path: root/licenses/CDDL-1.1

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1

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 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. 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.

    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.

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 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.

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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)

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.