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