OPENSOLARIS.LICENSE

   1 Unless otherwise noted, all files in this distribution are released
   2 under the Common Development and Distribution License (CDDL).
   3 Exceptions are noted within the associated source files.
   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.