| 123456789101112131415161718192021222324252627282930313233343536373839404142434445464748495051525354555657585960616263646566676869707172737475767778798081828384858687888990919293949596979899100101102103104105106107108109110111112113114115116117118119120121122123124125126127128129130131132133134135136137138139140141142143144145146147148149150151152153154155156157158159160161162163164165166167168169170171172173174175176177178179180181182183184185186187188189190191192193194195196197198199200201202203204205206207208209210211212213214215216217218219220221222223224225226227228229230231232233234235236237238239240241242243244245246247248249250251252253254255256257258259260261262263264265266267268269270271272273274275276277278279280281282283284285286287288289290291292293294295296297298299300301302303304305306307308309310311312313314315316317 |
- 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 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.
|