COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
1.
Definitions.
1.1. Contributor means
each individual or entity that creates or contributes to the
creation of Modifications.
1.2. Contributor Version
means the combination of the Original Software, prior
Modifications used by a Contributor (if any), and the
Modifications made by that particular Contributor.
1.3.
Covered Software means (a) the Original Software, or (b)
Modifications, or (c) the combination of files containing
Original Software with files containing Modifications, in each
case including portions thereof.
1.4. Executable
means the Covered Software in any form other than Source Code.
1.5. Initial Developer means the individual or
entity that first makes Original Software available under this
License.
1.6. Larger Work means a work which
combines Covered Software or portions thereof with code not
governed by the terms of this License.
1.7. License
means this document.
1.8. Licensable means having
the right to grant, to the maximum extent possible, whether at
the time of the initial grant or subsequently acquired, any and
all of the rights conveyed herein.
1.9. Modifications
means the Source Code and Executable form of any of the
following: A. Any file that results from an addition to, deletion
from or modification of the contents of a file containing
Original Software or previous Modifications; B. Any new file that
contains any part of the Original Software or previous
Modification; or C. Any new file that is contributed or otherwise
made available under the terms of this License.
1.10.
Original Software means the Source Code and Executable
form of computer software code that is originally released under
this License.
1.11. Patent Claims means any patent
claim(s), now owned or hereafter acquired, including without
limitation, method, process, and apparatus claims, in any patent
Licensable by grantor.
1.12. Source Code means (a)
the common form of computer software code in which modifications
are made and (b) associated documentation included in or with
such code.
1.13. You (or Your) means an individual
or a legal entity exercising rights under, and complying with all
of the terms of, this License. For legal entities, You includes
any entity which controls, is controlled by, or is under common
control with You. For purposes of this definition, control means
(a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or
(b) ownership of more than fifty percent (50%) of the
outstanding shares or beneficial ownership of such entity.
2.
License Grants.
2.1. The Initial Developer Grant.
Conditioned upon Your compliance with Section 3.1 below and
subject to third party intellectual property claims, the Initial
Developer hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property
rights (other than patent or trademark) Licensable by Initial
Developer, to use, reproduce, modify, display, perform,
sublicense and distribute the Original Software (or portions
thereof), with or without Modifications, and/or as part of a
Larger Work; and
(b) under Patent Claims infringed by the
making, using or selling of Original Software, to make, have
made, use, practice, sell, and offer for sale, and/or otherwise
dispose of the Original Software (or portions thereof);
(c)
The licenses granted in Sections 2.1(a) and (b) are
effective on the date Initial Developer first distributes or
otherwise makes the Original Software available to a third party
under the terms of this License;
(d) Notwithstanding
Section 2.1(b) above, no patent license is granted: (1) for
code that You delete from the Original Software, or (2) for
infringements caused by: (i) the modification of the
Original Software, or (ii) the combination of the Original
Software with other software or devices.
2.2. Contributor
Grant. Conditioned upon Your compliance with Section 3.1 below
and subject to third party intellectual property claims, each
Contributor hereby grants You a world-wide, royalty-free,
non-exclusive license:
(a) under intellectual property
rights (other than patent or trademark) Licensable by Contributor
to use, reproduce, modify, display, perform, sublicense and
distribute the Modifications created by such Contributor (or
portions thereof), either on an unmodified basis, with other
Modifications, as Covered Software and/or as part of a Larger
Work; and
(b) under Patent Claims infringed by the
making, using, or selling of Modifications made by that
Contributor either alone and/or in combination with its
Contributor Version (or portions of such combination), to make,
use, sell, offer for sale, have made, and/or otherwise dispose
of: (1) Modifications made by that Contributor (or portions
thereof); and (2) the combination of Modifications made by
that Contributor with its Contributor Version (or portions of
such combination).
(c) The licenses granted in
Sections 2.2(a) and 2.2(b) are effective on the date
Contributor first distributes or otherwise makes the
Modifications available to a third party.
(d)
Notwithstanding Section 2.2(b) above, no patent license is
granted: (1) for any code that Contributor has deleted from
the Contributor Version; (2) for infringements caused by:
(i) third party modifications of Contributor Version, or
(ii) the combination of Modifications made by that
Contributor with other software (except as part of the
Contributor Version) or other devices; or (3) under Patent
Claims infringed by Covered Software in the absence of
Modifications made by that Contributor.
3. Distribution
Obligations.
3.1. Availability of Source Code. Any
Covered Software that You distribute or otherwise make available
in Executable form must also be made available in Source Code
form and that Source Code form must be distributed only under the
terms of this License. You must include a copy of this License
with every copy of the Source Code form of the Covered Software
You distribute or otherwise make available. You must inform
recipients of any such Covered Software in Executable form as to
how they can obtain such Covered Software in Source Code form in
a reasonable manner on or through a medium customarily used for
software exchange.
3.2. Modifications. The Modifications
that You create or to which You contribute are governed by the
terms of this License. You represent that You believe Your
Modifications are Your original creation(s) and/or You have
sufficient rights to grant the rights conveyed by this License.
3.3. Required Notices. You must include a notice in each
of Your Modifications that identifies You as the Contributor of
the Modification. You may not remove or alter any copyright,
patent or trademark notices contained within the Covered
Software, or any notices of licensing or any descriptive text
giving attribution to any Contributor or the Initial Developer.
3.4. Application of Additional Terms. You may not offer
or impose any terms on any Covered Software in Source Code form
that alters or restricts the applicable version of this License
or the recipients rights hereunder. You may choose to offer, and
to charge a fee for, warranty, support, indemnity or liability
obligations to one or more recipients of Covered Software.
However, you may do so only on Your own behalf, and not on behalf
of the Initial Developer or any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity or
liability obligation is offered by You alone, and You hereby
agree to indemnify the Initial Developer and every Contributor
for any liability incurred by the Initial Developer or such
Contributor as a result of warranty, support, indemnity or
liability terms You offer.
3.5. Distribution of Executable
Versions. You may distribute the Executable form of the Covered
Software under the terms of this License or under the terms of a
license of Your choice, which may contain terms different from
this License, provided that You are in compliance with the terms
of this License and that the license for the Executable form does
not attempt to limit or alter the recipients rights in the Source
Code form from the rights set forth in this License. If You
distribute the Covered Software in Executable form under a
different license, You must make it absolutely clear that any
terms which differ from this License are offered by You alone,
not by the Initial Developer or Contributor. You hereby agree to
indemnify the Initial Developer and every Contributor for any
liability incurred by the Initial Developer or such Contributor
as a result of any such terms You offer.
3.6. Larger
Works. You may create a Larger Work by combining Covered Software
with other code not governed by the terms of this License and
distribute the Larger Work as a single product. In such a case,
You must make sure the requirements of this License are fulfilled
for the Covered Software.
4. Versions of the License.
4.1. New Versions. Sun Microsystems, Inc. is the initial
license steward and may publish revised and/or new versions of
this License from time to time. Each version will be given a
distinguishing version number. Except as provided in Section 4.3,
no one other than the license steward has the right to modify
this License.
4.2. Effect of New Versions. You may always
continue to use, distribute or otherwise make the Covered
Software available under the terms of the version of the License
under which You originally received the Covered Software. If the
Initial Developer includes a notice in the Original Software
prohibiting it from being distributed or otherwise made available
under any subsequent version of the License, You must distribute
and make the Covered Software available under the terms of the
version of the License under which You originally received the
Covered Software. Otherwise, You may also choose to use,
distribute or otherwise make the Covered Software available under
the terms of any subsequent version of the License published by
the license steward.
4.3. Modified Versions. When You are
an Initial Developer and You want to create a new license for
Your Original Software, You may create and use a modified version
of this License if You: (a) rename the license and remove
any references to the name of the license steward (except to note
that the license differs from this License); and (b) otherwise
make it clear that the license contains terms which differ from
this License.
5. DISCLAIMER OF WARRANTY. COVERED SOFTWARE
IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE
OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR
ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY
SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY
COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
DISCLAIMER.
6. TERMINATION.
6.1. This License and
the rights granted hereunder will terminate automatically if You
fail to comply with terms herein and fail to cure such breach
within 30 days of becoming aware of the breach. Provisions which,
by their nature, must remain in effect beyond the termination of
this License shall survive.
6.2. If You assert a patent
infringement claim (excluding declaratory judgment actions)
against Initial Developer or a Contributor (the Initial Developer
or Contributor against whom You assert such claim is referred to
as Participant) alleging that the Participant Software (meaning
the Contributor Version where the Participant is a Contributor or
the Original Software where the Participant is the Initial
Developer) directly or indirectly infringes any patent, then any
and all rights granted directly or indirectly to You by such
Participant, the Initial Developer (if the Initial Developer is
not the Participant) and all Contributors under Sections 2.1
and/or 2.2 of this License shall, upon 60 days notice from
Participant terminate prospectively and automatically at the
expiration of such 60 day notice period, unless if within such 60
day period You withdraw Your claim with respect to the
Participant Software against such Participant either unilaterally
or pursuant to a written agreement with Participant.
6.3.
In the event of termination under Sections 6.1 or 6.2 above,
all end user licenses that have been validly granted by You or
any distributor hereunder prior to termination (excluding
licenses granted to You by any distributor) shall survive
termination.
7. LIMITATION OF LIABILITY. UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO
ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
APPLY TO YOU.
8. U.S. GOVERNMENT END USERS. The Covered
Software is a commercial item, as that term is defined in
48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
computer software (as that term is defined at 48 C.F.R.
252.227-7014(a)(1)) and commercial computer software
documentation as 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), all 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,
and supersedes, any other FAR, DFAR, or other clause or provision
that addresses Government rights in computer software under this
License.
9. MISCELLANEOUS. This License represents the
complete agreement concerning subject matter hereof. If any
provision of this License is held to be unenforceable, such
provision shall be reformed only to the extent necessary to make
it enforceable. This License shall be governed by the law of the
jurisdiction specified in a notice contained within the Original
Software (except to the extent applicable law, if any, provides
otherwise), excluding such jurisdictions conflict-of-law
provisions. Any litigation relating to this License shall be
subject to the jurisdiction of the courts located in the
jurisdiction and venue specified in a notice contained within the
Original Software, with the losing party responsible for costs,
including, without limitation, court costs and reasonable
attorneys fees and expenses. The application of the United
Nations Convention on Contracts for the International Sale of
Goods is expressly excluded. Any law or regulation which provides
that the language of a contract shall be construed against the
drafter shall not apply to this License. You agree that You alone
are responsible for compliance with the United States export
administration regulations (and the export control laws and
regulation of any other countries) when You use, distribute or
otherwise make available any Covered Software.
10.
RESPONSIBILITY FOR CLAIMS. As between Initial Developer and the
Contributors, each party is responsible for claims and damages
arising, directly or indirectly, out of its utilization of rights
under this License and You agree to work with Initial Developer
and Contributors to distribute such responsibility on an
equitable basis. Nothing herein is intended or shall be deemed to
constitute any admission of liability.
NOTICE PURSUANT TO
SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION LICENSE
(CDDL) The code released under the CDDL shall be governed by the
laws of the State of California (excluding conflict-of-law
provisions). Any litigation relating to this License shall be
subject to the jurisdiction of the Federal Courts of the Northern
District of California and the state courts of the State of
California, with venue lying in Santa Clara County, California.