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363 lines
18 KiB
363 lines
18 KiB
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
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1. Definitions.
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1.1. "Contributor" means each individual or entity that creates or
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contributes to the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original
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Software, prior Modifications used by a Contributor (if any), and
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the Modifications made by that particular Contributor.
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1.3. "Covered Software" means (a) the Original Software, or (b)
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Modifications, or (c) the combination of files containing Original
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Software with files containing Modifications, in each case including
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portions thereof.
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1.4. "Executable" means the Covered Software in any form other than
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Source Code.
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1.5. "Initial Developer" means the individual or entity that first
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makes Original Software available under this License.
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1.6. "Larger Work" means a work which combines Covered Software or
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portions thereof with code not governed by the terms of this License.
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1.7. "License" means this document.
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1.8. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed herein.
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1.9. "Modifications" means the Source Code and Executable form of
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any of the following:
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A. Any file that results from an addition to, deletion from or
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modification of the contents of a file containing Original Software
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or previous Modifications;
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B. Any new file that contains any part of the Original Software or
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previous Modification; or
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C. Any new file that is contributed or otherwise made available
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under the terms of this License.
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1.10. "Original Software" means the Source Code and Executable form
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of computer software code that is originally released under this
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License.
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1.11. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method, process,
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and apparatus claims, in any patent Licensable by grantor.
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1.12. "Source Code" means (a) the common form of computer software
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code in which modifications are made and (b) associated
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documentation included in or with such code.
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1.13. "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms of,
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this License. For legal entities, "You" includes any entity which
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controls, is controlled by, or is under common control with You. For
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purposes of this definition, "control" means (a) the power, direct
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or indirect, to cause the direction or management of such entity,
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whether by contract or otherwise, or (b) ownership of more than
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fifty percent (50%) of the outstanding shares or beneficial
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ownership of such entity.
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2. License Grants.
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2.1. The Initial Developer Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject
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to third party intellectual property claims, the Initial Developer
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hereby grants You a world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer, to use, reproduce,
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modify, display, perform, sublicense and distribute the Original
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Software (or portions thereof), with or without Modifications,
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and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using or selling of
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Original Software, to make, have made, use, practice, sell, and
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offer for sale, and/or otherwise dispose of the Original Software
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(or portions thereof).
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(c) The licenses granted in Sections 2.1(a) and (b) are effective on
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the date Initial Developer first distributes or otherwise makes the
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Original Software available to a third party under the terms of this
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License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is
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granted: (1) for code that You delete from the Original Software, or
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(2) for infringements caused by: (i) the modification of the
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Original Software, or (ii) the combination of the Original Software
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with other software or devices.
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2.2. Contributor Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject
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to third party intellectual property claims, each Contributor hereby
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grants You a world-wide, royalty-free, non-exclusive license:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor to use, reproduce, modify,
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display, perform, sublicense and distribute the Modifications
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created by such Contributor (or portions thereof), either on an
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unmodified basis, with other Modifications, as Covered Software
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and/or as part of a Larger Work; and
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(b) under Patent Claims infringed by the making, using, or selling
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of Modifications made by that Contributor either alone and/or in
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combination with its Contributor Version (or portions of such
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combination), to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of: (1) Modifications made by that Contributor (or
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portions thereof); and (2) the combination of Modifications made by
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that Contributor with its Contributor Version (or portions of such
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combination).
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
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on the date Contributor first distributes or otherwise makes the
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Modifications available to a third party.
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted: (1) for any code that Contributor has deleted from the
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Contributor Version; (2) for infringements caused by: (i) third
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party modifications of Contributor Version, or (ii) the combination
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of Modifications made by that Contributor with other software
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(except as part of the Contributor Version) or other devices; or (3)
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under Patent Claims infringed by Covered Software in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make available
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in Executable form must also be made available in Source Code form
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and that Source Code form must be distributed only under the terms
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of this License. You must include a copy of this License with every
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copy of the Source Code form of the Covered Software You distribute
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or otherwise make available. You must inform recipients of any such
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Covered Software in Executable form as to how they can obtain such
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Covered Software in Source Code form in a reasonable manner on or
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through a medium customarily used for software exchange.
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3.2. Modifications.
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The Modifications that You create or to which You contribute are
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governed by the terms of this License. You represent that You
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believe Your Modifications are Your original creation(s) and/or You
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have sufficient rights to grant the rights conveyed by this License.
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3.3. Required Notices.
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You must include a notice in each of Your Modifications that
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identifies You as the Contributor of the Modification. You may not
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remove or alter any copyright, patent or trademark notices contained
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within the Covered Software, or any notices of licensing or any
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descriptive text giving attribution to any Contributor or the
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Initial Developer.
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3.4. Application of Additional Terms.
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You may not offer or impose any terms on any Covered Software in
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Source Code form that alters or restricts the applicable version of
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this License or the recipients' rights hereunder. You may choose to
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offer, and to charge a fee for, warranty, support, indemnity or
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liability obligations to one or more recipients of Covered Software.
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However, you may do so only on Your own behalf, and not on behalf of
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the Initial Developer or any Contributor. You must make it
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absolutely clear that any such warranty, support, indemnity or
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liability obligation is offered by You alone, and You hereby agree
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to indemnify the Initial Developer and every Contributor for any
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liability incurred by the Initial Developer or such Contributor as a
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result of warranty, support, indemnity or liability terms You offer.
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3.5. Distribution of Executable Versions.
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You may distribute the Executable form of the Covered Software under
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the terms of this License or under the terms of a license of Your
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choice, which may contain terms different from this License,
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provided that You are in compliance with the terms of this License
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and that the license for the Executable form does not attempt to
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limit or alter the recipient's rights in the Source Code form from
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the rights set forth in this License. If You distribute the Covered
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Software in Executable form under a different license, You must make
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it absolutely clear that any terms which differ from this License
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are offered by You alone, not by the Initial Developer or
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Contributor. You hereby agree to indemnify the Initial Developer and
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every Contributor for any liability incurred by the Initial
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Developer or such Contributor as a result of any such terms You offer.
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3.6. Larger Works.
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You may create a Larger Work by combining Covered Software with
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other code not governed by the terms of this License and distribute
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the Larger Work as a single product. In such a case, You must make
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sure the requirements of this License are fulfilled for the Covered
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Software.
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4. Versions of the License.
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4.1. New Versions.
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Oracle is the initial license steward and may publish revised and/or
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new versions of this License from time to time. Each version will be
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given a distinguishing version number. Except as provided in Section
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4.3, no one other than the license steward has the right to modify
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this License.
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4.2. Effect of New Versions.
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You may always continue to use, distribute or otherwise make the
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Covered Software available under the terms of the version of the
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License under which You originally received the Covered Software. If
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the Initial Developer includes a notice in the Original Software
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prohibiting it from being distributed or otherwise made available
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under any subsequent version of the License, You must distribute and
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make the Covered Software available under the terms of the version
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of the License under which You originally received the Covered
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Software. Otherwise, You may also choose to use, distribute or
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otherwise make the Covered Software available under the terms of any
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subsequent version of the License published by the license steward.
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4.3. Modified Versions.
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When You are an Initial Developer and You want to create a new
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license for Your Original Software, You may create and use a
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modified version of this License if You: (a) rename the license and
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remove any references to the name of the license steward (except to
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note that the license differs from this License); and (b) otherwise
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make it clear that the license contains terms which differ from this
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License.
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5. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
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IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
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THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
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OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
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REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
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ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS
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AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
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6. TERMINATION.
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6.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to
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cure such breach within 30 days of becoming aware of the breach.
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Provisions which, by their nature, must remain in effect beyond the
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termination of this License shall survive.
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6.2. If You assert a patent infringement claim (excluding
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declaratory judgment actions) against Initial Developer or a
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Contributor (the Initial Developer or Contributor against whom You
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assert such claim is referred to as "Participant") alleging that the
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Participant Software (meaning the Contributor Version where the
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Participant is a Contributor or the Original Software where the
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Participant is the Initial Developer) directly or indirectly
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infringes any patent, then any and all rights granted directly or
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indirectly to You by such Participant, the Initial Developer (if the
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Initial Developer is not the Participant) and all Contributors under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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from Participant terminate prospectively and automatically at the
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expiration of such 60 day notice period, unless if within such 60
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day period You withdraw Your claim with respect to the Participant
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Software against such Participant either unilaterally or pursuant to
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a written agreement with Participant.
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6.3. If You assert a patent infringement claim against Participant
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alleging that the Participant Software directly or indirectly
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infringes any patent where such claim is resolved (such as by
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license or settlement) prior to the initiation of patent
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infringement litigation, then the reasonable value of the licenses
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granted by such Participant under Sections 2.1 or 2.2 shall be taken
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into account in determining the amount or value of any payment or
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license.
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6.4. In the event of termination under Sections 6.1 or 6.2 above,
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all end user licenses that have been validly granted by You or any
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distributor hereunder prior to termination (excluding licenses
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granted to You by any distributor) shall survive termination.
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7. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
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INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
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COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
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TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
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CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
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LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
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FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
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LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
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POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
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APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
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PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
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LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
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LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
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AND LIMITATION MAY NOT APPLY TO YOU.
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8. U.S. GOVERNMENT END USERS.
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The Covered Software is a "commercial item," as that term is defined
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in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
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software" (as that term is defined at 48 C.F.R. §
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252.227-7014(a)(1)) and "commercial computer software documentation"
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as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
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with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
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(June 1995), all U.S. Government End Users acquire Covered Software
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with only those rights set forth herein. This U.S. Government Rights
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clause is in lieu of, and supersedes, any other FAR, DFAR, or other
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clause or provision that addresses Government rights in computer
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software under this License.
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This License shall be governed by
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the law of the jurisdiction specified in a notice contained within
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the Original Software (except to the extent applicable law, if any,
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provides otherwise), excluding such jurisdiction's conflict-of-law
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provisions. Any litigation relating to this License shall be subject
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to the jurisdiction of the courts located in the jurisdiction and
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venue specified in a notice contained within the Original Software,
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with the losing party responsible for costs, including, without
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limitation, court costs and reasonable attorneys' fees and expenses.
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The application of the United Nations Convention on Contracts for
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the International Sale of Goods is expressly excluded. Any law or
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regulation which provides that the language of a contract shall be
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construed against the drafter shall not apply to this License. You
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agree that You alone are responsible for compliance with the United
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States export administration regulations (and the export control
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laws and regulation of any other countries) when You use, distribute
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or otherwise make available any Covered Software.
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10. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is
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responsible for claims and damages arising, directly or indirectly,
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out of its utilization of rights under this License and You agree to
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work with Initial Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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------------------------------------------------------------------------
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
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LICENSE (CDDL)
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The code released under the CDDL shall be governed by the laws of the
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State of California (excluding conflict-of-law provisions). Any
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litigation relating to this License shall be subject to the jurisdiction
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of the Federal Courts of the Northern District of California and the
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state courts of the State of California, with venue lying in Santa Clara
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County, California.
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