stevel@tonic-gate | 7c478bd | 2005-06-14 00:00:00 -0700 | [diff] [blame] | 1 | Unless otherwise noted, all files in this distribution are released |
wesolows | cbf5bfd | 2006-04-24 15:34:30 -0700 | [diff] [blame] | 2 | under the Common Development and Distribution License (CDDL). |
| 3 | Exceptions are noted within the associated source files. |
stevel@tonic-gate | 7c478bd | 2005-06-14 00:00:00 -0700 | [diff] [blame] | 4 | |
| 5 | -------------------------------------------------------------------- |
| 6 | |
| 7 | |
| 8 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0 |
| 9 | |
| 10 | 1. Definitions. |
| 11 | |
| 12 | 1.1. "Contributor" means each individual or entity that creates |
| 13 | or contributes to the creation of Modifications. |
| 14 | |
| 15 | 1.2. "Contributor Version" means the combination of the Original |
| 16 | Software, prior Modifications used by a Contributor (if any), |
| 17 | and the Modifications made by that particular Contributor. |
| 18 | |
| 19 | 1.3. "Covered Software" means (a) the Original Software, or (b) |
| 20 | Modifications, or (c) the combination of files containing |
| 21 | Original Software with files containing Modifications, in |
| 22 | each case including portions thereof. |
| 23 | |
| 24 | 1.4. "Executable" means the Covered Software in any form other |
| 25 | than Source Code. |
| 26 | |
| 27 | 1.5. "Initial Developer" means the individual or entity that first |
| 28 | makes Original Software available under this License. |
| 29 | |
| 30 | 1.6. "Larger Work" means a work which combines Covered Software or |
| 31 | portions thereof with code not governed by the terms of this |
| 32 | License. |
| 33 | |
| 34 | 1.7. "License" means this document. |
| 35 | |
| 36 | 1.8. "Licensable" means having the right to grant, to the maximum |
| 37 | extent possible, whether at the time of the initial grant or |
| 38 | subsequently acquired, any and all of the rights conveyed |
| 39 | herein. |
| 40 | |
| 41 | 1.9. "Modifications" means the Source Code and Executable form of |
| 42 | any of the following: |
| 43 | |
| 44 | A. Any file that results from an addition to, deletion from or |
| 45 | modification of the contents of a file containing Original |
| 46 | Software or previous Modifications; |
| 47 | |
| 48 | B. Any new file that contains any part of the Original |
| 49 | Software or previous Modifications; or |
| 50 | |
| 51 | C. Any new file that is contributed or otherwise made |
| 52 | available under the terms of this License. |
| 53 | |
| 54 | 1.10. "Original Software" means the Source Code and Executable |
| 55 | form of computer software code that is originally released |
| 56 | under this License. |
| 57 | |
| 58 | 1.11. "Patent Claims" means any patent claim(s), now owned or |
| 59 | hereafter acquired, including without limitation, method, |
| 60 | process, and apparatus claims, in any patent Licensable by |
| 61 | grantor. |
| 62 | |
| 63 | 1.12. "Source Code" means (a) the common form of computer software |
| 64 | code in which modifications are made and (b) associated |
| 65 | documentation included in or with such code. |
| 66 | |
| 67 | 1.13. "You" (or "Your") means an individual or a legal entity |
| 68 | exercising rights under, and complying with all of the terms |
| 69 | of, this License. For legal entities, "You" includes any |
| 70 | entity which controls, is controlled by, or is under common |
| 71 | control with You. For purposes of this definition, |
| 72 | "control" means (a) the power, direct or indirect, to cause |
| 73 | the direction or management of such entity, whether by |
| 74 | contract or otherwise, or (b) ownership of more than fifty |
| 75 | percent (50%) of the outstanding shares or beneficial |
| 76 | ownership of such entity. |
| 77 | |
| 78 | 2. License Grants. |
| 79 | |
| 80 | 2.1. The Initial Developer Grant. |
| 81 | |
| 82 | Conditioned upon Your compliance with Section 3.1 below and |
| 83 | subject to third party intellectual property claims, the Initial |
| 84 | Developer hereby grants You a world-wide, royalty-free, |
| 85 | non-exclusive license: |
| 86 | |
| 87 | (a) under intellectual property rights (other than patent or |
| 88 | trademark) Licensable by Initial Developer, to use, |
| 89 | reproduce, modify, display, perform, sublicense and |
| 90 | distribute the Original Software (or portions thereof), |
| 91 | with or without Modifications, and/or as part of a Larger |
| 92 | Work; and |
| 93 | |
| 94 | (b) under Patent Claims infringed by the making, using or |
| 95 | selling of Original Software, to make, have made, use, |
| 96 | practice, sell, and offer for sale, and/or otherwise |
| 97 | dispose of the Original Software (or portions thereof). |
| 98 | |
| 99 | (c) The licenses granted in Sections 2.1(a) and (b) are |
| 100 | effective on the date Initial Developer first distributes |
| 101 | or otherwise makes the Original Software available to a |
| 102 | third party under the terms of this License. |
| 103 | |
| 104 | (d) Notwithstanding Section 2.1(b) above, no patent license is |
| 105 | granted: (1) for code that You delete from the Original |
| 106 | Software, or (2) for infringements caused by: (i) the |
| 107 | modification of the Original Software, or (ii) the |
| 108 | combination of the Original Software with other software |
| 109 | or devices. |
| 110 | |
| 111 | 2.2. Contributor Grant. |
| 112 | |
| 113 | Conditioned upon Your compliance with Section 3.1 below and |
| 114 | subject to third party intellectual property claims, each |
| 115 | Contributor hereby grants You a world-wide, royalty-free, |
| 116 | non-exclusive license: |
| 117 | |
| 118 | (a) under intellectual property rights (other than patent or |
| 119 | trademark) Licensable by Contributor to use, reproduce, |
| 120 | modify, display, perform, sublicense and distribute the |
| 121 | Modifications created by such Contributor (or portions |
| 122 | thereof), either on an unmodified basis, with other |
| 123 | Modifications, as Covered Software and/or as part of a |
| 124 | Larger Work; and |
| 125 | |
| 126 | (b) under Patent Claims infringed by the making, using, or |
| 127 | selling of Modifications made by that Contributor either |
| 128 | alone and/or in combination with its Contributor Version |
| 129 | (or portions of such combination), to make, use, sell, |
| 130 | offer for sale, have made, and/or otherwise dispose of: |
| 131 | (1) Modifications made by that Contributor (or portions |
| 132 | thereof); and (2) the combination of Modifications made by |
| 133 | that Contributor with its Contributor Version (or portions |
| 134 | of such combination). |
| 135 | |
| 136 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
| 137 | effective on the date Contributor first distributes or |
| 138 | otherwise makes the Modifications available to a third |
| 139 | party. |
| 140 | |
| 141 | (d) Notwithstanding Section 2.2(b) above, no patent license is |
| 142 | granted: (1) for any code that Contributor has deleted |
| 143 | from the Contributor Version; (2) for infringements caused |
| 144 | by: (i) third party modifications of Contributor Version, |
| 145 | or (ii) the combination of Modifications made by that |
| 146 | Contributor with other software (except as part of the |
| 147 | Contributor Version) or other devices; or (3) under Patent |
| 148 | Claims infringed by Covered Software in the absence of |
| 149 | Modifications made by that Contributor. |
| 150 | |
| 151 | 3. Distribution Obligations. |
| 152 | |
| 153 | 3.1. Availability of Source Code. |
| 154 | |
| 155 | Any Covered Software that You distribute or otherwise make |
| 156 | available in Executable form must also be made available in Source |
| 157 | Code form and that Source Code form must be distributed only under |
| 158 | the terms of this License. You must include a copy of this |
| 159 | License with every copy of the Source Code form of the Covered |
| 160 | Software You distribute or otherwise make available. You must |
| 161 | inform recipients of any such Covered Software in Executable form |
| 162 | as to how they can obtain such Covered Software in Source Code |
| 163 | form in a reasonable manner on or through a medium customarily |
| 164 | used for software exchange. |
| 165 | |
| 166 | 3.2. Modifications. |
| 167 | |
| 168 | The Modifications that You create or to which You contribute are |
| 169 | governed by the terms of this License. You represent that You |
| 170 | believe Your Modifications are Your original creation(s) and/or |
| 171 | You have sufficient rights to grant the rights conveyed by this |
| 172 | License. |
| 173 | |
| 174 | 3.3. Required Notices. |
| 175 | |
| 176 | You must include a notice in each of Your Modifications that |
| 177 | identifies You as the Contributor of the Modification. You may |
| 178 | not remove or alter any copyright, patent or trademark notices |
| 179 | contained within the Covered Software, or any notices of licensing |
| 180 | or any descriptive text giving attribution to any Contributor or |
| 181 | the Initial Developer. |
| 182 | |
| 183 | 3.4. Application of Additional Terms. |
| 184 | |
| 185 | You may not offer or impose any terms on any Covered Software in |
| 186 | Source Code form that alters or restricts the applicable version |
| 187 | of this License or the recipients' rights hereunder. You may |
| 188 | choose to offer, and to charge a fee for, warranty, support, |
| 189 | indemnity or liability obligations to one or more recipients of |
| 190 | Covered Software. However, you may do so only on Your own behalf, |
| 191 | and not on behalf of the Initial Developer or any Contributor. |
| 192 | You must make it absolutely clear that any such warranty, support, |
| 193 | indemnity or liability obligation is offered by You alone, and You |
| 194 | hereby agree to indemnify the Initial Developer and every |
| 195 | Contributor for any liability incurred by the Initial Developer or |
| 196 | such Contributor as a result of warranty, support, indemnity or |
| 197 | liability terms You offer. |
| 198 | |
| 199 | 3.5. Distribution of Executable Versions. |
| 200 | |
| 201 | You may distribute the Executable form of the Covered Software |
| 202 | under the terms of this License or under the terms of a license of |
| 203 | Your choice, which may contain terms different from this License, |
| 204 | provided that You are in compliance with the terms of this License |
| 205 | and that the license for the Executable form does not attempt to |
| 206 | limit or alter the recipient's rights in the Source Code form from |
| 207 | the rights set forth in this License. If You distribute the |
| 208 | Covered Software in Executable form under a different license, You |
| 209 | must make it absolutely clear that any terms which differ from |
| 210 | this License are offered by You alone, not by the Initial |
| 211 | Developer or Contributor. You hereby agree to indemnify the |
| 212 | Initial Developer and every Contributor for any liability incurred |
| 213 | by the Initial Developer or such Contributor as a result of any |
| 214 | such terms You offer. |
| 215 | |
| 216 | 3.6. Larger Works. |
| 217 | |
| 218 | You may create a Larger Work by combining Covered Software with |
| 219 | other code not governed by the terms of this License and |
| 220 | distribute the Larger Work as a single product. In such a case, |
| 221 | You must make sure the requirements of this License are fulfilled |
| 222 | for the Covered Software. |
| 223 | |
| 224 | 4. Versions of the License. |
| 225 | |
| 226 | 4.1. New Versions. |
| 227 | |
| 228 | Sun Microsystems, Inc. is the initial license steward and may |
| 229 | publish revised and/or new versions of this License from time to |
| 230 | time. Each version will be given a distinguishing version number. |
| 231 | Except as provided in Section 4.3, no one other than the license |
| 232 | steward has the right to modify this License. |
| 233 | |
| 234 | 4.2. Effect of New Versions. |
| 235 | |
| 236 | You may always continue to use, distribute or otherwise make the |
| 237 | Covered Software available under the terms of the version of the |
| 238 | License under which You originally received the Covered Software. |
| 239 | If the Initial Developer includes a notice in the Original |
| 240 | Software prohibiting it from being distributed or otherwise made |
| 241 | available under any subsequent version of the License, You must |
| 242 | distribute and make the Covered Software available under the terms |
| 243 | of the version of the License under which You originally received |
| 244 | the Covered Software. Otherwise, You may also choose to use, |
| 245 | distribute or otherwise make the Covered Software available under |
| 246 | the terms of any subsequent version of the License published by |
| 247 | the license steward. |
| 248 | |
| 249 | 4.3. Modified Versions. |
| 250 | |
| 251 | When You are an Initial Developer and You want to create a new |
| 252 | license for Your Original Software, You may create and use a |
| 253 | modified version of this License if You: (a) rename the license |
| 254 | and remove any references to the name of the license steward |
| 255 | (except to note that the license differs from this License); and |
| 256 | (b) otherwise make it clear that the license contains terms which |
| 257 | differ from this License. |
| 258 | |
| 259 | 5. DISCLAIMER OF WARRANTY. |
| 260 | |
| 261 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" |
| 262 | BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, |
| 263 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED |
| 264 | SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR |
| 265 | PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND |
| 266 | PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY |
| 267 | COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE |
| 268 | INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY |
| 269 | NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF |
| 270 | WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF |
| 271 | ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS |
| 272 | DISCLAIMER. |
| 273 | |
| 274 | 6. TERMINATION. |
| 275 | |
| 276 | 6.1. This License and the rights granted hereunder will terminate |
| 277 | automatically if You fail to comply with terms herein and fail to |
| 278 | cure such breach within 30 days of becoming aware of the breach. |
| 279 | Provisions which, by their nature, must remain in effect beyond |
| 280 | the termination of this License shall survive. |
| 281 | |
| 282 | 6.2. If You assert a patent infringement claim (excluding |
| 283 | declaratory judgment actions) against Initial Developer or a |
| 284 | Contributor (the Initial Developer or Contributor against whom You |
| 285 | assert such claim is referred to as "Participant") alleging that |
| 286 | the Participant Software (meaning the Contributor Version where |
| 287 | the Participant is a Contributor or the Original Software where |
| 288 | the Participant is the Initial Developer) directly or indirectly |
| 289 | infringes any patent, then any and all rights granted directly or |
| 290 | indirectly to You by such Participant, the Initial Developer (if |
| 291 | the Initial Developer is not the Participant) and all Contributors |
| 292 | under Sections 2.1 and/or 2.2 of this License shall, upon 60 days |
| 293 | notice from Participant terminate prospectively and automatically |
| 294 | at the expiration of such 60 day notice period, unless if within |
| 295 | such 60 day period You withdraw Your claim with respect to the |
| 296 | Participant Software against such Participant either unilaterally |
| 297 | or pursuant to a written agreement with Participant. |
| 298 | |
| 299 | 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
| 300 | all end user licenses that have been validly granted by You or any |
| 301 | distributor hereunder prior to termination (excluding licenses |
| 302 | granted to You by any distributor) shall survive termination. |
| 303 | |
| 304 | 7. LIMITATION OF LIABILITY. |
| 305 | |
| 306 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| 307 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE |
| 308 | INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF |
| 309 | COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE |
| 310 | LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR |
| 311 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| 312 | LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK |
| 313 | STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER |
| 314 | COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN |
| 315 | INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF |
| 316 | LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL |
| 317 | INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT |
| 318 | APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
| 319 | NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR |
| 320 | CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT |
| 321 | APPLY TO YOU. |
| 322 | |
| 323 | 8. U.S. GOVERNMENT END USERS. |
| 324 | |
| 325 | The Covered Software is a "commercial item," as that term is |
| 326 | defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial |
| 327 | computer software" (as that term is defined at 48 |
| 328 | C.F.R. 252.227-7014(a)(1)) and "commercial computer software |
| 329 | documentation" as such terms are used in 48 C.F.R. 12.212 |
| 330 | (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 |
| 331 | C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
| 332 | U.S. Government End Users acquire Covered Software with only those |
| 333 | rights set forth herein. This U.S. Government Rights clause is in |
| 334 | lieu of, and supersedes, any other FAR, DFAR, or other clause or |
| 335 | provision that addresses Government rights in computer software |
| 336 | under this License. |
| 337 | |
| 338 | 9. MISCELLANEOUS. |
| 339 | |
| 340 | This License represents the complete agreement concerning subject |
| 341 | matter hereof. If any provision of this License is held to be |
| 342 | unenforceable, such provision shall be reformed only to the extent |
| 343 | necessary to make it enforceable. This License shall be governed |
| 344 | by the law of the jurisdiction specified in a notice contained |
| 345 | within the Original Software (except to the extent applicable law, |
| 346 | if any, provides otherwise), excluding such jurisdiction's |
| 347 | conflict-of-law provisions. Any litigation relating to this |
| 348 | License shall be subject to the jurisdiction of the courts located |
| 349 | in the jurisdiction and venue specified in a notice contained |
| 350 | within the Original Software, with the losing party responsible |
| 351 | for costs, including, without limitation, court costs and |
| 352 | reasonable attorneys' fees and expenses. The application of the |
| 353 | United Nations Convention on Contracts for the International Sale |
| 354 | of Goods is expressly excluded. Any law or regulation which |
| 355 | provides that the language of a contract shall be construed |
| 356 | against the drafter shall not apply to this License. You agree |
| 357 | that You alone are responsible for compliance with the United |
| 358 | States export administration regulations (and the export control |
| 359 | laws and regulation of any other countries) when You use, |
| 360 | distribute or otherwise make available any Covered Software. |
| 361 | |
| 362 | 10. RESPONSIBILITY FOR CLAIMS. |
| 363 | |
| 364 | As between Initial Developer and the Contributors, each party is |
| 365 | responsible for claims and damages arising, directly or |
| 366 | indirectly, out of its utilization of rights under this License |
| 367 | and You agree to work with Initial Developer and Contributors to |
| 368 | distribute such responsibility on an equitable basis. Nothing |
| 369 | herein is intended or shall be deemed to constitute any admission |
| 370 | of liability. |
| 371 | |
| 372 | -------------------------------------------------------------------- |
| 373 | |
| 374 | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND |
| 375 | DISTRIBUTION LICENSE (CDDL) |
| 376 | |
| 377 | For Covered Software in this distribution, this License shall |
| 378 | be governed by the laws of the State of California (excluding |
| 379 | conflict-of-law provisions). |
| 380 | |
| 381 | Any litigation relating to this License shall be subject to the |
| 382 | jurisdiction of the Federal Courts of the Northern District of |
| 383 | California and the state courts of the State of California, with |
| 384 | venue lying in Santa Clara County, California. |