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  1. COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
  2. Version 1.1
  3. 1. Definitions.
  4. 1.1. "Contributor" means each individual or entity that creates or contributes
  5. to the creation of Modifications.
  6. 1.2. "Contributor Version" means the combination of the Original Software,
  7. prior Modifications used by a Contributor (if any), and the Modifications
  8. made by that particular Contributor.
  9. 1.3. "Covered Software" means (a) the Original Software, or (b) Modifications,
  10. or (c) the combination of files containing Original Software with files containing
  11. Modifications, in each case including portions thereof.
  12. 1.4. "Executable" means the Covered Software in any form other than Source
  13. Code.
  14. 1.5. "Initial Developer" means the individual or entity that first makes Original
  15. Software available under this License.
  16. 1.6. "Larger Work" means a work which combines Covered Software or portions
  17. thereof with code not governed by the terms of this License.
  18. 1.7. "License" means this document.
  19. 1.8. "Licensable" means having the right to grant, to the maximum extent possible,
  20. whether at the time of the initial grant or subsequently acquired, any and
  21. all of the rights conveyed herein.
  22. 1.9. "Modifications" means the Source Code and Executable form of any of the
  23. following:
  24. A. Any file that results from an addition to, deletion from or modification
  25. of the contents of a file containing Original Software or previous Modifications;
  26. B. Any new file that contains any part of the Original Software or previous
  27. Modification; or
  28. C. Any new file that is contributed or otherwise made available under the
  29. terms of this License.
  30. 1.10. "Original Software" means the Source Code and Executable form of computer
  31. software code that is originally released under this License.
  32. 1.11. "Patent Claims" means any patent claim(s), now owned or hereafter acquired,
  33. including without limitation, method, process, and apparatus claims, in any
  34. patent Licensable by grantor.
  35. 1.12. "Source Code" means (a) the common form of computer software code in
  36. which modifications are made and (b) associated documentation included in
  37. or with such code.
  38. 1.13. "You" (or "Your") means an individual or a legal entity exercising rights
  39. under, and complying with all of the terms of, this License. For legal entities,
  40. "You" includes any entity which controls, is controlled by, or is under common
  41. control with You. For purposes of this definition, "control" means (a) the
  42. power, direct or indirect, to cause the direction or management of such entity,
  43. whether by contract or otherwise, or (b) ownership of more than fifty percent
  44. (50%) of the outstanding shares or beneficial ownership of such entity.
  45. 2. License Grants.
  46. 2.1. The Initial Developer Grant.
  47. Conditioned upon Your compliance with Section 3.1 below and subject to third
  48. party intellectual property claims, the Initial Developer hereby grants You
  49. a world-wide, royalty-free, non-exclusive license:
  50. (a) under intellectual property rights (other than patent or trademark) Licensable
  51. by Initial Developer, to use, reproduce, modify, display, perform, sublicense
  52. and distribute the Original Software (or portions thereof), with or without
  53. Modifications, and/or as part of a Larger Work; and
  54. (b) under Patent Claims infringed by the making, using or selling of Original
  55. Software, to make, have made, use, practice, sell, and offer for sale, and/or
  56. otherwise dispose of the Original Software (or portions thereof).
  57. (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
  58. Initial Developer first distributes or otherwise makes the Original Software
  59. available to a third party under the terms of this License.
  60. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
  61. for code that You delete from the Original Software, or (2) for infringements
  62. caused by: (i) the modification of the Original Software, or (ii) the combination
  63. of the Original Software with other software or devices.
  64. 2.2. Contributor Grant.
  65. Conditioned upon Your compliance with Section 3.1 below and subject to third
  66. party intellectual property claims, each Contributor hereby grants You a world-wide,
  67. royalty-free, non-exclusive license:
  68. (a) under intellectual property rights (other than patent or trademark) Licensable
  69. by Contributor to use, reproduce, modify, display, perform, sublicense and
  70. distribute the Modifications created by such Contributor (or portions thereof),
  71. either on an unmodified basis, with other Modifications, as Covered Software
  72. and/or as part of a Larger Work; and
  73. (b) under Patent Claims infringed by the making, using, or selling of Modifications
  74. made by that Contributor either alone and/or in combination with its Contributor
  75. Version (or portions of such combination), to make, use, sell, offer for sale,
  76. have made, and/or otherwise dispose of: (1) Modifications made by that Contributor
  77. (or portions thereof); and (2) the combination of Modifications made by that
  78. Contributor with its Contributor Version (or portions of such combination).
  79. (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
  80. date Contributor first distributes or otherwise makes the Modifications available
  81. to a third party.
  82. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
  83. for any code that Contributor has deleted from the Contributor Version; (2)
  84. for infringements caused by: (i) third party modifications of Contributor
  85. Version, or (ii) the combination of Modifications made by that Contributor
  86. with other software (except as part of the Contributor Version) or other devices;
  87. or (3) under Patent Claims infringed by Covered Software in the absence of
  88. Modifications made by that Contributor.
  89. 3. Distribution Obligations.
  90. 3.1. Availability of Source Code.
  91. Any Covered Software that You distribute or otherwise make available in Executable
  92. form must also be made available in Source Code form and that Source Code
  93. form must be distributed only under the terms of this License. You must include
  94. a copy of this License with every copy of the Source Code form of the Covered
  95. Software You distribute or otherwise make available. You must inform recipients
  96. of any such Covered Software in Executable form as to how they can obtain
  97. such Covered Software in Source Code form in a reasonable manner on or through
  98. a medium customarily used for software exchange.
  99. 3.2. Modifications.
  100. The Modifications that You create or to which You contribute are governed
  101. by the terms of this License. You represent that You believe Your Modifications
  102. are Your original creation(s) and/or You have sufficient rights to grant the
  103. rights conveyed by this License.
  104. 3.3. Required Notices.
  105. You must include a notice in each of Your Modifications that identifies You
  106. as the Contributor of the Modification. You may not remove or alter any copyright,
  107. patent or trademark notices contained within the Covered Software, or any
  108. notices of licensing or any descriptive text giving attribution to any Contributor
  109. or the Initial Developer.
  110. 3.4. Application of Additional Terms.
  111. You may not offer or impose any terms on any Covered Software in Source Code
  112. form that alters or restricts the applicable version of this License or the
  113. recipients' rights hereunder. You may choose to offer, and to charge a fee
  114. for, warranty, support, indemnity or liability obligations to one or more
  115. recipients of Covered Software. However, you may do so only on Your own behalf,
  116. and not on behalf of the Initial Developer or any Contributor. You must make
  117. it absolutely clear that any such warranty, support, indemnity or liability
  118. obligation is offered by You alone, and You hereby agree to indemnify the
  119. Initial Developer and every Contributor for any liability incurred by the
  120. Initial Developer or such Contributor as a result of warranty, support, indemnity
  121. or liability terms You offer.
  122. 3.5. Distribution of Executable Versions.
  123. You may distribute the Executable form of the Covered Software under the terms
  124. of this License or under the terms of a license of Your choice, which may
  125. contain terms different from this License, provided that You are in compliance
  126. with the terms of this License and that the license for the Executable form
  127. does not attempt to limit or alter the recipient's rights in the Source Code
  128. form from the rights set forth in this License. If You distribute the Covered
  129. Software in Executable form under a different license, You must make it absolutely
  130. clear that any terms which differ from this License are offered by You alone,
  131. not by the Initial Developer or Contributor. You hereby agree to indemnify
  132. the Initial Developer and every Contributor for any liability incurred by
  133. the Initial Developer or such Contributor as a result of any such terms You
  134. offer.
  135. 3.6. Larger Works.
  136. You may create a Larger Work by combining Covered Software with other code
  137. not governed by the terms of this License and distribute the Larger Work as
  138. a single product. In such a case, You must make sure the requirements of this
  139. License are fulfilled for the Covered Software.
  140. 4. Versions of the License.
  141. 4.1. New Versions.
  142. Oracle is the initial license steward and may publish revised and/or new versions
  143. of this License from time to time. Each version will be given a distinguishing
  144. version number. Except as provided in Section 4.3, no one other than the license
  145. steward has the right to modify this License.
  146. 4.2. Effect of New Versions.
  147. You may always continue to use, distribute or otherwise make the Covered Software
  148. available under the terms of the version of the License under which You originally
  149. received the Covered Software. If the Initial Developer includes a notice
  150. in the Original Software prohibiting it from being distributed or otherwise
  151. made available under any subsequent version of the License, You must distribute
  152. and make the Covered Software available under the terms of the version of
  153. the License under which You originally received the Covered Software. Otherwise,
  154. You may also choose to use, distribute or otherwise make the Covered Software
  155. available under the terms of any subsequent version of the License published
  156. by the license steward.
  157. 4.3. Modified Versions.
  158. When You are an Initial Developer and You want to create a new license for
  159. Your Original Software, You may create and use a modified version of this
  160. License if You: (a) rename the license and remove any references to the name
  161. of the license steward (except to note that the license differs from this
  162. License); and (b) otherwise make it clear that the license contains terms
  163. which differ from this License.
  164. 5. DISCLAIMER OF WARRANTY.
  165. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT
  166. WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
  167. WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT
  168. FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY
  169. AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
  170. PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
  171. CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION.
  172. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
  173. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  174. 6. TERMINATION.
  175. 6.1. This License and the rights granted hereunder will terminate automatically
  176. if You fail to comply with terms herein and fail to cure such breach within
  177. 30 days of becoming aware of the breach. Provisions which, by their nature,
  178. must remain in effect beyond the termination of this License shall survive.
  179. 6.2. If You assert a patent infringement claim (excluding declaratory judgment
  180. actions) against Initial Developer or a Contributor (the Initial Developer
  181. or Contributor against whom You assert such claim is referred to as "Participant")
  182. alleging that the Participant Software (meaning the Contributor Version where
  183. the Participant is a Contributor or the Original Software where the Participant
  184. is the Initial Developer) directly or indirectly infringes any patent, then
  185. any and all rights granted directly or indirectly to You by such Participant,
  186. the Initial Developer (if the Initial Developer is not the Participant) and
  187. all Contributors under Sections 2.1 and/or 2.2 of this License shall, upon
  188. 60 days notice from Participant terminate prospectively and automatically
  189. at the expiration of such 60 day notice period, unless if within such 60 day
  190. period You withdraw Your claim with respect to the Participant Software against
  191. such Participant either unilaterally or pursuant to a written agreement with
  192. Participant.
  193. 6.3. If You assert a patent infringement claim against Participant alleging
  194. that the Participant Software directly or indirectly infringes any patent
  195. where such claim is resolved (such as by license or settlement) prior to the
  196. initiation of patent infringement litigation, then the reasonable value of
  197. the licenses granted by such Participant under Sections 2.1 or 2.2 shall be
  198. taken into account in determining the amount or value of any payment or license.
  199. 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end
  200. user licenses that have been validly granted by You or any distributor hereunder
  201. prior to termination (excluding licenses granted to You by any distributor)
  202. shall survive termination.
  203. 7. LIMITATION OF LIABILITY.
  204. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  205. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  206. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER
  207. OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
  208. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION,
  209. DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
  210. OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL
  211. HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
  212. LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING
  213. FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
  214. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
  215. OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO
  216. YOU.
  217. 8. U.S. GOVERNMENT END USERS.
  218. The Covered Software is a "commercial item," as that term is defined in 48
  219. C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" (as
  220. that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and "commercial computer
  221. software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
  222. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
  223. (June 1995), all U.S. Government End Users acquire Covered Software with only
  224. those rights set forth herein. This U.S. Government Rights clause is in lieu
  225. of, and supersedes, any other FAR, DFAR, or other clause or provision that
  226. addresses Government rights in computer software under this License.
  227. 9. MISCELLANEOUS.
  228. This License represents the complete agreement concerning subject matter hereof.
  229. If any provision of this License is held to be unenforceable, such provision
  230. shall be reformed only to the extent necessary to make it enforceable. This
  231. License shall be governed by the law of the jurisdiction specified in a notice
  232. contained within the Original Software (except to the extent applicable law,
  233. if any, provides otherwise), excluding such jurisdiction's conflict-of-law
  234. provisions. Any litigation relating to this License shall be subject to the
  235. jurisdiction of the courts located in the jurisdiction and venue specified
  236. in a notice contained within the Original Software, with the losing party
  237. responsible for costs, including, without limitation, court costs and reasonable
  238. attorneys' fees and expenses. The application of the United Nations Convention
  239. on Contracts for the International Sale of Goods is expressly excluded. Any
  240. law or regulation which provides that the language of a contract shall be
  241. construed against the drafter shall not apply to this License. You agree that
  242. You alone are responsible for compliance with the United States export administration
  243. regulations (and the export control laws and regulation of any other countries)
  244. when You use, distribute or otherwise make available any Covered Software.
  245. 10. RESPONSIBILITY FOR CLAIMS.
  246. As between Initial Developer and the Contributors, each party is responsible
  247. for claims and damages arising, directly or indirectly, out of its utilization
  248. of rights under this License and You agree to work with Initial Developer
  249. and Contributors to distribute such responsibility on an equitable basis.
  250. Nothing herein is intended or shall be deemed to constitute any admission
  251. of liability.
  252. NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
  253. (CDDL)
  254. The code released under the CDDL shall be governed by the laws of the State
  255. of California (excluding conflict-of-law provisions). Any litigation relating
  256. to this License shall be subject to the jurisdiction of the Federal Courts
  257. of the Northern District of California and the state courts of the State of
  258. California, with venue lying in Santa Clara County, California.
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