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.

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.
