407 lines
18 KiB
HTML
Executable File
407 lines
18 KiB
HTML
Executable File
<!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN">
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<html>
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<head>
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<meta http-equiv="content-type"
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content="text/html; charset=ISO-8859-1">
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<title>CDDL ver. 1.0</title>
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<meta name="author" content="Cliff Allen">
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</head>
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<body>
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0
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1. <br>
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<br>
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Definitions.
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<br>
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<br>
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1.1. <span style="font-style: italic;">Contributor</span> means each
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individual or entity that creates or
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contributes to the creation of Modifications.
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<br>
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<br>
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1.2. <span style="font-style: italic;">Contributor Version</span>
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means the combination of the Original
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Software, prior Modifications used by a Contributor (if any), and the
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Modifications made by that particular Contributor.
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<br>
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<br>
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1.3. <span style="font-style: italic;">Covered Software</span> means
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(a) the Original Software, or (b)
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Modifications, or (c) the combination of files containing Original
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Software with files containing Modifications, in each case including
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portions thereof.
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<br>
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<br>
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1.4. <span style="font-style: italic;">Executable</span> means the
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Covered Software in any form other than
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Source Code.
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<br>
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<br>
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1.5. <span style="font-style: italic;">Initial Developer</span> means
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the individual or entity that first makes
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Original Software available under this License.
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<br>
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<br>
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1.6. <span style="font-style: italic;">Larger Work</span> means a work
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which combines Covered Software or
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portions thereof with code not governed by the terms of this License.
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<br>
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<br>
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1.7. <span style="font-style: italic;">License</span> means this
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document.
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<br>
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<br>
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1.8. <span style="font-style: italic;">Licensable</span> means having
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the right to grant, to the maximum extent
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possible, whether at the time of the initial grant or subsequently
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acquired, any and all of the rights conveyed herein.
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<br>
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<br>
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1.9. <span style="font-style: italic;">Modifications</span> means the
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Source Code and Executable form of any of
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the following:
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A. Any file that results from an addition to, deletion from or
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modification of the contents of a file containing Original Software or
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previous Modifications;
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B. Any new file that contains any part of the Original Software or
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previous Modification; or
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C. Any new file that is contributed or otherwise made available under
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the terms of this License.
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<br>
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<br>
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1.10. <span style="font-style: italic;">Original Software</span> means
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the Source Code and Executable form of
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computer software code that is originally released under this License.
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<br>
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<br>
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1.11. <span style="font-style: italic;">Patent Claims</span> means any
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patent claim(s), now owned or hereafter
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acquired, including without limitation, method, process, and apparatus
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claims, in any patent Licensable by grantor.
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<br>
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<br>
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1.12. <span style="font-style: italic;">Source Code</span> means (a)
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the common form of computer software code
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in which modifications are made and (b) associated documentation
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included in or with such code.
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<br>
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<br>
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1.13. <span style="font-style: italic;">You (or Your)</span> means an
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individual or a legal entity exercising
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rights under, and complying with all of the terms of, this License. For
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legal entities, You includes any entity which controls, is controlled
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by, or is under common control with You. For purposes of this
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definition, control means (a) the power, direct or indirect, to
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cause
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the direction or management of such entity, whether by contract or
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otherwise, or (b) ownership of more than fifty percent (50%) of
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the
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outstanding shares or beneficial ownership of such entity.
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<br>
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<br>
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2. License Grants.<br>
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<br>
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2.1. The Initial Developer Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to
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third party intellectual property claims, the Initial Developer hereby
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grants You a world-wide, royalty-free, non-exclusive license:
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<br>
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<br>
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Initial Developer, to use, reproduce, modify, display,
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perform, sublicense and distribute the Original Software (or portions
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thereof), with or without Modifications, and/or as part of a Larger
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Work; and
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<br>
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<br>
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(b) under Patent Claims infringed by the making, using or selling of
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Original Software, to make, have made, use, practice, sell, and offer
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for sale, and/or otherwise dispose of the Original Software (or
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portions thereof);<br>
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<br>
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(c) The licenses granted in Sections 2.1(a) and (b) are
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effective on
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the date Initial Developer first distributes or otherwise makes the
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Original Software available to a third party under the terms of this
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License;<br>
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<br>
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(d) Notwithstanding Section 2.1(b) above, no patent license
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is granted:
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(1) for code that You delete from the Original Software, or
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(2) for
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infringements caused by: (i) the modification of the Original
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Software,
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or (ii) the combination of the Original Software with other
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software or
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devices.
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<br>
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<br>
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2.2. Contributor Grant.
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Conditioned upon Your compliance with Section 3.1 below and subject to
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third party intellectual property claims,
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each Contributor hereby grants You a world-wide, royalty-free,
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non-exclusive license:
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<br>
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<br>
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(a) under intellectual property rights (other than patent or trademark)
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Licensable by Contributor to use, reproduce, modify, display, perform,
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sublicense and distribute the Modifications created by such Contributor
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(or portions thereof), either on an unmodified basis, with other
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Modifications, as Covered Software and/or as part of a Larger Work; and
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<br>
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<br>
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(b) under Patent Claims infringed by the making, using, or selling of
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Modifications made by that Contributor either alone and/or in
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combination with its Contributor Version (or portions of such
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combination), to make, use, sell, offer for sale, have made, and/or
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otherwise dispose of: (1) Modifications made by that Contributor
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(or
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portions thereof); and (2) the combination of Modifications made
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by
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that Contributor with its Contributor Version (or portions of such
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combination).
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<br>
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<br>
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
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effective on
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the date Contributor first distributes or otherwise makes the
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Modifications available to a third party.<br>
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<br>
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted:
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(1) for any code that Contributor has deleted from the Contributor
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Version; (2) for infringements caused by: (i) third party
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modifications
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of Contributor Version, or (ii) the combination of Modifications
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made
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by that Contributor with other software (except as part of the
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Contributor Version) or other devices; or (3) under Patent Claims
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infringed by Covered Software in the absence of Modifications made by
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that Contributor.
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<br>
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<br>
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3. Distribution Obligations.
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<br>
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<br>
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make available in
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Executable form must also be made available in Source Code form and
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that Source Code form must be distributed only under the terms of this
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License. You must include a copy of this License with every copy of the
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Source Code form of the Covered Software You distribute or otherwise
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make available. You must inform recipients of any such Covered Software
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in Executable form as to how they can obtain such Covered Software in
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Source Code form in a reasonable manner on or through a medium
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customarily used for software exchange.
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<br>
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<br>
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3.2. Modifications.
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The Modifications that You create or to which You contribute are
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governed by the terms of this License. You represent that You believe
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Your Modifications are Your original creation(s) and/or You have
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sufficient rights to grant the rights conveyed by this License.
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<br>
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<br>
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3.3. Required Notices.
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You must include a notice in each of Your Modifications that identifies
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You as the Contributor of the Modification. You may not remove or alter
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any copyright, patent or trademark notices contained within the Covered
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Software, or any notices of licensing or any descriptive text giving
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attribution to any Contributor or the Initial Developer.
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<br>
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<br>
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3.4. Application of Additional Terms.
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You may not offer or impose any terms on any Covered Software in Source
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Code form that alters or restricts the applicable version of this
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License or the recipients rights hereunder. You may choose to offer,
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and to charge a fee for, warranty, support, indemnity or liability
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obligations to one or more recipients of Covered Software. However, you
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may do so only on Your own behalf, and not on behalf of the Initial
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Developer or any Contributor. You must make it absolutely clear that
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any such warranty, support, indemnity or liability obligation is
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offered by You alone, and You hereby agree to indemnify the Initial
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Developer and every Contributor for any liability incurred by the
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Initial Developer or such Contributor as a result of warranty, support,
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indemnity or liability terms You offer.<br>
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<br>
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3.5. Distribution of Executable Versions.
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You may distribute the Executable form of the Covered Software under
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the terms of this License or under the terms of a license of Your
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choice, which may contain terms different from this License, provided
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that You are in compliance with the terms of this License and that the
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license for the Executable form
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does not attempt to limit or alter the recipients rights in the Source
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Code form from the rights set forth in this License. If You distribute
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the Covered Software in Executable form under a different license, You
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must make it absolutely clear that any terms which differ from this
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License are offered by You alone, not by the Initial Developer or
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Contributor. You hereby agree to indemnify the Initial Developer and
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every Contributor for any liability incurred by the Initial Developer
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or such Contributor as a result of any such terms You offer.
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<br>
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<br>
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3.6. Larger Works.
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You may create a Larger Work by combining Covered Software with other
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code not governed by the terms of this License and distribute the
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Larger Work as a single product. In such a case, You must make sure the
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requirements of this License are fulfilled for the Covered Software.
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<br>
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<br>
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4. Versions of the License.
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<br>
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<br>
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4.1. New Versions.
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Sun Microsystems, Inc. is the initial license steward and may publish
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revised and/or new versions of this License from time to time. Each
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version will be given a distinguishing version number. Except as
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provided in Section 4.3, no one other than the license steward has the
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right to modify this License.
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<br>
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<br>
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4.2. Effect of New Versions.
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You may always continue to use, distribute or otherwise make the
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Covered Software available under the terms of the version of the
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License under which You originally received the Covered Software. If
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the Initial Developer includes a notice in the Original Software
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prohibiting it from being distributed or otherwise made available under
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any subsequent version of the License, You must distribute and make the
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Covered Software available under the terms of the version of the
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License under which You originally received the Covered Software.
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Otherwise, You may also choose to use, distribute or otherwise make the
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Covered Software available under the terms of any subsequent version of
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the License published by the license steward.
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<br>
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<br>
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4.3. Modified Versions.
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When You are an Initial Developer and You want to create a new license
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for Your Original Software, You may create and use a modified version
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of this License if You: (a) rename the license and remove any
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references to the name of the license steward (except to note that the
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license differs from this License); and (b) otherwise make it
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clear
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that the license contains terms which differ from this License.
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<br>
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<br>
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5. DISCLAIMER OF WARRANTY.
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS,
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
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THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
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SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
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ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
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ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
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DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
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NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
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THIS DISCLAIMER.
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<br>
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<br>
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6. TERMINATION.
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<br>
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<br>
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6.1. This License and the rights granted hereunder will terminate
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automatically if You fail to comply with terms herein and fail to cure
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such breach within 30 days of becoming aware of the breach. Provisions
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which, by their nature, must remain in effect beyond the termination of
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this License shall survive.
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<br>
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<br>
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6.2. If You assert a patent infringement claim (excluding declaratory
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judgment actions) against Initial Developer or a Contributor (the
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Initial Developer or Contributor against whom You assert such claim is
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referred to as Participant) alleging that the Participant Software
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(meaning the Contributor Version where the Participant is a Contributor
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or the Original Software where the Participant is the Initial
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Developer) directly or indirectly infringes any patent, then any and
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all rights granted directly or indirectly to You by such Participant,
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the Initial Developer (if the Initial Developer is not the Participant)
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and all Contributors under
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Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
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from
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Participant terminate prospectively and automatically at the expiration
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of such 60 day notice period, unless if within such 60 day period You
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withdraw Your claim with respect to the Participant Software against
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such Participant either unilaterally or pursuant to a written agreement
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with Participant.
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<br>
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<br>
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6.3. In the event of termination under Sections 6.1 or 6.2 above,
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all
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end user licenses that have been validly granted by You or any
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distributor hereunder prior to termination (excluding licenses granted
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to You by any distributor) shall survive termination.
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<br>
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<br>
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7. LIMITATION OF LIABILITY.
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
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SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
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PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
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SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
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THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR
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PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT
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APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT
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ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
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DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
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<br>
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<br>
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8. U.S. GOVERNMENT END USERS.
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The Covered Software is a commercial item, as that term is defined in
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48 C.F.R. 2.101 (Oct. 1995), consisting of commercial
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computer software
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(as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and
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commercial computer software documentation as such terms are used in
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48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
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12.212 and 48
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C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government
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End Users acquire Covered Software with only those rights set forth
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herein. This U.S. Government Rights clause is in lieu of, and
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supersedes, any other FAR, DFAR, or other clause or provision that
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addresses Government rights in computer software under this License.
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<br>
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<br>
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9. MISCELLANEOUS.
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This License represents the complete agreement concerning subject
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matter hereof. If any provision of this License is held to be
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unenforceable, such provision shall be reformed only to the extent
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necessary to make it enforceable. This License shall be governed by the
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law of the jurisdiction specified in a notice contained within the
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Original Software (except to the extent applicable law, if any,
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provides otherwise), excluding such jurisdictions conflict-of-law
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provisions. Any litigation relating to this License shall be subject to
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the jurisdiction of the courts located in the jurisdiction and venue
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specified in a notice contained within the Original Software, with the
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losing party responsible for costs, including, without limitation,
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court costs and reasonable attorneys fees and expenses. The application
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of the United Nations Convention on Contracts for the International
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Sale of Goods is expressly excluded. Any law or regulation which
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provides that the language of a contract shall be construed against the
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drafter shall not apply to this License. You agree that You alone are
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responsible for compliance with the United States export administration
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regulations (and the export control laws and regulation of any other
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countries) when You use, distribute or otherwise make available any
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Covered Software. <br>
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<br>
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10. RESPONSIBILITY FOR CLAIMS.
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As between Initial Developer and the Contributors, each party is
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responsible for claims and damages arising, directly or indirectly, out
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of its utilization of rights under this License and You agree to work
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with Initial Developer and Contributors to distribute such
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responsibility on an equitable basis. Nothing herein is intended or
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shall be deemed to constitute any admission of liability.
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<br>
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<br>
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
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LICENSE (CDDL)
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The code released under the CDDL shall be governed by the
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laws of the State of California (excluding conflict-of-law provisions).
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Any litigation relating to this License shall be subject to the
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jurisdiction of the Federal Courts of the Northern District of
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California and the state courts of the State of California, with venue
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lying in Santa Clara County, California.
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</body>
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</html>
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