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| | | Unless otherwise noted, all files in this distribution are released |
| | | under the Common Development and Distribution License (CDDL). |
| | | Exceptions are noted within the associated source files. |
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| | | |
| | | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 |
| | | |
| | | 1. Definitions. |
| | | |
| | | 1.1. "Contributor" means each individual or entity that creates |
| | | or contributes to the creation of Modifications. |
| | | |
| | | 1.2. "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. |
| | | |
| | | 1.3. "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. |
| | | |
| | | 1.4. "Executable" means the Covered Software in any form other |
| | | than Source Code. |
| | | |
| | | 1.5. "Initial Developer" means the individual or entity that first |
| | | makes Original Software available under this License. |
| | | |
| | | 1.6. "Larger Work" means a work which combines Covered Software or |
| | | portions thereof with code not governed by the terms of this |
| | | License. |
| | | |
| | | 1.7. "License" means this document. |
| | | |
| | | 1.8. "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. |
| | | |
| | | 1.9. "Modifications" means the Source Code and Executable form of |
| | | any of the following: |
| | | |
| | | 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; |
| | | |
| | | B. Any new file that contains any part of the Original |
| | | Software or previous Modifications; or |
| | | |
| | | C. Any new file that is contributed or otherwise made |
| | | available under the terms of this License. |
| | | |
| | | 1.10. "Original Software" means the Source Code and Executable |
| | | form of computer software code that is originally released |
| | | under this License. |
| | | |
| | | 1.11. "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. |
| | | |
| | | 1.12. "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. |
| | | |
| | | 1.13. "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. |
| | | |
| | | 2. License Grants. |
| | | |
| | | 2.1. The Initial Developer Grant. |
| | | |
| | | Conditioned 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: |
| | | |
| | | (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 |
| | | |
| | | (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). |
| | | |
| | | (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. |
| | | |
| | | (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. |
| | | |
| | | 2.2. Contributor Grant. |
| | | |
| | | Conditioned 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: |
| | | |
| | | (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 |
| | | |
| | | (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). |
| | | |
| | | (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. |
| | | |
| | | (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. |
| | | |
| | | 3. Distribution Obligations. |
| | | |
| | | 3.1. Availability of Source Code. |
| | | |
| | | Any 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. |
| | | |
| | | 3.2. Modifications. |
| | | |
| | | The 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. |
| | | |
| | | 3.3. Required Notices. |
| | | |
| | | You 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. |
| | | |
| | | 3.4. Application of Additional Terms. |
| | | |
| | | You 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. |
| | | |
| | | 3.5. Distribution of Executable Versions. |
| | | |
| | | You 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. |
| | | |
| | | 3.6. Larger Works. |
| | | |
| | | You 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. |
| | | |
| | | 4. Versions of the License. |
| | | |
| | | 4.1. New Versions. |
| | | |
| | | Sun 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. |
| | | |
| | | 4.2. Effect of New Versions. |
| | | |
| | | You 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. |
| | | |
| | | 4.3. Modified Versions. |
| | | |
| | | When 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. |
| | | |
| | | 5. DISCLAIMER OF WARRANTY. |
| | | |
| | | COVERED 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. |
| | | |
| | | 6. TERMINATION. |
| | | |
| | | 6.1. 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. |
| | | |
| | | 6.2. 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. |
| | | |
| | | 6.3. 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. |
| | | |
| | | 7. LIMITATION OF LIABILITY. |
| | | |
| | | UNDER 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 LOST PROFITS, 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. |
| | | |
| | | 8. U.S. GOVERNMENT END USERS. |
| | | |
| | | The 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. |
| | | |
| | | 9. MISCELLANEOUS. |
| | | |
| | | This 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. |
| | | |
| | | 10. RESPONSIBILITY FOR CLAIMS. |
| | | |
| | | As 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. |
| | | |
| | | -------------------------------------------------------------------- |
| | | |
| | | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| | | DISTRIBUTION LICENSE (CDDL) |
| | | |
| | | For Covered Software in this distribution, this License 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. |