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      1 	ident	"@(#)OPENSOLARIS.LICENSE	1.1	06/03/22 SMI"
      2 
      3 Unless otherwise noted, all files in this distribution are released
      4 under the Common Development and Distribution License (CDDL).
      5 Exceptions are noted within the associated source files.
      6 
      7 --------------------------------------------------------------------
      8 
      9 
     10 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
     11 
     12 1. Definitions.
     13 
     14     1.1. "Contributor" means each individual or entity that creates
     15          or contributes to the creation of Modifications.
     16 
     17     1.2. "Contributor Version" means the combination of the Original
     18          Software, prior Modifications used by a Contributor (if any),
     19          and the Modifications made by that particular Contributor.
     20 
     21     1.3. "Covered Software" means (a) the Original Software, or (b)
     22          Modifications, or (c) the combination of files containing
     23          Original Software with files containing Modifications, in
     24          each case including portions thereof.
     25 
     26     1.4. "Executable" means the Covered Software in any form other
     27          than Source Code.
     28 
     29     1.5. "Initial Developer" means the individual or entity that first
     30          makes Original Software available under this License.
     31 
     32     1.6. "Larger Work" means a work which combines Covered Software or
     33          portions thereof with code not governed by the terms of this
     34          License.
     35 
     36     1.7. "License" means this document.
     37 
     38     1.8. "Licensable" means having the right to grant, to the maximum
     39          extent possible, whether at the time of the initial grant or
     40          subsequently acquired, any and all of the rights conveyed
     41          herein.
     42 
     43     1.9. "Modifications" means the Source Code and Executable form of
     44          any of the following:
     45 
     46         A. Any file that results from an addition to, deletion from or
     47            modification of the contents of a file containing Original
     48            Software or previous Modifications;
     49 
     50         B. Any new file that contains any part of the Original
     51            Software or previous Modifications; or
     52 
     53         C. Any new file that is contributed or otherwise made
     54            available under the terms of this License.
     55 
     56     1.10. "Original Software" means the Source Code and Executable
     57           form of computer software code that is originally released
     58           under this License.
     59 
     60     1.11. "Patent Claims" means any patent claim(s), now owned or
     61           hereafter acquired, including without limitation, method,
     62           process, and apparatus claims, in any patent Licensable by
     63           grantor.
     64 
     65     1.12. "Source Code" means (a) the common form of computer software
     66           code in which modifications are made and (b) associated
     67           documentation included in or with such code.
     68 
     69     1.13. "You" (or "Your") means an individual or a legal entity
     70           exercising rights under, and complying with all of the terms
     71           of, this License.  For legal entities, "You" includes any
     72           entity which controls, is controlled by, or is under common
     73           control with You.  For purposes of this definition,
     74           "control" means (a) the power, direct or indirect, to cause
     75           the direction or management of such entity, whether by
     76           contract or otherwise, or (b) ownership of more than fifty
     77           percent (50%) of the outstanding shares or beneficial
     78           ownership of such entity.
     79 
     80 2. License Grants.
     81 
     82     2.1. The Initial Developer Grant.
     83 
     84     Conditioned upon Your compliance with Section 3.1 below and
     85     subject to third party intellectual property claims, the Initial
     86     Developer hereby grants You a world-wide, royalty-free,
     87     non-exclusive license:
     88 
     89         (a) under intellectual property rights (other than patent or
     90             trademark) Licensable by Initial Developer, to use,
     91             reproduce, modify, display, perform, sublicense and
     92             distribute the Original Software (or portions thereof),
     93             with or without Modifications, and/or as part of a Larger
     94             Work; and
     95 
     96         (b) under Patent Claims infringed by the making, using or
     97             selling of Original Software, to make, have made, use,
     98             practice, sell, and offer for sale, and/or otherwise
     99             dispose of the Original Software (or portions thereof).
    100 
    101         (c) The licenses granted in Sections 2.1(a) and (b) are
    102             effective on the date Initial Developer first distributes
    103             or otherwise makes the Original Software available to a
    104             third party under the terms of this License.
    105 
    106         (d) Notwithstanding Section 2.1(b) above, no patent license is
    107             granted: (1) for code that You delete from the Original
    108             Software, or (2) for infringements caused by: (i) the
    109             modification of the Original Software, or (ii) the
    110             combination of the Original Software with other software
    111             or devices.
    112 
    113     2.2. Contributor Grant.
    114 
    115     Conditioned upon Your compliance with Section 3.1 below and
    116     subject to third party intellectual property claims, each
    117     Contributor hereby grants You a world-wide, royalty-free,
    118     non-exclusive license:
    119 
    120         (a) under intellectual property rights (other than patent or
    121             trademark) Licensable by Contributor to use, reproduce,
    122             modify, display, perform, sublicense and distribute the
    123             Modifications created by such Contributor (or portions
    124             thereof), either on an unmodified basis, with other
    125             Modifications, as Covered Software and/or as part of a
    126             Larger Work; and
    127 
    128         (b) under Patent Claims infringed by the making, using, or
    129             selling of Modifications made by that Contributor either
    130             alone and/or in combination with its Contributor Version
    131             (or portions of such combination), to make, use, sell,
    132             offer for sale, have made, and/or otherwise dispose of:
    133             (1) Modifications made by that Contributor (or portions
    134             thereof); and (2) the combination of Modifications made by
    135             that Contributor with its Contributor Version (or portions
    136             of such combination).
    137 
    138         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
    139             effective on the date Contributor first distributes or
    140             otherwise makes the Modifications available to a third
    141             party.
    142 
    143         (d) Notwithstanding Section 2.2(b) above, no patent license is
    144             granted: (1) for any code that Contributor has deleted
    145             from the Contributor Version; (2) for infringements caused
    146             by: (i) third party modifications of Contributor Version,
    147             or (ii) the combination of Modifications made by that
    148             Contributor with other software (except as part of the
    149             Contributor Version) or other devices; or (3) under Patent
    150             Claims infringed by Covered Software in the absence of
    151             Modifications made by that Contributor.
    152 
    153 3. Distribution Obligations.
    154 
    155     3.1. Availability of Source Code.
    156 
    157     Any Covered Software that You distribute or otherwise make
    158     available in Executable form must also be made available in Source
    159     Code form and that Source Code form must be distributed only under
    160     the terms of this License.  You must include a copy of this
    161     License with every copy of the Source Code form of the Covered
    162     Software You distribute or otherwise make available.  You must
    163     inform recipients of any such Covered Software in Executable form
    164     as to how they can obtain such Covered Software in Source Code
    165     form in a reasonable manner on or through a medium customarily
    166     used for software exchange.
    167 
    168     3.2. Modifications.
    169 
    170     The Modifications that You create or to which You contribute are
    171     governed by the terms of this License.  You represent that You
    172     believe Your Modifications are Your original creation(s) and/or
    173     You have sufficient rights to grant the rights conveyed by this
    174     License.
    175 
    176     3.3. Required Notices.
    177 
    178     You must include a notice in each of Your Modifications that
    179     identifies You as the Contributor of the Modification.  You may
    180     not remove or alter any copyright, patent or trademark notices
    181     contained within the Covered Software, or any notices of licensing
    182     or any descriptive text giving attribution to any Contributor or
    183     the Initial Developer.
    184 
    185     3.4. Application of Additional Terms.
    186 
    187     You may not offer or impose any terms on any Covered Software in
    188     Source Code form that alters or restricts the applicable version
    189     of this License or the recipients' rights hereunder.  You may
    190     choose to offer, and to charge a fee for, warranty, support,
    191     indemnity or liability obligations to one or more recipients of
    192     Covered Software.  However, you may do so only on Your own behalf,
    193     and not on behalf of the Initial Developer or any Contributor.
    194     You must make it absolutely clear that any such warranty, support,
    195     indemnity or liability obligation is offered by You alone, and You
    196     hereby agree to indemnify the Initial Developer and every
    197     Contributor for any liability incurred by the Initial Developer or
    198     such Contributor as a result of warranty, support, indemnity or
    199     liability terms You offer.
    200 
    201     3.5. Distribution of Executable Versions.
    202 
    203     You may distribute the Executable form of the Covered Software
    204     under the terms of this License or under the terms of a license of
    205     Your choice, which may contain terms different from this License,
    206     provided that You are in compliance with the terms of this License
    207     and that the license for the Executable form does not attempt to
    208     limit or alter the recipient's rights in the Source Code form from
    209     the rights set forth in this License.  If You distribute the
    210     Covered Software in Executable form under a different license, You
    211     must make it absolutely clear that any terms which differ from
    212     this License are offered by You alone, not by the Initial
    213     Developer or Contributor.  You hereby agree to indemnify the
    214     Initial Developer and every Contributor for any liability incurred
    215     by the Initial Developer or such Contributor as a result of any
    216     such terms You offer.
    217 
    218     3.6. Larger Works.
    219 
    220     You may create a Larger Work by combining Covered Software with
    221     other code not governed by the terms of this License and
    222     distribute the Larger Work as a single product.  In such a case,
    223     You must make sure the requirements of this License are fulfilled
    224     for the Covered Software.
    225 
    226 4. Versions of the License.
    227 
    228     4.1. New Versions.
    229 
    230     Sun Microsystems, Inc. is the initial license steward and may
    231     publish revised and/or new versions of this License from time to
    232     time.  Each version will be given a distinguishing version number.
    233     Except as provided in Section 4.3, no one other than the license
    234     steward has the right to modify this License.
    235 
    236     4.2. Effect of New Versions.
    237 
    238     You may always continue to use, distribute or otherwise make the
    239     Covered Software available under the terms of the version of the
    240     License under which You originally received the Covered Software.
    241     If the Initial Developer includes a notice in the Original
    242     Software prohibiting it from being distributed or otherwise made
    243     available under any subsequent version of the License, You must
    244     distribute and make the Covered Software available under the terms
    245     of the version of the License under which You originally received
    246     the Covered Software.  Otherwise, You may also choose to use,
    247     distribute or otherwise make the Covered Software available under
    248     the terms of any subsequent version of the License published by
    249     the license steward.
    250 
    251     4.3. Modified Versions.
    252 
    253     When You are an Initial Developer and You want to create a new
    254     license for Your Original Software, You may create and use a
    255     modified version of this License if You: (a) rename the license
    256     and remove any references to the name of the license steward
    257     (except to note that the license differs from this License); and
    258     (b) otherwise make it clear that the license contains terms which
    259     differ from this License.
    260 
    261 5. DISCLAIMER OF WARRANTY.
    262 
    263     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
    264     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
    265     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
    266     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
    267     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
    268     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
    269     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
    270     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
    271     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
    272     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
    273     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    274     DISCLAIMER.
    275 
    276 6. TERMINATION.
    277 
    278     6.1. This License and the rights granted hereunder will terminate
    279     automatically if You fail to comply with terms herein and fail to
    280     cure such breach within 30 days of becoming aware of the breach.
    281     Provisions which, by their nature, must remain in effect beyond
    282     the termination of this License shall survive.
    283 
    284     6.2. If You assert a patent infringement claim (excluding
    285     declaratory judgment actions) against Initial Developer or a
    286     Contributor (the Initial Developer or Contributor against whom You
    287     assert such claim is referred to as "Participant") alleging that
    288     the Participant Software (meaning the Contributor Version where
    289     the Participant is a Contributor or the Original Software where
    290     the Participant is the Initial Developer) directly or indirectly
    291     infringes any patent, then any and all rights granted directly or
    292     indirectly to You by such Participant, the Initial Developer (if
    293     the Initial Developer is not the Participant) and all Contributors
    294     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
    295     notice from Participant terminate prospectively and automatically
    296     at the expiration of such 60 day notice period, unless if within
    297     such 60 day period You withdraw Your claim with respect to the
    298     Participant Software against such Participant either unilaterally
    299     or pursuant to a written agreement with Participant.
    300 
    301     6.3. In the event of termination under Sections 6.1 or 6.2 above,
    302     all end user licenses that have been validly granted by You or any
    303     distributor hereunder prior to termination (excluding licenses
    304     granted to You by any distributor) shall survive termination.
    305 
    306 7. LIMITATION OF LIABILITY.
    307 
    308     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    309     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
    310     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
    311     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
    312     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    313     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
    314     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
    315     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    316     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
    317     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
    318     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
    319     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
    320     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
    321     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    322     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
    323     APPLY TO YOU.
    324 
    325 8. U.S. GOVERNMENT END USERS.
    326 
    327     The Covered Software is a "commercial item," as that term is
    328     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
    329     computer software" (as that term is defined at 48
    330     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
    331     documentation" as such terms are used in 48 C.F.R. 12.212
    332     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
    333     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    334     U.S. Government End Users acquire Covered Software with only those
    335     rights set forth herein.  This U.S. Government Rights clause is in
    336     lieu of, and supersedes, any other FAR, DFAR, or other clause or
    337     provision that addresses Government rights in computer software
    338     under this License.
    339 
    340 9. MISCELLANEOUS.
    341 
    342     This License represents the complete agreement concerning subject
    343     matter hereof.  If any provision of this License is held to be
    344     unenforceable, such provision shall be reformed only to the extent
    345     necessary to make it enforceable.  This License shall be governed
    346     by the law of the jurisdiction specified in a notice contained
    347     within the Original Software (except to the extent applicable law,
    348     if any, provides otherwise), excluding such jurisdiction's
    349     conflict-of-law provisions.  Any litigation relating to this
    350     License shall be subject to the jurisdiction of the courts located
    351     in the jurisdiction and venue specified in a notice contained
    352     within the Original Software, with the losing party responsible
    353     for costs, including, without limitation, court costs and
    354     reasonable attorneys' fees and expenses.  The application of the
    355     United Nations Convention on Contracts for the International Sale
    356     of Goods is expressly excluded.  Any law or regulation which
    357     provides that the language of a contract shall be construed
    358     against the drafter shall not apply to this License.  You agree
    359     that You alone are responsible for compliance with the United
    360     States export administration regulations (and the export control
    361     laws and regulation of any other countries) when You use,
    362     distribute or otherwise make available any Covered Software.
    363 
    364 10. RESPONSIBILITY FOR CLAIMS.
    365 
    366     As between Initial Developer and the Contributors, each party is
    367     responsible for claims and damages arising, directly or
    368     indirectly, out of its utilization of rights under this License
    369     and You agree to work with Initial Developer and Contributors to
    370     distribute such responsibility on an equitable basis.  Nothing
    371     herein is intended or shall be deemed to constitute any admission
    372     of liability.
    373 
    374 --------------------------------------------------------------------
    375 
    376 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
    377 DISTRIBUTION LICENSE (CDDL)
    378 
    379 For Covered Software in this distribution, this License shall
    380 be governed by the laws of the State of California (excluding
    381 conflict-of-law provisions).
    382 
    383 Any litigation relating to this License shall be subject to the
    384 jurisdiction of the Federal Courts of the Northern District of
    385 California and the state courts of the State of California, with
    386 venue lying in Santa Clara County, California.
    387