+++ /dev/null
-Valid-License-Identifier: CDDL-1.0
-SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
-Usage-Guide:
- Do NOT use. The CDDL-1.0 is not GPL compatible. It may only be used for
- dual-licensed files where the other license is GPL compatible.
- If you end up using this it MUST be used together with a GPL2 compatible
- license using "OR".
- To use the Common Development and Distribution License 1.0 put the
- following SPDX tag/value pair into a comment according to the placement
- guidelines in the licensing rules documentation:
- SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
-
-License-Text:
-
-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 recipient's 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 PARTY'S 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 jurisdiction's 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.
projects / linux-2.6-block.git / blobdiff