1172301SpjdUnless otherwise noted, all files in this distribution are released 2172301Spjdunder the Common Development and Distribution License (CDDL). 3172301SpjdExceptions are noted within the associated source files. 4172301Spjd 5172301Spjd-------------------------------------------------------------------- 6172301Spjd 7172301Spjd 8172301SpjdCOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 9172301Spjd 10172301Spjd1. Definitions. 11172301Spjd 12172301Spjd 1.1. "Contributor" means each individual or entity that creates 13172301Spjd or contributes to the creation of Modifications. 14172301Spjd 15172301Spjd 1.2. "Contributor Version" means the combination of the Original 16172301Spjd Software, prior Modifications used by a Contributor (if any), 17172301Spjd and the Modifications made by that particular Contributor. 18172301Spjd 19172301Spjd 1.3. "Covered Software" means (a) the Original Software, or (b) 20172301Spjd Modifications, or (c) the combination of files containing 21172301Spjd Original Software with files containing Modifications, in 22172301Spjd each case including portions thereof. 23172301Spjd 24172301Spjd 1.4. "Executable" means the Covered Software in any form other 25172301Spjd than Source Code. 26172301Spjd 27172301Spjd 1.5. "Initial Developer" means the individual or entity that first 28172301Spjd makes Original Software available under this License. 29172301Spjd 30172301Spjd 1.6. "Larger Work" means a work which combines Covered Software or 31172301Spjd portions thereof with code not governed by the terms of this 32172301Spjd License. 33172301Spjd 34172301Spjd 1.7. "License" means this document. 35172301Spjd 36172301Spjd 1.8. "Licensable" means having the right to grant, to the maximum 37172301Spjd extent possible, whether at the time of the initial grant or 38172301Spjd subsequently acquired, any and all of the rights conveyed 39172301Spjd herein. 40172301Spjd 41172301Spjd 1.9. "Modifications" means the Source Code and Executable form of 42172301Spjd any of the following: 43172301Spjd 44172301Spjd A. Any file that results from an addition to, deletion from or 45172301Spjd modification of the contents of a file containing Original 46172301Spjd Software or previous Modifications; 47172301Spjd 48172301Spjd B. Any new file that contains any part of the Original 49172301Spjd Software or previous Modifications; or 50172301Spjd 51172301Spjd C. Any new file that is contributed or otherwise made 52172301Spjd available under the terms of this License. 53172301Spjd 54172301Spjd 1.10. "Original Software" means the Source Code and Executable 55172301Spjd form of computer software code that is originally released 56172301Spjd under this License. 57172301Spjd 58172301Spjd 1.11. "Patent Claims" means any patent claim(s), now owned or 59172301Spjd hereafter acquired, including without limitation, method, 60172301Spjd process, and apparatus claims, in any patent Licensable by 61172301Spjd grantor. 62172301Spjd 63172301Spjd 1.12. "Source Code" means (a) the common form of computer software 64172301Spjd code in which modifications are made and (b) associated 65172301Spjd documentation included in or with such code. 66172301Spjd 67172301Spjd 1.13. "You" (or "Your") means an individual or a legal entity 68172301Spjd exercising rights under, and complying with all of the terms 69172301Spjd of, this License. For legal entities, "You" includes any 70172301Spjd entity which controls, is controlled by, or is under common 71172301Spjd control with You. For purposes of this definition, 72172301Spjd "control" means (a) the power, direct or indirect, to cause 73172301Spjd the direction or management of such entity, whether by 74172301Spjd contract or otherwise, or (b) ownership of more than fifty 75172301Spjd percent (50%) of the outstanding shares or beneficial 76172301Spjd ownership of such entity. 77172301Spjd 78172301Spjd2. License Grants. 79172301Spjd 80172301Spjd 2.1. The Initial Developer Grant. 81172301Spjd 82172301Spjd Conditioned upon Your compliance with Section 3.1 below and 83172301Spjd subject to third party intellectual property claims, the Initial 84172301Spjd Developer hereby grants You a world-wide, royalty-free, 85172301Spjd non-exclusive license: 86172301Spjd 87172301Spjd (a) under intellectual property rights (other than patent or 88172301Spjd trademark) Licensable by Initial Developer, to use, 89172301Spjd reproduce, modify, display, perform, sublicense and 90172301Spjd distribute the Original Software (or portions thereof), 91172301Spjd with or without Modifications, and/or as part of a Larger 92172301Spjd Work; and 93172301Spjd 94172301Spjd (b) under Patent Claims infringed by the making, using or 95172301Spjd selling of Original Software, to make, have made, use, 96172301Spjd practice, sell, and offer for sale, and/or otherwise 97172301Spjd dispose of the Original Software (or portions thereof). 98172301Spjd 99172301Spjd (c) The licenses granted in Sections 2.1(a) and (b) are 100172301Spjd effective on the date Initial Developer first distributes 101172301Spjd or otherwise makes the Original Software available to a 102172301Spjd third party under the terms of this License. 103172301Spjd 104172301Spjd (d) Notwithstanding Section 2.1(b) above, no patent license is 105172301Spjd granted: (1) for code that You delete from the Original 106172301Spjd Software, or (2) for infringements caused by: (i) the 107172301Spjd modification of the Original Software, or (ii) the 108172301Spjd combination of the Original Software with other software 109172301Spjd or devices. 110172301Spjd 111172301Spjd 2.2. Contributor Grant. 112172301Spjd 113172301Spjd Conditioned upon Your compliance with Section 3.1 below and 114172301Spjd subject to third party intellectual property claims, each 115172301Spjd Contributor hereby grants You a world-wide, royalty-free, 116172301Spjd non-exclusive license: 117172301Spjd 118172301Spjd (a) under intellectual property rights (other than patent or 119172301Spjd trademark) Licensable by Contributor to use, reproduce, 120172301Spjd modify, display, perform, sublicense and distribute the 121172301Spjd Modifications created by such Contributor (or portions 122172301Spjd thereof), either on an unmodified basis, with other 123172301Spjd Modifications, as Covered Software and/or as part of a 124172301Spjd Larger Work; and 125172301Spjd 126172301Spjd (b) under Patent Claims infringed by the making, using, or 127172301Spjd selling of Modifications made by that Contributor either 128172301Spjd alone and/or in combination with its Contributor Version 129172301Spjd (or portions of such combination), to make, use, sell, 130172301Spjd offer for sale, have made, and/or otherwise dispose of: 131172301Spjd (1) Modifications made by that Contributor (or portions 132172301Spjd thereof); and (2) the combination of Modifications made by 133172301Spjd that Contributor with its Contributor Version (or portions 134172301Spjd of such combination). 135172301Spjd 136172301Spjd (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 137172301Spjd effective on the date Contributor first distributes or 138172301Spjd otherwise makes the Modifications available to a third 139172301Spjd party. 140172301Spjd 141172301Spjd (d) Notwithstanding Section 2.2(b) above, no patent license is 142172301Spjd granted: (1) for any code that Contributor has deleted 143172301Spjd from the Contributor Version; (2) for infringements caused 144172301Spjd by: (i) third party modifications of Contributor Version, 145172301Spjd or (ii) the combination of Modifications made by that 146172301Spjd Contributor with other software (except as part of the 147172301Spjd Contributor Version) or other devices; or (3) under Patent 148172301Spjd Claims infringed by Covered Software in the absence of 149172301Spjd Modifications made by that Contributor. 150172301Spjd 151172301Spjd3. Distribution Obligations. 152172301Spjd 153172301Spjd 3.1. Availability of Source Code. 154172301Spjd 155172301Spjd Any Covered Software that You distribute or otherwise make 156172301Spjd available in Executable form must also be made available in Source 157172301Spjd Code form and that Source Code form must be distributed only under 158172301Spjd the terms of this License. You must include a copy of this 159172301Spjd License with every copy of the Source Code form of the Covered 160172301Spjd Software You distribute or otherwise make available. You must 161172301Spjd inform recipients of any such Covered Software in Executable form 162172301Spjd as to how they can obtain such Covered Software in Source Code 163172301Spjd form in a reasonable manner on or through a medium customarily 164172301Spjd used for software exchange. 165172301Spjd 166172301Spjd 3.2. Modifications. 167172301Spjd 168172301Spjd The Modifications that You create or to which You contribute are 169172301Spjd governed by the terms of this License. You represent that You 170172301Spjd believe Your Modifications are Your original creation(s) and/or 171172301Spjd You have sufficient rights to grant the rights conveyed by this 172172301Spjd License. 173172301Spjd 174172301Spjd 3.3. Required Notices. 175172301Spjd 176172301Spjd You must include a notice in each of Your Modifications that 177172301Spjd identifies You as the Contributor of the Modification. You may 178172301Spjd not remove or alter any copyright, patent or trademark notices 179172301Spjd contained within the Covered Software, or any notices of licensing 180172301Spjd or any descriptive text giving attribution to any Contributor or 181172301Spjd the Initial Developer. 182172301Spjd 183172301Spjd 3.4. Application of Additional Terms. 184172301Spjd 185172301Spjd You may not offer or impose any terms on any Covered Software in 186172301Spjd Source Code form that alters or restricts the applicable version 187172301Spjd of this License or the recipients' rights hereunder. You may 188172301Spjd choose to offer, and to charge a fee for, warranty, support, 189172301Spjd indemnity or liability obligations to one or more recipients of 190172301Spjd Covered Software. However, you may do so only on Your own behalf, 191172301Spjd and not on behalf of the Initial Developer or any Contributor. 192172301Spjd You must make it absolutely clear that any such warranty, support, 193172301Spjd indemnity or liability obligation is offered by You alone, and You 194172301Spjd hereby agree to indemnify the Initial Developer and every 195172301Spjd Contributor for any liability incurred by the Initial Developer or 196172301Spjd such Contributor as a result of warranty, support, indemnity or 197172301Spjd liability terms You offer. 198172301Spjd 199172301Spjd 3.5. Distribution of Executable Versions. 200172301Spjd 201172301Spjd You may distribute the Executable form of the Covered Software 202172301Spjd under the terms of this License or under the terms of a license of 203172301Spjd Your choice, which may contain terms different from this License, 204172301Spjd provided that You are in compliance with the terms of this License 205172301Spjd and that the license for the Executable form does not attempt to 206172301Spjd limit or alter the recipient's rights in the Source Code form from 207172301Spjd the rights set forth in this License. If You distribute the 208172301Spjd Covered Software in Executable form under a different license, You 209172301Spjd must make it absolutely clear that any terms which differ from 210172301Spjd this License are offered by You alone, not by the Initial 211172301Spjd Developer or Contributor. You hereby agree to indemnify the 212172301Spjd Initial Developer and every Contributor for any liability incurred 213172301Spjd by the Initial Developer or such Contributor as a result of any 214172301Spjd such terms You offer. 215172301Spjd 216172301Spjd 3.6. Larger Works. 217172301Spjd 218172301Spjd You may create a Larger Work by combining Covered Software with 219172301Spjd other code not governed by the terms of this License and 220172301Spjd distribute the Larger Work as a single product. In such a case, 221172301Spjd You must make sure the requirements of this License are fulfilled 222172301Spjd for the Covered Software. 223172301Spjd 224172301Spjd4. Versions of the License. 225172301Spjd 226172301Spjd 4.1. New Versions. 227172301Spjd 228172301Spjd Sun Microsystems, Inc. is the initial license steward and may 229172301Spjd publish revised and/or new versions of this License from time to 230172301Spjd time. Each version will be given a distinguishing version number. 231172301Spjd Except as provided in Section 4.3, no one other than the license 232172301Spjd steward has the right to modify this License. 233172301Spjd 234172301Spjd 4.2. Effect of New Versions. 235172301Spjd 236172301Spjd You may always continue to use, distribute or otherwise make the 237172301Spjd Covered Software available under the terms of the version of the 238172301Spjd License under which You originally received the Covered Software. 239172301Spjd If the Initial Developer includes a notice in the Original 240172301Spjd Software prohibiting it from being distributed or otherwise made 241172301Spjd available under any subsequent version of the License, You must 242172301Spjd distribute and make the Covered Software available under the terms 243172301Spjd of the version of the License under which You originally received 244172301Spjd the Covered Software. Otherwise, You may also choose to use, 245172301Spjd distribute or otherwise make the Covered Software available under 246172301Spjd the terms of any subsequent version of the License published by 247172301Spjd the license steward. 248172301Spjd 249172301Spjd 4.3. Modified Versions. 250172301Spjd 251172301Spjd When You are an Initial Developer and You want to create a new 252172301Spjd license for Your Original Software, You may create and use a 253172301Spjd modified version of this License if You: (a) rename the license 254172301Spjd and remove any references to the name of the license steward 255172301Spjd (except to note that the license differs from this License); and 256172301Spjd (b) otherwise make it clear that the license contains terms which 257172301Spjd differ from this License. 258172301Spjd 259172301Spjd5. DISCLAIMER OF WARRANTY. 260172301Spjd 261172301Spjd COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 262172301Spjd BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 263172301Spjd INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 264172301Spjd SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 265172301Spjd PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 266172301Spjd PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 267172301Spjd COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 268172301Spjd INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 269172301Spjd NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 270172301Spjd WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 271172301Spjd ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 272172301Spjd DISCLAIMER. 273172301Spjd 274172301Spjd6. TERMINATION. 275172301Spjd 276172301Spjd 6.1. This License and the rights granted hereunder will terminate 277172301Spjd automatically if You fail to comply with terms herein and fail to 278172301Spjd cure such breach within 30 days of becoming aware of the breach. 279172301Spjd Provisions which, by their nature, must remain in effect beyond 280172301Spjd the termination of this License shall survive. 281172301Spjd 282172301Spjd 6.2. If You assert a patent infringement claim (excluding 283172301Spjd declaratory judgment actions) against Initial Developer or a 284172301Spjd Contributor (the Initial Developer or Contributor against whom You 285172301Spjd assert such claim is referred to as "Participant") alleging that 286172301Spjd the Participant Software (meaning the Contributor Version where 287172301Spjd the Participant is a Contributor or the Original Software where 288172301Spjd the Participant is the Initial Developer) directly or indirectly 289172301Spjd infringes any patent, then any and all rights granted directly or 290172301Spjd indirectly to You by such Participant, the Initial Developer (if 291172301Spjd the Initial Developer is not the Participant) and all Contributors 292172301Spjd under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 293172301Spjd notice from Participant terminate prospectively and automatically 294172301Spjd at the expiration of such 60 day notice period, unless if within 295172301Spjd such 60 day period You withdraw Your claim with respect to the 296172301Spjd Participant Software against such Participant either unilaterally 297172301Spjd or pursuant to a written agreement with Participant. 298172301Spjd 299172301Spjd 6.3. In the event of termination under Sections 6.1 or 6.2 above, 300172301Spjd all end user licenses that have been validly granted by You or any 301172301Spjd distributor hereunder prior to termination (excluding licenses 302172301Spjd granted to You by any distributor) shall survive termination. 303172301Spjd 304172301Spjd7. LIMITATION OF LIABILITY. 305172301Spjd 306172301Spjd UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 307172301Spjd (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 308172301Spjd INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 309172301Spjd COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 310172301Spjd LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 311172301Spjd CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 312172301Spjd LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 313172301Spjd STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 314172301Spjd COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 315172301Spjd INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 316172301Spjd LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 317172301Spjd INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 318172301Spjd APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 319172301Spjd NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 320172301Spjd CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 321172301Spjd APPLY TO YOU. 322172301Spjd 323172301Spjd8. U.S. GOVERNMENT END USERS. 324172301Spjd 325172301Spjd The Covered Software is a "commercial item," as that term is 326172301Spjd defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 327172301Spjd computer software" (as that term is defined at 48 328172301Spjd C.F.R. 252.227-7014(a)(1)) and "commercial computer software 329172301Spjd documentation" as such terms are used in 48 C.F.R. 12.212 330172301Spjd (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 331172301Spjd C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 332172301Spjd U.S. Government End Users acquire Covered Software with only those 333172301Spjd rights set forth herein. This U.S. Government Rights clause is in 334172301Spjd lieu of, and supersedes, any other FAR, DFAR, or other clause or 335172301Spjd provision that addresses Government rights in computer software 336172301Spjd under this License. 337172301Spjd 338172301Spjd9. MISCELLANEOUS. 339172301Spjd 340172301Spjd This License represents the complete agreement concerning subject 341172301Spjd matter hereof. If any provision of this License is held to be 342172301Spjd unenforceable, such provision shall be reformed only to the extent 343172301Spjd necessary to make it enforceable. This License shall be governed 344172301Spjd by the law of the jurisdiction specified in a notice contained 345172301Spjd within the Original Software (except to the extent applicable law, 346172301Spjd if any, provides otherwise), excluding such jurisdiction's 347172301Spjd conflict-of-law provisions. Any litigation relating to this 348172301Spjd License shall be subject to the jurisdiction of the courts located 349172301Spjd in the jurisdiction and venue specified in a notice contained 350172301Spjd within the Original Software, with the losing party responsible 351172301Spjd for costs, including, without limitation, court costs and 352172301Spjd reasonable attorneys' fees and expenses. The application of the 353172301Spjd United Nations Convention on Contracts for the International Sale 354172301Spjd of Goods is expressly excluded. Any law or regulation which 355172301Spjd provides that the language of a contract shall be construed 356172301Spjd against the drafter shall not apply to this License. You agree 357172301Spjd that You alone are responsible for compliance with the United 358172301Spjd States export administration regulations (and the export control 359172301Spjd laws and regulation of any other countries) when You use, 360172301Spjd distribute or otherwise make available any Covered Software. 361172301Spjd 362172301Spjd10. RESPONSIBILITY FOR CLAIMS. 363172301Spjd 364172301Spjd As between Initial Developer and the Contributors, each party is 365172301Spjd responsible for claims and damages arising, directly or 366172301Spjd indirectly, out of its utilization of rights under this License 367172301Spjd and You agree to work with Initial Developer and Contributors to 368172301Spjd distribute such responsibility on an equitable basis. Nothing 369172301Spjd herein is intended or shall be deemed to constitute any admission 370172301Spjd of liability. 371172301Spjd 372172301Spjd-------------------------------------------------------------------- 373172301Spjd 374172301SpjdNOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 375172301SpjdDISTRIBUTION LICENSE (CDDL) 376172301Spjd 377172301SpjdFor Covered Software in this distribution, this License shall 378172301Spjdbe governed by the laws of the State of California (excluding 379172301Spjdconflict-of-law provisions). 380172301Spjd 381172301SpjdAny litigation relating to this License shall be subject to the 382172301Spjdjurisdiction of the Federal Courts of the Northern District of 383172301SpjdCalifornia and the state courts of the State of California, with 384172301Spjdvenue lying in Santa Clara County, California. 385