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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
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 recipient's 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.
Oracle 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. If You assert a patent infringement claim against Participant
alleging that the Participant Software directly or indirectly
infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement
litigation, then the reasonable value of the licenses granted by such
Participant under Sections 2.1 or 2.2 shall be taken into account
in determining the amount or value of any payment or license.
6.4. 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
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 PARTY'S 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 jurisdiction's
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)
The code released under the CDDL 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.
