319 lines
16 KiB
Plaintext
319 lines
16 KiB
Plaintext
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 (CDDL-1.0)
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1. Definitions.
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1.1. Contributor means each individual or entity that creates or contributes to
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the creation of Modifications.
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1.2. Contributor Version means the combination of the Original Software, prior
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Modifications used by a Contributor (if any), and the Modifications made by
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that particular Contributor.
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1.3. Covered Software means
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(a) the Original Software, or
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(b) Modifications, or
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(c) the combination of files containing Original Software with files
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containing Modifications, in each case including portions thereof.
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1.4. Executable means the Covered Software in any form other than Source Code.
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1.5. Initial Developer means the individual or entity that first makes Original
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Software available under this License.
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1.6. Larger Work means a work which combines Covered Software or portions
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thereof with code not governed by the terms of this License.
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1.7. License means this document.
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1.8. Licensable means having the right to grant, to the maximum extent possible,
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whether at the time of the initial grant or subsequently acquired, any and
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all of the rights conveyed herein.
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1.9. Modifications means the Source Code and Executable form of any of the
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following:
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A. Any file that results from an addition to, deletion from or modification
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of the contents of a file containing Original Software or previous
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Modifications;
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B. Any new file that contains any part of the Original Software or previous
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Modification; or
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C. Any new file that is contributed or otherwise made available under the
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terms of this License.
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1.10. Original Software means the Source Code and Executable form of computer
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software code that is originally released under this License.
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1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired,
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including without limitation, method, process, and apparatus claims, in any
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patent Licensable by grantor.
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1.12. Source Code means
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(a) the common form of computer software code in which modifications are
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made and
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(b) associated documentation included in or with such code.
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1.13. You (or Your) means an individual or a legal entity exercising rights
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under, and complying with all of the terms of, this License. For legal
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entities, You includes any entity which controls, is controlled by, or is
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under common control with You. For purposes of this definition, control
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means
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(a) the power, direct or indirect, to cause the direction or management of
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such entity, whether by contract or otherwise, or
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(b) ownership of more than fifty percent (50%) of the outstanding shares or
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beneficial ownership of such entity.
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2. License Grants.
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2.1. The Initial Developer Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to third
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party intellectual property claims, the Initial Developer hereby grants You a
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world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer, to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Software (or portions
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thereof), with or without Modifications, and/or as part of a Larger Work;
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and
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(b) under Patent Claims infringed by the making, using or selling of Original
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Software, to make, have made, use, practice, sell, and offer for sale,
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and/or otherwise dispose of the Original Software (or portions thereof).
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(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
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Initial Developer first distributes or otherwise makes the Original Software
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available to a third party under the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is granted:
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(1) for code that You delete from the Original Software, or
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(2) for infringements caused by:
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(i) the modification of the Original Software, or
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(ii) the combination of the Original Software with other software or
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devices.
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2.2. Contributor Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to third
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party intellectual property claims, each Contributor hereby grants You a
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world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor (or
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portions thereof), either on an unmodified basis, with other Modifications,
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as Covered Software and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in combination
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with its Contributor Version (or portions of such combination), to make,
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use, sell, offer for sale, have made, and/or otherwise dispose of:
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(1) Modifications made by that Contributor (or portions thereof); and
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(2) the combination of Modifications made by that Contributor with its
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Contributor Version (or portions of such combination).
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date
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Contributor first distributes or otherwise makes the Modifications available
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to a third party.
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(d) Notwithstanding Section 2.2(b) above, no patent license is granted:
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(1) for any code that Contributor has deleted from the Contributor Version;
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(2) for infringements caused by:
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(i) third party modifications of Contributor Version, or
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(ii) the combination of Modifications made by that Contributor with
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other software (except as part of the Contributor Version) or other
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devices; or
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(iii) under Patent Claims infringed by Covered Software in the
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absence of Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make available in
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Executable form must also be made available in Source Code form and that Source
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Code form must be distributed only under the terms of this License. You must
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include a copy of this License with every copy of the Source Code form of the
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Covered Software You distribute or otherwise make available. You must inform
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recipients of any such Covered Software in Executable form as to how they can
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obtain such Covered Software in Source Code form in a reasonable manner on or
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through a medium customarily used for software exchange.
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3.2. Modifications.
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The Modifications that You create or to which You contribute are governed by the
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terms of this License. You represent that You believe Your Modifications are
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Your original creation(s) and/or You have sufficient rights to grant the rights
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conveyed by this License.
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3.3. Required Notices.
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You must include a notice in each of Your Modifications that identifies You as
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the Contributor of the Modification. You may not remove or alter any copyright,
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patent or trademark notices contained within the Covered Software, or any
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notices of licensing or any descriptive text giving attribution to any
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Contributor or the Initial Developer.
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3.4. Application of Additional Terms.
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You may not offer or impose any terms on any Covered Software in Source Code
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form that alters or restricts the applicable version of this License or the
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recipients rights hereunder. You may choose to offer, and to charge a fee for,
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warranty, support, indemnity or liability obligations to one or more recipients
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of Covered Software. However, you may do so only on Your own behalf, and not on
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behalf of the Initial Developer or any Contributor. You must make it absolutely
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clear that any such warranty, support, indemnity or liability obligation is
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offered by You alone, and You hereby agree to indemnify the Initial Developer
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and every Contributor for any liability incurred by the Initial Developer or
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such Contributor as a result of warranty, support, indemnity or liability terms
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You offer.
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3.5. Distribution of Executable Versions.
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You may distribute the Executable form of the Covered Software under the terms
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of this License or under the terms of a license of Your choice, which may
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contain terms different from this License, provided that You are in compliance
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with the terms of this License and that the license for the Executable form does
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not attempt to limit or alter the recipients rights in the Source Code form from
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the rights set forth in this License. If You distribute the Covered Software in
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Executable form under a different license, You must make it absolutely clear
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that any terms which differ from this License are offered by You alone, not by
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the Initial Developer or Contributor. You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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3.6. Larger Works.
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You may create a Larger Work by combining Covered Software with other code not
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governed by the terms of this License and distribute the Larger Work as a single
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product. In such a case, You must make sure the requirements of this License are
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fulfilled for the Covered Software.
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4. Versions of the License.
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4.1. New Versions.
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Sun Microsystems, Inc. is the initial license steward and may publish revised
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and/or new versions of this License from time to time. Each version will be
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given a distinguishing version number. Except as provided in Section 4.3, no one
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other than the license steward has the right to modify this License.
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4.2. Effect of New Versions.
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You may always continue to use, distribute or otherwise make the Covered
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Software available under the terms of the version of the License under which You
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originally received the Covered Software. If the Initial Developer includes a
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notice in the Original Software prohibiting it from being distributed or
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otherwise made available under any subsequent version of the License, You must
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distribute and make the Covered Software available under the terms of the
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version of the License under which You originally received the Covered Software.
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Otherwise, You may also choose to use, distribute or otherwise make the Covered
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Software available under the terms of any subsequent version of the License
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published by the license steward.
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4.3. Modified Versions.
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When You are an Initial Developer and You want to create a new license for Your
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Original Software, You may create and use a modified version of this License if
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You: (a) rename the license and remove any references to the name of the license
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steward (except to note that the license differs from this License); and (b)
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otherwise make it clear that the license contains terms which differ from this
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License.
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5. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT
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WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT
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LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
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MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS
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TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
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COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER
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OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
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LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
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THIS DISCLAIMER.
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6. TERMINATION.
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6.1. This License and the rights granted hereunder will terminate automatically
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if You fail to comply with terms herein and fail to cure such breach within
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30 days of becoming aware of the breach. Provisions which, by their nature,
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must remain in effect beyond the termination of this License shall survive.
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6.2. If You assert a patent infringement claim (excluding declaratory judgment
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actions) against Initial Developer or a Contributor (the Initial Developer
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or Contributor against whom You assert such claim is referred to as
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Participant) alleging that the Participant Software (meaning the Contributor
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Version where the Participant is a Contributor or the Original Software
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where the Participant is the Initial Developer) directly or indirectly
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infringes any patent, then any and all rights granted directly or indirectly
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to You by such Participant, the Initial Developer (if the Initial Developer
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is not the Participant) and all Contributors under Sections 2.1 and/or 2.2
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of this License shall, upon 60 days notice from Participant terminate
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prospectively and automatically at the expiration of such 60 day notice
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period, unless if within such 60 day period You withdraw Your claim with
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respect to the Participant Software against such Participant either
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unilaterally or pursuant to a written agreement with Participant.
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6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
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licenses that have been validly granted by You or any distributor hereunder
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prior to termination (excluding licenses granted to You by any distributor)
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shall survive termination.
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7. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
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NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER
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CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF
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SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
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FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH
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PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
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LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
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INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW
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PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
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LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS.
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The Covered Software is a commercial item, as that term is defined in 48 C.F.R.
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2.101 (Oct. 1995), consisting of commercial computer software (as that term is
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defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial computer software
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documentation as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
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Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire Covered Software with only
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those rights set forth herein. This U.S. Government Rights clause is in lieu of,
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and supersedes, any other FAR, DFAR, or other clause or provision that addresses
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Government rights in computer software under this License.
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject matter hereof.
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If any provision of this License is held to be unenforceable, such provision
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shall be reformed only to the extent necessary to make it enforceable. This
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License shall be governed by the law of the jurisdiction specified in a notice
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contained within the Original Software (except to the extent applicable law, if
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any, provides otherwise), excluding such jurisdictions conflict-of-law
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provisions. Any litigation relating to this License shall be subject to the
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jurisdiction of the courts located in the jurisdiction and venue specified in a
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notice contained within the Original Software, with the losing party responsible
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for costs, including, without limitation, court costs and reasonable attorneys
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fees and expenses. The application of the United Nations Convention on Contracts
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for the International Sale of Goods is expressly excluded. Any law or regulation
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which provides that the language of a contract shall be construed against the
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drafter shall not apply to this License. You agree that You alone are
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responsible for compliance with the United States export administration
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regulations (and the export control laws and regulation of any other countries)
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when You use, distribute or otherwise make available any Covered Software.
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10. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is responsible for
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claims and damages arising, directly or indirectly, out of its utilization of
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rights under this License and You agree to work with Initial Developer and
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Contributors to distribute such responsibility on an equitable basis. Nothing
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herein is intended or shall be deemed to constitute any admission of liability.
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