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diff --git a/licenses/CDDL-1.0.txt b/licenses/CDDL-1.0.txt new file mode 100644 index 0000000..972a8ac --- /dev/null +++ b/licenses/CDDL-1.0.txt @@ -0,0 +1,318 @@ +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 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. + +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 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. + |