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