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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
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1. Definitions. |
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1.1. Contributor means each individual or entity that creates or |
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contributes to the creation of Modifications. |
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1.2. Contributor Version means the combination of the Original |
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Software, prior Modifications used by a Contributor (if any), |
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and the Modifications made by that particular Contributor. |
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|
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1.3. Covered Software means (a) the Original Software, or (b) |
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Modifications, or (c) the combination of files containing |
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Original Software with files containing Modifications, in each |
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case including portions thereof. |
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|
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1.4. Executable means the Covered Software in any form other |
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than Source Code. |
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|
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1.5. Initial Developer means the individual or entity that first |
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makes Original Software available under this License. |
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|
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1.6. Larger Workmeans a work which combines Covered Software or |
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portions thereof with code not governed by the terms of this |
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License. |
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|
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1.7. License means this document. |
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|
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1.8. Licensable means having the right to grant, to the maximum |
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extent possible, whether at the time of the initial grant or |
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subsequently acquired, any and all of the rights conveyed herein. |
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|
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1.9. Modifications means the Source Code and Executable form of |
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any of the following: A. Any file that results from an addition |
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to, deletion from or modification of the contents of a file |
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containing Original Software or previous Modifications; B. Any |
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new file that contains any part of the Original Software or |
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previous Modification; or C. Any new file that is contributed or |
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otherwise made available under the terms of this License. |
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|
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1.10. Original Software means the Source Code and Executable |
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form of computer software code that is originally released under |
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this License. |
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|
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1.11. Patent Claims means any patent claim(s), now owned or |
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hereafter acquired, including without limitation, method, |
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process, and apparatus claims, in any patent Licensable by |
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grantor. |
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|
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1.12. Source Code means (a) the common form of computer software |
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code in which modifications are made and (b) associated |
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documentation included in or with such code. |
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|
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1.13. You (or Your) means an individual or a legal entity |
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exercising rights under, and complying with all of the terms of, |
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this License. For legal entities, You includes any entity which |
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controls, is controlled by, or is under common control with You. |
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For purposes of this definition, control means (a) the power, |
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direct or indirect, to cause the direction or management of such |
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entity, whether by contract or otherwise, or (b) ownership of |
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more than fifty percent (50%) of the outstanding shares or |
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beneficial ownership of such entity. |
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|
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2. License Grants. |
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|
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2.1. The Initial Developer Grant. Conditioned upon Your |
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compliance with Section 3.1 below and subject to third party |
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intellectual property claims, the Initial Developer hereby |
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grants You a world-wide, royalty-free, non-exclusive license: |
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|
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Initial Developer, to use, reproduce, |
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modify, display, perform, sublicense and distribute the Original |
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Software (or portions thereof), with or without Modifications, |
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and/or as part of a Larger Work; and |
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|
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(b) under Patent Claims infringed by the making, using or |
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selling of Original Software, to make, have made, use, practice, |
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sell, and offer for sale, and/or otherwise dispose of the |
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Original Software (or portions thereof); |
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|
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(c) The licenses granted in Sections 2.1(a) and (b) are |
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effective on the date Initial Developer first distributes or |
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otherwise makes the Original Software available to a third party |
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under the terms of this License; |
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|
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(d) Notwithstanding Section 2.1(b) above, no patent license is |
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granted: (1) for code that You delete from the Original |
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Software, or (2) for infringements caused by: (i) the |
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modification of the Original Software, or (ii) the combination |
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of the Original Software with other software or devices. |
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|
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2.2. Contributor Grant. Conditioned upon Your compliance with |
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Section 3.1 below and subject to third party intellectual |
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property claims, each Contributor hereby grants You a |
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world-wide, royalty-free, non-exclusive license: |
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|
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Contributor to use, reproduce, modify, |
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display, perform, sublicense and distribute the Modifications |
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created by such Contributor (or portions thereof), either on an |
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unmodified basis, with other Modifications, as Covered Software |
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and/or as part of a Larger Work; and |
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|
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(b) under Patent Claims infringed by the making, using, or |
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selling of Modifications made by that Contributor either alone |
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and/or in combination with its Contributor Version (or portions |
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of such combination), to make, use, sell, offer for sale, have |
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made, and/or otherwise dispose of: (1) Modifications made by |
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that Contributor (or portions thereof); and (2) the combination |
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of Modifications made by that Contributor with its Contributor |
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Version (or portions of such combination). |
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|
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) |
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areeffective on the date Contributor first distributes or |
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otherwise makes the Modifications available to a third party. |
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|
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(d) Notwithstanding Section 2.2(b) above, no patent license is |
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granted: (1) for any code that Contributor has deleted from the |
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Contributor Version; (2) for infringements caused by: (i) third |
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party modifications of Contributor Version, or (ii) the |
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combination of Modifications made by that Contributor with other |
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software (except as part of the Contributor Version) or other |
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devices; or (3) under Patent Claims infringed by Covered |
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Software in the absence of Modifications made by that |
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Contributor. |
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|
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3. Distribution Obligations. |
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|
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3.1. Availability of Source Code. Any Covered Software that You |
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distribute or otherwise make available in Executable form must |
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also be made available in Source Code form and that Source Code |
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form must be distributed only under the terms of this License. |
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You must include a copy of this License with every copy of the |
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Source Code form of the Covered Software You distribute or |
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otherwise make available. You must inform recipients of any such |
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Covered Software in Executable form as to how they can obtain |
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such Covered Software in Source Code form in a reasonable manner |
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on or through a medium customarily used for software exchange. |
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|
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3.2. Modifications. The Modifications that You create or to |
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which You contribute are governed by the terms of this License. |
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You represent that You believe Your Modifications are Your |
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original creation(s) and/or You have sufficient rights to grant |
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the rights conveyed by this License. |
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|
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3.3. Required Notices. You must include a notice in each of Your |
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Modifications that identifies You as the Contributor of the |
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Modification. You may not remove or alter any copyright, patent |
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or trademark notices contained within the Covered Software, or |
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any notices of licensing or any descriptive text giving |
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attribution to any Contributor or the Initial Developer. |
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|
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3.4. Application of Additional Terms. You may not offer or |
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impose any terms on any Covered Software in Source Code form |
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that alters or restricts the applicable version of this License |
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or the recipients rights hereunder. You may choose to offer, and |
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to charge a fee for, warranty, support, indemnity or liability |
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obligations to one or more recipients of Covered |
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Software. However, you may do so only on Your own behalf, and |
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not on behalf of the Initial Developer or any Contributor. You |
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must make it absolutely clear that any such warranty, support, |
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indemnity or liability obligation is offered by You alone, and |
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You hereby agree to indemnify the Initial Developer and every |
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Contributor for any liability incurred by the Initial Developer |
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or such Contributor as a result of warranty, support, indemnity |
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or liability terms You offer. |
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|
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3.5. Distribution of Executable Versions. You may distribute the |
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Executable form of the Covered Software under the terms of this |
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License or under the terms of a license of Your choice, which |
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may contain terms different from this License, provided that You |
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are in compliance with the terms of this License and that the |
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license for the Executable form does not attempt to limit or |
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alter the recipients rights in the Source Code form from the |
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rights set forth in this License. If You distribute the Covered |
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Software in Executable form under a different license, You must |
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make it absolutely clear that any terms which differ from this |
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License are offered by You alone, not by the Initial Developer |
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or Contributor. You hereby agree to indemnify the Initial |
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Developer and every Contributor for any liability incurred by |
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the Initial Developer or such Contributor as a result of any |
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such terms You offer. |
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|
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3.6. Larger Works. You may create a Larger Work by combining |
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Covered Software with other code not governed by the terms of |
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this License and distribute the Larger Work as a single product. |
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In such a case, You must make sure the requirements of this |
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License are fulfilled for the Covered Software. |
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|
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4. Versions of the License. |
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|
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4.1. New Versions. Sun Microsystems, Inc. is the initial license |
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steward and may publish revised and/or new versions of this |
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License from time to time. Each version will be given a |
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distinguishing version number. Except as provided in Section |
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4.3, no one other than the license steward has the right to |
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modify this License. |
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|
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4.2. Effect of New Versions. You may always continue to use, |
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distribute or otherwise make the Covered Software available |
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under the terms of the version of the License under which You |
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originally received the Covered Software. If the Initial |
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Developer includes a notice in the Original Software prohibiting |
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it from being distributed or otherwise made available under any |
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subsequent version of the License, You must distribute and make |
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the Covered Software available under the terms of the version of |
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the License under which You originally received the Covered |
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Software. Otherwise, You may also choose to use, distribute or |
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otherwise make the Covered Software available under the terms of |
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any subsequent version of the License published by the license |
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steward. |
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|
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4.3. Modified Versions. When You are an Initial Developer and |
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You want to create a new license for Your Original Software, You |
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may create and use a modified version of this License if You: |
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(a) rename the license and remove any references to the name of |
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the license steward (except to note that the license differs |
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from this License); and (b) otherwise make it clear that the |
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license contains terms which differ from this License. |
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|
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5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER |
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THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, |
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EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, |
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WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, |
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
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SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE |
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY |
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, |
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE |
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IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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|
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6. TERMINATION. |
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|
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6.1. This License and the rights granted hereunder will |
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terminate automatically if You fail to comply with terms herein |
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and fail to cure such breach within 30 days of becoming aware of |
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the breach. Provisions which, by their nature, must remain in |
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effect beyond the termination of this License shall survive. |
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|
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6.2. If You assert a patent infringement claim (excluding |
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declaratory judgment actions) against Initial Developer or a |
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Contributor (the Initial Developer or Contributor against whom |
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You assert such claim is referred to as Participant) alleging |
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that the Participant Software (meaning the Contributor Version |
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where the Participant is a Contributor or the Original Software |
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where the Participant is the Initial Developer) directly or |
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indirectly infringes any patent, then any and all rights granted |
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directly or indirectly to You by such Participant, the Initial |
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Developer (if the Initial Developer is not the Participant) and |
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all Contributors under Sections 2.1 and/or 2.2 of this License |
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shall, upon 60 days notice from Participant terminate |
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prospectively and automatically at the expiration of such 60 day |
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notice period, unless if within such 60 day period You withdraw |
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Your claim with respect to the Participant Software against such |
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Participant either unilaterally or pursuant to a written |
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agreement with Participant. |
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|
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6.3. In the event of termination under Sections 6.1 or 6.2 |
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above, all end user licenses that have been validly granted by |
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You or any distributor hereunder prior to termination (excluding |
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licenses granted to You by any distributor) shall survive |
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termination. |
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|
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7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO |
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LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR |
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OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER |
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY |
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SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY |
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INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
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CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
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PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, |
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EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY |
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OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO |
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LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
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PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH |
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS |
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EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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|
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8. U.S. GOVERNMENT END USERS. The Covered Software is a |
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commercial item, as that term is defined in 48 C.F.R. 2.101 |
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(Oct. 1995), consisting of commercial computer software (as that |
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term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial |
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computer software documentation as such terms are used in 48 |
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C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and |
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48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
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U.S. Government End Users acquire Covered Software with only |
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those rights set forth herein. This U.S. Government Rights |
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clause is in lieu of, and supersedes, any other FAR, DFAR, or |
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other clause or provision that addresses Government rights in |
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computer software under this License. |
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|
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9. MISCELLANEOUS. This License represents the complete agreement |
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concerning subject matter hereof. If any provision of this |
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License is held to be unenforceable, such provision shall be |
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reformed only to the extent necessary to make it enforceable. |
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This License shall be governed by the law of the jurisdiction |
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specified in a notice contained within the Original Software |
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(except to the extent applicable law, if any, provides |
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otherwise), excluding such jurisdictions conflict-of-law |
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provisions. Any litigation relating to this License shall be |
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subject to the jurisdiction of the courts located in the |
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jurisdiction and venue specified in a notice contained within |
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the Original Software, with the losing party responsible for |
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costs, including, without limitation, court costs and reasonable |
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attorneys fees and expenses. The application of the United |
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Nations Convention on Contracts for the International Sale of |
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Goods is expressly excluded. Any law or regulation which |
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provides that the language of a contract shall be construed |
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against the drafter shall not apply to this License. You agree |
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that You alone are responsible for compliance with the United |
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States export administration regulations (and the export control |
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laws and regulation of any other countries) when You use, |
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distribute or otherwise make available any Covered Software. |
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|
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10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and |
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the Contributors, each party is responsible for claims and |
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damages arising, directly or indirectly, out of its utilization |
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of rights under this License and You agree to work with Initial |
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Developer and Contributors to distribute such responsibility on |
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an equitable basis. Nothing herein is intended or shall be |
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deemed to constitute any admission of liability. |
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|
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---------------------------------------------------------------- |
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
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DISTRIBUTION LICENSE (CDDL): This code is released under the |
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CDDL and shall be governed by the laws of the State of |
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California (excluding conflict-of-law provisions). Any |
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litigation relating to this License shall be subject to the |
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jurisdiction of the Federal Courts of the Northern District of |
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California and the state courts of the State of California, with |
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venue lying in Santa Clara County, California. |
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