1 Unless otherwise noted, all files in this distribution are released 2 under the Common Development and Distribution License (CDDL), 3 Version 1.0 only. Exceptions are noted within the associated 4 source files. 5 6 -------------------------------------------------------------------- 7 8 9 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 10 11 1. Definitions. 12 13 1.1. "Contributor" means each individual or entity that creates 14 or contributes to the creation of Modifications. 15 16 1.2. "Contributor Version" means the combination of the Original 17 Software, prior Modifications used by a Contributor (if any), 18 and the Modifications made by that particular Contributor. 19 20 1.3. "Covered Software" means (a) the Original Software, or (b) 21 Modifications, or (c) the combination of files containing 22 Original Software with files containing Modifications, in 23 each case including portions thereof. 24 25 1.4. "Executable" means the Covered Software in any form other 26 than Source Code. 27 28 1.5. "Initial Developer" means the individual or entity that first 29 makes Original Software available under this License. 30 31 1.6. "Larger Work" means a work which combines Covered Software or 32 portions thereof with code not governed by the terms of this 33 License. 34 35 1.7. "License" means this document. 36 37 1.8. "Licensable" means having the right to grant, to the maximum 38 extent possible, whether at the time of the initial grant or 39 subsequently acquired, any and all of the rights conveyed 40 herein. 41 42 1.9. "Modifications" means the Source Code and Executable form of 43 any of the following: 44 45 A. Any file that results from an addition to, deletion from or 46 modification of the contents of a file containing Original 47 Software or previous Modifications; 48 49 B. Any new file that contains any part of the Original 50 Software or previous Modifications; or 51 52 C. Any new file that is contributed or otherwise made 53 available under the terms of this License. 54 55 1.10. "Original Software" means the Source Code and Executable 56 form of computer software code that is originally released 57 under this License. 58 59 1.11. "Patent Claims" means any patent claim(s), now owned or 60 hereafter acquired, including without limitation, method, 61 process, and apparatus claims, in any patent Licensable by 62 grantor. 63 64 1.12. "Source Code" means (a) the common form of computer software 65 code in which modifications are made and (b) associated 66 documentation included in or with such code. 67 68 1.13. "You" (or "Your") means an individual or a legal entity 69 exercising rights under, and complying with all of the terms 70 of, this License. For legal entities, "You" includes any 71 entity which controls, is controlled by, or is under common 72 control with You. For purposes of this definition, 73 "control" means (a) the power, direct or indirect, to cause 74 the direction or management of such entity, whether by 75 contract or otherwise, or (b) ownership of more than fifty 76 percent (50%) of the outstanding shares or beneficial 77 ownership of such entity. 78 79 2. License Grants. 80 81 2.1. The Initial Developer Grant. 82 83 Conditioned upon Your compliance with Section 3.1 below and 84 subject to third party intellectual property claims, the Initial 85 Developer hereby grants You a world-wide, royalty-free, 86 non-exclusive license: 87 88 (a) under intellectual property rights (other than patent or 89 trademark) Licensable by Initial Developer, to use, 90 reproduce, modify, display, perform, sublicense and 91 distribute the Original Software (or portions thereof), 92 with or without Modifications, and/or as part of a Larger 93 Work; and 94 95 (b) under Patent Claims infringed by the making, using or 96 selling of Original Software, to make, have made, use, 97 practice, sell, and offer for sale, and/or otherwise 98 dispose of the Original Software (or portions thereof). 99 100 (c) The licenses granted in Sections 2.1(a) and (b) are 101 effective on the date Initial Developer first distributes 102 or otherwise makes the Original Software available to a 103 third party under the terms of this License. 104 105 (d) Notwithstanding Section 2.1(b) above, no patent license is 106 granted: (1) for code that You delete from the Original 107 Software, or (2) for infringements caused by: (i) the 108 modification of the Original Software, or (ii) the 109 combination of the Original Software with other software 110 or devices. 111 112 2.2. Contributor Grant. 113 114 Conditioned upon Your compliance with Section 3.1 below and 115 subject to third party intellectual property claims, each 116 Contributor hereby grants You a world-wide, royalty-free, 117 non-exclusive license: 118 119 (a) under intellectual property rights (other than patent or 120 trademark) Licensable by Contributor to use, reproduce, 121 modify, display, perform, sublicense and distribute the 122 Modifications created by such Contributor (or portions 123 thereof), either on an unmodified basis, with other 124 Modifications, as Covered Software and/or as part of a 125 Larger Work; and 126 127 (b) under Patent Claims infringed by the making, using, or 128 selling of Modifications made by that Contributor either 129 alone and/or in combination with its Contributor Version 130 (or portions of such combination), to make, use, sell, 131 offer for sale, have made, and/or otherwise dispose of: 132 (1) Modifications made by that Contributor (or portions 133 thereof); and (2) the combination of Modifications made by 134 that Contributor with its Contributor Version (or portions 135 of such combination). 136 137 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 138 effective on the date Contributor first distributes or 139 otherwise makes the Modifications available to a third 140 party. 141 142 (d) Notwithstanding Section 2.2(b) above, no patent license is 143 granted: (1) for any code that Contributor has deleted 144 from the Contributor Version; (2) for infringements caused 145 by: (i) third party modifications of Contributor Version, 146 or (ii) the combination of Modifications made by that 147 Contributor with other software (except as part of the 148 Contributor Version) or other devices; or (3) under Patent 149 Claims infringed by Covered Software in the absence of 150 Modifications made by that Contributor. 151 152 3. Distribution Obligations. 153 154 3.1. Availability of Source Code. 155 156 Any Covered Software that You distribute or otherwise make 157 available in Executable form must also be made available in Source 158 Code form and that Source Code form must be distributed only under 159 the terms of this License. You must include a copy of this 160 License with every copy of the Source Code form of the Covered 161 Software You distribute or otherwise make available. You must 162 inform recipients of any such Covered Software in Executable form 163 as to how they can obtain such Covered Software in Source Code 164 form in a reasonable manner on or through a medium customarily 165 used for software exchange. 166 167 3.2. Modifications. 168 169 The Modifications that You create or to which You contribute are 170 governed by the terms of this License. You represent that You 171 believe Your Modifications are Your original creation(s) and/or 172 You have sufficient rights to grant the rights conveyed by this 173 License. 174 175 3.3. Required Notices. 176 177 You must include a notice in each of Your Modifications that 178 identifies You as the Contributor of the Modification. You may 179 not remove or alter any copyright, patent or trademark notices 180 contained within the Covered Software, or any notices of licensing 181 or any descriptive text giving attribution to any Contributor or 182 the Initial Developer. 183 184 3.4. Application of Additional Terms. 185 186 You may not offer or impose any terms on any Covered Software in 187 Source Code form that alters or restricts the applicable version 188 of this License or the recipients' rights hereunder. You may 189 choose to offer, and to charge a fee for, warranty, support, 190 indemnity or liability obligations to one or more recipients of 191 Covered Software. However, you may do so only on Your own behalf, 192 and not on behalf of the Initial Developer or any Contributor. 193 You must make it absolutely clear that any such warranty, support, 194 indemnity or liability obligation is offered by You alone, and You 195 hereby agree to indemnify the Initial Developer and every 196 Contributor for any liability incurred by the Initial Developer or 197 such Contributor as a result of warranty, support, indemnity or 198 liability terms You offer. 199 200 3.5. Distribution of Executable Versions. 201 202 You may distribute the Executable form of the Covered Software 203 under the terms of this License or under the terms of a license of 204 Your choice, which may contain terms different from this License, 205 provided that You are in compliance with the terms of this License 206 and that the license for the Executable form does not attempt to 207 limit or alter the recipient's rights in the Source Code form from 208 the rights set forth in this License. If You distribute the 209 Covered Software in Executable form under a different license, You 210 must make it absolutely clear that any terms which differ from 211 this License are offered by You alone, not by the Initial 212 Developer or Contributor. You hereby agree to indemnify the 213 Initial Developer and every Contributor for any liability incurred 214 by the Initial Developer or such Contributor as a result of any 215 such terms You offer. 216 217 3.6. Larger Works. 218 219 You may create a Larger Work by combining Covered Software with 220 other code not governed by the terms of this License and 221 distribute the Larger Work as a single product. In such a case, 222 You must make sure the requirements of this License are fulfilled 223 for the Covered Software. 224 225 4. Versions of the License. 226 227 4.1. New Versions. 228 229 Sun Microsystems, Inc. is the initial license steward and may 230 publish revised and/or new versions of this License from time to 231 time. Each version will be given a distinguishing version number. 232 Except as provided in Section 4.3, no one other than the license 233 steward has the right to modify this License. 234 235 4.2. Effect of New Versions. 236 237 You may always continue to use, distribute or otherwise make the 238 Covered Software available under the terms of the version of the 239 License under which You originally received the Covered Software. 240 If the Initial Developer includes a notice in the Original 241 Software prohibiting it from being distributed or otherwise made 242 available under any subsequent version of the License, You must 243 distribute and make the Covered Software available under the terms 244 of the version of the License under which You originally received 245 the Covered Software. Otherwise, You may also choose to use, 246 distribute or otherwise make the Covered Software available under 247 the terms of any subsequent version of the License published by 248 the license steward. 249 250 4.3. Modified Versions. 251 252 When You are an Initial Developer and You want to create a new 253 license for Your Original Software, You may create and use a 254 modified version of this License if You: (a) rename the license 255 and remove any references to the name of the license steward 256 (except to note that the license differs from this License); and 257 (b) otherwise make it clear that the license contains terms which 258 differ from this License. 259 260 5. DISCLAIMER OF WARRANTY. 261 262 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 263 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 264 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 265 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 266 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 267 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 268 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 269 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 270 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 271 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 272 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 273 DISCLAIMER. 274 275 6. TERMINATION. 276 277 6.1. This License and the rights granted hereunder will terminate 278 automatically if You fail to comply with terms herein and fail to 279 cure such breach within 30 days of becoming aware of the breach. 280 Provisions which, by their nature, must remain in effect beyond 281 the termination of this License shall survive. 282 283 6.2. If You assert a patent infringement claim (excluding 284 declaratory judgment actions) against Initial Developer or a 285 Contributor (the Initial Developer or Contributor against whom You 286 assert such claim is referred to as "Participant") alleging that 287 the Participant Software (meaning the Contributor Version where 288 the Participant is a Contributor or the Original Software where 289 the Participant is the Initial Developer) directly or indirectly 290 infringes any patent, then any and all rights granted directly or 291 indirectly to You by such Participant, the Initial Developer (if 292 the Initial Developer is not the Participant) and all Contributors 293 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 294 notice from Participant terminate prospectively and automatically 295 at the expiration of such 60 day notice period, unless if within 296 such 60 day period You withdraw Your claim with respect to the 297 Participant Software against such Participant either unilaterally 298 or pursuant to a written agreement with Participant. 299 300 6.3. In the event of termination under Sections 6.1 or 6.2 above, 301 all end user licenses that have been validly granted by You or any 302 distributor hereunder prior to termination (excluding licenses 303 granted to You by any distributor) shall survive termination. 304 305 7. LIMITATION OF LIABILITY. 306 307 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 308 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 309 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 310 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 311 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 312 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 313 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 314 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 315 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 316 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 317 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 318 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 319 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 320 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 321 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 322 APPLY TO YOU. 323 324 8. U.S. GOVERNMENT END USERS. 325 326 The Covered Software is a "commercial item," as that term is 327 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 328 computer software" (as that term is defined at 48 329 C.F.R. 252.227-7014(a)(1)) and "commercial computer software 330 documentation" as such terms are used in 48 C.F.R. 12.212 331 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 332 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 333 U.S. Government End Users acquire Covered Software with only those 334 rights set forth herein. This U.S. Government Rights clause is in 335 lieu of, and supersedes, any other FAR, DFAR, or other clause or 336 provision that addresses Government rights in computer software 337 under this License. 338 339 9. MISCELLANEOUS. 340 341 This License represents the complete agreement concerning subject 342 matter hereof. If any provision of this License is held to be 343 unenforceable, such provision shall be reformed only to the extent 344 necessary to make it enforceable. This License shall be governed 345 by the law of the jurisdiction specified in a notice contained 346 within the Original Software (except to the extent applicable law, 347 if any, provides otherwise), excluding such jurisdiction's 348 conflict-of-law provisions. Any litigation relating to this 349 License shall be subject to the jurisdiction of the courts located 350 in the jurisdiction and venue specified in a notice contained 351 within the Original Software, with the losing party responsible 352 for costs, including, without limitation, court costs and 353 reasonable attorneys' fees and expenses. The application of the 354 United Nations Convention on Contracts for the International Sale 355 of Goods is expressly excluded. Any law or regulation which 356 provides that the language of a contract shall be construed 357 against the drafter shall not apply to this License. You agree 358 that You alone are responsible for compliance with the United 359 States export administration regulations (and the export control 360 laws and regulation of any other countries) when You use, 361 distribute or otherwise make available any Covered Software. 362 363 10. RESPONSIBILITY FOR CLAIMS. 364 365 As between Initial Developer and the Contributors, each party is 366 responsible for claims and damages arising, directly or 367 indirectly, out of its utilization of rights under this License 368 and You agree to work with Initial Developer and Contributors to 369 distribute such responsibility on an equitable basis. Nothing 370 herein is intended or shall be deemed to constitute any admission 371 of liability. 372 373 -------------------------------------------------------------------- 374 375 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 376 DISTRIBUTION LICENSE (CDDL) 377 378 For Covered Software in this distribution, this License shall 379 be governed by the laws of the State of California (excluding 380 conflict-of-law provisions). 381 382 Any litigation relating to this License shall be subject to the 383 jurisdiction of the Federal Courts of the Northern District of 384 California and the state courts of the State of California, with 385 venue lying in Santa Clara County, California.