[linux-block.git] / LICENSES / other / CDDL-1.0

Valid-License-Identifier: CDDL-1.0
SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
Usage-Guide:
  Do NOT use. The CDDL-1.0 is not GPL compatible. It may only be used for
  dual-licensed files where the other license is GPL compatible.
  If you end up using this it MUST be used together with a GPL2 compatible
  license using "OR".
  To use the Common Development and Distribution License 1.0 put the
  following SPDX tag/value pair into a comment according to the placement
  guidelines in the licensing rules documentation:
    SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)

License-Text:

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.0

    1. Definitions.

        1.1. "Contributor" means each individual or entity that creates or
             contributes to the creation of Modifications.

        1.2. "Contributor Version" means the combination of the Original
	     Software, prior Modifications used by a Contributor (if any),
	     and the Modifications made by that particular Contributor.

        1.3. "Covered Software" means (a) the Original Software, or (b)
             Modifications, or (c) the combination of files containing
             Original Software with files containing Modifications, in each
             case including portions thereof.

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

        1.5. "Initial Developer" means the individual or entity that first
             makes Original Software available under this License.

        1.6. "Larger Work" means a work which combines Covered Software or
             portions thereof with code not governed by the terms of this
             License.

        1.7. "License" means this document.

        1.8. "Licensable" means having the right to grant, to the maximum
             extent possible, whether at the time of the initial grant or
             subsequently acquired, any and all of the rights conveyed herein.

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

            A. Any file that results from an addition to, deletion from or
               modification of the contents of a file containing Original
               Software or previous Modifications;

            B. Any new file that contains any part of the Original Software
               or previous Modification; or

            C. Any new file that is contributed or otherwise made available
               under the terms of this License.

        1.10. "Original Software" means the Source Code and Executable form
              of computer software code that is originally released under
              this License.

        1.11. "Patent Claims" means any patent claim(s), now owned or
              hereafter acquired, including without limitation, method,
              process, and apparatus claims, in any patent Licensable by
              grantor.

        1.12. "Source Code" means (a) the common form of computer software
	      code in which modifications are made and (b) associated
              documentation included in or with such code.

        1.13. "You" (or "Your") means an individual or a legal entity
              exercising rights under, and complying with all of the terms
              of, this License. For legal entities, "You" includes any
              entity which controls, is controlled by, or is under common
              control with You. For purposes of this definition, "control"
              means (a) the power, direct or indirect, to cause the
              direction or management of such entity, whether by contract
              or otherwise, or (b) ownership of more than fifty percent
              (50%) of the outstanding shares or beneficial ownership of
              such entity.

    2. License Grants.
        2.1. The Initial Developer Grant.

        Conditioned upon Your compliance with Section 3.1 below and subject
        to third party intellectual property claims, the Initial Developer
        hereby grants You a world-wide, royalty-free, non-exclusive
        license:

            (a) under intellectual property rights (other than patent or
                trademark) Licensable by Initial Developer, to use,
                reproduce, modify, display, perform, sublicense and
                distribute the Original Software (or portions thereof),
                with or without Modifications, and/or as part of a Larger
                Work; and

            (b) under Patent Claims infringed by the making, using or
                selling of Original Software, to make, have made, use,
                practice, sell, and offer for sale, and/or otherwise
                dispose of the Original Software (or portions thereof).

            (c) The licenses granted in Sections 2.1(a) and (b) are
                effective on the date Initial Developer first distributes
                or otherwise makes the Original Software available to a
                third party under the terms of this License.

            (d) Notwithstanding Section 2.1(b) above, no patent license is
                granted: (1) for code that You delete from the Original
                Software, or (2) for infringements caused by: (i) the
                modification of the Original Software, or (ii) the
                combination of the Original Software with other software or
                devices.

        2.2. Contributor Grant.

        Conditioned upon Your compliance with Section 3.1 below and subject
        to third party intellectual property claims, each Contributor
        hereby grants You a world-wide, royalty-free, non-exclusive
        license:

            (a) under intellectual property rights (other than patent or
	        trademark) Licensable by Contributor to use, reproduce,
	        modify, display, perform, sublicense and distribute the
	        Modifications created by such Contributor (or portions
	        thereof), either on an unmodified basis, with other
	        Modifications, as Covered Software and/or as part of a
	        Larger Work; and

            (b) under Patent Claims infringed by the making, using, or
                selling of Modifications made by that Contributor either
                alone and/or in combination with its Contributor Version
                (or portions of such combination), to make, use, sell,
                offer for sale, have made, and/or otherwise dispose of: (1)
                Modifications made by that Contributor (or portions
                thereof); and (2) the combination of Modifications made by
                that Contributor with its Contributor Version (or portions
                of such combination).

            (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
                effective on the date Contributor first distributes or
                otherwise makes the Modifications available to a third
                party.

            (d) Notwithstanding Section 2.2(b) above, no patent license is
                granted: (1) for any code that Contributor has deleted from
                the Contributor Version; (2) for infringements caused by:
                (i) third party modifications of Contributor Version, or
                (ii) the combination of Modifications made by that
                Contributor with other software (except as part of the
                Contributor Version) or other devices; or (3) under Patent
                Claims infringed by Covered Software in the absence of
                Modifications made by that Contributor.

    3. Distribution Obligations.
        3.1. Availability of Source Code.

        Any Covered Software that You distribute or otherwise make
        available in Executable form must also be made available in Source
        Code form and that Source Code form must be distributed only under
        the terms of this License. You must include a copy of this License
        with every copy of the Source Code form of the Covered Software You
        distribute or otherwise make available. You must inform recipients
        of any such Covered Software in Executable form as to how they can
        obtain such Covered Software in Source Code form in a reasonable
        manner on or through a medium customarily used for software
        exchange.

        3.2. Modifications.

        The Modifications that You create or to which You contribute are
        governed by the terms of this License. You represent that You
        believe Your Modifications are Your original creation(s) and/or You
        have sufficient rights to grant the rights conveyed by this
        License.

        3.3. Required Notices.

        You must include a notice in each of Your Modifications that
        identifies You as the Contributor of the Modification. You may not
        remove or alter any copyright, patent or trademark notices
        contained within the Covered Software, or any notices of licensing
        or any descriptive text giving attribution to any Contributor or
        the Initial Developer.

        3.4. Application of Additional Terms.

        You may not offer or impose any terms on any Covered Software in
        Source Code form that alters or restricts the applicable version of
        this License or the recipients' rights hereunder. You may choose to
        offer, and to charge a fee for, warranty, support, indemnity or
        liability obligations to one or more recipients of Covered
        Software. However, you may do so only on Your own behalf, and not
        on behalf of the Initial Developer or any Contributor. You must
        make it absolutely clear that any such warranty, support, indemnity
        or liability obligation is offered by You alone, and You hereby
        agree to indemnify the Initial Developer and every Contributor for
        any liability incurred by the Initial Developer or such Contributor
        as a result of warranty, support, indemnity or liability terms You
        offer.

        3.5. Distribution of Executable Versions.

        You may distribute the Executable form of the Covered Software
        under the terms of this License or under the terms of a license of
        Your choice, which may contain terms different from this License,
        provided that You are in compliance with the terms of this License
        and that the license for the Executable form does not attempt to
        limit or alter the recipient's rights in the Source Code form from
        the rights set forth in this License. If You distribute the Covered
        Software in Executable form under a different license, You must
        make it absolutely clear that any terms which differ from this
        License are offered by You alone, not by the Initial Developer or
        Contributor. You hereby agree to indemnify the Initial Developer
        and every Contributor for any liability incurred by the Initial
        Developer or such Contributor as a result of any such terms You
        offer.

        3.6. Larger Works.

        You may create a Larger Work by combining Covered Software with
        other code not governed by the terms of this License and distribute
        the Larger Work as a single product. In such a case, You must make
        sure the requirements of this License are fulfilled for the Covered
        Software.

    4. Versions of the License.
        4.1. New Versions.

        Sun Microsystems, Inc. is the initial license steward and may
        publish revised and/or new versions of this License from time to
        time. Each version will be given a distinguishing version
        number. Except as provided in Section 4.3, no one other than the
        license steward has the right to modify this License.

        4.2. Effect of New Versions.

        You may always continue to use, distribute or otherwise make the
        Covered Software available under the terms of the version of the
        License under which You originally received the Covered
        Software. If the Initial Developer includes a notice in the
        Original Software prohibiting it from being distributed or
        otherwise made available under any subsequent version of the
        License, You must distribute and make the Covered Software
        available under the terms of the version of the License under which
        You originally received the Covered Software. Otherwise, You may
        also choose to use, distribute or otherwise make the Covered
        Software available under the terms of any subsequent version of the
        License published by the license steward.

        4.3. Modified Versions.

        When You are an Initial Developer and You want to create a new
        license for Your Original Software, You may create and use a
        modified version of this License if You: (a) rename the license and
        remove any references to the name of the license steward (except to
        note that the license differs from this License); and (b) otherwise
        make it clear that the license contains terms which differ from
        this License.

    5. DISCLAIMER OF WARRANTY.

    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
    WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
    WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
    DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
    NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
    THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
    DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
    CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
    CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
    OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
    EXCEPT UNDER THIS DISCLAIMER.

    6. TERMINATION.

        6.1. This License and the rights granted hereunder will terminate
        automatically if You fail to comply with terms herein and fail to
        cure such breach within 30 days of becoming aware of the
        breach. Provisions which, by their nature, must remain in effect
        beyond the termination of this License shall survive.

        6.2. If You assert a patent infringement claim (excluding
        declaratory judgment actions) against Initial Developer or a
        Contributor (the Initial Developer or Contributor against whom You
        assert such claim is referred to as "Participant") alleging that
        the Participant Software (meaning the Contributor Version where the
        Participant is a Contributor or the Original Software where the
        Participant is the Initial Developer) directly or indirectly
        infringes any patent, then any and all rights granted directly or
        indirectly to You by such Participant, the Initial Developer (if
        the Initial Developer is not the Participant) and all Contributors
        under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
        notice from Participant terminate prospectively and automatically
        at the expiration of such 60 day notice period, unless if within
        such 60 day period You withdraw Your claim with respect to the
        Participant Software against such Participant either unilaterally
        or pursuant to a written agreement with Participant.

        6.3. In the event of termination under Sections 6.1 or 6.2 above,
        all end user licenses that have been validly granted by You or any
        distributor hereunder prior to termination (excluding licenses
        granted to You by any distributor) shall survive termination.

    7. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
    DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
    SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
    PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
    OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
    PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
    MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
    SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
    DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
    DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
    EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
    DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.

    8. U.S. GOVERNMENT END USERS.

    The Covered Software is a "commercial item," as that term is defined in
    48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
    software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
    and "commercial computer software documentation" as such terms are used
    in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
    48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    U.S. Government End Users acquire Covered Software with only those
    rights set forth herein. This U.S. Government Rights clause is in lieu
    of, and supersedes, any other FAR, DFAR, or other clause or provision
    that addresses Government rights in computer software under this
    License.

    9. MISCELLANEOUS.

    This License represents the complete agreement concerning subject
    matter hereof. If any provision of this License is held to be
    unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable. This License shall be governed by the
    law of the jurisdiction specified in a notice contained within the
    Original Software (except to the extent applicable law, if any,
    provides otherwise), excluding such jurisdiction's conflict-of-law
    provisions. Any litigation relating to this License shall be subject to
    the jurisdiction of the courts located in the jurisdiction and venue
    specified in a notice contained within the Original Software, with the
    losing party responsible for costs, including, without limitation,
    court costs and reasonable attorneys' fees and expenses. The
    application of the United Nations Convention on Contracts for the
    International Sale of Goods is expressly excluded. Any law or
    regulation which provides that the language of a contract shall be
    construed against the drafter shall not apply to this License. You
    agree that You alone are responsible for compliance with the United
    States export administration regulations (and the export control laws
    and regulation of any other countries) when You use, distribute or
    otherwise make available any Covered Software.

    10. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is
    responsible for claims and damages arising, directly or indirectly, out
    of its utilization of rights under this License and You agree to work
    with Initial Developer and Contributors to distribute such
    responsibility on an equitable basis. Nothing herein is intended or
    shall be deemed to constitute any admission of liability.
Commit	Line	Data
f1137e96 TG	1	Valid-License-Identifier: CDDL-1.0
	2	SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
	3	Usage-Guide:
8639a0c7 HG	4	Do NOT use. The CDDL-1.0 is not GPL compatible. It may only be used for
	5	dual-licensed files where the other license is GPL compatible.
	6	If you end up using this it MUST be used together with a GPL2 compatible
	7	license using "OR".
f1137e96 TG	8	To use the Common Development and Distribution License 1.0 put the
	9	following SPDX tag/value pair into a comment according to the placement
	10	guidelines in the licensing rules documentation:
8639a0c7	11	SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
f1137e96 TG	12
	13	License-Text:
	14
	15	COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
	16	Version 1.0
	17
	18	1. Definitions.
	19
	20	1.1. "Contributor" means each individual or entity that creates or
	21	contributes to the creation of Modifications.
	22
	23	1.2. "Contributor Version" means the combination of the Original
	24	Software, prior Modifications used by a Contributor (if any),
	25	and the Modifications made by that particular Contributor.
	26
	27	1.3. "Covered Software" means (a) the Original Software, or (b)
	28	Modifications, or (c) the combination of files containing
	29	Original Software with files containing Modifications, in each
	30	case including portions thereof.
	31
	32	1.4. "Executable" means the Covered Software in any form other than
	33	Source Code.
	34
	35	1.5. "Initial Developer" means the individual or entity that first
	36	makes Original Software available under this License.
	37
	38	1.6. "Larger Work" means a work which combines Covered Software or
	39	portions thereof with code not governed by the terms of this
	40	License.
	41
	42	1.7. "License" means this document.
	43
	44	1.8. "Licensable" means having the right to grant, to the maximum
	45	extent possible, whether at the time of the initial grant or
	46	subsequently acquired, any and all of the rights conveyed herein.
	47
	48	1.9. "Modifications" means the Source Code and Executable form of
	49	any of the following:
	50
	51	A. Any file that results from an addition to, deletion from or
	52	modification of the contents of a file containing Original
	53	Software or previous Modifications;
	54
	55	B. Any new file that contains any part of the Original Software
	56	or previous Modification; or
	57
	58	C. Any new file that is contributed or otherwise made available
	59	under the terms of this License.
	60
	61	1.10. "Original Software" means the Source Code and Executable form
	62	of computer software code that is originally released under
	63	this License.
	64
	65	1.11. "Patent Claims" means any patent claim(s), now owned or
	66	hereafter acquired, including without limitation, method,
	67	process, and apparatus claims, in any patent Licensable by
	68	grantor.
	69
	70	1.12. "Source Code" means (a) the common form of computer software
	71	code in which modifications are made and (b) associated
	72	documentation included in or with such code.
	73
	74	1.13. "You" (or "Your") means an individual or a legal entity
	75	exercising rights under, and complying with all of the terms
76	of, this License. For legal entities, "You" includes any
77	entity which controls, is controlled by, or is under common
78	control with You. For purposes of this definition, "control"
79	means (a) the power, direct or indirect, to cause the
80	direction or management of such entity, whether by contract
81	or otherwise, or (b) ownership of more than fifty percent
82	(50%) of the outstanding shares or beneficial ownership of
83	such entity.
84
85	2. License Grants.
86	2.1. The Initial Developer Grant.
87
88	Conditioned upon Your compliance with Section 3.1 below and subject
89	to third party intellectual property claims, the Initial Developer
90	hereby grants You a world-wide, royalty-free, non-exclusive
91	license:
92
93	(a) under intellectual property rights (other than patent or
94	trademark) Licensable by Initial Developer, to use,
95	reproduce, modify, display, perform, sublicense and
96	distribute the Original Software (or portions thereof),
97	with or without Modifications, and/or as part of a Larger
98	Work; and
99
100	(b) under Patent Claims infringed by the making, using or
101	selling of Original Software, to make, have made, use,
102	practice, sell, and offer for sale, and/or otherwise
103	dispose of the Original Software (or portions thereof).
104
105	(c) The licenses granted in Sections 2.1(a) and (b) are
106	effective on the date Initial Developer first distributes
107	or otherwise makes the Original Software available to a
108	third party under the terms of this License.
109
110	(d) Notwithstanding Section 2.1(b) above, no patent license is
111	granted: (1) for code that You delete from the Original
112	Software, or (2) for infringements caused by: (i) the
113	modification of the Original Software, or (ii) the
114	combination of the Original Software with other software or
115	devices.
116
117	2.2. Contributor Grant.
118
119	Conditioned upon Your compliance with Section 3.1 below and subject
120	to third party intellectual property claims, each Contributor
121	hereby grants You a world-wide, royalty-free, non-exclusive
122	license:
123
124	(a) under intellectual property rights (other than patent or
125	trademark) Licensable by Contributor to use, reproduce,
126	modify, display, perform, sublicense and distribute the
127	Modifications created by such Contributor (or portions
128	thereof), either on an unmodified basis, with other
129	Modifications, as Covered Software and/or as part of a
130	Larger Work; and
131
132	(b) under Patent Claims infringed by the making, using, or
133	selling of Modifications made by that Contributor either
134	alone and/or in combination with its Contributor Version
135	(or portions of such combination), to make, use, sell,
136	offer for sale, have made, and/or otherwise dispose of: (1)
137	Modifications made by that Contributor (or portions
138	thereof); and (2) the combination of Modifications made by
139	that Contributor with its Contributor Version (or portions
140	of such combination).
141
142	(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
143	effective on the date Contributor first distributes or
144	otherwise makes the Modifications available to a third
145	party.
146
147	(d) Notwithstanding Section 2.2(b) above, no patent license is
148	granted: (1) for any code that Contributor has deleted from
149	the Contributor Version; (2) for infringements caused by:
150	(i) third party modifications of Contributor Version, or
151	(ii) the combination of Modifications made by that
152	Contributor with other software (except as part of the
153	Contributor Version) or other devices; or (3) under Patent
154	Claims infringed by Covered Software in the absence of
155	Modifications made by that Contributor.
156
157	3. Distribution Obligations.
158	3.1. Availability of Source Code.
159
160	Any Covered Software that You distribute or otherwise make
161	available in Executable form must also be made available in Source
162	Code form and that Source Code form must be distributed only under
163	the terms of this License. You must include a copy of this License
164	with every copy of the Source Code form of the Covered Software You
165	distribute or otherwise make available. You must inform recipients
166	of any such Covered Software in Executable form as to how they can
167	obtain such Covered Software in Source Code form in a reasonable
168	manner on or through a medium customarily used for software
169	exchange.
170
171	3.2. Modifications.
172
173	The Modifications that You create or to which You contribute are
174	governed by the terms of this License. You represent that You
175	believe Your Modifications are Your original creation(s) and/or You
176	have sufficient rights to grant the rights conveyed by this
177	License.
178
179	3.3. Required Notices.
180
181	You must include a notice in each of Your Modifications that
182	identifies You as the Contributor of the Modification. You may not
183	remove or alter any copyright, patent or trademark notices
184	contained within the Covered Software, or any notices of licensing
185	or any descriptive text giving attribution to any Contributor or
186	the Initial Developer.
187
188	3.4. Application of Additional Terms.
189
190	You may not offer or impose any terms on any Covered Software in
191	Source Code form that alters or restricts the applicable version of
192	this License or the recipients' rights hereunder. You may choose to
193	offer, and to charge a fee for, warranty, support, indemnity or
194	liability obligations to one or more recipients of Covered
195	Software. However, you may do so only on Your own behalf, and not
196	on behalf of the Initial Developer or any Contributor. You must
197	make it absolutely clear that any such warranty, support, indemnity
198	or liability obligation is offered by You alone, and You hereby
199	agree to indemnify the Initial Developer and every Contributor for
200	any liability incurred by the Initial Developer or such Contributor
201	as a result of warranty, support, indemnity or liability terms You
202	offer.
203
204	3.5. Distribution of Executable Versions.
205
206	You may distribute the Executable form of the Covered Software
207	under the terms of this License or under the terms of a license of
208	Your choice, which may contain terms different from this License,
209	provided that You are in compliance with the terms of this License
210	and that the license for the Executable form does not attempt to
211	limit or alter the recipient's rights in the Source Code form from
212	the rights set forth in this License. If You distribute the Covered
213	Software in Executable form under a different license, You must
214	make it absolutely clear that any terms which differ from this
215	License are offered by You alone, not by the Initial Developer or
216	Contributor. You hereby agree to indemnify the Initial Developer
217	and every Contributor for any liability incurred by the Initial
218	Developer or such Contributor as a result of any such terms You
219	offer.
220
221	3.6. Larger Works.
222
223	You may create a Larger Work by combining Covered Software with
224	other code not governed by the terms of this License and distribute
225	the Larger Work as a single product. In such a case, You must make
226	sure the requirements of this License are fulfilled for the Covered
227	Software.
228
229	4. Versions of the License.
230	4.1. New Versions.
231
232	Sun Microsystems, Inc. is the initial license steward and may
233	publish revised and/or new versions of this License from time to
234	time. Each version will be given a distinguishing version
235	number. Except as provided in Section 4.3, no one other than the
236	license steward has the right to modify this License.
237
238	4.2. Effect of New Versions.
239
240	You may always continue to use, distribute or otherwise make the
241	Covered Software available under the terms of the version of the
242	License under which You originally received the Covered
243	Software. If the Initial Developer includes a notice in the
244	Original Software prohibiting it from being distributed or
245	otherwise made available under any subsequent version of the
246	License, You must distribute and make the Covered Software
247	available under the terms of the version of the License under which
248	You originally received the Covered Software. Otherwise, You may
249	also choose to use, distribute or otherwise make the Covered
250	Software available under the terms of any subsequent version of the
251	License published by the license steward.
252
253	4.3. Modified Versions.
254
255	When You are an Initial Developer and You want to create a new
256	license for Your Original Software, You may create and use a
257	modified version of this License if You: (a) rename the license and
258	remove any references to the name of the license steward (except to
259	note that the license differs from this License); and (b) otherwise
260	make it clear that the license contains terms which differ from
261	this License.
262
263	5. DISCLAIMER OF WARRANTY.
264
265	COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
266	WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
267	WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
268	DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
269	NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
270	THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
271	DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
272	CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
273	CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
274	OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
275	EXCEPT UNDER THIS DISCLAIMER.
276
277	6. TERMINATION.
278
279	6.1. This License and the rights granted hereunder will terminate
280	automatically if You fail to comply with terms herein and fail to
281	cure such breach within 30 days of becoming aware of the
282	breach. Provisions which, by their nature, must remain in effect
283	beyond the termination of this License shall survive.
284
285	6.2. If You assert a patent infringement claim (excluding
286	declaratory judgment actions) against Initial Developer or a
287	Contributor (the Initial Developer or Contributor against whom You
288	assert such claim is referred to as "Participant") alleging that
289	the Participant Software (meaning the Contributor Version where the
290	Participant is a Contributor or the Original Software where the
291	Participant is the Initial Developer) directly or indirectly
292	infringes any patent, then any and all rights granted directly or
293	indirectly to You by such Participant, the Initial Developer (if
294	the Initial Developer is not the Participant) and all Contributors
295	under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
296	notice from Participant terminate prospectively and automatically
297	at the expiration of such 60 day notice period, unless if within
298	such 60 day period You withdraw Your claim with respect to the
299	Participant Software against such Participant either unilaterally
300	or pursuant to a written agreement with Participant.
301
302	6.3. In the event of termination under Sections 6.1 or 6.2 above,
303	all end user licenses that have been validly granted by You or any
304	distributor hereunder prior to termination (excluding licenses
305	granted to You by any distributor) shall survive termination.
306
307	7. LIMITATION OF LIABILITY.
308
309	UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
310	(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
311	DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
312	SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
313	PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
314	OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
315	PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
316	MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
317	SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
318	DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
319	DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
320	EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
321	NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
322	DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
323
324	8. U.S. GOVERNMENT END USERS.
325
326	The Covered Software is a "commercial item," as that term is defined in
327	48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
328	software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
329	and "commercial computer software documentation" as such terms are used
330	in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
331	48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
332	U.S. Government End Users acquire Covered Software with only those
333	rights set forth herein. This U.S. Government Rights clause is in lieu
334	of, and supersedes, any other FAR, DFAR, or other clause or provision
335	that addresses Government rights in computer software under this
336	License.
337
338	9. MISCELLANEOUS.
339
340	This License represents the complete agreement concerning subject
341	matter hereof. If any provision of this License is held to be
342	unenforceable, such provision shall be reformed only to the extent
343	necessary to make it enforceable. This License shall be governed by the
344	law of the jurisdiction specified in a notice contained within the
345	Original Software (except to the extent applicable law, if any,
346	provides otherwise), excluding such jurisdiction's conflict-of-law
347	provisions. Any litigation relating to this License shall be subject to
348	the jurisdiction of the courts located in the jurisdiction and venue
349	specified in a notice contained within the Original Software, with the
350	losing party responsible for costs, including, without limitation,
351	court costs and reasonable attorneys' fees and expenses. The
352	application of the United Nations Convention on Contracts for the
353	International Sale of Goods is expressly excluded. Any law or
354	regulation which provides that the language of a contract shall be
355	construed against the drafter shall not apply to this License. You
356	agree that You alone are responsible for compliance with the United
357	States export administration regulations (and the export control laws
358	and regulation of any other countries) when You use, distribute or
359	otherwise make available any Covered Software.
360
361	10. RESPONSIBILITY FOR CLAIMS.
362
363	As between Initial Developer and the Contributors, each party is
364	responsible for claims and damages arising, directly or indirectly, out
365	of its utilization of rights under this License and You agree to work
366	with Initial Developer and Contributors to distribute such
367	responsibility on an equitable basis. Nothing herein is intended or
368	shall be deemed to constitute any admission of liability.