1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 2 31. Definitions. 4 5 1.1. "Contributor" means each individual or entity that creates 6 or contributes to the creation of Modifications. 7 8 1.2. "Contributor Version" means the combination of the Original 9 Software, prior Modifications used by a Contributor (if any), 10 and the Modifications made by that particular Contributor. 11 12 1.3. "Covered Software" means (a) the Original Software, or (b) 13 Modifications, or (c) the combination of files containing 14 Original Software with files containing Modifications, in 15 each case including portions thereof. 16 17 1.4. "Executable" means the Covered Software in any form other 18 than Source Code. 19 20 1.5. "Initial Developer" means the individual or entity that first 21 makes Original Software available under this License. 22 23 1.6. "Larger Work" means a work which combines Covered Software or 24 portions thereof with code not governed by the terms of this 25 License. 26 27 1.7. "License" means this document. 28 29 1.8. "Licensable" means having the right to grant, to the maximum 30 extent possible, whether at the time of the initial grant or 31 subsequently acquired, any and all of the rights conveyed 32 herein. 33 34 1.9. "Modifications" means the Source Code and Executable form of 35 any of the following: 36 37 A. Any file that results from an addition to, deletion from or 38 modification of the contents of a file containing Original 39 Software or previous Modifications; 40 41 B. Any new file that contains any part of the Original 42 Software or previous Modifications; or 43 44 C. Any new file that is contributed or otherwise made 45 available under the terms of this License. 46 47 1.10. "Original Software" means the Source Code and Executable 48 form of computer software code that is originally released 49 under this License. 50 51 1.11. "Patent Claims" means any patent claim(s), now owned or 52 hereafter acquired, including without limitation, method, 53 process, and apparatus claims, in any patent Licensable by 54 grantor. 55 56 1.12. "Source Code" means (a) the common form of computer software 57 code in which modifications are made and (b) associated 58 documentation included in or with such code. 59 60 1.13. "You" (or "Your") means an individual or a legal entity 61 exercising rights under, and complying with all of the terms 62 of, this License. For legal entities, "You" includes any 63 entity which controls, is controlled by, or is under common 64 control with You. For purposes of this definition, 65 "control" means (a) the power, direct or indirect, to cause 66 the direction or management of such entity, whether by 67 contract or otherwise, or (b) ownership of more than fifty 68 percent (50%) of the outstanding shares or beneficial 69 ownership of such entity. 70 712. License Grants. 72 73 2.1. The Initial Developer Grant. 74 75 Conditioned upon Your compliance with Section 3.1 below and 76 subject to third party intellectual property claims, the Initial 77 Developer hereby grants You a world-wide, royalty-free, 78 non-exclusive license: 79 80 (a) under intellectual property rights (other than patent or 81 trademark) Licensable by Initial Developer, to use, 82 reproduce, modify, display, perform, sublicense and 83 distribute the Original Software (or portions thereof), 84 with or without Modifications, and/or as part of a Larger 85 Work; and 86 87 (b) under Patent Claims infringed by the making, using or 88 selling of Original Software, to make, have made, use, 89 practice, sell, and offer for sale, and/or otherwise 90 dispose of the Original Software (or portions thereof). 91 92 (c) The licenses granted in Sections 2.1(a) and (b) are 93 effective on the date Initial Developer first distributes 94 or otherwise makes the Original Software available to a 95 third party under the terms of this License. 96 97 (d) Notwithstanding Section 2.1(b) above, no patent license is 98 granted: (1) for code that You delete from the Original 99 Software, or (2) for infringements caused by: (i) the 100 modification of the Original Software, or (ii) the 101 combination of the Original Software with other software 102 or devices. 103 104 2.2. Contributor Grant. 105 106 Conditioned upon Your compliance with Section 3.1 below and 107 subject to third party intellectual property claims, each 108 Contributor hereby grants You a world-wide, royalty-free, 109 non-exclusive license: 110 111 (a) under intellectual property rights (other than patent or 112 trademark) Licensable by Contributor to use, reproduce, 113 modify, display, perform, sublicense and distribute the 114 Modifications created by such Contributor (or portions 115 thereof), either on an unmodified basis, with other 116 Modifications, as Covered Software and/or as part of a 117 Larger Work; and 118 119 (b) under Patent Claims infringed by the making, using, or 120 selling of Modifications made by that Contributor either 121 alone and/or in combination with its Contributor Version 122 (or portions of such combination), to make, use, sell, 123 offer for sale, have made, and/or otherwise dispose of: 124 (1) Modifications made by that Contributor (or portions 125 thereof); and (2) the combination of Modifications made by 126 that Contributor with its Contributor Version (or portions 127 of such combination). 128 129 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 130 effective on the date Contributor first distributes or 131 otherwise makes the Modifications available to a third 132 party. 133 134 (d) Notwithstanding Section 2.2(b) above, no patent license is 135 granted: (1) for any code that Contributor has deleted 136 from the Contributor Version; (2) for infringements caused 137 by: (i) third party modifications of Contributor Version, 138 or (ii) the combination of Modifications made by that 139 Contributor with other software (except as part of the 140 Contributor Version) or other devices; or (3) under Patent 141 Claims infringed by Covered Software in the absence of 142 Modifications made by that Contributor. 143 1443. Distribution Obligations. 145 146 3.1. Availability of Source Code. 147 148 Any Covered Software that You distribute or otherwise make 149 available in Executable form must also be made available in Source 150 Code form and that Source Code form must be distributed only under 151 the terms of this License. You must include a copy of this 152 License with every copy of the Source Code form of the Covered 153 Software You distribute or otherwise make available. You must 154 inform recipients of any such Covered Software in Executable form 155 as to how they can obtain such Covered Software in Source Code 156 form in a reasonable manner on or through a medium customarily 157 used for software exchange. 158 159 3.2. Modifications. 160 161 The Modifications that You create or to which You contribute are 162 governed by the terms of this License. You represent that You 163 believe Your Modifications are Your original creation(s) and/or 164 You have sufficient rights to grant the rights conveyed by this 165 License. 166 167 3.3. Required Notices. 168 169 You must include a notice in each of Your Modifications that 170 identifies You as the Contributor of the Modification. You may 171 not remove or alter any copyright, patent or trademark notices 172 contained within the Covered Software, or any notices of licensing 173 or any descriptive text giving attribution to any Contributor or 174 the Initial Developer. 175 176 3.4. Application of Additional Terms. 177 178 You may not offer or impose any terms on any Covered Software in 179 Source Code form that alters or restricts the applicable version 180 of this License or the recipients' rights hereunder. You may 181 choose to offer, and to charge a fee for, warranty, support, 182 indemnity or liability obligations to one or more recipients of 183 Covered Software. However, you may do so only on Your own behalf, 184 and not on behalf of the Initial Developer or any Contributor. 185 You must make it absolutely clear that any such warranty, support, 186 indemnity or liability obligation is offered by You alone, and You 187 hereby agree to indemnify the Initial Developer and every 188 Contributor for any liability incurred by the Initial Developer or 189 such Contributor as a result of warranty, support, indemnity or 190 liability terms You offer. 191 192 3.5. Distribution of Executable Versions. 193 194 You may distribute the Executable form of the Covered Software 195 under the terms of this License or under the terms of a license of 196 Your choice, which may contain terms different from this License, 197 provided that You are in compliance with the terms of this License 198 and that the license for the Executable form does not attempt to 199 limit or alter the recipient's rights in the Source Code form from 200 the rights set forth in this License. If You distribute the 201 Covered Software in Executable form under a different license, You 202 must make it absolutely clear that any terms which differ from 203 this License are offered by You alone, not by the Initial 204 Developer or Contributor. You hereby agree to indemnify the 205 Initial Developer and every Contributor for any liability incurred 206 by the Initial Developer or such Contributor as a result of any 207 such terms You offer. 208 209 3.6. Larger Works. 210 211 You may create a Larger Work by combining Covered Software with 212 other code not governed by the terms of this License and 213 distribute the Larger Work as a single product. In such a case, 214 You must make sure the requirements of this License are fulfilled 215 for the Covered Software. 216 2174. Versions of the License. 218 219 4.1. New Versions. 220 221 Sun Microsystems, Inc. is the initial license steward and may 222 publish revised and/or new versions of this License from time to 223 time. Each version will be given a distinguishing version number. 224 Except as provided in Section 4.3, no one other than the license 225 steward has the right to modify this License. 226 227 4.2. Effect of New Versions. 228 229 You may always continue to use, distribute or otherwise make the 230 Covered Software available under the terms of the version of the 231 License under which You originally received the Covered Software. 232 If the Initial Developer includes a notice in the Original 233 Software prohibiting it from being distributed or otherwise made 234 available under any subsequent version of the License, You must 235 distribute and make the Covered Software available under the terms 236 of the version of the License under which You originally received 237 the Covered Software. Otherwise, You may also choose to use, 238 distribute or otherwise make the Covered Software available under 239 the terms of any subsequent version of the License published by 240 the license steward. 241 242 4.3. Modified Versions. 243 244 When You are an Initial Developer and You want to create a new 245 license for Your Original Software, You may create and use a 246 modified version of this License if You: (a) rename the license 247 and remove any references to the name of the license steward 248 (except to note that the license differs from this License); and 249 (b) otherwise make it clear that the license contains terms which 250 differ from this License. 251 2525. DISCLAIMER OF WARRANTY. 253 254 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 255 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 256 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 257 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 258 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 259 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 260 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 261 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 262 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 263 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 264 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 265 DISCLAIMER. 266 2676. TERMINATION. 268 269 6.1. This License and the rights granted hereunder will terminate 270 automatically if You fail to comply with terms herein and fail to 271 cure such breach within 30 days of becoming aware of the breach. 272 Provisions which, by their nature, must remain in effect beyond 273 the termination of this License shall survive. 274 275 6.2. If You assert a patent infringement claim (excluding 276 declaratory judgment actions) against Initial Developer or a 277 Contributor (the Initial Developer or Contributor against whom You 278 assert such claim is referred to as "Participant") alleging that 279 the Participant Software (meaning the Contributor Version where 280 the Participant is a Contributor or the Original Software where 281 the Participant is the Initial Developer) directly or indirectly 282 infringes any patent, then any and all rights granted directly or 283 indirectly to You by such Participant, the Initial Developer (if 284 the Initial Developer is not the Participant) and all Contributors 285 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 286 notice from Participant terminate prospectively and automatically 287 at the expiration of such 60 day notice period, unless if within 288 such 60 day period You withdraw Your claim with respect to the 289 Participant Software against such Participant either unilaterally 290 or pursuant to a written agreement with Participant. 291 292 6.3. In the event of termination under Sections 6.1 or 6.2 above, 293 all end user licenses that have been validly granted by You or any 294 distributor hereunder prior to termination (excluding licenses 295 granted to You by any distributor) shall survive termination. 296 2977. LIMITATION OF LIABILITY. 298 299 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 300 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 301 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 302 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 303 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 304 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 305 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 306 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 307 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 308 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 309 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 310 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 311 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 312 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 313 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 314 APPLY TO YOU. 315 3168. U.S. GOVERNMENT END USERS. 317 318 The Covered Software is a "commercial item," as that term is 319 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 320 computer software" (as that term is defined at 48 321 C.F.R. 252.227-7014(a)(1)) and "commercial computer software 322 documentation" as such terms are used in 48 C.F.R. 12.212 323 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 324 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 325 U.S. Government End Users acquire Covered Software with only those 326 rights set forth herein. This U.S. Government Rights clause is in 327 lieu of, and supersedes, any other FAR, DFAR, or other clause or 328 provision that addresses Government rights in computer software 329 under this License. 330 3319. MISCELLANEOUS. 332 333 This License represents the complete agreement concerning subject 334 matter hereof. If any provision of this License is held to be 335 unenforceable, such provision shall be reformed only to the extent 336 necessary to make it enforceable. This License shall be governed 337 by the law of the jurisdiction specified in a notice contained 338 within the Original Software (except to the extent applicable law, 339 if any, provides otherwise), excluding such jurisdiction's 340 conflict-of-law provisions. Any litigation relating to this 341 License shall be subject to the jurisdiction of the courts located 342 in the jurisdiction and venue specified in a notice contained 343 within the Original Software, with the losing party responsible 344 for costs, including, without limitation, court costs and 345 reasonable attorneys' fees and expenses. The application of the 346 United Nations Convention on Contracts for the International Sale 347 of Goods is expressly excluded. Any law or regulation which 348 provides that the language of a contract shall be construed 349 against the drafter shall not apply to this License. You agree 350 that You alone are responsible for compliance with the United 351 States export administration regulations (and the export control 352 laws and regulation of any other countries) when You use, 353 distribute or otherwise make available any Covered Software. 354 35510. RESPONSIBILITY FOR CLAIMS. 356 357 As between Initial Developer and the Contributors, each party is 358 responsible for claims and damages arising, directly or 359 indirectly, out of its utilization of rights under this License 360 and You agree to work with Initial Developer and Contributors to 361 distribute such responsibility on an equitable basis. Nothing 362 herein is intended or shall be deemed to constitute any admission 363 of liability. 364 365-------------------------------------------------------------------- 366 367NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 368DISTRIBUTION LICENSE (CDDL) 369 370For Covered Software in this distribution, this License shall 371be governed by the laws of the State of California (excluding 372conflict-of-law provisions). 373 374Any litigation relating to this License shall be subject to the 375jurisdiction of the Federal Courts of the Northern District of 376California and the state courts of the State of California, with 377venue lying in Santa Clara County, California. 378