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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
     recipients 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 PARTYS 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
   jurisdictions 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.
