usr/src/OPENSOLARIS.LICENSE
author Jon Tibble <meths@btinternet.com>
Thu, 26 Apr 2012 21:14:28 +0100
changeset 13725 935cf5917cbc
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Unless otherwise noted, all files in this distribution are released
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under the Common Development and Distribution License (CDDL).
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Exceptions are noted within the associated source files.
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--------------------------------------------------------------------
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
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1. Definitions.
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    1.1. "Contributor" means each individual or entity that creates
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         or 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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    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
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         each case including portions thereof.
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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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    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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    1.6. "Larger Work" means 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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    1.7. "License" means this document.
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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
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         herein.
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    1.9. "Modifications" means the Source Code and Executable form of
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         any of the following:
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        A. Any file that results from an addition to, deletion from or
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           modification of the contents of a file containing Original
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           Software or previous Modifications;
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        B. Any new file that contains any part of the Original
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           Software or previous Modifications; or
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        C. Any new file that is contributed or otherwise made
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           available under the terms of this License.
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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
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          under this License.
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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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    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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    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
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          of, this License.  For legal entities, "You" includes any
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          entity which controls, is controlled by, or is under common
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          control with You.  For purposes of this definition,
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          "control" means (a) the power, direct or indirect, to cause
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          the direction or management of such entity, whether by
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          contract or otherwise, or (b) ownership of more than fifty
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          percent (50%) of the outstanding shares or beneficial
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          ownership of such entity.
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2. License Grants.
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    2.1. The Initial Developer Grant.
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    Conditioned upon Your compliance with Section 3.1 below and
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    subject to third party intellectual property claims, the Initial
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    Developer hereby grants You a world-wide, royalty-free,
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    non-exclusive license:
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        (a) under intellectual property rights (other than patent or
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            trademark) Licensable by Initial Developer, to use,
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            reproduce, modify, display, perform, sublicense and
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            distribute the Original Software (or portions thereof),
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            with or without Modifications, and/or as part of a Larger
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            Work; and
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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,
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            practice, sell, and offer for sale, and/or otherwise
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            dispose of the Original Software (or portions thereof).
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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
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            or otherwise makes the Original Software available to a
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            third party under the terms of this License.
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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
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            combination of the Original Software with other software
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            or devices.
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    2.2. Contributor Grant.
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    Conditioned upon Your compliance with Section 3.1 below and
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    subject to third party intellectual property claims, each
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    Contributor hereby grants You a world-wide, royalty-free,
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    non-exclusive license:
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        (a) under intellectual property rights (other than patent or
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            trademark) Licensable by Contributor to use, reproduce,
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            modify, display, perform, sublicense and distribute the
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            Modifications created by such Contributor (or portions
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            thereof), either on an unmodified basis, with other
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            Modifications, as Covered Software and/or as part of a
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            Larger Work; and
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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
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            alone and/or in combination with its Contributor Version
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            (or portions of such combination), to make, use, sell,
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            offer for sale, have made, and/or otherwise dispose of:
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            (1) Modifications made by that Contributor (or portions
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            thereof); and (2) the combination of Modifications made by
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            that Contributor with its Contributor Version (or portions
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            of such combination).
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        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
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            effective on the date Contributor first distributes or
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            otherwise makes the Modifications available to a third
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            party.
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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
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            from the Contributor Version; (2) for infringements caused
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            by: (i) third party modifications of Contributor Version,
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            or (ii) the combination of Modifications made by that
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            Contributor with other software (except as part of the
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            Contributor Version) or other devices; or (3) under Patent
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            Claims infringed by Covered Software in the absence of
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            Modifications made by that Contributor.
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3. Distribution Obligations.
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    3.1. Availability of Source Code.
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    Any Covered Software that You distribute or otherwise make
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    available in Executable form must also be made available in Source
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    Code form and that Source Code form must be distributed only under
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    the terms of this License.  You must include a copy of this
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    License with every copy of the Source Code form of the Covered
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    Software You distribute or otherwise make available.  You must
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    inform recipients of any such Covered Software in Executable form
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    as to how they can obtain such Covered Software in Source Code
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    form in a reasonable manner on or through a medium customarily
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    used for software exchange.
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    3.2. Modifications.
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    The Modifications that You create or to which You contribute are
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    governed by the terms of this License.  You represent that You
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    believe Your Modifications are Your original creation(s) and/or
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    You have sufficient rights to grant the rights conveyed by this
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    License.
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    3.3. Required Notices.
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parents:
diff changeset
   176
    You must include a notice in each of Your Modifications that
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   177
    identifies You as the Contributor of the Modification.  You may
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   178
    not remove or alter any copyright, patent or trademark notices
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   179
    contained within the Covered Software, or any notices of licensing
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   180
    or any descriptive text giving attribution to any Contributor or
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   181
    the Initial Developer.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   182
68f95e015346 OpenSolaris Launch
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diff changeset
   183
    3.4. Application of Additional Terms.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   184
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   185
    You may not offer or impose any terms on any Covered Software in
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   186
    Source Code form that alters or restricts the applicable version
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   187
    of this License or the recipients' rights hereunder.  You may
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   188
    choose to offer, and to charge a fee for, warranty, support,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   189
    indemnity or liability obligations to one or more recipients of
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   190
    Covered Software.  However, you may do so only on Your own behalf,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   191
    and not on behalf of the Initial Developer or any Contributor.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   192
    You must make it absolutely clear that any such warranty, support,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   193
    indemnity or liability obligation is offered by You alone, and You
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   194
    hereby agree to indemnify the Initial Developer and every
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   195
    Contributor for any liability incurred by the Initial Developer or
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   196
    such Contributor as a result of warranty, support, indemnity or
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   197
    liability terms You offer.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   198
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   199
    3.5. Distribution of Executable Versions.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   200
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   201
    You may distribute the Executable form of the Covered Software
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   202
    under the terms of this License or under the terms of a license of
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   203
    Your choice, which may contain terms different from this License,
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   204
    provided that You are in compliance with the terms of this License
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   205
    and that the license for the Executable form does not attempt to
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   206
    limit or alter the recipient's rights in the Source Code form from
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   207
    the rights set forth in this License.  If You distribute the
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   208
    Covered Software in Executable form under a different license, You
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   209
    must make it absolutely clear that any terms which differ from
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   210
    this License are offered by You alone, not by the Initial
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   211
    Developer or Contributor.  You hereby agree to indemnify the
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   212
    Initial Developer and every Contributor for any liability incurred
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   213
    by the Initial Developer or such Contributor as a result of any
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   214
    such terms You offer.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   215
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   216
    3.6. Larger Works.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   217
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   218
    You may create a Larger Work by combining Covered Software with
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   219
    other code not governed by the terms of this License and
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   220
    distribute the Larger Work as a single product.  In such a case,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   221
    You must make sure the requirements of this License are fulfilled
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   222
    for the Covered Software.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   223
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   224
4. Versions of the License.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   225
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   226
    4.1. New Versions.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   227
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   228
    Sun Microsystems, Inc. is the initial license steward and may
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   229
    publish revised and/or new versions of this License from time to
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   230
    time.  Each version will be given a distinguishing version number.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   231
    Except as provided in Section 4.3, no one other than the license
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   232
    steward has the right to modify this License.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   233
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   234
    4.2. Effect of New Versions.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   235
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   236
    You may always continue to use, distribute or otherwise make the
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   237
    Covered Software available under the terms of the version of the
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   238
    License under which You originally received the Covered Software.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   239
    If the Initial Developer includes a notice in the Original
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   240
    Software prohibiting it from being distributed or otherwise made
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   241
    available under any subsequent version of the License, You must
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   242
    distribute and make the Covered Software available under the terms
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   243
    of the version of the License under which You originally received
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   244
    the Covered Software.  Otherwise, You may also choose to use,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   245
    distribute or otherwise make the Covered Software available under
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   246
    the terms of any subsequent version of the License published by
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   247
    the license steward.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   248
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   249
    4.3. Modified Versions.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   250
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   251
    When You are an Initial Developer and You want to create a new
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   252
    license for Your Original Software, You may create and use a
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   253
    modified version of this License if You: (a) rename the license
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   254
    and remove any references to the name of the license steward
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   255
    (except to note that the license differs from this License); and
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   256
    (b) otherwise make it clear that the license contains terms which
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   257
    differ from this License.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   258
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   259
5. DISCLAIMER OF WARRANTY.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   260
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   261
    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   262
    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   263
    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   264
    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   265
    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   266
    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   267
    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   268
    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   269
    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   270
    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   271
    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   272
    DISCLAIMER.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   273
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   274
6. TERMINATION.
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   275
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   276
    6.1. This License and the rights granted hereunder will terminate
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   277
    automatically if You fail to comply with terms herein and fail to
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   278
    cure such breach within 30 days of becoming aware of the breach.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   279
    Provisions which, by their nature, must remain in effect beyond
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   280
    the termination of this License shall survive.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   281
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   282
    6.2. If You assert a patent infringement claim (excluding
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   283
    declaratory judgment actions) against Initial Developer or a
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   284
    Contributor (the Initial Developer or Contributor against whom You
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   285
    assert such claim is referred to as "Participant") alleging that
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   286
    the Participant Software (meaning the Contributor Version where
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   287
    the Participant is a Contributor or the Original Software where
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   288
    the Participant is the Initial Developer) directly or indirectly
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   289
    infringes any patent, then any and all rights granted directly or
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   290
    indirectly to You by such Participant, the Initial Developer (if
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   291
    the Initial Developer is not the Participant) and all Contributors
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   292
    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   293
    notice from Participant terminate prospectively and automatically
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   294
    at the expiration of such 60 day notice period, unless if within
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   295
    such 60 day period You withdraw Your claim with respect to the
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   296
    Participant Software against such Participant either unilaterally
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   297
    or pursuant to a written agreement with Participant.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   298
68f95e015346 OpenSolaris Launch
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parents:
diff changeset
   299
    6.3. In the event of termination under Sections 6.1 or 6.2 above,
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   300
    all end user licenses that have been validly granted by You or any
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   301
    distributor hereunder prior to termination (excluding licenses
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   302
    granted to You by any distributor) shall survive termination.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   303
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   304
7. LIMITATION OF LIABILITY.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   305
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   306
    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   307
    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   308
    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   309
    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   310
    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   311
    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   312
    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   313
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   314
    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   315
    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   316
    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   317
    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   318
    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   319
    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   320
    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   321
    APPLY TO YOU.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   322
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   323
8. U.S. GOVERNMENT END USERS.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   324
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   325
    The Covered Software is a "commercial item," as that term is
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   326
    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   327
    computer software" (as that term is defined at 48
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   328
    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   329
    documentation" as such terms are used in 48 C.F.R. 12.212
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   330
    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   331
    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   332
    U.S. Government End Users acquire Covered Software with only those
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   333
    rights set forth herein.  This U.S. Government Rights clause is in
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   334
    lieu of, and supersedes, any other FAR, DFAR, or other clause or
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   335
    provision that addresses Government rights in computer software
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   336
    under this License.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   337
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   338
9. MISCELLANEOUS.
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   339
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   340
    This License represents the complete agreement concerning subject
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   341
    matter hereof.  If any provision of this License is held to be
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   342
    unenforceable, such provision shall be reformed only to the extent
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
diff changeset
   343
    necessary to make it enforceable.  This License shall be governed
68f95e015346 OpenSolaris Launch
stevel@tonic-gate
parents:
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    by the law of the jurisdiction specified in a notice contained
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    within the Original Software (except to the extent applicable law,
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   346
    if any, provides otherwise), excluding such jurisdiction's
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   347
    conflict-of-law provisions.  Any litigation relating to this
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    License shall be subject to the jurisdiction of the courts located
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    in the jurisdiction and venue specified in a notice contained
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parents:
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    within the Original Software, with the losing party responsible
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    for costs, including, without limitation, court costs and
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parents:
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    reasonable attorneys' fees and expenses.  The application of the
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   353
    United Nations Convention on Contracts for the International Sale
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parents:
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    of Goods is expressly excluded.  Any law or regulation which
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   355
    provides that the language of a contract shall be construed
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parents:
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   356
    against the drafter shall not apply to this License.  You agree
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parents:
diff changeset
   357
    that You alone are responsible for compliance with the United
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parents:
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   358
    States export administration regulations (and the export control
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parents:
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   359
    laws and regulation of any other countries) when You use,
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diff changeset
   360
    distribute or otherwise make available any Covered Software.
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diff changeset
   361
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10. RESPONSIBILITY FOR CLAIMS.
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    As between Initial Developer and the Contributors, each party is
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   365
    responsible for claims and damages arising, directly or
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parents:
diff changeset
   366
    indirectly, out of its utilization of rights under this License
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parents:
diff changeset
   367
    and You agree to work with Initial Developer and Contributors to
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parents:
diff changeset
   368
    distribute such responsibility on an equitable basis.  Nothing
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parents:
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   369
    herein is intended or shall be deemed to constitute any admission
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parents:
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   370
    of liability.
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parents:
diff changeset
   371
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--------------------------------------------------------------------
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
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   375
DISTRIBUTION LICENSE (CDDL)
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parents:
diff changeset
   376
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   377
For Covered Software in this distribution, this License shall
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   378
be governed by the laws of the State of California (excluding
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   379
conflict-of-law provisions).
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parents:
diff changeset
   380
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parents:
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   381
Any litigation relating to this License shall be subject to the
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parents:
diff changeset
   382
jurisdiction of the Federal Courts of the Northern District of
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parents:
diff changeset
   383
California and the state courts of the State of California, with
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venue lying in Santa Clara County, California.