| 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 recipientsÕ | |
| 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 recipientÕs 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 PARTYÕS 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 | |
| jurisdictionÕs 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 attorneysÕ 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. |