1058b3540SScott McCrearyCOMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
2058b3540SScott McCreary
3058b3540SScott McCreary1. Definitions.
4058b3540SScott McCreary
5058b3540SScott McCreary    1.1. "Contributor" means each individual or entity that creates
6058b3540SScott McCreary         or contributes to the creation of Modifications.
7058b3540SScott McCreary
8058b3540SScott McCreary    1.2. "Contributor Version" means the combination of the Original
9058b3540SScott McCreary         Software, prior Modifications used by a Contributor (if any),
10058b3540SScott McCreary         and the Modifications made by that particular Contributor.
11058b3540SScott McCreary
12058b3540SScott McCreary    1.3. "Covered Software" means (a) the Original Software, or (b)
13058b3540SScott McCreary         Modifications, or (c) the combination of files containing
14058b3540SScott McCreary         Original Software with files containing Modifications, in
15058b3540SScott McCreary         each case including portions thereof.
16058b3540SScott McCreary
17058b3540SScott McCreary    1.4. "Executable" means the Covered Software in any form other
18058b3540SScott McCreary         than Source Code.
19058b3540SScott McCreary
20058b3540SScott McCreary    1.5. "Initial Developer" means the individual or entity that first
21058b3540SScott McCreary         makes Original Software available under this License.
22058b3540SScott McCreary
23058b3540SScott McCreary    1.6. "Larger Work" means a work which combines Covered Software or
24058b3540SScott McCreary         portions thereof with code not governed by the terms of this
25058b3540SScott McCreary         License.
26058b3540SScott McCreary
27058b3540SScott McCreary    1.7. "License" means this document.
28058b3540SScott McCreary
29058b3540SScott McCreary    1.8. "Licensable" means having the right to grant, to the maximum
30058b3540SScott McCreary         extent possible, whether at the time of the initial grant or
31058b3540SScott McCreary         subsequently acquired, any and all of the rights conveyed
32058b3540SScott McCreary         herein.
33058b3540SScott McCreary
34058b3540SScott McCreary    1.9. "Modifications" means the Source Code and Executable form of
35058b3540SScott McCreary         any of the following:
36058b3540SScott McCreary
37058b3540SScott McCreary        A. Any file that results from an addition to, deletion from or
38058b3540SScott McCreary           modification of the contents of a file containing Original
39058b3540SScott McCreary           Software or previous Modifications;
40058b3540SScott McCreary
41058b3540SScott McCreary        B. Any new file that contains any part of the Original
42058b3540SScott McCreary           Software or previous Modifications; or
43058b3540SScott McCreary
44058b3540SScott McCreary        C. Any new file that is contributed or otherwise made
45058b3540SScott McCreary           available under the terms of this License.
46058b3540SScott McCreary
47058b3540SScott McCreary    1.10. "Original Software" means the Source Code and Executable
48058b3540SScott McCreary          form of computer software code that is originally released
49058b3540SScott McCreary          under this License.
50058b3540SScott McCreary
51058b3540SScott McCreary    1.11. "Patent Claims" means any patent claim(s), now owned or
52058b3540SScott McCreary          hereafter acquired, including without limitation, method,
53058b3540SScott McCreary          process, and apparatus claims, in any patent Licensable by
54058b3540SScott McCreary          grantor.
55058b3540SScott McCreary
56058b3540SScott McCreary    1.12. "Source Code" means (a) the common form of computer software
57058b3540SScott McCreary          code in which modifications are made and (b) associated
58058b3540SScott McCreary          documentation included in or with such code.
59058b3540SScott McCreary
60058b3540SScott McCreary    1.13. "You" (or "Your") means an individual or a legal entity
61058b3540SScott McCreary          exercising rights under, and complying with all of the terms
62058b3540SScott McCreary          of, this License.  For legal entities, "You" includes any
63058b3540SScott McCreary          entity which controls, is controlled by, or is under common
64058b3540SScott McCreary          control with You.  For purposes of this definition,
65058b3540SScott McCreary          "control" means (a) the power, direct or indirect, to cause
66058b3540SScott McCreary          the direction or management of such entity, whether by
67058b3540SScott McCreary          contract or otherwise, or (b) ownership of more than fifty
68058b3540SScott McCreary          percent (50%) of the outstanding shares or beneficial
69058b3540SScott McCreary          ownership of such entity.
70058b3540SScott McCreary
71058b3540SScott McCreary2. License Grants.
72058b3540SScott McCreary
73058b3540SScott McCreary    2.1. The Initial Developer Grant.
74058b3540SScott McCreary
75058b3540SScott McCreary    Conditioned upon Your compliance with Section 3.1 below and
76058b3540SScott McCreary    subject to third party intellectual property claims, the Initial
77058b3540SScott McCreary    Developer hereby grants You a world-wide, royalty-free,
78058b3540SScott McCreary    non-exclusive license:
79058b3540SScott McCreary
80058b3540SScott McCreary        (a) under intellectual property rights (other than patent or
81058b3540SScott McCreary            trademark) Licensable by Initial Developer, to use,
82058b3540SScott McCreary            reproduce, modify, display, perform, sublicense and
83058b3540SScott McCreary            distribute the Original Software (or portions thereof),
84058b3540SScott McCreary            with or without Modifications, and/or as part of a Larger
85058b3540SScott McCreary            Work; and
86058b3540SScott McCreary
87058b3540SScott McCreary        (b) under Patent Claims infringed by the making, using or
88058b3540SScott McCreary            selling of Original Software, to make, have made, use,
89058b3540SScott McCreary            practice, sell, and offer for sale, and/or otherwise
90058b3540SScott McCreary            dispose of the Original Software (or portions thereof).
91058b3540SScott McCreary
92058b3540SScott McCreary        (c) The licenses granted in Sections 2.1(a) and (b) are
93058b3540SScott McCreary            effective on the date Initial Developer first distributes
94058b3540SScott McCreary            or otherwise makes the Original Software available to a
95058b3540SScott McCreary            third party under the terms of this License.
96058b3540SScott McCreary
97058b3540SScott McCreary        (d) Notwithstanding Section 2.1(b) above, no patent license is
98058b3540SScott McCreary            granted: (1) for code that You delete from the Original
99058b3540SScott McCreary            Software, or (2) for infringements caused by: (i) the
100058b3540SScott McCreary            modification of the Original Software, or (ii) the
101058b3540SScott McCreary            combination of the Original Software with other software
102058b3540SScott McCreary            or devices.
103058b3540SScott McCreary
104058b3540SScott McCreary    2.2. Contributor Grant.
105058b3540SScott McCreary
106058b3540SScott McCreary    Conditioned upon Your compliance with Section 3.1 below and
107058b3540SScott McCreary    subject to third party intellectual property claims, each
108058b3540SScott McCreary    Contributor hereby grants You a world-wide, royalty-free,
109058b3540SScott McCreary    non-exclusive license:
110058b3540SScott McCreary
111058b3540SScott McCreary        (a) under intellectual property rights (other than patent or
112058b3540SScott McCreary            trademark) Licensable by Contributor to use, reproduce,
113058b3540SScott McCreary            modify, display, perform, sublicense and distribute the
114058b3540SScott McCreary            Modifications created by such Contributor (or portions
115058b3540SScott McCreary            thereof), either on an unmodified basis, with other
116058b3540SScott McCreary            Modifications, as Covered Software and/or as part of a
117058b3540SScott McCreary            Larger Work; and
118058b3540SScott McCreary
119058b3540SScott McCreary        (b) under Patent Claims infringed by the making, using, or
120058b3540SScott McCreary            selling of Modifications made by that Contributor either
121058b3540SScott McCreary            alone and/or in combination with its Contributor Version
122058b3540SScott McCreary            (or portions of such combination), to make, use, sell,
123058b3540SScott McCreary            offer for sale, have made, and/or otherwise dispose of:
124058b3540SScott McCreary            (1) Modifications made by that Contributor (or portions
125058b3540SScott McCreary            thereof); and (2) the combination of Modifications made by
126058b3540SScott McCreary            that Contributor with its Contributor Version (or portions
127058b3540SScott McCreary            of such combination).
128058b3540SScott McCreary
129058b3540SScott McCreary        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
130058b3540SScott McCreary            effective on the date Contributor first distributes or
131058b3540SScott McCreary            otherwise makes the Modifications available to a third
132058b3540SScott McCreary            party.
133058b3540SScott McCreary
134058b3540SScott McCreary        (d) Notwithstanding Section 2.2(b) above, no patent license is
135058b3540SScott McCreary            granted: (1) for any code that Contributor has deleted
136058b3540SScott McCreary            from the Contributor Version; (2) for infringements caused
137058b3540SScott McCreary            by: (i) third party modifications of Contributor Version,
138058b3540SScott McCreary            or (ii) the combination of Modifications made by that
139058b3540SScott McCreary            Contributor with other software (except as part of the
140058b3540SScott McCreary            Contributor Version) or other devices; or (3) under Patent
141058b3540SScott McCreary            Claims infringed by Covered Software in the absence of
142058b3540SScott McCreary            Modifications made by that Contributor.
143058b3540SScott McCreary
144058b3540SScott McCreary3. Distribution Obligations.
145058b3540SScott McCreary
146058b3540SScott McCreary    3.1. Availability of Source Code.
147058b3540SScott McCreary
148058b3540SScott McCreary    Any Covered Software that You distribute or otherwise make
149058b3540SScott McCreary    available in Executable form must also be made available in Source
150058b3540SScott McCreary    Code form and that Source Code form must be distributed only under
151058b3540SScott McCreary    the terms of this License.  You must include a copy of this
152058b3540SScott McCreary    License with every copy of the Source Code form of the Covered
153058b3540SScott McCreary    Software You distribute or otherwise make available.  You must
154058b3540SScott McCreary    inform recipients of any such Covered Software in Executable form
155058b3540SScott McCreary    as to how they can obtain such Covered Software in Source Code
156058b3540SScott McCreary    form in a reasonable manner on or through a medium customarily
157058b3540SScott McCreary    used for software exchange.
158058b3540SScott McCreary
159058b3540SScott McCreary    3.2. Modifications.
160058b3540SScott McCreary
161058b3540SScott McCreary    The Modifications that You create or to which You contribute are
162058b3540SScott McCreary    governed by the terms of this License.  You represent that You
163058b3540SScott McCreary    believe Your Modifications are Your original creation(s) and/or
164058b3540SScott McCreary    You have sufficient rights to grant the rights conveyed by this
165058b3540SScott McCreary    License.
166058b3540SScott McCreary
167058b3540SScott McCreary    3.3. Required Notices.
168058b3540SScott McCreary
169058b3540SScott McCreary    You must include a notice in each of Your Modifications that
170058b3540SScott McCreary    identifies You as the Contributor of the Modification.  You may
171058b3540SScott McCreary    not remove or alter any copyright, patent or trademark notices
172058b3540SScott McCreary    contained within the Covered Software, or any notices of licensing
173058b3540SScott McCreary    or any descriptive text giving attribution to any Contributor or
174058b3540SScott McCreary    the Initial Developer.
175058b3540SScott McCreary
176058b3540SScott McCreary    3.4. Application of Additional Terms.
177058b3540SScott McCreary
178058b3540SScott McCreary    You may not offer or impose any terms on any Covered Software in
179058b3540SScott McCreary    Source Code form that alters or restricts the applicable version
180058b3540SScott McCreary    of this License or the recipients' rights hereunder.  You may
181058b3540SScott McCreary    choose to offer, and to charge a fee for, warranty, support,
182058b3540SScott McCreary    indemnity or liability obligations to one or more recipients of
183058b3540SScott McCreary    Covered Software.  However, you may do so only on Your own behalf,
184058b3540SScott McCreary    and not on behalf of the Initial Developer or any Contributor.
185058b3540SScott McCreary    You must make it absolutely clear that any such warranty, support,
186058b3540SScott McCreary    indemnity or liability obligation is offered by You alone, and You
187058b3540SScott McCreary    hereby agree to indemnify the Initial Developer and every
188058b3540SScott McCreary    Contributor for any liability incurred by the Initial Developer or
189058b3540SScott McCreary    such Contributor as a result of warranty, support, indemnity or
190058b3540SScott McCreary    liability terms You offer.
191058b3540SScott McCreary
192058b3540SScott McCreary    3.5. Distribution of Executable Versions.
193058b3540SScott McCreary
194058b3540SScott McCreary    You may distribute the Executable form of the Covered Software
195058b3540SScott McCreary    under the terms of this License or under the terms of a license of
196058b3540SScott McCreary    Your choice, which may contain terms different from this License,
197058b3540SScott McCreary    provided that You are in compliance with the terms of this License
198058b3540SScott McCreary    and that the license for the Executable form does not attempt to
199058b3540SScott McCreary    limit or alter the recipient's rights in the Source Code form from
200058b3540SScott McCreary    the rights set forth in this License.  If You distribute the
201058b3540SScott McCreary    Covered Software in Executable form under a different license, You
202058b3540SScott McCreary    must make it absolutely clear that any terms which differ from
203058b3540SScott McCreary    this License are offered by You alone, not by the Initial
204058b3540SScott McCreary    Developer or Contributor.  You hereby agree to indemnify the
205058b3540SScott McCreary    Initial Developer and every Contributor for any liability incurred
206058b3540SScott McCreary    by the Initial Developer or such Contributor as a result of any
207058b3540SScott McCreary    such terms You offer.
208058b3540SScott McCreary
209058b3540SScott McCreary    3.6. Larger Works.
210058b3540SScott McCreary
211058b3540SScott McCreary    You may create a Larger Work by combining Covered Software with
212058b3540SScott McCreary    other code not governed by the terms of this License and
213058b3540SScott McCreary    distribute the Larger Work as a single product.  In such a case,
214058b3540SScott McCreary    You must make sure the requirements of this License are fulfilled
215058b3540SScott McCreary    for the Covered Software.
216058b3540SScott McCreary
217058b3540SScott McCreary4. Versions of the License.
218058b3540SScott McCreary
219058b3540SScott McCreary    4.1. New Versions.
220058b3540SScott McCreary
221058b3540SScott McCreary    Sun Microsystems, Inc. is the initial license steward and may
222058b3540SScott McCreary    publish revised and/or new versions of this License from time to
223058b3540SScott McCreary    time.  Each version will be given a distinguishing version number.
224058b3540SScott McCreary    Except as provided in Section 4.3, no one other than the license
225058b3540SScott McCreary    steward has the right to modify this License.
226058b3540SScott McCreary
227058b3540SScott McCreary    4.2. Effect of New Versions.
228058b3540SScott McCreary
229058b3540SScott McCreary    You may always continue to use, distribute or otherwise make the
230058b3540SScott McCreary    Covered Software available under the terms of the version of the
231058b3540SScott McCreary    License under which You originally received the Covered Software.
232058b3540SScott McCreary    If the Initial Developer includes a notice in the Original
233058b3540SScott McCreary    Software prohibiting it from being distributed or otherwise made
234058b3540SScott McCreary    available under any subsequent version of the License, You must
235058b3540SScott McCreary    distribute and make the Covered Software available under the terms
236058b3540SScott McCreary    of the version of the License under which You originally received
237058b3540SScott McCreary    the Covered Software.  Otherwise, You may also choose to use,
238058b3540SScott McCreary    distribute or otherwise make the Covered Software available under
239058b3540SScott McCreary    the terms of any subsequent version of the License published by
240058b3540SScott McCreary    the license steward.
241058b3540SScott McCreary
242058b3540SScott McCreary    4.3. Modified Versions.
243058b3540SScott McCreary
244058b3540SScott McCreary    When You are an Initial Developer and You want to create a new
245058b3540SScott McCreary    license for Your Original Software, You may create and use a
246058b3540SScott McCreary    modified version of this License if You: (a) rename the license
247058b3540SScott McCreary    and remove any references to the name of the license steward
248058b3540SScott McCreary    (except to note that the license differs from this License); and
249058b3540SScott McCreary    (b) otherwise make it clear that the license contains terms which
250058b3540SScott McCreary    differ from this License.
251058b3540SScott McCreary
252058b3540SScott McCreary5. DISCLAIMER OF WARRANTY.
253058b3540SScott McCreary
254058b3540SScott McCreary    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
255058b3540SScott McCreary    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
256058b3540SScott McCreary    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
257058b3540SScott McCreary    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
258058b3540SScott McCreary    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
259058b3540SScott McCreary    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
260058b3540SScott McCreary    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
261058b3540SScott McCreary    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
262058b3540SScott McCreary    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
263058b3540SScott McCreary    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
264058b3540SScott McCreary    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
265058b3540SScott McCreary    DISCLAIMER.
266058b3540SScott McCreary
267058b3540SScott McCreary6. TERMINATION.
268058b3540SScott McCreary
269058b3540SScott McCreary    6.1. This License and the rights granted hereunder will terminate
270058b3540SScott McCreary    automatically if You fail to comply with terms herein and fail to
271058b3540SScott McCreary    cure such breach within 30 days of becoming aware of the breach.
272058b3540SScott McCreary    Provisions which, by their nature, must remain in effect beyond
273058b3540SScott McCreary    the termination of this License shall survive.
274058b3540SScott McCreary
275058b3540SScott McCreary    6.2. If You assert a patent infringement claim (excluding
276058b3540SScott McCreary    declaratory judgment actions) against Initial Developer or a
277058b3540SScott McCreary    Contributor (the Initial Developer or Contributor against whom You
278058b3540SScott McCreary    assert such claim is referred to as "Participant") alleging that
279058b3540SScott McCreary    the Participant Software (meaning the Contributor Version where
280058b3540SScott McCreary    the Participant is a Contributor or the Original Software where
281058b3540SScott McCreary    the Participant is the Initial Developer) directly or indirectly
282058b3540SScott McCreary    infringes any patent, then any and all rights granted directly or
283058b3540SScott McCreary    indirectly to You by such Participant, the Initial Developer (if
284058b3540SScott McCreary    the Initial Developer is not the Participant) and all Contributors
285058b3540SScott McCreary    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
286058b3540SScott McCreary    notice from Participant terminate prospectively and automatically
287058b3540SScott McCreary    at the expiration of such 60 day notice period, unless if within
288058b3540SScott McCreary    such 60 day period You withdraw Your claim with respect to the
289058b3540SScott McCreary    Participant Software against such Participant either unilaterally
290058b3540SScott McCreary    or pursuant to a written agreement with Participant.
291058b3540SScott McCreary
292058b3540SScott McCreary    6.3. In the event of termination under Sections 6.1 or 6.2 above,
293058b3540SScott McCreary    all end user licenses that have been validly granted by You or any
294058b3540SScott McCreary    distributor hereunder prior to termination (excluding licenses
295058b3540SScott McCreary    granted to You by any distributor) shall survive termination.
296058b3540SScott McCreary
297058b3540SScott McCreary7. LIMITATION OF LIABILITY.
298058b3540SScott McCreary
299058b3540SScott McCreary    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
300058b3540SScott McCreary    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
301058b3540SScott McCreary    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
302058b3540SScott McCreary    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
303058b3540SScott McCreary    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
304058b3540SScott McCreary    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
305058b3540SScott McCreary    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
306058b3540SScott McCreary    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
307058b3540SScott McCreary    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
308058b3540SScott McCreary    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
309058b3540SScott McCreary    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
310058b3540SScott McCreary    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
311058b3540SScott McCreary    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
312058b3540SScott McCreary    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
313058b3540SScott McCreary    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
314058b3540SScott McCreary    APPLY TO YOU.
315058b3540SScott McCreary
316058b3540SScott McCreary8. U.S. GOVERNMENT END USERS.
317058b3540SScott McCreary
318058b3540SScott McCreary    The Covered Software is a "commercial item," as that term is
319058b3540SScott McCreary    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
320058b3540SScott McCreary    computer software" (as that term is defined at 48
321058b3540SScott McCreary    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
322058b3540SScott McCreary    documentation" as such terms are used in 48 C.F.R. 12.212
323058b3540SScott McCreary    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
324058b3540SScott McCreary    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
325058b3540SScott McCreary    U.S. Government End Users acquire Covered Software with only those
326058b3540SScott McCreary    rights set forth herein.  This U.S. Government Rights clause is in
327058b3540SScott McCreary    lieu of, and supersedes, any other FAR, DFAR, or other clause or
328058b3540SScott McCreary    provision that addresses Government rights in computer software
329058b3540SScott McCreary    under this License.
330058b3540SScott McCreary
331058b3540SScott McCreary9. MISCELLANEOUS.
332058b3540SScott McCreary
333058b3540SScott McCreary    This License represents the complete agreement concerning subject
334058b3540SScott McCreary    matter hereof.  If any provision of this License is held to be
335058b3540SScott McCreary    unenforceable, such provision shall be reformed only to the extent
336058b3540SScott McCreary    necessary to make it enforceable.  This License shall be governed
337058b3540SScott McCreary    by the law of the jurisdiction specified in a notice contained
338058b3540SScott McCreary    within the Original Software (except to the extent applicable law,
339058b3540SScott McCreary    if any, provides otherwise), excluding such jurisdiction's
340058b3540SScott McCreary    conflict-of-law provisions.  Any litigation relating to this
341058b3540SScott McCreary    License shall be subject to the jurisdiction of the courts located
342058b3540SScott McCreary    in the jurisdiction and venue specified in a notice contained
343058b3540SScott McCreary    within the Original Software, with the losing party responsible
344058b3540SScott McCreary    for costs, including, without limitation, court costs and
345058b3540SScott McCreary    reasonable attorneys' fees and expenses.  The application of the
346058b3540SScott McCreary    United Nations Convention on Contracts for the International Sale
347058b3540SScott McCreary    of Goods is expressly excluded.  Any law or regulation which
348058b3540SScott McCreary    provides that the language of a contract shall be construed
349058b3540SScott McCreary    against the drafter shall not apply to this License.  You agree
350058b3540SScott McCreary    that You alone are responsible for compliance with the United
351058b3540SScott McCreary    States export administration regulations (and the export control
352058b3540SScott McCreary    laws and regulation of any other countries) when You use,
353058b3540SScott McCreary    distribute or otherwise make available any Covered Software.
354058b3540SScott McCreary
355058b3540SScott McCreary10. RESPONSIBILITY FOR CLAIMS.
356058b3540SScott McCreary
357058b3540SScott McCreary    As between Initial Developer and the Contributors, each party is
358058b3540SScott McCreary    responsible for claims and damages arising, directly or
359058b3540SScott McCreary    indirectly, out of its utilization of rights under this License
360058b3540SScott McCreary    and You agree to work with Initial Developer and Contributors to
361058b3540SScott McCreary    distribute such responsibility on an equitable basis.  Nothing
362058b3540SScott McCreary    herein is intended or shall be deemed to constitute any admission
363058b3540SScott McCreary    of liability.
364058b3540SScott McCreary
365058b3540SScott McCreary--------------------------------------------------------------------
366058b3540SScott McCreary
367058b3540SScott McCrearyNOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
368058b3540SScott McCrearyDISTRIBUTION LICENSE (CDDL)
369058b3540SScott McCreary
370058b3540SScott McCrearyFor Covered Software in this distribution, this License shall
371058b3540SScott McCrearybe governed by the laws of Germany (excluding conflict-of-law
372058b3540SScott McCrearyprovisions).
373058b3540SScott McCreary
374058b3540SScott McCrearyAny litigation relating to this License shall be subject to the
375058b3540SScott McCrearyjurisdiction and the courts of Berlin Germany, with venue lying
376058b3540SScott McCrearyin Berlin Germany.
377