1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) 2 3Version 1.0 4 51. Definitions. 6 71.1. “Contributor” means each individual or entity that creates or contributes 8to the creation of Modifications. 9 101.2. “Contributor Version” means the combination of the Original Software, 11prior Modifications used by a Contributor (if any), and the Modifications made 12by that particular Contributor. 13 141.3. “Covered Software” means (a) the Original Software, or (b) Modifications, 15or (c) the combination of files containing Original Software with files 16containing Modifications, in each case including portions thereof. 17 181.4. “Executable” means the Covered Software in any form other than Source 19Code. 20 211.5. “Initial Developer” means the individual or entity that first makes 22Original Software available under this License. 23 241.6. “Larger Work” means a work which combines Covered Software or portions 25thereof with code not governed by the terms of this License. 26 271.7. “License” means this document. 28 291.8. “Licensable” means having the right to grant, to the maximum extent 30possible, whether at the time of the initial grant or subsequently acquired, 31any and all of the rights conveyed herein. 32 331.9. “Modifications” means the Source Code and Executable form of any of the 34following: 35 36A. Any file that results from an addition to, deletion from or modification of 37the contents of a file containing Original Software or previous Modifications; 38 39B. Any new file that contains any part of the Original Software or previous 40Modification; or 41 42C. Any new file that is contributed or otherwise made available under the 43terms of this License. 44 451.10. “Original Software” means the Source Code and Executable form of 46computer software code that is originally released under this License. 47 481.11. “Patent Claims” means any patent claim(s), now owned or hereafter 49acquired, including without limitation, method, process, and apparatus claims, 50in any patent Licensable by grantor. 51 521.12. “Source Code” means (a) the common form of computer software code in 53which modifications are made and (b) associated documentation included in or 54with such code. 55 561.13. “You” (or “Your”) means an individual or a legal entity exercising 57rights under, and complying with all of the terms of, this License. For legal 58entities, “You” includes any entity which controls, is controlled by, or is 59under common control with You. For purposes of this definition, “control” 60means (a) the power, direct or indirect, to cause the direction or management 61of such entity, whether by contract or otherwise, or (b) ownership of more 62than fifty percent (50%) of the outstanding shares or beneficial ownership of 63such entity. 64 652. License Grants. 66 672.1. The Initial Developer Grant. 68 69Conditioned upon Your compliance with Section 3.1 below and subject to third 70party intellectual property claims, the Initial Developer hereby grants You a 71world-wide, royalty-free, non-exclusive license: 72 73(a) under intellectual property rights (other than patent or trademark) 74Licensable by Initial Developer, to use, reproduce, modify, display, perform, 75sublicense and distribute the Original Software (or portions thereof), with or 76without Modifications, and/or as part of a Larger Work; and 77 78(b) under Patent Claims infringed by the making, using or selling of Original 79Software, to make, have made, use, practice, sell, and offer for sale, and/or 80otherwise dispose of the Original Software (or portions thereof). 81 82(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date 83Initial Developer first distributes or otherwise makes the Original Software 84available to a third party under the terms of this License. 85 86(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) 87for code that You delete from the Original Software, or (2) for infringements 88caused by: (i) the modification of the Original Software, or (ii) the 89combination of the Original Software with other software or devices. 90 912.2. Contributor Grant. 92 93Conditioned upon Your compliance with Section 3.1 below and subject to third 94party intellectual property claims, each Contributor hereby grants You a 95world-wide, royalty-free, non-exclusive license: 96 97(a) under intellectual property rights (other than patent or trademark) 98Licensable by Contributor to use, reproduce, modify, display, perform, 99sublicense and distribute the Modifications created by such Contributor (or 100portions thereof), either on an unmodified basis, with other Modifications, as 101Covered Software and/or as part of a Larger Work; and 102 103(b) under Patent Claims infringed by the making, using, or selling of 104Modifications made by that Contributor either alone and/or in combination with 105its Contributor Version (or portions of such combination), to make, use, sell, 106offer for sale, have made, and/or otherwise dispose of: (1) Modifications made 107by that Contributor (or portions thereof); and (2) the combination of 108Modifications made by that Contributor with its Contributor Version (or 109portions of such combination). 110 111(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the 112date Contributor first distributes or otherwise makes the Modifications 113available to a third party. 114 115(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) 116for any code that Contributor has deleted from the Contributor Version; (2) 117for infringements caused by: (i) third party modifications of Contributor 118Version, or (ii) the combination of Modifications made by that Contributor 119with other software (except as part of the Contributor Version) or other 120devices; or (3) under Patent Claims infringed by Covered Software in the 121absence of Modifications made by that Contributor. 122 1233. Distribution Obligations. 124 1253.1. Availability of Source Code. 126 127Any Covered Software that You distribute or otherwise make available in 128Executable form must also be made available in Source Code form and that 129Source Code form must be distributed only under the terms of this License. You 130must include a copy of this License with every copy of the Source Code form of 131the Covered Software You distribute or otherwise make available. You must 132inform recipients of any such Covered Software in Executable form as to how 133they can obtain such Covered Software in Source Code form in a reasonable 134manner on or through a medium customarily used for software exchange. 135 1363.2. Modifications. 137 138The Modifications that You create or to which You contribute are governed by 139the terms of this License. You represent that You believe Your Modifications 140are Your original creation(s) and/or You have sufficient rights to grant the 141rights conveyed by this License. 142 1433.3. Required Notices. 144 145You must include a notice in each of Your Modifications that identifies You as 146the Contributor of the Modification. You may not remove or alter any 147copyright, patent or trademark notices contained within the Covered Software, 148or any notices of licensing or any descriptive text giving attribution to any 149Contributor or the Initial Developer. 150 1513.4. Application of Additional Terms. 152 153You may not offer or impose any terms on any Covered Software in Source Code 154form that alters or restricts the applicable version of this License or the 155recipients’ rights hereunder. You may choose to offer, and to charge a fee 156for, warranty, support, indemnity or liability obligations to one or more 157recipients of Covered Software. However, you may do so only on Your own 158behalf, and not on behalf of the Initial Developer or any Contributor. You 159must make it absolutely clear that any such warranty, support, indemnity or 160liability obligation is offered by You alone, and You hereby agree to 161indemnify the Initial Developer and every Contributor for any liability 162incurred by the Initial Developer or such Contributor as a result of warranty, 163support, indemnity or liability terms You offer. 164 1653.5. Distribution of Executable Versions. 166 167You may distribute the Executable form of the Covered Software under the terms 168of this License or under the terms of a license of Your choice, which may 169contain terms different from this License, provided that You are in compliance 170with the terms of this License and that the license for the Executable form 171does not attempt to limit or alter the recipient’s rights in the Source Code 172form from the rights set forth in this License. If You distribute the Covered 173Software in Executable form under a different license, You must make it 174absolutely clear that any terms which differ from this License are offered by 175You alone, not by the Initial Developer or Contributor. You hereby agree to 176indemnify the Initial Developer and every Contributor for any liability 177incurred by the Initial Developer or such Contributor as a result of any such 178terms You offer. 179 1803.6. Larger Works. 181 182You may create a Larger Work by combining Covered Software with other code not 183governed by the terms of this License and distribute the Larger Work as a 184single product. In such a case, You must make sure the requirements of this 185License are fulfilled for the Covered Software. 186 1874. Versions of the License. 188 1894.1. New Versions. 190 191Sun Microsystems, Inc. is the initial license steward and may publish revised 192and/or new versions of this License from time to time. Each version will be 193given a distinguishing version number. Except as provided in Section 4.3, no 194one other than the license steward has the right to modify this License. 195 1964.2. Effect of New Versions. 197 198You may always continue to use, distribute or otherwise make the Covered 199Software available under the terms of the version of the License under which 200You originally received the Covered Software. If the Initial Developer 201includes a notice in the Original Software prohibiting it from being 202distributed or otherwise made available under any subsequent version of the 203License, You must distribute and make the Covered Software available under the 204terms of the version of the License under which You originally received the 205Covered Software. Otherwise, You may also choose to use, distribute or 206otherwise make the Covered Software available under the terms of any 207subsequent version of the License published by the license steward. 208 2094.3. Modified Versions. 210 211When You are an Initial Developer and You want to create a new license for 212Your Original Software, You may create and use a modified version of this 213License if You: (a) rename the license and remove any references to the name 214of the license steward (except to note that the license differs from this 215License); and (b) otherwise make it clear that the license contains terms 216which differ from this License. 217 2185. DISCLAIMER OF WARRANTY. 219 220COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT 221WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT 222LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, 223MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK 224AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD 225ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL 226DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY 227SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN 228ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED 229HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 230 2316. TERMINATION. 232 2336.1. This License and the rights granted hereunder will terminate 234automatically if You fail to comply with terms herein and fail to cure such 235breach within 30 days of becoming aware of the breach. Provisions which, by 236their nature, must remain in effect beyond the termination of this License 237shall survive. 238 2396.2. If You assert a patent infringement claim (excluding declaratory judgment 240actions) against Initial Developer or a Contributor (the Initial Developer or 241Contributor against whom You assert such claim is referred to as 242“Participant”) alleging that the Participant Software (meaning the Contributor 243Version where the Participant is a Contributor or the Original Software where 244the Participant is the Initial Developer) directly or indirectly infringes any 245patent, then any and all rights granted directly or indirectly to You by such 246Participant, the Initial Developer (if the Initial Developer is not the 247Participant) and all Contributors under Sections 2.1 and/or 2.2 of this 248License shall, upon 60 days notice from Participant terminate prospectively 249and automatically at the expiration of such 60 day notice period, unless if 250within such 60 day period You withdraw Your claim with respect to the 251Participant Software against such Participant either unilaterally or pursuant 252to a written agreement with Participant. 253 2546.3. In the event of termination under Sections 6.1 or 6.2 above, all end user 255licenses that have been validly granted by You or any distributor hereunder 256prior to termination (excluding licenses granted to You by any distributor) 257shall survive termination. 258 2597. LIMITATION OF LIABILITY. 260 261UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING 262NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY 263OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF 264ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, 265INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 266LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, 267COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 268LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 269DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH 270OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT 271APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 272EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS 273EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 274 2758. U.S. GOVERNMENT END USERS. 276 277The Covered Software is a “commercial item,” as that term is defined in 48 278C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as 279that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial 280computer software documentation” as such terms are used in 48 C.F.R. 12.212 281(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 282through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered 283Software with only those rights set forth herein. This U.S. Government Rights 284clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or 285provision that addresses Government rights in computer software under this 286License. 287 2889. MISCELLANEOUS. 289 290This License represents the complete agreement concerning subject matter 291hereof. If any provision of this License is held to be unenforceable, such 292provision shall be reformed only to the extent necessary to make it 293enforceable. This License shall be governed by the law of the jurisdiction 294specified in a notice contained within the Original Software (except to the 295extent applicable law, if any, provides otherwise), excluding such 296jurisdiction’s conflict-of-law provisions. Any litigation relating to this 297License shall be subject to the jurisdiction of the courts located in the 298jurisdiction and venue specified in a notice contained within the Original 299Software, with the losing party responsible for costs, including, without 300limitation, court costs and reasonable attorneys’ fees and expenses. The 301application of the United Nations Convention on Contracts for the 302International Sale of Goods is expressly excluded. Any law or regulation which 303provides that the language of a contract shall be construed against the 304drafter shall not apply to this License. You agree that You alone are 305responsible for compliance with the United States export administration 306regulations (and the export control laws and regulation of any other 307countries) when You use, distribute or otherwise make available any Covered 308Software. 309 31010. RESPONSIBILITY FOR CLAIMS. 311 312As between Initial Developer and the Contributors, each party is responsible 313for claims and damages arising, directly or indirectly, out of its utilization 314of rights under this License and You agree to work with Initial Developer and 315Contributors to distribute such responsibility on an equitable basis. Nothing 316herein is intended or shall be deemed to constitute any admission of 317liability. 318 319