- COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
- Version 1.0
+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
+Version 1.0
- * 1. Definitions.
+1. Definitions.
- * 1.1. "Contributor" means each individual or entity that creates
- or contributes to the creation of Modifications.
-
- * 1.2. "Contributor Version" means the combination of the Original
- Software, prior Modifications used by a Contributor (if any), and
- the Modifications made by that particular Contributor.
-
- * 1.3. "Covered Software" means (a) the Original Software, or (b)
- Modifications, or (c) the combination of files containing
- Original Software with files containing Modifications, in each
- case including portions thereof.
-
- * 1.4. "Executable" means the Covered Software in any form other
- than Source Code.
-
- * 1.5. "Initial Developer" means the individual or entity that
- first makes Original Software available under this License.
-
- * 1.6. "Larger Work" means a work which combines Covered Software
- or portions thereof with code not governed by the terms of this
- License.
-
- * 1.7. "License" means this document.
-
- * 1.8. "Licensable" means having the right to grant, to the maximum
- extent possible, whether at the time of the initial grant or
- subsequently acquired, any and all of the rights conveyed herein.
-
- * 1.9. "Modifications" means the Source Code and Executable form of
- any of the following:
-
- * A. Any file that results from an addition to, deletion from
- or modification of the contents of a file containing
- Original Software or previous Modifications;
-
- * B. Any new file that contains any part of the Original
- Software or previous Modification; or
-
- * C. Any new file that is contributed or otherwise made
- available under the terms of this License.
-
- * 1.10. "Original Software" means the Source Code and Executable
- form of computer software code that is originally released under
- this License.
-
- * 1.11. "Patent Claims" means any patent claim(s), now owned or
- hereafter acquired, including without limitation, method,
- process, and apparatus claims, in any patent Licensable by
- grantor.
-
- * 1.12. "Source Code" means (a) the common form of computer
- software code in which modifications are made and (b) associated
- documentation included in or with such code.
-
- * 1.13. "You" (or "Your") means an individual or a legal entity
- exercising rights under, and complying with all of the terms of,
- this License. For legal entities, "You" includes any entity which
- controls, is controlled by, or is under common control with You.
- For purposes of this definition, "control" means (a) the power,
- direct or indirect, to cause the direction or management of such
- entity, whether by contract or otherwise, or (b) ownership of
- more than fifty percent (50%) of the outstanding shares or
- beneficial ownership of such entity.
-
- * 2. License Grants.
-
- * 2.1. The Initial Developer Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, the Initial
- Developer hereby grants You a world-wide, royalty-free,
- non-exclusive license:
-
- * (a) under intellectual property rights (other than patent or
- trademark) Licensable by Initial Developer, to use,
- reproduce, modify, display, perform, sublicense and
- distribute the Original Software (or portions thereof), with
- or without Modifications, and/or as part of a Larger Work;
- and
-
- * (b) under Patent Claims infringed by the making, using or
- selling of Original Software, to make, have made, use,
- practice, sell, and offer for sale, and/or otherwise dispose
- of the Original Software (or portions thereof).
-
- * (c) The licenses granted in Sections 2.1(a) and (b) are
- effective on the date Initial Developer first distributes or
- otherwise makes the Original Software available to a third
- party under the terms of this License.
-
- * (d) Notwithstanding Section 2.1(b) above, no patent license
- is granted: (1) for code that You delete from the Original
- Software, or (2) for infringements caused by: (i) the
- modification of the Original Software, or (ii) the
- combination of the Original Software with other software or
- devices.
-
- * 2.2. Contributor Grant.
-
- Conditioned upon Your compliance with Section 3.1 below and
- subject to third party intellectual property claims, each
- Contributor hereby grants You a world-wide, royalty-free,
- non-exclusive license:
-
- * (a) under intellectual property rights (other than patent or
- trademark) Licensable by Contributor to use, reproduce,
- modify, display, perform, sublicense and distribute the
- Modifications created by such Contributor (or portions
- thereof), either on an unmodified basis, with other
- Modifications, as Covered Software and/or as part of a
- Larger Work; and
-
- * (b) under Patent Claims infringed by the making, using, or
- selling of Modifications made by that Contributor either
- alone and/or in combination with its Contributor Version (or
- portions of such combination), to make, use, sell, offer for
- sale, have made, and/or otherwise dispose of:
- (1) Modifications made by that Contributor (or portions
- thereof); and (2) the combination of Modifications made by
- that Contributor with its Contributor Version (or portions
- of such combination).
-
- * (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
- effective on the date Contributor first distributes or
- otherwise makes the Modifications available to a third
- party.
-
- * (d) Notwithstanding Section 2.2(b) above, no patent license
- is granted: (1) for any code that Contributor has deleted
- from the Contributor Version; (2) for infringements caused
- by: (i) third party modifications of Contributor Version, or
- (ii) the combination of Modifications made by that
- Contributor with other software (except as part of the
- Contributor Version) or other devices; or (3) under Patent
- Claims infringed by Covered Software in the absence of
- Modifications made by that Contributor.
-
- * 3. Distribution Obligations.
-
- * 3.1. Availability of Source Code.
-
- Any Covered Software that You distribute or otherwise make
- available in Executable form must also be made available in
- Source Code form and that Source Code form must be distributed
- only under the terms of this License. You must include a copy of
- this License with every copy of the Source Code form of the
- Covered Software You distribute or otherwise make available. You
- must inform recipients of any such Covered Software in Executable
- form as to how they can obtain such Covered Software in Source
- Code form in a reasonable manner on or through a medium
- customarily used for software exchange.
-
- * 3.2. Modifications.
-
- The Modifications that You create or to which You contribute are
- governed by the terms of this License. You represent that You
- believe Your Modifications are Your original creation(s) and/or
- You have sufficient rights to grant the rights conveyed by this
- License.
-
- * 3.3. Required Notices.
-
- You must include a notice in each of Your Modifications that
- identifies You as the Contributor of the Modification. You may
- not remove or alter any copyright, patent or trademark notices
- contained within the Covered Software, or any notices of
- licensing or any descriptive text giving attribution to any
- Contributor or the Initial Developer.
-
- * 3.4. Application of Additional Terms.
-
- You may not offer or impose any terms on any Covered Software in
- Source Code form that alters or restricts the applicable version
- of this License or the recipients' rights hereunder. You may
- choose to offer, and to charge a fee for, warranty, support,
- indemnity or liability obligations to one or more recipients of
- Covered Software. However, you may do so only on Your own behalf,
- and not on behalf of the Initial Developer or any Contributor.
- You must make it absolutely clear that any such warranty,
- support, indemnity or liability obligation is offered by You
- alone, and You hereby agree to indemnify the Initial Developer
- and every Contributor for any liability incurred by the Initial
- Developer or such Contributor as a result of warranty, support,
- indemnity or liability terms You offer.
-
- * 3.5. Distribution of Executable Versions.
-
- You may distribute the Executable form of the Covered Software
- under the terms of this License or under the terms of a license
- of Your choice, which may contain terms different from this
- License, provided that You are in compliance with the terms of
- this License and that the license for the Executable form does
- not attempt to limit or alter the recipient's rights in the
- Source Code form from the rights set forth in this License. If
- You distribute the Covered Software in Executable form under a
- different license, You must make it absolutely clear that any
- terms which differ from this License are offered by You alone,
- not by the Initial Developer or Contributor. You hereby agree to
- indemnify the Initial Developer and every Contributor for any
- liability incurred by the Initial Developer or such Contributor
- as a result of any such terms You offer.
-
- * 3.6. Larger Works.
-
- You may create a Larger Work by combining Covered Software with
- other code not governed by the terms of this License and
- distribute the Larger Work as a single product. In such a case,
- You must make sure the requirements of this License are fulfilled
- for the Covered Software.
-
- * 4. Versions of the License.
-
- * 4.1. New Versions.
-
- Sun Microsystems, Inc. is the initial license steward and may
- publish revised and/or new versions of this License from time to
- time. Each version will be given a distinguishing version number.
- Except as provided in Section 4.3, no one other than the license
- steward has the right to modify this License.
-
- * 4.2. Effect of New Versions.
-
- You may always continue to use, distribute or otherwise make the
- Covered Software available under the terms of the version of the
- License under which You originally received the Covered Software.
- If the Initial Developer includes a notice in the Original
- Software prohibiting it from being distributed or otherwise made
- available under any subsequent version of the License, You must
- distribute and make the Covered Software available under the
- terms of the version of the License under which You originally
- received the Covered Software. Otherwise, You may also choose to
- use, distribute or otherwise make the Covered Software available
- under the terms of any subsequent version of the License
- published by the license steward.
-
- * 4.3. Modified Versions.
-
- When You are an Initial Developer and You want to create a new
- license for Your Original Software, You may create and use a
- modified version of this License if You: (a) rename the license
- and remove any references to the name of the license steward
- (except to note that the license differs from this License); and
- (b) otherwise make it clear that the license contains terms which
- differ from this License.
-
- * 5. DISCLAIMER OF WARRANTY.
-
- COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
- WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
- WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
- DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
- THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
- SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
- ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
- ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
- DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
- NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
- THIS DISCLAIMER.
-
- * 6. TERMINATION.
-
- * 6.1. This License and the rights granted hereunder will terminate
- automatically if You fail to comply with terms herein and fail to
- cure such breach within 30 days of becoming aware of the breach.
- Provisions which, by their nature, must remain in effect beyond
- the termination of this License shall survive.
-
- * 6.2. If You assert a patent infringement claim (excluding
- declaratory judgment actions) against Initial Developer or a
- Contributor (the Initial Developer or Contributor against whom
- You assert such claim is referred to as "Participant") alleging
- that the Participant Software (meaning the Contributor Version
- where the Participant is a Contributor or the Original Software
- where the Participant is the Initial Developer) directly or
- indirectly infringes any patent, then any and all rights granted
- directly or indirectly to You by such Participant, the Initial
- Developer (if the Initial Developer is not the Participant) and
- all Contributors under Sections 2.1 and/or 2.2 of this License
- shall, upon 60 days notice from Participant terminate
- prospectively and automatically at the expiration of such 60 day
- notice period, unless if within such 60 day period You withdraw
- Your claim with respect to the Participant Software against such
- Participant either unilaterally or pursuant to a written
- agreement with Participant.
-
- * 6.3. In the event of termination under Sections 6.1 or 6.2 above,
- all end user licenses that have been validly granted by You or
- any distributor hereunder prior to termination (excluding
- licenses granted to You by any distributor) shall survive
- termination.
-
- * 7. LIMITATION OF LIABILITY.
-
- UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
- (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
- DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
- SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
- PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
- PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
- MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
- IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
- DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
- DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
- EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
- NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
- DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
-
- * 8. U.S. GOVERNMENT END USERS.
-
- The Covered Software is a "commercial item," as that term is defined
- in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
- software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1))
- and "commercial computer software documentation" as such terms are
- used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
- 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
- U.S. Government End Users acquire Covered Software with only those
- rights set forth herein. This U.S. Government Rights clause is in lieu
- of, and supersedes, any other FAR, DFAR, or other clause or provision
- that addresses Government rights in computer software under this
- License.
-
- * 9. MISCELLANEOUS.
-
- This License represents the complete agreement concerning subject
- matter hereof. If any provision of this License is held to be
- unenforceable, such provision shall be reformed only to the extent
- necessary to make it enforceable. This License shall be governed by
- the law of the jurisdiction specified in a notice contained within the
- Original Software (except to the extent applicable law, if any,
- provides otherwise), excluding such jurisdiction's conflict-of-law
- provisions. Any litigation relating to this License shall be subject
- to the jurisdiction of the courts located in the jurisdiction and
- venue specified in a notice contained within the Original Software,
- with the losing party responsible for costs, including, without
- limitation, court costs and reasonable attorneys' fees and expenses.
- The application of the United Nations Convention on Contracts for the
- International Sale of Goods is expressly excluded. Any law or
- regulation which provides that the language of a contract shall be
- construed against the drafter shall not apply to this License. You
- agree that You alone are responsible for compliance with the United
- States export administration regulations (and the export control laws
- and regulation of any other countries) when You use, distribute or
- otherwise make available any Covered Software.
-
- * 10. RESPONSIBILITY FOR CLAIMS.
-
- As between Initial Developer and the Contributors, each party is
- responsible for claims and damages arising, directly or indirectly,
- out of its utilization of rights under this License and You agree to
- work with Initial Developer and Contributors to distribute such
- responsibility on an equitable basis. Nothing herein is intended or
- shall be deemed to constitute any admission of liability.
+ 1.1. "Contributor" means each individual or entity that creates
+ or contributes to the creation of Modifications.
+
+ 1.2. "Contributor Version" means the combination of the Original
+ Software, prior Modifications used by a Contributor (if any), and
+ the Modifications made by that particular Contributor.
+
+ 1.3. "Covered Software" means (a) the Original Software, or
+ (b) Modifications, or (c) the combination of files containing
+ Original Software with files containing Modifications, in each
+ case including portions thereof.
+
+ 1.4. "Executable" means the Covered Software in any form other
+ than Source Code.
+
+ 1.5. "Initial Developer" means the individual or entity that
+ first makes Original Software available under this License.
+
+ 1.6. "Larger Work" means a work which combines Covered Software
+ or portions thereof with code not governed by the terms of this
+ License.
+
+ 1.7. "License" means this document.
+
+ 1.8. "Licensable" means having the right to grant, to the maximum
+ extent possible, whether at the time of the initial grant or
+ subsequently acquired, any and all of the rights conveyed herein.
+
+ 1.9. "Modifications" means the Source Code and Executable form of
+ any of the following:
+
+ A. Any file that results from an addition to, deletion from
+ or modification of the contents of a file containing
+ Original Software or previous Modifications;
+
+ B. Any new file that contains any part of the Original
+ Software or previous Modification; or
+
+ C. Any new file that is contributed or otherwise made
+ available under the terms of this License.
+
+ 1.10. "Original Software" means the Source Code and Executable
+ form of computer software code that is originally released under
+ this License.
+
+ 1.11. "Patent Claims" means any patent claim(s), now owned or
+ hereafter acquired, including without limitation, method,
+ process, and apparatus claims, in any patent Licensable by
+ grantor.
+
+ 1.12. "Source Code" means (a) the common form of computer
+ software code in which modifications are made and (b) associated
+ documentation included in or with such code.
+
+ 1.13. "You" (or "Your") means an individual or a legal entity
+ exercising rights under, and complying with all of the terms of,
+ this License. For legal entities, "You" includes any entity which
+ controls, is controlled by, or is under common control with You.
+ For purposes of this definition, "control" means (a) the power,
+ direct or indirect, to cause the direction or management of such
+ entity, whether by contract or otherwise, or (b) ownership of
+ more than fifty percent (50%) of the outstanding shares or
+ beneficial ownership of such entity.
+
+2. License Grants.
+
+ 2.1. The Initial Developer Grant.
+
+ Conditioned upon Your compliance with Section 3.1 below and
+ subject to third party intellectual property claims, the Initial
+ Developer hereby grants You a world-wide, royalty-free,
+ non-exclusive license:
+
+ (a) under intellectual property rights (other than patent or
+ trademark) Licensable by Initial Developer, to use,
+ reproduce, modify, display, perform, sublicense and
+ distribute the Original Software (or portions thereof), with
+ or without Modifications, and/or as part of a Larger Work;
+ and
+
+ (b) under Patent Claims infringed by the making, using or
+ selling of Original Software, to make, have made, use,
+ practice, sell, and offer for sale, and/or otherwise dispose
+ of the Original Software (or portions thereof).
+
+ (c) The licenses granted in Sections 2.1(a) and (b) are
+ effective on the date Initial Developer first distributes or
+ otherwise makes the Original Software available to a third
+ party under the terms of this License.
+
+ (d) Notwithstanding Section 2.1(b) above, no patent license
+ is granted: (1) for code that You delete from the Original
+ Software, or (2) for infringements caused by: (i) the
+ modification of the Original Software, or (ii) the
+ combination of the Original Software with other software or
+ devices.
+
+ 2.2. Contributor Grant.
+
+ Conditioned upon Your compliance with Section 3.1 below and
+ subject to third party intellectual property claims, each
+ Contributor hereby grants You a world-wide, royalty-free,
+ non-exclusive license:
+
+ (a) under intellectual property rights (other than patent or
+ trademark) Licensable by Contributor to use, reproduce,
+ modify, display, perform, sublicense and distribute the
+ Modifications created by such Contributor (or portions
+ thereof), either on an unmodified basis, with other
+ Modifications, as Covered Software and/or as part of a
+ Larger Work; and
+
+ (b) under Patent Claims infringed by the making, using, or
+ selling of Modifications made by that Contributor either
+ alone and/or in combination with its Contributor Version (or
+ portions of such combination), to make, use, sell, offer for
+ sale, have made, and/or otherwise dispose of:
+ (1) Modifications made by that Contributor (or portions
+ thereof); and (2) the combination of Modifications made by
+ that Contributor with its Contributor Version (or portions
+ of such combination).
+
+ (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
+ effective on the date Contributor first distributes or
+ otherwise makes the Modifications available to a third
+ party.
+
+ (d) Notwithstanding Section 2.2(b) above, no patent license
+ is granted: (1) for any code that Contributor has deleted
+ from the Contributor Version; (2) for infringements caused
+ by: (i) third party modifications of Contributor Version, or
+ (ii) the combination of Modifications made by that
+ Contributor with other software (except as part of the
+ Contributor Version) or other devices; or (3) under Patent
+ Claims infringed by Covered Software in the absence of
+ Modifications made by that Contributor.
+
+3. Distribution Obligations.
+
+ 3.1. Availability of Source Code.
+
+ Any Covered Software that You distribute or otherwise make
+ available in Executable form must also be made available in
+ Source Code form and that Source Code form must be distributed
+ only under the terms of this License. You must include a copy of
+ this License with every copy of the Source Code form of the
+ Covered Software You distribute or otherwise make available. You
+ must inform recipients of any such Covered Software in Executable
+ form as to how they can obtain such Covered Software in Source
+ Code form in a reasonable manner on or through a medium
+ customarily used for software exchange.
+
+ 3.2. Modifications.
+
+ The Modifications that You create or to which You contribute are
+ governed by the terms of this License. You represent that You
+ believe Your Modifications are Your original creation(s) and/or
+ You have sufficient rights to grant the rights conveyed by this
+ License.
+
+ 3.3. Required Notices.
+
+ You must include a notice in each of Your Modifications that
+ identifies You as the Contributor of the Modification. You may
+ not remove or alter any copyright, patent or trademark notices
+ contained within the Covered Software, or any notices of
+ licensing or any descriptive text giving attribution to any
+ Contributor or the Initial Developer.
+
+ 3.4. Application of Additional Terms.
+
+ You may not offer or impose any terms on any Covered Software in
+ Source Code form that alters or restricts the applicable version
+ of this License or the recipients' rights hereunder. You may
+ choose to offer, and to charge a fee for, warranty, support,
+ indemnity or liability obligations to one or more recipients of
+ Covered Software. However, you may do so only on Your own behalf,
+ and not on behalf of the Initial Developer or any Contributor.
+ You must make it absolutely clear that any such warranty,
+ support, indemnity or liability obligation is offered by You
+ alone, and You hereby agree to indemnify the Initial Developer
+ and every Contributor for any liability incurred by the Initial
+ Developer or such Contributor as a result of warranty, support,
+ indemnity or liability terms You offer.
+
+ 3.5. Distribution of Executable Versions.
+
+ You may distribute the Executable form of the Covered Software
+ under the terms of this License or under the terms of a license
+ of Your choice, which may contain terms different from this
+ License, provided that You are in compliance with the terms of
+ this License and that the license for the Executable form does
+ not attempt to limit or alter the recipient's rights in the
+ Source Code form from the rights set forth in this License. If
+ You distribute the Covered Software in Executable form under a
+ different license, You must make it absolutely clear that any
+ terms which differ from this License are offered by You alone,
+ not by the Initial Developer or Contributor. You hereby agree to
+ indemnify the Initial Developer and every Contributor for any
+ liability incurred by the Initial Developer or such Contributor
+ as a result of any such terms You offer.
+
+ 3.6. Larger Works.
+
+ You may create a Larger Work by combining Covered Software with
+ other code not governed by the terms of this License and
+ distribute the Larger Work as a single product. In such a case,
+ You must make sure the requirements of this License are fulfilled
+ for the Covered Software.
+
+4. Versions of the License.
+
+ 4.1. New Versions.
+
+ Sun Microsystems, Inc. is the initial license steward and may
+ publish revised and/or new versions of this License from time to
+ time. Each version will be given a distinguishing version number.
+ Except as provided in Section 4.3, no one other than the license
+ steward has the right to modify this License.
+
+ 4.2. Effect of New Versions.
+
+ You may always continue to use, distribute or otherwise make the
+ Covered Software available under the terms of the version of the
+ License under which You originally received the Covered Software.
+ If the Initial Developer includes a notice in the Original
+ Software prohibiting it from being distributed or otherwise made
+ available under any subsequent version of the License, You must
+ distribute and make the Covered Software available under the
+ terms of the version of the License under which You originally
+ received the Covered Software. Otherwise, You may also choose to
+ use, distribute or otherwise make the Covered Software available
+ under the terms of any subsequent version of the License
+ published by the license steward.
+
+ 4.3. Modified Versions.
+
+ When You are an Initial Developer and You want to create a new
+ license for Your Original Software, You may create and use a
+ modified version of this License if You: (a) rename the license
+ and remove any references to the name of the license steward
+ (except to note that the license differs from this License); and
+ (b) otherwise make it clear that the license contains terms which
+ differ from this License.
+
+5. DISCLAIMER OF WARRANTY.
+
+COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
+WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
+WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
+DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
+THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
+SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
+ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
+ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
+DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
+NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
+THIS DISCLAIMER.
+
+6. TERMINATION.
+
+ 6.1. This License and the rights granted hereunder will terminate
+ automatically if You fail to comply with terms herein and fail to
+ cure such breach within 30 days of becoming aware of the breach.
+ Provisions which, by their nature, must remain in effect beyond
+ the termination of this License shall survive.
+
+ 6.2. If You assert a patent infringement claim (excluding
+ declaratory judgment actions) against Initial Developer or a
+ Contributor (the Initial Developer or Contributor against whom
+ You assert such claim is referred to as "Participant") alleging
+ that the Participant Software (meaning the Contributor Version
+ where the Participant is a Contributor or the Original Software
+ where the Participant is the Initial Developer) directly or
+ indirectly infringes any patent, then any and all rights granted
+ directly or indirectly to You by such Participant, the Initial
+ Developer (if the Initial Developer is not the Participant) and
+ all Contributors under Sections 2.1 and/or 2.2 of this License
+ shall, upon 60 days notice from Participant terminate
+ prospectively and automatically at the expiration of such 60 day
+ notice period, unless if within such 60 day period You withdraw
+ Your claim with respect to the Participant Software against such
+ Participant either unilaterally or pursuant to a written
+ agreement with Participant.
+
+ 6.3. In the event of termination under Sections 6.1 or 6.2 above,
+ all end user licenses that have been validly granted by You or
+ any distributor hereunder prior to termination (excluding
+ licenses granted to You by any distributor) shall survive
+ termination.
+
+7. LIMITATION OF LIABILITY.
+
+UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
+(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
+DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
+SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
+PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
+OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
+PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
+MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
+IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
+DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
+DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
+EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
+NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
+DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
+
+8. U.S. GOVERNMENT END USERS.
+
+The Covered Software is a "commercial item," as that term is defined
+in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
+software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
+and "commercial computer software documentation" as such terms are
+used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
+12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
+U.S. Government End Users acquire Covered Software with only those
+rights set forth herein. This U.S. Government Rights clause is in lieu
+of, and supersedes, any other FAR, DFAR, or other clause or provision
+that addresses Government rights in computer software under this
+License.
+
+9. MISCELLANEOUS.
+
+This License represents the complete agreement concerning subject
+matter hereof. If any provision of this License is held to be
+unenforceable, such provision shall be reformed only to the extent
+necessary to make it enforceable. This License shall be governed by
+the law of the jurisdiction specified in a notice contained within the
+Original Software (except to the extent applicable law, if any,
+provides otherwise), excluding such jurisdiction's conflict-of-law
+provisions. Any litigation relating to this License shall be subject
+to the jurisdiction of the courts located in the jurisdiction and
+venue specified in a notice contained within the Original Software,
+with the losing party responsible for costs, including, without
+limitation, court costs and reasonable attorneys' fees and expenses.
+The application of the United Nations Convention on Contracts for the
+International Sale of Goods is expressly excluded. Any law or
+regulation which provides that the language of a contract shall be
+construed against the drafter shall not apply to this License. You
+agree that You alone are responsible for compliance with the United
+States export administration regulations (and the export control laws
+and regulation of any other countries) when You use, distribute or
+otherwise make available any Covered Software.
+
+10. RESPONSIBILITY FOR CLAIMS.
+
+As between Initial Developer and the Contributors, each party is
+responsible for claims and damages arising, directly or indirectly,
+out of its utilization of rights under this License and You agree to
+work with Initial Developer and Contributors to distribute such
+responsibility on an equitable basis. Nothing herein is intended or
+shall be deemed to constitute any admission of liability.
projects / gentoo.git / commitdiff