1Unless otherwise noted, all files in this distribution are released 2under the Common Development and Distribution License (CDDL). 3Exceptions are noted within the associated source files. 4 5-------------------------------------------------------------------- 6 7 8COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 9 101. Definitions. 11 12 1.1. "Contributor" means each individual or entity that creates 13 or contributes to the creation of Modifications. 14 15 1.2. "Contributor Version" means the combination of the Original 16 Software, prior Modifications used by a Contributor (if any), 17 and the Modifications made by that particular Contributor. 18 19 1.3. "Covered Software" means (a) the Original Software, or (b) 20 Modifications, or (c) the combination of files containing 21 Original Software with files containing Modifications, in 22 each case including portions thereof. 23 24 1.4. "Executable" means the Covered Software in any form other 25 than Source Code. 26 27 1.5. "Initial Developer" means the individual or entity that first 28 makes Original Software available under this License. 29 30 1.6. "Larger Work" means a work which combines Covered Software or 31 portions thereof with code not governed by the terms of this 32 License. 33 34 1.7. "License" means this document. 35 36 1.8. "Licensable" means having the right to grant, to the maximum 37 extent possible, whether at the time of the initial grant or 38 subsequently acquired, any and all of the rights conveyed 39 herein. 40 41 1.9. "Modifications" means the Source Code and Executable form of 42 any of the following: 43 44 A. Any file that results from an addition to, deletion from or 45 modification of the contents of a file containing Original 46 Software or previous Modifications; 47 48 B. Any new file that contains any part of the Original 49 Software or previous Modifications; or 50 51 C. Any new file that is contributed or otherwise made 52 available under the terms of this License. 53 54 1.10. "Original Software" means the Source Code and Executable 55 form of computer software code that is originally released 56 under this License. 57 58 1.11. "Patent Claims" means any patent claim(s), now owned or 59 hereafter acquired, including without limitation, method, 60 process, and apparatus claims, in any patent Licensable by 61 grantor. 62 63 1.12. "Source Code" means (a) the common form of computer software 64 code in which modifications are made and (b) associated 65 documentation included in or with such code. 66 67 1.13. "You" (or "Your") means an individual or a legal entity 68 exercising rights under, and complying with all of the terms 69 of, this License. For legal entities, "You" includes any 70 entity which controls, is controlled by, or is under common 71 control with You. For purposes of this definition, 72 "control" means (a) the power, direct or indirect, to cause 73 the direction or management of such entity, whether by 74 contract or otherwise, or (b) ownership of more than fifty 75 percent (50%) of the outstanding shares or beneficial 76 ownership of such entity. 77 782. License Grants. 79 80 2.1. The Initial Developer Grant. 81 82 Conditioned upon Your compliance with Section 3.1 below and 83 subject to third party intellectual property claims, the Initial 84 Developer hereby grants You a world-wide, royalty-free, 85 non-exclusive license: 86 87 (a) under intellectual property rights (other than patent or 88 trademark) Licensable by Initial Developer, to use, 89 reproduce, modify, display, perform, sublicense and 90 distribute the Original Software (or portions thereof), 91 with or without Modifications, and/or as part of a Larger 92 Work; and 93 94 (b) under Patent Claims infringed by the making, using or 95 selling of Original Software, to make, have made, use, 96 practice, sell, and offer for sale, and/or otherwise 97 dispose of the Original Software (or portions thereof). 98 99 (c) The licenses granted in Sections 2.1(a) and (b) are 100 effective on the date Initial Developer first distributes 101 or otherwise makes the Original Software available to a 102 third party under the terms of this License. 103 104 (d) Notwithstanding Section 2.1(b) above, no patent license is 105 granted: (1) for code that You delete from the Original 106 Software, or (2) for infringements caused by: (i) the 107 modification of the Original Software, or (ii) the 108 combination of the Original Software with other software 109 or devices. 110 111 2.2. Contributor Grant. 112 113 Conditioned upon Your compliance with Section 3.1 below and 114 subject to third party intellectual property claims, each 115 Contributor hereby grants You a world-wide, royalty-free, 116 non-exclusive license: 117 118 (a) under intellectual property rights (other than patent or 119 trademark) Licensable by Contributor to use, reproduce, 120 modify, display, perform, sublicense and distribute the 121 Modifications created by such Contributor (or portions 122 thereof), either on an unmodified basis, with other 123 Modifications, as Covered Software and/or as part of a 124 Larger Work; and 125 126 (b) under Patent Claims infringed by the making, using, or 127 selling of Modifications made by that Contributor either 128 alone and/or in combination with its Contributor Version 129 (or portions of such combination), to make, use, sell, 130 offer for sale, have made, and/or otherwise dispose of: 131 (1) Modifications made by that Contributor (or portions 132 thereof); and (2) the combination of Modifications made by 133 that Contributor with its Contributor Version (or portions 134 of such combination). 135 136 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 137 effective on the date Contributor first distributes or 138 otherwise makes the Modifications available to a third 139 party. 140 141 (d) Notwithstanding Section 2.2(b) above, no patent license is 142 granted: (1) for any code that Contributor has deleted 143 from the Contributor Version; (2) for infringements caused 144 by: (i) third party modifications of Contributor Version, 145 or (ii) the combination of Modifications made by that 146 Contributor with other software (except as part of the 147 Contributor Version) or other devices; or (3) under Patent 148 Claims infringed by Covered Software in the absence of 149 Modifications made by that Contributor. 150 1513. Distribution Obligations. 152 153 3.1. Availability of Source Code. 154 155 Any Covered Software that You distribute or otherwise make 156 available in Executable form must also be made available in Source 157 Code form and that Source Code form must be distributed only under 158 the terms of this License. You must include a copy of this 159 License with every copy of the Source Code form of the Covered 160 Software You distribute or otherwise make available. You must 161 inform recipients of any such Covered Software in Executable form 162 as to how they can obtain such Covered Software in Source Code 163 form in a reasonable manner on or through a medium customarily 164 used for software exchange. 165 166 3.2. Modifications. 167 168 The Modifications that You create or to which You contribute are 169 governed by the terms of this License. You represent that You 170 believe Your Modifications are Your original creation(s) and/or 171 You have sufficient rights to grant the rights conveyed by this 172 License. 173 174 3.3. Required Notices. 175 176 You must include a notice in each of Your Modifications that 177 identifies You as the Contributor of the Modification. You may 178 not remove or alter any copyright, patent or trademark notices 179 contained within the Covered Software, or any notices of licensing 180 or any descriptive text giving attribution to any Contributor or 181 the Initial Developer. 182 183 3.4. Application of Additional Terms. 184 185 You may not offer or impose any terms on any Covered Software in 186 Source Code form that alters or restricts the applicable version 187 of this License or the recipients' rights hereunder. You may 188 choose to offer, and to charge a fee for, warranty, support, 189 indemnity or liability obligations to one or more recipients of 190 Covered Software. However, you may do so only on Your own behalf, 191 and not on behalf of the Initial Developer or any Contributor. 192 You must make it absolutely clear that any such warranty, support, 193 indemnity or liability obligation is offered by You alone, and You 194 hereby agree to indemnify the Initial Developer and every 195 Contributor for any liability incurred by the Initial Developer or 196 such Contributor as a result of warranty, support, indemnity or 197 liability terms You offer. 198 199 3.5. Distribution of Executable Versions. 200 201 You may distribute the Executable form of the Covered Software 202 under the terms of this License or under the terms of a license of 203 Your choice, which may contain terms different from this License, 204 provided that You are in compliance with the terms of this License 205 and that the license for the Executable form does not attempt to 206 limit or alter the recipient's rights in the Source Code form from 207 the rights set forth in this License. If You distribute the 208 Covered Software in Executable form under a different license, You 209 must make it absolutely clear that any terms which differ from 210 this License are offered by You alone, not by the Initial 211 Developer or Contributor. You hereby agree to indemnify the 212 Initial Developer and every Contributor for any liability incurred 213 by the Initial Developer or such Contributor as a result of any 214 such terms You offer. 215 216 3.6. Larger Works. 217 218 You may create a Larger Work by combining Covered Software with 219 other code not governed by the terms of this License and 220 distribute the Larger Work as a single product. In such a case, 221 You must make sure the requirements of this License are fulfilled 222 for the Covered Software. 223 2244. Versions of the License. 225 226 4.1. New Versions. 227 228 Sun Microsystems, Inc. is the initial license steward and may 229 publish revised and/or new versions of this License from time to 230 time. Each version will be given a distinguishing version number. 231 Except as provided in Section 4.3, no one other than the license 232 steward has the right to modify this License. 233 234 4.2. Effect of New Versions. 235 236 You may always continue to use, distribute or otherwise make the 237 Covered Software available under the terms of the version of the 238 License under which You originally received the Covered Software. 239 If the Initial Developer includes a notice in the Original 240 Software prohibiting it from being distributed or otherwise made 241 available under any subsequent version of the License, You must 242 distribute and make the Covered Software available under the terms 243 of the version of the License under which You originally received 244 the Covered Software. Otherwise, You may also choose to use, 245 distribute or otherwise make the Covered Software available under 246 the terms of any subsequent version of the License published by 247 the license steward. 248 249 4.3. Modified Versions. 250 251 When You are an Initial Developer and You want to create a new 252 license for Your Original Software, You may create and use a 253 modified version of this License if You: (a) rename the license 254 and remove any references to the name of the license steward 255 (except to note that the license differs from this License); and 256 (b) otherwise make it clear that the license contains terms which 257 differ from this License. 258 2595. DISCLAIMER OF WARRANTY. 260 261 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" 262 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, 263 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED 264 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR 265 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND 266 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY 267 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE 268 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY 269 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF 270 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF 271 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS 272 DISCLAIMER. 273 2746. TERMINATION. 275 276 6.1. This License and the rights granted hereunder will terminate 277 automatically if You fail to comply with terms herein and fail to 278 cure such breach within 30 days of becoming aware of the breach. 279 Provisions which, by their nature, must remain in effect beyond 280 the termination of this License shall survive. 281 282 6.2. If You assert a patent infringement claim (excluding 283 declaratory judgment actions) against Initial Developer or a 284 Contributor (the Initial Developer or Contributor against whom You 285 assert such claim is referred to as "Participant") alleging that 286 the Participant Software (meaning the Contributor Version where 287 the Participant is a Contributor or the Original Software where 288 the Participant is the Initial Developer) directly or indirectly 289 infringes any patent, then any and all rights granted directly or 290 indirectly to You by such Participant, the Initial Developer (if 291 the Initial Developer is not the Participant) and all Contributors 292 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 293 notice from Participant terminate prospectively and automatically 294 at the expiration of such 60 day notice period, unless if within 295 such 60 day period You withdraw Your claim with respect to the 296 Participant Software against such Participant either unilaterally 297 or pursuant to a written agreement with Participant. 298 299 6.3. In the event of termination under Sections 6.1 or 6.2 above, 300 all end user licenses that have been validly granted by You or any 301 distributor hereunder prior to termination (excluding licenses 302 granted to You by any distributor) shall survive termination. 303 3047. LIMITATION OF LIABILITY. 305 306 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 307 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 308 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF 309 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 310 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 311 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT 312 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK 313 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER 314 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN 315 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 316 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 317 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 318 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 319 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR 320 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT 321 APPLY TO YOU. 322 3238. U.S. GOVERNMENT END USERS. 324 325 The Covered Software is a "commercial item," as that term is 326 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial 327 computer software" (as that term is defined at 48 328 C.F.R. 252.227-7014(a)(1)) and "commercial computer software 329 documentation" as such terms are used in 48 C.F.R. 12.212 330 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 331 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all 332 U.S. Government End Users acquire Covered Software with only those 333 rights set forth herein. This U.S. Government Rights clause is in 334 lieu of, and supersedes, any other FAR, DFAR, or other clause or 335 provision that addresses Government rights in computer software 336 under this License. 337 3389. MISCELLANEOUS. 339 340 This License represents the complete agreement concerning subject 341 matter hereof. If any provision of this License is held to be 342 unenforceable, such provision shall be reformed only to the extent 343 necessary to make it enforceable. This License shall be governed 344 by the law of the jurisdiction specified in a notice contained 345 within the Original Software (except to the extent applicable law, 346 if any, provides otherwise), excluding such jurisdiction's 347 conflict-of-law provisions. Any litigation relating to this 348 License shall be subject to the jurisdiction of the courts located 349 in the jurisdiction and venue specified in a notice contained 350 within the Original Software, with the losing party responsible 351 for costs, including, without limitation, court costs and 352 reasonable attorneys' fees and expenses. The application of the 353 United Nations Convention on Contracts for the International Sale 354 of Goods is expressly excluded. Any law or regulation which 355 provides that the language of a contract shall be construed 356 against the drafter shall not apply to this License. You agree 357 that You alone are responsible for compliance with the United 358 States export administration regulations (and the export control 359 laws and regulation of any other countries) when You use, 360 distribute or otherwise make available any Covered Software. 361 36210. RESPONSIBILITY FOR CLAIMS. 363 364 As between Initial Developer and the Contributors, each party is 365 responsible for claims and damages arising, directly or 366 indirectly, out of its utilization of rights under this License 367 and You agree to work with Initial Developer and Contributors to 368 distribute such responsibility on an equitable basis. Nothing 369 herein is intended or shall be deemed to constitute any admission 370 of liability. 371 372-------------------------------------------------------------------- 373 374NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND 375DISTRIBUTION LICENSE (CDDL) 376 377For Covered Software in this distribution, this License shall 378be governed by the laws of the State of California (excluding 379conflict-of-law provisions). 380 381Any litigation relating to this License shall be subject to the 382jurisdiction of the Federal Courts of the Northern District of 383California and the state courts of the State of California, with 384venue lying in Santa Clara County, California. 385