| 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. |