| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
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| Version 1.1 |
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| 1. Definitions. |
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| 1.1. “Contributor” means each individual or entity that creates or contributes |
| to the creation of Modifications. |
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| 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. |
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| 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. |
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| 1.4. “Executable” means the Covered Software in any form other than Source |
| Code. |
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| 1.5. “Initial Developer” means the individual or entity that first makes |
| Original Software available under this License. |
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| 1.6. “Larger Work” means a work which combines Covered Software or portions |
| thereof with code not governed by the terms of this License. |
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| 1.7. “License” means this document. |
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| 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. |
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| 1.9. “Modifications” means the Source Code and Executable form of any of the |
| following: |
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| 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; |
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| B. Any new file that contains any part of the Original Software or previous |
| Modification; or |
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| C. Any new file that is contributed or otherwise made available under the |
| terms of this License. |
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| 1.10. “Original Software” means the Source Code and Executable form of |
| computer software code that is originally released under this License. |
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| 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. |
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| 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. |
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| 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. |
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| 2. License Grants. |
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| 2.1. The Initial Developer Grant. |
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| 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: |
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| (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 |
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| (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). |
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| (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. |
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| (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. |
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| 2.2. Contributor Grant. |
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| 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: |
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| (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 |
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| (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). |
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| (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. |
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| (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. |
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| 3. Distribution Obligations. |
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| 3.1. Availability of Source Code. |
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| 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. |
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| 3.2. Modifications. |
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| 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. |
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| 3.3. Required Notices. |
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| 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. |
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| 3.4. Application of Additional Terms. |
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| 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. |
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| 3.5. Distribution of Executable Versions. |
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| 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. |
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| 3.6. Larger Works. |
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| 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. |
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| 4. Versions of the License. |
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| 4.1. New Versions. |
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| 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. |
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| 4.2. Effect of New Versions. |
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| 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. |
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| 4.3. Modified Versions. |
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| 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. |
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| 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. |
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| 6. TERMINATION. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 7. LIMITATION OF LIABILITY. |
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| 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. |
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| 8. U.S. GOVERNMENT END USERS. |
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| 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. |
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| 9. MISCELLANEOUS. |
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| 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. |
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| 10. RESPONSIBILITY FOR CLAIMS. |
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| 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) |
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| 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. |
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