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3b7790c @wizeman Initial 0.2.2 import.
wizeman authored
1
2 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
3
4
5 1. Definitions.
6
7 1.1. ÒContributorÓ means each individual or entity that
8 creates or contributes to the creation of Modifications.
9
10 1.2. ÒContributor VersionÓ means the combination of the
11 Original Software, prior Modifications used by a
12 Contributor (if any), and the Modifications made by that
13 particular Contributor.
14
15 1.3. ÒCovered SoftwareÓ means (a) the Original Software, or
16 (b) Modifications, or (c) the combination of files
17 containing Original Software with files containing
18 Modifications, in each case including portions thereof.
19
20 1.4. ÒExecutableÓ means the Covered Software in any form
21 other than Source Code.
22
23 1.5. ÒInitial DeveloperÓ means the individual or entity
24 that first makes Original Software available under this
25 License.
26
27 1.6. ÒLarger WorkÓ means a work which combines Covered
28 Software or portions thereof with code not governed by the
29 terms of this License.
30
31 1.7. ÒLicenseÓ means this document.
32
33 1.8. ÒLicensableÓ means having the right to grant, to the
34 maximum extent possible, whether at the time of the initial
35 grant or subsequently acquired, any and all of the rights
36 conveyed herein.
37
38 1.9. ÒModificationsÓ means the Source Code and Executable
39 form of any of the following:
40
41 A. Any file that results from an addition to,
42 deletion from or modification of the contents of a
43 file containing Original Software or previous
44 Modifications;
45
46 B. Any new file that contains any part of the
47 Original Software or previous Modification; or
48
49 C. Any new file that is contributed or otherwise made
50 available under the terms of this License.
51
52 1.10. ÒOriginal SoftwareÓ means the Source Code and
53 Executable form of computer software code that is
54 originally released under this License.
55
56 1.11. ÒPatent ClaimsÓ means any patent claim(s), now owned
57 or hereafter acquired, including without limitation,
58 method, process, and apparatus claims, in any patent
59 Licensable by grantor.
60
61 1.12. ÒSource CodeÓ means (a) the common form of computer
62 software code in which modifications are made and (b)
63 associated documentation included in or with such code.
64
65 1.13. ÒYouÓ (or ÒYourÓ) means an individual or a legal
66 entity exercising rights under, and complying with all of
67 the terms of, this License. For legal entities, ÒYouÓ
68 includes any entity which controls, is controlled by, or is
69 under common control with You. For purposes of this
70 definition, ÒcontrolÓ means (a) the power, direct or
71 indirect, to cause the direction or management of such
72 entity, whether by contract or otherwise, or (b) ownership
73 of more than fifty percent (50%) of the outstanding shares
74 or beneficial ownership of such entity.
75
76 2. License Grants.
77
78 2.1. The Initial Developer Grant.
79
80 Conditioned upon Your compliance with Section 3.1 below and
81 subject to third party intellectual property claims, the
82 Initial Developer hereby grants You a world-wide,
83 royalty-free, non-exclusive license:
84
85 (a) under intellectual property rights (other than
86 patent or trademark) Licensable by Initial Developer,
87 to use, reproduce, modify, display, perform,
88 sublicense and distribute the Original Software (or
89 portions thereof), with or without Modifications,
90 and/or as part of a Larger Work; and
91
92 (b) under Patent Claims infringed by the making,
93 using or selling of Original Software, to make, have
94 made, use, practice, sell, and offer for sale, and/or
95 otherwise dispose of the Original Software (or
96 portions thereof).
97
98 (c) The licenses granted in Sections 2.1(a) and (b)
99 are effective on the date Initial Developer first
100 distributes or otherwise makes the Original Software
101 available to a third party under the terms of this
102 License.
103
104 (d) Notwithstanding Section 2.1(b) above, no patent
105 license is granted: (1) for code that You delete from
106 the Original Software, or (2) for infringements
107 caused by: (i) the modification of the Original
108 Software, or (ii) the combination of the Original
109 Software with other software or devices.
110
111 2.2. Contributor Grant.
112
113 Conditioned upon Your compliance with Section 3.1 below and
114 subject to third party intellectual property claims, each
115 Contributor hereby grants You a world-wide, royalty-free,
116 non-exclusive license:
117
118 (a) under intellectual property rights (other than
119 patent or trademark) Licensable by Contributor to
120 use, reproduce, modify, display, perform, sublicense
121 and distribute the Modifications created by such
122 Contributor (or portions thereof), either on an
123 unmodified basis, with other Modifications, as
124 Covered Software and/or as part of a Larger Work; and
125
126
127 (b) under Patent Claims infringed by the making,
128 using, or selling of Modifications made by that
129 Contributor either alone and/or in combination with
130 its Contributor Version (or portions of such
131 combination), to make, use, sell, offer for sale,
132 have made, and/or otherwise dispose of: (1)
133 Modifications made by that Contributor (or portions
134 thereof); and (2) the combination of Modifications
135 made by that Contributor with its Contributor Version
136 (or portions of such combination).
137
138 (c) The licenses granted in Sections 2.2(a) and
139 2.2(b) are effective on the date Contributor first
140 distributes or otherwise makes the Modifications
141 available to a third party.
142
143 (d) Notwithstanding Section 2.2(b) above, no patent
144 license is granted: (1) for any code that Contributor
145 has deleted from the Contributor Version; (2) for
146 infringements caused by: (i) third party
147 modifications of Contributor Version, or (ii) the
148 combination of Modifications made by that Contributor
149 with other software (except as part of the
150 Contributor Version) or other devices; or (3) under
151 Patent Claims infringed by Covered Software in the
152 absence of Modifications made by that Contributor.
153
154 3. Distribution Obligations.
155
156 3.1. Availability of Source Code.
157
158 Any Covered Software that You distribute or otherwise make
159 available in Executable form must also be made available in
160 Source Code form and that Source Code form must be
161 distributed only under the terms of this License. You must
162 include a copy of this License with every copy of the
163 Source Code form of the Covered Software You distribute or
164 otherwise make available. You must inform recipients of any
165 such Covered Software in Executable form as to how they can
166 obtain such Covered Software in Source Code form in a
167 reasonable manner on or through a medium customarily used
168 for software exchange.
169
170 3.2. Modifications.
171
172 The Modifications that You create or to which You
173 contribute are governed by the terms of this License. You
174 represent that You believe Your Modifications are Your
175 original creation(s) and/or You have sufficient rights to
176 grant the rights conveyed by this License.
177
178 3.3. Required Notices.
179
180 You must include a notice in each of Your Modifications
181 that identifies You as the Contributor of the Modification.
182 You may not remove or alter any copyright, patent or
183 trademark notices contained within the Covered Software, or
184 any notices of licensing or any descriptive text giving
185 attribution to any Contributor or the Initial Developer.
186
187 3.4. Application of Additional Terms.
188
189 You may not offer or impose any terms on any Covered
190 Software in Source Code form that alters or restricts the
191 applicable version of this License or the recipientsÕ
192 rights hereunder. You may choose to offer, and to charge a
193 fee for, warranty, support, indemnity or liability
194 obligations to one or more recipients of Covered Software.
195 However, you may do so only on Your own behalf, and not on
196 behalf of the Initial Developer or any Contributor. You
197 must make it absolutely clear that any such warranty,
198 support, indemnity or liability obligation is offered by
199 You alone, and You hereby agree to indemnify the Initial
200 Developer and every Contributor for any liability incurred
201 by the Initial Developer or such Contributor as a result of
202 warranty, support, indemnity or liability terms You offer.
203
204
205 3.5. Distribution of Executable Versions.
206
207 You may distribute the Executable form of the Covered
208 Software under the terms of this License or under the terms
209 of a license of Your choice, which may contain terms
210 different from this License, provided that You are in
211 compliance with the terms of this License and that the
212 license for the Executable form does not attempt to limit
213 or alter the recipientÕs rights in the Source Code form
214 from the rights set forth in this License. If You
215 distribute the Covered Software in Executable form under a
216 different license, You must make it absolutely clear that
217 any terms which differ from this License are offered by You
218 alone, not by the Initial Developer or Contributor. You
219 hereby agree to indemnify the Initial Developer and every
220 Contributor for any liability incurred by the Initial
221 Developer or such Contributor as a result of any such terms
222 You offer.
223
224 3.6. Larger Works.
225
226 You may create a Larger Work by combining Covered Software
227 with other code not governed by the terms of this License
228 and distribute the Larger Work as a single product. In such
229 a case, You must make sure the requirements of this License
230 are fulfilled for the Covered Software.
231
232 4. Versions of the License.
233
234 4.1. New Versions.
235
236 Sun Microsystems, Inc. is the initial license steward and
237 may publish revised and/or new versions of this License
238 from time to time. Each version will be given a
239 distinguishing version number. Except as provided in
240 Section 4.3, no one other than the license steward has the
241 right to modify this License.
242
243 4.2. Effect of New Versions.
244
245 You may always continue to use, distribute or otherwise
246 make the Covered Software available under the terms of the
247 version of the License under which You originally received
248 the Covered Software. If the Initial Developer includes a
249 notice in the Original Software prohibiting it from being
250 distributed or otherwise made available under any
251 subsequent version of the License, You must distribute and
252 make the Covered Software available under the terms of the
253 version of the License under which You originally received
254 the Covered Software. Otherwise, You may also choose to
255 use, distribute or otherwise make the Covered Software
256 available under the terms of any subsequent version of the
257 License published by the license steward.
258
259 4.3. Modified Versions.
260
261 When You are an Initial Developer and You want to create a
262 new license for Your Original Software, You may create and
263 use a modified version of this License if You: (a) rename
264 the license and remove any references to the name of the
265 license steward (except to note that the license differs
266 from this License); and (b) otherwise make it clear that
267 the license contains terms which differ from this License.
268
269
270 5. DISCLAIMER OF WARRANTY.
271
272 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN ÒAS ISÓ
273 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
274 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
275 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
276 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
277 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
278 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
279 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF
280 ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
281 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
282 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
283 DISCLAIMER.
284
285 6. TERMINATION.
286
287 6.1. This License and the rights granted hereunder will
288 terminate automatically if You fail to comply with terms
289 herein and fail to cure such breach within 30 days of
290 becoming aware of the breach. Provisions which, by their
291 nature, must remain in effect beyond the termination of
292 this License shall survive.
293
294 6.2. If You assert a patent infringement claim (excluding
295 declaratory judgment actions) against Initial Developer or
296 a Contributor (the Initial Developer or Contributor against
297 whom You assert such claim is referred to as ÒParticipantÓ)
298 alleging that the Participant Software (meaning the
299 Contributor Version where the Participant is a Contributor
300 or the Original Software where the Participant is the
301 Initial Developer) directly or indirectly infringes any
302 patent, then any and all rights granted directly or
303 indirectly to You by such Participant, the Initial
304 Developer (if the Initial Developer is not the Participant)
305 and all Contributors under Sections 2.1 and/or 2.2 of this
306 License shall, upon 60 days notice from Participant
307 terminate prospectively and automatically at the expiration
308 of such 60 day notice period, unless if within such 60 day
309 period You withdraw Your claim with respect to the
310 Participant Software against such Participant either
311 unilaterally or pursuant to a written agreement with
312 Participant.
313
314 6.3. In the event of termination under Sections 6.1 or 6.2
315 above, all end user licenses that have been validly granted
316 by You or any distributor hereunder prior to termination
317 (excluding licenses granted to You by any distributor)
318 shall survive termination.
319
320 7. LIMITATION OF LIABILITY.
321
322 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
323 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
324 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
325 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
326 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
327 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
328 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
329 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
330 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
331 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
332 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
333 INJURY RESULTING FROM SUCH PARTYÕS NEGLIGENCE TO THE EXTENT
334 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
335 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
336 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
337 APPLY TO YOU.
338
339 8. U.S. GOVERNMENT END USERS.
340
341 The Covered Software is a Òcommercial item,Ó as that term is
342 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of Òcommercial
343 computer softwareÓ (as that term is defined at 48 C.F.R. ¤
344 252.227-7014(a)(1)) and Òcommercial computer software
345 documentationÓ as such terms are used in 48 C.F.R. 12.212 (Sept.
346 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
347 through 227.7202-4 (June 1995), all U.S. Government End Users
348 acquire Covered Software with only those rights set forth herein.
349 This U.S. Government Rights clause is in lieu of, and supersedes,
350 any other FAR, DFAR, or other clause or provision that addresses
351 Government rights in computer software under this License.
352
353 9. MISCELLANEOUS.
354
355 This License represents the complete agreement concerning subject
356 matter hereof. If any provision of this License is held to be
357 unenforceable, such provision shall be reformed only to the
358 extent necessary to make it enforceable. This License shall be
359 governed by the law of the jurisdiction specified in a notice
360 contained within the Original Software (except to the extent
361 applicable law, if any, provides otherwise), excluding such
362 jurisdictionÕs conflict-of-law provisions. Any litigation
363 relating to this License shall be subject to the jurisdiction of
364 the courts located in the jurisdiction and venue specified in a
365 notice contained within the Original Software, with the losing
366 party responsible for costs, including, without limitation, court
367 costs and reasonable attorneysÕ fees and expenses. The
368 application of the United Nations Convention on Contracts for the
369 International Sale of Goods is expressly excluded. Any law or
370 regulation which provides that the language of a contract shall
371 be construed against the drafter shall not apply to this License.
372 You agree that You alone are responsible for compliance with the
373 United States export administration regulations (and the export
374 control laws and regulation of any other countries) when You use,
375 distribute or otherwise make available any Covered Software.
376
377 10. RESPONSIBILITY FOR CLAIMS.
378
379 As between Initial Developer and the Contributors, each party is
380 responsible for claims and damages arising, directly or
381 indirectly, out of its utilization of rights under this License
382 and You agree to work with Initial Developer and Contributors to
383 distribute such responsibility on an equitable basis. Nothing
384 herein is intended or shall be deemed to constitute any admission
385 of liability.
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