Subversion Repositories XServices

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) 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 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 recipientsÕ

            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 recipientÕs 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 PARTYÕS 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

      jurisdictionÕs 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 attorneysÕ 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.