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2012-04-25 Added LICENSE.
1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
2
3 1. Definitions.
4
5 1.1. "Contributor" means each individual or entity that
6 creates or contributes to the creation of Modifications.
7
8 1.2. "Contributor Version" means the combination of the
9 Original Software, prior Modifications used by a
10 Contributor (if any), and the Modifications made by that
11 particular Contributor.
12
13 1.3. "Covered Software" means (a) the Original Software, or
14 (b) Modifications, or (c) the combination of files
15 containing Original Software with files containing
16 Modifications, in each case including portions thereof.
17
18 1.4. "Executable" means the Covered Software in any form
19 other than Source Code.
20
21 1.5. "Initial Developer" means the individual or entity
22 that first makes Original Software available under this
23 License.
24
25 1.6. "Larger Work" means a work which combines Covered
26 Software or portions thereof with code not governed by the
27 terms of this License.
28
29 1.7. "License" means this document.
30
31 1.8. "Licensable" means having the right to grant, to the
32 maximum extent possible, whether at the time of the initial
33 grant or subsequently acquired, any and all of the rights
34 conveyed herein.
35
36 1.9. "Modifications" means the Source Code and Executable
37 form of any of the following:
38
39 A. Any file that results from an addition to,
40 deletion from or modification of the contents of a
41 file containing Original Software or previous
42 Modifications;
43
44 B. Any new file that contains any part of the
45 Original Software or previous Modification; or
46
47 C. Any new file that is contributed or otherwise made
48 available under the terms of this License.
49
50 1.10. "Original Software" means the Source Code and
51 Executable form of computer software code that is
52 originally released under this License.
53
54 1.11. "Patent Claims" means any patent claim(s), now owned
55 or hereafter acquired, including without limitation,
56 method, process, and apparatus claims, in any patent
57 Licensable by grantor.
58
59 1.12. "Source Code" means (a) the common form of computer
60 software code in which modifications are made and (b)
61 associated documentation included in or with such code.
62
63 1.13. "You" (or "Your") means an individual or a legal
64 entity exercising rights under, and complying with all of
65 the terms of, this License. For legal entities, "You"
66 includes any entity which controls, is controlled by, or is
67 under common control with You. For purposes of this
68 definition, "control" means (a) the power, direct or
69 indirect, to cause the direction or management of such
70 entity, whether by contract or otherwise, or (b) ownership
71 of more than fifty percent (50%) of the outstanding shares
72 or beneficial ownership of such entity.
73
74 2. License Grants.
75
76 2.1. The Initial Developer Grant.
77
78 Conditioned upon Your compliance with Section 3.1 below and
79 subject to third party intellectual property claims, the
80 Initial Developer hereby grants You a world-wide,
81 royalty-free, non-exclusive license:
82
83 (a) under intellectual property rights (other than
84 patent or trademark) Licensable by Initial Developer,
85 to use, reproduce, modify, display, perform,
86 sublicense and distribute the Original Software (or
87 portions thereof), with or without Modifications,
88 and/or as part of a Larger Work; and
89
90 (b) under Patent Claims infringed by the making,
91 using or selling of Original Software, to make, have
92 made, use, practice, sell, and offer for sale, and/or
93 otherwise dispose of the Original Software (or
94 portions thereof).
95
96 (c) The licenses granted in Sections 2.1(a) and (b)
97 are effective on the date Initial Developer first
98 distributes or otherwise makes the Original Software
99 available to a third party under the terms of this
100 License.
101
102 (d) Notwithstanding Section 2.1(b) above, no patent
103 license is granted: (1) for code that You delete from
104 the Original Software, or (2) for infringements
105 caused by: (i) the modification of the Original
106 Software, or (ii) the combination of the Original
107 Software with other software or devices.
108
109 2.2. Contributor Grant.
110
111 Conditioned upon Your compliance with Section 3.1 below and
112 subject to third party intellectual property claims, each
113 Contributor hereby grants You a world-wide, royalty-free,
114 non-exclusive license:
115
116 (a) under intellectual property rights (other than
117 patent or trademark) Licensable by Contributor to
118 use, reproduce, modify, display, perform, sublicense
119 and distribute the Modifications created by such
120 Contributor (or portions thereof), either on an
121 unmodified basis, with other Modifications, as
122 Covered Software and/or as part of a Larger Work; and
123
124 (b) under Patent Claims infringed by the making,
125 using, or selling of Modifications made by that
126 Contributor either alone and/or in combination with
127 its Contributor Version (or portions of such
128 combination), to make, use, sell, offer for sale,
129 have made, and/or otherwise dispose of: (1)
130 Modifications made by that Contributor (or portions
131 thereof); and (2) the combination of Modifications
132 made by that Contributor with its Contributor Version
133 (or portions of such combination).
134
135 (c) The licenses granted in Sections 2.2(a) and
136 2.2(b) are effective on the date Contributor first
137 distributes or otherwise makes the Modifications
138 available to a third party.
139
140 (d) Notwithstanding Section 2.2(b) above, no patent
141 license is granted: (1) for any code that Contributor
142 has deleted from the Contributor Version; (2) for
143 infringements caused by: (i) third party
144 modifications of Contributor Version, or (ii) the
145 combination of Modifications made by that Contributor
146 with other software (except as part of the
147 Contributor Version) or other devices; or (3) under
148 Patent Claims infringed by Covered Software in the
149 absence of Modifications made by that Contributor.
150
151 3. Distribution Obligations.
152
153 3.1. Availability of Source Code.
154
155 Any Covered Software that You distribute or otherwise make
156 available in Executable form must also be made available in
157 Source Code form and that Source Code form must be
158 distributed only under the terms of this License. You must
159 include a copy of this License with every copy of the
160 Source Code form of the Covered Software You distribute or
161 otherwise make available. You must inform recipients of any
162 such Covered Software in Executable form as to how they can
163 obtain such Covered Software in Source Code form in a
164 reasonable manner on or through a medium customarily used
165 for software exchange.
166
167 3.2. Modifications.
168
169 The Modifications that You create or to which You
170 contribute are governed by the terms of this License. You
171 represent that You believe Your Modifications are Your
172 original creation(s) and/or You have sufficient rights to
173 grant the rights conveyed by this License.
174
175 3.3. Required Notices.
176
177 You must include a notice in each of Your Modifications
178 that identifies You as the Contributor of the Modification.
179 You may not remove or alter any copyright, patent or
180 trademark notices contained within the Covered Software, or
181 any notices of licensing or any descriptive text giving
182 attribution to any Contributor or the Initial Developer.
183
184 3.4. Application of Additional Terms.
185
186 You may not offer or impose any terms on any Covered
187 Software in Source Code form that alters or restricts the
188 applicable version of this License or the recipients'
189 rights hereunder. You may choose to offer, and to charge a
190 fee for, warranty, support, indemnity or liability
191 obligations to one or more recipients of Covered Software.
192 However, you may do so only on Your own behalf, and not on
193 behalf of the Initial Developer or any Contributor. You
194 must make it absolutely clear that any such warranty,
195 support, indemnity or liability obligation is offered by
196 You alone, and You hereby agree to indemnify the Initial
197 Developer and every Contribut
198 r for any liability incurred
199 by the Initial Developer or such Contributor as a result of
200 warranty, support, indemnity or liability terms You offer.
201
202 3.5. Distribution of Executable Versions.
203
204 You may distribute the Executable form of the Covered
205 Software under the terms of this License or under the terms
206 of a license of Your choice, which may contain terms
207 different from this License, provided that You are in
208 compliance with the terms of this License and that the
209 license for the Executable form does not attempt to limit
210 or alter the recipient's rights in the Source Code form
211 from the rights set forth in this License. If You
212 distribute the Covered Software in Executable form under a
213 different license, You must make it absolutely clear that
214 any terms which differ from this License are offered by You
215 alone, not by the Initial Developer or Contributor. You
216 hereby agree to indemnify the Initial Developer and every
217 Contributor for any liability incurred by the Initial
218 Developer or such Contributor as a result of any such terms
219 You offer.
220
221 3.6. Larger Works.
222
223 You may create a Larger Work by combining Covered Software
224 with other code not governed by the terms of this License
225 and distribute the Larger Work as a single product. In such
226 a case, You must make sure the requirements of this License
227 are fulfilled for the Covered Software.
228
229 4. Versions of the License.
230
231 4.1. New Versions.
232
233 Sun Microsystems, Inc. is the initial license steward and
234 may publish revised and/or new versions of this License
235 from time to time. Each version will be given a
236 distinguishing version number. Except as provided in
237 Section 4.3, no one other than the license steward has the
238 right to modify this License.
239
240 4.2. Effect of New Versions.
241
242 You may always continue to use, distribute or otherwise
243 make the Covered Software available under the terms of the
244 version of the License under which You originally received
245 the Covered Software. If the Initial Developer includes a
246 notice in the Original Software prohibiting it from being
247 distributed or otherwise made available under any
248 subsequent version of the License, You must distribute and
249 make the Covered Software available under the terms of the
250 version of the License under which You originally received
251 the Covered Software. Otherwise, You may also choose to
252 use, distribute or otherwise make the Covered Software
253 available under the terms of any subsequent version of the
254 License published by the license steward.
255
256 4.3. Modified Versions.
257
258 When You are an Initial Developer and You want to create a
259 new license for Your Original Software, You may create and
260 use a modified version of this License if You: (a) rename
261 the license and remove any references to the name of the
262 license steward (except to note that the license differs
263 from this License); and (b) otherwise make it clear that
264 the license contains terms which differ from this License.
265
266 5. DISCLAIMER OF WARRANTY.
267
268 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
269 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
270 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
271 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
272 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
273 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
274 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
275 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
276 ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
277 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
278 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
279 DISCLAIMER.
280
281 6. TERMINATION.
282
283 6.1. This License and the rights granted hereunder will
284 terminate automatically if You fail to comply with terms
285 herein and fail to cure such breach within 30 days of
286 becoming aware of the breach. Provisions which, by their
287 nature, must remain in effect beyond the termination of
288 this License shall survive.
289
290 6.2. If You assert a patent infringement claim (excluding
291 declaratory judgment actions) against Initial Developer or
292 a Contributor (the Initial Developer or Contributor against
293 whom You assert such claim is referred to as "Participant")
294 alleging that the Participant Software (meaning the
295 Contributor Version where the Participant is a Contributor
296 or the Original Software where the Participant is the
297 Initial Developer) directly or indirectly infringes any
298 patent, then any and all rights granted directly or
299 indirectly to You by such Participant, the Initial
300 Developer (if the Initial Developer is not the Participant)
301 and all Contributors under Sections 2.1 and/or 2.2 of this
302 License shall, upon 60 days notice from Participant
303 terminate prospectively and automatically at the expiration
304 of such 60 day notice period, unless if within such 60 day
305 period You withdraw Your claim with respect to the
306 Participant Software against such Participant either
307 unilaterally or pursuant to a written agreement with
308 Participant.
309
310 6.3. In the event of termination under Sections 6.1 or 6.2
311 above, all end user licenses that have been validly granted
312 by You or any distributor hereunder prior to termination
313 (excluding licenses granted to You by any distributor)
314 shall survive termination.
315
316 7. LIMITATION OF LIABILITY.
317
318 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
319 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
320 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
321 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
322 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
323 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
324 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
325 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
326 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
327 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
328 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
329 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
330 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
331 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
332 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
333 APPLY TO YOU.
334
335 8. U.S. GOVERNMENT END USERS.
336
337 The Covered Software is a "commercial item," as that term is
338 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
339 computer software" (as that term is defined at 48 C.F.R. ¤
340 252.227-7014(a)(1)) and "commercial computer software
341 documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
342 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
343 through 227.7202-4 (June 1995), all U.S. Government End Users
344 acquire Covered Software with only those rights set forth herein.
345 This U.S. Government Rights clause is in lieu of, and supersedes,
346 any other FAR, DFAR, or other clause or provision that addresses
347 Government rights in computer software under this License.
348
349 9. MISCELLANEOUS.
350
351 This License represents the complete agreement concerning subject
352 matter hereof. If any provision of this License is held to be
353 unenforceable, such provision shall be reformed only to the
354 extent necessary to make it enforceable. This License shall be
355 governed by the law of the jurisdiction specified in a notice
356 contained within the Original Software (except to the extent
357 applicable law, if any, provides otherwise), excluding such
358 jurisdiction's conflict-of-law provisions. Any litigation
359 relating to this License shall be subject to the jurisdiction of
360 the courts located in the jurisdiction and venue specified in a
361 notice contained within the Original Software, with the losing
362 party responsible for costs, including, without limitation, court
363 costs and reasonable attorneys' fees and expenses. The
364 application of the United Nations Convention on Contracts for the
365 International Sale of Goods is expressly excluded. Any law or
366 regulation which provides that the language of a con:tract shall
367 be construed against the drafter shall not apply to this License.
368 You agree that You alone are responsible for compliance with the
369 United States export administration regulations (and the export
370 control laws and regulation of any other countries) when You use,
371 distribute or otherwise make available any Covered Software.
372
373 10. RESPONSIBILITY FOR CLAIMS.
374
375 As between Initial Developer and the Contributors, each party is
376 responsible for claims and damages arising, directly or
377 indirectly, out of its utilization of rights under this License
378 and You agree to work with Initial Developer and Contributors to
379 distribute such responsibility on an equitable basis. Nothing
380 herein is intended or shall be deemed to constitute any admission
381 of liability.
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