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      1  0  yongsun COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
      2  0  yongsun 
      3  0  yongsun 1. Definitions.
      4  0  yongsun 
      5  0  yongsun     1.1. "Contributor" means each individual or entity that creates
      6  0  yongsun          or contributes to the creation of Modifications.
      7  0  yongsun 
      8  0  yongsun     1.2. "Contributor Version" means the combination of the Original
      9  0  yongsun          Software, prior Modifications used by a Contributor (if any),
     10  0  yongsun          and the Modifications made by that particular Contributor.
     11  0  yongsun 
     12  0  yongsun     1.3. "Covered Software" means (a) the Original Software, or (b)
     13  0  yongsun          Modifications, or (c) the combination of files containing
     14  0  yongsun          Original Software with files containing Modifications, in
     15  0  yongsun          each case including portions thereof.
     16  0  yongsun 
     17  0  yongsun     1.4. "Executable" means the Covered Software in any form other
     18  0  yongsun          than Source Code.
     19  0  yongsun 
     20  0  yongsun     1.5. "Initial Developer" means the individual or entity that first
     21  0  yongsun          makes Original Software available under this License.
     22  0  yongsun 
     23  0  yongsun     1.6. "Larger Work" means a work which combines Covered Software or
     24  0  yongsun          portions thereof with code not governed by the terms of this
     25  0  yongsun          License.
     26  0  yongsun 
     27  0  yongsun     1.7. "License" means this document.
     28  0  yongsun 
     29  0  yongsun     1.8. "Licensable" means having the right to grant, to the maximum
     30  0  yongsun          extent possible, whether at the time of the initial grant or
     31  0  yongsun          subsequently acquired, any and all of the rights conveyed
     32  0  yongsun          herein.
     33  0  yongsun 
     34  0  yongsun     1.9. "Modifications" means the Source Code and Executable form of
     35  0  yongsun          any of the following:
     36  0  yongsun 
     37  0  yongsun         A. Any file that results from an addition to, deletion from or
     38  0  yongsun            modification of the contents of a file containing Original
     39  0  yongsun            Software or previous Modifications;
     40  0  yongsun 
     41  0  yongsun         B. Any new file that contains any part of the Original
     42  0  yongsun            Software or previous Modifications; or
     43  0  yongsun 
     44  0  yongsun         C. Any new file that is contributed or otherwise made
     45  0  yongsun            available under the terms of this License.
     46  0  yongsun 
     47  0  yongsun     1.10. "Original Software" means the Source Code and Executable
     48  0  yongsun           form of computer software code that is originally released
     49  0  yongsun           under this License.
     50  0  yongsun 
     51  0  yongsun     1.11. "Patent Claims" means any patent claim(s), now owned or
     52  0  yongsun           hereafter acquired, including without limitation, method,
     53  0  yongsun           process, and apparatus claims, in any patent Licensable by
     54  0  yongsun           grantor.
     55  0  yongsun 
     56  0  yongsun     1.12. "Source Code" means (a) the common form of computer software
     57  0  yongsun           code in which modifications are made and (b) associated
     58  0  yongsun           documentation included in or with such code.
     59  0  yongsun 
     60  0  yongsun     1.13. "You" (or "Your") means an individual or a legal entity
     61  0  yongsun           exercising rights under, and complying with all of the terms
     62  0  yongsun           of, this License.  For legal entities, "You" includes any
     63  0  yongsun           entity which controls, is controlled by, or is under common
     64  0  yongsun           control with You.  For purposes of this definition,
     65  0  yongsun           "control" means (a) the power, direct or indirect, to cause
     66  0  yongsun           the direction or management of such entity, whether by
     67  0  yongsun           contract or otherwise, or (b) ownership of more than fifty
     68  0  yongsun           percent (50%) of the outstanding shares or beneficial
     69  0  yongsun           ownership of such entity.
     70  0  yongsun 
     71  0  yongsun 2. License Grants.
     72  0  yongsun 
     73  0  yongsun     2.1. The Initial Developer Grant.
     74  0  yongsun 
     75  0  yongsun     Conditioned upon Your compliance with Section 3.1 below and
     76  0  yongsun     subject to third party intellectual property claims, the Initial
     77  0  yongsun     Developer hereby grants You a world-wide, royalty-free,
     78  0  yongsun     non-exclusive license:
     79  0  yongsun 
     80  0  yongsun         (a) under intellectual property rights (other than patent or
     81  0  yongsun             trademark) Licensable by Initial Developer, to use,
     82  0  yongsun             reproduce, modify, display, perform, sublicense and
     83  0  yongsun             distribute the Original Software (or portions thereof),
     84  0  yongsun             with or without Modifications, and/or as part of a Larger
     85  0  yongsun             Work; and
     86  0  yongsun 
     87  0  yongsun         (b) under Patent Claims infringed by the making, using or
     88  0  yongsun             selling of Original Software, to make, have made, use,
     89  0  yongsun             practice, sell, and offer for sale, and/or otherwise
     90  0  yongsun             dispose of the Original Software (or portions thereof).
     91  0  yongsun 
     92  0  yongsun         (c) The licenses granted in Sections 2.1(a) and (b) are
     93  0  yongsun             effective on the date Initial Developer first distributes
     94  0  yongsun             or otherwise makes the Original Software available to a
     95  0  yongsun             third party under the terms of this License.
     96  0  yongsun 
     97  0  yongsun         (d) Notwithstanding Section 2.1(b) above, no patent license is
     98  0  yongsun             granted: (1) for code that You delete from the Original
     99  0  yongsun             Software, or (2) for infringements caused by: (i) the
    100  0  yongsun             modification of the Original Software, or (ii) the
    101  0  yongsun             combination of the Original Software with other software
    102  0  yongsun             or devices.
    103  0  yongsun 
    104  0  yongsun     2.2. Contributor Grant.
    105  0  yongsun 
    106  0  yongsun     Conditioned upon Your compliance with Section 3.1 below and
    107  0  yongsun     subject to third party intellectual property claims, each
    108  0  yongsun     Contributor hereby grants You a world-wide, royalty-free,
    109  0  yongsun     non-exclusive license:
    110  0  yongsun 
    111  0  yongsun         (a) under intellectual property rights (other than patent or
    112  0  yongsun             trademark) Licensable by Contributor to use, reproduce,
    113  0  yongsun             modify, display, perform, sublicense and distribute the
    114  0  yongsun             Modifications created by such Contributor (or portions
    115  0  yongsun             thereof), either on an unmodified basis, with other
    116  0  yongsun             Modifications, as Covered Software and/or as part of a
    117  0  yongsun             Larger Work; and
    118  0  yongsun 
    119  0  yongsun         (b) under Patent Claims infringed by the making, using, or
    120  0  yongsun             selling of Modifications made by that Contributor either
    121  0  yongsun             alone and/or in combination with its Contributor Version
    122  0  yongsun             (or portions of such combination), to make, use, sell,
    123  0  yongsun             offer for sale, have made, and/or otherwise dispose of:
    124  0  yongsun             (1) Modifications made by that Contributor (or portions
    125  0  yongsun             thereof); and (2) the combination of Modifications made by
    126  0  yongsun             that Contributor with its Contributor Version (or portions
    127  0  yongsun             of such combination).
    128  0  yongsun 
    129  0  yongsun         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
    130  0  yongsun             effective on the date Contributor first distributes or
    131  0  yongsun             otherwise makes the Modifications available to a third
    132  0  yongsun             party.
    133  0  yongsun 
    134  0  yongsun         (d) Notwithstanding Section 2.2(b) above, no patent license is
    135  0  yongsun             granted: (1) for any code that Contributor has deleted
    136  0  yongsun             from the Contributor Version; (2) for infringements caused
    137  0  yongsun             by: (i) third party modifications of Contributor Version,
    138  0  yongsun             or (ii) the combination of Modifications made by that
    139  0  yongsun             Contributor with other software (except as part of the
    140  0  yongsun             Contributor Version) or other devices; or (3) under Patent
    141  0  yongsun             Claims infringed by Covered Software in the absence of
    142  0  yongsun             Modifications made by that Contributor.
    143  0  yongsun 
    144  0  yongsun 3. Distribution Obligations.
    145  0  yongsun 
    146  0  yongsun     3.1. Availability of Source Code.
    147  0  yongsun 
    148  0  yongsun     Any Covered Software that You distribute or otherwise make
    149  0  yongsun     available in Executable form must also be made available in Source
    150  0  yongsun     Code form and that Source Code form must be distributed only under
    151  0  yongsun     the terms of this License.  You must include a copy of this
    152  0  yongsun     License with every copy of the Source Code form of the Covered
    153  0  yongsun     Software You distribute or otherwise make available.  You must
    154  0  yongsun     inform recipients of any such Covered Software in Executable form
    155  0  yongsun     as to how they can obtain such Covered Software in Source Code
    156  0  yongsun     form in a reasonable manner on or through a medium customarily
    157  0  yongsun     used for software exchange.
    158  0  yongsun 
    159  0  yongsun     3.2. Modifications.
    160  0  yongsun 
    161  0  yongsun     The Modifications that You create or to which You contribute are
    162  0  yongsun     governed by the terms of this License.  You represent that You
    163  0  yongsun     believe Your Modifications are Your original creation(s) and/or
    164  0  yongsun     You have sufficient rights to grant the rights conveyed by this
    165  0  yongsun     License.
    166  0  yongsun 
    167  0  yongsun     3.3. Required Notices.
    168  0  yongsun 
    169  0  yongsun     You must include a notice in each of Your Modifications that
    170  0  yongsun     identifies You as the Contributor of the Modification.  You may
    171  0  yongsun     not remove or alter any copyright, patent or trademark notices
    172  0  yongsun     contained within the Covered Software, or any notices of licensing
    173  0  yongsun     or any descriptive text giving attribution to any Contributor or
    174  0  yongsun     the Initial Developer.
    175  0  yongsun 
    176  0  yongsun     3.4. Application of Additional Terms.
    177  0  yongsun 
    178  0  yongsun     You may not offer or impose any terms on any Covered Software in
    179  0  yongsun     Source Code form that alters or restricts the applicable version
    180  0  yongsun     of this License or the recipients' rights hereunder.  You may
    181  0  yongsun     choose to offer, and to charge a fee for, warranty, support,
    182  0  yongsun     indemnity or liability obligations to one or more recipients of
    183  0  yongsun     Covered Software.  However, you may do so only on Your own behalf,
    184  0  yongsun     and not on behalf of the Initial Developer or any Contributor.
    185  0  yongsun     You must make it absolutely clear that any such warranty, support,
    186  0  yongsun     indemnity or liability obligation is offered by You alone, and You
    187  0  yongsun     hereby agree to indemnify the Initial Developer and every
    188  0  yongsun     Contributor for any liability incurred by the Initial Developer or
    189  0  yongsun     such Contributor as a result of warranty, support, indemnity or
    190  0  yongsun     liability terms You offer.
    191  0  yongsun 
    192  0  yongsun     3.5. Distribution of Executable Versions.
    193  0  yongsun 
    194  0  yongsun     You may distribute the Executable form of the Covered Software
    195  0  yongsun     under the terms of this License or under the terms of a license of
    196  0  yongsun     Your choice, which may contain terms different from this License,
    197  0  yongsun     provided that You are in compliance with the terms of this License
    198  0  yongsun     and that the license for the Executable form does not attempt to
    199  0  yongsun     limit or alter the recipient's rights in the Source Code form from
    200  0  yongsun     the rights set forth in this License.  If You distribute the
    201  0  yongsun     Covered Software in Executable form under a different license, You
    202  0  yongsun     must make it absolutely clear that any terms which differ from
    203  0  yongsun     this License are offered by You alone, not by the Initial
    204  0  yongsun     Developer or Contributor.  You hereby agree to indemnify the
    205  0  yongsun     Initial Developer and every Contributor for any liability incurred
    206  0  yongsun     by the Initial Developer or such Contributor as a result of any
    207  0  yongsun     such terms You offer.
    208  0  yongsun 
    209  0  yongsun     3.6. Larger Works.
    210  0  yongsun 
    211  0  yongsun     You may create a Larger Work by combining Covered Software with
    212  0  yongsun     other code not governed by the terms of this License and
    213  0  yongsun     distribute the Larger Work as a single product.  In such a case,
    214  0  yongsun     You must make sure the requirements of this License are fulfilled
    215  0  yongsun     for the Covered Software.
    216  0  yongsun 
    217  0  yongsun 4. Versions of the License.
    218  0  yongsun 
    219  0  yongsun     4.1. New Versions.
    220  0  yongsun 
    221  0  yongsun     Sun Microsystems, Inc. is the initial license steward and may
    222  0  yongsun     publish revised and/or new versions of this License from time to
    223  0  yongsun     time.  Each version will be given a distinguishing version number.
    224  0  yongsun     Except as provided in Section 4.3, no one other than the license
    225  0  yongsun     steward has the right to modify this License.
    226  0  yongsun 
    227  0  yongsun     4.2. Effect of New Versions.
    228  0  yongsun 
    229  0  yongsun     You may always continue to use, distribute or otherwise make the
    230  0  yongsun     Covered Software available under the terms of the version of the
    231  0  yongsun     License under which You originally received the Covered Software.
    232  0  yongsun     If the Initial Developer includes a notice in the Original
    233  0  yongsun     Software prohibiting it from being distributed or otherwise made
    234  0  yongsun     available under any subsequent version of the License, You must
    235  0  yongsun     distribute and make the Covered Software available under the terms
    236  0  yongsun     of the version of the License under which You originally received
    237  0  yongsun     the Covered Software.  Otherwise, You may also choose to use,
    238  0  yongsun     distribute or otherwise make the Covered Software available under
    239  0  yongsun     the terms of any subsequent version of the License published by
    240  0  yongsun     the license steward.
    241  0  yongsun 
    242  0  yongsun     4.3. Modified Versions.
    243  0  yongsun 
    244  0  yongsun     When You are an Initial Developer and You want to create a new
    245  0  yongsun     license for Your Original Software, You may create and use a
    246  0  yongsun     modified version of this License if You: (a) rename the license
    247  0  yongsun     and remove any references to the name of the license steward
    248  0  yongsun     (except to note that the license differs from this License); and
    249  0  yongsun     (b) otherwise make it clear that the license contains terms which
    250  0  yongsun     differ from this License.
    251  0  yongsun 
    252  0  yongsun 5. DISCLAIMER OF WARRANTY.
    253  0  yongsun 
    254  0  yongsun     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
    255  0  yongsun     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
    256  0  yongsun     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
    257  0  yongsun     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
    258  0  yongsun     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
    259  0  yongsun     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
    260  0  yongsun     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
    261  0  yongsun     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
    262  0  yongsun     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
    263  0  yongsun     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
    264  0  yongsun     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    265  0  yongsun     DISCLAIMER.
    266  0  yongsun 
    267  0  yongsun 6. TERMINATION.
    268  0  yongsun 
    269  0  yongsun     6.1. This License and the rights granted hereunder will terminate
    270  0  yongsun     automatically if You fail to comply with terms herein and fail to
    271  0  yongsun     cure such breach within 30 days of becoming aware of the breach.
    272  0  yongsun     Provisions which, by their nature, must remain in effect beyond
    273  0  yongsun     the termination of this License shall survive.
    274  0  yongsun 
    275  0  yongsun     6.2. If You assert a patent infringement claim (excluding
    276  0  yongsun     declaratory judgment actions) against Initial Developer or a
    277  0  yongsun     Contributor (the Initial Developer or Contributor against whom You
    278  0  yongsun     assert such claim is referred to as "Participant") alleging that
    279  0  yongsun     the Participant Software (meaning the Contributor Version where
    280  0  yongsun     the Participant is a Contributor or the Original Software where
    281  0  yongsun     the Participant is the Initial Developer) directly or indirectly
    282  0  yongsun     infringes any patent, then any and all rights granted directly or
    283  0  yongsun     indirectly to You by such Participant, the Initial Developer (if
    284  0  yongsun     the Initial Developer is not the Participant) and all Contributors
    285  0  yongsun     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
    286  0  yongsun     notice from Participant terminate prospectively and automatically
    287  0  yongsun     at the expiration of such 60 day notice period, unless if within
    288  0  yongsun     such 60 day period You withdraw Your claim with respect to the
    289  0  yongsun     Participant Software against such Participant either unilaterally
    290  0  yongsun     or pursuant to a written agreement with Participant.
    291  0  yongsun 
    292  0  yongsun     6.3. In the event of termination under Sections 6.1 or 6.2 above,
    293  0  yongsun     all end user licenses that have been validly granted by You or any
    294  0  yongsun     distributor hereunder prior to termination (excluding licenses
    295  0  yongsun     granted to You by any distributor) shall survive termination.
    296  0  yongsun 
    297  0  yongsun 7. LIMITATION OF LIABILITY.
    298  0  yongsun 
    299  0  yongsun     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    300  0  yongsun     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
    301  0  yongsun     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
    302  0  yongsun     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
    303  0  yongsun     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    304  0  yongsun     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
    305  0  yongsun     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
    306  0  yongsun     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    307  0  yongsun     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
    308  0  yongsun     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
    309  0  yongsun     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
    310  0  yongsun     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
    311  0  yongsun     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
    312  0  yongsun     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    313  0  yongsun     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
    314  0  yongsun     APPLY TO YOU.
    315  0  yongsun 
    316  0  yongsun 8. U.S. GOVERNMENT END USERS.
    317  0  yongsun 
    318  0  yongsun     The Covered Software is a "commercial item," as that term is
    319  0  yongsun     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
    320  0  yongsun     computer software" (as that term is defined at 48
    321  0  yongsun     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
    322  0  yongsun     documentation" as such terms are used in 48 C.F.R. 12.212
    323  0  yongsun     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
    324  0  yongsun     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    325  0  yongsun     U.S. Government End Users acquire Covered Software with only those
    326  0  yongsun     rights set forth herein.  This U.S. Government Rights clause is in
    327  0  yongsun     lieu of, and supersedes, any other FAR, DFAR, or other clause or
    328  0  yongsun     provision that addresses Government rights in computer software
    329  0  yongsun     under this License.
    330  0  yongsun 
    331  0  yongsun 9. MISCELLANEOUS.
    332  0  yongsun 
    333  0  yongsun     This License represents the complete agreement concerning subject
    334  0  yongsun     matter hereof.  If any provision of this License is held to be
    335  0  yongsun     unenforceable, such provision shall be reformed only to the extent
    336  0  yongsun     necessary to make it enforceable.  This License shall be governed
    337  0  yongsun     by the law of the jurisdiction specified in a notice contained
    338  0  yongsun     within the Original Software (except to the extent applicable law,
    339  0  yongsun     if any, provides otherwise), excluding such jurisdiction's
    340  0  yongsun     conflict-of-law provisions.  Any litigation relating to this
    341  0  yongsun     License shall be subject to the jurisdiction of the courts located
    342  0  yongsun     in the jurisdiction and venue specified in a notice contained
    343  0  yongsun     within the Original Software, with the losing party responsible
    344  0  yongsun     for costs, including, without limitation, court costs and
    345  0  yongsun     reasonable attorneys' fees and expenses.  The application of the
    346  0  yongsun     United Nations Convention on Contracts for the International Sale
    347  0  yongsun     of Goods is expressly excluded.  Any law or regulation which
    348  0  yongsun     provides that the language of a contract shall be construed
    349  0  yongsun     against the drafter shall not apply to this License.  You agree
    350  0  yongsun     that You alone are responsible for compliance with the United
    351  0  yongsun     States export administration regulations (and the export control
    352  0  yongsun     laws and regulation of any other countries) when You use,
    353  0  yongsun     distribute or otherwise make available any Covered Software.
    354  0  yongsun 
    355  0  yongsun 10. RESPONSIBILITY FOR CLAIMS.
    356  0  yongsun 
    357  0  yongsun     As between Initial Developer and the Contributors, each party is
    358  0  yongsun     responsible for claims and damages arising, directly or
    359  0  yongsun     indirectly, out of its utilization of rights under this License
    360  0  yongsun     and You agree to work with Initial Developer and Contributors to
    361  0  yongsun     distribute such responsibility on an equitable basis.  Nothing
    362  0  yongsun     herein is intended or shall be deemed to constitute any admission
    363  0  yongsun     of liability.
    364  0  yongsun 
    365  0  yongsun --------------------------------------------------------------------
    366  0  yongsun 
    367  0  yongsun NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
    368  0  yongsun DISTRIBUTION LICENSE (CDDL)
    369  0  yongsun 
    370  0  yongsun For Covered Software in this distribution, this License shall
    371  0  yongsun be governed by the laws of the State of California (excluding
    372  0  yongsun conflict-of-law provisions).
    373  0  yongsun 
    374  0  yongsun Any litigation relating to this License shall be subject to the
    375  0  yongsun jurisdiction of the Federal Courts of the Northern District of
    376  0  yongsun California and the state courts of the State of California, with
    377  0  yongsun venue lying in Santa Clara County, California.
    378