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-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 Workmeans 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)
-areeffective 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): This code is released under the
-CDDL and 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.
-
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