+
+ |
+ 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 |
+
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+ |
+ limitation, court costs and reasonable attorneys' fees and expenses. |
+
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+ |
+ The application of the United Nations Convention on Contracts for |
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+ the International Sale of Goods is expressly excluded. Any law or |
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+ |
+ regulation which provides that the language of a contract shall be |
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+ construed against the drafter shall not apply to this License. You |
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+ agree that You alone are responsible for compliance with the United |
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+ States export administration regulations (and the export control |
+
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+ laws and regulation of any other countries) when You use, distribute |
+
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+ or otherwise make available any Covered Software. |
+
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+ |
+
+ |
+
+
+ |
+ 10. RESPONSIBILITY FOR CLAIMS. |
+
+
+ |
+
+ |
+
+
+ |
+ As between Initial Developer and the Contributors, each party is |
+
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+ |
+ responsible for claims and damages arising, directly or indirectly, |
+
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+ out of its utilization of rights under this License and You agree to |
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+ |
+ work with Initial Developer and Contributors to distribute such |
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+ responsibility on an equitable basis. Nothing herein is intended or |
+
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+ |
+ 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 |
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+ State of California (excluding conflict-of-law provisions). Any |
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+ |
+ litigation relating to this License shall be subject to the jurisdiction |
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+ of the Federal Courts of the Northern District of California and the |
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+ state courts of the State of California, with venue lying in Santa Clara |
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+ County, California. |
+
+
+ |
+
+ |
+
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+ |
+
+ |
+
+
+ |
+
+ |
+
+
+ |
+ The GNU General Public License (GPL) Version 2, June 1991 |
+
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+ |
+
+ |
+
+
+ |
+ Copyright (C) 1989, 1991 Free Software Foundation, Inc. |
+
+
+ |
+ 51 Franklin Street, Fifth Floor |
+
+
+ |
+ Boston, MA 02110-1335 |
+
+
+ |
+ USA |
+
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+ |
+
+ |
+
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+ Everyone is permitted to copy and distribute verbatim copies |
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+ of this license document, but changing it is not allowed. |
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+
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+ Preamble |
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+
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+
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+ The licenses for most software are designed to take away your freedom to |
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+ share and change it. By contrast, the GNU General Public License is |
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+ intended to guarantee your freedom to share and change free software--to |
+
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+ make sure the software is free for all its users. This General Public |
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+ License applies to most of the Free Software Foundation's software and |
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+ to any other program whose authors commit to using it. (Some other Free |
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+ Software Foundation software is covered by the GNU Library General |
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+ Public License instead.) You can apply it to your programs, too. |
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+ When we speak of free software, we are referring to freedom, not price. |
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+ Our General Public Licenses are designed to make sure that you have the |
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+ freedom to distribute copies of free software (and charge for this |
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+ service if you wish), that you receive source code or can get it if you |
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+ want it, that you can change the software or use pieces of it in new |
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+ free programs; and that you know you can do these things. |
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+ To protect your rights, we need to make restrictions that forbid anyone |
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+ to deny you these rights or to ask you to surrender the rights. These |
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+ restrictions translate to certain responsibilities for you if you |
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+ distribute copies of the software, or if you modify it. |
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+ For example, if you distribute copies of such a program, whether gratis |
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+ or for a fee, you must give the recipients all the rights that you have. |
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+ You must make sure that they, too, receive or can get the source code. |
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+ We protect your rights with two steps: (1) copyright the software, and |
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+ that everyone understands that there is no warranty for this free |
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+ that any problems introduced by others will not reflect on the original |
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+ authors' reputations. |
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+ Finally, any free program is threatened constantly by software patents. |
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+ individually obtain patent licenses, in effect making the program |
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+ The precise terms and conditions for copying, distribution and |
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+ modification follow. |
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+ TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION |
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+ 0. This License applies to any program or other work which contains a |
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+ notice placed by the copyright holder saying it may be distributed under |
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+ the terms of this General Public License. The "Program", below, refers |
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+ to any such program or work, and a "work based on the Program" means |
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+ either the Program or any derivative work under copyright law: that is |
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+ to say, a work containing the Program or a portion of it, either |
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+ verbatim or with modifications and/or translated into another language. |
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+ (Hereinafter, translation is included without limitation in the term |
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+ "modification".) Each licensee is addressed as "you". |
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+ Activities other than copying, distribution and modification are not |
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+ covered by this License; they are outside its scope. The act of running |
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+ the Program is not restricted, and the output from the Program is |
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+ covered only if its contents constitute a work based on the Program |
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+ (independent of having been made by running the Program). Whether that |
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+ is true depends on what the Program does. |
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+ 1. You may copy and distribute verbatim copies of the Program's source |
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+ code as you receive it, in any medium, provided that you conspicuously |
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+ and appropriately publish on each copy an appropriate copyright notice |
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+ and disclaimer of warranty; keep intact all the notices that refer to |
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+ this License and to the absence of any warranty; and give any other |
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+ recipients of the Program a copy of this License along with the Program. |
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+ You may charge a fee for the physical act of transferring a copy, and |
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+ you may at your option offer warranty protection in exchange for a fee. |
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+ 2. You may modify your copy or copies of the Program or any portion of |
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+ it, thus forming a work based on the Program, and copy and distribute |
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+ such modifications or work under the terms of Section 1 above, provided |
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+ that you also meet all of these conditions: |
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+ a) You must cause the modified files to carry prominent notices |
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+ stating that you changed the files and the date of any change. |
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+ b) You must cause any work that you distribute or publish, that in |
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+ whole or in part contains or is derived from the Program or any part |
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+ thereof, to be licensed as a whole at no charge to all third parties |
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+ under the terms of this License. |
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+ c) If the modified program normally reads commands interactively |
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+ when run, you must cause it, when started running for such |
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+ interactive use in the most ordinary way, to print or display an |
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+ announcement including an appropriate copyright notice and a notice |
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+ that there is no warranty (or else, saying that you provide a |
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+ warranty) and that users may redistribute the program under these |
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+ conditions, and telling the user how to view a copy of this License. |
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+ (Exception: if the Program itself is interactive but does not |
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+ normally print such an announcement, your work based on the Program |
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+ is not required to print an announcement.) |
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+
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+ These requirements apply to the modified work as a whole. If |
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+ identifiable sections of that work are not derived from the Program, and |
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+ can be reasonably considered independent and separate works in |
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+ themselves, then this License, and its terms, do not apply to those |
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+ sections when you distribute them as separate works. But when you |
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+ distribute the same sections as part of a whole which is a work based on |
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+ the Program, the distribution of the whole must be on the terms of this |
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+ License, whose permissions for other licensees extend to the entire |
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+ whole, and thus to each and every part regardless of who wrote it. |
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+ Thus, it is not the intent of this section to claim rights or contest |
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+ your rights to work written entirely by you; rather, the intent is to |
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+ exercise the right to control the distribution of derivative or |
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+ collective works based on the Program. |
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+ In addition, mere aggregation of another work not based on the Program |
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+ with the Program (or with a work based on the Program) on a volume of a |
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+ storage or distribution medium does not bring the other work under the |
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+ scope of this License. |
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+
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+
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+ 3. You may copy and distribute the Program (or a work based on it, |
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+ under Section 2) in object code or executable form under the terms of |
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+ Sections 1 and 2 above provided that you also do one of the following: |
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+ a) Accompany it with the complete corresponding machine-readable |
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+ source code, which must be distributed under the terms of Sections 1 |
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+ and 2 above on a medium customarily used for software interchange; or, |
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+
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+ b) Accompany it with a written offer, valid for at least three |
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+ years, to give any third party, for a charge no more than your cost |
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+ of physically performing source distribution, a complete |
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+ machine-readable copy of the corresponding source code, to be |
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+ distributed under the terms of Sections 1 and 2 above on a medium |
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+ customarily used for software interchange; or, |
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+ c) Accompany it with the information you received as to the offer to |
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+ distribute corresponding source code. (This alternative is allowed |
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+ only for noncommercial distribution and only if you received the |
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+ program in object code or executable form with such an offer, in |
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+ accord with Subsection b above.) |
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+
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+
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+ The source code for a work means the preferred form of the work for |
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+ making modifications to it. For an executable work, complete source code |
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+ means all the source code for all modules it contains, plus any |
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+ associated interface definition files, plus the scripts used to control |
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+ compilation and installation of the executable. However, as a special |
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+ exception, the source code distributed need not include anything that is |
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+ normally distributed (in either source or binary form) with the major |
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+ components (compiler, kernel, and so on) of the operating system on |
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+ which the executable runs, unless that component itself accompanies the |
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+ executable. |
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+
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+ If distribution of executable or object code is made by offering access |
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+ to copy from a designated place, then offering equivalent access to copy |
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+ the source code from the same place counts as distribution of the source |
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+ code, even though third parties are not compelled to copy the source |
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+ along with the object code. |
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+ 4. You may not copy, modify, sublicense, or distribute the Program |
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+ except as expressly provided under this License. Any attempt otherwise |
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+ to copy, modify, sublicense or distribute the Program is void, and will |
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+ automatically terminate your rights under this License. However, parties |
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+ who have received copies, or rights, from you under this License will |
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+ not have their licenses terminated so long as such parties remain in |
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+ full compliance. |
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+
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+ 5. You are not required to accept this License, since you have not |
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+ signed it. However, nothing else grants you permission to modify or |
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+ distribute the Program or its derivative works. These actions are |
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+ prohibited by law if you do not accept this License. Therefore, by |
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+ modifying or distributing the Program (or any work based on the |
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+ Program), you indicate your acceptance of this License to do so, and all |
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+ its terms and conditions for copying, distributing or modifying the |
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+ Program or works based on it. |
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+
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+
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+ 6. Each time you redistribute the Program (or any work based on the |
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+ Program), the recipient automatically receives a license from the |
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+ original licensor to copy, distribute or modify the Program subject to |
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+ these terms and conditions. You may not impose any further restrictions |
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+ on the recipients' exercise of the rights granted herein. You are not |
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+ responsible for enforcing compliance by third parties to this License. |
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+
+ |
+
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+ 7. If, as a consequence of a court judgment or allegation of patent |
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+ infringement or for any other reason (not limited to patent issues), |
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+ conditions are imposed on you (whether by court order, agreement or |
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+ otherwise) that contradict the conditions of this License, they do not |
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+ excuse you from the conditions of this License. If you cannot distribute |
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+ so as to satisfy simultaneously your obligations under this License and |
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+ any other pertinent obligations, then as a consequence you may not |
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+ distribute the Program at all. For example, if a patent license would |
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+ not permit royalty-free redistribution of the Program by all those who |
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+ |
+ receive copies directly or indirectly through you, then the only way you |
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+ could satisfy both it and this License would be to refrain entirely from |
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+ distribution of the Program. |
+
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+ |
+
+ |
+
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+ |
+ If any portion of this section is held invalid or unenforceable under |
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+ any particular circumstance, the balance of the section is intended to |
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+ apply and the section as a whole is intended to apply in other |
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+ |
+ circumstances. |
+
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+ |
+
+ |
+
+
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+ It is not the purpose of this section to induce you to infringe any |
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+ patents or other property right claims or to contest validity of any |
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+ such claims; this section has the sole purpose of protecting the |
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+ integrity of the free software distribution system, which is implemented |
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+ by public license practices. Many people have made generous |
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+ contributions to the wide range of software distributed through that |
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+ system in reliance on consistent application of that system; it is up to |
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+ the author/donor to decide if he or she is willing to distribute |
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+ software through any other system and a licensee cannot impose that choice. |
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+ |
+
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+
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+ This section is intended to make thoroughly clear what is believed to be |
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+ a consequence of the rest of this License. |
+
+
+ |
+
+ |
+
+
+ |
+ 8. If the distribution and/or use of the Program is restricted in |
+
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+ |
+ certain countries either by patents or by copyrighted interfaces, the |
+
+
+ |
+ original copyright holder who places the Program under this License may |
+
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+ |
+ add an explicit geographical distribution limitation excluding those |
+
+
+ |
+ countries, so that distribution is permitted only in or among countries |
+
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+ |
+ not thus excluded. In such case, this License incorporates the |
+
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+ |
+ limitation as if written in the body of this License. |
+
+
+ |
+
+ |
+
+
+ |
+ 9. The Free Software Foundation may publish revised and/or new |
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+ versions of the General Public License from time to time. Such new |
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+ versions will be similar in spirit to the present version, but may |
+
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+ |
+ differ in detail to address new problems or concerns. |
+
+
+ |
+
+ |
+
+
+ |
+ Each version is given a distinguishing version number. If the Program |
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+ specifies a version number of this License which applies to it and "any |
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+ |
+ later version", you have the option of following the terms and |
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+ |
+ conditions either of that version or of any later version published by |
+
+
+ |
+ the Free Software Foundation. If the Program does not specify a version |
+
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+ |
+ number of this License, you may choose any version ever published by the |
+
+
+ |
+ Free Software Foundation. |
+
+
+ |
+
+ |
+
+
+ |
+ 10. If you wish to incorporate parts of the Program into other free |
+
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+ |
+ programs whose distribution conditions are different, write to the |
+
+
+ |
+ author to ask for permission. For software which is copyrighted by the |
+
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+ |
+ Free Software Foundation, write to the Free Software Foundation; we |
+
+
+ |
+ sometimes make exceptions for this. Our decision will be guided by the |
+
+
+ |
+ two goals of preserving the free status of all derivatives of our free |
+
+
+ |
+ software and of promoting the sharing and reuse of software generally. |
+
+
+ |
+
+ |
+
+
+ |
+ NO WARRANTY |
+
+
+ |
+
+ |
+
+
+ |
+ 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO |
+
+
+ |
+ WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. |
+
+
+ |
+ EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR |
+
+
+ |
+ OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, |
+
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+ |
+ EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
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+ WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE |
+
+
+ |
+ ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH |
+
+
+ |
+ YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL |
+
+
+ |
+ NECESSARY SERVICING, REPAIR OR CORRECTION. |
+
+
+ |
+
+ |
+
+
+ |
+ 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN |
+
+
+ |
+ WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY |
+
+
+ |
+ AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR |
+
+
+ |
+ DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL |
+
+
+ |
+ DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM |
+
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+ |
+ (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED |
+
+
+ |
+ INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF |
+
+
+ |
+ THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR |
+
+
+ |
+ OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
+
+
+ |
+
+ |
+
+
+ |
+ END OF TERMS AND CONDITIONS |
+
+
+ |
+
+ |
+
+
+ |
+ How to Apply These Terms to Your New Programs |
+
+
+ |
+
+ |
+
+
+ |
+ If you develop a new program, and you want it to be of the greatest |
+
+
+ |
+ possible use to the public, the best way to achieve this is to make it |
+
+
+ |
+ free software which everyone can redistribute and change under these terms. |
+
+
+ |
+
+ |
+
+
+ |
+ To do so, attach the following notices to the program. It is safest to |
+
+
+ |
+ attach them to the start of each source file to most effectively convey |
+
+
+ |
+ the exclusion of warranty; and each file should have at least the |
+
+
+ |
+ "copyright" line and a pointer to where the full notice is found. |
+
+
+ |
+
+ |
+
+
+ |
+ One line to give the program's name and a brief idea of what it does. |
+
+
+ |
+ Copyright (C) <year> <name of author> |
+
+
+ |
+
+ |
+
+
+ |
+ This program is free software; you can redistribute it and/or modify |
+
+
+ |
+ it under the terms of the GNU General Public License as published by |
+
+
+ |
+ the Free Software Foundation; either version 2 of the License, or |
+
+
+ |
+ (at your option) any later version. |
+
+
+ |
+
+ |
+
+
+ |
+ This program is distributed in the hope that it will be useful, but |
+
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+ WITHOUT ANY WARRANTY; without even the implied warranty of |
+
+
+ |
+ MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU |
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+
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+ General Public License for more details. |
+
+
+ |
+
+ |
+
+
+ |
+ You should have received a copy of the GNU General Public License |
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+ along with this program; if not, write to the Free Software |
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+ Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1335 USA |
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+
+ |
+
+
+ |
+ Also add information on how to contact you by electronic and paper mail. |
+
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+ |
+
+ |
+
+
+ |
+ If the program is interactive, make it output a short notice like this |
+
+
+ |
+ when it starts in an interactive mode: |
+
+
+ |
+
+ |
+
+
+ |
+ Gnomovision version 69, Copyright (C) year name of author |
+
+
+ |
+ Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type |
+
+
+ |
+ `show w'. This is free software, and you are welcome to redistribute |
+
+
+ |
+ it under certain conditions; type `show c' for details. |
+
+
+ |
+
+ |
+
+
+ |
+ The hypothetical commands `show w' and `show c' should show the |
+
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+ appropriate parts of the General Public License. Of course, the commands |
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+ you use may be called something other than `show w' and `show c'; they |
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+
+ |
+ could even be mouse-clicks or menu items--whatever suits your program. |
+
+
+ |
+
+ |
+
+
+ |
+ You should also get your employer (if you work as a programmer) or your |
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+ school, if any, to sign a "copyright disclaimer" for the program, if |
+
+
+ |
+ necessary. Here is a sample; alter the names: |
+
+
+ |
+
+ |
+
+
+ |
+ Yoyodyne, Inc., hereby disclaims all copyright interest in the |
+
+
+ |
+ program `Gnomovision' (which makes passes at compilers) written by |
+
+
+ |
+ James Hacker. |
+
+
+ |
+
+ |
+
+
+ |
+ signature of Ty Coon, 1 April 1989 |
+
+
+ |
+ Ty Coon, President of Vice |
+
+
+ |
+
+ |
+
+
+ |
+ This General Public License does not permit incorporating your program |
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+ into proprietary programs. If your program is a subroutine library, you |
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+ may consider it more useful to permit linking proprietary applications |
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+ with the library. If this is what you want to do, use the GNU Library |
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+ General Public License instead of this License. |
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+
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+
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+ # |
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+ Certain source files distributed by Oracle America, Inc. and/or its |
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+ affiliates are subject to the following clarification and special |
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+ where Oracle has expressly included in the particular source file's |
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+ the "Classpath" exception as provided by Oracle in the LICENSE file |
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+ that accompanied this code." |
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+ You should also note that Oracle includes multiple, independent |
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+ Oracle facilitates your further distribution of this package by adding |
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+ all of the other code in that distribution under the GPLv2 as well, and |
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+ since the GPLv2 is incompatible with the license terms of some items |
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+ included in the distribution by Oracle, removing the Classpath |
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+ Exception could therefore effectively compromise your ability to |
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+ further distribute the package. |
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+ Proceed with caution and we recommend that you obtain the advice of a |
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+ software. |
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+ CLASSPATH EXCEPTION |
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+ Linking this library statically or dynamically with other modules is |
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+ making a combined work based on this library. Thus, the terms and |
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+ conditions of the GNU General Public License version 2 cover the whole |
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+ combination. |
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+ As a special exception, the copyright holders of this library give you |
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+ permission to link this library with independent modules to produce an |
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+ executable, regardless of the license terms of these independent |
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+ modules, and to copy and distribute the resulting executable under |
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+ independent module, the terms and conditions of the license of that |
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+ based on this library. If you modify this library, you may extend this |
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+ do so. If you do not wish to do so, delete this exception statement |
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+ from your version. |
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