| 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. |
