xref: /titanic_44/usr/src/OPENSOLARIS.LICENSE (revision b7f45089ccbe01bab3d7c7377b49d80d2ae18a69)
1Unless otherwise noted, all files in this distribution are released
2under the Common Development and Distribution License (CDDL),
3Version 1.0 only.  Exceptions are noted within the associated
4source files.
5
6--------------------------------------------------------------------
7
8
9COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
10
111. Definitions.
12
13    1.1. "Contributor" means each individual or entity that creates
14         or contributes to the creation of Modifications.
15
16    1.2. "Contributor Version" means the combination of the Original
17         Software, prior Modifications used by a Contributor (if any),
18         and the Modifications made by that particular Contributor.
19
20    1.3. "Covered Software" means (a) the Original Software, or (b)
21         Modifications, or (c) the combination of files containing
22         Original Software with files containing Modifications, in
23         each case including portions thereof.
24
25    1.4. "Executable" means the Covered Software in any form other
26         than Source Code.
27
28    1.5. "Initial Developer" means the individual or entity that first
29         makes Original Software available under this License.
30
31    1.6. "Larger Work" means a work which combines Covered Software or
32         portions thereof with code not governed by the terms of this
33         License.
34
35    1.7. "License" means this document.
36
37    1.8. "Licensable" means having the right to grant, to the maximum
38         extent possible, whether at the time of the initial grant or
39         subsequently acquired, any and all of the rights conveyed
40         herein.
41
42    1.9. "Modifications" means the Source Code and Executable form of
43         any of the following:
44
45        A. Any file that results from an addition to, deletion from or
46           modification of the contents of a file containing Original
47           Software or previous Modifications;
48
49        B. Any new file that contains any part of the Original
50           Software or previous Modifications; or
51
52        C. Any new file that is contributed or otherwise made
53           available under the terms of this License.
54
55    1.10. "Original Software" means the Source Code and Executable
56          form of computer software code that is originally released
57          under this License.
58
59    1.11. "Patent Claims" means any patent claim(s), now owned or
60          hereafter acquired, including without limitation, method,
61          process, and apparatus claims, in any patent Licensable by
62          grantor.
63
64    1.12. "Source Code" means (a) the common form of computer software
65          code in which modifications are made and (b) associated
66          documentation included in or with such code.
67
68    1.13. "You" (or "Your") means an individual or a legal entity
69          exercising rights under, and complying with all of the terms
70          of, this License.  For legal entities, "You" includes any
71          entity which controls, is controlled by, or is under common
72          control with You.  For purposes of this definition,
73          "control" means (a) the power, direct or indirect, to cause
74          the direction or management of such entity, whether by
75          contract or otherwise, or (b) ownership of more than fifty
76          percent (50%) of the outstanding shares or beneficial
77          ownership of such entity.
78
792. License Grants.
80
81    2.1. The Initial Developer Grant.
82
83    Conditioned upon Your compliance with Section 3.1 below and
84    subject to third party intellectual property claims, the Initial
85    Developer hereby grants You a world-wide, royalty-free,
86    non-exclusive license:
87
88        (a) under intellectual property rights (other than patent or
89            trademark) Licensable by Initial Developer, to use,
90            reproduce, modify, display, perform, sublicense and
91            distribute the Original Software (or portions thereof),
92            with or without Modifications, and/or as part of a Larger
93            Work; and
94
95        (b) under Patent Claims infringed by the making, using or
96            selling of Original Software, to make, have made, use,
97            practice, sell, and offer for sale, and/or otherwise
98            dispose of the Original Software (or portions thereof).
99
100        (c) The licenses granted in Sections 2.1(a) and (b) are
101            effective on the date Initial Developer first distributes
102            or otherwise makes the Original Software available to a
103            third party under the terms of this License.
104
105        (d) Notwithstanding Section 2.1(b) above, no patent license is
106            granted: (1) for code that You delete from the Original
107            Software, or (2) for infringements caused by: (i) the
108            modification of the Original Software, or (ii) the
109            combination of the Original Software with other software
110            or devices.
111
112    2.2. Contributor Grant.
113
114    Conditioned upon Your compliance with Section 3.1 below and
115    subject to third party intellectual property claims, each
116    Contributor hereby grants You a world-wide, royalty-free,
117    non-exclusive license:
118
119        (a) under intellectual property rights (other than patent or
120            trademark) Licensable by Contributor to use, reproduce,
121            modify, display, perform, sublicense and distribute the
122            Modifications created by such Contributor (or portions
123            thereof), either on an unmodified basis, with other
124            Modifications, as Covered Software and/or as part of a
125            Larger Work; and
126
127        (b) under Patent Claims infringed by the making, using, or
128            selling of Modifications made by that Contributor either
129            alone and/or in combination with its Contributor Version
130            (or portions of such combination), to make, use, sell,
131            offer for sale, have made, and/or otherwise dispose of:
132            (1) Modifications made by that Contributor (or portions
133            thereof); and (2) the combination of Modifications made by
134            that Contributor with its Contributor Version (or portions
135            of such combination).
136
137        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
138            effective on the date Contributor first distributes or
139            otherwise makes the Modifications available to a third
140            party.
141
142        (d) Notwithstanding Section 2.2(b) above, no patent license is
143            granted: (1) for any code that Contributor has deleted
144            from the Contributor Version; (2) for infringements caused
145            by: (i) third party modifications of Contributor Version,
146            or (ii) the combination of Modifications made by that
147            Contributor with other software (except as part of the
148            Contributor Version) or other devices; or (3) under Patent
149            Claims infringed by Covered Software in the absence of
150            Modifications made by that Contributor.
151
1523. Distribution Obligations.
153
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
160    License with every copy of the Source Code form of the Covered
161    Software You distribute or otherwise make available.  You must
162    inform recipients of any such Covered Software in Executable form
163    as to how they can obtain such Covered Software in Source Code
164    form in a reasonable manner on or through a medium customarily
165    used for software 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
172    You 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
179    not 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
188    of this License or the recipients' rights hereunder.  You may
189    choose to offer, and to charge a fee for, warranty, support,
190    indemnity or liability obligations to one or more recipients of
191    Covered Software.  However, you may do so only on Your own behalf,
192    and not on behalf of the Initial Developer or any Contributor.
193    You must make it absolutely clear that any such warranty, support,
194    indemnity or liability obligation is offered by You alone, and You
195    hereby agree to indemnify the Initial Developer and every
196    Contributor for any liability incurred by the Initial Developer or
197    such Contributor as a result of warranty, support, indemnity or
198    liability terms You 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
209    Covered Software in Executable form under a different license, You
210    must make it absolutely clear that any terms which differ from
211    this License are offered by You alone, not by the Initial
212    Developer or Contributor.  You hereby agree to indemnify the
213    Initial Developer and every Contributor for any liability incurred
214    by the Initial Developer or such Contributor as a result of any
215    such terms You 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
221    distribute the Larger Work as a single product.  In such a case,
222    You must make sure the requirements of this License are fulfilled
223    for the Covered Software.
224
2254. Versions of the License.
226
227    4.1. New Versions.
228
229    Sun Microsystems, Inc. is the initial license steward and may
230    publish revised and/or new versions of this License from time to
231    time.  Each version will be given a distinguishing version number.
232    Except as provided in Section 4.3, no one other than the license
233    steward has the right to modify this License.
234
235    4.2. Effect of New Versions.
236
237    You may always continue to use, distribute or otherwise make the
238    Covered Software available under the terms of the version of the
239    License under which You originally received the Covered Software.
240    If the Initial Developer includes a notice in the Original
241    Software prohibiting it from being distributed or otherwise made
242    available under any subsequent version of the License, You must
243    distribute and make the Covered Software available under the terms
244    of the version of the License under which You originally received
245    the Covered Software.  Otherwise, You may also choose to use,
246    distribute or otherwise make the Covered Software available under
247    the terms of any subsequent version of the License published by
248    the license steward.
249
250    4.3. Modified Versions.
251
252    When You are an Initial Developer and You want to create a new
253    license for Your Original Software, You may create and use a
254    modified version of this License if You: (a) rename the license
255    and remove any references to the name of the license steward
256    (except to note that the license differs from this License); and
257    (b) otherwise make it clear that the license contains terms which
258    differ from this License.
259
2605. DISCLAIMER OF WARRANTY.
261
262    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
263    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
264    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
265    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
266    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
267    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
268    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
269    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
270    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
271    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
272    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
273    DISCLAIMER.
274
2756. TERMINATION.
276
277    6.1. This License and the rights granted hereunder will terminate
278    automatically if You fail to comply with terms herein and fail to
279    cure such breach within 30 days of becoming aware of the breach.
280    Provisions which, by their nature, must remain in effect beyond
281    the termination of this License shall survive.
282
283    6.2. If You assert a patent infringement claim (excluding
284    declaratory judgment actions) against Initial Developer or a
285    Contributor (the Initial Developer or Contributor against whom You
286    assert such claim is referred to as "Participant") alleging that
287    the Participant Software (meaning the Contributor Version where
288    the Participant is a Contributor or the Original Software where
289    the Participant is the Initial Developer) directly or indirectly
290    infringes any patent, then any and all rights granted directly or
291    indirectly to You by such Participant, the Initial Developer (if
292    the Initial Developer is not the Participant) and all Contributors
293    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
294    notice from Participant terminate prospectively and automatically
295    at the expiration of such 60 day notice period, unless if within
296    such 60 day period You withdraw Your claim with respect to the
297    Participant Software against such Participant either unilaterally
298    or pursuant to a written agreement with Participant.
299
300    6.3. In the event of termination under Sections 6.1 or 6.2 above,
301    all end user licenses that have been validly granted by You or any
302    distributor hereunder prior to termination (excluding licenses
303    granted to You by any distributor) shall survive termination.
304
3057. LIMITATION OF LIABILITY.
306
307    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
308    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
309    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
310    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
311    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
312    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
313    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
314    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
315    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
316    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
317    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
318    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
319    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
320    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
321    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
322    APPLY TO YOU.
323
3248. U.S. GOVERNMENT END USERS.
325
326    The Covered Software is a "commercial item," as that term is
327    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
328    computer software" (as that term is defined at 48
329    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
330    documentation" as such terms are used in 48 C.F.R. 12.212
331    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
332    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
333    U.S. Government End Users acquire Covered Software with only those
334    rights set forth herein.  This U.S. Government Rights clause is in
335    lieu of, and supersedes, any other FAR, DFAR, or other clause or
336    provision that addresses Government rights in computer software
337    under this License.
338
3399. MISCELLANEOUS.
340
341    This License represents the complete agreement concerning subject
342    matter hereof.  If any provision of this License is held to be
343    unenforceable, such provision shall be reformed only to the extent
344    necessary to make it enforceable.  This License shall be governed
345    by the law of the jurisdiction specified in a notice contained
346    within the Original Software (except to the extent applicable law,
347    if any, provides otherwise), excluding such jurisdiction's
348    conflict-of-law provisions.  Any litigation relating to this
349    License shall be subject to the jurisdiction of the courts located
350    in the jurisdiction and venue specified in a notice contained
351    within the Original Software, with the losing party responsible
352    for costs, including, without limitation, court costs and
353    reasonable attorneys' fees and expenses.  The application of the
354    United Nations Convention on Contracts for the International Sale
355    of Goods is expressly excluded.  Any law or regulation which
356    provides that the language of a contract shall be construed
357    against the drafter shall not apply to this License.  You agree
358    that You alone are responsible for compliance with the United
359    States export administration regulations (and the export control
360    laws and regulation of any other countries) when You use,
361    distribute or otherwise make available any Covered Software.
362
36310. RESPONSIBILITY FOR CLAIMS.
364
365    As between Initial Developer and the Contributors, each party is
366    responsible for claims and damages arising, directly or
367    indirectly, out of its utilization of rights under this License
368    and You agree to work with Initial Developer and Contributors to
369    distribute such responsibility on an equitable basis.  Nothing
370    herein is intended or shall be deemed to constitute any admission
371    of liability.
372
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374
375NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
376DISTRIBUTION LICENSE (CDDL)
377
378For Covered Software in this distribution, this License shall
379be governed by the laws of the State of California (excluding
380conflict-of-law provisions).
381
382Any litigation relating to this License shall be subject to the
383jurisdiction of the Federal Courts of the Northern District of
384California and the state courts of the State of California, with
385venue lying in Santa Clara County, California.
386