1N/ACOMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1N/A 1.1. �Contributor� means each individual or entity that
1N/A creates or contributes to the creation of Modifications.
1N/A 1.2. �Contributor Version� means the combination of the
1N/A Original Software, prior Modifications used by a
1N/A Contributor (if any), and the Modifications made by that
1N/A particular Contributor.
1N/A 1.3. �Covered Software� means (a) the Original Software, or
1N/A (b) Modifications, or (c) the combination of files
1N/A containing Original Software with files containing
1N/A Modifications, in each case including portions thereof.
1N/A 1.4. �Executable� means the Covered Software in any form
1N/A other than Source Code.
1N/A 1.5. �Initial Developer� means the individual or entity
1N/A that first makes Original Software available under this
1N/A 1.6. �Larger Work� means a work which combines Covered
1N/A Software or portions thereof with code not governed by the
1N/A terms of this License.
1N/A 1.7. �License� means this document.
1N/A 1.8. �Licensable� means having the right to grant, to the
1N/A maximum extent possible, whether at the time of the initial
1N/A grant or subsequently acquired, any and all of the rights
1N/A 1.9. �Modifications� means the Source Code and Executable
1N/A form of any of the following:
1N/A A. Any file that results from an addition to,
1N/A deletion from or modification of the contents of a
1N/A file containing Original Software or previous
1N/A B. Any new file that contains any part of the
1N/A Original Software or previous Modification; or
1N/A C. Any new file that is contributed or otherwise made
1N/A available under the terms of this License.
1N/A 1.10. �Original Software� means the Source Code and
1N/A Executable form of computer software code that is
1N/A originally released under this License.
1N/A 1.11. �Patent Claims� means any patent claim(s), now owned
1N/A or hereafter acquired, including without limitation,
1N/A method, process, and apparatus claims, in any patent
1N/A Licensable by grantor.
1N/A 1.12. �Source Code� means (a) the common form of computer
1N/A software code in which modifications are made and (b)
1N/A associated documentation included in or with such code.
1N/A 1.13. �You� (or �Your�) means an individual or a legal
1N/A entity exercising rights under, and complying with all of
1N/A the terms of, this License. For legal entities, �You�
1N/A includes any entity which controls, is controlled by, or is
1N/A under common control with You. For purposes of this
1N/A definition, �control� means (a) the power, direct or
1N/A indirect, to cause the direction or management of such
1N/A entity, whether by contract or otherwise, or (b) ownership
1N/A of more than fifty percent (50%) of the outstanding shares
1N/A or beneficial ownership of such entity.
1N/A 2.1. The Initial Developer Grant.
1N/A Conditioned upon Your compliance with Section 3.1 below and
1N/A subject to third party intellectual property claims, the
1N/A Initial Developer hereby grants You a world-wide,
1N/A royalty-free, non-exclusive license:
1N/A (a) under intellectual property rights (other than
1N/A patent or trademark) Licensable by Initial Developer,
1N/A to use, reproduce, modify, display, perform,
1N/A sublicense and distribute the Original Software (or
1N/A portions thereof), with or without Modifications,
1N/A (b) under Patent Claims infringed by the making,
1N/A using or selling of Original Software, to make, have
1N/A made, use, practice, sell, and offer for sale,
and/or 1N/A otherwise dispose of the Original Software (or
1N/A (c) The licenses granted in Sections 2.1(a) and (b)
1N/A are effective on the date Initial Developer first
1N/A distributes or otherwise makes the Original Software
1N/A available to a third party under the terms of this
1N/A (d) Notwithstanding Section 2.1(b) above, no patent
1N/A license is granted: (1) for code that You delete from
1N/A the Original Software, or (2) for infringements
1N/A caused by: (i) the modification of the Original
1N/A Software, or (ii) the combination of the Original
1N/A Software with other software or devices.
1N/A 2.2. Contributor Grant.
1N/A Conditioned upon Your compliance with Section 3.1 below and
1N/A subject to third party intellectual property claims, each
1N/A Contributor hereby grants You a world-wide, royalty-free,
1N/A non-exclusive license:
1N/A (a) under intellectual property rights (other than
1N/A patent or trademark) Licensable by Contributor to
1N/A use, reproduce, modify, display, perform, sublicense
1N/A and distribute the Modifications created by such
1N/A Contributor (or portions thereof), either on an
1N/A unmodified basis, with other Modifications, as
1N/A Covered Software
and/or as part of a Larger Work; and
1N/A (b) under Patent Claims infringed by the making,
1N/A using, or selling of Modifications made by that
1N/A Contributor either alone
and/or in combination with
1N/A its Contributor Version (or portions of such
1N/A combination), to make, use, sell, offer for sale,
1N/A Modifications made by that Contributor (or portions
1N/A thereof); and (2) the combination of Modifications
1N/A made by that Contributor with its Contributor Version
1N/A (or portions of such combination).
1N/A (c) The licenses granted in Sections 2.2(a) and
1N/A 2.2(b) are effective on the date Contributor first
1N/A distributes or otherwise makes the Modifications
1N/A available to a third party.
1N/A (d) Notwithstanding Section 2.2(b) above, no patent
1N/A license is granted: (1) for any code that Contributor
1N/A has deleted from the Contributor Version; (2) for
1N/A infringements caused by: (i) third party
1N/A modifications of Contributor Version, or (ii) the
1N/A combination of Modifications made by that Contributor
1N/A with other software (except as part of the
1N/A Contributor Version) or other devices; or (3) under
1N/A Patent Claims infringed by Covered Software in the
1N/A absence of Modifications made by that Contributor.
1N/A 3. Distribution Obligations.
1N/A 3.1. Availability of Source Code.
1N/A Any Covered Software that You distribute or otherwise make
1N/A available in Executable form must also be made available in
1N/A Source Code form and that Source Code form must be
1N/A distributed only under the terms of this License. You must
1N/A include a copy of this License with every copy of the
1N/A Source Code form of the Covered Software You distribute or
1N/A otherwise make available. You must inform recipients of any
1N/A such Covered Software in Executable form as to how they can
1N/A obtain such Covered Software in Source Code form in a
1N/A reasonable manner on or through a medium customarily used
1N/A for software exchange.
1N/A The Modifications that You create or to which You
1N/A contribute are governed by the terms of this License. You
1N/A represent that You believe Your Modifications are Your
1N/A original creation(s)
and/or You have sufficient rights to
1N/A grant the rights conveyed by this License.
1N/A 3.3. Required Notices.
1N/A You must include a notice in each of Your Modifications
1N/A that identifies You as the Contributor of the Modification.
1N/A You may not remove or alter any copyright, patent or
1N/A trademark notices contained within the Covered Software, or
1N/A any notices of licensing or any descriptive text giving
1N/A attribution to any Contributor or the Initial Developer.
1N/A 3.4. Application of Additional Terms.
1N/A You may not offer or impose any terms on any Covered
1N/A Software in Source Code form that alters or restricts the
1N/A applicable version of this License or the recipients�
1N/A rights hereunder. You may choose to offer, and to charge a
1N/A fee for, warranty, support, indemnity or liability
1N/A obligations to one or more recipients of Covered Software.
1N/A However, you may do so only on Your own behalf, and not on
1N/A behalf of the Initial Developer or any Contributor. You
1N/A must make it absolutely clear that any such warranty,
1N/A support, indemnity or liability obligation is offered by
1N/A You alone, and You hereby agree to indemnify the Initial
1N/A Developer and every Contributor for any liability incurred
1N/A by the Initial Developer or such Contributor as a result of
1N/A warranty, support, indemnity or liability terms You offer.
1N/A 3.5. Distribution of Executable Versions.
1N/A You may distribute the Executable form of the Covered
1N/A Software under the terms of this License or under the terms
1N/A of a license of Your choice, which may contain terms
1N/A different from this License, provided that You are in
1N/A compliance with the terms of this License and that the
1N/A license for the Executable form does not attempt to limit
1N/A or alter the recipient�s rights in the Source Code form
1N/A from the rights set forth in this License. If You
1N/A distribute the Covered Software in Executable form under a
1N/A different license, You must make it absolutely clear that
1N/A any terms which differ from this License are offered by You
1N/A alone, not by the Initial Developer or Contributor. You
1N/A hereby agree to indemnify the Initial Developer and every
1N/A Contributor for any liability incurred by the Initial
1N/A Developer or such Contributor as a result of any such terms
1N/A You may create a Larger Work by combining Covered Software
1N/A with other code not governed by the terms of this License
1N/A and distribute the Larger Work as a single product. In such
1N/A a case, You must make sure the requirements of this License
1N/A are fulfilled for the Covered Software.
1N/A 4. Versions of the License.
1N/A Sun Microsystems, Inc. is the initial license steward and
1N/A may publish revised
and/or new versions of this License
1N/A from time to time. Each version will be given a
1N/A distinguishing version number. Except as provided in
1N/A Section 4.3, no one other than the license steward has the
1N/A right to modify this License.
1N/A 4.2. Effect of New Versions.
1N/A You may always continue to use, distribute or otherwise
1N/A make the Covered Software available under the terms of the
1N/A version of the License under which You originally received
1N/A the Covered Software. If the Initial Developer includes a
1N/A notice in the Original Software prohibiting it from being
1N/A distributed or otherwise made available under any
1N/A subsequent version of the License, You must distribute and
1N/A make the Covered Software available under the terms of the
1N/A version of the License under which You originally received
1N/A the Covered Software. Otherwise, You may also choose to
1N/A use, distribute or otherwise make the Covered Software
1N/A available under the terms of any subsequent version of the
1N/A License published by the license steward.
1N/A 4.3. Modified Versions.
1N/A When You are an Initial Developer and You want to create a
1N/A new license for Your Original Software, You may create and
1N/A use a modified version of this License if You: (a) rename
1N/A the license and remove any references to the name of the
1N/A license steward (except to note that the license differs
1N/A from this License); and (b) otherwise make it clear that
1N/A the license contains terms which differ from this License.
1N/A 5. DISCLAIMER OF WARRANTY.
1N/A COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN �AS IS�
1N/A BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
1N/A INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
1N/A SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
1N/A PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
1N/A PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
1N/A COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
1N/A INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
1N/A ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
1N/A WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
1N/A ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
1N/A 6.1. This License and the rights granted hereunder will
1N/A terminate automatically if You fail to comply with terms
1N/A herein and fail to cure such breach within 30 days of
1N/A becoming aware of the breach. Provisions which, by their
1N/A nature, must remain in effect beyond the termination of
1N/A this License shall survive.
1N/A 6.2. If You assert a patent infringement claim (excluding
1N/A declaratory judgment actions) against Initial Developer or
1N/A a Contributor (the Initial Developer or Contributor against
1N/A whom You assert such claim is referred to as �Participant�)
1N/A alleging that the Participant Software (meaning the
1N/A Contributor Version where the Participant is a Contributor
1N/A or the Original Software where the Participant is the
1N/A Initial Developer) directly or indirectly infringes any
1N/A patent, then any and all rights granted directly or
1N/A indirectly to You by such Participant, the Initial
1N/A Developer (if the Initial Developer is not the Participant)
1N/A and all Contributors under Sections 2.1
and/or 2.2 of this
1N/A License shall, upon 60 days notice from Participant
1N/A terminate prospectively and automatically at the expiration
1N/A of such 60 day notice period, unless if within such 60 day
1N/A period You withdraw Your claim with respect to the
1N/A Participant Software against such Participant either
1N/A unilaterally or pursuant to a written agreement with
1N/A 6.3. In the event of termination under Sections 6.1 or 6.2
1N/A above, all end user licenses that have been validly granted
1N/A by You or any distributor hereunder prior to termination
1N/A (excluding licenses granted to You by any distributor)
1N/A shall survive termination.
1N/A 7. LIMITATION OF LIABILITY.
1N/A UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
1N/A (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
1N/A INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
1N/A COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
1N/A LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
1N/A CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
1N/A LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
1N/A STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
1N/A COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
1N/A INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
1N/A LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
1N/A INJURY RESULTING FROM SUCH PARTY�S NEGLIGENCE TO THE EXTENT
1N/A APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
1N/A NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
1N/A CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
1N/A The Covered Software is a �commercial item,� as that term is
1N/A defined in 48
C.F.R. 2.101 (Oct. 1995), consisting of �commercial
1N/A computer software� (as that term is defined at 48
C.F.R. �
1N/A 252.227-7014(a)(1)) and �commercial computer software
1N/A documentation� as such terms are used in 48
C.F.R. 12.212 (Sept.
1N/A through 227.7202-4 (June 1995), all
U.S. Government End Users
1N/A acquire Covered Software with only those rights set forth herein.
1N/A This
U.S. Government Rights clause is in lieu of, and supersedes,
1N/A any other FAR, DFAR, or other clause or provision that addresses
1N/A Government rights in computer software under this License.
1N/A This License represents the complete agreement concerning subject
1N/A matter hereof. If any provision of this License is held to be
1N/A unenforceable, such provision shall be reformed only to the
1N/A extent necessary to make it enforceable. This License shall be
1N/A governed by the law of the jurisdiction specified in a notice
1N/A contained within the Original Software (except to the extent
1N/A applicable law, if any, provides otherwise), excluding such
1N/A jurisdiction�s conflict-of-law provisions. Any litigation
1N/A relating to this License shall be subject to the jurisdiction of
1N/A the courts located in the jurisdiction and venue specified in a
1N/A notice contained within the Original Software, with the losing
1N/A party responsible for costs, including, without limitation, court
1N/A costs and reasonable attorneys� fees and expenses. The
1N/A application of the United Nations Convention on Contracts for the
1N/A International Sale of Goods is expressly excluded. Any law or
1N/A regulation which provides that the language of a contract shall
1N/A be construed against the drafter shall not apply to this License.
1N/A You agree that You alone are responsible for compliance with the
1N/A United States export administration regulations (and the export
1N/A control laws and regulation of any other countries) when You use,
1N/A distribute or otherwise make available any Covered Software.
1N/A 10. RESPONSIBILITY FOR CLAIMS.
1N/A As between Initial Developer and the Contributors, each party is
1N/A responsible for claims and damages arising, directly or
1N/A indirectly, out of its utilization of rights under this License
1N/A and You agree to work with Initial Developer and Contributors to
1N/A distribute such responsibility on an equitable basis. Nothing
1N/A herein is intended or shall be deemed to constitute any admission