path: root/licenses/CDDL

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' 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'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'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. § 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'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' 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.