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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 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.
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 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.
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 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.
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.