For Approval: Common Development and Distribution License (CDDL)

Please consider the attached license (text form attached) for OSI review and 
approval. It is called the Common Development and Distribution License
(CDDL).
	http://www.sun.com/cddl/

CDDL is derived from MPL1.1. High-level and detailed descriptions of what has
been changed from MPL are available at:
	http://www.sun.com/cddl/CDDL_why_summary.html
	http://www.sun.com/cddl/CDDL_why_details.html

Redline/diffs between CDDL and MPL can be found at:
	http://www.sun.com/cddl/CDDL_MPL_redline.pdf

As required, here is an explanation of how software distributed under this 
license can be used in conjunction with software distributed under other open 
source licenses:

The CDDL is similar to the MPL and its derivative licenses (CPL, SPL,
etc.) in terms of combination with software distributed under other
licenses. As with the MPL, files made available under the CDDL can be
linked together with files made available under another license, as
long as the other license does not prevent such linkage. This means
that (for example) files licensed under the CDDL can be linked
together with files licensed under the MPL, SPL, CPL (or other
licenses that allow files under different licenses to be linked
together) as well as with code released under "academic" licenses such
as BSD, AFL, Apache, and X11. In addition, source code licensed under
the CDDL can be combined in the same file with code licensed under an
academic license, as long as the resulting source file is distributed
under the CDDL.

Note that if files under different licenses are statically linked and
the resulting binary is distributed, then the binary license must meet
the terms of both licenses. For example, the source for any
modifications to files licensed under CDDL must be distributed even if
those files are linked with files available under a license without
such a requirement.

Like the MPL, the CDDL is not expected to be compatible with the GPL,
since it contains requirements that are not in the GPL (for example,
the "patent peace" provision in section 6). Thus, it is likely that
files released under the CDDL will not be able to be combined with
files released under the GPL to create a larger program.

Thanks,
Claire Giordano
CDDL Team, Sun Microsystems



COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
Draft Revised 11/24/04

1. Definitions.

 1.1. "Contributor" means each 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 Modifications; 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 than 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.

 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 by such Participant to You under Sections 2.1 and/or
 2.2 of this License shall, upon 60 days notice from Participant
 terminate prospectively, unless if within 60 days after receipt of
 notice You either: (i) agree in writing to pay Participant a
 mutually agreeable reasonable royalty for Your past and future use
 of the Participant Software made by such Participant, or
 (ii) withdraw Your claim with respect to the Participant Software
 against such Participant. If within 60 days of notice, a
 reasonable royalty and payment arrangement are not mutually agreed
 upon in writing by the parties or the claim is not withdrawn, the
 rights granted by Participant to You under Sections 2.1 and/or 2.2
 automatically terminate at the expiration of the 60 day notice
 period specified above.

 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 (excluding distributors and resellers) 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. With respect to disputes in which at
 least one party is a citizen of, or an entity chartered or
 registered to do business in the United States of America, any
 litigation relating to this License shall be subject to the
 jurisdiction of the state and Federal 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.