385 lines
20 KiB
Plaintext
385 lines
20 KiB
Plaintext
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
|
||
|
||
|
||
1. Definitions.
|
||
|
||
1.1. "Contributor" means each individual or entity that
|
||
creates or contributes to the creation of Modifications.
|
||
|
||
1.2. "Contributor Version" means the combination of the
|
||
Original Software, prior Modifications used by a
|
||
Contributor (if any), and the Modifications made by that
|
||
particular Contributor.
|
||
|
||
1.3. "Covered Software" means (a) the Original Software, or
|
||
(b) Modifications, or (c) the combination of files
|
||
containing Original Software with files containing
|
||
Modifications, in each case including portions thereof.
|
||
|
||
1.4. "Executable" means the Covered Software in any form
|
||
other than Source Code.
|
||
|
||
1.5. "Initial Developer" means the individual or entity
|
||
that first makes Original Software available under this
|
||
License.
|
||
|
||
1.6. "Larger Work" means a work which combines Covered
|
||
Software or portions thereof with code not governed by the
|
||
terms of this License.
|
||
|
||
1.7. "License" means this document.
|
||
|
||
1.8. "Licensable" means having the right to grant, to the
|
||
maximum extent possible, whether at the time of the initial
|
||
grant or subsequently acquired, any and all of the rights
|
||
conveyed herein.
|
||
|
||
1.9. "Modifications" means the Source Code and Executable
|
||
form of any of the following:
|
||
|
||
A. Any file that results from an addition to,
|
||
deletion from or modification of the contents of a
|
||
file containing Original Software or previous
|
||
Modifications;
|
||
|
||
B. Any new file that contains any part of the
|
||
Original Software or previous Modification; or
|
||
|
||
C. Any new file that is contributed or otherwise made
|
||
available under the terms of this License.
|
||
|
||
1.10. "Original Software" means the Source Code and
|
||
Executable form of computer software code that is
|
||
originally released under this License.
|
||
|
||
1.11. "Patent Claims" means any patent claim(s), now owned
|
||
or hereafter acquired, including without limitation,
|
||
method, process, and apparatus claims, in any patent
|
||
Licensable by grantor.
|
||
|
||
1.12. "Source Code" means (a) the common form of computer
|
||
software code in which modifications are made and (b)
|
||
associated documentation included in or with such code.
|
||
|
||
1.13. "You" (or "Your") means an individual or a legal
|
||
entity exercising rights under, and complying with all of
|
||
the terms of, this License. For legal entities, "You"
|
||
includes any entity which controls, is controlled by, or is
|
||
under common control with You. For purposes of this
|
||
definition, "control" means (a) the power, direct or
|
||
indirect, to cause the direction or management of such
|
||
entity, whether by contract or otherwise, or (b) ownership
|
||
of more than fifty percent (50%) of the outstanding shares
|
||
or beneficial ownership of such entity.
|
||
|
||
2. License Grants.
|
||
|
||
2.1. The Initial Developer Grant.
|
||
|
||
Conditioned upon Your compliance with Section 3.1 below and
|
||
subject to third party intellectual property claims, the
|
||
Initial Developer hereby grants You a world-wide,
|
||
royalty-free, non-exclusive license:
|
||
|
||
(a) under intellectual property rights (other than
|
||
patent or trademark) Licensable by Initial Developer,
|
||
to use, reproduce, modify, display, perform,
|
||
sublicense and distribute the Original Software (or
|
||
portions thereof), with or without Modifications,
|
||
and/or as part of a Larger Work; and
|
||
|
||
(b) under Patent Claims infringed by the making,
|
||
using or selling of Original Software, to make, have
|
||
made, use, practice, sell, and offer for sale, and/or
|
||
otherwise dispose of the Original Software (or
|
||
portions thereof).
|
||
|
||
(c) The licenses granted in Sections 2.1(a) and (b)
|
||
are effective on the date Initial Developer first
|
||
distributes or otherwise makes the Original Software
|
||
available to a third party under the terms of this
|
||
License.
|
||
|
||
(d) Notwithstanding Section 2.1(b) above, no patent
|
||
license is granted: (1) for code that You delete from
|
||
the Original Software, or (2) for infringements
|
||
caused by: (i) the modification of the Original
|
||
Software, or (ii) the combination of the Original
|
||
Software with other software or devices.
|
||
|
||
2.2. Contributor Grant.
|
||
|
||
Conditioned upon Your compliance with Section 3.1 below and
|
||
subject to third party intellectual property claims, each
|
||
Contributor hereby grants You a world-wide, royalty-free,
|
||
non-exclusive license:
|
||
|
||
(a) under intellectual property rights (other than
|
||
patent or trademark) Licensable by Contributor to
|
||
use, reproduce, modify, display, perform, sublicense
|
||
and distribute the Modifications created by such
|
||
Contributor (or portions thereof), either on an
|
||
unmodified basis, with other Modifications, as
|
||
Covered Software and/or as part of a Larger Work; and
|
||
|
||
|
||
(b) under Patent Claims infringed by the making,
|
||
using, or selling of Modifications made by that
|
||
Contributor either alone and/or in combination with
|
||
its Contributor Version (or portions of such
|
||
combination), to make, use, sell, offer for sale,
|
||
have made, and/or otherwise dispose of: (1)
|
||
Modifications made by that Contributor (or portions
|
||
thereof); and (2) the combination of Modifications
|
||
made by that Contributor with its Contributor Version
|
||
(or portions of such combination).
|
||
|
||
(c) The licenses granted in Sections 2.2(a) and
|
||
2.2(b) are effective on the date Contributor first
|
||
distributes or otherwise makes the Modifications
|
||
available to a third party.
|
||
|
||
(d) Notwithstanding Section 2.2(b) above, no patent
|
||
license is granted: (1) for any code that Contributor
|
||
has deleted from the Contributor Version; (2) for
|
||
infringements caused by: (i) third party
|
||
modifications of Contributor Version, or (ii) the
|
||
combination of Modifications made by that Contributor
|
||
with other software (except as part of the
|
||
Contributor Version) or other devices; or (3) under
|
||
Patent Claims infringed by Covered Software in the
|
||
absence of Modifications made by that Contributor.
|
||
|
||
3. Distribution Obligations.
|
||
|
||
3.1. Availability of Source Code.
|
||
|
||
Any Covered Software that You distribute or otherwise make
|
||
available in Executable form must also be made available in
|
||
Source Code form and that Source Code form must be
|
||
distributed only under the terms of this License. You must
|
||
include a copy of this License with every copy of the
|
||
Source Code form of the Covered Software You distribute or
|
||
otherwise make available. You must inform recipients of any
|
||
such Covered Software in Executable form as to how they can
|
||
obtain such Covered Software in Source Code form in a
|
||
reasonable manner on or through a medium customarily used
|
||
for software exchange.
|
||
|
||
3.2. Modifications.
|
||
|
||
The Modifications that You create or to which You
|
||
contribute are governed by the terms of this License. You
|
||
represent that You believe Your Modifications are Your
|
||
original creation(s) and/or You have sufficient rights to
|
||
grant the rights conveyed by this License.
|
||
|
||
3.3. Required Notices.
|
||
|
||
You must include a notice in each of Your Modifications
|
||
that identifies You as the Contributor of the Modification.
|
||
You may not remove or alter any copyright, patent or
|
||
trademark notices contained within the Covered Software, or
|
||
any notices of licensing or any descriptive text giving
|
||
attribution to any Contributor or the Initial Developer.
|
||
|
||
3.4. Application of Additional Terms.
|
||
|
||
You may not offer or impose any terms on any Covered
|
||
Software in Source Code form that alters or restricts the
|
||
applicable version of this License or the recipients<74>
|
||
rights hereunder. You may choose to offer, and to charge a
|
||
fee for, warranty, support, indemnity or liability
|
||
obligations to one or more recipients of Covered Software.
|
||
However, you may do so only on Your own behalf, and not on
|
||
behalf of the Initial Developer or any Contributor. You
|
||
must make it absolutely clear that any such warranty,
|
||
support, indemnity or liability obligation is offered by
|
||
You alone, and You hereby agree to indemnify the Initial
|
||
Developer and every Contributor for any liability incurred
|
||
by the Initial Developer or such Contributor as a result of
|
||
warranty, support, indemnity or liability terms You offer.
|
||
|
||
|
||
3.5. Distribution of Executable Versions.
|
||
|
||
You may distribute the Executable form of the Covered
|
||
Software under the terms of this License or under the terms
|
||
of a license of Your choice, which may contain terms
|
||
different from this License, provided that You are in
|
||
compliance with the terms of this License and that the
|
||
license for the Executable form does not attempt to limit
|
||
or alter the recipient<6E>s rights in the Source Code form
|
||
from the rights set forth in this License. If You
|
||
distribute the Covered Software in Executable form under a
|
||
different license, You must make it absolutely clear that
|
||
any terms which differ from this License are offered by You
|
||
alone, not by the Initial Developer or Contributor. You
|
||
hereby agree to indemnify the Initial Developer and every
|
||
Contributor for any liability incurred by the Initial
|
||
Developer or such Contributor as a result of any such terms
|
||
You offer.
|
||
|
||
3.6. Larger Works.
|
||
|
||
You may create a Larger Work by combining Covered Software
|
||
with other code not governed by the terms of this License
|
||
and distribute the Larger Work as a single product. In such
|
||
a case, You must make sure the requirements of this License
|
||
are fulfilled for the Covered Software.
|
||
|
||
4. Versions of the License.
|
||
|
||
4.1. New Versions.
|
||
|
||
Sun Microsystems, Inc. is the initial license steward and
|
||
may publish revised and/or new versions of this License
|
||
from time to time. Each version will be given a
|
||
distinguishing version number. Except as provided in
|
||
Section 4.3, no one other than the license steward has the
|
||
right to modify this License.
|
||
|
||
4.2. Effect of New Versions.
|
||
|
||
You may always continue to use, distribute or otherwise
|
||
make the Covered Software available under the terms of the
|
||
version of the License under which You originally received
|
||
the Covered Software. If the Initial Developer includes a
|
||
notice in the Original Software prohibiting it from being
|
||
distributed or otherwise made available under any
|
||
subsequent version of the License, You must distribute and
|
||
make the Covered Software available under the terms of the
|
||
version of the License under which You originally received
|
||
the Covered Software. Otherwise, You may also choose to
|
||
use, distribute or otherwise make the Covered Software
|
||
available under the terms of any subsequent version of the
|
||
License published by the license steward.
|
||
|
||
4.3. Modified Versions.
|
||
|
||
When You are an Initial Developer and You want to create a
|
||
new license for Your Original Software, You may create and
|
||
use a modified version of this License if You: (a) rename
|
||
the license and remove any references to the name of the
|
||
license steward (except to note that the license differs
|
||
from this License); and (b) otherwise make it clear that
|
||
the license contains terms which differ from this License.
|
||
|
||
|
||
5. DISCLAIMER OF WARRANTY.
|
||
|
||
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
|
||
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
|
||
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
|
||
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
|
||
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
|
||
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
|
||
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
|
||
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
|
||
ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
|
||
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
|
||
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
||
DISCLAIMER.
|
||
|
||
6. TERMINATION.
|
||
|
||
6.1. This License and the rights granted hereunder will
|
||
terminate automatically if You fail to comply with terms
|
||
herein and fail to cure such breach within 30 days of
|
||
becoming aware of the breach. Provisions which, by their
|
||
nature, must remain in effect beyond the termination of
|
||
this License shall survive.
|
||
|
||
6.2. If You assert a patent infringement claim (excluding
|
||
declaratory judgment actions) against Initial Developer or
|
||
a Contributor (the Initial Developer or Contributor against
|
||
whom You assert such claim is referred to as "Participant")
|
||
alleging that the Participant Software (meaning the
|
||
Contributor Version where the Participant is a Contributor
|
||
or the Original Software where the Participant is the
|
||
Initial Developer) directly or indirectly infringes any
|
||
patent, then any and all rights granted directly or
|
||
indirectly to You by such Participant, the Initial
|
||
Developer (if the Initial Developer is not the Participant)
|
||
and all Contributors under Sections 2.1 and/or 2.2 of this
|
||
License shall, upon 60 days notice from Participant
|
||
terminate prospectively and automatically at the expiration
|
||
of such 60 day notice period, unless if within such 60 day
|
||
period You withdraw Your claim with respect to the
|
||
Participant Software against such Participant either
|
||
unilaterally or pursuant to a written agreement with
|
||
Participant.
|
||
|
||
6.3. In the event of termination under Sections 6.1 or 6.2
|
||
above, all end user licenses that have been validly granted
|
||
by You or any distributor hereunder prior to termination
|
||
(excluding licenses granted to You by any distributor)
|
||
shall survive termination.
|
||
|
||
7. LIMITATION OF LIABILITY.
|
||
|
||
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
|
||
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
|
||
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
|
||
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
|
||
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
|
||
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
|
||
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
|
||
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
|
||
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
|
||
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
|
||
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
|
||
INJURY RESULTING FROM SUCH PARTY<54>S NEGLIGENCE TO THE EXTENT
|
||
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
|
||
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
|
||
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
|
||
APPLY TO YOU.
|
||
|
||
8. U.S. GOVERNMENT END USERS.
|
||
|
||
The Covered Software is a "commercial item," as that term is
|
||
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
|
||
computer software" (as that term is defined at 48 C.F.R. <20>
|
||
252.227-7014(a)(1)) and "commercial computer software
|
||
documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
|
||
1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
|
||
through 227.7202-4 (June 1995), all U.S. Government End Users
|
||
acquire Covered Software with only those rights set forth herein.
|
||
This U.S. Government Rights clause is in lieu of, and supersedes,
|
||
any other FAR, DFAR, or other clause or provision that addresses
|
||
Government rights in computer software under this License.
|
||
|
||
9. MISCELLANEOUS.
|
||
|
||
This License represents the complete agreement concerning subject
|
||
matter hereof. If any provision of this License is held to be
|
||
unenforceable, such provision shall be reformed only to the
|
||
extent necessary to make it enforceable. This License shall be
|
||
governed by the law of the jurisdiction specified in a notice
|
||
contained within the Original Software (except to the extent
|
||
applicable law, if any, provides otherwise), excluding such
|
||
jurisdiction<6F>s conflict-of-law provisions. Any litigation
|
||
relating to this License shall be subject to the jurisdiction of
|
||
the courts located in the jurisdiction and venue specified in a
|
||
notice contained within the Original Software, with the losing
|
||
party responsible for costs, including, without limitation, court
|
||
costs and reasonable attorneys<79> 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.
|