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1 | Valid-License-Identifier: CDDL-1.0 |
2 | SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html | |
3 | Usage-Guide: | |
8ea8814f CH |
4 | Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for |
5 | dual-licensed files where the other license is GPL2 compatible. | |
8639a0c7 HG |
6 | If you end up using this it MUST be used together with a GPL2 compatible |
7 | license using "OR". | |
f1137e96 TG |
8 | To use the Common Development and Distribution License 1.0 put the |
9 | following SPDX tag/value pair into a comment according to the placement | |
10 | guidelines in the licensing rules documentation: | |
8639a0c7 | 11 | SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0) |
f1137e96 TG |
12 | |
13 | License-Text: | |
14 | ||
15 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) | |
16 | Version 1.0 | |
17 | ||
18 | 1. Definitions. | |
19 | ||
20 | 1.1. "Contributor" means each individual or entity that creates or | |
21 | contributes to the creation of Modifications. | |
22 | ||
23 | 1.2. "Contributor Version" means the combination of the Original | |
24 | Software, prior Modifications used by a Contributor (if any), | |
25 | and the Modifications made by that particular Contributor. | |
26 | ||
27 | 1.3. "Covered Software" means (a) the Original Software, or (b) | |
28 | Modifications, or (c) the combination of files containing | |
29 | Original Software with files containing Modifications, in each | |
30 | case including portions thereof. | |
31 | ||
32 | 1.4. "Executable" means the Covered Software in any form other than | |
33 | Source Code. | |
34 | ||
35 | 1.5. "Initial Developer" means the individual or entity that first | |
36 | makes Original Software available under this License. | |
37 | ||
38 | 1.6. "Larger Work" means a work which combines Covered Software or | |
39 | portions thereof with code not governed by the terms of this | |
40 | License. | |
41 | ||
42 | 1.7. "License" means this document. | |
43 | ||
44 | 1.8. "Licensable" means having the right to grant, to the maximum | |
45 | extent possible, whether at the time of the initial grant or | |
46 | subsequently acquired, any and all of the rights conveyed herein. | |
47 | ||
48 | 1.9. "Modifications" means the Source Code and Executable form of | |
49 | any of the following: | |
50 | ||
51 | A. Any file that results from an addition to, deletion from or | |
52 | modification of the contents of a file containing Original | |
53 | Software or previous Modifications; | |
54 | ||
55 | B. Any new file that contains any part of the Original Software | |
56 | or previous Modification; or | |
57 | ||
58 | C. Any new file that is contributed or otherwise made available | |
59 | under the terms of this License. | |
60 | ||
61 | 1.10. "Original Software" means the Source Code and Executable form | |
62 | of computer software code that is originally released under | |
63 | this License. | |
64 | ||
65 | 1.11. "Patent Claims" means any patent claim(s), now owned or | |
66 | hereafter acquired, including without limitation, method, | |
67 | process, and apparatus claims, in any patent Licensable by | |
68 | grantor. | |
69 | ||
70 | 1.12. "Source Code" means (a) the common form of computer software | |
71 | code in which modifications are made and (b) associated | |
72 | documentation included in or with such code. | |
73 | ||
74 | 1.13. "You" (or "Your") means an individual or a legal entity | |
75 | exercising rights under, and complying with all of the terms | |
76 | of, this License. For legal entities, "You" includes any | |
77 | entity which controls, is controlled by, or is under common | |
78 | control with You. For purposes of this definition, "control" | |
79 | means (a) the power, direct or indirect, to cause the | |
80 | direction or management of such entity, whether by contract | |
81 | or otherwise, or (b) ownership of more than fifty percent | |
82 | (50%) of the outstanding shares or beneficial ownership of | |
83 | such entity. | |
84 | ||
85 | 2. License Grants. | |
86 | 2.1. The Initial Developer Grant. | |
87 | ||
88 | Conditioned upon Your compliance with Section 3.1 below and subject | |
89 | to third party intellectual property claims, the Initial Developer | |
90 | hereby grants You a world-wide, royalty-free, non-exclusive | |
91 | license: | |
92 | ||
93 | (a) under intellectual property rights (other than patent or | |
94 | trademark) Licensable by Initial Developer, to use, | |
95 | reproduce, modify, display, perform, sublicense and | |
96 | distribute the Original Software (or portions thereof), | |
97 | with or without Modifications, and/or as part of a Larger | |
98 | Work; and | |
99 | ||
100 | (b) under Patent Claims infringed by the making, using or | |
101 | selling of Original Software, to make, have made, use, | |
102 | practice, sell, and offer for sale, and/or otherwise | |
103 | dispose of the Original Software (or portions thereof). | |
104 | ||
105 | (c) The licenses granted in Sections 2.1(a) and (b) are | |
106 | effective on the date Initial Developer first distributes | |
107 | or otherwise makes the Original Software available to a | |
108 | third party under the terms of this License. | |
109 | ||
110 | (d) Notwithstanding Section 2.1(b) above, no patent license is | |
111 | granted: (1) for code that You delete from the Original | |
112 | Software, or (2) for infringements caused by: (i) the | |
113 | modification of the Original Software, or (ii) the | |
114 | combination of the Original Software with other software or | |
115 | devices. | |
116 | ||
117 | 2.2. Contributor Grant. | |
118 | ||
119 | Conditioned upon Your compliance with Section 3.1 below and subject | |
120 | to third party intellectual property claims, each Contributor | |
121 | hereby grants You a world-wide, royalty-free, non-exclusive | |
122 | license: | |
123 | ||
124 | (a) under intellectual property rights (other than patent or | |
125 | trademark) Licensable by Contributor to use, reproduce, | |
126 | modify, display, perform, sublicense and distribute the | |
127 | Modifications created by such Contributor (or portions | |
128 | thereof), either on an unmodified basis, with other | |
129 | Modifications, as Covered Software and/or as part of a | |
130 | Larger Work; and | |
131 | ||
132 | (b) under Patent Claims infringed by the making, using, or | |
133 | selling of Modifications made by that Contributor either | |
134 | alone and/or in combination with its Contributor Version | |
135 | (or portions of such combination), to make, use, sell, | |
136 | offer for sale, have made, and/or otherwise dispose of: (1) | |
137 | Modifications made by that Contributor (or portions | |
138 | thereof); and (2) the combination of Modifications made by | |
139 | that Contributor with its Contributor Version (or portions | |
140 | of such combination). | |
141 | ||
142 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are | |
143 | effective on the date Contributor first distributes or | |
144 | otherwise makes the Modifications available to a third | |
145 | party. | |
146 | ||
147 | (d) Notwithstanding Section 2.2(b) above, no patent license is | |
148 | granted: (1) for any code that Contributor has deleted from | |
149 | the Contributor Version; (2) for infringements caused by: | |
150 | (i) third party modifications of Contributor Version, or | |
151 | (ii) the combination of Modifications made by that | |
152 | Contributor with other software (except as part of the | |
153 | Contributor Version) or other devices; or (3) under Patent | |
154 | Claims infringed by Covered Software in the absence of | |
155 | Modifications made by that Contributor. | |
156 | ||
157 | 3. Distribution Obligations. | |
158 | 3.1. Availability of Source Code. | |
159 | ||
160 | Any Covered Software that You distribute or otherwise make | |
161 | available in Executable form must also be made available in Source | |
162 | Code form and that Source Code form must be distributed only under | |
163 | the terms of this License. You must include a copy of this License | |
164 | with every copy of the Source Code form of the Covered Software You | |
165 | distribute or otherwise make available. You must inform recipients | |
166 | of any such Covered Software in Executable form as to how they can | |
167 | obtain such Covered Software in Source Code form in a reasonable | |
168 | manner on or through a medium customarily used for software | |
169 | exchange. | |
170 | ||
171 | 3.2. Modifications. | |
172 | ||
173 | The Modifications that You create or to which You contribute are | |
174 | governed by the terms of this License. You represent that You | |
175 | believe Your Modifications are Your original creation(s) and/or You | |
176 | have sufficient rights to grant the rights conveyed by this | |
177 | License. | |
178 | ||
179 | 3.3. Required Notices. | |
180 | ||
181 | You must include a notice in each of Your Modifications that | |
182 | identifies You as the Contributor of the Modification. You may not | |
183 | remove or alter any copyright, patent or trademark notices | |
184 | contained within the Covered Software, or any notices of licensing | |
185 | or any descriptive text giving attribution to any Contributor or | |
186 | the Initial Developer. | |
187 | ||
188 | 3.4. Application of Additional Terms. | |
189 | ||
190 | You may not offer or impose any terms on any Covered Software in | |
191 | Source Code form that alters or restricts the applicable version of | |
192 | this License or the recipients' rights hereunder. You may choose to | |
193 | offer, and to charge a fee for, warranty, support, indemnity or | |
194 | liability obligations to one or more recipients of Covered | |
195 | Software. However, you may do so only on Your own behalf, and not | |
196 | on behalf of the Initial Developer or any Contributor. You must | |
197 | make it absolutely clear that any such warranty, support, indemnity | |
198 | or liability obligation is offered by You alone, and You hereby | |
199 | agree to indemnify the Initial Developer and every Contributor for | |
200 | any liability incurred by the Initial Developer or such Contributor | |
201 | as a result of warranty, support, indemnity or liability terms You | |
202 | offer. | |
203 | ||
204 | 3.5. Distribution of Executable Versions. | |
205 | ||
206 | You may distribute the Executable form of the Covered Software | |
207 | under the terms of this License or under the terms of a license of | |
208 | Your choice, which may contain terms different from this License, | |
209 | provided that You are in compliance with the terms of this License | |
210 | and that the license for the Executable form does not attempt to | |
211 | limit or alter the recipient's rights in the Source Code form from | |
212 | the rights set forth in this License. If You distribute the Covered | |
213 | Software in Executable form under a different license, You must | |
214 | make it absolutely clear that any terms which differ from this | |
215 | License are offered by You alone, not by the Initial Developer or | |
216 | Contributor. You hereby agree to indemnify the Initial Developer | |
217 | and every Contributor for any liability incurred by the Initial | |
218 | Developer or such Contributor as a result of any such terms You | |
219 | offer. | |
220 | ||
221 | 3.6. Larger Works. | |
222 | ||
223 | You may create a Larger Work by combining Covered Software with | |
224 | other code not governed by the terms of this License and distribute | |
225 | the Larger Work as a single product. In such a case, You must make | |
226 | sure the requirements of this License are fulfilled for the Covered | |
227 | Software. | |
228 | ||
229 | 4. Versions of the License. | |
230 | 4.1. New Versions. | |
231 | ||
232 | Sun Microsystems, Inc. is the initial license steward and may | |
233 | publish revised and/or new versions of this License from time to | |
234 | time. Each version will be given a distinguishing version | |
235 | number. Except as provided in Section 4.3, no one other than the | |
236 | license steward has the right to modify this License. | |
237 | ||
238 | 4.2. Effect of New Versions. | |
239 | ||
240 | You may always continue to use, distribute or otherwise make the | |
241 | Covered Software available under the terms of the version of the | |
242 | License under which You originally received the Covered | |
243 | Software. If the Initial Developer includes a notice in the | |
244 | Original Software prohibiting it from being distributed or | |
245 | otherwise made available under any subsequent version of the | |
246 | License, You must distribute and make the Covered Software | |
247 | available under the terms of the version of the License under which | |
248 | You originally received the Covered Software. Otherwise, You may | |
249 | also choose to use, distribute or otherwise make the Covered | |
250 | Software available under the terms of any subsequent version of the | |
251 | License published by the license steward. | |
252 | ||
253 | 4.3. Modified Versions. | |
254 | ||
255 | When You are an Initial Developer and You want to create a new | |
256 | license for Your Original Software, You may create and use a | |
257 | modified version of this License if You: (a) rename the license and | |
258 | remove any references to the name of the license steward (except to | |
259 | note that the license differs from this License); and (b) otherwise | |
260 | make it clear that the license contains terms which differ from | |
261 | this License. | |
262 | ||
263 | 5. DISCLAIMER OF WARRANTY. | |
264 | ||
265 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, | |
266 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, | |
267 | WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF | |
268 | DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR | |
269 | NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF | |
270 | THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE | |
271 | DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER | |
272 | CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR | |
273 | CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART | |
274 | OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER | |
275 | EXCEPT UNDER THIS DISCLAIMER. | |
276 | ||
277 | 6. TERMINATION. | |
278 | ||
279 | 6.1. This License and the rights granted hereunder will terminate | |
280 | automatically if You fail to comply with terms herein and fail to | |
281 | cure such breach within 30 days of becoming aware of the | |
282 | breach. Provisions which, by their nature, must remain in effect | |
283 | beyond the termination of this License shall survive. | |
284 | ||
285 | 6.2. If You assert a patent infringement claim (excluding | |
286 | declaratory judgment actions) against Initial Developer or a | |
287 | Contributor (the Initial Developer or Contributor against whom You | |
288 | assert such claim is referred to as "Participant") alleging that | |
289 | the Participant Software (meaning the Contributor Version where the | |
290 | Participant is a Contributor or the Original Software where the | |
291 | Participant is the Initial Developer) directly or indirectly | |
292 | infringes any patent, then any and all rights granted directly or | |
293 | indirectly to You by such Participant, the Initial Developer (if | |
294 | the Initial Developer is not the Participant) and all Contributors | |
295 | under Sections 2.1 and/or 2.2 of this License shall, upon 60 days | |
296 | notice from Participant terminate prospectively and automatically | |
297 | at the expiration of such 60 day notice period, unless if within | |
298 | such 60 day period You withdraw Your claim with respect to the | |
299 | Participant Software against such Participant either unilaterally | |
300 | or pursuant to a written agreement with Participant. | |
301 | ||
302 | 6.3. In the event of termination under Sections 6.1 or 6.2 above, | |
303 | all end user licenses that have been validly granted by You or any | |
304 | distributor hereunder prior to termination (excluding licenses | |
305 | granted to You by any distributor) shall survive termination. | |
306 | ||
307 | 7. LIMITATION OF LIABILITY. | |
308 | ||
309 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT | |
310 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL | |
311 | DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED | |
312 | SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY | |
313 | PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES | |
314 | OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST | |
315 | PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR | |
316 | MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF | |
317 | SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH | |
318 | DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR | |
319 | DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE | |
320 | EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO | |
321 | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL | |
322 | DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. | |
323 | ||
324 | 8. U.S. GOVERNMENT END USERS. | |
325 | ||
326 | The Covered Software is a "commercial item," as that term is defined in | |
327 | 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer | |
328 | software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1)) | |
329 | and "commercial computer software documentation" as such terms are used | |
330 | in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and | |
331 | 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all | |
332 | U.S. Government End Users acquire Covered Software with only those | |
333 | rights set forth herein. This U.S. Government Rights clause is in lieu | |
334 | of, and supersedes, any other FAR, DFAR, or other clause or provision | |
335 | that addresses Government rights in computer software under this | |
336 | License. | |
337 | ||
338 | 9. MISCELLANEOUS. | |
339 | ||
340 | This License represents the complete agreement concerning subject | |
341 | matter hereof. If any provision of this License is held to be | |
342 | unenforceable, such provision shall be reformed only to the extent | |
343 | necessary to make it enforceable. This License shall be governed by the | |
344 | law of the jurisdiction specified in a notice contained within the | |
345 | Original Software (except to the extent applicable law, if any, | |
346 | provides otherwise), excluding such jurisdiction's conflict-of-law | |
347 | provisions. Any litigation relating to this License shall be subject to | |
348 | the jurisdiction of the courts located in the jurisdiction and venue | |
349 | specified in a notice contained within the Original Software, with the | |
350 | losing party responsible for costs, including, without limitation, | |
351 | court costs and reasonable attorneys' fees and expenses. The | |
352 | application of the United Nations Convention on Contracts for the | |
353 | International Sale of Goods is expressly excluded. Any law or | |
354 | regulation which provides that the language of a contract shall be | |
355 | construed against the drafter shall not apply to this License. You | |
356 | agree that You alone are responsible for compliance with the United | |
357 | States export administration regulations (and the export control laws | |
358 | and regulation of any other countries) when You use, distribute or | |
359 | otherwise make available any Covered Software. | |
360 | ||
361 | 10. RESPONSIBILITY FOR CLAIMS. | |
362 | ||
363 | As between Initial Developer and the Contributors, each party is | |
364 | responsible for claims and damages arising, directly or indirectly, out | |
365 | of its utilization of rights under this License and You agree to work | |
366 | with Initial Developer and Contributors to distribute such | |
367 | responsibility on an equitable basis. Nothing herein is intended or | |
368 | shall be deemed to constitute any admission of liability. |