| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
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| 1. Definitions. |
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| 1.1. Contributor means each individual or entity that creates or |
| contributes to the creation of Modifications. |
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| 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. |
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| 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. |
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| 1.4. Executable means the Covered Software in any form other |
| than Source Code. |
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| 1.5. Initial Developer means the individual or entity that first |
| makes Original Software available under this License. |
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| 1.6. Larger Workmeans a work which combines Covered Software or |
| portions thereof with code not governed by the terms of this |
| License. |
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| 1.7. License means this document. |
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| 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. |
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| 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. |
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| 1.10. Original Software means the Source Code and Executable |
| form of computer software code that is originally released under |
| this License. |
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| 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. |
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| 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. |
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| 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. |
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| 2. License Grants. |
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| 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: |
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| (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 |
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| (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); |
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| (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; |
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| (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. |
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| 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: |
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| (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 |
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| (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). |
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| (c) The licenses granted in Sections 2.2(a) and 2.2(b) |
| areeffective on the date Contributor first distributes or |
| otherwise makes the Modifications available to a third party. |
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| (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. |
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| 3. Distribution Obligations. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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 recipients 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. |
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| 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. |
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| 4. Versions of the License. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 6. TERMINATION. |
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| 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. |
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| 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. |
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| 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. |
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| 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 |
| PARTYS 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. |
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| 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. |
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| 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 jurisdictions 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. |
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| 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. |
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| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| DISTRIBUTION LICENSE (CDDL): This code is released under the |
| CDDL and 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. |
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