0001 Valid-License-Identifier: CDDL-1.0
0002 SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
0003 Usage-Guide:
0004 Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for
0005 dual-licensed files where the other license is GPL2 compatible.
0006 If you end up using this it MUST be used together with a GPL2 compatible
0007 license using "OR".
0008 To use the Common Development and Distribution License 1.0 put the
0009 following SPDX tag/value pair into a comment according to the placement
0010 guidelines in the licensing rules documentation:
0011 SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
0012
0013 License-Text:
0014
0015 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
0016 Version 1.0
0017
0018 1. Definitions.
0019
0020 1.1. "Contributor" means each individual or entity that creates or
0021 contributes to the creation of Modifications.
0022
0023 1.2. "Contributor Version" means the combination of the Original
0024 Software, prior Modifications used by a Contributor (if any),
0025 and the Modifications made by that particular Contributor.
0026
0027 1.3. "Covered Software" means (a) the Original Software, or (b)
0028 Modifications, or (c) the combination of files containing
0029 Original Software with files containing Modifications, in each
0030 case including portions thereof.
0031
0032 1.4. "Executable" means the Covered Software in any form other than
0033 Source Code.
0034
0035 1.5. "Initial Developer" means the individual or entity that first
0036 makes Original Software available under this License.
0037
0038 1.6. "Larger Work" means a work which combines Covered Software or
0039 portions thereof with code not governed by the terms of this
0040 License.
0041
0042 1.7. "License" means this document.
0043
0044 1.8. "Licensable" means having the right to grant, to the maximum
0045 extent possible, whether at the time of the initial grant or
0046 subsequently acquired, any and all of the rights conveyed herein.
0047
0048 1.9. "Modifications" means the Source Code and Executable form of
0049 any of the following:
0050
0051 A. Any file that results from an addition to, deletion from or
0052 modification of the contents of a file containing Original
0053 Software or previous Modifications;
0054
0055 B. Any new file that contains any part of the Original Software
0056 or previous Modification; or
0057
0058 C. Any new file that is contributed or otherwise made available
0059 under the terms of this License.
0060
0061 1.10. "Original Software" means the Source Code and Executable form
0062 of computer software code that is originally released under
0063 this License.
0064
0065 1.11. "Patent Claims" means any patent claim(s), now owned or
0066 hereafter acquired, including without limitation, method,
0067 process, and apparatus claims, in any patent Licensable by
0068 grantor.
0069
0070 1.12. "Source Code" means (a) the common form of computer software
0071 code in which modifications are made and (b) associated
0072 documentation included in or with such code.
0073
0074 1.13. "You" (or "Your") means an individual or a legal entity
0075 exercising rights under, and complying with all of the terms
0076 of, this License. For legal entities, "You" includes any
0077 entity which controls, is controlled by, or is under common
0078 control with You. For purposes of this definition, "control"
0079 means (a) the power, direct or indirect, to cause the
0080 direction or management of such entity, whether by contract
0081 or otherwise, or (b) ownership of more than fifty percent
0082 (50%) of the outstanding shares or beneficial ownership of
0083 such entity.
0084
0085 2. License Grants.
0086 2.1. The Initial Developer Grant.
0087
0088 Conditioned upon Your compliance with Section 3.1 below and subject
0089 to third party intellectual property claims, the Initial Developer
0090 hereby grants You a world-wide, royalty-free, non-exclusive
0091 license:
0092
0093 (a) under intellectual property rights (other than patent or
0094 trademark) Licensable by Initial Developer, to use,
0095 reproduce, modify, display, perform, sublicense and
0096 distribute the Original Software (or portions thereof),
0097 with or without Modifications, and/or as part of a Larger
0098 Work; and
0099
0100 (b) under Patent Claims infringed by the making, using or
0101 selling of Original Software, to make, have made, use,
0102 practice, sell, and offer for sale, and/or otherwise
0103 dispose of the Original Software (or portions thereof).
0104
0105 (c) The licenses granted in Sections 2.1(a) and (b) are
0106 effective on the date Initial Developer first distributes
0107 or otherwise makes the Original Software available to a
0108 third party under the terms of this License.
0109
0110 (d) Notwithstanding Section 2.1(b) above, no patent license is
0111 granted: (1) for code that You delete from the Original
0112 Software, or (2) for infringements caused by: (i) the
0113 modification of the Original Software, or (ii) the
0114 combination of the Original Software with other software or
0115 devices.
0116
0117 2.2. Contributor Grant.
0118
0119 Conditioned upon Your compliance with Section 3.1 below and subject
0120 to third party intellectual property claims, each Contributor
0121 hereby grants You a world-wide, royalty-free, non-exclusive
0122 license:
0123
0124 (a) under intellectual property rights (other than patent or
0125 trademark) Licensable by Contributor to use, reproduce,
0126 modify, display, perform, sublicense and distribute the
0127 Modifications created by such Contributor (or portions
0128 thereof), either on an unmodified basis, with other
0129 Modifications, as Covered Software and/or as part of a
0130 Larger Work; and
0131
0132 (b) under Patent Claims infringed by the making, using, or
0133 selling of Modifications made by that Contributor either
0134 alone and/or in combination with its Contributor Version
0135 (or portions of such combination), to make, use, sell,
0136 offer for sale, have made, and/or otherwise dispose of: (1)
0137 Modifications made by that Contributor (or portions
0138 thereof); and (2) the combination of Modifications made by
0139 that Contributor with its Contributor Version (or portions
0140 of such combination).
0141
0142 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
0143 effective on the date Contributor first distributes or
0144 otherwise makes the Modifications available to a third
0145 party.
0146
0147 (d) Notwithstanding Section 2.2(b) above, no patent license is
0148 granted: (1) for any code that Contributor has deleted from
0149 the Contributor Version; (2) for infringements caused by:
0150 (i) third party modifications of Contributor Version, or
0151 (ii) the combination of Modifications made by that
0152 Contributor with other software (except as part of the
0153 Contributor Version) or other devices; or (3) under Patent
0154 Claims infringed by Covered Software in the absence of
0155 Modifications made by that Contributor.
0156
0157 3. Distribution Obligations.
0158 3.1. Availability of Source Code.
0159
0160 Any Covered Software that You distribute or otherwise make
0161 available in Executable form must also be made available in Source
0162 Code form and that Source Code form must be distributed only under
0163 the terms of this License. You must include a copy of this License
0164 with every copy of the Source Code form of the Covered Software You
0165 distribute or otherwise make available. You must inform recipients
0166 of any such Covered Software in Executable form as to how they can
0167 obtain such Covered Software in Source Code form in a reasonable
0168 manner on or through a medium customarily used for software
0169 exchange.
0170
0171 3.2. Modifications.
0172
0173 The Modifications that You create or to which You contribute are
0174 governed by the terms of this License. You represent that You
0175 believe Your Modifications are Your original creation(s) and/or You
0176 have sufficient rights to grant the rights conveyed by this
0177 License.
0178
0179 3.3. Required Notices.
0180
0181 You must include a notice in each of Your Modifications that
0182 identifies You as the Contributor of the Modification. You may not
0183 remove or alter any copyright, patent or trademark notices
0184 contained within the Covered Software, or any notices of licensing
0185 or any descriptive text giving attribution to any Contributor or
0186 the Initial Developer.
0187
0188 3.4. Application of Additional Terms.
0189
0190 You may not offer or impose any terms on any Covered Software in
0191 Source Code form that alters or restricts the applicable version of
0192 this License or the recipients' rights hereunder. You may choose to
0193 offer, and to charge a fee for, warranty, support, indemnity or
0194 liability obligations to one or more recipients of Covered
0195 Software. However, you may do so only on Your own behalf, and not
0196 on behalf of the Initial Developer or any Contributor. You must
0197 make it absolutely clear that any such warranty, support, indemnity
0198 or liability obligation is offered by You alone, and You hereby
0199 agree to indemnify the Initial Developer and every Contributor for
0200 any liability incurred by the Initial Developer or such Contributor
0201 as a result of warranty, support, indemnity or liability terms You
0202 offer.
0203
0204 3.5. Distribution of Executable Versions.
0205
0206 You may distribute the Executable form of the Covered Software
0207 under the terms of this License or under the terms of a license of
0208 Your choice, which may contain terms different from this License,
0209 provided that You are in compliance with the terms of this License
0210 and that the license for the Executable form does not attempt to
0211 limit or alter the recipient's rights in the Source Code form from
0212 the rights set forth in this License. If You distribute the Covered
0213 Software in Executable form under a different license, You must
0214 make it absolutely clear that any terms which differ from this
0215 License are offered by You alone, not by the Initial Developer or
0216 Contributor. You hereby agree to indemnify the Initial Developer
0217 and every Contributor for any liability incurred by the Initial
0218 Developer or such Contributor as a result of any such terms You
0219 offer.
0220
0221 3.6. Larger Works.
0222
0223 You may create a Larger Work by combining Covered Software with
0224 other code not governed by the terms of this License and distribute
0225 the Larger Work as a single product. In such a case, You must make
0226 sure the requirements of this License are fulfilled for the Covered
0227 Software.
0228
0229 4. Versions of the License.
0230 4.1. New Versions.
0231
0232 Sun Microsystems, Inc. is the initial license steward and may
0233 publish revised and/or new versions of this License from time to
0234 time. Each version will be given a distinguishing version
0235 number. Except as provided in Section 4.3, no one other than the
0236 license steward has the right to modify this License.
0237
0238 4.2. Effect of New Versions.
0239
0240 You may always continue to use, distribute or otherwise make the
0241 Covered Software available under the terms of the version of the
0242 License under which You originally received the Covered
0243 Software. If the Initial Developer includes a notice in the
0244 Original Software prohibiting it from being distributed or
0245 otherwise made available under any subsequent version of the
0246 License, You must distribute and make the Covered Software
0247 available under the terms of the version of the License under which
0248 You originally received the Covered Software. Otherwise, You may
0249 also choose to use, distribute or otherwise make the Covered
0250 Software available under the terms of any subsequent version of the
0251 License published by the license steward.
0252
0253 4.3. Modified Versions.
0254
0255 When You are an Initial Developer and You want to create a new
0256 license for Your Original Software, You may create and use a
0257 modified version of this License if You: (a) rename the license and
0258 remove any references to the name of the license steward (except to
0259 note that the license differs from this License); and (b) otherwise
0260 make it clear that the license contains terms which differ from
0261 this License.
0262
0263 5. DISCLAIMER OF WARRANTY.
0264
0265 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
0266 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
0267 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
0268 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
0269 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
0270 THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
0271 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
0272 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
0273 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
0274 OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
0275 EXCEPT UNDER THIS DISCLAIMER.
0276
0277 6. TERMINATION.
0278
0279 6.1. This License and the rights granted hereunder will terminate
0280 automatically if You fail to comply with terms herein and fail to
0281 cure such breach within 30 days of becoming aware of the
0282 breach. Provisions which, by their nature, must remain in effect
0283 beyond the termination of this License shall survive.
0284
0285 6.2. If You assert a patent infringement claim (excluding
0286 declaratory judgment actions) against Initial Developer or a
0287 Contributor (the Initial Developer or Contributor against whom You
0288 assert such claim is referred to as "Participant") alleging that
0289 the Participant Software (meaning the Contributor Version where the
0290 Participant is a Contributor or the Original Software where the
0291 Participant is the Initial Developer) directly or indirectly
0292 infringes any patent, then any and all rights granted directly or
0293 indirectly to You by such Participant, the Initial Developer (if
0294 the Initial Developer is not the Participant) and all Contributors
0295 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
0296 notice from Participant terminate prospectively and automatically
0297 at the expiration of such 60 day notice period, unless if within
0298 such 60 day period You withdraw Your claim with respect to the
0299 Participant Software against such Participant either unilaterally
0300 or pursuant to a written agreement with Participant.
0301
0302 6.3. In the event of termination under Sections 6.1 or 6.2 above,
0303 all end user licenses that have been validly granted by You or any
0304 distributor hereunder prior to termination (excluding licenses
0305 granted to You by any distributor) shall survive termination.
0306
0307 7. LIMITATION OF LIABILITY.
0308
0309 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
0310 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
0311 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
0312 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
0313 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
0314 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
0315 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
0316 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
0317 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
0318 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
0319 DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
0320 EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
0321 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
0322 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
0323
0324 8. U.S. GOVERNMENT END USERS.
0325
0326 The Covered Software is a "commercial item," as that term is defined in
0327 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
0328 software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
0329 and "commercial computer software documentation" as such terms are used
0330 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
0331 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
0332 U.S. Government End Users acquire Covered Software with only those
0333 rights set forth herein. This U.S. Government Rights clause is in lieu
0334 of, and supersedes, any other FAR, DFAR, or other clause or provision
0335 that addresses Government rights in computer software under this
0336 License.
0337
0338 9. MISCELLANEOUS.
0339
0340 This License represents the complete agreement concerning subject
0341 matter hereof. If any provision of this License is held to be
0342 unenforceable, such provision shall be reformed only to the extent
0343 necessary to make it enforceable. This License shall be governed by the
0344 law of the jurisdiction specified in a notice contained within the
0345 Original Software (except to the extent applicable law, if any,
0346 provides otherwise), excluding such jurisdiction's conflict-of-law
0347 provisions. Any litigation relating to this License shall be subject to
0348 the jurisdiction of the courts located in the jurisdiction and venue
0349 specified in a notice contained within the Original Software, with the
0350 losing party responsible for costs, including, without limitation,
0351 court costs and reasonable attorneys' fees and expenses. The
0352 application of the United Nations Convention on Contracts for the
0353 International Sale of Goods is expressly excluded. Any law or
0354 regulation which provides that the language of a contract shall be
0355 construed against the drafter shall not apply to this License. You
0356 agree that You alone are responsible for compliance with the United
0357 States export administration regulations (and the export control laws
0358 and regulation of any other countries) when You use, distribute or
0359 otherwise make available any Covered Software.
0360
0361 10. RESPONSIBILITY FOR CLAIMS.
0362
0363 As between Initial Developer and the Contributors, each party is
0364 responsible for claims and damages arising, directly or indirectly, out
0365 of its utilization of rights under this License and You agree to work
0366 with Initial Developer and Contributors to distribute such
0367 responsibility on an equitable basis. Nothing herein is intended or
0368 shall be deemed to constitute any admission of liability.
