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