1 2COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 3 41. Definitions. 5 6 1.1. "Contributor" means each individual or entity that creates 7 or contributes to the creation of Modifications. 8 9 1.2. "Contributor Version" means the combination of the Original 10 Software, prior Modifications used by a Contributor (if any), 11 and the Modifications made by that particular Contributor. 12 13 1.3. "Covered Software" means (a) the Original Software, or (b) 14 Modifications, or (c) the combination of files containing 15 Original Software with files containing Modifications, in 16 each case including portions thereof. 17 18 1.4. "Executable" means the Covered Software in any form other 19 than Source Code. 20 21 1.5. "Initial Developer" means the individual or entity that first 22 makes Original Software available under this License. 23 24 1.6. "Larger Work" means a work which combines Covered Software or 25 portions thereof with code not governed by the terms of this 26 License. 27 28 1.7. "License" means this document. 29 30 1.8. "Licensable" means having the right to grant, to the maximum 31 extent possible, whether at the time of the initial grant or 32 subsequently acquired, any and all of the rights conveyed 33 herein. 34 35 1.9. "Modifications" means the Source Code and Executable form of 36 any of the following: 37 38 A. Any file that results from an addition to, deletion from or 39 modification of the contents of a file containing Original 40 Software or previous Modifications; 41 42 B. Any new file that contains any part of the Original 43 Software or previous Modifications; or 44 45 C. Any new file that is contributed or otherwise made 46 available under the terms of this License. 47 48 1.10. "Original Software" means the Source Code and Executable 49 form of computer software code that is originally released 50 under this License. 51 52 1.11. "Patent Claims" means any patent claim(s), now owned or 53 hereafter acquired, including without limitation, method, 54 process, and apparatus claims, in any patent Licensable by 55 grantor. 56 57 1.12. "Source Code" means (a) the common form of computer software 58 code in which modifications are made and (b) associated 59 documentation included in or with such code. 60 61 1.13. "You" (or "Your") means an individual or a legal entity 62 exercising rights under, and complying with all of the terms 63 of, this License. For legal entities, "You" includes any 64 entity which controls, is controlled by, or is under common 65 control with You. For purposes of this definition, 66 "control" means (a) the power, direct or indirect, to cause 67 the direction or management of such entity, whether by 68 contract or otherwise, or (b) ownership of more than fifty 69 percent (50%) of the outstanding shares or beneficial 70 ownership of such entity. 71 722. License Grants. 73 74 2.1. The Initial Developer Grant. 75 76 Conditioned upon Your compliance with Section 3.1 below and 77 subject to third party intellectual property claims, the Initial 78 Developer hereby grants You a world-wide, royalty-free, 79 non-exclusive license: 80 81 (a) under intellectual property rights (other than patent or 82 trademark) Licensable by Initial Developer, to use, 83 reproduce, modify, display, perform, sublicense and 84 distribute the Original Software (or portions thereof), 85 with or without Modifications, and/or as part of a Larger 86 Work; and 87 88 (b) under Patent Claims infringed by the making, using or 89 selling of Original Software, to make, have made, use, 90 practice, sell, and offer for sale, and/or otherwise 91 dispose of the Original Software (or portions thereof). 92 93 (c) The licenses granted in Sections 2.1(a) and (b) are 94 effective on the date Initial Developer first distributes 95 or otherwise makes the Original Software available to a 96 third party under the terms of this License. 97 98 (d) Notwithstanding Section 2.1(b) above, no patent license is 99 granted: (1) for code that You delete from the Original 100 Software, or (2) for infringements caused by: (i) the 101 modification of the Original Software, or (ii) the 102 combination of the Original Software with other software 103 or devices. 104 105 2.2. Contributor Grant. 106 107 Conditioned upon Your compliance with Section 3.1 below and 108 subject to third party intellectual property claims, each 109 Contributor hereby grants You a world-wide, royalty-free, 110 non-exclusive license: 111 112 (a) under intellectual property rights (other than patent or 113 trademark) Licensable by Contributor to use, reproduce, 114 modify, display, perform, sublicense and distribute the 115 Modifications created by such Contributor (or portions 116 thereof), either on an unmodified basis, with other 117 Modifications, as Covered Software and/or as part of a 118 Larger Work; and 119 120 (b) under Patent Claims infringed by the making, using, or 121 selling of Modifications made by that Contributor either 122 alone and/or in combination with its Contributor Version 123 (or portions of such combination), to make, use, sell, 124 offer for sale, have made, and/or otherwise dispose of: 125 (1) Modifications made by that Contributor (or portions 126 thereof); and (2) the combination of Modifications made by 127 that Contributor with its Contributor Version (or portions 128 of such combination). 129 130 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 131 effective on the date Contributor first distributes or 132 otherwise makes the Modifications available to a third 133 party. 134 135 (d) Notwithstanding Section 2.2(b) above, no patent license is 136 granted: (1) for any code that Contributor has deleted 137 from the Contributor Version; (2) for infringements caused 138 by: (i) third party modifications of Contributor Version, 139 or (ii) the combination of Modifications made by that 140 Contributor with other software (except as part of the 141 Contributor Version) or other devices; or (3) under Patent 142 Claims infringed by Covered Software in the absence of 143 Modifications made by that Contributor. 144 1453. Distribution Obligations. 146 147 3.1. Availability of Source Code. 148 149 Any Covered Software that You distribute or otherwise make 150 available in Executable form must also be made available in Source 151 Code form and that Source Code form must be distributed only under 152 the terms of this License. You must include a copy of this 153 License with every copy of the Source Code form of the Covered 154 Software You distribute or otherwise make available. You must 155 inform recipients of any such Covered Software in Executable form 156 as to how they can obtain such Covered Software in Source Code 157 form in a reasonable manner on or through a medium customarily 158 used for software exchange. 159 160 3.2. Modifications. 161 162 The Modifications that You create or to which You contribute are 163 governed by the terms of this License. You represent that You 164 believe Your Modifications are Your original creation(s) and/or 165 You have sufficient rights to grant the rights conveyed by this 166 License. 167 168 3.3. Required Notices. 169 170 You must include a notice in each of Your Modifications that 171 identifies You as the Contributor of the Modification. You may 172 not remove or alter any copyright, patent or trademark notices 173 contained within the Covered Software, or any notices of licensing 174 or any descriptive text giving attribution to any Contributor or 175 the Initial Developer. 176 177 3.4. Application of Additional Terms. 178 179 You may not offer or impose any terms on any Covered Software in 180 Source Code form that alters or restricts the applicable version 181 of this License or the recipients' rights hereunder. You may 182 choose to offer, and to charge a fee for, warranty, support, 183 indemnity or liability obligations to one or more recipients of 184 Covered Software. However, you may do so only on Your own behalf, 185 and not on behalf of the Initial Developer or any Contributor. 186 You must make it absolutely clear that any such warranty, support, 187 indemnity or liability obligation is offered by You alone, and You 188 hereby agree to indemnify the Initial Developer and every 189 Contributor for any liability incurred by the Initial Developer or 190 such Contributor as a result of warranty, support, indemnity or 191 liability terms You offer. 192 193 3.5. Distribution of Executable Versions. 194 195 You may distribute the Executable form of the Covered Software 196 under the terms of this License or under the terms of a license of 197 Your choice, which may contain terms different from this License, 198 provided that You are in compliance with the terms of this License 199 and that the license for the Executable form does not attempt to 200 limit or alter the recipient's rights in the Source Code form from 201 the rights set forth in this License. If You distribute the 202 Covered Software in Executable form under a different license, You 203 must make it absolutely clear that any terms which differ from 204 this License are offered by You alone, not by the Initial 205 Developer or Contributor. You hereby agree to indemnify the 206 Initial Developer and every Contributor for any liability incurred 207 by the Initial Developer or such Contributor as a result of any 208 such terms You offer. 209 210 3.6. Larger Works. 211 212 You may create a Larger Work by combining Covered Software with 213 other code not governed by the terms of this License and 214 distribute the Larger Work as a single product. In such a case, 215 You must make sure the requirements of this License are fulfilled 216 for the Covered Software. 217 2184. Versions of the License. 219 220 4.1. New Versions. 221 222 Sun Microsystems, Inc. is the initial license steward and may 223 publish revised and/or new versions of this License from time to 224 time. Each version will be given a distinguishing version number. 225 Except as provided in Section 4.3, no one other than the license 226 steward has the right to modify this License. 227 228 4.2. Effect of New Versions. 229 230 You may always continue to use, distribute or otherwise make the 231 Covered Software available under the terms of the version of the 232 License under which You originally received the Covered Software. 233 If the Initial Developer includes a notice in the Original 234 Software prohibiting it from being distributed or otherwise made 235 available under any subsequent version of the License, You must 236 distribute and make the Covered Software available under the terms 237 of the version of the License under which You originally received 238 the Covered Software. Otherwise, You may also choose to use, 239 distribute or otherwise make the Covered Software available under 240 the terms of any subsequent version of the License published by 241 the license steward. 242 243 4.3. Modified Versions. 244 245 When You are an Initial Developer and You want to create a new 246 license for Your Original Software, You may create and use a 247 modified version of this License if You: (a) rename the license 248 and remove any references to the name of the license steward 249 (except to note that the license differs from this License); and 250 (b) otherwise make it clear that the license contains terms which 251 differ from this License. 252 2535. DISCLAIMER OF WARRANTY. 254 255 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 256 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 257 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 258 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 259 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 260 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 261 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 262 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 263 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 264 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 265 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 266 DISCLAIMER. 267 2686. TERMINATION. 269 270 6.1. This License and the rights granted hereunder will terminate 271 automatically if You fail to comply with terms herein and fail to 272 cure such breach within 30 days of becoming aware of the breach. 273 Provisions which, by their nature, must remain in effect beyond 274 the termination of this License shall survive. 275 276 6.2. If You assert a patent infringement claim (excluding 277 declaratory judgment actions) against Initial Developer or a 278 Contributor (the Initial Developer or Contributor against whom You 279 assert such claim is referred to as "Participant") alleging that 280 the Participant Software (meaning the Contributor Version where 281 the Participant is a Contributor or the Original Software where 282 the Participant is the Initial Developer) directly or indirectly 283 infringes any patent, then any and all rights granted directly or 284 indirectly to You by such Participant, the Initial Developer (if 285 the Initial Developer is not the Participant) and all Contributors 286 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 287 notice from Participant terminate prospectively and automatically 288 at the expiration of such 60 day notice period, unless if within 289 such 60 day period You withdraw Your claim with respect to the 290 Participant Software against such Participant either unilaterally 291 or pursuant to a written agreement with Participant. 292 293 6.3. In the event of termination under Sections 6.1 or 6.2 above, 294 all end user licenses that have been validly granted by You or any 295 distributor hereunder prior to termination (excluding licenses 296 granted to You by any distributor) shall survive termination. 297 2987. LIMITATION OF LIABILITY. 299 300 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 301 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 302 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 303 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 304 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 305 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 306 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 307 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 308 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 309 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 310 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 311 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 312 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 313 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 314 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 315 APPLY TO YOU. 316 3178. U.S. GOVERNMENT END USERS. 318 319 The Covered Software is a "commercial item," as that term is 320 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 321 computer software" (as that term is defined at 48 322 C.F.R. 252.227-7014(a)(1)) and "commercial computer software 323 documentation" as such terms are used in 48 C.F.R. 12.212 324 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 325 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 326 U.S. Government End Users acquire Covered Software with only those 327 rights set forth herein. This U.S. Government Rights clause is in 328 lieu of, and supersedes, any other FAR, DFAR, or other clause or 329 provision that addresses Government rights in computer software 330 under this License. 331 3329. MISCELLANEOUS. 333 334 This License represents the complete agreement concerning subject 335 matter hereof. If any provision of this License is held to be 336 unenforceable, such provision shall be reformed only to the extent 337 necessary to make it enforceable. This License shall be governed 338 by the law of the jurisdiction specified in a notice contained 339 within the Original Software (except to the extent applicable law, 340 if any, provides otherwise), excluding such jurisdiction's 341 conflict-of-law provisions. Any litigation relating to this 342 License shall be subject to the jurisdiction of the courts located 343 in the jurisdiction and venue specified in a notice contained 344 within the Original Software, with the losing party responsible 345 for costs, including, without limitation, court costs and 346 reasonable attorneys' fees and expenses. The application of the 347 United Nations Convention on Contracts for the International Sale 348 of Goods is expressly excluded. Any law or regulation which 349 provides that the language of a contract shall be construed 350 against the drafter shall not apply to this License. You agree 351 that You alone are responsible for compliance with the United 352 States export administration regulations (and the export control 353 laws and regulation of any other countries) when You use, 354 distribute or otherwise make available any Covered Software. 355 35610. RESPONSIBILITY FOR CLAIMS. 357 358 As between Initial Developer and the Contributors, each party is 359 responsible for claims and damages arising, directly or 360 indirectly, out of its utilization of rights under this License 361 and You agree to work with Initial Developer and Contributors to 362 distribute such responsibility on an equitable basis. Nothing 363 herein is intended or shall be deemed to constitute any admission 364 of liability. 365 366-------------------------------------------------------------------- 367 368NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 369DISTRIBUTION LICENSE (CDDL) 370 371For Covered Software in this distribution, this License shall 372be governed by the laws of the State of California (excluding 373conflict-of-law provisions). 374 375Any litigation relating to this License shall be subject to the 376jurisdiction of the Federal Courts of the Northern District of 377California and the state courts of the State of California, with 378venue lying in Santa Clara County, California. 379 380