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