Subversion Repositories XServices

Rev

Details | Last modification | View Log | RSS feed

Rev Author Line No. Line
5 brianR 1
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
2
 
3
 
4
      1. Definitions.
5
 
6
            1.1. "Contributor" means each individual or entity that
7
            creates or contributes to the creation of Modifications.
8
 
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.
13
 
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.
18
 
19
            1.4. "Executable" means the Covered Software in any form
20
            other than Source Code.
21
 
22
            1.5. "Initial Developer" means the individual or entity
23
            that first makes Original Software available under this
24
            License.
25
 
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.
29
 
30
            1.7. "License" means this document.
31
 
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
35
            conveyed herein.
36
 
37
            1.9. "Modifications" means the Source Code and Executable
38
            form of any of the following:
39
 
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
43
                  Modifications;
44
 
45
                  B. Any new file that contains any part of the
46
                  Original Software or previous Modification; or
47
 
48
                  C. Any new file that is contributed or otherwise made
49
                  available under the terms of this License.
50
 
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.
54
 
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.
59
 
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.
63
 
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.
74
 
75
      2. License Grants.
76
 
77
            2.1. The Initial Developer Grant.
78
 
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:
83
 
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
90
 
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
95
                  portions thereof).
96
 
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
101
                  License.
102
 
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.
109
 
110
            2.2. Contributor Grant.
111
 
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:
116
 
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
124
 
125
 
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).
136
 
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.
141
 
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.
152
 
153
      3. Distribution Obligations.
154
 
155
            3.1. Availability of Source Code.
156
 
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.
168
 
169
            3.2. Modifications.
170
 
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.
176
 
177
            3.3. Required Notices.
178
 
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.
185
 
186
            3.4. Application of Additional Terms.
187
 
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.
202
 
203
 
204
            3.5. Distribution of Executable Versions.
205
 
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
221
            You offer.
222
 
223
            3.6. Larger Works.
224
 
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.
230
 
231
      4. Versions of the License.
232
 
233
            4.1. New Versions.
234
 
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.
241
 
242
            4.2. Effect of New Versions.
243
 
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.
257
 
258
            4.3. Modified Versions.
259
 
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.
267
 
268
 
269
      5. DISCLAIMER OF WARRANTY.
270
 
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
282
      DISCLAIMER.
283
 
284
      6. TERMINATION.
285
 
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.
292
 
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
311
            Participant.
312
 
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.
318
 
319
      7. LIMITATION OF LIABILITY.
320
 
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
336
      APPLY TO YOU.
337
 
338
      8. U.S. GOVERNMENT END USERS.
339
 
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.
351
 
352
      9. MISCELLANEOUS.
353
 
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.
375
 
376
      10. RESPONSIBILITY FOR CLAIMS.
377
 
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
384
      of liability.