Common Development and Distribution License (CDDL) Version 1.0

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  • 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, ...

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