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