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LICENSE.txt
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0
1. Definitions.
1.1. "Contributor" means each individual or entity that
creates or contributes to the creation of Modifications.
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.
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.
1.4. "Executable" means the Covered Software in any form
other than Source Code.
1.5. "Initial Developer" means the individual or entity that
first makes Original Software available under this License.
1.6. "Larger Work" means a work which combines Covered
Software or portions thereof with code not governed by the
terms of this License.
1.7. "License" means this document.
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.
1.9. "Modifications" means the Source Code and Executable
form of any of the following:
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;
B. Any new file that contains any part of the Original
Software or previous Modification; or
C. Any new file that is contributed or otherwise made
available under the terms of this License.
1.10. "Original Software" means the Source Code and
Executable form of computer software code that is originally
released under this License.
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.
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.
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.
2. License Grants.
2.1. The Initial Developer Grant. 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:
(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
(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).
(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.
(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.
2.2. Contributor Grant. 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:
(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
(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).
(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.
(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.
3. Distribution Obligations.
3.1. Availability of Source Code.
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.
3.2. Modifications.
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.
3.3. Required Notices.
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.
3.4. Application of Additional Terms.
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.
3.5. Distribution of Executable Versions.
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.
3.6. Larger Works.
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.
4. Versions of the License.
4.1. New Versions.
Oracle Corporation 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.
4.2. Effect of New Versions.
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.
4.3. Modified Versions.
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.
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.
6. TERMINATION.
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.
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.
6.3. 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.
7. LIMITATION OF LIABILITY.
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 LOST
PROFITS, 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.
8. U.S. GOVERNMENT END USERS.
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.
9. MISCELLANEOUS.
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.
10. RESPONSIBILITY FOR CLAIMS.
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.