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