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Revision 1.1 - (hide annotations) (download)
Sun Sep 24 18:34:58 2006 UTC (13 years, 3 months ago) by nelchael
Branch: MAIN
CVS Tags: HEAD
Added CDDL for dev-java/sun-jaf and dev-java/sun-javamail.

1 nelchael 1.1 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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