1 Valid-License-Identifier: CDDL-1.0
2 SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
4 Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for
5 dual-licensed files where the other license is GPL2 compatible.
6 If you end up using this it MUST be used together with a GPL2 compatible
8 To use the Common Development and Distribution License 1.0 put the
9 following SPDX tag/value pair into a comment according to the placement
10 guidelines in the licensing rules documentation:
11 SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
15 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
20 1.1. "Contributor" means each individual or entity that creates or
21 contributes to the creation of Modifications.
23 1.2. "Contributor Version" means the combination of the Original
24 Software, prior Modifications used by a Contributor (if any),
25 and the Modifications made by that particular Contributor.
27 1.3. "Covered Software" means (a) the Original Software, or (b)
28 Modifications, or (c) the combination of files containing
29 Original Software with files containing Modifications, in each
30 case including portions thereof.
32 1.4. "Executable" means the Covered Software in any form other than
35 1.5. "Initial Developer" means the individual or entity that first
36 makes Original Software available under this License.
38 1.6. "Larger Work" means a work which combines Covered Software or
39 portions thereof with code not governed by the terms of this
42 1.7. "License" means this document.
44 1.8. "Licensable" means having the right to grant, to the maximum
45 extent possible, whether at the time of the initial grant or
46 subsequently acquired, any and all of the rights conveyed herein.
48 1.9. "Modifications" means the Source Code and Executable form of
51 A. Any file that results from an addition to, deletion from or
52 modification of the contents of a file containing Original
53 Software or previous Modifications;
55 B. Any new file that contains any part of the Original Software
56 or previous Modification; or
58 C. Any new file that is contributed or otherwise made available
59 under the terms of this License.
61 1.10. "Original Software" means the Source Code and Executable form
62 of computer software code that is originally released under
65 1.11. "Patent Claims" means any patent claim(s), now owned or
66 hereafter acquired, including without limitation, method,
67 process, and apparatus claims, in any patent Licensable by
70 1.12. "Source Code" means (a) the common form of computer software
71 code in which modifications are made and (b) associated
72 documentation included in or with such code.
74 1.13. "You" (or "Your") means an individual or a legal entity
75 exercising rights under, and complying with all of the terms
76 of, this License. For legal entities, "You" includes any
77 entity which controls, is controlled by, or is under common
78 control with You. For purposes of this definition, "control"
79 means (a) the power, direct or indirect, to cause the
80 direction or management of such entity, whether by contract
81 or otherwise, or (b) ownership of more than fifty percent
82 (50%) of the outstanding shares or beneficial ownership of
86 2.1. The Initial Developer Grant.
88 Conditioned upon Your compliance with Section 3.1 below and subject
89 to third party intellectual property claims, the Initial Developer
90 hereby grants You a world-wide, royalty-free, non-exclusive
93 (a) under intellectual property rights (other than patent or
94 trademark) Licensable by Initial Developer, to use,
95 reproduce, modify, display, perform, sublicense and
96 distribute the Original Software (or portions thereof),
97 with or without Modifications, and/or as part of a Larger
100 (b) under Patent Claims infringed by the making, using or
101 selling of Original Software, to make, have made, use,
102 practice, sell, and offer for sale, and/or otherwise
103 dispose of the Original Software (or portions thereof).
105 (c) The licenses granted in Sections 2.1(a) and (b) are
106 effective on the date Initial Developer first distributes
107 or otherwise makes the Original Software available to a
108 third party under the terms of this License.
110 (d) Notwithstanding Section 2.1(b) above, no patent license is
111 granted: (1) for code that You delete from the Original
112 Software, or (2) for infringements caused by: (i) the
113 modification of the Original Software, or (ii) the
114 combination of the Original Software with other software or
117 2.2. Contributor Grant.
119 Conditioned upon Your compliance with Section 3.1 below and subject
120 to third party intellectual property claims, each Contributor
121 hereby grants You a world-wide, royalty-free, non-exclusive
124 (a) under intellectual property rights (other than patent or
125 trademark) Licensable by Contributor to use, reproduce,
126 modify, display, perform, sublicense and distribute the
127 Modifications created by such Contributor (or portions
128 thereof), either on an unmodified basis, with other
129 Modifications, as Covered Software and/or as part of a
132 (b) under Patent Claims infringed by the making, using, or
133 selling of Modifications made by that Contributor either
134 alone and/or in combination with its Contributor Version
135 (or portions of such combination), to make, use, sell,
136 offer for sale, have made, and/or otherwise dispose of: (1)
137 Modifications made by that Contributor (or portions
138 thereof); and (2) the combination of Modifications made by
139 that Contributor with its Contributor Version (or portions
140 of such combination).
142 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
143 effective on the date Contributor first distributes or
144 otherwise makes the Modifications available to a third
147 (d) Notwithstanding Section 2.2(b) above, no patent license is
148 granted: (1) for any code that Contributor has deleted from
149 the Contributor Version; (2) for infringements caused by:
150 (i) third party modifications of Contributor Version, or
151 (ii) the combination of Modifications made by that
152 Contributor with other software (except as part of the
153 Contributor Version) or other devices; or (3) under Patent
154 Claims infringed by Covered Software in the absence of
155 Modifications made by that Contributor.
157 3. Distribution Obligations.
158 3.1. Availability of Source Code.
160 Any Covered Software that You distribute or otherwise make
161 available in Executable form must also be made available in Source
162 Code form and that Source Code form must be distributed only under
163 the terms of this License. You must include a copy of this License
164 with every copy of the Source Code form of the Covered Software You
165 distribute or otherwise make available. You must inform recipients
166 of any such Covered Software in Executable form as to how they can
167 obtain such Covered Software in Source Code form in a reasonable
168 manner on or through a medium customarily used for software
173 The Modifications that You create or to which You contribute are
174 governed by the terms of this License. You represent that You
175 believe Your Modifications are Your original creation(s) and/or You
176 have sufficient rights to grant the rights conveyed by this
179 3.3. Required Notices.
181 You must include a notice in each of Your Modifications that
182 identifies You as the Contributor of the Modification. You may not
183 remove or alter any copyright, patent or trademark notices
184 contained within the Covered Software, or any notices of licensing
185 or any descriptive text giving attribution to any Contributor or
186 the Initial Developer.
188 3.4. Application of Additional Terms.
190 You may not offer or impose any terms on any Covered Software in
191 Source Code form that alters or restricts the applicable version of
192 this License or the recipients' rights hereunder. You may choose to
193 offer, and to charge a fee for, warranty, support, indemnity or
194 liability obligations to one or more recipients of Covered
195 Software. However, you may do so only on Your own behalf, and not
196 on behalf of the Initial Developer or any Contributor. You must
197 make it absolutely clear that any such warranty, support, indemnity
198 or liability obligation is offered by You alone, and You hereby
199 agree to indemnify the Initial Developer and every Contributor for
200 any liability incurred by the Initial Developer or such Contributor
201 as a result of warranty, support, indemnity or liability terms You
204 3.5. Distribution of Executable Versions.
206 You may distribute the Executable form of the Covered Software
207 under the terms of this License or under the terms of a license of
208 Your choice, which may contain terms different from this License,
209 provided that You are in compliance with the terms of this License
210 and that the license for the Executable form does not attempt to
211 limit or alter the recipient's rights in the Source Code form from
212 the rights set forth in this License. If You distribute the Covered
213 Software in Executable form under a different license, You must
214 make it absolutely clear that any terms which differ from this
215 License are offered by You alone, not by the Initial Developer or
216 Contributor. You hereby agree to indemnify the Initial Developer
217 and every Contributor for any liability incurred by the Initial
218 Developer or such Contributor as a result of any such terms You
223 You may create a Larger Work by combining Covered Software with
224 other code not governed by the terms of this License and distribute
225 the Larger Work as a single product. In such a case, You must make
226 sure the requirements of this License are fulfilled for the Covered
229 4. Versions of the License.
232 Sun Microsystems, Inc. is the initial license steward and may
233 publish revised and/or new versions of this License from time to
234 time. Each version will be given a distinguishing version
235 number. Except as provided in Section 4.3, no one other than the
236 license steward has the right to modify this License.
238 4.2. Effect of New Versions.
240 You may always continue to use, distribute or otherwise make the
241 Covered Software available under the terms of the version of the
242 License under which You originally received the Covered
243 Software. If the Initial Developer includes a notice in the
244 Original Software prohibiting it from being distributed or
245 otherwise made available under any subsequent version of the
246 License, You must distribute and make the Covered Software
247 available under the terms of the version of the License under which
248 You originally received the Covered Software. Otherwise, You may
249 also choose to use, distribute or otherwise make the Covered
250 Software available under the terms of any subsequent version of the
251 License published by the license steward.
253 4.3. Modified Versions.
255 When You are an Initial Developer and You want to create a new
256 license for Your Original Software, You may create and use a
257 modified version of this License if You: (a) rename the license and
258 remove any references to the name of the license steward (except to
259 note that the license differs from this License); and (b) otherwise
260 make it clear that the license contains terms which differ from
263 5. DISCLAIMER OF WARRANTY.
265 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
266 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
267 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
268 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
269 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
270 THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
271 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
272 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
273 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
274 OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
275 EXCEPT UNDER THIS DISCLAIMER.
279 6.1. This License and the rights granted hereunder will terminate
280 automatically if You fail to comply with terms herein and fail to
281 cure such breach within 30 days of becoming aware of the
282 breach. Provisions which, by their nature, must remain in effect
283 beyond the termination of this License shall survive.
285 6.2. If You assert a patent infringement claim (excluding
286 declaratory judgment actions) against Initial Developer or a
287 Contributor (the Initial Developer or Contributor against whom You
288 assert such claim is referred to as "Participant") alleging that
289 the Participant Software (meaning the Contributor Version where the
290 Participant is a Contributor or the Original Software where the
291 Participant is the Initial Developer) directly or indirectly
292 infringes any patent, then any and all rights granted directly or
293 indirectly to You by such Participant, the Initial Developer (if
294 the Initial Developer is not the Participant) and all Contributors
295 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
296 notice from Participant terminate prospectively and automatically
297 at the expiration of such 60 day notice period, unless if within
298 such 60 day period You withdraw Your claim with respect to the
299 Participant Software against such Participant either unilaterally
300 or pursuant to a written agreement with Participant.
302 6.3. In the event of termination under Sections 6.1 or 6.2 above,
303 all end user licenses that have been validly granted by You or any
304 distributor hereunder prior to termination (excluding licenses
305 granted to You by any distributor) shall survive termination.
307 7. LIMITATION OF LIABILITY.
309 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
310 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
311 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
312 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
313 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
314 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
315 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
316 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
317 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
318 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
319 DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
320 EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
321 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
322 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
324 8. U.S. GOVERNMENT END USERS.
326 The Covered Software is a "commercial item," as that term is defined in
327 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
328 software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
329 and "commercial computer software documentation" as such terms are used
330 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
331 48 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 lieu
334 of, and supersedes, any other FAR, DFAR, or other clause or provision
335 that addresses Government rights in computer software under this
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 by the
344 law of the jurisdiction specified in a notice contained within the
345 Original Software (except to the extent applicable law, if any,
346 provides otherwise), excluding such jurisdiction's conflict-of-law
347 provisions. Any litigation relating to this License shall be subject to
348 the jurisdiction of the courts located in the jurisdiction and venue
349 specified in a notice contained within the Original Software, with the
350 losing party responsible for costs, including, without limitation,
351 court costs and reasonable attorneys' fees and expenses. The
352 application of the United Nations Convention on Contracts for the
353 International Sale of Goods is expressly excluded. Any law or
354 regulation which provides that the language of a contract shall be
355 construed against the drafter shall not apply to this License. You
356 agree that You alone are responsible for compliance with the United
357 States export administration regulations (and the export control laws
358 and regulation of any other countries) when You use, distribute or
359 otherwise make available any Covered Software.
361 10. RESPONSIBILITY FOR CLAIMS.
363 As between Initial Developer and the Contributors, each party is
364 responsible for claims and damages arising, directly or indirectly, out
365 of its utilization of rights under this License and You agree to work
366 with Initial Developer and Contributors to distribute such
367 responsibility on an equitable basis. Nothing herein is intended or
368 shall be deemed to constitute any admission of liability.