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. S: 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.