| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1 |
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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. |
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| 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. |
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| 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. |
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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. |
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| 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. |
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| 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. |
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| 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. |
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| 3.6. Larger Works. |
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| 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. |
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| Oracle 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. |
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| 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. |
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| 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. |
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| 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. If You assert a patent infringement claim against Participant |
| alleging that the Participant Software directly or indirectly |
| infringes any patent where such claim is resolved (such as by |
| license or settlement) prior to the initiation of patent |
| infringement litigation, then the reasonable value of the licenses |
| granted by such Participant under Sections 2.1 or 2.2 shall be taken |
| into account in determining the amount or value of any payment or |
| license. |
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| 6.4. 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. |
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| 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 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. |
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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. ยง |
| 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. |
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| 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. |
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| 10. RESPONSIBILITY FOR CLAIMS. |
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| 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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| ------------------------------------------------------------------------ |
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| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION |
| LICENSE (CDDL) |
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| The 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. |
| |