1516N/AUnless otherwise noted, all files in this distribution are released
50N/Aunder the Common Development and Distribution License (CDDL),
50N/AVersion 1.0 only. Exceptions are noted within the associated
50N/A--------------------------------------------------------------------
50N/ACOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
50N/A 1.1. "Contributor" means each individual or entity that creates
50N/A or contributes to the creation of Modifications.
50N/A 1.2. "Contributor Version" means the combination of the Original
50N/A Software, prior Modifications used by a Contributor (if any),
50N/A and the Modifications made by that particular Contributor.
50N/A 1.3. "Covered Software" means (a) the Original Software, or (b)
50N/A Modifications, or (c) the combination of files containing
50N/A Original Software with files containing Modifications, in
926N/A each case including portions thereof.
926N/A 1.4. "Executable" means the Covered Software in any form other
1505N/A 1.5. "Initial Developer" means the individual or entity that first
2205N/A makes Original Software available under this License.
462N/A 1.6. "Larger Work" means a work which combines Covered Software or
2339N/A portions thereof with code not governed by the terms of this
2608N/A 1.7. "License" means this document.
1431N/A 1.8. "Licensable" means having the right to grant, to the maximum
1431N/A extent possible, whether at the time of the initial grant or
1431N/A subsequently acquired, any and all of the rights conveyed
2089N/A 1.9. "Modifications" means the Source Code and Executable form of
2410N/A A. Any file that results from an addition to, deletion from or
2410N/A modification of the contents of a file containing Original
2089N/A Software or previous Modifications;
2089N/A B. Any new file that contains any part of the Original
2089N/A Software or previous Modifications; or
2089N/A C. Any new file that is contributed or otherwise made
1505N/A available under the terms of this License.
1505N/A 1.10. "Original Software" means the Source Code and Executable
2453N/A form of computer software code that is originally released
462N/A 1.11. "Patent Claims" means any patent claim(s), now owned or
2205N/A hereafter acquired, including without limitation, method,
2205N/A process, and apparatus claims, in any patent Licensable by
2205N/A 1.12. "Source Code" means (a) the common form of computer software
2205N/A code in which modifications are made and (b) associated
2205N/A documentation included in or with such code.
50N/A 1.13. "You" (or "Your") means an individual or a legal entity
2339N/A exercising rights under, and complying with all of the terms
2339N/A of, this License. For legal entities, "You" includes any
2339N/A entity which controls, is controlled by, or is under common
2339N/A control with You. For purposes of this definition,
2339N/A "control" means (a) the power, direct or indirect, to cause
2339N/A the direction or management of such entity, whether by
2339N/A contract or otherwise, or (b) ownership of more than fifty
2339N/A percent (50%) of the outstanding shares or beneficial
1505N/A 2.1. The Initial Developer Grant.
1505N/A Conditioned upon Your compliance with Section 3.1 below and
1505N/A subject to third party intellectual property claims, the Initial
1505N/A Developer hereby grants You a world-wide, royalty-free,
2453N/A (a) under intellectual property rights (other than patent or
2453N/A trademark) Licensable by Initial Developer, to use,
2453N/A reproduce, modify, display, perform, sublicense and
2453N/A distribute the Original Software (or portions thereof),
2453N/A with or without Modifications,
and/or as part of a Larger
2453N/A (b) under Patent Claims infringed by the making, using or
2453N/A selling of Original Software, to make, have made, use,
2339N/A dispose of the Original Software (or portions thereof).
2339N/A (c) The licenses granted in Sections 2.1(a) and (b) are
2339N/A effective on the date Initial Developer first distributes
2453N/A or otherwise makes the Original Software available to a
2339N/A third party under the terms of this License.
2339N/A (d) Notwithstanding Section 2.1(b) above, no patent license is
2339N/A granted: (1) for code that You delete from the Original
2339N/A Software, or (2) for infringements caused by: (i) the
2339N/A modification of the Original Software, or (ii) the
2339N/A combination of the Original Software with other software
2228N/A Conditioned upon Your compliance with Section 3.1 below and
2089N/A subject to third party intellectual property claims, each
2339N/A Contributor hereby grants You a world-wide, royalty-free,
2339N/A (a) under intellectual property rights (other than patent or
2339N/A trademark) Licensable by Contributor to use, reproduce,
1505N/A modify, display, perform, sublicense and distribute the
1505N/A Modifications created by such Contributor (or portions
50N/A thereof), either on an unmodified basis, with other
50N/A Modifications, as Covered Software
and/or as part of a
2038N/A (b) under Patent Claims infringed by the making, using, or
1505N/A selling of Modifications made by that Contributor either
2089N/A (or portions of such combination), to make, use, sell,
50N/A offer for sale, have made,
and/or otherwise dispose of:
1784N/A (1) Modifications made by that Contributor (or portions
1784N/A thereof); and (2) the combination of Modifications made by
1784N/A that Contributor with its Contributor Version (or portions
1784N/A (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
1505N/A effective on the date Contributor first distributes or
1505N/A otherwise makes the Modifications available to a third
1859N/A (d) Notwithstanding Section 2.2(b) above, no patent license is
1859N/A granted: (1) for any code that Contributor has deleted
1859N/A from the Contributor Version; (2) for infringements caused
1859N/A by: (i) third party modifications of Contributor Version,
1859N/A or (ii) the combination of Modifications made by that
1859N/A Contributor with other software (except as part of the
1842N/A Contributor Version) or other devices; or (3) under Patent
1842N/A Claims infringed by Covered Software in the absence of
1842N/A Modifications made by that Contributor.
1505N/A3. Distribution Obligations.
50N/A 3.1. Availability of Source Code.
1924N/A Any Covered Software that You distribute or otherwise make
1924N/A available in Executable form must also be made available in Source
2205N/A Code form and that Source Code form must be distributed only under
2205N/A the terms of this License. You must include a copy of this
2038N/A License with every copy of the Source Code form of the Covered
2453N/A Software You distribute or otherwise make available. You must
307N/A inform recipients of any such Covered Software in Executable form
1505N/A as to how they can obtain such Covered Software in Source Code
1505N/A form in a reasonable manner on or through a medium customarily
111N/A used for software exchange.
584N/A The Modifications that You create or to which You contribute are
598N/A governed by the terms of this License. You represent that You
598N/A believe Your Modifications are Your original creation(s)
and/or 1505N/A You have sufficient rights to grant the rights conveyed by this
1505N/A You must include a notice in each of Your Modifications that
1505N/A identifies You as the Contributor of the Modification. You may
2519N/A not remove or alter any copyright, patent or trademark notices
2519N/A contained within the Covered Software, or any notices of licensing
2339N/A or any descriptive text giving attribution to any Contributor or
2339N/A 3.4. Application of Additional Terms.
2228N/A You may not offer or impose any terms on any Covered Software in
2293N/A Source Code form that alters or restricts the applicable version
2339N/A of this License or the recipients' rights hereunder. You may
2407N/A choose to offer, and to charge a fee for, warranty, support,
2407N/A indemnity or liability obligations to one or more recipients of
2407N/A Covered Software. However, you may do so only on Your own behalf,
2407N/A and not on behalf of the Initial Developer or any Contributor.
2339N/A You must make it absolutely clear that any such warranty, support,
2339N/A indemnity or liability obligation is offered by You alone, and You
2339N/A hereby agree to indemnify the Initial Developer and every
2339N/A Contributor for any liability incurred by the Initial Developer or
2339N/A such Contributor as a result of warranty, support, indemnity or
2339N/A 3.5. Distribution of Executable Versions.
2339N/A You may distribute the Executable form of the Covered Software
2339N/A under the terms of this License or under the terms of a license of
2339N/A Your choice, which may contain terms different from this License,
2339N/A provided that You are in compliance with the terms of this License
2339N/A and that the license for the Executable form does not attempt to
2339N/A limit or alter the recipient's rights in the Source Code form from
2339N/A the rights set forth in this License. If You distribute the
2339N/A Covered Software in Executable form under a different license, You
2339N/A must make it absolutely clear that any terms which differ from
2339N/A this License are offered by You alone, not by the Initial
2339N/A Developer or Contributor. You hereby agree to indemnify the
2339N/A Initial Developer and every Contributor for any liability incurred
2339N/A by the Initial Developer or such Contributor as a result of any
63N/A You may create a Larger Work by combining Covered Software with
1505N/A other code not governed by the terms of this License and
1505N/A distribute the Larger Work as a single product. In such a case,
2038N/A You must make sure the requirements of this License are fulfilled
2339N/A Sun Microsystems, Inc. is the initial license steward and may
2339N/A publish revised
and/or new versions of this License from time to
1505N/A time. Each version will be given a distinguishing version number.
1505N/A Except as provided in Section 4.3, no one other than the license
2339N/A steward has the right to modify this License.
1505N/A 4.2. Effect of New Versions.
2339N/A You may always continue to use, distribute or otherwise make the
1505N/A Covered Software available under the terms of the version of the
2453N/A License under which You originally received the Covered Software.
2453N/A If the Initial Developer includes a notice in the Original
2500N/A Software prohibiting it from being distributed or otherwise made
2453N/A available under any subsequent version of the License, You must
1505N/A distribute and make the Covered Software available under the terms
1505N/A of the version of the License under which You originally received
2034N/A the Covered Software. Otherwise, You may also choose to use,
2453N/A distribute or otherwise make the Covered Software available under
2500N/A the terms of any subsequent version of the License published by
2500N/A When You are an Initial Developer and You want to create a new
2500N/A license for Your Original Software, You may create and use a
2500N/A modified version of this License if You: (a) rename the license
2453N/A and remove any references to the name of the license steward
2453N/A (except to note that the license differs from this License); and
2453N/A (b) otherwise make it clear that the license contains terms which
2453N/A COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
2453N/A BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
2453N/A INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
2453N/A SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
2453N/A PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
2453N/A PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
2453N/A COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
2453N/A INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
2500N/A NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
2500N/A WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
2453N/A ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
2453N/A 6.1. This License and the rights granted hereunder will terminate
2453N/A automatically if You fail to comply with terms herein and fail to
2453N/A cure such breach within 30 days of becoming aware of the breach.
2453N/A Provisions which, by their nature, must remain in effect beyond
2453N/A the termination of this License shall survive.
2453N/A 6.2. If You assert a patent infringement claim (excluding
2453N/A declaratory judgment actions) against Initial Developer or a
2453N/A Contributor (the Initial Developer or Contributor against whom You
2453N/A assert such claim is referred to as "Participant") alleging that
2453N/A the Participant Software (meaning the Contributor Version where
2453N/A the Participant is a Contributor or the Original Software where
2453N/A the Participant is the Initial Developer) directly or indirectly
2453N/A infringes any patent, then any and all rights granted directly or
2453N/A indirectly to You by such Participant, the Initial Developer (if
2453N/A the Initial Developer is not the Participant) and all Contributors
2453N/A under Sections 2.1
and/or 2.2 of this License shall, upon 60 days
2453N/A notice from Participant terminate prospectively and automatically
2453N/A at the expiration of such 60 day notice period, unless if within
2453N/A such 60 day period You withdraw Your claim with respect to the
2453N/A Participant Software against such Participant either unilaterally
2500N/A or pursuant to a written agreement with Participant.
2500N/A 6.3. In the event of termination under Sections 6.1 or 6.2 above,
2500N/A all end user licenses that have been validly granted by You or any
2500N/A distributor hereunder prior to termination (excluding licenses
2500N/A granted to You by any distributor) shall survive termination.
2500N/A UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
2500N/A (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
2500N/A INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
2500N/A COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
2500N/A LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
2500N/A CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
2500N/A LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
2500N/A STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
2500N/A COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
2453N/A INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
2453N/A LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
2500N/A INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
2500N/A APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
2453N/A NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
2453N/A CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
2453N/A The Covered Software is a "commercial item," as that term is
2453N/A defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of "commercial
2453N/A computer software" (as that term is defined at 48
2453N/A C.F.R. 252.227-7014(a)(1)) and "commercial computer software
2500N/A documentation" as such terms are used in 48
C.F.R. 12.212
2453N/A U.S. Government End Users acquire Covered Software with only those
2500N/A rights set forth herein. This
U.S. Government Rights clause is in
2500N/A lieu of, and supersedes, any other FAR, DFAR, or other clause or
2453N/A provision that addresses Government rights in computer software
2453N/A This License represents the complete agreement concerning subject
2453N/A matter hereof. If any provision of this License is held to be
2453N/A unenforceable, such provision shall be reformed only to the extent
2293N/A necessary to make it enforceable. This License shall be governed
2293N/A by the law of the jurisdiction specified in a notice contained
2293N/A within the Original Software (except to the extent applicable law,
2293N/A if any, provides otherwise), excluding such jurisdiction's
2293N/A conflict-of-law provisions. Any litigation relating to this
2293N/A License shall be subject to the jurisdiction of the courts located
2293N/A in the jurisdiction and venue specified in a notice contained
2293N/A within the Original Software, with the losing party responsible
2293N/A for costs, including, without limitation, court costs and
2293N/A reasonable attorneys' fees and expenses. The application of the
2034N/A United Nations Convention on Contracts for the International Sale
2446N/A of Goods is expressly excluded. Any law or regulation which
2446N/A provides that the language of a contract shall be construed
2446N/A against the drafter shall not apply to this License. You agree
2446N/A that You alone are responsible for compliance with the United
2446N/A States export administration regulations (and the export control
2446N/A laws and regulation of any other countries) when You use,
2446N/A distribute or otherwise make available any Covered Software.
2034N/A10. RESPONSIBILITY FOR CLAIMS.
2034N/A As between Initial Developer and the Contributors, each party is
2034N/A responsible for claims and damages arising, directly or
2500N/A indirectly, out of its utilization of rights under this License
2500N/A and You agree to work with Initial Developer and Contributors to
2500N/A distribute such responsibility on an equitable basis. Nothing
2519N/A herein is intended or shall be deemed to constitute any admission
2500N/A--------------------------------------------------------------------
1505N/ANOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
1505N/AFor Covered Software in this distribution, this License shall
50N/Abe governed by the laws of the State of California (excluding
50N/Aconflict-of-law provisions).
1505N/AAny litigation relating to this License shall be subject to the
1505N/Ajurisdiction of the Federal Courts of the Northern District of
2038N/ACalifornia and the state courts of the State of California, with
1505N/Avenue lying in Santa Clara County, California.