1 Valid-License-Identifier: CDDL-1.0
2 SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
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
11 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
16 1.1. "Contributor" means each individual or entity that creates or
17 contributes to the creation of Modifications.
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.
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.
28 1.4. "Executable" means the Covered Software in any form other than
31 1.5. "Initial Developer" means the individual or entity that first
32 makes Original Software available under this License.
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
38 1.7. "License" means this document.
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.
44 1.9. "Modifications" means the Source Code and Executable form of
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;
51 B. Any new file that contains any part of the Original Software
52 or previous Modification; or
54 C. Any new file that is contributed or otherwise made available
55 under the terms of this License.
57 1.10. "Original Software" means the Source Code and Executable form
58 of computer software code that is originally released under
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
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.
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
82 2.1. The Initial Developer Grant.
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
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
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).
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.
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
113 2.2. Contributor Grant.
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
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
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).
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
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.
153 3. Distribution Obligations.
154 3.1. Availability of Source Code.
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
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
175 3.3. Required Notices.
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.
184 3.4. Application of Additional Terms.
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
200 3.5. Distribution of Executable Versions.
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
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
225 4. Versions of the License.
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.
234 4.2. Effect of New Versions.
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.
249 4.3. Modified Versions.
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
259 5. DISCLAIMER OF WARRANTY.
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.
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.
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.
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.
303 7. LIMITATION OF LIABILITY.
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.
320 8. U.S. GOVERNMENT END USERS.
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
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.
357 10. RESPONSIBILITY FOR CLAIMS.
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.