Licensing/resources/dorkbox/license/LICENSE.CDDL

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-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
(iii) 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 recipients 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 PARTYS 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 jurisdictions 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.