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
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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 Germany (excluding conflict-of-law
372provisions).
373
374Any litigation relating to this License shall be subject to the
375jurisdiction and the courts of Berlin Germany, with venue lying
376in Berlin Germany.
377