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