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