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-
-COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
-Version 1.0
-1. Definitions.
-
-1.1. "Contributor" means each individual or entity that creates or
-contributes to the creation of Modifications.
-
-1.2. "Contributor Version" means the combination of the Original
-Software, prior Modifications used by a Contributor (if any), and the
-Modifications made by that particular Contributor.
-
-1.3. "Covered Software" means (a) the Original Software, or (b)
-Modifications, or (c) the combination of files containing Original Software
-with files containing Modifications, in each case including portions thereof.
-
-1.4. "Executable" means the Covered Software in any form other than
-Source Code.
-
-1.5. "Initial Developer" means the individual or entity that first
-makes Original Software available under this License.
-
-1.6. "Larger Work" means a work which combines Covered Software or
-portions thereof with code not governed by the terms of this License.
-
-1.7. "License" means this document.
-
-1.8. "Licensable" means having the right to grant, to the maximum
-extent possible, whether at the time of the initial grant or subsequently
-acquired, any and all of the rights conveyed herein.
-
-1.9. "Modifications" means the Source Code and Executable form of
-any of the following:
-
-A. Any file that results from an addition to, deletion from or modification of
-the contents of a file containing Original Software or previous Modifications;
-
-B. Any new file that contains any part of the Original Software or previous
-Modification; or
-
-C. Any new file that is contributed or otherwise made available under the terms
-of this License.
-
-1.10. "Original Software" means the Source Code and Executable form
-of computer software code that is originally released under this License.
-
-1.11. "Patent Claims" means any patent claim(s), now owned or
-hereafter acquired, including without limitation, method, process, and
-apparatus claims, in any patent Licensable by grantor.
-
-1.12. "Source Code" means (a) the common form of computer software
-code in which modifications are made and (b) associated documentation included
-in or with such code.
-
-1.13. "You" (or "Your") means an individual or a legal
-entity exercising rights under, and complying with all of the terms of, this
-License. For legal entities, "You" includes any entity which
-controls, is controlled by, or is under common control with You. For purposes
-of this definition, "control" means (a) the power, direct or
-indirect, to cause the direction or management of such entity, whether by
-contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
-outstanding shares or beneficial ownership of such entity.
-
-2. License Grants.
-
-2.1. The Initial Developer Grant.
-
-Conditioned upon Your compliance with Section 3.1 below and subject to third
-party intellectual property claims, the Initial Developer hereby grants You a
-world-wide, royalty-free, non-exclusive license:
-
-(a) under intellectual property rights (other than patent or trademark)
-Licensable by Initial Developer, to use, reproduce, modify, display, perform,
-sublicense and distribute the Original Software (or portions thereof), with or
-without Modifications, and/or as part of a Larger Work; and
-
-(b) under Patent Claims infringed by the making, using or selling of Original
-Software, to make, have made, use, practice, sell, and offer for sale, and/or
-otherwise dispose of the Original Software (or portions thereof).
-
-(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
-Initial Developer first distributes or otherwise makes the Original Software
-available to a third party under the terms of this License.
-
-(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for
-code that You delete from the Original Software, or (2) for infringements
-caused by: (i) the modification of the Original Software, or (ii) the
-combination of the Original Software with other software or devices.
-
-2.2. Contributor Grant.
-
-Conditioned upon Your compliance with Section 3.1 below and subject to third
-party intellectual property claims, each Contributor hereby grants You a world-
-wide, royalty-free, non-exclusive license:
-
-(a) under intellectual property rights (other than patent or trademark)
-Licensable by Contributor to use, reproduce, modify, display, perform,
-sublicense and distribute the Modifications created by such Contributor (or
-portions thereof), either on an unmodified basis, with other Modifications, as
-Covered Software and/or as part of a Larger Work; and
-
-(b) under Patent Claims infringed by the making, using, or selling of
-Modifications made by that Contributor either alone and/or in combination with
-its Contributor Version (or portions of such combination), to make, use, sell,
-offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
-by that Contributor (or portions thereof); and (2) the combination of
-Modifications made by that Contributor with its Contributor Version (or
-portions of such combination).
-
-(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
-date Contributor first distributes or otherwise makes the Modifications
-available to a third party.
-
-(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for
-any code that Contributor has deleted from the Contributor Version; (2) for
-infringements caused by: (i) third party modifications of Contributor Version,
-or (ii) the combination of Modifications made by that Contributor with other
-software (except as part of the Contributor Version) or other devices; or (3)
-under Patent Claims infringed by Covered Software in the absence of
-Modifications made by that Contributor.
-
-3. Distribution Obligations.
-
-3.1. Availability of Source Code.
-
-Any Covered Software that You distribute or otherwise make available in
-Executable form must also be made available in Source Code form and that Source
-Code form must be distributed only under the terms of this License. You must
-include a copy of this License with every copy of the Source Code form of the
-Covered Software You distribute or otherwise make available. You must inform
-recipients of any such Covered Software in Executable form as to how they can
-obtain such Covered Software in Source Code form in a reasonable manner on or
-through a medium customarily used for software exchange.
-
-3.2. Modifications.
-
-The Modifications that You create or to which You contribute are governed by
-the terms of this License. You represent that You believe Your Modifications
-are Your original creation(s) and/or You have sufficient rights to grant the
-rights conveyed by this License.
-
-3.3. Required Notices.
-
-You must include a notice in each of Your Modifications that identifies You as
-the Contributor of the Modification. You may not remove or alter any copyright,
-patent or trademark notices contained within the Covered Software, or any
-notices of licensing or any descriptive text giving attribution to any
-Contributor or the Initial Developer.
-
-3.4. Application of Additional Terms.
-
-You may not offer or impose any terms on any Covered Software in Source Code
-form that alters or restricts the applicable version of this License or the
-recipients’ rights hereunder. You may choose to offer, and to charge a
-fee for, warranty, support, indemnity or liability obligations to one or more
-recipients of Covered Software. However, you may do so only on Your own behalf,
-and not on behalf of the Initial Developer or any Contributor. You must make it
-absolutely clear that any such warranty, support, indemnity or liability
-obligation is offered by You alone, and You hereby agree to indemnify the
-Initial Developer and every Contributor for any liability incurred by the
-Initial Developer or such Contributor as a result of warranty, support,
-indemnity or liability terms You offer.
-
-3.5. Distribution of Executable Versions.
-
-You may distribute the Executable form of the Covered Software under the terms
-of this License or under the terms of a license of Your choice, which may
-contain terms different from this License, provided that You are in compliance
-with the terms of this License and that the license for the Executable form
-does not attempt to limit or alter the recipient’s rights in the Source
-Code form from the rights set forth in this License. If You distribute the
-Covered Software in Executable form under a different license, You must make it
-absolutely clear that any terms which differ from this License are offered by
-You alone, not by the Initial Developer or Contributor. You hereby agree to
-indemnify the Initial Developer and every Contributor for any liability
-incurred by the Initial Developer or such Contributor as a result of any such
-terms You offer.
-
-3.6. Larger Works.
-
-You may create a Larger Work by combining Covered Software with other code not
-governed by the terms of this License and distribute the Larger Work as a
-single product. In such a case, You must make sure the requirements of this
-License are fulfilled for the Covered Software.
-
-4. Versions of the License.
-
-4.1. New Versions.
-
-Sun Microsystems, Inc. is the initial license steward and may publish revised
-and/or new versions of this License from time to time. Each version will be
-given a distinguishing version number. Except as provided in Section 4.3, no
-one other than the license steward has the right to modify this License.
-
-4.2. Effect of New Versions.
-
-You may always continue to use, distribute or otherwise make the Covered
-Software available under the terms of the version of the License under which
-You originally received the Covered Software. If the Initial Developer includes
-a notice in the Original Software prohibiting it from being distributed or
-otherwise made available under any subsequent version of the License, You must
-distribute and make the Covered Software available under the terms of the
-version of the License under which You originally received the Covered
-Software. Otherwise, You may also choose to use, distribute or otherwise make
-the Covered Software available under the terms of any subsequent version of the
-License published by the license steward.
-
-4.3. Modified Versions.
-
-When You are an Initial Developer and You want to create a new license for Your
-Original Software, You may create and use a modified version of this License if
-You: (a) rename the license and remove any references to the name of the
-license steward (except to note that the license differs from this License);
-and (b) otherwise make it clear that the license contains terms which differ
-from this License.
-
-5. DISCLAIMER OF WARRANTY.
-
-COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
-BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
-WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
-MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
-AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
-ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
-DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
-REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
-OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
-UNDER THIS DISCLAIMER.
-
-6. TERMINATION.
-
-6.1. This License and the rights granted hereunder will terminate automatically
-if You fail to comply with terms herein and fail to cure such breach within 30
-days of becoming aware of the breach. Provisions which, by their nature, must
-remain in effect beyond the termination of this License shall survive.
-
-6.2. If You assert a patent infringement claim (excluding declaratory judgment
-actions) against Initial Developer or a Contributor (the Initial Developer or
-Contributor against whom You assert such claim is referred to as
-"Participant") alleging that the Participant Software (meaning the
-Contributor Version where the Participant is a Contributor or the Original
-Software where the Participant is the Initial Developer) directly or indirectly
-infringes any patent, then any and all rights granted directly or indirectly to
-You by such Participant, the Initial Developer (if the Initial Developer is not
-the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
-License shall, upon 60 days notice from Participant terminate prospectively and
-automatically at the expiration of such 60 day notice period, unless if within
-such 60 day period You withdraw Your claim with respect to the Participant
-Software against such Participant either unilaterally or pursuant to a written
-agreement with Participant.
-
-6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
-licenses that have been validly granted by You or any distributor hereunder
-prior to termination (excluding licenses granted to You by any distributor)
-shall survive termination.
-
-7. LIMITATION OF LIABILITY.
-
-UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
-NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
-OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
-ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
-INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
-LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
-FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
-IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
-LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
-INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE
-LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
-LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
-LIMITATION MAY NOT APPLY TO YOU.
-
-8. U.S. GOVERNMENT END USERS.
-
-The Covered Software is a "commercial item," as that term is
-defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
-computer software" (as that term is defined at 48 C.F.R. § 252.227-7014
-(a)(1)) and "commercial computer software documentation" as such
-terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
-12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
-Government End Users acquire Covered Software with only those rights set forth
-herein. This U.S. Government Rights clause is in lieu of, and supersedes, any
-other FAR, DFAR, or other clause or provision that addresses Government rights
-in computer software under this License.
-
-9. MISCELLANEOUS.
-
-This License represents the complete agreement concerning subject matter
-hereof. If any provision of this License is held to be unenforceable, such
-provision shall be reformed only to the extent necessary to make it
-enforceable. This License shall be governed by the law of the jurisdiction
-specified in a notice contained within the Original Software (except to the
-extent applicable law, if any, provides otherwise), excluding such
-jurisdiction’s conflict-of-law provisions. Any litigation relating to
-this License shall be subject to the jurisdiction of the courts located in the
-jurisdiction and venue specified in a notice contained within the Original
-Software, with the losing party responsible for costs, including, without
-limitation, court costs and reasonable attorneys’ fees and expenses. The
-application of the United Nations Convention on Contracts for the International
-Sale of Goods is expressly excluded. Any law or regulation which provides that
-the language of a contract shall be construed against the drafter shall not
-apply to this License. You agree that You alone are responsible for compliance
-with the United States export administration regulations (and the export
-control laws and regulation of any other countries) when You use, distribute or
-otherwise make available any Covered Software.
-
-10. RESPONSIBILITY FOR CLAIMS.
-
-As between Initial Developer and the Contributors, each party is responsible
-for claims and damages arising, directly or indirectly, out of its utilization
-of rights under this License and You agree to work with Initial Developer and
-Contributors to distribute such responsibility on an equitable basis. Nothing
-herein is intended or shall be deemed to constitute any admission of liability.