Modified by Atlassian

Copyright (c) 2010-2011 Oracle and/or its affiliates. All rights reserved.

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1

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.

      Oracle 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. If You assert a patent infringement claim against Participant
      alleging that the Participant Software directly or indirectly
      infringes any patent where such claim is resolved (such as by license
      or settlement) prior to the initiation of patent infringement
      litigation, then the reasonable value of the licenses granted by such
      Participant under Sections 2.1 or 2.2 shall be taken into account in
      determining the amount or value of any payment or license.

      6.4. 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 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.



------------------------------------------------------------------------

NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)

The code released under the CDDL 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.