1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 2 31. Definitions. 4 51.1. "Contributor" means each individual or entity that 6creates or contributes to the creation of Modifications. 7 81.2. "Contributor Version" means the combination of the 9Original Software, prior Modifications used by a 10Contributor (if any), and the Modifications made by that 11particular Contributor. 12 131.3. "Covered Software" means (a) the Original Software, or 14(b) Modifications, or (c) the combination of files 15containing Original Software with files containing 16Modifications, in each case including portions thereof. 17 181.4. "Executable" means the Covered Software in any form 19other than Source Code. 20 211.5. "Initial Developer" means the individual or entity 22that first makes Original Software available under this 23License. 24 251.6. "Larger Work" means a work which combines Covered 26Software or portions thereof with code not governed by the 27terms of this License. 28 291.7. "License" means this document. 30 311.8. "Licensable" means having the right to grant, to the 32maximum extent possible, whether at the time of the initial 33grant or subsequently acquired, any and all of the rights 34conveyed herein. 35 361.9. "Modifications" means the Source Code and Executable 37form of any of the following: 38 39A. Any file that results from an addition to, 40deletion from or modification of the contents of a 41file containing Original Software or previous 42Modifications; 43 44B. Any new file that contains any part of the 45Original Software or previous Modification; or 46 47C. Any new file that is contributed or otherwise made 48available under the terms of this License. 49 501.10. "Original Software" means the Source Code and 51Executable form of computer software code that is 52originally released under this License. 53 541.11. "Patent Claims" means any patent claim(s), now owned 55or hereafter acquired, including without limitation, 56method, process, and apparatus claims, in any patent 57Licensable by grantor. 58 591.12. "Source Code" means (a) the common form of computer 60software code in which modifications are made and (b) 61associated documentation included in or with such code. 62 631.13. "You" (or "Your") means an individual or a legal 64entity exercising rights under, and complying with all of 65the terms of, this License. For legal entities, "You" 66includes any entity which controls, is controlled by, or is 67under common control with You. For purposes of this 68definition, "control" means (a) the power, direct or 69indirect, to cause the direction or management of such 70entity, whether by contract or otherwise, or (b) ownership 71of more than fifty percent (50%) of the outstanding shares 72or beneficial ownership of such entity. 73 742. License Grants. 75 762.1. The Initial Developer Grant. 77 78Conditioned upon Your compliance with Section 3.1 below and 79subject to third party intellectual property claims, the 80Initial Developer hereby grants You a world-wide, 81royalty-free, non-exclusive license: 82 83(a) under intellectual property rights (other than 84patent or trademark) Licensable by Initial Developer, 85to use, reproduce, modify, display, perform, 86sublicense and distribute the Original Software (or 87portions thereof), with or without Modifications, 88and/or as part of a Larger Work; and 89 90(b) under Patent Claims infringed by the making, 91using or selling of Original Software, to make, have 92made, use, practice, sell, and offer for sale, and/or 93otherwise dispose of the Original Software (or 94portions thereof). 95 96(c) The licenses granted in Sections 2.1(a) and (b) 97are effective on the date Initial Developer first 98distributes or otherwise makes the Original Software 99available to a third party under the terms of this 100License. 101 102(d) Notwithstanding Section 2.1(b) above, no patent 103license is granted: (1) for code that You delete from 104the Original Software, or (2) for infringements 105caused by: (i) the modification of the Original 106Software, or (ii) the combination of the Original 107Software with other software or devices. 108 1092.2. Contributor Grant. 110 111Conditioned upon Your compliance with Section 3.1 below and 112subject to third party intellectual property claims, each 113Contributor hereby grants You a world-wide, royalty-free, 114non-exclusive license: 115 116(a) under intellectual property rights (other than 117patent or trademark) Licensable by Contributor to 118use, reproduce, modify, display, perform, sublicense 119and distribute the Modifications created by such 120Contributor (or portions thereof), either on an 121unmodified basis, with other Modifications, as 122Covered Software and/or as part of a Larger Work; and 123 124(b) under Patent Claims infringed by the making, 125using, or selling of Modifications made by that 126Contributor either alone and/or in combination with 127its Contributor Version (or portions of such 128combination), to make, use, sell, offer for sale, 129have made, and/or otherwise dispose of: (1) 130Modifications made by that Contributor (or portions 131thereof); and (2) the combination of Modifications 132made by that Contributor with its Contributor Version 133(or portions of such combination). 134 135(c) The licenses granted in Sections 2.2(a) and 1362.2(b) are effective on the date Contributor first 137distributes or otherwise makes the Modifications 138available to a third party. 139 140(d) Notwithstanding Section 2.2(b) above, no patent 141license is granted: (1) for any code that Contributor 142has deleted from the Contributor Version; (2) for 143infringements caused by: (i) third party 144modifications of Contributor Version, or (ii) the 145combination of Modifications made by that Contributor 146with other software (except as part of the 147Contributor Version) or other devices; or (3) under 148Patent Claims infringed by Covered Software in the 149absence of Modifications made by that Contributor. 150 1513. Distribution Obligations. 152 1533.1. Availability of Source Code. 154 155Any Covered Software that You distribute or otherwise make 156available in Executable form must also be made available in 157Source Code form and that Source Code form must be 158distributed only under the terms of this License. You must 159include a copy of this License with every copy of the 160Source Code form of the Covered Software You distribute or 161otherwise make available. You must inform recipients of any 162such Covered Software in Executable form as to how they can 163obtain such Covered Software in Source Code form in a 164reasonable manner on or through a medium customarily used 165for software exchange. 166 1673.2. Modifications. 168 169The Modifications that You create or to which You 170contribute are governed by the terms of this License. You 171represent that You believe Your Modifications are Your 172original creation(s) and/or You have sufficient rights to 173grant the rights conveyed by this License. 174 1753.3. Required Notices. 176 177You must include a notice in each of Your Modifications 178that identifies You as the Contributor of the Modification. 179You may not remove or alter any copyright, patent or 180trademark notices contained within the Covered Software, or 181any notices of licensing or any descriptive text giving 182attribution to any Contributor or the Initial Developer. 183 1843.4. Application of Additional Terms. 185 186You may not offer or impose any terms on any Covered 187Software in Source Code form that alters or restricts the 188applicable version of this License or the recipients' 189rights hereunder. You may choose to offer, and to charge a 190fee for, warranty, support, indemnity or liability 191obligations to one or more recipients of Covered Software. 192However, you may do so only on Your own behalf, and not on 193behalf of the Initial Developer or any Contributor. You 194must make it absolutely clear that any such warranty, 195support, indemnity or liability obligation is offered by 196You alone, and You hereby agree to indemnify the Initial 197Developer and every Contributor for any liability incurred 198by the Initial Developer or such Contributor as a result of 199warranty, support, indemnity or liability terms You offer. 200 2013.5. Distribution of Executable Versions. 202 203You may distribute the Executable form of the Covered 204Software under the terms of this License or under the terms 205of a license of Your choice, which may contain terms 206different from this License, provided that You are in 207compliance with the terms of this License and that the 208license for the Executable form does not attempt to limit 209or alter the recipient's rights in the Source Code form 210from the rights set forth in this License. If You 211distribute the Covered Software in Executable form under a 212different license, You must make it absolutely clear that 213any terms which differ from this License are offered by You 214alone, not by the Initial Developer or Contributor. You 215hereby agree to indemnify the Initial Developer and every 216Contributor for any liability incurred by the Initial 217Developer or such Contributor as a result of any such terms 218You offer. 219 2203.6. Larger Works. 221 222You may create a Larger Work by combining Covered Software 223with other code not governed by the terms of this License 224and distribute the Larger Work as a single product. In such 225a case, You must make sure the requirements of this License 226are fulfilled for the Covered Software. 227 2284. Versions of the License. 229 2304.1. New Versions. 231 232Sun Microsystems, Inc. is the initial license steward and 233may publish revised and/or new versions of this License 234from time to time. Each version will be given a 235distinguishing version number. Except as provided in 236Section 4.3, no one other than the license steward has the 237right to modify this License. 238 2394.2. Effect of New Versions. 240 241You may always continue to use, distribute or otherwise 242make the Covered Software available under the terms of the 243version of the License under which You originally received 244the Covered Software. If the Initial Developer includes a 245notice in the Original Software prohibiting it from being 246distributed or otherwise made available under any 247subsequent version of the License, You must distribute and 248make the Covered Software available under the terms of the 249version of the License under which You originally received 250the Covered Software. Otherwise, You may also choose to 251use, distribute or otherwise make the Covered Software 252available under the terms of any subsequent version of the 253License published by the license steward. 254 2554.3. Modified Versions. 256 257When You are an Initial Developer and You want to create a 258new license for Your Original Software, You may create and 259use a modified version of this License if You: (a) rename 260the license and remove any references to the name of the 261license steward (except to note that the license differs 262from this License); and (b) otherwise make it clear that 263the license contains terms which differ from this License. 264 2655. DISCLAIMER OF WARRANTY. 266 267COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 268BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 269INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 270SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 271PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 272PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 273COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 274INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF 275ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 276WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 277ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 278DISCLAIMER. 279 2806. TERMINATION. 281 2826.1. This License and the rights granted hereunder will 283terminate automatically if You fail to comply with terms 284herein and fail to cure such breach within 30 days of 285becoming aware of the breach. Provisions which, by their 286nature, must remain in effect beyond the termination of 287this License shall survive. 288 2896.2. If You assert a patent infringement claim (excluding 290declaratory judgment actions) against Initial Developer or 291a Contributor (the Initial Developer or Contributor against 292whom You assert such claim is referred to as "Participant") 293alleging that the Participant Software (meaning the 294Contributor Version where the Participant is a Contributor 295or the Original Software where the Participant is the 296Initial Developer) directly or indirectly infringes any 297patent, then any and all rights granted directly or 298indirectly to You by such Participant, the Initial 299Developer (if the Initial Developer is not the Participant) 300and all Contributors under Sections 2.1 and/or 2.2 of this 301License shall, upon 60 days notice from Participant 302terminate prospectively and automatically at the expiration 303of such 60 day notice period, unless if within such 60 day 304period You withdraw Your claim with respect to the 305Participant Software against such Participant either 306unilaterally or pursuant to a written agreement with 307Participant. 308 3096.3. In the event of termination under Sections 6.1 or 6.2 310above, all end user licenses that have been validly granted 311by You or any distributor hereunder prior to termination 312(excluding licenses granted to You by any distributor) 313shall survive termination. 314 3157. LIMITATION OF LIABILITY. 316 317UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 318(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 319INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 320COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 321LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 322CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 323LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 324STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 325COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 326INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 327LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 328INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 329APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 330NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 331CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 332APPLY TO YOU. 333 3348. U.S. GOVERNMENT END USERS. 335 336The Covered Software is a "commercial item," as that term is 337defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 338computer software" (as that term is defined at 48 C.F.R. � 339252.227-7014(a)(1)) and "commercial computer software 340documentation" as such terms are used in 48 C.F.R. 12.212 (Sept. 3411995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 342through 227.7202-4 (June 1995), all U.S. Government End Users 343acquire Covered Software with only those rights set forth herein. 344This U.S. Government Rights clause is in lieu of, and supersedes, 345any other FAR, DFAR, or other clause or provision that addresses 346Government rights in computer software under this License. 347 3489. MISCELLANEOUS. 349 350This License represents the complete agreement concerning subject 351matter hereof. If any provision of this License is held to be 352unenforceable, such provision shall be reformed only to the 353extent necessary to make it enforceable. This License shall be 354governed by the law of the jurisdiction specified in a notice 355contained within the Original Software (except to the extent 356applicable law, if any, provides otherwise), excluding such 357jurisdiction's conflict-of-law provisions. Any litigation 358relating to this License shall be subject to the jurisdiction of 359the courts located in the jurisdiction and venue specified in a 360notice contained within the Original Software, with the losing 361party responsible for costs, including, without limitation, court 362costs and reasonable attorneys' fees and expenses. The 363application of the United Nations Convention on Contracts for the 364International Sale of Goods is expressly excluded. Any law or 365regulation which provides that the language of a contract shall 366be construed against the drafter shall not apply to this License. 367You agree that You alone are responsible for compliance with the 368United States export administration regulations (and the export 369control laws and regulation of any other countries) when You use, 370distribute or otherwise make available any Covered Software. 371 37210. RESPONSIBILITY FOR CLAIMS. 373 374As between Initial Developer and the Contributors, each party is 375responsible for claims and damages arising, directly or 376indirectly, out of its utilization of rights under this License 377and You agree to work with Initial Developer and Contributors to 378distribute such responsibility on an equitable basis. Nothing 379herein is intended or shall be deemed to constitute any admission 380of liability. 381