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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0

1. Definitions.

    1.1. "Contributor" means each individual or entity that creates

         or contributes to the creation of Modifications.

    1.2. "Contributor Version" means the combination of the Original

         Software, prior Modifications used by a Contributor (if any),

         and the Modifications made by that particular Contributor.

    1.3. "Covered Software" means (a) the Original Software, or (b)

         Modifications, or (c) the combination of files containing

         Original Software with files containing Modifications, in

         each case including portions thereof.

    1.4. "Executable" means the Covered Software in any form other

         than Source Code.

    1.5. "Initial Developer" means the individual or entity that first

         makes Original Software available under this License.

    1.6. "Larger Work" means a work which combines Covered Software or

         portions thereof with code not governed by the terms of this

         License.

    1.7. "License" means this document.

    1.8. "Licensable" means having the right to grant, to the maximum

         extent possible, whether at the time of the initial grant or

         subsequently acquired, any and all of the rights conveyed

         herein.

    1.9. "Modifications" means the Source Code and Executable form of

         any of the following:

        A. Any file that results from an addition to, deletion from or

           modification of the contents of a file containing Original

           Software or previous Modifications;

        B. Any new file that contains any part of the Original

           Software or previous Modifications; or

        C. Any new file that is contributed or otherwise made

           available under the terms of this License.

    1.10. "Original Software" means the Source Code and Executable

          form of computer software code that is originally released

          under this License.

    1.11. "Patent Claims" means any patent claim(s), now owned or

          hereafter acquired, including without limitation, method,

          process, and apparatus claims, in any patent Licensable by

          grantor.

    1.12. "Source Code" means (a) the common form of computer software

          code in which modifications are made and (b) associated

          documentation included in or with such code.

    1.13. "You" (or "Your") means an individual or a legal entity

          exercising rights under, and complying with all of the terms

          of, this License.  For legal entities, "You" includes any

          entity which controls, is controlled by, or is under common

          control with You.  For purposes of this definition,

          "control" means (a) the power, direct or indirect, to cause

          the direction or management of such entity, whether by

          contract or otherwise, or (b) ownership of more than fifty

          percent (50%) of the outstanding shares or beneficial

          ownership of such entity.

2. License Grants.

    2.1. The Initial Developer Grant.

    Conditioned upon Your compliance with Section 3.1 below and

    subject to third party intellectual property claims, the Initial

    Developer hereby grants You a world-wide, royalty-free,

    non-exclusive license:

        (a) under intellectual property rights (other than patent or

            trademark) Licensable by Initial Developer, to use,

            reproduce, modify, display, perform, sublicense and

            distribute the Original Software (or portions thereof),

            with or without Modifications, and/or as part of a Larger

            Work; and

        (b) under Patent Claims infringed by the making, using or

            selling of Original Software, to make, have made, use,

            practice, sell, and offer for sale, and/or otherwise

            dispose of the Original Software (or portions thereof).

        (c) The licenses granted in Sections 2.1(a) and (b) are

            effective on the date Initial Developer first distributes

            or otherwise makes the Original Software available to a

            third party under the terms of this License.

        (d) Notwithstanding Section 2.1(b) above, no patent license is

            granted: (1) for code that You delete from the Original

            Software, or (2) for infringements caused by: (i) the

            modification of the Original Software, or (ii) the

            combination of the Original Software with other software

            or devices.

    2.2. Contributor Grant.

    Conditioned upon Your compliance with Section 3.1 below and

    subject to third party intellectual property claims, each

    Contributor hereby grants You a world-wide, royalty-free,

    non-exclusive license:

        (a) under intellectual property rights (other than patent or

            trademark) Licensable by Contributor to use, reproduce,

            modify, display, perform, sublicense and distribute the

            Modifications created by such Contributor (or portions

            thereof), either on an unmodified basis, with other

            Modifications, as Covered Software and/or as part of a

            Larger Work; and

        (b) under Patent Claims infringed by the making, using, or

            selling of Modifications made by that Contributor either

            alone and/or in combination with its Contributor Version

            (or portions of such combination), to make, use, sell,

            offer for sale, have made, and/or otherwise dispose of:

            (1) Modifications made by that Contributor (or portions

            thereof); and (2) the combination of Modifications made by

            that Contributor with its Contributor Version (or portions

            of such combination).

        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are

            effective on the date Contributor first distributes or

            otherwise makes the Modifications available to a third

            party.

        (d) Notwithstanding Section 2.2(b) above, no patent license is

            granted: (1) for any code that Contributor has deleted

            from the Contributor Version; (2) for infringements caused

            by: (i) third party modifications of Contributor Version,

            or (ii) the combination of Modifications made by that

            Contributor with other software (except as part of the

            Contributor Version) or other devices; or (3) under Patent

            Claims infringed by Covered Software in the absence of

            Modifications made by that Contributor.

3. Distribution Obligations.

    3.1. Availability of Source Code.

    Any Covered Software that You distribute or otherwise make

    available in Executable form must also be made available in Source

    Code form and that Source Code form must be distributed only under

    the terms of this License.  You must include a copy of this

    License with every copy of the Source Code form of the Covered

    Software You distribute or otherwise make available.  You must

    inform recipients of any such Covered Software in Executable form

    as to how they can obtain such Covered Software in Source Code

    form in a reasonable manner on or through a medium customarily

    used for software exchange.

    3.2. Modifications.

    The Modifications that You create or to which You contribute are

    governed by the terms of this License.  You represent that You

    believe Your Modifications are Your original creation(s) and/or

    You have sufficient rights to grant the rights conveyed by this

    License.

    3.3. Required Notices.

    You must include a notice in each of Your Modifications that

    identifies You as the Contributor of the Modification.  You may

    not remove or alter any copyright, patent or trademark notices

    contained within the Covered Software, or any notices of licensing

    or any descriptive text giving attribution to any Contributor or

    the Initial Developer.

    3.4. Application of Additional Terms.

    You may not offer or impose any terms on any Covered Software in

    Source Code form that alters or restricts the applicable version

    of this License or the recipients' rights hereunder.  You may

    choose to offer, and to charge a fee for, warranty, support,

    indemnity or liability obligations to one or more recipients of

    Covered Software.  However, you may do so only on Your own behalf,

    and not on behalf of the Initial Developer or any Contributor.

    You must make it absolutely clear that any such warranty, support,

    indemnity or liability obligation is offered by You alone, and You

    hereby agree to indemnify the Initial Developer and every

    Contributor for any liability incurred by the Initial Developer or

    such Contributor as a result of warranty, support, indemnity or

    liability terms You offer.

    3.5. Distribution of Executable Versions.

    You may distribute the Executable form of the Covered Software

    under the terms of this License or under the terms of a license of

    Your choice, which may contain terms different from this License,

    provided that You are in compliance with the terms of this License

    and that the license for the Executable form does not attempt to

    limit or alter the recipient's rights in the Source Code form from

    the rights set forth in this License.  If You distribute the

    Covered Software in Executable form under a different license, You

    must make it absolutely clear that any terms which differ from

    this License are offered by You alone, not by the Initial

    Developer or Contributor.  You hereby agree to indemnify the

    Initial Developer and every Contributor for any liability incurred

    by the Initial Developer or such Contributor as a result of any

    such terms You offer.

    3.6. Larger Works.

    You may create a Larger Work by combining Covered Software with

    other code not governed by the terms of this License and

    distribute the Larger Work as a single product.  In such a case,

    You must make sure the requirements of this License are fulfilled

    for the Covered Software.

4. Versions of the License.

    4.1. New Versions.

    Sun Microsystems, Inc. is the initial license steward and may

    publish revised and/or new versions of this License from time to

    time.  Each version will be given a distinguishing version number.

    Except as provided in Section 4.3, no one other than the license

    steward has the right to modify this License.

    4.2. Effect of New Versions.

    You may always continue to use, distribute or otherwise make the

    Covered Software available under the terms of the version of the

    License under which You originally received the Covered Software.

    If the Initial Developer includes a notice in the Original

    Software prohibiting it from being distributed or otherwise made

    available under any subsequent version of the License, You must

    distribute and make the Covered Software available under the terms

    of the version of the License under which You originally received

    the Covered Software.  Otherwise, You may also choose to use,

    distribute or otherwise make the Covered Software available under

    the terms of any subsequent version of the License published by

    the license steward.

    4.3. Modified Versions.

    When You are an Initial Developer and You want to create a new

    license for Your Original Software, You may create and use a

    modified version of this License if You: (a) rename the license

    and remove any references to the name of the license steward

    (except to note that the license differs from this License); and

    (b) otherwise make it clear that the license contains terms which

    differ from this License.

5. DISCLAIMER OF WARRANTY.

    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"

    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,

    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED

    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR

    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND

    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY

    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE

    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY

    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF

    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF

    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS

    DISCLAIMER.

6. TERMINATION.

    6.1. This License and the rights granted hereunder will terminate

    automatically if You fail to comply with terms herein and fail to

    cure such breach within 30 days of becoming aware of the breach.

    Provisions which, by their nature, must remain in effect beyond

    the termination of this License shall survive.

    6.2. If You assert a patent infringement claim (excluding

    declaratory judgment actions) against Initial Developer or a

    Contributor (the Initial Developer or Contributor against whom You

    assert such claim is referred to as "Participant") alleging that

    the Participant Software (meaning the Contributor Version where

    the Participant is a Contributor or the Original Software where

    the Participant is the Initial Developer) directly or indirectly

    infringes any patent, then any and all rights granted directly or

    indirectly to You by such Participant, the Initial Developer (if

    the Initial Developer is not the Participant) and all Contributors

    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days

    notice from Participant terminate prospectively and automatically

    at the expiration of such 60 day notice period, unless if within

    such 60 day period You withdraw Your claim with respect to the

    Participant Software against such Participant either unilaterally

    or pursuant to a written agreement with Participant.

    6.3. In the event of termination under Sections 6.1 or 6.2 above,

    all end user licenses that have been validly granted by You or any

    distributor hereunder prior to termination (excluding licenses

    granted to You by any distributor) shall survive termination.

7. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT

    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE

    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF

    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE

    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR

    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT

    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK

    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER

    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN

    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF

    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL

    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT

    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO

    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR

    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT

    APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

    The Covered Software is a "commercial item," as that term is

    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial

    computer software" (as that term is defined at 48

    C.F.R. 252.227-7014(a)(1)) and "commercial computer software

    documentation" as such terms are used in 48 C.F.R. 12.212

    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48

    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all

    U.S. Government End Users acquire Covered Software with only those

    rights set forth herein.  This U.S. Government Rights clause is in

    lieu of, and supersedes, any other FAR, DFAR, or other clause or

    provision that addresses Government rights in computer software

    under this License.

9. MISCELLANEOUS.

    This License represents the complete agreement concerning subject

    matter hereof.  If any provision of this License is held to be

    unenforceable, such provision shall be reformed only to the extent

    necessary to make it enforceable.  This License shall be governed

    by the law of the jurisdiction specified in a notice contained

    within the Original Software (except to the extent applicable law,

    if any, provides otherwise), excluding such jurisdiction's

    conflict-of-law provisions.  Any litigation relating to this

    License shall be subject to the jurisdiction of the courts located

    in the jurisdiction and venue specified in a notice contained

    within the Original Software, with the losing party responsible

    for costs, including, without limitation, court costs and

    reasonable attorneys' fees and expenses.  The application of the

    United Nations Convention on Contracts for the International Sale

    of Goods is expressly excluded.  Any law or regulation which

    provides that the language of a contract shall be construed

    against the drafter shall not apply to this License.  You agree

    that You alone are responsible for compliance with the United

    States export administration regulations (and the export control

    laws and regulation of any other countries) when You use,

    distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is

    responsible for claims and damages arising, directly or

    indirectly, out of its utilization of rights under this License

    and You agree to work with Initial Developer and Contributors to

    distribute such responsibility on an equitable basis.  Nothing

    herein is intended or shall be deemed to constitute any admission

    of liability.

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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND

DISTRIBUTION LICENSE (CDDL)

For Covered Software in this distribution, this License shall

be governed by the laws of the State of California (excluding

conflict-of-law provisions).

Any litigation relating to this License shall be subject to the

jurisdiction of the Federal Courts of the Northern District of

California and the state courts of the State of California, with

venue lying in Santa Clara County, California.