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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 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.
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 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. § 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.
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