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Revision 1.1 - (show annotations) (download)
Sun Sep 24 18:34:58 2006 UTC (7 years, 6 months ago) by nelchael
Branch: MAIN
CVS Tags: HEAD
Added CDDL for dev-java/sun-jaf and dev-java/sun-javamail.

1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
2 Version 1.0
3
4 * 1. Definitions.
5
6 * 1.1. "Contributor" means each individual or entity that creates
7 or contributes to the creation of Modifications.
8
9 * 1.2. "Contributor Version" means the combination of the Original
10 Software, prior Modifications used by a Contributor (if any), and
11 the Modifications made by that particular Contributor.
12
13 * 1.3. "Covered Software" means (a) the Original Software, or (b)
14 Modifications, or (c) the combination of files containing
15 Original Software with files containing Modifications, in each
16 case including portions thereof.
17
18 * 1.4. "Executable" means the Covered Software in any form other
19 than Source Code.
20
21 * 1.5. "Initial Developer" means the individual or entity that
22 first makes Original Software available under this License.
23
24 * 1.6. "Larger Work" means a work which combines Covered Software
25 or portions thereof with code not governed by the terms of this
26 License.
27
28 * 1.7. "License" means this document.
29
30 * 1.8. "Licensable" means having the right to grant, to the maximum
31 extent possible, whether at the time of the initial grant or
32 subsequently acquired, any and all of the rights conveyed herein.
33
34 * 1.9. "Modifications" means the Source Code and Executable form of
35 any of the following:
36
37 * A. Any file that results from an addition to, deletion from
38 or modification of the contents of a file containing
39 Original Software or previous Modifications;
40
41 * B. Any new file that contains any part of the Original
42 Software or previous Modification; or
43
44 * C. Any new file that is contributed or otherwise made
45 available under the terms of this License.
46
47 * 1.10. "Original Software" means the Source Code and Executable
48 form of computer software code that is originally released under
49 this License.
50
51 * 1.11. "Patent Claims" means any patent claim(s), now owned or
52 hereafter acquired, including without limitation, method,
53 process, and apparatus claims, in any patent Licensable by
54 grantor.
55
56 * 1.12. "Source Code" means (a) the common form of computer
57 software code in which modifications are made and (b) associated
58 documentation included in or with such code.
59
60 * 1.13. "You" (or "Your") means an individual or a legal entity
61 exercising rights under, and complying with all of the terms of,
62 this License. For legal entities, "You" includes any entity which
63 controls, is controlled by, or is under common control with You.
64 For purposes of this definition, "control" means (a) the power,
65 direct or indirect, to cause the direction or management of such
66 entity, whether by contract or otherwise, or (b) ownership of
67 more than fifty percent (50%) of the outstanding shares or
68 beneficial ownership of such entity.
69
70 * 2. License Grants.
71
72 * 2.1. The Initial Developer Grant.
73
74 Conditioned upon Your compliance with Section 3.1 below and
75 subject to third party intellectual property claims, the Initial
76 Developer hereby grants You a world-wide, royalty-free,
77 non-exclusive license:
78
79 * (a) under intellectual property rights (other than patent or
80 trademark) Licensable by Initial Developer, to use,
81 reproduce, modify, display, perform, sublicense and
82 distribute the Original Software (or portions thereof), with
83 or without Modifications, and/or as part of a Larger Work;
84 and
85
86 * (b) under Patent Claims infringed by the making, using or
87 selling of Original Software, to make, have made, use,
88 practice, sell, and offer for sale, and/or otherwise dispose
89 of the Original Software (or portions thereof).
90
91 * (c) The licenses granted in Sections 2.1(a) and (b) are
92 effective on the date Initial Developer first distributes or
93 otherwise makes the Original Software available to a third
94 party under the terms of this License.
95
96 * (d) Notwithstanding Section 2.1(b) above, no patent license
97 is granted: (1) for code that You delete from the Original
98 Software, or (2) for infringements caused by: (i) the
99 modification of the Original Software, or (ii) the
100 combination of the Original Software with other software or
101 devices.
102
103 * 2.2. Contributor Grant.
104
105 Conditioned upon Your compliance with Section 3.1 below and
106 subject to third party intellectual property claims, each
107 Contributor hereby grants You a world-wide, royalty-free,
108 non-exclusive license:
109
110 * (a) under intellectual property rights (other than patent or
111 trademark) Licensable by Contributor to use, reproduce,
112 modify, display, perform, sublicense and distribute the
113 Modifications created by such Contributor (or portions
114 thereof), either on an unmodified basis, with other
115 Modifications, as Covered Software and/or as part of a
116 Larger Work; and
117
118 * (b) under Patent Claims infringed by the making, using, or
119 selling of Modifications made by that Contributor either
120 alone and/or in combination with its Contributor Version (or
121 portions of such combination), to make, use, sell, offer for
122 sale, have made, and/or otherwise dispose of:
123 (1) Modifications made by that Contributor (or portions
124 thereof); and (2) the combination of Modifications made by
125 that Contributor with its Contributor Version (or portions
126 of such combination).
127
128 * (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
129 effective on the date Contributor first distributes or
130 otherwise makes the Modifications available to a third
131 party.
132
133 * (d) Notwithstanding Section 2.2(b) above, no patent license
134 is granted: (1) for any code that Contributor has deleted
135 from the Contributor Version; (2) for infringements caused
136 by: (i) third party modifications of Contributor Version, or
137 (ii) the combination of Modifications made by that
138 Contributor with other software (except as part of the
139 Contributor Version) or other devices; or (3) under Patent
140 Claims infringed by Covered Software in the absence of
141 Modifications made by that Contributor.
142
143 * 3. Distribution Obligations.
144
145 * 3.1. Availability of Source Code.
146
147 Any Covered Software that You distribute or otherwise make
148 available in Executable form must also be made available in
149 Source Code form and that Source Code form must be distributed
150 only under the terms of this License. You must include a copy of
151 this License with every copy of the Source Code form of the
152 Covered Software You distribute or otherwise make available. You
153 must inform recipients of any such Covered Software in Executable
154 form as to how they can obtain such Covered Software in Source
155 Code form in a reasonable manner on or through a medium
156 customarily used for software exchange.
157
158 * 3.2. Modifications.
159
160 The Modifications that You create or to which You contribute are
161 governed by the terms of this License. You represent that You
162 believe Your Modifications are Your original creation(s) and/or
163 You have sufficient rights to grant the rights conveyed by this
164 License.
165
166 * 3.3. Required Notices.
167
168 You must include a notice in each of Your Modifications that
169 identifies You as the Contributor of the Modification. You may
170 not remove or alter any copyright, patent or trademark notices
171 contained within the Covered Software, or any notices of
172 licensing or any descriptive text giving attribution to any
173 Contributor or the Initial Developer.
174
175 * 3.4. Application of Additional Terms.
176
177 You may not offer or impose any terms on any Covered Software in
178 Source Code form that alters or restricts the applicable version
179 of this License or the recipients' rights hereunder. You may
180 choose to offer, and to charge a fee for, warranty, support,
181 indemnity or liability obligations to one or more recipients of
182 Covered Software. However, you may do so only on Your own behalf,
183 and not on behalf of the Initial Developer or any Contributor.
184 You must make it absolutely clear that any such warranty,
185 support, indemnity or liability obligation is offered by You
186 alone, and You hereby agree to indemnify the Initial Developer
187 and every Contributor for any liability incurred by the Initial
188 Developer or such Contributor as a result of warranty, support,
189 indemnity or liability terms You offer.
190
191 * 3.5. Distribution of Executable Versions.
192
193 You may distribute the Executable form of the Covered Software
194 under the terms of this License or under the terms of a license
195 of Your choice, which may contain terms different from this
196 License, provided that You are in compliance with the terms of
197 this License and that the license for the Executable form does
198 not attempt to limit or alter the recipient's rights in the
199 Source Code form from the rights set forth in this License. If
200 You distribute the Covered Software in Executable form under a
201 different license, You must make it absolutely clear that any
202 terms which differ from this License are offered by You alone,
203 not by the Initial Developer or Contributor. You hereby agree to
204 indemnify the Initial Developer and every Contributor for any
205 liability incurred by the Initial Developer or such Contributor
206 as a result of any such terms You offer.
207
208 * 3.6. Larger Works.
209
210 You may create a Larger Work by combining Covered Software with
211 other code not governed by the terms of this License and
212 distribute the Larger Work as a single product. In such a case,
213 You must make sure the requirements of this License are fulfilled
214 for the Covered Software.
215
216 * 4. Versions of the License.
217
218 * 4.1. New Versions.
219
220 Sun Microsystems, Inc. is the initial license steward and may
221 publish revised and/or new versions of this License from time to
222 time. Each version will be given a distinguishing version number.
223 Except as provided in Section 4.3, no one other than the license
224 steward has the right to modify this License.
225
226 * 4.2. Effect of New Versions.
227
228 You may always continue to use, distribute or otherwise make the
229 Covered Software available under the terms of the version of the
230 License under which You originally received the Covered Software.
231 If the Initial Developer includes a notice in the Original
232 Software prohibiting it from being distributed or otherwise made
233 available under any subsequent version of the License, You must
234 distribute and make the Covered Software available under the
235 terms of the version of the License under which You originally
236 received the Covered Software. Otherwise, You may also choose to
237 use, distribute or otherwise make the Covered Software available
238 under the terms of any subsequent version of the License
239 published by the license steward.
240
241 * 4.3. Modified Versions.
242
243 When You are an Initial Developer and You want to create a new
244 license for Your Original Software, You may create and use a
245 modified version of this License if You: (a) rename the license
246 and remove any references to the name of the license steward
247 (except to note that the license differs from this License); and
248 (b) otherwise make it clear that the license contains terms which
249 differ from this License.
250
251 * 5. DISCLAIMER OF WARRANTY.
252
253 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
254 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
255 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
256 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
257 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
258 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
259 ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
260 ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
261 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
262 NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
263 THIS DISCLAIMER.
264
265 * 6. TERMINATION.
266
267 * 6.1. This License and the rights granted hereunder will terminate
268 automatically if You fail to comply with terms herein and fail to
269 cure such breach within 30 days of becoming aware of the breach.
270 Provisions which, by their nature, must remain in effect beyond
271 the termination of this License shall survive.
272
273 * 6.2. If You assert a patent infringement claim (excluding
274 declaratory judgment actions) against Initial Developer or a
275 Contributor (the Initial Developer or Contributor against whom
276 You assert such claim is referred to as "Participant") alleging
277 that the Participant Software (meaning the Contributor Version
278 where the Participant is a Contributor or the Original Software
279 where the Participant is the Initial Developer) directly or
280 indirectly infringes any patent, then any and all rights granted
281 directly or indirectly to You by such Participant, the Initial
282 Developer (if the Initial Developer is not the Participant) and
283 all Contributors under Sections 2.1 and/or 2.2 of this License
284 shall, upon 60 days notice from Participant terminate
285 prospectively and automatically at the expiration of such 60 day
286 notice period, unless if within such 60 day period You withdraw
287 Your claim with respect to the Participant Software against such
288 Participant either unilaterally or pursuant to a written
289 agreement with Participant.
290
291 * 6.3. In the event of termination under Sections 6.1 or 6.2 above,
292 all end user licenses that have been validly granted by You or
293 any distributor hereunder prior to termination (excluding
294 licenses granted to You by any distributor) shall survive
295 termination.
296
297 * 7. LIMITATION OF LIABILITY.
298
299 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
300 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
301 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
302 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
303 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
304 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
305 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
306 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
307 IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
308 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
309 DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
310 EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
311 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
312 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
313
314 * 8. U.S. GOVERNMENT END USERS.
315
316 The Covered Software is a "commercial item," as that term is defined
317 in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
318 software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1))
319 and "commercial computer software documentation" as such terms are
320 used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
321 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
322 U.S. Government End Users acquire Covered Software with only those
323 rights set forth herein. This U.S. Government Rights clause is in lieu
324 of, and supersedes, any other FAR, DFAR, or other clause or provision
325 that addresses Government rights in computer software under this
326 License.
327
328 * 9. MISCELLANEOUS.
329
330 This License represents the complete agreement concerning subject
331 matter hereof. If any provision of this License is held to be
332 unenforceable, such provision shall be reformed only to the extent
333 necessary to make it enforceable. This License shall be governed by
334 the law of the jurisdiction specified in a notice contained within the
335 Original Software (except to the extent applicable law, if any,
336 provides otherwise), excluding such jurisdiction's conflict-of-law
337 provisions. Any litigation relating to this License shall be subject
338 to the jurisdiction of the courts located in the jurisdiction and
339 venue specified in a notice contained within the Original Software,
340 with the losing party responsible for costs, including, without
341 limitation, court costs and reasonable attorneys' fees and expenses.
342 The application of the United Nations Convention on Contracts for the
343 International Sale of Goods is expressly excluded. Any law or
344 regulation which provides that the language of a contract shall be
345 construed against the drafter shall not apply to this License. You
346 agree that You alone are responsible for compliance with the United
347 States export administration regulations (and the export control laws
348 and regulation of any other countries) when You use, distribute or
349 otherwise make available any Covered Software.
350
351 * 10. RESPONSIBILITY FOR CLAIMS.
352
353 As between Initial Developer and the Contributors, each party is
354 responsible for claims and damages arising, directly or indirectly,
355 out of its utilization of rights under this License and You agree to
356 work with Initial Developer and Contributors to distribute such
357 responsibility on an equitable basis. Nothing herein is intended or
358 shall be deemed to constitute any admission of liability.

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