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