| Valid-License-Identifier: CDDL-1.0 |
| SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html |
| Usage-Guide: |
| Do NOT use. The CDDL-1.0 is not GPL compatible. It may only be used for |
| dual-licensed files where the other license is GPL compatible. |
| If you end up using this it MUST be used together with a GPL2 compatible |
| license using "OR". |
| To use the Common Development and Distribution License 1.0 put the |
| following SPDX tag/value pair into a comment according to the placement |
| guidelines in the licensing rules documentation: |
| SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0) |
| |
| License-Text: |
| |
| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
| Version 1.0 |
| |
| 1. Definitions. |
| |
| 1.1. "Contributor" means each individual or entity that creates or |
| contributes to the creation of Modifications. |
| |
| 1.2. "Contributor Version" means the combination of the Original |
| Software, prior Modifications used by a Contributor (if any), |
| and the Modifications made by that particular Contributor. |
| |
| 1.3. "Covered Software" means (a) the Original Software, or (b) |
| Modifications, or (c) the combination of files containing |
| Original Software with files containing Modifications, in each |
| case including portions thereof. |
| |
| 1.4. "Executable" means the Covered Software in any form other than |
| Source Code. |
| |
| 1.5. "Initial Developer" means the individual or entity that first |
| makes Original Software available under this License. |
| |
| 1.6. "Larger Work" means a work which combines Covered Software or |
| portions thereof with code not governed by the terms of this |
| License. |
| |
| 1.7. "License" means this document. |
| |
| 1.8. "Licensable" means having the right to grant, to the maximum |
| extent possible, whether at the time of the initial grant or |
| subsequently acquired, any and all of the rights conveyed herein. |
| |
| 1.9. "Modifications" means the Source Code and Executable form of |
| any of the following: |
| |
| A. Any file that results from an addition to, deletion from or |
| modification of the contents of a file containing Original |
| Software or previous Modifications; |
| |
| B. Any new file that contains any part of the Original Software |
| or previous Modification; or |
| |
| C. Any new file that is contributed or otherwise made available |
| under the terms of this License. |
| |
| 1.10. "Original Software" means the Source Code and Executable form |
| of computer software code that is originally released under |
| this License. |
| |
| 1.11. "Patent Claims" means any patent claim(s), now owned or |
| hereafter acquired, including without limitation, method, |
| process, and apparatus claims, in any patent Licensable by |
| grantor. |
| |
| 1.12. "Source Code" means (a) the common form of computer software |
| code in which modifications are made and (b) associated |
| documentation included in or with such code. |
| |
| 1.13. "You" (or "Your") means an individual or a legal entity |
| exercising rights under, and complying with all of the terms |
| of, this License. For legal entities, "You" includes any |
| entity which controls, is controlled by, or is under common |
| control with You. For purposes of this definition, "control" |
| means (a) the power, direct or indirect, to cause the |
| direction or management of such entity, whether by contract |
| or otherwise, or (b) ownership of more than fifty percent |
| (50%) of the outstanding shares or beneficial ownership of |
| such entity. |
| |
| 2. License Grants. |
| 2.1. The Initial Developer Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject |
| to third party intellectual property claims, the Initial Developer |
| hereby grants You a world-wide, royalty-free, non-exclusive |
| license: |
| |
| (a) under intellectual property rights (other than patent or |
| trademark) Licensable by Initial Developer, to use, |
| reproduce, modify, display, perform, sublicense and |
| distribute the Original Software (or portions thereof), |
| with or without Modifications, and/or as part of a Larger |
| Work; and |
| |
| (b) under Patent Claims infringed by the making, using or |
| selling of Original Software, to make, have made, use, |
| practice, sell, and offer for sale, and/or otherwise |
| dispose of the Original Software (or portions thereof). |
| |
| (c) The licenses granted in Sections 2.1(a) and (b) are |
| effective on the date Initial Developer first distributes |
| or otherwise makes the Original Software available to a |
| third party under the terms of this License. |
| |
| (d) Notwithstanding Section 2.1(b) above, no patent license is |
| granted: (1) for code that You delete from the Original |
| Software, or (2) for infringements caused by: (i) the |
| modification of the Original Software, or (ii) the |
| combination of the Original Software with other software or |
| devices. |
| |
| 2.2. Contributor Grant. |
| |
| Conditioned upon Your compliance with Section 3.1 below and subject |
| to third party intellectual property claims, each Contributor |
| hereby grants You a world-wide, royalty-free, non-exclusive |
| license: |
| |
| (a) under intellectual property rights (other than patent or |
| trademark) Licensable by Contributor to use, reproduce, |
| modify, display, perform, sublicense and distribute the |
| Modifications created by such Contributor (or portions |
| thereof), either on an unmodified basis, with other |
| Modifications, as Covered Software and/or as part of a |
| Larger Work; and |
| |
| (b) under Patent Claims infringed by the making, using, or |
| selling of Modifications made by that Contributor either |
| alone and/or in combination with its Contributor Version |
| (or portions of such combination), to make, use, sell, |
| offer for sale, have made, and/or otherwise dispose of: (1) |
| Modifications made by that Contributor (or portions |
| thereof); and (2) the combination of Modifications made by |
| that Contributor with its Contributor Version (or portions |
| of such combination). |
| |
| (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
| effective on the date Contributor first distributes or |
| otherwise makes the Modifications available to a third |
| party. |
| |
| (d) Notwithstanding Section 2.2(b) above, no patent license is |
| granted: (1) for any code that Contributor has deleted from |
| the Contributor Version; (2) for infringements caused by: |
| (i) third party modifications of Contributor Version, or |
| (ii) the combination of Modifications made by that |
| Contributor with other software (except as part of the |
| Contributor Version) or other devices; or (3) under Patent |
| Claims infringed by Covered Software in the absence of |
| Modifications made by that Contributor. |
| |
| 3. Distribution Obligations. |
| 3.1. Availability of Source Code. |
| |
| Any Covered Software that You distribute or otherwise make |
| available in Executable form must also be made available in Source |
| Code form and that Source Code form must be distributed only under |
| the terms of this License. You must include a copy of this License |
| with every copy of the Source Code form of the Covered Software You |
| distribute or otherwise make available. You must inform recipients |
| of any such Covered Software in Executable form as to how they can |
| obtain such Covered Software in Source Code form in a reasonable |
| manner on or through a medium customarily used for software |
| exchange. |
| |
| 3.2. Modifications. |
| |
| The Modifications that You create or to which You contribute are |
| governed by the terms of this License. You represent that You |
| believe Your Modifications are Your original creation(s) and/or You |
| have sufficient rights to grant the rights conveyed by this |
| License. |
| |
| 3.3. Required Notices. |
| |
| You must include a notice in each of Your Modifications that |
| identifies You as the Contributor of the Modification. You may not |
| remove or alter any copyright, patent or trademark notices |
| contained within the Covered Software, or any notices of licensing |
| or any descriptive text giving attribution to any Contributor or |
| the Initial Developer. |
| |
| 3.4. Application of Additional Terms. |
| |
| You may not offer or impose any terms on any Covered Software in |
| Source Code form that alters or restricts the applicable version of |
| this License or the recipients' rights hereunder. You may choose to |
| offer, and to charge a fee for, warranty, support, indemnity or |
| liability obligations to one or more recipients of Covered |
| Software. However, you may do so only on Your own behalf, and not |
| on behalf of the Initial Developer or any Contributor. You must |
| make it absolutely clear that any such warranty, support, indemnity |
| or liability obligation is offered by You alone, and You hereby |
| agree to indemnify the Initial Developer and every Contributor for |
| any liability incurred by the Initial Developer or such Contributor |
| as a result of warranty, support, indemnity or liability terms You |
| offer. |
| |
| 3.5. Distribution of Executable Versions. |
| |
| You may distribute the Executable form of the Covered Software |
| under the terms of this License or under the terms of a license of |
| Your choice, which may contain terms different from this License, |
| provided that You are in compliance with the terms of this License |
| and that the license for the Executable form does not attempt to |
| limit or alter the recipient's rights in the Source Code form from |
| the rights set forth in this License. If You distribute the Covered |
| Software in Executable form under a different license, You must |
| make it absolutely clear that any terms which differ from this |
| License are offered by You alone, not by the Initial Developer or |
| Contributor. You hereby agree to indemnify the Initial Developer |
| and every Contributor for any liability incurred by the Initial |
| Developer or such Contributor as a result of any such terms You |
| offer. |
| |
| 3.6. Larger Works. |
| |
| You may create a Larger Work by combining Covered Software with |
| other code not governed by the terms of this License and distribute |
| the Larger Work as a single product. In such a case, You must make |
| sure the requirements of this License are fulfilled for the Covered |
| Software. |
| |
| 4. Versions of the License. |
| 4.1. New Versions. |
| |
| Sun Microsystems, Inc. is the initial license steward and may |
| publish revised and/or new versions of this License from time to |
| time. Each version will be given a distinguishing version |
| number. Except as provided in Section 4.3, no one other than the |
| license steward has the right to modify this License. |
| |
| 4.2. Effect of New Versions. |
| |
| You may always continue to use, distribute or otherwise make the |
| Covered Software available under the terms of the version of the |
| License under which You originally received the Covered |
| Software. If the Initial Developer includes a notice in the |
| Original Software prohibiting it from being distributed or |
| otherwise made available under any subsequent version of the |
| License, You must distribute and make the Covered Software |
| available under the terms of the version of the License under which |
| You originally received the Covered Software. Otherwise, You may |
| also choose to use, distribute or otherwise make the Covered |
| Software available under the terms of any subsequent version of the |
| License published by the license steward. |
| |
| 4.3. Modified Versions. |
| |
| When You are an Initial Developer and You want to create a new |
| license for Your Original Software, You may create and use a |
| modified version of this License if You: (a) rename the license and |
| remove any references to the name of the license steward (except to |
| note that the license differs from this License); and (b) otherwise |
| make it clear that the license contains terms which differ from |
| this License. |
| |
| 5. DISCLAIMER OF WARRANTY. |
| |
| COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
| DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR |
| NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF |
| THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE |
| DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER |
| CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR |
| CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART |
| OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER |
| EXCEPT UNDER THIS DISCLAIMER. |
| |
| 6. TERMINATION. |
| |
| 6.1. This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and fail to |
| cure such breach within 30 days of becoming aware of the |
| breach. Provisions which, by their nature, must remain in effect |
| beyond the termination of this License shall survive. |
| |
| 6.2. If You assert a patent infringement claim (excluding |
| declaratory judgment actions) against Initial Developer or a |
| Contributor (the Initial Developer or Contributor against whom You |
| assert such claim is referred to as "Participant") alleging that |
| the Participant Software (meaning the Contributor Version where the |
| Participant is a Contributor or the Original Software where the |
| Participant is the Initial Developer) directly or indirectly |
| infringes any patent, then any and all rights granted directly or |
| indirectly to You by such Participant, the Initial Developer (if |
| the Initial Developer is not the Participant) and all Contributors |
| under Sections 2.1 and/or 2.2 of this License shall, upon 60 days |
| notice from Participant terminate prospectively and automatically |
| at the expiration of such 60 day notice period, unless if within |
| such 60 day period You withdraw Your claim with respect to the |
| Participant Software against such Participant either unilaterally |
| or pursuant to a written agreement with Participant. |
| |
| 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
| all end user licenses that have been validly granted by You or any |
| distributor hereunder prior to termination (excluding licenses |
| granted to You by any distributor) shall survive termination. |
| |
| 7. LIMITATION OF LIABILITY. |
| |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
| DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED |
| SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
| PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
| OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
| PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
| MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF |
| SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
| DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
| DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE |
| EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
| NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
| DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| |
| 8. U.S. GOVERNMENT END USERS. |
| |
| The Covered Software is a "commercial item," as that term is defined in |
| 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
| software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1)) |
| and "commercial computer software documentation" as such terms are used |
| in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and |
| 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
| U.S. Government End Users acquire Covered Software with only those |
| rights set forth herein. This U.S. Government Rights clause is in lieu |
| of, and supersedes, any other FAR, DFAR, or other clause or provision |
| that addresses Government rights in computer software under this |
| License. |
| |
| 9. MISCELLANEOUS. |
| |
| This License represents the complete agreement concerning subject |
| matter hereof. If any provision of this License is held to be |
| unenforceable, such provision shall be reformed only to the extent |
| necessary to make it enforceable. This License shall be governed by the |
| law of the jurisdiction specified in a notice contained within the |
| Original Software (except to the extent applicable law, if any, |
| provides otherwise), excluding such jurisdiction's conflict-of-law |
| provisions. Any litigation relating to this License shall be subject to |
| the jurisdiction of the courts located in the jurisdiction and venue |
| specified in a notice contained within the Original Software, with the |
| losing party responsible for costs, including, without limitation, |
| court costs and reasonable attorneys' fees and expenses. The |
| application of the United Nations Convention on Contracts for the |
| International Sale of Goods is expressly excluded. Any law or |
| regulation which provides that the language of a contract shall be |
| construed against the drafter shall not apply to this License. You |
| agree that You alone are responsible for compliance with the United |
| States export administration regulations (and the export control laws |
| and regulation of any other countries) when You use, distribute or |
| otherwise make available any Covered Software. |
| |
| 10. RESPONSIBILITY FOR CLAIMS. |
| |
| As between Initial Developer and the Contributors, each party is |
| responsible for claims and damages arising, directly or indirectly, out |
| of its utilization of rights under this License and You agree to work |
| with Initial Developer and Contributors to distribute such |
| responsibility on an equitable basis. Nothing herein is intended or |
| shall be deemed to constitute any admission of liability. |
