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Utilized Open Source Software & 3rd Party Licenses / Version 2207

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9. Common Development And Distribution License 1.1

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1

1. Definitions.

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

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

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

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

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

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

    1.7. "License" means this document.

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

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

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

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

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

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

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

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

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

2. License Grants.

    2.1. The Initial Developer Grant.

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

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

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

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

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

    2.2. Contributor Grant.

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

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

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

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

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

3. Distribution Obligations.

    3.1. Availability of Source Code.

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

    3.2. Modifications.

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

    3.3. Required Notices.

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

    3.4. Application of Additional Terms.

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

    3.5. Distribution of Executable Versions.

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

    3.6. Larger Works.

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

4. Versions of the License.

    4.1. New Versions.

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

    4.2. Effect of New Versions.

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

    4.3. Modified Versions.

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

5. DISCLAIMER OF WARRANTY.

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

6. TERMINATION.

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

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

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

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

7. LIMITATION OF LIABILITY.

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

8. U.S. GOVERNMENT END USERS.

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

9. MISCELLANEOUS.

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

10. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is 
	   responsible for claims and damages arising, directly or indirectly, 
	   out of its utilization of rights under this License and You agree to 
	   work with Initial Developer and Contributors to distribute such 
	   responsibility on an equitable basis. Nothing herein is intended or 
	   shall be deemed to constitute any admission of liability.

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

The code released under the CDDL shall be governed by the laws of 
the State of California (excluding conflict-of-law provisions). 
Any litigation relating to this License shall be subject to the 
jurisdiction of the Federal Courts of the Northern District of 
California and the state courts of the State of California, with venue 
lying in Santa Clara County, California. 
    

Example 9.1. Common Development and Distribution License


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