| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1 | |
| 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. | |
| Oracle 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. If You assert a patent infringement claim against Participant | |
| alleging that the Participant Software directly or indirectly | |
| infringes any patent where such claim is resolved (such as by | |
| license or settlement) prior to the initiation of patent | |
| infringement litigation, then the reasonable value of the licenses | |
| granted by such Participant under Sections 2.1 or 2.2 shall be taken | |
| into account in determining the amount or value of any payment or | |
| license. | |
| 6.4. 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 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. ยง | |
| 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) | |
| The code released under the CDDL 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. |