1
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
5
1.1. "Contributor" means each individual or entity that creates
6
or contributes to the creation of Modifications.
8
1.2. "Contributor Version" means the combination of the Original
9
Software, prior Modifications used by a Contributor (if any),
10
and the Modifications made by that particular Contributor.
12
1.3. "Covered Software" means (a) the Original Software, or (b)
13
Modifications, or (c) the combination of files containing
14
Original Software with files containing Modifications, in
15
each case including portions thereof.
17
1.4. "Executable" means the Covered Software in any form other
20
1.5. "Initial Developer" means the individual or entity that first
21
makes Original Software available under this License.
23
1.6. "Larger Work" means a work which combines Covered Software or
24
portions thereof with code not governed by the terms of this
27
1.7. "License" means this document.
29
1.8. "Licensable" means having the right to grant, to the maximum
30
extent possible, whether at the time of the initial grant or
31
subsequently acquired, any and all of the rights conveyed
34
1.9. "Modifications" means the Source Code and Executable form of
37
A. Any file that results from an addition to, deletion from or
38
modification of the contents of a file containing Original
39
Software or previous Modifications;
41
B. Any new file that contains any part of the Original
42
Software or previous Modifications; or
44
C. Any new file that is contributed or otherwise made
45
available under the terms of this License.
47
1.10. "Original Software" means the Source Code and Executable
48
form of computer software code that is originally released
51
1.11. "Patent Claims" means any patent claim(s), now owned or
52
hereafter acquired, including without limitation, method,
53
process, and apparatus claims, in any patent Licensable by
56
1.12. "Source Code" means (a) the common form of computer software
57
code in which modifications are made and (b) associated
58
documentation included in or with such code.
60
1.13. "You" (or "Your") means an individual or a legal entity
61
exercising rights under, and complying with all of the terms
62
of, this License. For legal entities, "You" includes any
63
entity which controls, is controlled by, or is under common
64
control with You. For purposes of this definition,
65
"control" means (a) the power, direct or indirect, to cause
66
the direction or management of such entity, whether by
67
contract or otherwise, or (b) ownership of more than fifty
68
percent (50%) of the outstanding shares or beneficial
69
ownership of such entity.
73
2.1. The Initial Developer Grant.
75
Conditioned upon Your compliance with Section 3.1 below and
76
subject to third party intellectual property claims, the Initial
77
Developer hereby grants You a world-wide, royalty-free,
78
non-exclusive license:
80
(a) under intellectual property rights (other than patent or
81
trademark) Licensable by Initial Developer, to use,
82
reproduce, modify, display, perform, sublicense and
83
distribute the Original Software (or portions thereof),
84
with or without Modifications, and/or as part of a Larger
87
(b) under Patent Claims infringed by the making, using or
88
selling of Original Software, to make, have made, use,
89
practice, sell, and offer for sale, and/or otherwise
90
dispose of the Original Software (or portions thereof).
92
(c) The licenses granted in Sections 2.1(a) and (b) are
93
effective on the date Initial Developer first distributes
94
or otherwise makes the Original Software available to a
95
third party under the terms of this License.
97
(d) Notwithstanding Section 2.1(b) above, no patent license is
98
granted: (1) for code that You delete from the Original
99
Software, or (2) for infringements caused by: (i) the
100
modification of the Original Software, or (ii) the
101
combination of the Original Software with other software
104
2.2. Contributor Grant.
106
Conditioned upon Your compliance with Section 3.1 below and
107
subject to third party intellectual property claims, each
108
Contributor hereby grants You a world-wide, royalty-free,
109
non-exclusive license:
111
(a) under intellectual property rights (other than patent or
112
trademark) Licensable by Contributor to use, reproduce,
113
modify, display, perform, sublicense and distribute the
114
Modifications created by such Contributor (or portions
115
thereof), either on an unmodified basis, with other
116
Modifications, as Covered Software and/or as part of a
119
(b) under Patent Claims infringed by the making, using, or
120
selling of Modifications made by that Contributor either
121
alone and/or in combination with its Contributor Version
122
(or portions of such combination), to make, use, sell,
123
offer for sale, have made, and/or otherwise dispose of:
124
(1) Modifications made by that Contributor (or portions
125
thereof); and (2) the combination of Modifications made by
126
that Contributor with its Contributor Version (or portions
127
of such combination).
129
(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
130
effective on the date Contributor first distributes or
131
otherwise makes the Modifications available to a third
134
(d) Notwithstanding Section 2.2(b) above, no patent license is
135
granted: (1) for any code that Contributor has deleted
136
from the Contributor Version; (2) for infringements caused
137
by: (i) third party modifications of Contributor Version,
138
or (ii) the combination of Modifications made by that
139
Contributor with other software (except as part of the
140
Contributor Version) or other devices; or (3) under Patent
141
Claims infringed by Covered Software in the absence of
142
Modifications made by that Contributor.
144
3. Distribution Obligations.
146
3.1. Availability of Source Code.
148
Any Covered Software that You distribute or otherwise make
149
available in Executable form must also be made available in Source
150
Code form and that Source Code form must be distributed only under
151
the terms of this License. You must include a copy of this
152
License with every copy of the Source Code form of the Covered
153
Software You distribute or otherwise make available. You must
154
inform recipients of any such Covered Software in Executable form
155
as to how they can obtain such Covered Software in Source Code
156
form in a reasonable manner on or through a medium customarily
157
used for software exchange.
161
The Modifications that You create or to which You contribute are
162
governed by the terms of this License. You represent that You
163
believe Your Modifications are Your original creation(s) and/or
164
You have sufficient rights to grant the rights conveyed by this
167
3.3. Required Notices.
169
You must include a notice in each of Your Modifications that
170
identifies You as the Contributor of the Modification. You may
171
not remove or alter any copyright, patent or trademark notices
172
contained within the Covered Software, or any notices of licensing
173
or any descriptive text giving attribution to any Contributor or
174
the Initial Developer.
176
3.4. Application of Additional Terms.
178
You may not offer or impose any terms on any Covered Software in
179
Source Code form that alters or restricts the applicable version
180
of this License or the recipients' rights hereunder. You may
181
choose to offer, and to charge a fee for, warranty, support,
182
indemnity or liability obligations to one or more recipients of
183
Covered Software. However, you may do so only on Your own behalf,
184
and not on behalf of the Initial Developer or any Contributor.
185
You must make it absolutely clear that any such warranty, support,
186
indemnity or liability obligation is offered by You alone, and You
187
hereby agree to indemnify the Initial Developer and every
188
Contributor for any liability incurred by the Initial Developer or
189
such Contributor as a result of warranty, support, indemnity or
190
liability terms You offer.
192
3.5. Distribution of Executable Versions.
194
You may distribute the Executable form of the Covered Software
195
under the terms of this License or under the terms of a license of
196
Your choice, which may contain terms different from this License,
197
provided that You are in compliance with the terms of this License
198
and that the license for the Executable form does not attempt to
199
limit or alter the recipient's rights in the Source Code form from
200
the rights set forth in this License. If You distribute the
201
Covered Software in Executable form under a different license, You
202
must make it absolutely clear that any terms which differ from
203
this License are offered by You alone, not by the Initial
204
Developer or Contributor. You hereby agree to indemnify the
205
Initial Developer and every Contributor for any liability incurred
206
by the Initial Developer or such Contributor as a result of any
207
such terms You offer.
211
You may create a Larger Work by combining Covered Software with
212
other code not governed by the terms of this License and
213
distribute the Larger Work as a single product. In such a case,
214
You must make sure the requirements of this License are fulfilled
215
for the Covered Software.
217
4. Versions of the License.
221
Sun Microsystems, Inc. is the initial license steward and may
222
publish revised and/or new versions of this License from time to
223
time. Each version will be given a distinguishing version number.
224
Except as provided in Section 4.3, no one other than the license
225
steward has the right to modify this License.
227
4.2. Effect of New Versions.
229
You may always continue to use, distribute or otherwise make the
230
Covered Software available under the terms of the version of the
231
License under which You originally received the Covered Software.
232
If the Initial Developer includes a notice in the Original
233
Software prohibiting it from being distributed or otherwise made
234
available under any subsequent version of the License, You must
235
distribute and make the Covered Software available under the terms
236
of the version of the License under which You originally received
237
the Covered Software. Otherwise, You may also choose to use,
238
distribute or otherwise make the Covered Software available under
239
the terms of any subsequent version of the License published by
242
4.3. Modified Versions.
244
When You are an Initial Developer and You want to create a new
245
license for Your Original Software, You may create and use a
246
modified version of this License if You: (a) rename the license
247
and remove any references to the name of the license steward
248
(except to note that the license differs from this License); and
249
(b) otherwise make it clear that the license contains terms which
250
differ from this License.
252
5. DISCLAIMER OF WARRANTY.
254
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
255
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
256
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
257
SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
258
PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
259
PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
260
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
261
INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
262
NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
263
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
264
ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
269
6.1. This License and the rights granted hereunder will terminate
270
automatically if You fail to comply with terms herein and fail to
271
cure such breach within 30 days of becoming aware of the breach.
272
Provisions which, by their nature, must remain in effect beyond
273
the termination of this License shall survive.
275
6.2. If You assert a patent infringement claim (excluding
276
declaratory judgment actions) against Initial Developer or a
277
Contributor (the Initial Developer or Contributor against whom You
278
assert such claim is referred to as "Participant") alleging that
279
the Participant Software (meaning the Contributor Version where
280
the Participant is a Contributor or the Original Software where
281
the Participant is the Initial Developer) directly or indirectly
282
infringes any patent, then any and all rights granted directly or
283
indirectly to You by such Participant, the Initial Developer (if
284
the Initial Developer is not the Participant) and all Contributors
285
under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
286
notice from Participant terminate prospectively and automatically
287
at the expiration of such 60 day notice period, unless if within
288
such 60 day period You withdraw Your claim with respect to the
289
Participant Software against such Participant either unilaterally
290
or pursuant to a written agreement with Participant.
292
6.3. In the event of termination under Sections 6.1 or 6.2 above,
293
all end user licenses that have been validly granted by You or any
294
distributor hereunder prior to termination (excluding licenses
295
granted to You by any distributor) shall survive termination.
297
7. LIMITATION OF LIABILITY.
299
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
300
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
301
INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
302
COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
303
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
304
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
305
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
306
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
307
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
308
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
309
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
310
INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
311
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
312
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
313
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
316
8. U.S. GOVERNMENT END USERS.
318
The Covered Software is a "commercial item," as that term is
319
defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
320
computer software" (as that term is defined at 48
321
C.F.R. 252.227-7014(a)(1)) and "commercial computer software
322
documentation" as such terms are used in 48 C.F.R. 12.212
323
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
324
C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
325
U.S. Government End Users acquire Covered Software with only those
326
rights set forth herein. This U.S. Government Rights clause is in
327
lieu of, and supersedes, any other FAR, DFAR, or other clause or
328
provision that addresses Government rights in computer software
333
This License represents the complete agreement concerning subject
334
matter hereof. If any provision of this License is held to be
335
unenforceable, such provision shall be reformed only to the extent
336
necessary to make it enforceable. This License shall be governed
337
by the law of the jurisdiction specified in a notice contained
338
within the Original Software (except to the extent applicable law,
339
if any, provides otherwise), excluding such jurisdiction's
340
conflict-of-law provisions. Any litigation relating to this
341
License shall be subject to the jurisdiction of the courts located
342
in the jurisdiction and venue specified in a notice contained
343
within the Original Software, with the losing party responsible
344
for costs, including, without limitation, court costs and
345
reasonable attorneys' fees and expenses. The application of the
346
United Nations Convention on Contracts for the International Sale
347
of Goods is expressly excluded. Any law or regulation which
348
provides that the language of a contract shall be construed
349
against the drafter shall not apply to this License. You agree
350
that You alone are responsible for compliance with the United
351
States export administration regulations (and the export control
352
laws and regulation of any other countries) when You use,
353
distribute or otherwise make available any Covered Software.
355
10. RESPONSIBILITY FOR CLAIMS.
357
As between Initial Developer and the Contributors, each party is
358
responsible for claims and damages arising, directly or
359
indirectly, out of its utilization of rights under this License
360
and You agree to work with Initial Developer and Contributors to
361
distribute such responsibility on an equitable basis. Nothing
362
herein is intended or shall be deemed to constitute any admission
365
--------------------------------------------------------------------
367
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
368
DISTRIBUTION LICENSE (CDDL)
370
For Covered Software in this distribution, this License shall
371
be governed by the laws of the State of California (excluding
372
conflict-of-law provisions).
374
Any litigation relating to this License shall be subject to the
375
jurisdiction of the Federal Courts of the Northern District of
376
California and the state courts of the State of California, with
377
venue lying in Santa Clara County, California.