diff options
Diffstat (limited to 'options/license/CDDL-1.0')
| -rw-r--r-- | options/license/CDDL-1.0 | 106 |
1 files changed, 47 insertions, 59 deletions
diff --git a/options/license/CDDL-1.0 b/options/license/CDDL-1.0 index 4070a78674..8d88c97467 100644 --- a/options/license/CDDL-1.0 +++ b/options/license/CDDL-1.0 @@ -1,36 +1,35 @@ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) - Version 1.0 - 1. Definitions. +1. Definitions. -1.1. "Contributor" means each individual or entity that creates or contributes +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, +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, +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 +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 +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 +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. +1.7. “License” means this document. -1.8. "Licensable" means having the right to grant, to the maximum extent possible, +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 +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 @@ -42,29 +41,28 @@ 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 +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, +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 +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 +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 +“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. +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: @@ -87,8 +85,7 @@ 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. - +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: @@ -118,10 +115,9 @@ 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. +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 @@ -131,26 +127,23 @@ 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. - +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. - +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. - +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 +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 @@ -160,13 +153,12 @@ 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. - +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 +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, @@ -175,24 +167,21 @@ 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. - +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. +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. - +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 @@ -204,8 +193,7 @@ 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. - +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 @@ -213,9 +201,9 @@ 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. +5. DISCLAIMER OF WARRANTY. -COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT +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 @@ -225,7 +213,7 @@ 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. 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 @@ -234,7 +222,7 @@ 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") +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 @@ -252,7 +240,7 @@ 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. +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 @@ -263,36 +251,36 @@ 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 +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. +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. +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. +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 +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 +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 @@ -300,7 +288,7 @@ You alone are responsible for compliance with the United States export administr 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. +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 |