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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.