HP VAN SDN Controller Open Source and Third-Party Software License Agreements

Common Development and Distribution License (CDDL) Version 1.1

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;

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.

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).