| Unless otherwise noted, all files in this distribution are released |
| under the Common Development and Distribution License (CDDL). |
| Exceptions are noted within the associated source files. |
| |
| -------------------------------------------------------------------- |
| |
| |
| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 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 Modifications; 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. |
| |
| -------------------------------------------------------------------- |
| |
| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| DISTRIBUTION LICENSE (CDDL) |
| |
| For Covered Software in this distribution, this License shall |
| be governed by the laws of the State of California (excluding |
| conflict-of-law provisions). |
| |
| Any litigation relating to this License shall be subject to the |
| jurisdiction of the Federal Courts of the Northern District of |
| California and the state courts of the State of California, with |
| venue lying in Santa Clara County, California. |
