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