CDDL-1.0 19 KB

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