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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1. <br>
<br>
Definitions.
<br>
<br>
1.1. <span style="font-style: italic;">Contributor</span> means each
individual or entity that creates or
contributes to the creation of Modifications.
<br>
<br>
1.2. <span style="font-style: italic;">Contributor Version</span>
means the combination of the Original
Software, prior Modifications used by a Contributor (if any), and the
Modifications made by that particular Contributor.
<br>
<br>
1.3. <span style="font-style: italic;">Covered Software</span> 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.
<br>
<br>
1.4. <span style="font-style: italic;">Executable</span> means the
Covered Software in any form other than
Source Code.
<br>
<br>
1.5. <span style="font-style: italic;">Initial Developer</span> means
the individual or entity that first makes
Original Software available under this License.
<br>
<br>
1.6. <span style="font-style: italic;">Larger Work</span> means a work
which combines Covered Software or
portions thereof with code not governed by the terms of this License.
<br>
<br>
1.7. <span style="font-style: italic;">License</span> means this
document.
<br>
<br>
1.8. <span style="font-style: italic;">Licensable</span> 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.
<br>
<br>
1.9. <span style="font-style: italic;">Modifications</span> 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.
<br>
<br>
1.10. <span style="font-style: italic;">Original Software</span> means
the Source Code and Executable form of
computer software code that is originally released under this License.
<br>
<br>
1.11. <span style="font-style: italic;">Patent Claims</span> means any
patent claim(s), now owned or hereafter
acquired, including without limitation, method, process, and apparatus
claims, in any patent Licensable by grantor.
<br>
<br>
1.12. <span style="font-style: italic;">Source Code</span> means (a)
the common form of computer software code
in which modifications are made and (b) associated documentation
included in or with such code.
<br>
<br>
1.13. <span style="font-style: italic;">You (or Your)</span> 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)&nbsp;the power, direct or indirect, to
cause
the direction or management of such entity, whether by contract or
otherwise, or (b)&nbsp;ownership of more than fifty percent (50%) of
the
outstanding shares or beneficial ownership of such entity.
<br>
<br>
2. License Grants.<br>
<br>
&nbsp;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:
<br>
<br>
(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
<br>
<br>
(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);<br>
<br>
&nbsp;(c) The licenses granted in Sections&nbsp;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;<br>
<br>
&nbsp;(d) Notwithstanding Section&nbsp;2.1(b) above, no patent license
is granted:
(1)&nbsp;for code that You delete from the Original Software, or
(2)&nbsp;for
infringements caused by: (i)&nbsp;the modification of the Original
Software,
or (ii)&nbsp;the combination of the Original Software with other
software or
devices.
<br>
<br>
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:
<br>
<br>
(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
<br>
<br>
(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)&nbsp;Modifications made by that Contributor
(or
portions thereof); and (2)&nbsp;the combination of Modifications made
by
that Contributor with its Contributor Version (or portions of such
combination).
<br>
<br>
(c) The licenses granted in Sections&nbsp;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.<br>
<br>
(d) Notwithstanding Section&nbsp;2.2(b) above, no patent license is
granted:
(1)&nbsp;for any code that Contributor has deleted from the Contributor
Version; (2)&nbsp;for infringements caused by: (i)&nbsp;third party
modifications
of Contributor Version, or (ii)&nbsp;the combination of Modifications
made
by that Contributor with other software (except as part of the
Contributor Version) or other devices; or (3)&nbsp;under Patent Claims
infringed by Covered Software in the absence of Modifications made by
that Contributor.
<br>
<br>
3. Distribution Obligations.
<br>
<br>
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.
<br>
<br>
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.
<br>
<br>
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.
<br>
<br>
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.<br>
<br>
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.
<br>
<br>
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.
<br>
<br>
4. Versions of the License.
<br>
<br>
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.
<br>
<br>
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.
<br>
<br>
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)&nbsp;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)&nbsp;otherwise make it
clear
that the license contains terms which differ from this License.
<br>
<br>
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.
<br>
<br>
6. TERMINATION.
<br>
<br>
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.
<br>
<br>
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&nbsp;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.
<br>
<br>
6.3. In the event of termination under Sections&nbsp;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.
<br>
<br>
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.
<br>
<br>
8. U.S. GOVERNMENT END USERS.
The Covered Software is a commercial item, as that term is defined in
48&nbsp;C.F.R.&nbsp;2.101 (Oct. 1995), consisting of commercial
computer software
(as that term is defined at 48 C.F.R. &nbsp;252.227-7014(a)(1)) and
commercial computer software documentation as such terms are used in
48&nbsp;C.F.R.&nbsp;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.
<br>
<br>
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. <br>
<br>
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.
<br>
<br>
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.
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