1 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
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2 | |
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3 | 1. Definitions. |
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4 | |
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5 | 1.1. Contributor means each individual or entity that creates or |
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6 | contributes to the creation of Modifications. |
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7 | |
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8 | 1.2. Contributor Version means the combination of the Original |
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9 | Software, prior Modifications used by a Contributor (if any), |
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10 | and the Modifications made by that particular Contributor. |
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11 | |
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12 | 1.3. Covered Software means (a) the Original Software, or (b) |
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13 | Modifications, or (c) the combination of files containing |
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14 | Original Software with files containing Modifications, in each |
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15 | case including portions thereof. |
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16 | |
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17 | 1.4. Executable means the Covered Software in any form other |
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18 | than Source Code. |
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19 | |
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20 | 1.5. Initial Developer means the individual or entity that first |
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21 | makes Original Software available under this License. |
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22 | |
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23 | 1.6. Larger Workmeans a work which combines Covered Software or |
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24 | portions thereof with code not governed by the terms of this |
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25 | License. |
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26 | |
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27 | 1.7. License means this document. |
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28 | |
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29 | 1.8. Licensable means having the right to grant, to the maximum |
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30 | extent possible, whether at the time of the initial grant or |
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31 | subsequently acquired, any and all of the rights conveyed herein. |
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32 | |
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33 | 1.9. Modifications means the Source Code and Executable form of |
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34 | any of the following: A. Any file that results from an addition |
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35 | to, deletion from or modification of the contents of a file |
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36 | containing Original Software or previous Modifications; B. Any |
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37 | new file that contains any part of the Original Software or |
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38 | previous Modification; or C. Any new file that is contributed or |
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39 | otherwise made available under the terms of this License. |
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40 | |
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41 | 1.10. Original Software means the Source Code and Executable |
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42 | form of computer software code that is originally released under |
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43 | this License. |
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44 | |
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45 | 1.11. Patent Claims means any patent claim(s), now owned or |
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46 | hereafter acquired, including without limitation, method, |
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47 | process, and apparatus claims, in any patent Licensable by |
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48 | grantor. |
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49 | |
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50 | 1.12. Source Code means (a) the common form of computer software |
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51 | code in which modifications are made and (b) associated |
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52 | documentation included in or with such code. |
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53 | |
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54 | 1.13. You (or Your) means an individual or a legal entity |
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55 | exercising rights under, and complying with all of the terms of, |
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56 | this License. For legal entities, You includes any entity which |
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57 | controls, is controlled by, or is under common control with You. |
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58 | For purposes of this definition, control means (a) the power, |
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59 | direct or indirect, to cause the direction or management of such |
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60 | entity, whether by contract or otherwise, or (b) ownership of |
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61 | more than fifty percent (50%) of the outstanding shares or |
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62 | beneficial ownership of such entity. |
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63 | |
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64 | 2. License Grants. |
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65 | |
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66 | 2.1. The Initial Developer Grant. Conditioned upon Your |
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67 | compliance with Section 3.1 below and subject to third party |
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68 | intellectual property claims, the Initial Developer hereby |
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69 | grants You a world-wide, royalty-free, non-exclusive license: |
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70 | |
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71 | (a) under intellectual property rights (other than patent or |
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72 | trademark) Licensable by Initial Developer, to use, reproduce, |
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73 | modify, display, perform, sublicense and distribute the Original |
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74 | Software (or portions thereof), with or without Modifications, |
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75 | and/or as part of a Larger Work; and |
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76 | |
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77 | (b) under Patent Claims infringed by the making, using or |
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78 | selling of Original Software, to make, have made, use, practice, |
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79 | sell, and offer for sale, and/or otherwise dispose of the |
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80 | Original Software (or portions thereof); |
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81 | |
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82 | (c) The licenses granted in Sections 2.1(a) and (b) are |
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83 | effective on the date Initial Developer first distributes or |
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84 | otherwise makes the Original Software available to a third party |
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85 | under the terms of this License; |
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86 | |
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87 | (d) Notwithstanding Section 2.1(b) above, no patent license is |
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88 | granted: (1) for code that You delete from the Original |
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89 | Software, or (2) for infringements caused by: (i) the |
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90 | modification of the Original Software, or (ii) the combination |
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91 | of the Original Software with other software or devices. |
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92 | |
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93 | 2.2. Contributor Grant. Conditioned upon Your compliance with |
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94 | Section 3.1 below and subject to third party intellectual |
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95 | property claims, each Contributor hereby grants You a |
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96 | world-wide, royalty-free, non-exclusive license: |
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97 | |
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98 | (a) under intellectual property rights (other than patent or |
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99 | trademark) Licensable by Contributor to use, reproduce, modify, |
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100 | display, perform, sublicense and distribute the Modifications |
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101 | created by such Contributor (or portions thereof), either on an |
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102 | unmodified basis, with other Modifications, as Covered Software |
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103 | and/or as part of a Larger Work; and |
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104 | |
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105 | (b) under Patent Claims infringed by the making, using, or |
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106 | selling of Modifications made by that Contributor either alone |
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107 | and/or in combination with its Contributor Version (or portions |
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108 | of such combination), to make, use, sell, offer for sale, have |
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109 | made, and/or otherwise dispose of: (1) Modifications made by |
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110 | that Contributor (or portions thereof); and (2) the combination |
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111 | of Modifications made by that Contributor with its Contributor |
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112 | Version (or portions of such combination). |
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113 | |
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114 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) |
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115 | areeffective on the date Contributor first distributes or |
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116 | otherwise makes the Modifications available to a third party. |
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117 | |
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118 | (d) Notwithstanding Section 2.2(b) above, no patent license is |
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119 | granted: (1) for any code that Contributor has deleted from the |
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120 | Contributor Version; (2) for infringements caused by: (i) third |
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121 | party modifications of Contributor Version, or (ii) the |
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122 | combination of Modifications made by that Contributor with other |
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123 | software (except as part of the Contributor Version) or other |
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124 | devices; or (3) under Patent Claims infringed by Covered |
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125 | Software in the absence of Modifications made by that |
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126 | Contributor. |
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127 | |
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128 | 3. Distribution Obligations. |
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129 | |
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130 | 3.1. Availability of Source Code. Any Covered Software that You |
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131 | distribute or otherwise make available in Executable form must |
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132 | also be made available in Source Code form and that Source Code |
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133 | form must be distributed only under the terms of this License. |
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134 | You must include a copy of this License with every copy of the |
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135 | Source Code form of the Covered Software You distribute or |
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136 | otherwise make available. You must inform recipients of any such |
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137 | Covered Software in Executable form as to how they can obtain |
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138 | such Covered Software in Source Code form in a reasonable manner |
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139 | on or through a medium customarily used for software exchange. |
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140 | |
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141 | 3.2. Modifications. The Modifications that You create or to |
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142 | which You contribute are governed by the terms of this License. |
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143 | You represent that You believe Your Modifications are Your |
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144 | original creation(s) and/or You have sufficient rights to grant |
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145 | the rights conveyed by this License. |
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146 | |
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147 | 3.3. Required Notices. You must include a notice in each of Your |
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148 | Modifications that identifies You as the Contributor of the |
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149 | Modification. You may not remove or alter any copyright, patent |
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150 | or trademark notices contained within the Covered Software, or |
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151 | any notices of licensing or any descriptive text giving |
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152 | attribution to any Contributor or the Initial Developer. |
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153 | |
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154 | 3.4. Application of Additional Terms. You may not offer or |
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155 | impose any terms on any Covered Software in Source Code form |
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156 | that alters or restricts the applicable version of this License |
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157 | or the recipients rights hereunder. You may choose to offer, and |
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158 | to charge a fee for, warranty, support, indemnity or liability |
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159 | obligations to one or more recipients of Covered |
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160 | Software. However, you may do so only on Your own behalf, and |
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161 | not on behalf of the Initial Developer or any Contributor. You |
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162 | must make it absolutely clear that any such warranty, support, |
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163 | indemnity or liability obligation is offered by You alone, and |
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164 | You hereby agree to indemnify the Initial Developer and every |
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165 | Contributor for any liability incurred by the Initial Developer |
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166 | or such Contributor as a result of warranty, support, indemnity |
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167 | or liability terms You offer. |
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168 | |
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169 | 3.5. Distribution of Executable Versions. You may distribute the |
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170 | Executable form of the Covered Software under the terms of this |
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171 | License or under the terms of a license of Your choice, which |
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172 | may contain terms different from this License, provided that You |
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173 | are in compliance with the terms of this License and that the |
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174 | license for the Executable form does not attempt to limit or |
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175 | alter the recipients rights in the Source Code form from the |
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176 | rights set forth in this License. If You distribute the Covered |
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177 | Software in Executable form under a different license, You must |
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178 | make it absolutely clear that any terms which differ from this |
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179 | License are offered by You alone, not by the Initial Developer |
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180 | or Contributor. You hereby agree to indemnify the Initial |
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181 | Developer and every Contributor for any liability incurred by |
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182 | the Initial Developer or such Contributor as a result of any |
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183 | such terms You offer. |
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184 | |
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185 | 3.6. Larger Works. You may create a Larger Work by combining |
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186 | Covered Software with other code not governed by the terms of |
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187 | this License and distribute the Larger Work as a single product. |
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188 | In such a case, You must make sure the requirements of this |
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189 | License are fulfilled for the Covered Software. |
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190 | |
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191 | 4. Versions of the License. |
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192 | |
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193 | 4.1. New Versions. Sun Microsystems, Inc. is the initial license |
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194 | steward and may publish revised and/or new versions of this |
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195 | License from time to time. Each version will be given a |
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196 | distinguishing version number. Except as provided in Section |
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197 | 4.3, no one other than the license steward has the right to |
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198 | modify this License. |
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199 | |
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200 | 4.2. Effect of New Versions. You may always continue to use, |
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201 | distribute or otherwise make the Covered Software available |
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202 | under the terms of the version of the License under which You |
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203 | originally received the Covered Software. If the Initial |
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204 | Developer includes a notice in the Original Software prohibiting |
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205 | it from being distributed or otherwise made available under any |
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206 | subsequent version of the License, You must distribute and make |
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207 | the Covered Software available under the terms of the version of |
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208 | the License under which You originally received the Covered |
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209 | Software. Otherwise, You may also choose to use, distribute or |
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210 | otherwise make the Covered Software available under the terms of |
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211 | any subsequent version of the License published by the license |
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212 | steward. |
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213 | |
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214 | 4.3. Modified Versions. When You are an Initial Developer and |
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215 | You want to create a new license for Your Original Software, You |
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216 | may create and use a modified version of this License if You: |
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217 | (a) rename the license and remove any references to the name of |
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218 | the license steward (except to note that the license differs |
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219 | from this License); and (b) otherwise make it clear that the |
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220 | license contains terms which differ from this License. |
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221 | |
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222 | 5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER |
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223 | THIS LICENSE ON AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, |
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224 | EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, |
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225 | WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, |
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226 | MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
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227 | THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
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228 | SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE |
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229 | DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY |
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230 | OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, |
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231 | REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
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232 | ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE |
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233 | IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
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234 | |
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235 | 6. TERMINATION. |
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236 | |
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237 | 6.1. This License and the rights granted hereunder will |
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238 | terminate automatically if You fail to comply with terms herein |
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239 | and fail to cure such breach within 30 days of becoming aware of |
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240 | the breach. Provisions which, by their nature, must remain in |
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241 | effect beyond the termination of this License shall survive. |
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242 | |
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243 | 6.2. If You assert a patent infringement claim (excluding |
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244 | declaratory judgment actions) against Initial Developer or a |
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245 | Contributor (the Initial Developer or Contributor against whom |
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246 | You assert such claim is referred to as Participant) alleging |
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247 | that the Participant Software (meaning the Contributor Version |
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248 | where the Participant is a Contributor or the Original Software |
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249 | where the Participant is the Initial Developer) directly or |
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250 | indirectly infringes any patent, then any and all rights granted |
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251 | directly or indirectly to You by such Participant, the Initial |
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252 | Developer (if the Initial Developer is not the Participant) and |
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253 | all Contributors under Sections 2.1 and/or 2.2 of this License |
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254 | shall, upon 60 days notice from Participant terminate |
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255 | prospectively and automatically at the expiration of such 60 day |
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256 | notice period, unless if within such 60 day period You withdraw |
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257 | Your claim with respect to the Participant Software against such |
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258 | Participant either unilaterally or pursuant to a written |
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259 | agreement with Participant. |
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260 | |
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261 | 6.3. In the event of termination under Sections 6.1 or 6.2 |
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262 | above, all end user licenses that have been validly granted by |
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263 | You or any distributor hereunder prior to termination (excluding |
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264 | licenses granted to You by any distributor) shall survive |
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265 | termination. |
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266 | |
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267 | 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO |
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268 | LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR |
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269 | OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER |
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270 | CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY |
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271 | SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY |
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272 | INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY |
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273 | CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
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274 | PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
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275 | MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, |
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276 | EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY |
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277 | OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO |
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278 | LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
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279 | PARTYS NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH |
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280 | LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
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281 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS |
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282 | EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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283 | |
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284 | 8. U.S. GOVERNMENT END USERS. The Covered Software is a |
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285 | commercial item, as that term is defined in 48 C.F.R. 2.101 |
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286 | (Oct. 1995), consisting of commercial computer software (as that |
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287 | term is defined at 48 C.F.R. 252.227-7014(a)(1)) and commercial |
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288 | computer software documentation as such terms are used in 48 |
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289 | C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and |
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290 | 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
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291 | U.S. Government End Users acquire Covered Software with only |
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292 | those rights set forth herein. This U.S. Government Rights |
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293 | clause is in lieu of, and supersedes, any other FAR, DFAR, or |
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294 | other clause or provision that addresses Government rights in |
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295 | computer software under this License. |
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296 | |
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297 | 9. MISCELLANEOUS. This License represents the complete agreement |
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298 | concerning subject matter hereof. If any provision of this |
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299 | License is held to be unenforceable, such provision shall be |
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300 | reformed only to the extent necessary to make it enforceable. |
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301 | This License shall be governed by the law of the jurisdiction |
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302 | specified in a notice contained within the Original Software |
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303 | (except to the extent applicable law, if any, provides |
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304 | otherwise), excluding such jurisdictions conflict-of-law |
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305 | provisions. Any litigation relating to this License shall be |
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306 | subject to the jurisdiction of the courts located in the |
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307 | jurisdiction and venue specified in a notice contained within |
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308 | the Original Software, with the losing party responsible for |
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309 | costs, including, without limitation, court costs and reasonable |
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310 | attorneys fees and expenses. The application of the United |
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311 | Nations Convention on Contracts for the International Sale of |
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312 | Goods is expressly excluded. Any law or regulation which |
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313 | provides that the language of a contract shall be construed |
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314 | against the drafter shall not apply to this License. You agree |
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315 | that You alone are responsible for compliance with the United |
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316 | States export administration regulations (and the export control |
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317 | laws and regulation of any other countries) when You use, |
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318 | distribute or otherwise make available any Covered Software. |
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319 | |
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320 | 10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and |
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321 | the Contributors, each party is responsible for claims and |
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322 | damages arising, directly or indirectly, out of its utilization |
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323 | of rights under this License and You agree to work with Initial |
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324 | Developer and Contributors to distribute such responsibility on |
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325 | an equitable basis. Nothing herein is intended or shall be |
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326 | deemed to constitute any admission of liability. |
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327 | |
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328 | ---------------------------------------------------------------- |
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329 | |
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330 | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
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331 | DISTRIBUTION LICENSE (CDDL): This code is released under the |
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332 | CDDL and shall be governed by the laws of the State of |
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333 | California (excluding conflict-of-law provisions). Any |
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334 | litigation relating to this License shall be subject to the |
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335 | jurisdiction of the Federal Courts of the Northern District of |
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336 | California and the state courts of the State of California, with |
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337 | venue lying in Santa Clara County, California. |
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338 | |
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339 | ---------------------------------------------------------------- |
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340 | |
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