COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0

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 recipients
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.  Sun Microsystems, Inc. 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. 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 LOST
PROFITS, 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 PARTYS 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 jurisdictions 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 GlassFish 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.
