1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 2 31. Definitions. 4 51.1. Contributor means each individual or entity that creates or 6contributes to the creation of Modifications. 7 81.2. Contributor Version means the combination of the Original 9Software, prior Modifications used by a Contributor (if any), 10and the Modifications made by that particular Contributor. 11 121.3. Covered Software means (a) the Original Software, or (b) 13Modifications, or (c) the combination of files containing 14Original Software with files containing Modifications, in each 15case including portions thereof. 16 171.4. Executable means the Covered Software in any form other 18than Source Code. 19 201.5. Initial Developer means the individual or entity that first 21makes Original Software available under this License. 22 231.6. Larger Workmeans a work which combines Covered Software or 24portions thereof with code not governed by the terms of this 25License. 26 271.7. License means this document. 28 291.8. Licensable means having the right to grant, to the maximum 30extent possible, whether at the time of the initial grant or 31subsequently acquired, any and all of the rights conveyed herein. 32 331.9. Modifications means the Source Code and Executable form of 34any of the following: A. Any file that results from an addition 35to, deletion from or modification of the contents of a file 36containing Original Software or previous Modifications; B. Any 37new file that contains any part of the Original Software or 38previous Modification; or C. Any new file that is contributed or 39otherwise made available under the terms of this License. 40 411.10. Original Software means the Source Code and Executable 42form of computer software code that is originally released under 43this License. 44 451.11. Patent Claims means any patent claim(s), now owned or 46hereafter acquired, including without limitation, method, 47process, and apparatus claims, in any patent Licensable by 48grantor. 49 501.12. Source Code means (a) the common form of computer software 51code in which modifications are made and (b) associated 52documentation included in or with such code. 53 541.13. You (or Your) means an individual or a legal entity 55exercising rights under, and complying with all of the terms of, 56this License. For legal entities, You includes any entity which 57controls, is controlled by, or is under common control with You. 58For purposes of this definition, control means (a) the power, 59direct or indirect, to cause the direction or management of such 60entity, whether by contract or otherwise, or (b) ownership of 61more than fifty percent (50%) of the outstanding shares or 62beneficial ownership of such entity. 63 642. License Grants. 65 662.1. The Initial Developer Grant. Conditioned upon Your 67compliance with Section 3.1 below and subject to third party 68intellectual property claims, the Initial Developer hereby 69grants You a world-wide, royalty-free, non-exclusive license: 70 71(a) under intellectual property rights (other than patent or 72trademark) Licensable by Initial Developer, to use, reproduce, 73modify, display, perform, sublicense and distribute the Original 74Software (or portions thereof), with or without Modifications, 75and/or as part of a Larger Work; and 76 77(b) under Patent Claims infringed by the making, using or 78selling of Original Software, to make, have made, use, practice, 79sell, and offer for sale, and/or otherwise dispose of the 80Original Software (or portions thereof); 81 82(c) The licenses granted in Sections 2.1(a) and (b) are 83effective on the date Initial Developer first distributes or 84otherwise makes the Original Software available to a third party 85under the terms of this License; 86 87(d) Notwithstanding Section 2.1(b) above, no patent license is 88granted: (1) for code that You delete from the Original 89Software, or (2) for infringements caused by: (i) the 90modification of the Original Software, or (ii) the combination 91of the Original Software with other software or devices. 92 932.2. Contributor Grant. Conditioned upon Your compliance with 94Section 3.1 below and subject to third party intellectual 95property claims, each Contributor hereby grants You a 96world-wide, royalty-free, non-exclusive license: 97 98(a) under intellectual property rights (other than patent or 99trademark) Licensable by Contributor to use, reproduce, modify, 100display, perform, sublicense and distribute the Modifications 101created by such Contributor (or portions thereof), either on an 102unmodified basis, with other Modifications, as Covered Software 103and/or as part of a Larger Work; and 104 105(b) under Patent Claims infringed by the making, using, or 106selling of Modifications made by that Contributor either alone 107and/or in combination with its Contributor Version (or portions 108of such combination), to make, use, sell, offer for sale, have 109made, and/or otherwise dispose of: (1) Modifications made by 110that Contributor (or portions thereof); and (2) the combination 111of Modifications made by that Contributor with its Contributor 112Version (or portions of such combination). 113 114(c) The licenses granted in Sections 2.2(a) and 2.2(b) 115areeffective on the date Contributor first distributes or 116otherwise makes the Modifications available to a third party. 117 118(d) Notwithstanding Section 2.2(b) above, no patent license is 119granted: (1) for any code that Contributor has deleted from the 120Contributor Version; (2) for infringements caused by: (i) third 121party modifications of Contributor Version, or (ii) the 122combination of Modifications made by that Contributor with other 123software (except as part of the Contributor Version) or other 124devices; or (3) under Patent Claims infringed by Covered 125Software in the absence of Modifications made by that 126Contributor. 127 1283. Distribution Obligations. 129 1303.1. Availability of Source Code. Any Covered Software that You 131distribute or otherwise make available in Executable form must 132also be made available in Source Code form and that Source Code 133form must be distributed only under the terms of this License. 134You must include a copy of this License with every copy of the 135Source Code form of the Covered Software You distribute or 136otherwise make available. You must inform recipients of any such 137Covered Software in Executable form as to how they can obtain 138such Covered Software in Source Code form in a reasonable manner 139on or through a medium customarily used for software exchange. 140 1413.2. Modifications. The Modifications that You create or to 142which You contribute are governed by the terms of this License. 143You represent that You believe Your Modifications are Your 144original creation(s) and/or You have sufficient rights to grant 145the rights conveyed by this License. 146 1473.3. Required Notices. You must include a notice in each of Your 148Modifications that identifies You as the Contributor of the 149Modification. You may not remove or alter any copyright, patent 150or trademark notices contained within the Covered Software, or 151any notices of licensing or any descriptive text giving 152attribution to any Contributor or the Initial Developer. 153 1543.4. Application of Additional Terms. You may not offer or 155impose any terms on any Covered Software in Source Code form 156that alters or restricts the applicable version of this License 157or the recipients rights hereunder. You may choose to offer, and 158to charge a fee for, warranty, support, indemnity or liability 159obligations to one or more recipients of Covered 160Software. However, you may do so only on Your own behalf, and 161not on behalf of the Initial Developer or any Contributor. You 162must make it absolutely clear that any such warranty, support, 163indemnity or liability obligation is offered by You alone, and 164You hereby agree to indemnify the Initial Developer and every 165Contributor for any liability incurred by the Initial Developer 166or such Contributor as a result of warranty, support, indemnity 167or liability terms You offer. 168 1693.5. Distribution of Executable Versions. You may distribute the 170Executable form of the Covered Software under the terms of this 171License or under the terms of a license of Your choice, which 172may contain terms different from this License, provided that You 173are in compliance with the terms of this License and that the 174license for the Executable form does not attempt to limit or 175alter the recipients rights in the Source Code form from the 176rights set forth in this License. If You distribute the Covered 177Software in Executable form under a different license, You must 178make it absolutely clear that any terms which differ from this 179License are offered by You alone, not by the Initial Developer 180or Contributor. You hereby agree to indemnify the Initial 181Developer and every Contributor for any liability incurred by 182the Initial Developer or such Contributor as a result of any 183such terms You offer. 184 1853.6. Larger Works. You may create a Larger Work by combining 186Covered Software with other code not governed by the terms of 187this License and distribute the Larger Work as a single product. 188In such a case, You must make sure the requirements of this 189License are fulfilled for the Covered Software. 190 1914. Versions of the License. 192 1934.1. New Versions. Sun Microsystems, Inc. is the initial license 194steward and may publish revised and/or new versions of this 195License from time to time. Each version will be given a 196distinguishing version number. Except as provided in Section 1974.3, no one other than the license steward has the right to 198modify this License. 199 2004.2. Effect of New Versions. You may always continue to use, 201distribute or otherwise make the Covered Software available 202under the terms of the version of the License under which You 203originally received the Covered Software. If the Initial 204Developer includes a notice in the Original Software prohibiting 205it from being distributed or otherwise made available under any 206subsequent version of the License, You must distribute and make 207the Covered Software available under the terms of the version of 208the License under which You originally received the Covered 209Software. Otherwise, You may also choose to use, distribute or 210otherwise make the Covered Software available under the terms of 211any subsequent version of the License published by the license 212steward. 213 2144.3. Modified Versions. When You are an Initial Developer and 215You want to create a new license for Your Original Software, You 216may create and use a modified version of this License if You: 217(a) rename the license and remove any references to the name of 218the license steward (except to note that the license differs 219from this License); and (b) otherwise make it clear that the 220license contains terms which differ from this License. 221 2225. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER 223THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, 224EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 225WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, 226MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 227THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED 228SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE 229DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY 230OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, 231REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 232ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE 233IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 234 2356. TERMINATION. 236 2376.1. This License and the rights granted hereunder will 238terminate automatically if You fail to comply with terms herein 239and fail to cure such breach within 30 days of becoming aware of 240the breach. Provisions which, by their nature, must remain in 241effect beyond the termination of this License shall survive. 242 2436.2. If You assert a patent infringement claim (excluding 244declaratory judgment actions) against Initial Developer or a 245Contributor (the Initial Developer or Contributor against whom 246You assert such claim is referred to as Participant) alleging 247that the Participant Software (meaning the Contributor Version 248where the Participant is a Contributor or the Original Software 249where the Participant is the Initial Developer) directly or 250indirectly infringes any patent, then any and all rights granted 251directly or indirectly to You by such Participant, the Initial 252Developer (if the Initial Developer is not the Participant) and 253all Contributors under Sections 2.1 and/or 2.2 of this License 254shall, upon 60 days notice from Participant terminate 255prospectively and automatically at the expiration of such 60 day 256notice period, unless if within such 60 day period You withdraw 257Your claim with respect to the Participant Software against such 258Participant either unilaterally or pursuant to a written 259agreement with Participant. 260 2616.3. In the event of termination under Sections 6.1 or 6.2 262above, all end user licenses that have been validly granted by 263You or any distributor hereunder prior to termination (excluding 264licenses granted to You by any distributor) shall survive 265termination. 266 2677. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO 268LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR 269OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER 270CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY 271SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY 272INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY 273CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST 274PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 275MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, 276EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY 277OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO 278LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH 279PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH 280LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR 281LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 282EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 283 2848. U.S. GOVERNMENT END USERS. The Covered Software is a 285commercial item, as that term is defined in 48 C.F.R. 2.101 286(Oct. 1995), consisting of commercial computer software (as that 287term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial 288computer software documentation as such terms are used in 48 289C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 29048 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 291U.S. Government End Users acquire Covered Software with only 292those rights set forth herein. This U.S. Government Rights 293clause is in lieu of, and supersedes, any other FAR, DFAR, or 294other clause or provision that addresses Government rights in 295computer software under this License. 296 2979. MISCELLANEOUS. This License represents the complete agreement 298concerning subject matter hereof. If any provision of this 299License is held to be unenforceable, such provision shall be 300reformed only to the extent necessary to make it enforceable. 301This License shall be governed by the law of the jurisdiction 302specified in a notice contained within the Original Software 303(except to the extent applicable law, if any, provides 304otherwise), excluding such jurisdictions conflict-of-law 305provisions. Any litigation relating to this License shall be 306subject to the jurisdiction of the courts located in the 307jurisdiction and venue specified in a notice contained within 308the Original Software, with the losing party responsible for 309costs, including, without limitation, court costs and reasonable 310attorneys fees and expenses. The application of the United 311Nations Convention on Contracts for the International Sale of 312Goods is expressly excluded. Any law or regulation which 313provides that the language of a contract shall be construed 314against the drafter shall not apply to this License. You agree 315that You alone are responsible for compliance with the United 316States export administration regulations (and the export control 317laws and regulation of any other countries) when You use, 318distribute or otherwise make available any Covered Software. 319 32010. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and 321the Contributors, each party is responsible for claims and 322damages arising, directly or indirectly, out of its utilization 323of rights under this License and You agree to work with Initial 324Developer and Contributors to distribute such responsibility on 325an equitable basis. Nothing herein is intended or shall be 326deemed to constitute any admission of liability. 327 328---------------------------------------------------------------- 329 330NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 331DISTRIBUTION LICENSE (CDDL): This code is released under the 332CDDL and shall be governed by the laws of the State of 333California (excluding conflict-of-law provisions). Any 334litigation relating to this License shall be subject to the 335jurisdiction of the Federal Courts of the Northern District of 336California and the state courts of the State of California, with 337venue lying in Santa Clara County, California. 338 339---------------------------------------------------------------- 340 341