| Parts of the work are: |
| |
| Copyright (c) 2004 Kohsuke Kawaguchi |
| |
| Permission is hereby granted, free of charge, to any person |
| obtaining a copy of this software and associated documentation |
| files (the "Software"), to deal in the Software without |
| restriction, including without limitation the rights to use, |
| copy, modify, merge, publish, distribute, sublicense, and/or |
| sell copies of the Software, and to permit persons to whom |
| the Software is furnished to do so, subject to the following |
| conditions: |
| |
| The above copyright notice and this permission notice shall |
| be included in all copies or substantial portions of the Software. |
| |
| THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY |
| KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE |
| WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR |
| PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS |
| OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR |
| OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR |
| OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE |
| SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. |
| |
| Parts of the work are: |
| |
| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1 |
| |
| 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 |
| 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. |
| |
| 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. |
| |
| 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. |
| |
| 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. 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. |
| |
| 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. |
| |
| 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 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. |
| |
| 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. 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. |
| |
| 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 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. |
| |
| 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 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. |
