CDDL-1.0 16 KB

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  1. COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
  2. Version 1.0
  3. 1. Definitions.
  4. 1.1. “Contributor” means each individual or entity that creates or contributes
  5. to the creation of Modifications.
  6. 1.2. “Contributor Version” means the combination of the Original Software,
  7. prior Modifications used by a Contributor (if any), and the Modifications made
  8. by that particular Contributor.
  9. 1.3. “Covered Software” means (a) the Original Software, or (b) Modifications,
  10. or (c) the combination of files containing Original Software with files
  11. containing Modifications, in each case including portions thereof.
  12. 1.4. “Executable” means the Covered Software in any form other than Source
  13. Code.
  14. 1.5. “Initial Developer” means the individual or entity that first makes
  15. Original Software available under this License.
  16. 1.6. “Larger Work” means a work which combines Covered Software or portions
  17. thereof with code not governed by the terms of this License.
  18. 1.7. “License” means this document.
  19. 1.8. “Licensable” means having the right to grant, to the maximum extent
  20. possible, whether at the time of the initial grant or subsequently acquired,
  21. any and all of the rights conveyed herein.
  22. 1.9. “Modifications” means the Source Code and Executable form of any of the
  23. following:
  24. A. Any file that results from an addition to, deletion from or modification of
  25. the contents of a file containing Original Software or previous Modifications;
  26. B. Any new file that contains any part of the Original Software or previous
  27. Modification; or
  28. C. Any new file that is contributed or otherwise made available under the
  29. terms of this License.
  30. 1.10. “Original Software” means the Source Code and Executable form of
  31. computer software code that is originally released under this License.
  32. 1.11. “Patent Claims” means any patent claim(s), now owned or hereafter
  33. acquired, including without limitation, method, process, and apparatus claims,
  34. in any patent Licensable by grantor.
  35. 1.12. “Source Code” means (a) the common form of computer software code in
  36. which modifications are made and (b) associated documentation included in or
  37. with such code.
  38. 1.13. “You” (or “Your”) means an individual or a legal entity exercising
  39. rights under, and complying with all of the terms of, this License. For legal
  40. entities, “You” includes any entity which controls, is controlled by, or is
  41. under common control with You. For purposes of this definition, “control”
  42. means (a) the power, direct or indirect, to cause the direction or management
  43. of such entity, whether by contract or otherwise, or (b) ownership of more
  44. than fifty percent (50%) of the outstanding shares or beneficial ownership of
  45. such entity.
  46. 2. License Grants.
  47. 2.1. The Initial Developer Grant.
  48. Conditioned upon Your compliance with Section 3.1 below and subject to third
  49. party intellectual property claims, the Initial Developer hereby grants You a
  50. world-wide, royalty-free, non-exclusive license:
  51. (a) under intellectual property rights (other than patent or trademark)
  52. Licensable by Initial Developer, to use, reproduce, modify, display, perform,
  53. sublicense and distribute the Original Software (or portions thereof), with or
  54. without Modifications, and/or as part of a Larger Work; and
  55. (b) under Patent Claims infringed by the making, using or selling of Original
  56. Software, to make, have made, use, practice, sell, and offer for sale, and/or
  57. otherwise dispose of the Original Software (or portions thereof).
  58. (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
  59. Initial Developer first distributes or otherwise makes the Original Software
  60. available to a third party under the terms of this License.
  61. (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1)
  62. for code that You delete from the Original Software, or (2) for infringements
  63. caused by: (i) the modification of the Original Software, or (ii) the
  64. combination of the Original Software with other software or devices.
  65. 2.2. Contributor Grant.
  66. Conditioned upon Your compliance with Section 3.1 below and subject to third
  67. party intellectual property claims, each Contributor hereby grants You a
  68. world-wide, royalty-free, non-exclusive license:
  69. (a) under intellectual property rights (other than patent or trademark)
  70. Licensable by Contributor to use, reproduce, modify, display, perform,
  71. sublicense and distribute the Modifications created by such Contributor (or
  72. portions thereof), either on an unmodified basis, with other Modifications, as
  73. Covered Software and/or as part of a Larger Work; and
  74. (b) under Patent Claims infringed by the making, using, or selling of
  75. Modifications made by that Contributor either alone and/or in combination with
  76. its Contributor Version (or portions of such combination), to make, use, sell,
  77. offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
  78. by that Contributor (or portions thereof); and (2) the combination of
  79. Modifications made by that Contributor with its Contributor Version (or
  80. portions of such combination).
  81. (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
  82. date Contributor first distributes or otherwise makes the Modifications
  83. available to a third party.
  84. (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1)
  85. for any code that Contributor has deleted from the Contributor Version; (2)
  86. for infringements caused by: (i) third party modifications of Contributor
  87. Version, or (ii) the combination of Modifications made by that Contributor
  88. with other software (except as part of the Contributor Version) or other
  89. devices; or (3) under Patent Claims infringed by Covered Software in the
  90. absence of Modifications made by that Contributor.
  91. 3. Distribution Obligations.
  92. 3.1. Availability of Source Code.
  93. Any Covered Software that You distribute or otherwise make available in
  94. Executable form must also be made available in Source Code form and that
  95. Source Code form must be distributed only under the terms of this License. You
  96. must include a copy of this License with every copy of the Source Code form of
  97. the Covered Software You distribute or otherwise make available. You must
  98. inform recipients of any such Covered Software in Executable form as to how
  99. they can obtain such Covered Software in Source Code form in a reasonable
  100. manner on or through a medium customarily used for software exchange.
  101. 3.2. Modifications.
  102. The Modifications that You create or to which You contribute are governed by
  103. the terms of this License. You represent that You believe Your Modifications
  104. are Your original creation(s) and/or You have sufficient rights to grant the
  105. rights conveyed by this License.
  106. 3.3. Required Notices.
  107. You must include a notice in each of Your Modifications that identifies You as
  108. the Contributor of the Modification. You may not remove or alter any
  109. copyright, patent or trademark notices contained within the Covered Software,
  110. or any notices of licensing or any descriptive text giving attribution to any
  111. Contributor or the Initial Developer.
  112. 3.4. Application of Additional Terms.
  113. You may not offer or impose any terms on any Covered Software in Source Code
  114. form that alters or restricts the applicable version of this License or the
  115. recipients’ rights hereunder. You may choose to offer, and to charge a fee
  116. for, warranty, support, indemnity or liability obligations to one or more
  117. recipients of Covered Software. However, you may do so only on Your own
  118. behalf, and not on behalf of the Initial Developer or any Contributor. You
  119. must make it absolutely clear that any such warranty, support, indemnity or
  120. liability obligation is offered by You alone, and You hereby agree to
  121. indemnify the Initial Developer and every Contributor for any liability
  122. incurred by the Initial Developer or such Contributor as a result of warranty,
  123. support, indemnity or liability terms You offer.
  124. 3.5. Distribution of Executable Versions.
  125. You may distribute the Executable form of the Covered Software under the terms
  126. of this License or under the terms of a license of Your choice, which may
  127. contain terms different from this License, provided that You are in compliance
  128. with the terms of this License and that the license for the Executable form
  129. does not attempt to limit or alter the recipient’s rights in the Source Code
  130. form from the rights set forth in this License. If You distribute the Covered
  131. Software in Executable form under a different license, You must make it
  132. absolutely clear that any terms which differ from this License are offered by
  133. You alone, not by the Initial Developer or Contributor. You hereby agree to
  134. indemnify the Initial Developer and every Contributor for any liability
  135. incurred by the Initial Developer or such Contributor as a result of any such
  136. terms You offer.
  137. 3.6. Larger Works.
  138. You may create a Larger Work by combining Covered Software with other code not
  139. governed by the terms of this License and distribute the Larger Work as a
  140. single product. In such a case, You must make sure the requirements of this
  141. License are fulfilled for the Covered Software.
  142. 4. Versions of the License.
  143. 4.1. New Versions.
  144. Sun Microsystems, Inc. is the initial license steward and may publish revised
  145. and/or new versions of this License from time to time. Each version will be
  146. given a distinguishing version number. Except as provided in Section 4.3, no
  147. one other than the license steward has the right to modify this License.
  148. 4.2. Effect of New Versions.
  149. You may always continue to use, distribute or otherwise make the Covered
  150. Software available under the terms of the version of the License under which
  151. You originally received the Covered Software. If the Initial Developer
  152. includes a notice in the Original Software prohibiting it from being
  153. distributed or otherwise made available under any subsequent version of the
  154. License, You must distribute and make the Covered Software available under the
  155. terms of the version of the License under which You originally received the
  156. Covered Software. Otherwise, You may also choose to use, distribute or
  157. otherwise make the Covered Software available under the terms of any
  158. subsequent version of the License published by the license steward.
  159. 4.3. Modified Versions.
  160. When You are an Initial Developer and You want to create a new license for
  161. Your Original Software, You may create and use a modified version of this
  162. License if You: (a) rename the license and remove any references to the name
  163. of the license steward (except to note that the license differs from this
  164. License); and (b) otherwise make it clear that the license contains terms
  165. which differ from this License.
  166. 5. DISCLAIMER OF WARRANTY.
  167. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT
  168. WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
  169. LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
  170. MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
  171. AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
  172. ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
  173. DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
  174. SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
  175. ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
  176. HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
  177. 6. TERMINATION.
  178. 6.1. This License and the rights granted hereunder will terminate
  179. automatically if You fail to comply with terms herein and fail to cure such
  180. breach within 30 days of becoming aware of the breach. Provisions which, by
  181. their nature, must remain in effect beyond the termination of this License
  182. shall survive.
  183. 6.2. If You assert a patent infringement claim (excluding declaratory judgment
  184. actions) against Initial Developer or a Contributor (the Initial Developer or
  185. Contributor against whom You assert such claim is referred to as
  186. “Participant”) alleging that the Participant Software (meaning the Contributor
  187. Version where the Participant is a Contributor or the Original Software where
  188. the Participant is the Initial Developer) directly or indirectly infringes any
  189. patent, then any and all rights granted directly or indirectly to You by such
  190. Participant, the Initial Developer (if the Initial Developer is not the
  191. Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
  192. License shall, upon 60 days notice from Participant terminate prospectively
  193. and automatically at the expiration of such 60 day notice period, unless if
  194. within such 60 day period You withdraw Your claim with respect to the
  195. Participant Software against such Participant either unilaterally or pursuant
  196. to a written agreement with Participant.
  197. 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
  198. licenses that have been validly granted by You or any distributor hereunder
  199. prior to termination (excluding licenses granted to You by any distributor)
  200. shall survive termination.
  201. 7. LIMITATION OF LIABILITY.
  202. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
  203. NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
  204. OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
  205. ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
  206. INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
  207. LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE,
  208. COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
  209. LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
  210. DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH
  211. OR PERSONAL INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT
  212. APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE
  213. EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
  214. EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
  215. 8. U.S. GOVERNMENT END USERS.
  216. The Covered Software is a “commercial item,” as that term is defined in 48
  217. C.F.R. 2.101 (Oct. 1995), consisting of “commercial computer software” (as
  218. that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial
  219. computer software documentation” as such terms are used in 48 C.F.R. 12.212
  220. (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
  221. through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
  222. Software with only those rights set forth herein. This U.S. Government Rights
  223. clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
  224. provision that addresses Government rights in computer software under this
  225. License.
  226. 9. MISCELLANEOUS.
  227. This License represents the complete agreement concerning subject matter
  228. hereof. If any provision of this License is held to be unenforceable, such
  229. provision shall be reformed only to the extent necessary to make it
  230. enforceable. This License shall be governed by the law of the jurisdiction
  231. specified in a notice contained within the Original Software (except to the
  232. extent applicable law, if any, provides otherwise), excluding such
  233. jurisdiction’s conflict-of-law provisions. Any litigation relating to this
  234. License shall be subject to the jurisdiction of the courts located in the
  235. jurisdiction and venue specified in a notice contained within the Original
  236. Software, with the losing party responsible for costs, including, without
  237. limitation, court costs and reasonable attorneys’ fees and expenses. The
  238. application of the United Nations Convention on Contracts for the
  239. International Sale of Goods is expressly excluded. Any law or regulation which
  240. provides that the language of a contract shall be construed against the
  241. drafter shall not apply to this License. You agree that You alone are
  242. responsible for compliance with the United States export administration
  243. regulations (and the export control laws and regulation of any other
  244. countries) when You use, distribute or otherwise make available any Covered
  245. Software.
  246. 10. RESPONSIBILITY FOR CLAIMS.
  247. As between Initial Developer and the Contributors, each party is responsible
  248. for claims and damages arising, directly or indirectly, out of its utilization
  249. of rights under this License and You agree to work with Initial Developer and
  250. Contributors to distribute such responsibility on an equitable basis. Nothing
  251. herein is intended or shall be deemed to constitute any admission of
  252. liability.