385 lines
18 KiB
Text
385 lines
18 KiB
Text
|
Unless otherwise noted, all files in this distribution are released
|
||
|
|
under the Common Development and Distribution License (CDDL).
|
||
|
|
Exceptions are noted within the associated source files.
|
||
|
|
|
||
|
|
--------------------------------------------------------------------
|
||
|
|
|
||
|
|
|
||
|
|
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 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 Modifications; 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.
|
||
|
|
|
||
|
|
Sun Microsystems, Inc. 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.
|
||
|
|
|
||
|
|
--------------------------------------------------------------------
|
||
|
|
|
||
|
|
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
|
||
|
|
DISTRIBUTION LICENSE (CDDL)
|
||
|
|
|
||
|
|
For Covered Software in this distribution, this License 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.
|