1COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
2
31. Definitions.
4
51.1. "Contributor" means each individual or entity that
6creates or contributes to the creation of Modifications.
7
81.2. "Contributor Version" means the combination of the
9Original Software, prior Modifications used by a
10Contributor (if any), and the Modifications made by that
11particular Contributor.
12
131.3. "Covered Software" means (a) the Original Software, or
14(b) Modifications, or (c) the combination of files
15containing Original Software with files containing
16Modifications, in each case including portions thereof.
17
181.4. "Executable" means the Covered Software in any form
19other than Source Code.
20
211.5. "Initial Developer" means the individual or entity
22that first makes Original Software available under this
23License.
24
251.6. "Larger Work" means a work which combines Covered
26Software or portions thereof with code not governed by the
27terms of this License.
28
291.7. "License" means this document.
30
311.8. "Licensable" means having the right to grant, to the
32maximum extent possible, whether at the time of the initial
33grant or subsequently acquired, any and all of the rights
34conveyed herein.
35
361.9. "Modifications" means the Source Code and Executable
37form of any of the following:
38
39A. Any file that results from an addition to,
40deletion from or modification of the contents of a
41file containing Original Software or previous
42Modifications;
43
44B. Any new file that contains any part of the
45Original Software or previous Modification; or
46
47C. Any new file that is contributed or otherwise made
48available under the terms of this License.
49
501.10. "Original Software" means the Source Code and
51Executable form of computer software code that is
52originally released under this License.
53
541.11. "Patent Claims" means any patent claim(s), now owned
55or hereafter acquired, including without limitation,
56method, process, and apparatus claims, in any patent
57Licensable by grantor.
58
591.12. "Source Code" means (a) the common form of computer
60software code in which modifications are made and (b)
61associated documentation included in or with such code.
62
631.13. "You" (or "Your") means an individual or a legal
64entity exercising rights under, and complying with all of
65the terms of, this License. For legal entities, "You"
66includes any entity which controls, is controlled by, or is
67under common control with You. For purposes of this
68definition, "control" means (a) the power, direct or
69indirect, to cause the direction or management of such
70entity, whether by contract or otherwise, or (b) ownership
71of more than fifty percent (50%) of the outstanding shares
72or beneficial ownership of such entity.
73
742. License Grants.
75
762.1. The Initial Developer Grant.
77
78Conditioned upon Your compliance with Section 3.1 below and
79subject to third party intellectual property claims, the
80Initial Developer hereby grants You a world-wide,
81royalty-free, non-exclusive license:
82
83(a) under intellectual property rights (other than
84patent or trademark) Licensable by Initial Developer,
85to use, reproduce, modify, display, perform,
86sublicense and distribute the Original Software (or
87portions thereof), with or without Modifications,
88and/or as part of a Larger Work; and
89
90(b) under Patent Claims infringed by the making,
91using or selling of Original Software, to make, have
92made, use, practice, sell, and offer for sale, and/or
93otherwise dispose of the Original Software (or
94portions thereof).
95
96(c) The licenses granted in Sections 2.1(a) and (b)
97are effective on the date Initial Developer first
98distributes or otherwise makes the Original Software
99available to a third party under the terms of this
100License.
101
102(d) Notwithstanding Section 2.1(b) above, no patent
103license is granted: (1) for code that You delete from
104the Original Software, or (2) for infringements
105caused by: (i) the modification of the Original
106Software, or (ii) the combination of the Original
107Software with other software or devices.
108
1092.2. Contributor Grant.
110
111Conditioned upon Your compliance with Section 3.1 below and
112subject to third party intellectual property claims, each
113Contributor hereby grants You a world-wide, royalty-free,
114non-exclusive license:
115
116(a) under intellectual property rights (other than
117patent or trademark) Licensable by Contributor to
118use, reproduce, modify, display, perform, sublicense
119and distribute the Modifications created by such
120Contributor (or portions thereof), either on an
121unmodified basis, with other Modifications, as
122Covered Software and/or as part of a Larger Work; and
123
124(b) under Patent Claims infringed by the making,
125using, or selling of Modifications made by that
126Contributor either alone and/or in combination with
127its Contributor Version (or portions of such
128combination), to make, use, sell, offer for sale,
129have made, and/or otherwise dispose of: (1)
130Modifications made by that Contributor (or portions
131thereof); and (2) the combination of Modifications
132made by that Contributor with its Contributor Version
133(or portions of such combination).
134
135(c) The licenses granted in Sections 2.2(a) and
1362.2(b) are effective on the date Contributor first
137distributes or otherwise makes the Modifications
138available to a third party.
139
140(d) Notwithstanding Section 2.2(b) above, no patent
141license is granted: (1) for any code that Contributor
142has deleted from the Contributor Version; (2) for
143infringements caused by: (i) third party
144modifications of Contributor Version, or (ii) the
145combination of Modifications made by that Contributor
146with other software (except as part of the
147Contributor Version) or other devices; or (3) under
148Patent Claims infringed by Covered Software in the
149absence of Modifications made by that Contributor.
150
1513. Distribution Obligations.
152
1533.1. Availability of Source Code.
154
155Any Covered Software that You distribute or otherwise make
156available in Executable form must also be made available in
157Source Code form and that Source Code form must be
158distributed only under the terms of this License. You must
159include a copy of this License with every copy of the
160Source Code form of the Covered Software You distribute or
161otherwise make available. You must inform recipients of any
162such Covered Software in Executable form as to how they can
163obtain such Covered Software in Source Code form in a
164reasonable manner on or through a medium customarily used
165for software exchange.
166
1673.2. Modifications.
168
169The Modifications that You create or to which You
170contribute are governed by the terms of this License. You
171represent that You believe Your Modifications are Your
172original creation(s) and/or You have sufficient rights to
173grant the rights conveyed by this License.
174
1753.3. Required Notices.
176
177You must include a notice in each of Your Modifications
178that identifies You as the Contributor of the Modification.
179You may not remove or alter any copyright, patent or
180trademark notices contained within the Covered Software, or
181any notices of licensing or any descriptive text giving
182attribution to any Contributor or the Initial Developer.
183
1843.4. Application of Additional Terms.
185
186You may not offer or impose any terms on any Covered
187Software in Source Code form that alters or restricts the
188applicable version of this License or the recipients'
189rights hereunder. You may choose to offer, and to charge a
190fee for, warranty, support, indemnity or liability
191obligations to one or more recipients of Covered Software.
192However, you may do so only on Your own behalf, and not on
193behalf of the Initial Developer or any Contributor. You
194must make it absolutely clear that any such warranty,
195support, indemnity or liability obligation is offered by
196You alone, and You hereby agree to indemnify the Initial
197Developer and every Contributor for any liability incurred
198by the Initial Developer or such Contributor as a result of
199warranty, support, indemnity or liability terms You offer.
200
2013.5. Distribution of Executable Versions.
202
203You may distribute the Executable form of the Covered
204Software under the terms of this License or under the terms
205of a license of Your choice, which may contain terms
206different from this License, provided that You are in
207compliance with the terms of this License and that the
208license for the Executable form does not attempt to limit
209or alter the recipient's rights in the Source Code form
210from the rights set forth in this License. If You
211distribute the Covered Software in Executable form under a
212different license, You must make it absolutely clear that
213any terms which differ from this License are offered by You
214alone, not by the Initial Developer or Contributor. You
215hereby agree to indemnify the Initial Developer and every
216Contributor for any liability incurred by the Initial
217Developer or such Contributor as a result of any such terms
218You offer.
219
2203.6. Larger Works.
221
222You may create a Larger Work by combining Covered Software
223with other code not governed by the terms of this License
224and distribute the Larger Work as a single product. In such
225a case, You must make sure the requirements of this License
226are fulfilled for the Covered Software.
227
2284. Versions of the License.
229
2304.1. New Versions.
231
232Sun Microsystems, Inc. is the initial license steward and
233may publish revised and/or new versions of this License
234from time to time. Each version will be given a
235distinguishing version number. Except as provided in
236Section 4.3, no one other than the license steward has the
237right to modify this License.
238
2394.2. Effect of New Versions.
240
241You may always continue to use, distribute or otherwise
242make the Covered Software available under the terms of the
243version of the License under which You originally received
244the Covered Software. If the Initial Developer includes a
245notice in the Original Software prohibiting it from being
246distributed or otherwise made available under any
247subsequent version of the License, You must distribute and
248make the Covered Software available under the terms of the
249version of the License under which You originally received
250the Covered Software. Otherwise, You may also choose to
251use, distribute or otherwise make the Covered Software
252available under the terms of any subsequent version of the
253License published by the license steward.
254
2554.3. Modified Versions.
256
257When You are an Initial Developer and You want to create a
258new license for Your Original Software, You may create and
259use a modified version of this License if You: (a) rename
260the license and remove any references to the name of the
261license steward (except to note that the license differs
262from this License); and (b) otherwise make it clear that
263the license contains terms which differ from this License.
264
2655. DISCLAIMER OF WARRANTY.
266
267COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
268BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
269INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
270SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
271PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
272PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
273COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
274INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
275ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
276WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
277ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
278DISCLAIMER.
279
2806. TERMINATION.
281
2826.1. This License and the rights granted hereunder will
283terminate automatically if You fail to comply with terms
284herein and fail to cure such breach within 30 days of
285becoming aware of the breach. Provisions which, by their
286nature, must remain in effect beyond the termination of
287this License shall survive.
288
2896.2. If You assert a patent infringement claim (excluding
290declaratory judgment actions) against Initial Developer or
291a Contributor (the Initial Developer or Contributor against
292whom You assert such claim is referred to as "Participant")
293alleging that the Participant Software (meaning the
294Contributor Version where the Participant is a Contributor
295or the Original Software where the Participant is the
296Initial Developer) directly or indirectly infringes any
297patent, then any and all rights granted directly or
298indirectly to You by such Participant, the Initial
299Developer (if the Initial Developer is not the Participant)
300and all Contributors under Sections 2.1 and/or 2.2 of this
301License shall, upon 60 days notice from Participant
302terminate prospectively and automatically at the expiration
303of such 60 day notice period, unless if within such 60 day
304period You withdraw Your claim with respect to the
305Participant Software against such Participant either
306unilaterally or pursuant to a written agreement with
307Participant.
308
3096.3. In the event of termination under Sections 6.1 or 6.2
310above, all end user licenses that have been validly granted
311by You or any distributor hereunder prior to termination
312(excluding licenses granted to You by any distributor)
313shall survive termination.
314
3157. LIMITATION OF LIABILITY.
316
317UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
318(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
319INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
320COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
321LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
322CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
323LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
324STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
325COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
326INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
327LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
328INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
329APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
330NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
331CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
332APPLY TO YOU.
333
3348. U.S. GOVERNMENT END USERS.
335
336The Covered Software is a "commercial item," as that term is
337defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
338computer software" (as that term is defined at 48 C.F.R.339252.227-7014(a)(1)) and "commercial computer software
340documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
3411995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
342through 227.7202-4 (June 1995), all U.S. Government End Users
343acquire Covered Software with only those rights set forth herein.
344This U.S. Government Rights clause is in lieu of, and supersedes,
345any other FAR, DFAR, or other clause or provision that addresses
346Government rights in computer software under this License.
347
3489. MISCELLANEOUS.
349
350This License represents the complete agreement concerning subject
351matter hereof. If any provision of this License is held to be
352unenforceable, such provision shall be reformed only to the
353extent necessary to make it enforceable. This License shall be
354governed by the law of the jurisdiction specified in a notice
355contained within the Original Software (except to the extent
356applicable law, if any, provides otherwise), excluding such
357jurisdiction's conflict-of-law provisions. Any litigation
358relating to this License shall be subject to the jurisdiction of
359the courts located in the jurisdiction and venue specified in a
360notice contained within the Original Software, with the losing
361party responsible for costs, including, without limitation, court
362costs and reasonable attorneys' fees and expenses. The
363application of the United Nations Convention on Contracts for the
364International Sale of Goods is expressly excluded. Any law or
365regulation which provides that the language of a contract shall
366be construed against the drafter shall not apply to this License.
367You agree that You alone are responsible for compliance with the
368United States export administration regulations (and the export
369control laws and regulation of any other countries) when You use,
370distribute or otherwise make available any Covered Software.
371
37210. RESPONSIBILITY FOR CLAIMS.
373
374As between Initial Developer and the Contributors, each party is
375responsible for claims and damages arising, directly or
376indirectly, out of its utilization of rights under this License
377and You agree to work with Initial Developer and Contributors to
378distribute such responsibility on an equitable basis. Nothing
379herein is intended or shall be deemed to constitute any admission
380of liability.
381