1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) 2 Version 1.0 3 4 51. Definitions. 6 7 1.1. “Contributor” means each individual or entity that creates or contributes to the creation of Modifications. 8 9 1.2. “Contributor Version” means the combination of the Original Software, prior Modifications used by a Contributor 10 (if any), and the Modifications made by that particular Contributor. 11 12 1.3. “Covered Software” means (a) the Original Software, or (b) Modifications, or (c) the combination 13 of files containing Original Software with files containing Modifications, in each case including portions thereof. 14 15 1.4. “Executable” means the Covered Software in any form other than Source Code. 16 17 1.5. “Initial Developer” means the individual or entity that first makes Original Software available under this License. 18 19 1.6. “Larger Work” means a work which combines Covered Software or portions thereof with code not governed by the terms 20 of this License. 21 22 1.7. “License” means this document. 23 24 1.8. “Licensable” means having the right to grant, to the maximum extent possible, whether at the time of the 25 initial grant or subsequently acquired, any and all of the rights conveyed herein. 26 27 1.9. “Modifications” means the Source Code and Executable form of any of the following: 28 A. Any file that results from an addition to, deletion from or modification of the contents of a file 29 containing Original Software or previous Modifications; 30 B. Any new file that contains any part of the Original Software or previous Modification; or 31 C. Any new file that is contributed or otherwise made available under the terms of this License. 32 33 1.10. “Original Software” means the Source Code and Executable form of computer software code that is originally 34 released under this License. 35 36 1.11. “Patent Claims” means any patent claim(s), now owned or hereafter acquired, including without limitation, 37 method, process, and apparatus claims, in any patent Licensable by grantor. 38 39 1.12. “Source Code” means (a) the common form of computer software code in which modifications are made and 40 (b) associated documentation included in or with such code. 41 42 1.13. “You” (or “Your”) means an individual or a legal entity exercising rights under, and complying with all of 43 the terms of, this License. For legal entities, “You” includes any entity which controls, is controlled by, or is 44 under common control with You. For purposes of this definition, “control” means (a) the power, direct or indirect, 45 to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more 46 than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity. 47 482. License Grants. 49 50 2.1. The Initial Developer Grant. 51 Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, 52 the Initial Developer hereby grants You a world-wide, royalty-free, non-exclusive license: 53 54 (a) under intellectual property rights (other than patent or trademark) Licensable by Initial Developer, 55 to use, reproduce, modify, display, perform, sublicense and distribute the Original Software (or portions 56 thereof), with or without Modifications, and/or as part of a Larger Work; and 57 58 (b) under Patent Claims infringed by the making, using or selling of Original Software, to make, have made, 59 use, practice, sell, and offer for sale, and/or otherwise dispose of the Original Software (or portions thereof). 60 61 (c) The licenses granted in Sections 2.1(a) and (b) are effective on the date Initial Developer first 62 distributes or otherwise makes the Original Software available to a third party under the terms of this License. 63 64 (d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for code that You delete from 65 the Original Software, or (2) for infringements caused by: (i) the modification of the Original Software, 66 or (ii) the combination of the Original Software with other software or devices. 67 68 2.2. Contributor Grant. 69 Conditioned upon Your compliance with Section 3.1 below and subject to third party intellectual property claims, 70 each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: 71 72 (a) under intellectual property rights (other than patent or trademark) Licensable by Contributor to use, 73 reproduce, modify, display, perform, sublicense and distribute the Modifications created by such Contributor 74 (or portions thereof), either on an unmodified basis, with other Modifications, as Covered Software and/or 75 as part of a Larger Work; and 76 77 (b) under Patent Claims infringed by the making, using, or selling of Modifications made by that Contributor 78 either alone and/or in combination with its Contributor Version (or portions of such combination), to make, 79 use, sell, offer for sale, have made, and/or otherwise dispose of: (1) Modifications made by that Contributor 80 (or portions thereof); and (2) the combination of Modifications made by that Contributor with its Contributor 81 Version (or portions of such combination). 82 83 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the date Contributor first distributes 84 or otherwise makes the Modifications available to a third party. 85 86 (d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for any code that Contributor has 87 deleted from the Contributor Version; (2) for infringements caused by: (i) third party modifications of 88 Contributor Version, or (ii) the combination of Modifications made by that Contributor with other software 89 (except as part of the Contributor Version) or other devices; or (3) under Patent Claims infringed by Covered 90 Software in the absence of Modifications made by that Contributor. 91 923. Distribution Obligations. 93 94 3.1. Availability of Source Code. 95 Any Covered Software that You distribute or otherwise make available in Executable form must also be made available 96 in Source Code form and that Source Code form must be distributed only under the terms of this License. You must 97 include a copy of this License with every copy of the Source Code form of the Covered Software You distribute or 98 otherwise make available. You must inform recipients of any such Covered Software in Executable form as to how they 99 can obtain such Covered Software in Source Code form in a reasonable manner on or through a medium customarily used 100 for software exchange. 101 102 3.2. Modifications. 103 The Modifications that You create or to which You contribute are governed by the terms of this License. You 104 represent that You believe Your Modifications are Your original creation(s) and/or You have sufficient rights to 105 grant the rights conveyed by this License. 106 107 3.3. Required Notices. 108 You must include a notice in each of Your Modifications that identifies You as the Contributor of the Modification. 109 You may not remove or alter any copyright, patent or trademark notices contained within the Covered Software, or 110 any notices of licensing or any descriptive text giving attribution to any Contributor or the Initial Developer. 111 112 3.4. Application of Additional Terms. 113 You may not offer or impose any terms on any Covered Software in Source Code form that alters or restricts the 114 applicable version of this License or the recipients’ rights hereunder. You may choose to offer, and to charge a 115 fee for, warranty, support, indemnity or liability obligations to one or more recipients of Covered Software. 116 However, you may do so only on Your own behalf, and not on behalf of the Initial Developer or any Contributor. 117 You must make it absolutely clear that any such warranty, support, indemnity or liability obligation is offered 118 by You alone, and You hereby agree to indemnify the Initial Developer and every Contributor for any liability 119 incurred by the Initial Developer or such Contributor as a result of warranty, support, indemnity or liability 120 terms You offer. 121 122 3.5. Distribution of Executable Versions. 123 You may distribute the Executable form of the Covered Software under the terms of this License or under the terms 124 of a license of Your choice, which may contain terms different from this License, provided that You are in compliance 125 with the terms of this License and that the license for the Executable form does not attempt to limit or alter 126 the recipient’s rights in the Source Code form from the rights set forth in this License. If You distribute the 127 Covered Software in Executable form under a different license, You must make it absolutely clear that any terms 128 which differ from this License are offered by You alone, not by the Initial Developer or Contributor. You hereby 129 agree to indemnify the Initial Developer and every Contributor for any liability incurred by the Initial Developer 130 or such Contributor as a result of any such terms You offer. 131 132 3.6. Larger Works. 133 You may create a Larger Work by combining Covered Software with other code not governed by the terms of this License 134 and distribute the Larger Work as a single product. In such a case, You must make sure the requirements of this 135 License are fulfilled for the Covered Software. 136 1374. Versions of the License. 138 139 4.1. New Versions. 140 Sun Microsystems, Inc. is the initial license steward and may publish revised and/or new versions of this License 141 from time to time. Each version will be given a distinguishing version number. Except as provided in Section 4.3, 142 no one other than the license steward has the right to modify this License. 143 144 4.2. Effect of New Versions. 145 You may always continue to use, distribute or otherwise make the Covered Software available under the terms of 146 the version of the License under which You originally received the Covered Software. If the Initial Developer 147 includes a notice in the Original Software prohibiting it from being distributed or otherwise made available under 148 any subsequent version of the License, You must distribute and make the Covered Software available under the terms 149 of the version of the License under which You originally received the Covered Software. Otherwise, You may also 150 choose to use, distribute or otherwise make the Covered Software available under the terms of any subsequent version 151 of the License published by the license steward. 152 153 4.3. Modified Versions. 154 When You are an Initial Developer and You want to create a new license for Your Original Software, You may create 155 and use a modified version of this License if You: (a) rename the license and remove any references to the name of 156 the license steward (except to note that the license differs from this License); and (b) otherwise make it clear that 157 the license contains terms which differ from this License. 158 1595. DISCLAIMER OF WARRANTY. 160 161COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR 162IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A 163PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. 164SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE 165COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. 166NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. 167 1686. TERMINATION. 169 170 6.1. This License and the rights granted hereunder will terminate automatically if You fail to comply with terms 171 herein and fail to cure such breach within 30 days of becoming aware of the breach. Provisions which, by their 172 nature, must remain in effect beyond the termination of this License shall survive. 173 174 6.2. If You assert a patent infringement claim (excluding declaratory judgment actions) against Initial Developer 175 or a Contributor (the Initial Developer or Contributor against whom You assert such claim is referred to as 176 “Participant”) alleging that the Participant Software (meaning the Contributor Version where the Participant 177 is a Contributor or the Original Software where the Participant is the Initial Developer) directly or 178 indirectly infringes any patent, then any and all rights granted directly or indirectly to You by such Participant, 179 the Initial Developer (if the Initial Developer is not the Participant) and all Contributors under Sections 2.1 180 and/or 2.2 of this License shall, upon 60 days notice from Participant terminate prospectively and automatically 181 at the expiration of such 60 day notice period, unless if within such 60 day period You withdraw Your claim with 182 respect to the Participant Software against such Participant either unilaterally or pursuant to a written agreement 183 with Participant. 184 185 6.3. If You assert a patent infringement claim against Participant alleging that the Participant Software directly 186 or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the 187 initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant 188 under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. 189 190 6.4. In the event of termination under Sections 6.1 or 6.2 above, all end user licenses that have been validly granted 191 by You or any distributor hereunder prior to termination (excluding licenses granted to You by any distributor) 192 shall survive termination. 193 1947. LIMITATION OF LIABILITY. 195 196UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE 197INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO 198ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR 199LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY 200SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL 201INJURY RESULTING FROM SUCH PARTY’S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE 202EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 203 2048. U.S. GOVERNMENT END USERS. 205 206The Covered Software is a “commercial item,” as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of 207“commercial computer software” (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1)) and “commercial computer software documentation” 208as 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), 209all 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, 210and supersedes, any other FAR, DFAR, or other clause or provision that addresses Government rights in computer software under this License. 211 2129. MISCELLANEOUS. 213 214This License represents the complete agreement concerning subject matter hereof. If any provision of this License is held to be 215unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License shall be governed 216by the law of the jurisdiction specified in a notice contained within the Original Software (except to the extent applicable law, if any, 217provides otherwise), excluding such jurisdiction’s conflict-of-law provisions. Any litigation relating to this License shall be subject 218to the jurisdiction of the courts located in the jurisdiction and venue specified in a notice contained within the Original Software, with the 219losing party responsible for costs, including, without limitation, court costs and reasonable attorneys’ fees and expenses. The application of 220the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation which provides that 221the language of a contract shall be construed against the drafter shall not apply to this License. You agree that You alone are responsible for 222compliance with the United States export administration regulations (and the export control laws and regulation of any other countries) when You use, 223distribute or otherwise make available any Covered Software. 224 22510. RESPONSIBILITY FOR CLAIMS. 226 227As between Initial Developer and the Contributors, each party is responsible for claims and damages arising, directly or indirectly, out of 228its utilization of rights under this License and You agree to work with Initial Developer and Contributors to distribute such responsibility on 229an equitable basis. Nothing herein is intended or shall be deemed to constitute any admission of liability. 230 231-------- 232 233NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION 234LICENSE (CDDL) 235 236The OpenSolaris code released under the CDDL shall be governed by the laws 237of the State of California (excluding conflict-of-law provisions). Any 238litigation relating to this License shall be subject to the jurisdiction of 239the Federal Courts of the Northern District of California and the state 240courts of the State of California, with venue lying in Santa Clara County, 241California. 242