covered Software. However, 

you may do so only on Your own behalf, and not on behalf of the Initial 

Developer or any Contributor. You must make it absolutely clear that any such 

warranty, support, indemnity or liability obligation is offered by You alone, 

and You hereby agree to indemnify the Initial Developer and every Contributor 

for any liability incurred by the Initial Developer or such Contributor as a 

result of warranty, support, indemnity or liability terms You offer.

3.5. Distribution of Executable Versions. You may distribute the Executable 

form of the Covered Software under the terms of this License or under the terms 

of a license of Your choice, which may contain terms different from this 

License, provided that You are in compliance with the terms of this License and 

that the license for the Executable form does not attempt to limit or alter 

the recipients rights in the Source Code form from the rights set forth in this 

License. If You distribute the Covered Software in Executable form under a 

different license, You must make it absolutely clear that any terms which 

differ from this License are offered by You alone, not by the Initial Developer 

or Contributor. You hereby agree to indemnify the Initial Developer and every 

Contributor for any liability incurred by the Initial Developer or such 

Contributor as a result of any such terms You offer.

3.6. Larger Works. You may create a Larger Work by combining Covered Software 

with other code not governed by the terms of this License and distribute the 

Larger Work as a single product. In such a case, You must make sure the 

requirements of this License are fulfilled for the Covered Software.

4. Versions of the License.

4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and 

may publish revised and/or new versions of this License from time to time. 

Each version will be given a distinguishing version number. Except as provided 

in Section 4.3, no one other than the license steward has the right to modify 

this License.

4.2. Effect of New Versions. You may always continue to use, distribute or 

otherwise make the Covered Software available under the terms of the version 

of the License under which You originally received the Covered Software. If 

the Initial Developer includes a notice in the Original Software prohibiting 

it from being distributed or otherwise made available under any subsequent 

version of the License, You must distribute and make the Covered Software 

available under the terms of the version of the License under which You 

originally received the Covered Software. Otherwise, You may also choose to 

use, distribute or otherwise make the Covered Software available under the 

terms of any subsequent version of the License published by the license 

steward.

4.3. Modified Versions. When You are an Initial Developer and You want to 

create a new license for Your Original Software, You may create and use a 

modified version of this License if You: (a) rename the license and remove 

any references to the name of the license steward (except to note that the 

license differs from this License); and (b) otherwise make it clear that 

the license contains terms which differ from this License.

5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE 

ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 

INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE 

OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 

THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE 

IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, 

YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF 

ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY 

CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE 

IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

6. TERMINATION.

6.1. This License and the rights granted hereunder will terminate automatically 

if You fail to comply with terms herein and fail to cure such breach within 

30 days of becoming aware of the breach. Provisions which, by their nature, 

must remain in effect beyond the termination of this License shall survive.

6.2. If You assert a patent infringement claim (excluding declaratory 

judgment actions) against Initial Developer or a Contributor (the Initial 

Developer or Contributor against whom You assert such claim is referred to 

as Participant) alleging that the Participant Software (meaning the Contributor 

Version where the Participant is a Contributor or the Original Software where 

the Participant is the Initial Developer) directly or indirectly infringes any 

patent, then any and all rights granted directly or indirectly to You by such 

Participant, the Initial Developer (if the Initial Developer is not the 

Participant) and all Contributors under Sections 2.1 and/or 2.2 of this License 

shall, upon 60 days notice from Participant terminate prospectively and 

automatically at the expiration of such 60 day notice period, unless if within 

such 60 day period You withdraw Your claim with respect to the Participant 

Software against such Participant either unilaterally or pursuant to a written 

agreement with Participant.

6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user 

licenses that have been validly granted by You or any distributor hereunder 

prior to termination (excluding licenses granted to You by any distributor) 

shall survive termination.

7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, 

WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 

INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED 

SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON 

FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER 

INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, 

WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL 

DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE 

POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 

LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE 

TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 

NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, 

SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

8. U.S. GOVERNMENT END USERS. The Covered Software is a commercial item, as 

that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial 

computer software (as that term is defined at 48 C.F.R.  252.227-7014(a)(1)) 

and commercial computer software documentation as such terms are used in 48 

C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 

227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users 

acquire Covered Software with only those rights set forth herein. This U.S. 

Government Rights clause is in lieu of, and supersedes, any other FAR, DFAR, 

or other clause or provision that addresses Government rights in computer 

software under this License.

9. MISCELLANEOUS. This License represents the complete agreement concerning 

subject matter hereof. If any provision of this License is held to be 

unenforceable, such provision shall be reformed only to the extent necessary 

to make it enforceable. This License shall be governed by the law of the 

jurisdiction specified in a notice contained within the Original Software 

(except to the extent applicable law, if any, provides otherwise), excluding 

such jurisdictions conflict-of-law provisions. Any litigation relating to 

this License shall be subject to the jurisdiction of the courts located in 

the jurisdiction and venue specified in a notice contained within the Original 

Software, with the losing party responsible for costs, including, without 

limitation, court costs and reasonable attorneys fees and expenses. The 

application of the United Nations Convention on Contracts for the 

International Sale of Goods is expressly excluded. Any law or regulation 

which provides that the language of a contract shall be construed against 

the drafter shall not apply to this License. You agree that You alone are 

responsible for compliance with the United States export administration 

regulations (and the export control laws and regulation of any other 

countries) when You use, distribute or otherwise make available any Covered 

Software.

10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the 

Contributors, each party is responsible for claims and damages arising, 

directly or indirectly, out of its utilization of rights under this License 

and You agree to work with Initial Developer and Contributors to distribute 

such responsibility on an equitable basis. Nothing herein is intended or 

shall be deemed to constitute any admission of liability.

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION 

LICENSE (CDDL) The code released under the CDDL shall be governed by the 

laws of the State of California (excluding conflict-of-law provisions). 

Any litigation relating to this License shall be subject to the jurisdiction 

of the Federal Courts of the Northern District of California and the 

state courts of the State of California, with venue lying in Santa Clara 

County, California.