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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 Work" means 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: |
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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; |
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B. Any new file that contains any part of the |
Original Software or previous Modification; or |
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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. |
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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. |
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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) are effective 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. |
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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. |
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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. |
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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. |
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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. |
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3.5. Distribution of Executable Versions. |
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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. |
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3.6. Larger Works. |
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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. |
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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. |
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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. |
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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. |
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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. |
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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. |
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8. U.S. GOVERNMENT END USERS. |
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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. |
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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. |
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10. RESPONSIBILITY FOR CLAIMS. |
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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. |