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1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
3 1. Definitions.
5 1.1. Contributor means each individual or entity that creates or contributes to
6 the creation of Modifications.
8 1.2. Contributor Version means the combination of the Original Software, prior
9 Modifications used by a Contributor (if any), and the Modifications made by
10 that particular Contributor.
12 1.3. Covered Software means (a) the Original Software, or (b) Modifications, or
13 (c) the combination of files containing Original Software with files containing
14 Modifications, in each case including portions thereof.
16 1.4. Executable means the Covered Software in any form other than Source Code.
18 1.5. Initial Developer means the individual or entity that first makes Original
19 Software available under this License.
21 1.6. Larger Work means a work which combines Covered Software or portions
22 thereof with code not governed by the terms of this License.
24 1.7. License means this document.
26 1.8. Licensable means having the right to grant, to the maximum extent
27 possible, whether at the time of the initial grant or subsequently acquired,
28 any and all of the rights conveyed herein.
30 1.9. Modifications means the Source Code and Executable form of any of the
31 following: A. Any file that results from an addition to, deletion from or
32 modification of the contents of a file containing Original Software or previous
33 Modifications; B. Any new file that contains any part of the Original Software
34 or previous Modification; or C. Any new file that is contributed or otherwise
35 made available under the terms of this License.
37 1.10. Original Software means the Source Code and Executable form of computer
38 software code that is originally released under this License.
40 1.11. Patent Claims means any patent claim(s), now owned or hereafter acquired,
41 including without limitation, method, process, and apparatus claims, in any
42 patent Licensable by grantor.
44 1.12. Source Code means (a) the common form of computer software code in which
45 modifications are made and (b) associated documentation included in or with
46 such code.
48 1.13. You (or Your) means an individual or a legal entity exercising rights
49 under, and complying with all of the terms of, this License. For legal
50 entities, You includes any entity which controls, is controlled by, or is under
51 common control with You. For purposes of this definition, control means (a) the
52 power, direct or indirect, to cause the direction or management of such entity,
53 whether by contract or otherwise, or (b) ownership of more than fifty percent
54 (50%) of the outstanding shares or beneficial ownership of such entity.
56 2. License Grants.
58 2.1. The Initial Developer Grant. Conditioned upon Your compliance with Section
59 3.1 below and subject to third party intellectual property claims, the Initial
60 Developer hereby grants You a world-wide, royalty-free, non-exclusive license:
62 (a) under intellectual property rights (other than patent or trademark)
63 Licensable by Initial Developer, to use, reproduce, modify, display, perform,
64 sublicense and distribute the Original Software (or portions thereof), with or
65 without Modifications, and/or as part of a Larger Work; and
67 (b) under Patent Claims infringed by the making, using or selling of Original
68 Software, to make, have made, use, practice, sell, and offer for sale, and/or
69 otherwise dispose of the Original Software (or portions thereof);
71 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
72 Initial Developer first distributes or otherwise makes the Original Software
73 available to a third party under the terms of this License;
75 (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for
76 code that You delete from the Original Software, or (2) for infringements
77 caused by: (i) the modification of the Original Software, or (ii) the
78 combination of the Original Software with other software or devices.
80 2.2. Contributor Grant. Conditioned upon Your compliance with Section 3.1 below
81 and subject to third party intellectual property claims, each Contributor
82 hereby grants You a world-wide, royalty-free, non-exclusive license:
84 (a) under intellectual property rights (other than patent or trademark)
85 Licensable by Contributor to use, reproduce, modify, display, perform,
86 sublicense and distribute the Modifications created by such Contributor (or
87 portions thereof), either on an unmodified basis, with other Modifications, as
88 Covered Software and/or as part of a Larger Work; and
90 (b) under Patent Claims infringed by the making, using, or selling of
91 Modifications made by that Contributor either alone and/or in combination with
92 its Contributor Version (or portions of such combination), to make, use, sell,
93 offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
94 by that Contributor (or portions thereof); and (2) the combination of
95 Modifications made by that Contributor with its Contributor Version (or
96 portions of such combination).
98 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
99 date Contributor first distributes or otherwise makes the Modifications
100 available to a third party.
102 (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for
103 any code that Contributor has deleted from the Contributor Version; (2) for
104 infringements caused by: (i) third party modifications of Contributor Version,
105 or (ii) the combination of Modifications made by that Contributor with other
106 software (except as part of the Contributor Version) or other devices; or (3)
107 under Patent Claims infringed by Covered Software in the absence of
108 Modifications made by that Contributor.
110 3. Distribution Obligations.
112 3.1. Availability of Source Code. Any Covered Software that You distribute or
113 otherwise make available in Executable form must also be made available in
114 Source Code form and that Source Code form must be distributed only under the
115 terms of this License. You must include a copy of this License with every copy
116 of the Source Code form of the Covered Software You distribute or otherwise
117 make available. You must inform recipients of any such Covered Software in
118 Executable form as to how they can obtain such Covered Software in Source Code
119 form in a reasonable manner on or through a medium customarily used for
120 software exchange.
122 3.2. Modifications. The Modifications that You create or to which You
123 contribute are governed by the terms of this License. You represent that You
124 believe Your Modifications are Your original creation(s) and/or You have
125 sufficient rights to grant the rights conveyed by this License.
127 3.3. Required Notices. You must include a notice in each of Your Modifications
128 that identifies You as the Contributor of the Modification. You may not remove
129 or alter any copyright, patent or trademark notices contained within the
130 Covered Software, or any notices of licensing or any descriptive text giving
131 attribution to any Contributor or the Initial Developer.
133 3.4. Application of Additional Terms. You may not offer or impose any terms on
134 any Covered Software in Source Code form that alters or restricts the
135 applicable version of this License or the recipients rights hereunder. You may
136 choose to offer, and to charge a fee for, warranty, support, indemnity or
137 liability obligations to one or more recipients of Covered Software. However,
138 you may do so only on Your own behalf, and not on behalf of the Initial
139 Developer or any Contributor. You must make it absolutely clear that any such
140 warranty, support, indemnity or liability obligation is offered by You alone,
141 and You hereby agree to indemnify the Initial Developer and every Contributor
142 for any liability incurred by the Initial Developer or such Contributor as a
143 result of warranty, support, indemnity or liability terms You offer.
145 3.5. Distribution of Executable Versions. You may distribute the Executable
146 form of the Covered Software under the terms of this License or under the terms
147 of a license of Your choice, which may contain terms different from this
148 License, provided that You are in compliance with the terms of this License and
149 that the license for the Executable form does not attempt to limit or alter the
150 recipients rights in the Source Code form from the rights set forth in this
151 License. If You distribute the Covered Software in Executable form under a
152 different license, You must make it absolutely clear that any terms which
153 differ from this License are offered by You alone, not by the Initial Developer
154 or Contributor. You hereby agree to indemnify the Initial Developer and every
155 Contributor for any liability incurred by the Initial Developer or such
156 Contributor as a result of any such terms You offer.
158 3.6. Larger Works. You may create a Larger Work by combining Covered Software
159 with other code not governed by the terms of this License and distribute the
160 Larger Work as a single product. In such a case, You must make sure the
161 requirements of this License are fulfilled for the Covered Software.
163 4. Versions of the License.
165 4.1. New Versions. Sun Microsystems, Inc. is the initial license steward and
166 may publish revised and/or new versions of this License from time to time. Each
167 version will be given a distinguishing version number. Except as provided in
168 Section 4.3, no one other than the license steward has the right to modify this
171 4.2. Effect of New Versions. You may always continue to use, distribute or
172 otherwise make the Covered Software available under the terms of the version of
173 the License under which You originally received the Covered Software. If the
174 Initial Developer includes a notice in the Original Software prohibiting it
175 from being distributed or otherwise made available under any subsequent version
176 of the License, You must distribute and make the Covered Software available
177 under the terms of the version of the License under which You originally
178 received the Covered Software. Otherwise, You may also choose to use,
179 distribute or otherwise make the Covered Software available under the terms of
180 any subsequent version of the License published by the license steward.
182 4.3. Modified Versions. When You are an Initial Developer and You want to
183 create a new license for Your Original Software, You may create and use a
184 modified version of this License if You: (a) rename the license and remove any
185 references to the name of the license steward (except to note that the license
186 differs from this License); and (b) otherwise make it clear that the license
187 contains terms which differ from this License.
189 5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON
190 AN AS IS BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
191 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
192 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE
193 ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH
194 YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
195 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
196 SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
197 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED
198 HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
200 6. TERMINATION.
202 6.1. This License and the rights granted hereunder will terminate automatically
203 if You fail to comply with terms herein and fail to cure such breach within 30
204 days of becoming aware of the breach. Provisions which, by their nature, must
205 remain in effect beyond the termination of this License shall survive.
207 6.2. If You assert a patent infringement claim (excluding declaratory judgment
208 actions) against Initial Developer or a Contributor (the Initial Developer or
209 Contributor against whom You assert such claim is referred to as Participant)
210 alleging that the Participant Software (meaning the Contributor Version where
211 the Participant is a Contributor or the Original Software where the Participant
212 is the Initial Developer) directly or indirectly infringes any patent, then any
213 and all rights granted directly or indirectly to You by such Participant, the
214 Initial Developer (if the Initial Developer is not the Participant) and all
215 Contributors under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
216 notice from Participant terminate prospectively and automatically at the
217 expiration of such 60 day notice period, unless if within such 60 day period
218 You withdraw Your claim with respect to the Participant Software against such
219 Participant either unilaterally or pursuant to a written agreement with
222 6.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
223 licenses that have been validly granted by You or any distributor hereunder
224 prior to termination (excluding licenses granted to You by any distributor)
225 shall survive termination.
227 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY,
228 WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
229 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
230 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR
231 ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER
232 INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
233 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL
234 DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
235 POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
236 LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO
237 THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
238 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
239 THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
241 8. U.S. GOVERNMENT END USERS. The Covered Software is a commercial item, as
242 that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
243 computer software (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and
244 commercial computer software documentation as such terms are used in 48 C.F.R.
245 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
246 through 227.7202-4 (June 1995), all U.S. Government End Users acquire Covered
247 Software with only those rights set forth herein. This U.S. Government Rights
248 clause is in lieu of, and supersedes, any other FAR, DFAR, or other clause or
249 provision that addresses Government rights in computer software under this
252 9. MISCELLANEOUS. This License represents the complete agreement concerning
253 subject matter hereof. If any provision of this License is held to be
254 unenforceable, such provision shall be reformed only to the extent necessary to
255 make it enforceable. This License shall be governed by the law of the
256 jurisdiction specified in a notice contained within the Original Software
257 (except to the extent applicable law, if any, provides otherwise), excluding
258 such jurisdictions conflict-of-law provisions. Any litigation relating to this
259 License shall be subject to the jurisdiction of the courts located in the
260 jurisdiction and venue specified in a notice contained within the Original
261 Software, with the losing party responsible for costs, including, without
262 limitation, court costs and reasonable attorneys fees and expenses. The
263 application of the United Nations Convention on Contracts for the International
264 Sale of Goods is expressly excluded. Any law or regulation which provides that
265 the language of a contract shall be construed against the drafter shall not
266 apply to this License. You agree that You alone are responsible for compliance
267 with the United States export administration regulations (and the export
268 control laws and regulation of any other countries) when You use, distribute or
269 otherwise make available any Covered Software.
271 10. RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the
272 Contributors, each party is responsible for claims and damages arising,
273 directly or indirectly, out of its utilization of rights under this License and
274 You agree to work with Initial Developer and Contributors to distribute such
275 responsibility on an equitable basis. Nothing herein is intended or shall be
276 deemed to constitute any admission of liability.
278 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
281 For Covered Software in this distribution, this License shall be governed by
282 the laws of the State of California (excluding conflict-of-law provisions).
284 Any litigation relating to this License shall be subject to the jurisdiction of
285 the Federal Courts of the Northern District of California and the state courts
286 of the State of California, with venue lying in Santa Clara County, California.