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Lawrence Lee
2023-11-12 11:49:00 -08:00
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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.
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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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