cddl1.txt   [plain 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.