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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 |
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1. Definitions. |
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|
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1.1. "Contributor" means each individual or entity that creates |
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or contributes to the creation of Modifications. |
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|
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1.2. "Contributor Version" means the combination of the Original |
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Software, prior Modifications used by a Contributor (if any), |
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and the Modifications made by that particular Contributor. |
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|
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1.3. "Covered Software" means (a) the Original Software, or (b) |
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Modifications, or (c) the combination of files containing |
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Original Software with files containing Modifications, in |
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each case including portions thereof. |
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|
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1.4. "Executable" means the Covered Software in any form other |
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than Source Code. |
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|
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1.5. "Initial Developer" means the individual or entity that first |
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makes Original Software available under this License. |
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|
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1.6. "Larger Work" means a work which combines Covered Software or |
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portions thereof with code not governed by the terms of this |
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License. |
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|
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1.7. "License" means this document. |
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|
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1.8. "Licensable" means having the right to grant, to the maximum |
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extent possible, whether at the time of the initial grant or |
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subsequently acquired, any and all of the rights conveyed |
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herein. |
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|
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1.9. "Modifications" means the Source Code and Executable form of |
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any of the following: |
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|
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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 |
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Software or previous Modifications; |
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|
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B. Any new file that contains any part of the Original |
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Software or previous Modifications; or |
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|
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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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|
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1.10. "Original Software" means the Source Code and Executable |
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form of computer software code that is originally released |
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under this License. |
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|
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1.11. "Patent Claims" means any patent claim(s), now owned or |
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hereafter acquired, including without limitation, method, |
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process, and apparatus claims, in any patent Licensable by |
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grantor. |
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|
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1.12. "Source Code" means (a) the common form of computer software |
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code in which modifications are made and (b) associated |
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documentation included in or with such code. |
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|
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1.13. "You" (or "Your") means an individual or a legal entity |
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exercising rights under, and complying with all of the terms |
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of, this License. For legal entities, "You" includes any |
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entity which controls, is controlled by, or is under common |
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control with You. For purposes of this definition, |
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"control" means (a) the power, direct or indirect, to cause |
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the direction or management of such entity, whether by |
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contract or otherwise, or (b) ownership of more than fifty |
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percent (50%) of the outstanding shares or beneficial |
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ownership of such entity. |
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|
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2. License Grants. |
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|
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2.1. The Initial Developer Grant. |
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|
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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 Initial |
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Developer hereby grants You a world-wide, royalty-free, |
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non-exclusive license: |
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|
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Initial Developer, to use, |
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reproduce, modify, display, perform, sublicense and |
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distribute the Original Software (or portions thereof), |
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with or without Modifications, and/or as part of a Larger |
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Work; and |
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|
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(b) under Patent Claims infringed by the making, using or |
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selling of Original Software, to make, have made, use, |
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practice, sell, and offer for sale, and/or otherwise |
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dispose of the Original Software (or portions thereof). |
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|
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(c) The licenses granted in Sections 2.1(a) and (b) are |
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effective on the date Initial Developer first distributes |
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or otherwise makes the Original Software available to a |
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third party under the terms of this License. |
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|
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(d) Notwithstanding Section 2.1(b) above, no patent license is |
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granted: (1) for code that You delete from the Original |
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Software, or (2) for infringements caused by: (i) the |
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modification of the Original Software, or (ii) the |
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combination of the Original Software with other software |
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or devices. |
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|
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2.2. Contributor Grant. |
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|
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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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|
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(a) under intellectual property rights (other than patent or |
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trademark) Licensable by Contributor to use, reproduce, |
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modify, display, perform, sublicense and distribute the |
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Modifications created by such Contributor (or portions |
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thereof), either on an unmodified basis, with other |
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Modifications, as Covered Software and/or as part of a |
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Larger Work; and |
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|
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(b) under Patent Claims infringed by the making, using, or |
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selling of Modifications made by that Contributor either |
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alone and/or in combination with its Contributor Version |
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(or portions of such combination), to make, use, sell, |
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offer for sale, have made, and/or otherwise dispose of: |
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(1) Modifications made by that Contributor (or portions |
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thereof); and (2) the combination of Modifications made by |
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that Contributor with its Contributor Version (or portions |
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of such combination). |
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|
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
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effective on the date Contributor first distributes or |
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otherwise makes the Modifications available to a third |
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party. |
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|
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(d) Notwithstanding Section 2.2(b) above, no patent license is |
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granted: (1) for any code that Contributor has deleted |
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from the Contributor Version; (2) for infringements caused |
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by: (i) third party modifications of Contributor Version, |
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or (ii) the combination of Modifications made by that |
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Contributor with other software (except as part of the |
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Contributor Version) or other devices; or (3) under Patent |
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Claims infringed by Covered Software in the absence of |
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Modifications made by that Contributor. |
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|
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3. Distribution Obligations. |
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|
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3.1. Availability of Source Code. |
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|
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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 Source |
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Code form and that Source Code form must be distributed only under |
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the terms of this License. You must include a copy of this |
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License with every copy of the Source Code form of the Covered |
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Software You distribute or otherwise make available. You must |
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inform recipients of any such Covered Software in Executable form |
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as to how they can obtain such Covered Software in Source Code |
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form in a reasonable manner on or through a medium customarily |
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used for software exchange. |
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|
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3.2. Modifications. |
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|
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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 |
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believe Your Modifications are Your original creation(s) and/or |
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You have sufficient rights to grant the rights conveyed by this |
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License. |
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|
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3.3. Required Notices. |
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|
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You must include a notice in each of Your Modifications that |
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identifies You as the Contributor of the Modification. You may |
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not remove or alter any copyright, patent or trademark notices |
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contained within the Covered Software, or any notices of licensing |
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or any descriptive text giving attribution to any Contributor or |
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the Initial Developer. |
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|
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3.4. Application of Additional Terms. |
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|
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You may not offer or impose any terms on any Covered Software in |
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Source Code form that alters or restricts the applicable version |
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of this License or the recipients' rights hereunder. You may |
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choose to offer, and to charge a fee for, warranty, support, |
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indemnity or liability obligations to one or more recipients of |
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Covered Software. However, you may do so only on Your own behalf, |
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and not on behalf of the Initial Developer or any Contributor. |
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You must make it absolutely clear that any such warranty, support, |
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indemnity or liability obligation is offered by You alone, and 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 Developer or |
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such Contributor as a result of warranty, support, indemnity or |
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liability terms You offer. |
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|
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3.5. Distribution of Executable Versions. |
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|
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You may distribute the Executable form of the Covered Software |
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under the terms of this License or under the terms of a license of |
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Your choice, which may contain terms different from this License, |
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provided that You are in compliance with the terms of this License |
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and that the license for the Executable form does not attempt to |
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limit or alter the recipient's rights in the Source Code form from |
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the rights set forth in this License. If You distribute the |
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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 |
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this License are offered by You alone, not by the Initial |
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Developer or Contributor. You hereby agree to indemnify the |
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Initial Developer and every Contributor for any liability incurred |
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by the Initial Developer or such Contributor as a result of any |
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such terms You offer. |
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|
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3.6. Larger Works. |
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|
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You may create a Larger Work by combining Covered Software with |
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other code not governed by the terms of this License and |
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distribute the Larger Work as a single product. In such a case, |
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You must make sure the requirements of this License are fulfilled |
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for the Covered Software. |
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|
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4. Versions of the License. |
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|
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4.1. New Versions. |
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|
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Sun Microsystems, Inc. is the initial license steward and may |
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publish revised and/or new versions of this License from time to |
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time. Each version will be given a distinguishing version number. |
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Except as provided in Section 4.3, no one other than the license |
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steward has the right to modify this License. |
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|
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4.2. Effect of New Versions. |
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|
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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. |
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If the Initial Developer includes a notice in the Original |
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Software prohibiting it from being distributed or otherwise made |
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available under any subsequent version of the License, You must |
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distribute and make the Covered Software available under the terms |
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of the version of the License under which You originally received |
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the Covered Software. Otherwise, You may also choose to use, |
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distribute or otherwise make the Covered Software available under |
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the terms of any subsequent version of the License published by |
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the license steward. |
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|
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4.3. Modified Versions. |
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|
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When You are an Initial Developer and You want to create a new |
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license for Your Original Software, You may create and use a |
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modified version of this License if You: (a) rename the license |
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and remove any references to the name of the license steward |
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(except to note that the license differs from this License); and |
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(b) otherwise make it clear that the license contains terms which |
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differ from this License. |
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|
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5. DISCLAIMER OF WARRANTY. |
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|
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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 ANY |
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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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|
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6. TERMINATION. |
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|
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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 |
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cure such breach within 30 days of becoming aware of the breach. |
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Provisions which, by their nature, must remain in effect beyond |
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the termination of this License shall survive. |
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|
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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 a |
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Contributor (the Initial Developer or Contributor against whom You |
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assert such claim is referred to as "Participant") alleging that |
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the Participant Software (meaning the Contributor Version where |
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the Participant is a Contributor or the Original Software where |
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the Participant is the Initial Developer) directly or indirectly |
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infringes any patent, then any and all rights granted directly or |
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indirectly to You by such Participant, the Initial Developer (if |
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the Initial Developer is not the Participant) and all Contributors |
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under Sections 2.1 and/or 2.2 of this License shall, upon 60 days |
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notice from Participant terminate prospectively and automatically |
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at the expiration of such 60 day notice period, unless if within |
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such 60 day period You withdraw Your claim with respect to the |
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Participant Software against such Participant either unilaterally |
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or pursuant to a written agreement with Participant. |
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|
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6.3. In the event of termination under Sections 6.1 or 6.2 above, |
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all end user licenses that have been validly granted by You or any |
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distributor hereunder prior to termination (excluding licenses |
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granted to You by any distributor) shall survive termination. |
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|
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7. LIMITATION OF LIABILITY. |
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|
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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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|
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8. U.S. GOVERNMENT END USERS. |
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|
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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 |
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C.F.R. 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 |
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(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 |
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C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
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U.S. Government End Users acquire Covered Software with only those |
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rights set forth herein. This U.S. Government Rights clause is in |
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lieu of, and supersedes, any other FAR, DFAR, or other clause or |
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provision that addresses Government rights in computer software |
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under this License. |
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|
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9. MISCELLANEOUS. |
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|
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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 |
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by the law of the jurisdiction specified in a notice contained |
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within the Original Software (except to the extent applicable law, |
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if any, provides otherwise), excluding such jurisdiction's |
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conflict-of-law provisions. Any litigation relating to this |
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License shall be subject to the jurisdiction of the courts located |
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in the jurisdiction and venue specified in a notice contained |
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within the Original Software, with the losing party responsible |
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for costs, including, without limitation, court costs and |
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reasonable attorneys' fees and expenses. The application of the |
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United Nations Convention on Contracts for the International Sale |
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of Goods is expressly excluded. Any law or regulation which |
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provides that the language of a contract shall be construed |
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against the drafter shall not apply to this License. You agree |
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that You alone are responsible for compliance with the United |
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States export administration regulations (and the export control |
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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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|
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10. RESPONSIBILITY FOR CLAIMS. |
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|
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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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|
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-------------------------------------------------------------------- |
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|
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
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DISTRIBUTION LICENSE (CDDL) |
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|
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For Covered Software in this distribution, this License shall |
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be governed by the laws of Germany (excluding conflict-of-law |
| 372 |
provisions). |
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|
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Any litigation relating to this License shall be subject to the |
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jurisdiction and the courts of Berlin Germany, with venue lying |
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in Berlin Germany. |
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