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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 thisdefinition,
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 recipients
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 PARTYS 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 jurisdictions 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.
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NOTICE PURSUANT TO SECTION 9 OF THE COMMON
DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL): This code
is released under the CDDL and shall be governed by the laws
of the State of California (excluding conflict-of-law provisions).
Any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California and the state courts of the State of California, with
venue lying in Santa Clara County, California.
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Example 8.1. Common Development and Distribution License
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