2
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
6
1.1. "Contributor" means each individual or entity that creates
7
or contributes to the creation of Modifications.
9
1.2. "Contributor Version" means the combination of the Original
10
Software, prior Modifications used by a Contributor (if any),
11
and the Modifications made by that particular Contributor.
13
1.3. "Covered Software" means (a) the Original Software, or (b)
14
Modifications, or (c) the combination of files containing
15
Original Software with files containing Modifications, in
16
each case including portions thereof.
18
1.4. "Executable" means the Covered Software in any form other
21
1.5. "Initial Developer" means the individual or entity that first
22
makes Original Software available under this License.
24
1.6. "Larger Work" means a work which combines Covered Software or
25
portions thereof with code not governed by the terms of this
28
1.7. "License" means this document.
30
1.8. "Licensable" means having the right to grant, to the maximum
31
extent possible, whether at the time of the initial grant or
32
subsequently acquired, any and all of the rights conveyed
35
1.9. "Modifications" means the Source Code and Executable form of
38
A. Any file that results from an addition to, deletion from or
39
modification of the contents of a file containing Original
40
Software or previous Modifications;
42
B. Any new file that contains any part of the Original
43
Software or previous Modifications; or
45
C. Any new file that is contributed or otherwise made
46
available under the terms of this License.
48
1.10. "Original Software" means the Source Code and Executable
49
form of computer software code that is originally released
52
1.11. "Patent Claims" means any patent claim(s), now owned or
53
hereafter acquired, including without limitation, method,
54
process, and apparatus claims, in any patent Licensable by
57
1.12. "Source Code" means (a) the common form of computer software
58
code in which modifications are made and (b) associated
59
documentation included in or with such code.
61
1.13. "You" (or "Your") means an individual or a legal entity
62
exercising rights under, and complying with all of the terms
63
of, this License. For legal entities, "You" includes any
64
entity which controls, is controlled by, or is under common
65
control with You. For purposes of this definition,
66
"control" means (a) the power, direct or indirect, to cause
67
the direction or management of such entity, whether by
68
contract or otherwise, or (b) ownership of more than fifty
69
percent (50%) of the outstanding shares or beneficial
70
ownership of such entity.
74
2.1. The Initial Developer Grant.
76
Conditioned upon Your compliance with Section 3.1 below and
77
subject to third party intellectual property claims, the Initial
78
Developer hereby grants You a world-wide, royalty-free,
79
non-exclusive license:
81
(a) under intellectual property rights (other than patent or
82
trademark) Licensable by Initial Developer, to use,
83
reproduce, modify, display, perform, sublicense and
84
distribute the Original Software (or portions thereof),
85
with or without Modifications, and/or as part of a Larger
88
(b) under Patent Claims infringed by the making, using or
89
selling of Original Software, to make, have made, use,
90
practice, sell, and offer for sale, and/or otherwise
91
dispose of the Original Software (or portions thereof).
93
(c) The licenses granted in Sections 2.1(a) and (b) are
94
effective on the date Initial Developer first distributes
95
or otherwise makes the Original Software available to a
96
third party under the terms of this License.
98
(d) Notwithstanding Section 2.1(b) above, no patent license is
99
granted: (1) for code that You delete from the Original
100
Software, or (2) for infringements caused by: (i) the
101
modification of the Original Software, or (ii) the
102
combination of the Original Software with other software
105
2.2. Contributor Grant.
107
Conditioned upon Your compliance with Section 3.1 below and
108
subject to third party intellectual property claims, each
109
Contributor hereby grants You a world-wide, royalty-free,
110
non-exclusive license:
112
(a) under intellectual property rights (other than patent or
113
trademark) Licensable by Contributor to use, reproduce,
114
modify, display, perform, sublicense and distribute the
115
Modifications created by such Contributor (or portions
116
thereof), either on an unmodified basis, with other
117
Modifications, as Covered Software and/or as part of a
120
(b) under Patent Claims infringed by the making, using, or
121
selling of Modifications made by that Contributor either
122
alone and/or in combination with its Contributor Version
123
(or portions of such combination), to make, use, sell,
124
offer for sale, have made, and/or otherwise dispose of:
125
(1) Modifications made by that Contributor (or portions
126
thereof); and (2) the combination of Modifications made by
127
that Contributor with its Contributor Version (or portions
128
of such combination).
130
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
131
effective on the date Contributor first distributes or
132
otherwise makes the Modifications available to a third
135
(d) Notwithstanding Section 2.2(b) above, no patent license is
136
granted: (1) for any code that Contributor has deleted
137
from the Contributor Version; (2) for infringements caused
138
by: (i) third party modifications of Contributor Version,
139
or (ii) the combination of Modifications made by that
140
Contributor with other software (except as part of the
141
Contributor Version) or other devices; or (3) under Patent
142
Claims infringed by Covered Software in the absence of
143
Modifications made by that Contributor.
145
3. Distribution Obligations.
147
3.1. Availability of Source Code.
149
Any Covered Software that You distribute or otherwise make
150
available in Executable form must also be made available in Source
151
Code form and that Source Code form must be distributed only under
152
the terms of this License. You must include a copy of this
153
License with every copy of the Source Code form of the Covered
154
Software You distribute or otherwise make available. You must
155
inform recipients of any such Covered Software in Executable form
156
as to how they can obtain such Covered Software in Source Code
157
form in a reasonable manner on or through a medium customarily
158
used for software exchange.
162
The Modifications that You create or to which You contribute are
163
governed by the terms of this License. You represent that You
164
believe Your Modifications are Your original creation(s) and/or
165
You have sufficient rights to grant the rights conveyed by this
168
3.3. Required Notices.
170
You must include a notice in each of Your Modifications that
171
identifies You as the Contributor of the Modification. You may
172
not remove or alter any copyright, patent or trademark notices
173
contained within the Covered Software, or any notices of licensing
174
or any descriptive text giving attribution to any Contributor or
175
the Initial Developer.
177
3.4. Application of Additional Terms.
179
You may not offer or impose any terms on any Covered Software in
180
Source Code form that alters or restricts the applicable version
181
of this License or the recipients' rights hereunder. You may
182
choose to offer, and to charge a fee for, warranty, support,
183
indemnity or liability obligations to one or more recipients of
184
Covered Software. However, you may do so only on Your own behalf,
185
and not on behalf of the Initial Developer or any Contributor.
186
You must make it absolutely clear that any such warranty, support,
187
indemnity or liability obligation is offered by You alone, and You
188
hereby agree to indemnify the Initial Developer and every
189
Contributor for any liability incurred by the Initial Developer or
190
such Contributor as a result of warranty, support, indemnity or
191
liability terms You offer.
193
3.5. Distribution of Executable Versions.
195
You may distribute the Executable form of the Covered Software
196
under the terms of this License or under the terms of a license of
197
Your choice, which may contain terms different from this License,
198
provided that You are in compliance with the terms of this License
199
and that the license for the Executable form does not attempt to
200
limit or alter the recipient's rights in the Source Code form from
201
the rights set forth in this License. If You distribute the
202
Covered Software in Executable form under a different license, You
203
must make it absolutely clear that any terms which differ from
204
this License are offered by You alone, not by the Initial
205
Developer or Contributor. You hereby agree to indemnify the
206
Initial Developer and every Contributor for any liability incurred
207
by the Initial Developer or such Contributor as a result of any
208
such terms You offer.
212
You may create a Larger Work by combining Covered Software with
213
other code not governed by the terms of this License and
214
distribute the Larger Work as a single product. In such a case,
215
You must make sure the requirements of this License are fulfilled
216
for the Covered Software.
218
4. Versions of the License.
222
Sun Microsystems, Inc. is the initial license steward and may
223
publish revised and/or new versions of this License from time to
224
time. Each version will be given a distinguishing version number.
225
Except as provided in Section 4.3, no one other than the license
226
steward has the right to modify this License.
228
4.2. Effect of New Versions.
230
You may always continue to use, distribute or otherwise make the
231
Covered Software available under the terms of the version of the
232
License under which You originally received the Covered Software.
233
If the Initial Developer includes a notice in the Original
234
Software prohibiting it from being distributed or otherwise made
235
available under any subsequent version of the License, You must
236
distribute and make the Covered Software available under the terms
237
of the version of the License under which You originally received
238
the Covered Software. Otherwise, You may also choose to use,
239
distribute or otherwise make the Covered Software available under
240
the terms of any subsequent version of the License published by
243
4.3. Modified Versions.
245
When You are an Initial Developer and You want to create a new
246
license for Your Original Software, You may create and use a
247
modified version of this License if You: (a) rename the license
248
and remove any references to the name of the license steward
249
(except to note that the license differs from this License); and
250
(b) otherwise make it clear that the license contains terms which
251
differ from this License.
253
5. DISCLAIMER OF WARRANTY.
255
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
256
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
257
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
258
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
259
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
260
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
261
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
262
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
263
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
264
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
265
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
270
6.1. This License and the rights granted hereunder will terminate
271
automatically if You fail to comply with terms herein and fail to
272
cure such breach within 30 days of becoming aware of the breach.
273
Provisions which, by their nature, must remain in effect beyond
274
the termination of this License shall survive.
276
6.2. If You assert a patent infringement claim (excluding
277
declaratory judgment actions) against Initial Developer or a
278
Contributor (the Initial Developer or Contributor against whom You
279
assert such claim is referred to as "Participant") alleging that
280
the Participant Software (meaning the Contributor Version where
281
the Participant is a Contributor or the Original Software where
282
the Participant is the Initial Developer) directly or indirectly
283
infringes any patent, then any and all rights granted directly or
284
indirectly to You by such Participant, the Initial Developer (if
285
the Initial Developer is not the Participant) and all Contributors
286
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
287
notice from Participant terminate prospectively and automatically
288
at the expiration of such 60 day notice period, unless if within
289
such 60 day period You withdraw Your claim with respect to the
290
Participant Software against such Participant either unilaterally
291
or pursuant to a written agreement with Participant.
293
6.3. In the event of termination under Sections 6.1 or 6.2 above,
294
all end user licenses that have been validly granted by You or any
295
distributor hereunder prior to termination (excluding licenses
296
granted to You by any distributor) shall survive termination.
298
7. LIMITATION OF LIABILITY.
300
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
301
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
302
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
303
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
304
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
305
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
306
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
307
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
308
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
309
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
310
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
311
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
312
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
313
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
314
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
317
8. U.S. GOVERNMENT END USERS.
319
The Covered Software is a "commercial item," as that term is
320
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
321
computer software" (as that term is defined at 48
322
C.F.R. 252.227-7014(a)(1)) and "commercial computer software
323
documentation" as such terms are used in 48 C.F.R. 12.212
324
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
325
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
326
U.S. Government End Users acquire Covered Software with only those
327
rights set forth herein. This U.S. Government Rights clause is in
328
lieu of, and supersedes, any other FAR, DFAR, or other clause or
329
provision that addresses Government rights in computer software
334
This License represents the complete agreement concerning subject
335
matter hereof. If any provision of this License is held to be
336
unenforceable, such provision shall be reformed only to the extent
337
necessary to make it enforceable. This License shall be governed
338
by the law of the jurisdiction specified in a notice contained
339
within the Original Software (except to the extent applicable law,
340
if any, provides otherwise), excluding such jurisdiction's
341
conflict-of-law provisions. Any litigation relating to this
342
License shall be subject to the jurisdiction of the courts located
343
in the jurisdiction and venue specified in a notice contained
344
within the Original Software, with the losing party responsible
345
for costs, including, without limitation, court costs and
346
reasonable attorneys' fees and expenses. The application of the
347
United Nations Convention on Contracts for the International Sale
348
of Goods is expressly excluded. Any law or regulation which
349
provides that the language of a contract shall be construed
350
against the drafter shall not apply to this License. You agree
351
that You alone are responsible for compliance with the United
352
States export administration regulations (and the export control
353
laws and regulation of any other countries) when You use,
354
distribute or otherwise make available any Covered Software.
356
10. RESPONSIBILITY FOR CLAIMS.
358
As between Initial Developer and the Contributors, each party is
359
responsible for claims and damages arising, directly or
360
indirectly, out of its utilization of rights under this License
361
and You agree to work with Initial Developer and Contributors to
362
distribute such responsibility on an equitable basis. Nothing
363
herein is intended or shall be deemed to constitute any admission