COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)Version 1.1
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.
Oracle 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. If You assert a patent infringement claim against Participant alleging
that the Participant Software directly or indirectly infringes any patent
where such claim is resolved (such as by license or settlement) prior to
the initiation of patent infringement litigation, then the reasonable value
of the licenses granted by such Participant under Sections 2.1 or 2.2 shall
be taken into account in determining the amount or value of any payment
or license.
6.4. 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 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.
NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
LICENSE (CDDL)
The code released under the CDDL 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.
Example 9.1. Common Development and Distribution License
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