CDDLv1.0.txt

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 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.

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. 

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 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. 

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 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.

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. 

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 
(CDDL)

For Covered Software in this distribution, this License 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.