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