1 <!DOCTYPE html PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> 2 <html> 3 <head> 4 <meta http-equiv="content-type" 5 content="text/html; charset=ISO-8859-1"> 6 <title>CDDL ver. 1.0</title> 7 <meta name="author" content="Cliff Allen"> 8 </head> 9 <body> 10 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 11 1. <br> 12 <br> 13 Definitions. 14 <br> 15 <br> 16 1.1. <span style="font-style: italic;">Contributor</span> means each 17 individual or entity that creates or 18 contributes to the creation of Modifications. 19 <br> 20 <br> 21 1.2. <span style="font-style: italic;">Contributor Version</span> 22 means the combination of the Original 23 Software, prior Modifications used by a Contributor (if any), and the 24 Modifications made by that particular Contributor. 25 <br> 26 <br> 27 1.3. <span style="font-style: italic;">Covered Software</span> means 28 (a) the Original Software, or (b) 29 Modifications, or (c) the combination of files containing Original 30 Software with files containing Modifications, in each case including 31 portions thereof. 32 <br> 33 <br> 34 1.4. <span style="font-style: italic;">Executable</span> means the 35 Covered Software in any form other than 36 Source Code. 37 <br> 38 <br> 39 1.5. <span style="font-style: italic;">Initial Developer</span> means 40 the individual or entity that first makes 41 Original Software available under this License. 42 <br> 43 <br> 44 1.6. <span style="font-style: italic;">Larger Work</span> means a work 45 which combines Covered Software or 46 portions thereof with code not governed by the terms of this License. 47 <br> 48 <br> 49 1.7. <span style="font-style: italic;">License</span> means this 50 document. 51 <br> 52 <br> 53 1.8. <span style="font-style: italic;">Licensable</span> means having 54 the right to grant, to the maximum extent 55 possible, whether at the time of the initial grant or subsequently 56 acquired, any and all of the rights conveyed herein. 57 <br> 58 <br> 59 1.9. <span style="font-style: italic;">Modifications</span> means the 60 Source Code and Executable form of any of 61 the following: 62 A. Any file that results from an addition to, deletion from or 63 modification of the contents of a file containing Original Software or 64 previous Modifications; 65 B. Any new file that contains any part of the Original Software or 66 previous Modification; or 67 C. Any new file that is contributed or otherwise made available under 68 the terms of this License. 69 <br> 70 <br> 71 1.10. <span style="font-style: italic;">Original Software</span> means 72 the Source Code and Executable form of 73 computer software code that is originally released under this License. 74 <br> 75 <br> 76 1.11. <span style="font-style: italic;">Patent Claims</span> means any 77 patent claim(s), now owned or hereafter 78 acquired, including without limitation, method, process, and apparatus 79 claims, in any patent Licensable by grantor. 80 <br> 81 <br> 82 1.12. <span style="font-style: italic;">Source Code</span> means (a) 83 the common form of computer software code 84 in which modifications are made and (b) associated documentation 85 included in or with such code. 86 <br> 87 <br> 88 1.13. <span style="font-style: italic;">You (or Your)</span> means an 89 individual or a legal entity exercising 90 rights under, and complying with all of the terms of, this License. For 91 legal entities, You includes any entity which controls, is controlled 92 by, or is under common control with You. For purposes of this 93 definition, control means (a) the power, direct or indirect, to 94 cause 95 the direction or management of such entity, whether by contract or 96 otherwise, or (b) ownership of more than fifty percent (50%) of 97 the 98 outstanding shares or beneficial ownership of such entity. 99 <br> 100 <br> 101 2. License Grants.<br> 102 <br> 103 2.1. The Initial Developer Grant. 104 Conditioned upon Your compliance with Section 3.1 below and subject to 105 third party intellectual property claims, the Initial Developer hereby 106 grants You a world-wide, royalty-free, non-exclusive license: 107 <br> 108 <br> 109 (a) under intellectual property rights (other than patent or trademark) 110 Licensable by Initial Developer, to use, reproduce, modify, display, 111 perform, sublicense and distribute the Original Software (or portions 112 thereof), with or without Modifications, and/or as part of a Larger 113 Work; and 114 <br> 115 <br> 116 (b) under Patent Claims infringed by the making, using or selling of 117 Original Software, to make, have made, use, practice, sell, and offer 118 for sale, and/or otherwise dispose of the Original Software (or 119 portions thereof);<br> 120 <br> 121 (c) The licenses granted in Sections 2.1(a) and (b) are 122 effective on 123 the date Initial Developer first distributes or otherwise makes the 124 Original Software available to a third party under the terms of this 125 License;<br> 126 <br> 127 (d) Notwithstanding Section 2.1(b) above, no patent license 128 is granted: 129 (1) for code that You delete from the Original Software, or 130 (2) for 131 infringements caused by: (i) the modification of the Original 132 Software, 133 or (ii) the combination of the Original Software with other 134 software or 135 devices. 136 <br> 137 <br> 138 2.2. Contributor Grant. 139 Conditioned upon Your compliance with Section 3.1 below and subject to 140 third party intellectual property claims, 141 each Contributor hereby grants You a world-wide, royalty-free, 142 non-exclusive license: 143 <br> 144 <br> 145 (a) under intellectual property rights (other than patent or trademark) 146 Licensable by Contributor to use, reproduce, modify, display, perform, 147 sublicense and distribute the Modifications created by such Contributor 148 (or portions thereof), either on an unmodified basis, with other 149 Modifications, as Covered Software and/or as part of a Larger Work; and 150 <br> 151 <br> 152 (b) under Patent Claims infringed by the making, using, or selling of 153 Modifications made by that Contributor either alone and/or in 154 combination with its Contributor Version (or portions of such 155 combination), to make, use, sell, offer for sale, have made, and/or 156 otherwise dispose of: (1) Modifications made by that Contributor 157 (or 158 portions thereof); and (2) the combination of Modifications made 159 by 160 that Contributor with its Contributor Version (or portions of such 161 combination). 162 <br> 163 <br> 164 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 165 effective on 166 the date Contributor first distributes or otherwise makes the 167 Modifications available to a third party.<br> 168 <br> 169 (d) Notwithstanding Section 2.2(b) above, no patent license is 170 granted: 171 (1) for any code that Contributor has deleted from the Contributor 172 Version; (2) for infringements caused by: (i) third party 173 modifications 174 of Contributor Version, or (ii) the combination of Modifications 175 made 176 by that Contributor with other software (except as part of the 177 Contributor Version) or other devices; or (3) under Patent Claims 178 infringed by Covered Software in the absence of Modifications made by 179 that Contributor. 180 <br> 181 <br> 182 3. Distribution Obligations. 183 <br> 184 <br> 185 3.1. Availability of Source Code. 186 Any Covered Software that You distribute or otherwise make available in 187 Executable form must also be made available in Source Code form and 188 that Source Code form must be distributed only under the terms of this 189 License. You must include a copy of this License with every copy of the 190 Source Code form of the Covered Software You distribute or otherwise 191 make available. You must inform recipients of any such Covered Software 192 in Executable form as to how they can obtain such Covered Software in 193 Source Code form in a reasonable manner on or through a medium 194 customarily used for software exchange. 195 <br> 196 <br> 197 3.2. Modifications. 198 The Modifications that You create or to which You contribute are 199 governed by the terms of this License. You represent that You believe 200 Your Modifications are Your original creation(s) and/or You have 201 sufficient rights to grant the rights conveyed by this License. 202 <br> 203 <br> 204 3.3. Required Notices. 205 You must include a notice in each of Your Modifications that identifies 206 You as the Contributor of the Modification. You may not remove or alter 207 any copyright, patent or trademark notices contained within the Covered 208 Software, or any notices of licensing or any descriptive text giving 209 attribution to any Contributor or the Initial Developer. 210 <br> 211 <br> 212 3.4. Application of Additional Terms. 213 You may not offer or impose any terms on any Covered Software in Source 214 Code form that alters or restricts the applicable version of this 215 License or the recipients rights hereunder. You may choose to offer, 216 and to charge a fee for, warranty, support, indemnity or liability 217 obligations to one or more recipients of Covered Software. However, you 218 may do so only on Your own behalf, and not on behalf of the Initial 219 Developer or any Contributor. You must make it absolutely clear that 220 any such warranty, support, indemnity or liability obligation is 221 offered by You alone, and You hereby agree to indemnify the Initial 222 Developer and every Contributor for any liability incurred by the 223 Initial Developer or such Contributor as a result of warranty, support, 224 indemnity or liability terms You offer.<br> 225 <br> 226 3.5. Distribution of Executable Versions. 227 You may distribute the Executable form of the Covered Software under 228 the terms of this License or under the terms of a license of Your 229 choice, which may contain terms different from this License, provided 230 that You are in compliance with the terms of this License and that the 231 license for the Executable form 232 does not attempt to limit or alter the recipients rights in the Source 233 Code form from the rights set forth in this License. If You distribute 234 the Covered Software in Executable form under a different license, You 235 must make it absolutely clear that any terms which differ from this 236 License are offered by You alone, not by the Initial Developer or 237 Contributor. You hereby agree to indemnify the Initial Developer and 238 every Contributor for any liability incurred by the Initial Developer 239 or such Contributor as a result of any such terms You offer. 240 <br> 241 <br> 242 3.6. Larger Works. 243 You may create a Larger Work by combining Covered Software with other 244 code not governed by the terms of this License and distribute the 245 Larger Work as a single product. In such a case, You must make sure the 246 requirements of this License are fulfilled for the Covered Software. 247 <br> 248 <br> 249 4. Versions of the License. 250 <br> 251 <br> 252 4.1. New Versions. 253 Sun Microsystems, Inc. is the initial license steward and may publish 254 revised and/or new versions of this License from time to time. Each 255 version will be given a distinguishing version number. Except as 256 provided in Section 4.3, no one other than the license steward has the 257 right to modify this License. 258 <br> 259 <br> 260 4.2. Effect of New Versions. 261 You may always continue to use, distribute or otherwise make the 262 Covered Software available under the terms of the version of the 263 License under which You originally received the Covered Software. If 264 the Initial Developer includes a notice in the Original Software 265 prohibiting it from being distributed or otherwise made available under 266 any subsequent version of the License, You must distribute and make the 267 Covered Software available under the terms of the version of the 268 License under which You originally received the Covered Software. 269 Otherwise, You may also choose to use, distribute or otherwise make the 270 Covered Software available under the terms of any subsequent version of 271 the License published by the license steward. 272 <br> 273 <br> 274 4.3. Modified Versions. 275 When You are an Initial Developer and You want to create a new license 276 for Your Original Software, You may create and use a modified version 277 of this License if You: (a) rename the license and remove any 278 references to the name of the license steward (except to note that the 279 license differs from this License); and (b) otherwise make it 280 clear 281 that the license contains terms which differ from this License. 282 <br> 283 <br> 284 5. DISCLAIMER OF WARRANTY. 285 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, 286 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 287 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF 288 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. 289 THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED 290 SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN 291 ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) 292 ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS 293 DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. 294 NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER 295 THIS DISCLAIMER. 296 <br> 297 <br> 298 6. TERMINATION. 299 <br> 300 <br> 301 6.1. This License and the rights granted hereunder will terminate 302 automatically if You fail to comply with terms herein and fail to cure 303 such breach within 30 days of becoming aware of the breach. Provisions 304 which, by their nature, must remain in effect beyond the termination of 305 this License shall survive. 306 <br> 307 <br> 308 6.2. If You assert a patent infringement claim (excluding declaratory 309 judgment actions) against Initial Developer or a Contributor (the 310 Initial Developer or Contributor against whom You assert such claim is 311 referred to as Participant) alleging that the Participant Software 312 (meaning the Contributor Version where the Participant is a Contributor 313 or the Original Software where the Participant is the Initial 314 Developer) directly or indirectly infringes any patent, then any and 315 all rights granted directly or indirectly to You by such Participant, 316 the Initial Developer (if the Initial Developer is not the Participant) 317 and all Contributors under 318 Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice 319 from 320 Participant terminate prospectively and automatically at the expiration 321 of such 60 day notice period, unless if within such 60 day period You 322 withdraw Your claim with respect to the Participant Software against 323 such Participant either unilaterally or pursuant to a written agreement 324 with Participant. 325 <br> 326 <br> 327 6.3. In the event of termination under Sections 6.1 or 6.2 above, 328 all 329 end user licenses that have been validly granted by You or any 330 distributor hereunder prior to termination (excluding licenses granted 331 to You by any distributor) shall survive termination. 332 <br> 333 <br> 334 7. LIMITATION OF LIABILITY. 335 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 336 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 337 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED 338 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 339 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES 340 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST 341 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 342 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 343 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 344 THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 345 PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT 346 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT 347 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 348 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 349 <br> 350 <br> 351 8. U.S. GOVERNMENT END USERS. 352 The Covered Software is a commercial item, as that term is defined in 353 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial 354 computer software 355 (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and 356 commercial computer software documentation as such terms are used in 357 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 358 12.212 and 48 359 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government 360 End Users acquire Covered Software with only those rights set forth 361 herein. This U.S. Government Rights clause is in lieu of, and 362 supersedes, any other FAR, DFAR, or other clause or provision that 363 addresses Government rights in computer software under this License. 364 <br> 365 <br> 366 9. MISCELLANEOUS. 367 This License represents the complete agreement concerning subject 368 matter hereof. If any provision of this License is held to be 369 unenforceable, such provision shall be reformed only to the extent 370 necessary to make it enforceable. This License shall be governed by the 371 law of the jurisdiction specified in a notice contained within the 372 Original Software (except to the extent applicable law, if any, 373 provides otherwise), excluding such jurisdictions conflict-of-law 374 provisions. Any litigation relating to this License shall be subject to 375 the jurisdiction of the courts located in the jurisdiction and venue 376 specified in a notice contained within the Original Software, with the 377 losing party responsible for costs, including, without limitation, 378 court costs and reasonable attorneys fees and expenses. The application 379 of the United Nations Convention on Contracts for the International 380 Sale of Goods is expressly excluded. Any law or regulation which 381 provides that the language of a contract shall be construed against the 382 drafter shall not apply to this License. You agree that You alone are 383 responsible for compliance with the United States export administration 384 regulations (and the export control laws and regulation of any other 385 countries) when You use, distribute or otherwise make available any 386 Covered Software. <br> 387 <br> 388 10. RESPONSIBILITY FOR CLAIMS. 389 As between Initial Developer and the Contributors, each party is 390 responsible for claims and damages arising, directly or indirectly, out 391 of its utilization of rights under this License and You agree to work 392 with Initial Developer and Contributors to distribute such 393 responsibility on an equitable basis. Nothing herein is intended or 394 shall be deemed to constitute any admission of liability. 395 <br> 396 <br> 397 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION 398 LICENSE (CDDL) 399 The code released under the CDDL shall be governed by the 400 laws of the State of California (excluding conflict-of-law provisions). 401 Any litigation relating to this License shall be subject to the 402 jurisdiction of the Federal Courts of the Northern District of 403 California and the state courts of the State of California, with venue 404 lying in Santa Clara County, California. 405 </body> 406 </html> 407
