Thomas Gleixner | f1137e9 | 2018-04-25 22:30:24 +0200 | [diff] [blame^] | 1 | Valid-License-Identifier: CDDL-1.0 |
| 2 | SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html |
| 3 | Usage-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 | |
| 9 | License-Text: |
| 10 | |
| 11 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
| 12 | Version 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. |