| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
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| 1. Definitions. |
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| 1.1. Contributor means each individual or entity that creates or |
| contributes to the creation of Modifications. |
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| 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. |
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| 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. |
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| 1.4. Executable means the Covered Software in any form other than |
| Source Code. |
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| 1.5. Initial Developer means the individual or entity that first makes |
| Original Software available under this License. |
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| 1.6. Larger Work means a work which combines Covered Software or |
| portions thereof with code not governed by the terms of this |
| License. |
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| 1.7. License means this document. |
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| 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. |
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| 1.9. Modifications means the Source Code and Executable form of any of |
| the following: |
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| 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; |
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| B. Any new file that contains any part of the Original Software or |
| previous Modification; or |
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| C. Any new file that is contributed or otherwise made available under |
| the terms of this License. |
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| 1.10. Original Software means the Source Code and Executable form of |
| computer software code that is originally released under this |
| License. |
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| 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. |
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| 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. |
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| 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. |
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| 2. License Grants. |
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| 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. |
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| 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. |
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| 3. Distribution Obligations. |
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| 3.1. Availability of Source Code. |
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| 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. |
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| 3.2. Modifications. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 4. Versions of the License. |
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| 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. |
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| 4.2. Effect of New Versions. |
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| 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. |
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| 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. |
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| 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. |
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| 6. TERMINATION. |
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| 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. |
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| 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. |
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| 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. |
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| 8. U.S. GOVERNMENT END USERS. |
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| 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. |
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| 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. |
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| 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. |
| |
| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| DISTRIBUTION LICENSE (CDDL) The GlassFish 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. |