| 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. S: 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. |