1662N/ACopyright (C) 1989, 1991 Free Software Foundation, Inc.
1662N/A59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
1662N/AEveryone is permitted to copy and distribute verbatim copies
1662N/Aof this license document, but changing it is not allowed.
1662N/AThe licenses for most software are designed to take away your
1662N/Afreedom to share and change it. By contrast, the GNU General Public
1662N/ALicense is intended to guarantee your freedom to share and change free
1662N/Asoftware--to make sure the software is free for all its users. This
1662N/AGeneral Public License applies to most of the Free Software
1662N/AFoundation's software and to any other program whose authors commit to
1662N/Ausing it. (Some other Free Software Foundation software is covered by
1662N/Athe GNU Library General Public License instead.) You can apply it to
1662N/AWhen we speak of free software, we are referring to freedom, not
1662N/Aprice. Our General Public Licenses are designed to make sure that you
1662N/Ahave the freedom to distribute copies of free software (and charge for
1662N/Athis service if you wish), that you receive source code or can get it
1662N/Aif you want it, that you can change the software or use pieces of it
1662N/Ain new free programs; and that you know you can do these things.
1662N/ATo protect your rights, we need to make restrictions that forbid
1662N/Aanyone to deny you these rights or to ask you to surrender the rights.
1662N/AThese restrictions translate to certain responsibilities for you if you
1662N/Adistribute copies of the software, or if you modify it.
1662N/AFor example, if you distribute copies of such a program, whether
1662N/Agratis or for a fee, you must give the recipients all the rights that
1662N/Ayou have. You must make sure that they, too, receive or can get the
1662N/Asource code. And you must show them these terms so they know their
1662N/AWe protect your rights with two steps: (1) copyright the software, and
1662N/A(2) offer you this license which gives you legal permission to copy,
1662N/AAlso, for each author's protection and ours, we want to make certain
1662N/Athat everyone understands that there is no warranty for this free
1662N/Asoftware. If the software is modified by someone else and passed on, we
1662N/Awant its recipients to know that what they have is not the original, so
1662N/Athat any problems introduced by others will not reflect on the original
1662N/AFinally, any free program is threatened constantly by software
1662N/Apatents. We wish to avoid the danger that redistributors of a free
1662N/Aprogram will individually obtain patent licenses, in effect making the
1662N/Aprogram proprietary. To prevent this, we have made it clear that any
1662N/Apatent must be licensed for everyone's free use or not licensed at all.
1662N/AThe precise terms and conditions for copying, distribution and
1662N/ATERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
1662N/A0. This License applies to any program or other work which contains
1662N/Aa notice placed by the copyright holder saying it may be distributed
1662N/Aunder the terms of this General Public License. The "Program", below,
1662N/Arefers to any such program or work, and a "work based on the Program"
1662N/Ameans either the Program or any derivative work under copyright law:
1662N/Athat is to say, a work containing the Program or a portion of it,
1662N/Aeither verbatim or with modifications
and/or translated into another
1662N/Alanguage. (Hereinafter, translation is included without limitation in
1662N/Athe term "modification".) Each licensee is addressed as "you".
1662N/AActivities other than copying, distribution and modification are not
1662N/Acovered by this License; they are outside its scope. The act of
1662N/Arunning the Program is not restricted, and the output from the Program
1662N/Ais covered only if its contents constitute a work based on the
1662N/AProgram (independent of having been made by running the Program).
1662N/AWhether that is true depends on what the Program does.
1662N/A1. You may copy and distribute verbatim copies of the Program's
1662N/Asource code as you receive it, in any medium, provided that you
1662N/Aconspicuously and appropriately publish on each copy an appropriate
1662N/Acopyright notice and disclaimer of warranty; keep intact all the
1662N/Anotices that refer to this License and to the absence of any warranty;
1662N/Aand give any other recipients of the Program a copy of this License
1662N/AYou may charge a fee for the physical act of transferring a copy, and
1662N/Ayou may at your option offer warranty protection in exchange for a fee.
1662N/A2. You may modify your copy or copies of the Program or any portion
1662N/Aof it, thus forming a work based on the Program, and copy and
1662N/Adistribute such modifications or work under the terms of Section 1
1662N/Aabove, provided that you also meet all of these conditions:
1662N/Aa) You must cause the modified files to carry prominent notices
1662N/Astating that you changed the files and the date of any change.
1662N/Ab) You must cause any work that you distribute or publish, that in
1662N/Awhole or in part contains or is derived from the Program or any
1662N/Apart thereof, to be licensed as a whole at no charge to all third
1662N/Aparties under the terms of this License.
1662N/Ac) If the modified program normally reads commands interactively
1662N/Awhen run, you must cause it, when started running for such
1662N/Ainteractive use in the most ordinary way, to print or display an
1662N/Aannouncement including an appropriate copyright notice and a
1662N/Anotice that there is no warranty (or else, saying that you provide
1662N/Aa warranty) and that users may redistribute the program under
1662N/Athese conditions, and telling the user how to view a copy of this
1662N/ALicense. (Exception: if the Program itself is interactive but
1662N/Adoes not normally print such an announcement, your work based on
1662N/Athe Program is not required to print an announcement.)
1662N/AThese requirements apply to the modified work as a whole. If
1662N/Aidentifiable sections of that work are not derived from the Program,
1662N/Aand can be reasonably considered independent and separate works in
1662N/Athemselves, then this License, and its terms, do not apply to those
1662N/Asections when you distribute them as separate works. But when you
1662N/Adistribute the same sections as part of a whole which is a work based
1662N/Aon the Program, the distribution of the whole must be on the terms of
1662N/Athis License, whose permissions for other licensees extend to the
1662N/Aentire whole, and thus to each and every part regardless of who wrote it.
1662N/AThus, it is not the intent of this section to claim rights or contest
1662N/Ayour rights to work written entirely by you; rather, the intent is to
1662N/Aexercise the right to control the distribution of derivative or
1662N/Acollective works based on the Program.
1662N/AIn addition, mere aggregation of another work not based on the Program
1662N/Awith the Program (or with a work based on the Program) on a volume of
1662N/Aa storage or distribution medium does not bring the other work under
1662N/A3. You may copy and distribute the Program (or a work based on it,
1662N/Aunder Section 2) in object code or executable form under the terms of
1662N/ASections 1 and 2 above provided that you also do one of the following:
1662N/Aa) Accompany it with the complete corresponding machine-readable
1662N/Asource code, which must be distributed under the terms of Sections
1662N/A1 and 2 above on a medium customarily used for software interchange; or,
1662N/Ab) Accompany it with a written offer, valid for at least three
1662N/Ayears, to give any third party, for a charge no more than your
1662N/Acost of physically performing source distribution, a complete
1662N/Amachine-readable copy of the corresponding source code, to be
1662N/Adistributed under the terms of Sections 1 and 2 above on a medium
1662N/Acustomarily used for software interchange; or,
1662N/Ac) Accompany it with the information you received as to the offer
1662N/Ato distribute corresponding source code. (This alternative is
1662N/Aallowed only for noncommercial distribution and only if you
1662N/Areceived the program in object code or executable form with such
1662N/Aan offer, in accord with Subsection b above.)
1662N/AThe source code for a work means the preferred form of the work for
1662N/Amaking modifications to it. For an executable work, complete source
1662N/Acode means all the source code for all modules it contains, plus any
1662N/Aassociated interface definition files, plus the scripts used to
1662N/Acontrol compilation and installation of the executable. However, as a
1662N/Aspecial exception, the source code distributed need not include
1662N/Aanything that is normally distributed (in either source or binary
1662N/Aform) with the major components (compiler, kernel, and so on) of the
1662N/Aoperating system on which the executable runs, unless that component
1662N/Aitself accompanies the executable.
1662N/AIf distribution of executable or object code is made by offering
1662N/Aaccess to copy from a designated place, then offering equivalent
1662N/Aaccess to copy the source code from the same place counts as
1662N/Adistribution of the source code, even though third parties are not
1662N/Acompelled to copy the source along with the object code.
1662N/A4. You may not copy, modify, sublicense, or distribute the Program
1662N/Aexcept as expressly provided under this License. Any attempt
1662N/Aotherwise to copy, modify, sublicense or distribute the Program is
1662N/Avoid, and will automatically terminate your rights under this License.
1662N/AHowever, parties who have received copies, or rights, from you under
1662N/Athis License will not have their licenses terminated so long as such
1662N/Aparties remain in full compliance.
1662N/A5. You are not required to accept this License, since you have not
1662N/Asigned it. However, nothing else grants you permission to modify or
1662N/Adistribute the Program or its derivative works. These actions are
1662N/Aprohibited by law if you do not accept this License. Therefore, by
1662N/Amodifying or distributing the Program (or any work based on the
1662N/AProgram), you indicate your acceptance of this License to do so, and
1662N/Aall its terms and conditions for copying, distributing or modifying
1662N/Athe Program or works based on it.
1662N/A6. Each time you redistribute the Program (or any work based on the
1662N/AProgram), the recipient automatically receives a license from the
1662N/Aoriginal licensor to copy, distribute or modify the Program subject to
1662N/Athese terms and conditions. You may not impose any further
1662N/Arestrictions on the recipients' exercise of the rights granted herein.
1662N/AYou are not responsible for enforcing compliance by third parties to
1662N/A7. If, as a consequence of a court judgment or allegation of patent
1662N/Ainfringement or for any other reason (not limited to patent issues),
1662N/Aconditions are imposed on you (whether by court order, agreement or
1662N/Aotherwise) that contradict the conditions of this License, they do not
1662N/Aexcuse you from the conditions of this License. If you cannot
1662N/Adistribute so as to satisfy simultaneously your obligations under this
1662N/ALicense and any other pertinent obligations, then as a consequence you
1662N/Amay not distribute the Program at all. For example, if a patent
1662N/Alicense would not permit royalty-free redistribution of the Program by
1662N/Aall those who receive copies directly or indirectly through you, then
1662N/Athe only way you could satisfy both it and this License would be to
1662N/Arefrain entirely from distribution of the Program.
1662N/AIf any portion of this section is held invalid or unenforceable under
1662N/Aany particular circumstance, the balance of the section is intended to
1662N/Aapply and the section as a whole is intended to apply in other
1662N/AIt is not the purpose of this section to induce you to infringe any
1662N/Apatents or other property right claims or to contest validity of any
1662N/Asuch claims; this section has the sole purpose of protecting the
1662N/Aintegrity of the free software distribution system, which is
1662N/Aimplemented by public license practices. Many people have made
1662N/Agenerous contributions to the wide range of software distributed
1662N/Athrough that system in reliance on consistent application of that
1662N/Ato distribute software through any other system and a licensee cannot
1662N/AThis section is intended to make thoroughly clear what is believed to
1662N/Abe a consequence of the rest of this License.
1662N/A8. If the distribution
and/or use of the Program is restricted in
1662N/Acertain countries either by patents or by copyrighted interfaces, the
1662N/Aoriginal copyright holder who places the Program under this License
1662N/Amay add an explicit geographical distribution limitation excluding
1662N/Athose countries, so that distribution is permitted only in or among
1662N/Acountries not thus excluded. In such case, this License incorporates
1662N/Athe limitation as if written in the body of this License.
1662N/A9. The Free Software Foundation may publish revised
and/or new versions
1662N/Aof the General Public License from time to time. Such new versions will
1662N/Abe similar in spirit to the present version, but may differ in detail to
1662N/Aaddress new problems or concerns.
1662N/AEach version is given a distinguishing version number. If the Program
1662N/Aspecifies a version number of this License which applies to it and "any
1662N/Alater version", you have the option of following the terms and conditions
1662N/Aeither of that version or of any later version published by the Free
1662N/ASoftware Foundation. If the Program does not specify a version number of
1662N/Athis License, you may choose any version ever published by the Free Software
1662N/A10. If you wish to incorporate parts of the Program into other free
1662N/Aprograms whose distribution conditions are different, write to the author
1662N/Ato ask for permission. For software which is copyrighted by the Free
1662N/ASoftware Foundation, write to the Free Software Foundation; we sometimes
1662N/Amake exceptions for this. Our decision will be guided by the two goals
1662N/Aof preserving the free status of all derivatives of our free software and
1662N/Aof promoting the sharing and reuse of software generally.
1662N/A11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY
1662N/AFOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN
1662N/AOTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES
1662N/APROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
1662N/AOR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
1662N/AMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS
1662N/ATO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE
1662N/APROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
1662N/A12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING
1662N/AWILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
AND/OR 1662N/AREDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES,
1662N/AINCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
1662N/AOUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED
1662N/ATO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY
1662N/AYOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER
1662N/APROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE
1662N/APOSSIBILITY OF SUCH DAMAGES.
1662N/AHow to Apply These Terms to Your New Programs
1662N/AIf you develop a new program, and you want it to be of the greatest
1662N/Apossible use to the public, the best way to achieve this is to make it
1662N/Afree software which everyone can redistribute and change under these terms.
1662N/ATo do so, attach the following notices to the program. It is safest
1662N/Ato attach them to the start of each source file to most effectively
1662N/Aconvey the exclusion of warranty; and each file should have at least
1662N/Athe "copyright" line and a pointer to where the full notice is found.
1662N/A<one line to give the program's name and a brief idea of what it does.>
1662N/ACopyright (C) <year> <name of author>
1662N/AThis program is free software; you can redistribute it
and/or modify
1662N/Ait under the terms of the GNU General Public License as published by
1662N/Athe Free Software Foundation; either version 2 of the License, or
1662N/A(at your option) any later version.
1662N/AThis program is distributed in the hope that it will be useful,
1662N/Abut WITHOUT ANY WARRANTY; without even the implied warranty of
1662N/AMERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the
1662N/AGNU General Public License for more details.
1662N/AYou should have received a copy of the GNU General Public License
1662N/Aalong with this program; if not, write to the Free Software
1662N/AFoundation, Inc., 59 Temple Place, Suite 330, Boston, MA 02111-1307 USA
1662N/AAlso add information on how to contact you by electronic and paper mail.
1662N/AIf the program is interactive, make it output a short notice like this
1662N/Awhen it starts in an interactive mode:
1662N/AGnomovision version 69, Copyright (C) year name of author
1662N/AGnomovision comes with ABSOLUTELY NO WARRANTY; for details type `show w'.
1662N/AThis is free software, and you are welcome to redistribute it
1662N/Aunder certain conditions; type `show c' for details.
1662N/AThe hypothetical commands `show w' and `show c' should show the appropriate
1662N/Aparts of the General Public License. Of course, the commands you use may
1662N/Abe called something other than `show w' and `show c'; they could even be
1662N/Amouse-clicks or menu items--whatever suits your program.
1662N/AYou should also get your employer (if you work as a programmer) or your
1662N/Aschool, if any, to sign a "copyright disclaimer" for the program, if
1662N/Anecessary. Here is a sample; alter the names:
1662N/AYoyodyne, Inc., hereby disclaims all copyright interest in the program
1662N/A`Gnomovision' (which makes passes at compilers) written by James Hacker.
1662N/A<signature of Ty Coon>, 1 April 1989
1662N/AThis General Public License does not permit incorporating your program into
1662N/Aproprietary programs. If your program is a subroutine library, you may
1662N/Aconsider it more useful to permit linking proprietary applications with the
1662N/Alibrary. If this is what you want to do, use the GNU Library General
1662N/APublic License instead of this License.
1662N/ACOMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
1662N/A1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications.
1662N/A1.2. “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.
1662N/A1.3. “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.
1662N/A1.4. “Executable” means the Covered Software in any form other than Source Code.
1662N/A1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License.
1662N/A1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms of this License.
1662N/A1.7. “License” means this document.
1662N/A1.8. “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.
1662N/A1.9. “Modifications” means the Source Code and Executable form of any of the following:
1662N/A 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;
1662N/A B. Any new file that contains any part of the Original Software or previous Modification; or
1662N/A C. Any new file that is contributed or otherwise made available under the terms of this License.
1662N/A1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally released under this License.
1662N/A1.11. “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.
1662N/A1.12. “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.
1662N/A1.13. “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.
1662N/A2.1. The Initial Developer Grant.
1662N/AConditioned 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:
1662N/A (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
1662N/A (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).
1662N/A (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.
1662N/A (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.
1662N/AConditioned 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:
1662N/A (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
1662N/A (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).
1662N/A (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.
1662N/A (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.
1662N/A3. Distribution Obligations.
1662N/A3.1. Availability of Source Code.
1662N/AAny 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.
1662N/AThe 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.
1662N/AYou 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.
1662N/A3.4. Application of Additional Terms.
1662N/AYou 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.
1662N/A3.5. Distribution of Executable Versions.
1662N/AYou 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.
1662N/AYou 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.
1662N/ASun 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.
1662N/A4.2. Effect of New Versions.
1662N/AYou 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.
1662N/AWhen 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.
1662N/ACOVERED 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.
1662N/A6.1. 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.
1662N/A6.2. 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.
1662N/A6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license.
1662N/A6.4. 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.
1662N/AUNDER 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 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.
1662N/AThe 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.
1662N/AThis 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.
1662N/A10. RESPONSIBILITY FOR CLAIMS.
1662N/AAs 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.
1662N/A________________________________________
1662N/ANOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
1662N/AThe OpenSolaris code released under the CDDL shall be governed by the laws of the State of California (excluding conflict-of-law provisions). Any litigation relating to this License shall be subject to the jurisdiction of the Federal Courts of the Northern District of California and the state courts of the State of California, with venue lying in Santa Clara County, California.