| 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: 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. |
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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: |
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| (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 |
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| (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); |
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| (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; |
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| (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: |
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| (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 |
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| (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). |
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| (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. |
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| (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. 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. 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. 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. |
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| 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. |
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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. 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. |
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| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE |
| (CDDL) |
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| For Covered Software in this distribution, this License 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. |