1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1
5 1.1. "Contributor" means each individual or entity that creates or
6 contributes to the creation of Modifications.
8 1.2. "Contributor Version" means the combination of the Original
9 Software, prior Modifications used by a Contributor (if any), and
10 the Modifications made by that particular Contributor.
12 1.3. "Covered Software" means (a) the Original Software, or (b)
13 Modifications, or (c) the combination of files containing Original
14 Software with files containing Modifications, in each case including
17 1.4. "Executable" means the Covered Software in any form other than
20 1.5. "Initial Developer" means the individual or entity that first
21 makes Original Software available under this License.
23 1.6. "Larger Work" means a work which combines Covered Software or
24 portions thereof with code not governed by the terms of this License.
26 1.7. "License" means this document.
28 1.8. "Licensable" means having the right to grant, to the maximum
29 extent possible, whether at the time of the initial grant or
30 subsequently acquired, any and all of the rights conveyed herein.
32 1.9. "Modifications" means the Source Code and Executable form of
35 A. Any file that results from an addition to, deletion from or
36 modification of the contents of a file containing Original Software
37 or previous Modifications;
39 B. Any new file that contains any part of the Original Software or
40 previous Modification; or
42 C. Any new file that is contributed or otherwise made available
43 under the terms of this License.
45 1.10. "Original Software" means the Source Code and Executable form
46 of computer software code that is originally released under this
49 1.11. "Patent Claims" means any patent claim(s), now owned or
50 hereafter acquired, including without limitation, method, process,
51 and apparatus claims, in any patent Licensable by grantor.
53 1.12. "Source Code" means (a) the common form of computer software
54 code in which modifications are made and (b) associated
55 documentation included in or with such code.
57 1.13. "You" (or "Your") means an individual or a legal entity
58 exercising rights under, and complying with all of the terms of,
59 this License. For legal entities, "You" includes any entity which
60 controls, is controlled by, or is under common control with You. For
61 purposes of this definition, "control" means (a) the power, direct
62 or indirect, to cause the direction or management of such entity,
63 whether by contract or otherwise, or (b) ownership of more than
64 fifty percent (50%) of the outstanding shares or beneficial
65 ownership of such entity.
69 2.1. The Initial Developer Grant.
71 Conditioned upon Your compliance with Section 3.1 below and subject
72 to third party intellectual property claims, the Initial Developer
73 hereby grants You a world-wide, royalty-free, non-exclusive license:
75 (a) under intellectual property rights (other than patent or
76 trademark) Licensable by Initial Developer, to use, reproduce,
77 modify, display, perform, sublicense and distribute the Original
78 Software (or portions thereof), with or without Modifications,
79 and/or as part of a Larger Work; and
81 (b) under Patent Claims infringed by the making, using or selling of
82 Original Software, to make, have made, use, practice, sell, and
83 offer for sale, and/or otherwise dispose of the Original Software
84 (or portions thereof).
86 (c) The licenses granted in Sections 2.1(a) and (b) are effective on
87 the date Initial Developer first distributes or otherwise makes the
88 Original Software available to a third party under the terms of this
91 (d) Notwithstanding Section 2.1(b) above, no patent license is
92 granted: (1) for code that You delete from the Original Software, or
93 (2) for infringements caused by: (i) the modification of the
94 Original Software, or (ii) the combination of the Original Software
95 with other software or devices.
97 2.2. Contributor Grant.
99 Conditioned upon Your compliance with Section 3.1 below and subject
100 to third party intellectual property claims, each Contributor hereby
101 grants You a world-wide, royalty-free, non-exclusive license:
103 (a) under intellectual property rights (other than patent or
104 trademark) Licensable by Contributor to use, reproduce, modify,
105 display, perform, sublicense and distribute the Modifications
106 created by such Contributor (or portions thereof), either on an
107 unmodified basis, with other Modifications, as Covered Software
108 and/or as part of a Larger Work; and
110 (b) under Patent Claims infringed by the making, using, or selling
111 of Modifications made by that Contributor either alone and/or in
112 combination with its Contributor Version (or portions of such
113 combination), to make, use, sell, offer for sale, have made, and/or
114 otherwise dispose of: (1) Modifications made by that Contributor (or
115 portions thereof); and (2) the combination of Modifications made by
116 that Contributor with its Contributor Version (or portions of such
119 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective
120 on the date Contributor first distributes or otherwise makes the
121 Modifications available to a third party.
123 (d) Notwithstanding Section 2.2(b) above, no patent license is
124 granted: (1) for any code that Contributor has deleted from the
125 Contributor Version; (2) for infringements caused by: (i) third
126 party modifications of Contributor Version, or (ii) the combination
127 of Modifications made by that Contributor with other software
128 (except as part of the Contributor Version) or other devices; or (3)
129 under Patent Claims infringed by Covered Software in the absence of
130 Modifications made by that Contributor.
132 3. Distribution Obligations.
134 3.1. Availability of Source Code.
136 Any Covered Software that You distribute or otherwise make available
137 in Executable form must also be made available in Source Code form
138 and that Source Code form must be distributed only under the terms
139 of this License. You must include a copy of this License with every
140 copy of the Source Code form of the Covered Software You distribute
141 or otherwise make available. You must inform recipients of any such
142 Covered Software in Executable form as to how they can obtain such
143 Covered Software in Source Code form in a reasonable manner on or
144 through a medium customarily used for software exchange.
148 The Modifications that You create or to which You contribute are
149 governed by the terms of this License. You represent that You
150 believe Your Modifications are Your original creation(s) and/or You
151 have sufficient rights to grant the rights conveyed by this License.
153 3.3. Required Notices.
155 You must include a notice in each of Your Modifications that
156 identifies You as the Contributor of the Modification. You may not
157 remove or alter any copyright, patent or trademark notices contained
158 within the Covered Software, or any notices of licensing or any
159 descriptive text giving attribution to any Contributor or the
162 3.4. Application of Additional Terms.
164 You may not offer or impose any terms on any Covered Software in
165 Source Code form that alters or restricts the applicable version of
166 this License or the recipients' rights hereunder. You may choose to
167 offer, and to charge a fee for, warranty, support, indemnity or
168 liability obligations to one or more recipients of Covered Software.
169 However, you may do so only on Your own behalf, and not on behalf of
170 the Initial Developer or any Contributor. You must make it
171 absolutely clear that any such warranty, support, indemnity or
172 liability obligation is offered by You alone, and You hereby agree
173 to indemnify the Initial Developer and every Contributor for any
174 liability incurred by the Initial Developer or such Contributor as a
175 result of warranty, support, indemnity or liability terms You offer.
177 3.5. Distribution of Executable Versions.
179 You may distribute the Executable form of the Covered Software under
180 the terms of this License or under the terms of a license of Your
181 choice, which may contain terms different from this License,
182 provided that You are in compliance with the terms of this License
183 and that the license for the Executable form does not attempt to
184 limit or alter the recipient's rights in the Source Code form from
185 the rights set forth in this License. If You distribute the Covered
186 Software in Executable form under a different license, You must make
187 it absolutely clear that any terms which differ from this License
188 are offered by You alone, not by the Initial Developer or
189 Contributor. You hereby agree to indemnify the Initial Developer and
190 every Contributor for any liability incurred by the Initial
191 Developer or such Contributor as a result of any such terms You offer.
195 You may create a Larger Work by combining Covered Software with
196 other code not governed by the terms of this License and distribute
197 the Larger Work as a single product. In such a case, You must make
198 sure the requirements of this License are fulfilled for the Covered
201 4. Versions of the License.
205 Oracle is the initial license steward and may publish revised and/or
206 new versions of this License from time to time. Each version will be
207 given a distinguishing version number. Except as provided in Section
208 4.3, no one other than the license steward has the right to modify
211 4.2. Effect of New Versions.
213 You may always continue to use, distribute or otherwise make the
214 Covered Software available under the terms of the version of the
215 License under which You originally received the Covered Software. If
216 the Initial Developer includes a notice in the Original Software
217 prohibiting it from being distributed or otherwise made available
218 under any subsequent version of the License, You must distribute and
219 make the Covered Software available under the terms of the version
220 of the License under which You originally received the Covered
221 Software. Otherwise, You may also choose to use, distribute or
222 otherwise make the Covered Software available under the terms of any
223 subsequent version of the License published by the license steward.
225 4.3. Modified Versions.
227 When You are an Initial Developer and You want to create a new
228 license for Your Original Software, You may create and use a
229 modified version of this License if You: (a) rename the license and
230 remove any references to the name of the license steward (except to
231 note that the license differs from this License); and (b) otherwise
232 make it clear that the license contains terms which differ from this
235 5. DISCLAIMER OF WARRANTY.
237 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
238 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
239 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
240 IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
241 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
242 THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
243 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY
244 OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
245 REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN
246 ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS
247 AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
251 6.1. This License and the rights granted hereunder will terminate
252 automatically if You fail to comply with terms herein and fail to
253 cure such breach within 30 days of becoming aware of the breach.
254 Provisions which, by their nature, must remain in effect beyond the
255 termination of this License shall survive.
257 6.2. If You assert a patent infringement claim (excluding
258 declaratory judgment actions) against Initial Developer or a
259 Contributor (the Initial Developer or Contributor against whom You
260 assert such claim is referred to as "Participant") alleging that the
261 Participant Software (meaning the Contributor Version where the
262 Participant is a Contributor or the Original Software where the
263 Participant is the Initial Developer) directly or indirectly
264 infringes any patent, then any and all rights granted directly or
265 indirectly to You by such Participant, the Initial Developer (if the
266 Initial Developer is not the Participant) and all Contributors under
267 Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice
268 from Participant terminate prospectively and automatically at the
269 expiration of such 60 day notice period, unless if within such 60
270 day period You withdraw Your claim with respect to the Participant
271 Software against such Participant either unilaterally or pursuant to
272 a written agreement with Participant.
274 6.3. If You assert a patent infringement claim against Participant
275 alleging that the Participant Software directly or indirectly
276 infringes any patent where such claim is resolved (such as by
277 license or settlement) prior to the initiation of patent
278 infringement litigation, then the reasonable value of the licenses
279 granted by such Participant under Sections 2.1 or 2.2 shall be taken
280 into account in determining the amount or value of any payment or
283 6.4. In the event of termination under Sections 6.1 or 6.2 above,
284 all end user licenses that have been validly granted by You or any
285 distributor hereunder prior to termination (excluding licenses
286 granted to You by any distributor) shall survive termination.
288 7. LIMITATION OF LIABILITY.
290 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
291 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
292 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
293 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE
294 TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
295 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
296 LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
297 FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
298 LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE
299 POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT
300 APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH
301 PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH
302 LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
303 LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION
304 AND LIMITATION MAY NOT APPLY TO YOU.
306 8. U.S. GOVERNMENT END USERS.
308 The Covered Software is a "commercial item," as that term is defined
309 in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
310 software" (as that term is defined at 48 C.F.R. ยง
311 252.227-7014(a)(1)) and "commercial computer software documentation"
312 as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent
313 with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4
314 (June 1995), all U.S. Government End Users acquire Covered Software
315 with only those rights set forth herein. This U.S. Government Rights
316 clause is in lieu of, and supersedes, any other FAR, DFAR, or other
317 clause or provision that addresses Government rights in computer
318 software under this License.
322 This License represents the complete agreement concerning subject
323 matter hereof. If any provision of this License is held to be
324 unenforceable, such provision shall be reformed only to the extent
325 necessary to make it enforceable. This License shall be governed by
326 the law of the jurisdiction specified in a notice contained within
327 the Original Software (except to the extent applicable law, if any,
328 provides otherwise), excluding such jurisdiction's conflict-of-law
329 provisions. Any litigation relating to this License shall be subject
330 to the jurisdiction of the courts located in the jurisdiction and
331 venue specified in a notice contained within the Original Software,
332 with the losing party responsible for costs, including, without
333 limitation, court costs and reasonable attorneys' fees and expenses.
334 The application of the United Nations Convention on Contracts for
335 the International Sale of Goods is expressly excluded. Any law or
336 regulation which provides that the language of a contract shall be
337 construed against the drafter shall not apply to this License. You
338 agree that You alone are responsible for compliance with the United
339 States export administration regulations (and the export control
340 laws and regulation of any other countries) when You use, distribute
341 or otherwise make available any Covered Software.
343 10. RESPONSIBILITY FOR CLAIMS.
345 As between Initial Developer and the Contributors, each party is
346 responsible for claims and damages arising, directly or indirectly,
347 out of its utilization of rights under this License and You agree to
348 work with Initial Developer and Contributors to distribute such
349 responsibility on an equitable basis. Nothing herein is intended or
350 shall be deemed to constitute any admission of liability.
352 ------------------------------------------------------------------------
354 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION
357 The code released under the CDDL shall be governed by the laws of the
358 State of California (excluding conflict-of-law provisions). Any
359 litigation relating to this License shall be subject to the jurisdiction
360 of the Federal Courts of the Northern District of California and the
361 state courts of the State of California, with venue lying in Santa Clara