Some source files in the VirtualBox Open Source Edition (OSE) are

dual-licensed under both the GNU General Public License V3.0 (GPL3, see

the COPYING file) and the Common Development and Distribution License,

Version 1.0 (CDDL), as shown below. This applies only to source files

where this dual-licensing is explicitly worded in the file's header.

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 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 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 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.

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 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.

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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND

DISTRIBUTION LICENSE (CDDL)

For Covered Software in this distribution, this License 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.