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      1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
      2 
      3 1. Definitions.
      4 
      5     1.1. "Contributor" means each individual or entity that creates
      6          or contributes to the creation of Modifications.
      7 
      8     1.2. "Contributor Version" means the combination of the Original
      9          Software, prior Modifications used by a Contributor (if any),
     10          and the Modifications made by that particular Contributor.
     11 
     12     1.3. "Covered Software" means (a) the Original Software, or (b)
     13          Modifications, or (c) the combination of files containing
     14          Original Software with files containing Modifications, in
     15          each case including portions thereof.
     16 
     17     1.4. "Executable" means the Covered Software in any form other
     18          than Source Code.
     19 
     20     1.5. "Initial Developer" means the individual or entity that first
     21          makes Original Software available under this License.
     22 
     23     1.6. "Larger Work" means a work which combines Covered Software or
     24          portions thereof with code not governed by the terms of this
     25          License.
     26 
     27     1.7. "License" means this document.
     28 
     29     1.8. "Licensable" means having the right to grant, to the maximum
     30          extent possible, whether at the time of the initial grant or
     31          subsequently acquired, any and all of the rights conveyed
     32          herein.
     33 
     34     1.9. "Modifications" means the Source Code and Executable form of
     35          any of the following:
     36 
     37         A. Any file that results from an addition to, deletion from or
     38            modification of the contents of a file containing Original
     39            Software or previous Modifications;
     40 
     41         B. Any new file that contains any part of the Original
     42            Software or previous Modifications; or
     43 
     44         C. Any new file that is contributed or otherwise made
     45            available under the terms of this License.
     46 
     47     1.10. "Original Software" means the Source Code and Executable
     48           form of computer software code that is originally released
     49           under this License.
     50 
     51     1.11. "Patent Claims" means any patent claim(s), now owned or
     52           hereafter acquired, including without limitation, method,
     53           process, and apparatus claims, in any patent Licensable by
     54           grantor.
     55 
     56     1.12. "Source Code" means (a) the common form of computer software
     57           code in which modifications are made and (b) associated
     58           documentation included in or with such code.
     59 
     60     1.13. "You" (or "Your") means an individual or a legal entity
     61           exercising rights under, and complying with all of the terms
     62           of, this License.  For legal entities, "You" includes any
     63           entity which controls, is controlled by, or is under common
     64           control with You.  For purposes of this definition,
     65           "control" means (a) the power, direct or indirect, to cause
     66           the direction or management of such entity, whether by
     67           contract or otherwise, or (b) ownership of more than fifty
     68           percent (50%) of the outstanding shares or beneficial
     69           ownership of such entity.
     70 
     71 2. License Grants.
     72 
     73     2.1. The Initial Developer Grant.
     74 
     75     Conditioned upon Your compliance with Section 3.1 below and
     76     subject to third party intellectual property claims, the Initial
     77     Developer hereby grants You a world-wide, royalty-free,
     78     non-exclusive license:
     79 
     80         (a) under intellectual property rights (other than patent or
     81             trademark) Licensable by Initial Developer, to use,
     82             reproduce, modify, display, perform, sublicense and
     83             distribute the Original Software (or portions thereof),
     84             with or without Modifications, and/or as part of a Larger
     85             Work; and
     86 
     87         (b) under Patent Claims infringed by the making, using or
     88             selling of Original Software, to make, have made, use,
     89             practice, sell, and offer for sale, and/or otherwise
     90             dispose of the Original Software (or portions thereof).
     91 
     92         (c) The licenses granted in Sections 2.1(a) and (b) are
     93             effective on the date Initial Developer first distributes
     94             or otherwise makes the Original Software available to a
     95             third party under the terms of this License.
     96 
     97         (d) Notwithstanding Section 2.1(b) above, no patent license is
     98             granted: (1) for code that You delete from the Original
     99             Software, or (2) for infringements caused by: (i) the
    100             modification of the Original Software, or (ii) the
    101             combination of the Original Software with other software
    102             or devices.
    103 
    104     2.2. Contributor Grant.
    105 
    106     Conditioned upon Your compliance with Section 3.1 below and
    107     subject to third party intellectual property claims, each
    108     Contributor hereby grants You a world-wide, royalty-free,
    109     non-exclusive license:
    110 
    111         (a) under intellectual property rights (other than patent or
    112             trademark) Licensable by Contributor to use, reproduce,
    113             modify, display, perform, sublicense and distribute the
    114             Modifications created by such Contributor (or portions
    115             thereof), either on an unmodified basis, with other
    116             Modifications, as Covered Software and/or as part of a
    117             Larger Work; and
    118 
    119         (b) under Patent Claims infringed by the making, using, or
    120             selling of Modifications made by that Contributor either
    121             alone and/or in combination with its Contributor Version
    122             (or portions of such combination), to make, use, sell,
    123             offer for sale, have made, and/or otherwise dispose of:
    124             (1) Modifications made by that Contributor (or portions
    125             thereof); and (2) the combination of Modifications made by
    126             that Contributor with its Contributor Version (or portions
    127             of such combination).
    128 
    129         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
    130             effective on the date Contributor first distributes or
    131             otherwise makes the Modifications available to a third
    132             party.
    133 
    134         (d) Notwithstanding Section 2.2(b) above, no patent license is
    135             granted: (1) for any code that Contributor has deleted
    136             from the Contributor Version; (2) for infringements caused
    137             by: (i) third party modifications of Contributor Version,
    138             or (ii) the combination of Modifications made by that
    139             Contributor with other software (except as part of the
    140             Contributor Version) or other devices; or (3) under Patent
    141             Claims infringed by Covered Software in the absence of
    142             Modifications made by that Contributor.
    143 
    144 3. Distribution Obligations.
    145 
    146     3.1. Availability of Source Code.
    147 
    148     Any Covered Software that You distribute or otherwise make
    149     available in Executable form must also be made available in Source
    150     Code form and that Source Code form must be distributed only under
    151     the terms of this License.  You must include a copy of this
    152     License with every copy of the Source Code form of the Covered
    153     Software You distribute or otherwise make available.  You must
    154     inform recipients of any such Covered Software in Executable form
    155     as to how they can obtain such Covered Software in Source Code
    156     form in a reasonable manner on or through a medium customarily
    157     used for software exchange.
    158 
    159     3.2. Modifications.
    160 
    161     The Modifications that You create or to which You contribute are
    162     governed by the terms of this License.  You represent that You
    163     believe Your Modifications are Your original creation(s) and/or
    164     You have sufficient rights to grant the rights conveyed by this
    165     License.
    166 
    167     3.3. Required Notices.
    168 
    169     You must include a notice in each of Your Modifications that
    170     identifies You as the Contributor of the Modification.  You may
    171     not remove or alter any copyright, patent or trademark notices
    172     contained within the Covered Software, or any notices of licensing
    173     or any descriptive text giving attribution to any Contributor or
    174     the Initial Developer.
    175 
    176     3.4. Application of Additional Terms.
    177 
    178     You may not offer or impose any terms on any Covered Software in
    179     Source Code form that alters or restricts the applicable version
    180     of this License or the recipients' rights hereunder.  You may
    181     choose to offer, and to charge a fee for, warranty, support,
    182     indemnity or liability obligations to one or more recipients of
    183     Covered Software.  However, you may do so only on Your own behalf,
    184     and not on behalf of the Initial Developer or any Contributor.
    185     You must make it absolutely clear that any such warranty, support,
    186     indemnity or liability obligation is offered by You alone, and You
    187     hereby agree to indemnify the Initial Developer and every
    188     Contributor for any liability incurred by the Initial Developer or
    189     such Contributor as a result of warranty, support, indemnity or
    190     liability terms You offer.
    191 
    192     3.5. Distribution of Executable Versions.
    193 
    194     You may distribute the Executable form of the Covered Software
    195     under the terms of this License or under the terms of a license of
    196     Your choice, which may contain terms different from this License,
    197     provided that You are in compliance with the terms of this License
    198     and that the license for the Executable form does not attempt to
    199     limit or alter the recipient's rights in the Source Code form from
    200     the rights set forth in this License.  If You distribute the
    201     Covered Software in Executable form under a different license, You
    202     must make it absolutely clear that any terms which differ from
    203     this License are offered by You alone, not by the Initial
    204     Developer or Contributor.  You hereby agree to indemnify the
    205     Initial Developer and every Contributor for any liability incurred
    206     by the Initial Developer or such Contributor as a result of any
    207     such terms You offer.
    208 
    209     3.6. Larger Works.
    210 
    211     You may create a Larger Work by combining Covered Software with
    212     other code not governed by the terms of this License and
    213     distribute the Larger Work as a single product.  In such a case,
    214     You must make sure the requirements of this License are fulfilled
    215     for the Covered Software.
    216 
    217 4. Versions of the License.
    218 
    219     4.1. New Versions.
    220 
    221     Sun Microsystems, Inc. is the initial license steward and may
    222     publish revised and/or new versions of this License from time to
    223     time.  Each version will be given a distinguishing version number.
    224     Except as provided in Section 4.3, no one other than the license
    225     steward has the right to modify this License.
    226 
    227     4.2. Effect of New Versions.
    228 
    229     You may always continue to use, distribute or otherwise make the
    230     Covered Software available under the terms of the version of the
    231     License under which You originally received the Covered Software.
    232     If the Initial Developer includes a notice in the Original
    233     Software prohibiting it from being distributed or otherwise made
    234     available under any subsequent version of the License, You must
    235     distribute and make the Covered Software available under the terms
    236     of the version of the License under which You originally received
    237     the Covered Software.  Otherwise, You may also choose to use,
    238     distribute or otherwise make the Covered Software available under
    239     the terms of any subsequent version of the License published by
    240     the license steward.
    241 
    242     4.3. Modified Versions.
    243 
    244     When You are an Initial Developer and You want to create a new
    245     license for Your Original Software, You may create and use a
    246     modified version of this License if You: (a) rename the license
    247     and remove any references to the name of the license steward
    248     (except to note that the license differs from this License); and
    249     (b) otherwise make it clear that the license contains terms which
    250     differ from this License.
    251 
    252 5. DISCLAIMER OF WARRANTY.
    253 
    254     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
    255     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
    256     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
    257     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
    258     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
    259     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
    260     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
    261     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
    262     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
    263     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
    264     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    265     DISCLAIMER.
    266 
    267 6. TERMINATION.
    268 
    269     6.1. This License and the rights granted hereunder will terminate
    270     automatically if You fail to comply with terms herein and fail to
    271     cure such breach within 30 days of becoming aware of the breach.
    272     Provisions which, by their nature, must remain in effect beyond
    273     the termination of this License shall survive.
    274 
    275     6.2. If You assert a patent infringement claim (excluding
    276     declaratory judgment actions) against Initial Developer or a
    277     Contributor (the Initial Developer or Contributor against whom You
    278     assert such claim is referred to as "Participant") alleging that
    279     the Participant Software (meaning the Contributor Version where
    280     the Participant is a Contributor or the Original Software where
    281     the Participant is the Initial Developer) directly or indirectly
    282     infringes any patent, then any and all rights granted directly or
    283     indirectly to You by such Participant, the Initial Developer (if
    284     the Initial Developer is not the Participant) and all Contributors
    285     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
    286     notice from Participant terminate prospectively and automatically
    287     at the expiration of such 60 day notice period, unless if within
    288     such 60 day period You withdraw Your claim with respect to the
    289     Participant Software against such Participant either unilaterally
    290     or pursuant to a written agreement with Participant.
    291 
    292     6.3. In the event of termination under Sections 6.1 or 6.2 above,
    293     all end user licenses that have been validly granted by You or any
    294     distributor hereunder prior to termination (excluding licenses
    295     granted to You by any distributor) shall survive termination.
    296 
    297 7. LIMITATION OF LIABILITY.
    298 
    299     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    300     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
    301     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
    302     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
    303     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    304     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
    305     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
    306     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    307     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
    308     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
    309     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
    310     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
    311     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
    312     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    313     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
    314     APPLY TO YOU.
    315 
    316 8. U.S. GOVERNMENT END USERS.
    317 
    318     The Covered Software is a "commercial item," as that term is
    319     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
    320     computer software" (as that term is defined at 48
    321     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
    322     documentation" as such terms are used in 48 C.F.R. 12.212
    323     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
    324     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    325     U.S. Government End Users acquire Covered Software with only those
    326     rights set forth herein.  This U.S. Government Rights clause is in
    327     lieu of, and supersedes, any other FAR, DFAR, or other clause or
    328     provision that addresses Government rights in computer software
    329     under this License.
    330 
    331 9. MISCELLANEOUS.
    332 
    333     This License represents the complete agreement concerning subject
    334     matter hereof.  If any provision of this License is held to be
    335     unenforceable, such provision shall be reformed only to the extent
    336     necessary to make it enforceable.  This License shall be governed
    337     by the law of the jurisdiction specified in a notice contained
    338     within the Original Software (except to the extent applicable law,
    339     if any, provides otherwise), excluding such jurisdiction's
    340     conflict-of-law provisions.  Any litigation relating to this
    341     License shall be subject to the jurisdiction of the courts located
    342     in the jurisdiction and venue specified in a notice contained
    343     within the Original Software, with the losing party responsible
    344     for costs, including, without limitation, court costs and
    345     reasonable attorneys' fees and expenses.  The application of the
    346     United Nations Convention on Contracts for the International Sale
    347     of Goods is expressly excluded.  Any law or regulation which
    348     provides that the language of a contract shall be construed
    349     against the drafter shall not apply to this License.  You agree
    350     that You alone are responsible for compliance with the United
    351     States export administration regulations (and the export control
    352     laws and regulation of any other countries) when You use,
    353     distribute or otherwise make available any Covered Software.
    354 
    355 10. RESPONSIBILITY FOR CLAIMS.
    356 
    357     As between Initial Developer and the Contributors, each party is
    358     responsible for claims and damages arising, directly or
    359     indirectly, out of its utilization of rights under this License
    360     and You agree to work with Initial Developer and Contributors to
    361     distribute such responsibility on an equitable basis.  Nothing
    362     herein is intended or shall be deemed to constitute any admission
    363     of liability.
    364 
    365 --------------------------------------------------------------------
    366 
    367 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
    368 DISTRIBUTION LICENSE (CDDL)
    369 
    370 For Covered Software in this distribution, this License shall
    371 be governed by the laws of the State of California (excluding
    372 conflict-of-law provisions).
    373 
    374 Any litigation relating to this License shall be subject to the
    375 jurisdiction of the Federal Courts of the Northern District of
    376 California and the state courts of the State of California, with
    377 venue lying in Santa Clara County, California.
    378