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