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LICENSE
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The software contained in this repository is Copyright by Paolo Fabio Zaino
(the Initial Developer) all rights reserved.
It is distributed under CDDL 1.1 License (Common Developemnt and
Distribution License) descrived below:
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 United Kingdom (
Engalnd and Wales) (excluding conflict-of-law provisions). Any litigation relating to
this License shall be subject to the jurisdiction of the High Court Business and
Property Courts.