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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 recipient's 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 PARTY'S 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 jurisdiction's 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.
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