1235368Sgnn 2COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 3 4 5 1. Definitions. 6 7 1.1. �Contributor� means each individual or entity that 8 creates or contributes to the creation of Modifications. 9 10 1.2. �Contributor Version� means the combination of the 11 Original Software, prior Modifications used by a 12 Contributor (if any), and the Modifications made by that 13 particular Contributor. 14 15 1.3. �Covered Software� means (a) the Original Software, or 16 (b) Modifications, or (c) the combination of files 17 containing Original Software with files containing 18 Modifications, in each case including portions thereof. 19 20 1.4. �Executable� means the Covered Software in any form 21 other than Source Code. 22 23 1.5. �Initial Developer� means the individual or entity 24 that first makes Original Software available under this 25 License. 26 27 1.6. �Larger Work� means a work which combines Covered 28 Software or portions thereof with code not governed by the 29 terms of this License. 30 31 1.7. �License� means this document. 32 33 1.8. �Licensable� means having the right to grant, to the 34 maximum extent possible, whether at the time of the initial 35 grant or subsequently acquired, any and all of the rights 36 conveyed herein. 37 38 1.9. �Modifications� means the Source Code and Executable 39 form of any of the following: 40 41 A. Any file that results from an addition to, 42 deletion from or modification of the contents of a 43 file containing Original Software or previous 44 Modifications; 45 46 B. Any new file that contains any part of the 47 Original Software or previous Modification; or 48 49 C. Any new file that is contributed or otherwise made 50 available under the terms of this License. 51 52 1.10. �Original Software� means the Source Code and 53 Executable form of computer software code that is 54 originally released under this License. 55 56 1.11. �Patent Claims� means any patent claim(s), now owned 57 or hereafter acquired, including without limitation, 58 method, process, and apparatus claims, in any patent 59 Licensable by grantor. 60 61 1.12. �Source Code� means (a) the common form of computer 62 software code in which modifications are made and (b) 63 associated documentation included in or with such code. 64 65 1.13. �You� (or �Your�) means an individual or a legal 66 entity exercising rights under, and complying with all of 67 the terms of, this License. For legal entities, �You� 68 includes any entity which controls, is controlled by, or is 69 under common control with You. For purposes of this 70 definition, �control� means (a) the power, direct or 71 indirect, to cause the direction or management of such 72 entity, whether by contract or otherwise, or (b) ownership 73 of more than fifty percent (50%) of the outstanding shares 74 or beneficial ownership of such entity. 75 76 2. License Grants. 77 78 2.1. The Initial Developer Grant. 79 80 Conditioned upon Your compliance with Section 3.1 below and 81 subject to third party intellectual property claims, the 82 Initial Developer hereby grants You a world-wide, 83 royalty-free, non-exclusive license: 84 85 (a) under intellectual property rights (other than 86 patent or trademark) Licensable by Initial Developer, 87 to use, reproduce, modify, display, perform, 88 sublicense and distribute the Original Software (or 89 portions thereof), with or without Modifications, 90 and/or as part of a Larger Work; and 91 92 (b) under Patent Claims infringed by the making, 93 using or selling of Original Software, to make, have 94 made, use, practice, sell, and offer for sale, and/or 95 otherwise dispose of the Original Software (or 96 portions thereof). 97 98 (c) The licenses granted in Sections 2.1(a) and (b) 99 are effective on the date Initial Developer first 100 distributes or otherwise makes the Original Software 101 available to a third party under the terms of this 102 License. 103 104 (d) Notwithstanding Section 2.1(b) above, no patent 105 license is granted: (1) for code that You delete from 106 the Original Software, or (2) for infringements 107 caused by: (i) the modification of the Original 108 Software, or (ii) the combination of the Original 109 Software with other software or devices. 110 111 2.2. Contributor Grant. 112 113 Conditioned upon Your compliance with Section 3.1 below and 114 subject to third party intellectual property claims, each 115 Contributor hereby grants You a world-wide, royalty-free, 116 non-exclusive license: 117 118 (a) under intellectual property rights (other than 119 patent or trademark) Licensable by Contributor to 120 use, reproduce, modify, display, perform, sublicense 121 and distribute the Modifications created by such 122 Contributor (or portions thereof), either on an 123 unmodified basis, with other Modifications, as 124 Covered Software and/or as part of a Larger Work; and 125 126 127 (b) under Patent Claims infringed by the making, 128 using, or selling of Modifications made by that 129 Contributor either alone and/or in combination with 130 its Contributor Version (or portions of such 131 combination), to make, use, sell, offer for sale, 132 have made, and/or otherwise dispose of: (1) 133 Modifications made by that Contributor (or portions 134 thereof); and (2) the combination of Modifications 135 made by that Contributor with its Contributor Version 136 (or portions of such combination). 137 138 (c) The licenses granted in Sections 2.2(a) and 139 2.2(b) are effective on the date Contributor first 140 distributes or otherwise makes the Modifications 141 available to a third party. 142 143 (d) Notwithstanding Section 2.2(b) above, no patent 144 license is granted: (1) for any code that Contributor 145 has deleted from the Contributor Version; (2) for 146 infringements caused by: (i) third party 147 modifications of Contributor Version, or (ii) the 148 combination of Modifications made by that Contributor 149 with other software (except as part of the 150 Contributor Version) or other devices; or (3) under 151 Patent Claims infringed by Covered Software in the 152 absence of Modifications made by that Contributor. 153 154 3. Distribution Obligations. 155 156 3.1. Availability of Source Code. 157 158 Any Covered Software that You distribute or otherwise make 159 available in Executable form must also be made available in 160 Source Code form and that Source Code form must be 161 distributed only under the terms of this License. You must 162 include a copy of this License with every copy of the 163 Source Code form of the Covered Software You distribute or 164 otherwise make available. You must inform recipients of any 165 such Covered Software in Executable form as to how they can 166 obtain such Covered Software in Source Code form in a 167 reasonable manner on or through a medium customarily used 168 for software exchange. 169 170 3.2. Modifications. 171 172 The Modifications that You create or to which You 173 contribute are governed by the terms of this License. You 174 represent that You believe Your Modifications are Your 175 original creation(s) and/or You have sufficient rights to 176 grant the rights conveyed by this License. 177 178 3.3. Required Notices. 179 180 You must include a notice in each of Your Modifications 181 that identifies You as the Contributor of the Modification. 182 You may not remove or alter any copyright, patent or 183 trademark notices contained within the Covered Software, or 184 any notices of licensing or any descriptive text giving 185 attribution to any Contributor or the Initial Developer. 186 187 3.4. Application of Additional Terms. 188 189 You may not offer or impose any terms on any Covered 190 Software in Source Code form that alters or restricts the 191 applicable version of this License or the recipients� 192 rights hereunder. You may choose to offer, and to charge a 193 fee for, warranty, support, indemnity or liability 194 obligations to one or more recipients of Covered Software. 195 However, you may do so only on Your own behalf, and not on 196 behalf of the Initial Developer or any Contributor. You 197 must make it absolutely clear that any such warranty, 198 support, indemnity or liability obligation is offered by 199 You alone, and You hereby agree to indemnify the Initial 200 Developer and every Contributor for any liability incurred 201 by the Initial Developer or such Contributor as a result of 202 warranty, support, indemnity or liability terms You offer. 203 204 205 3.5. Distribution of Executable Versions. 206 207 You may distribute the Executable form of the Covered 208 Software under the terms of this License or under the terms 209 of a license of Your choice, which may contain terms 210 different from this License, provided that You are in 211 compliance with the terms of this License and that the 212 license for the Executable form does not attempt to limit 213 or alter the recipient�s rights in the Source Code form 214 from the rights set forth in this License. If You 215 distribute the Covered Software in Executable form under a 216 different license, You must make it absolutely clear that 217 any terms which differ from this License are offered by You 218 alone, not by the Initial Developer or Contributor. You 219 hereby agree to indemnify the Initial Developer and every 220 Contributor for any liability incurred by the Initial 221 Developer or such Contributor as a result of any such terms 222 You offer. 223 224 3.6. Larger Works. 225 226 You may create a Larger Work by combining Covered Software 227 with other code not governed by the terms of this License 228 and distribute the Larger Work as a single product. In such 229 a case, You must make sure the requirements of this License 230 are fulfilled for the Covered Software. 231 232 4. Versions of the License. 233 234 4.1. New Versions. 235 236 Sun Microsystems, Inc. is the initial license steward and 237 may publish revised and/or new versions of this License 238 from time to time. Each version will be given a 239 distinguishing version number. Except as provided in 240 Section 4.3, no one other than the license steward has the 241 right to modify this License. 242 243 4.2. Effect of New Versions. 244 245 You may always continue to use, distribute or otherwise 246 make the Covered Software available under the terms of the 247 version of the License under which You originally received 248 the Covered Software. If the Initial Developer includes a 249 notice in the Original Software prohibiting it from being 250 distributed or otherwise made available under any 251 subsequent version of the License, You must distribute and 252 make the Covered Software available under the terms of the 253 version of the License under which You originally received 254 the Covered Software. Otherwise, You may also choose to 255 use, distribute or otherwise make the Covered Software 256 available under the terms of any subsequent version of the 257 License published by the license steward. 258 259 4.3. Modified Versions. 260 261 When You are an Initial Developer and You want to create a 262 new license for Your Original Software, You may create and 263 use a modified version of this License if You: (a) rename 264 the license and remove any references to the name of the 265 license steward (except to note that the license differs 266 from this License); and (b) otherwise make it clear that 267 the license contains terms which differ from this License. 268 269 270 5. DISCLAIMER OF WARRANTY. 271 272 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN �AS IS� 273 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 274 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 275 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 276 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 277 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 278 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 279 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF 280 ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 281 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 282 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 283 DISCLAIMER. 284 285 6. TERMINATION. 286 287 6.1. This License and the rights granted hereunder will 288 terminate automatically if You fail to comply with terms 289 herein and fail to cure such breach within 30 days of 290 becoming aware of the breach. Provisions which, by their 291 nature, must remain in effect beyond the termination of 292 this License shall survive. 293 294 6.2. If You assert a patent infringement claim (excluding 295 declaratory judgment actions) against Initial Developer or 296 a Contributor (the Initial Developer or Contributor against 297 whom You assert such claim is referred to as �Participant�) 298 alleging that the Participant Software (meaning the 299 Contributor Version where the Participant is a Contributor 300 or the Original Software where the Participant is the 301 Initial Developer) directly or indirectly infringes any 302 patent, then any and all rights granted directly or 303 indirectly to You by such Participant, the Initial 304 Developer (if the Initial Developer is not the Participant) 305 and all Contributors under Sections 2.1 and/or 2.2 of this 306 License shall, upon 60 days notice from Participant 307 terminate prospectively and automatically at the expiration 308 of such 60 day notice period, unless if within such 60 day 309 period You withdraw Your claim with respect to the 310 Participant Software against such Participant either 311 unilaterally or pursuant to a written agreement with 312 Participant. 313 314 6.3. In the event of termination under Sections 6.1 or 6.2 315 above, all end user licenses that have been validly granted 316 by You or any distributor hereunder prior to termination 317 (excluding licenses granted to You by any distributor) 318 shall survive termination. 319 320 7. LIMITATION OF LIABILITY. 321 322 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 323 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 324 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 325 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 326 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 327 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 328 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 329 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 330 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 331 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 332 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 333 INJURY RESULTING FROM SUCH PARTY�S NEGLIGENCE TO THE EXTENT 334 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 335 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 336 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 337 APPLY TO YOU. 338 339 8. U.S. GOVERNMENT END USERS. 340 341 The Covered Software is a �commercial item,� as that term is 342 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of �commercial 343 computer software� (as that term is defined at 48 C.F.R. � 344 252.227-7014(a)(1)) and �commercial computer software 345 documentation� as such terms are used in 48 C.F.R. 12.212 (Sept. 346 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 347 through 227.7202-4 (June 1995), all U.S. Government End Users 348 acquire Covered Software with only those rights set forth herein. 349 This U.S. Government Rights clause is in lieu of, and supersedes, 350 any other FAR, DFAR, or other clause or provision that addresses 351 Government rights in computer software under this License. 352 353 9. MISCELLANEOUS. 354 355 This License represents the complete agreement concerning subject 356 matter hereof. If any provision of this License is held to be 357 unenforceable, such provision shall be reformed only to the 358 extent necessary to make it enforceable. This License shall be 359 governed by the law of the jurisdiction specified in a notice 360 contained within the Original Software (except to the extent 361 applicable law, if any, provides otherwise), excluding such 362 jurisdiction�s conflict-of-law provisions. Any litigation 363 relating to this License shall be subject to the jurisdiction of 364 the courts located in the jurisdiction and venue specified in a 365 notice contained within the Original Software, with the losing 366 party responsible for costs, including, without limitation, court 367 costs and reasonable attorneys� fees and expenses. The 368 application of the United Nations Convention on Contracts for the 369 International Sale of Goods is expressly excluded. Any law or 370 regulation which provides that the language of a contract shall 371 be construed against the drafter shall not apply to this License. 372 You agree that You alone are responsible for compliance with the 373 United States export administration regulations (and the export 374 control laws and regulation of any other countries) when You use, 375 distribute or otherwise make available any Covered Software. 376 377 10. RESPONSIBILITY FOR CLAIMS. 378 379 As between Initial Developer and the Contributors, each party is 380 responsible for claims and damages arising, directly or 381 indirectly, out of its utilization of rights under this License 382 and You agree to work with Initial Developer and Contributors to 383 distribute such responsibility on an equitable basis. Nothing 384 herein is intended or shall be deemed to constitute any admission 385 of liability. 386