|author||Pawel Jakub Dawidek <pjd@FreeBSD.org>||2007-09-23 07:04:50 +0000|
|committer||Pawel Jakub Dawidek <pjd@FreeBSD.org>||2007-09-23 07:04:50 +0000|
Now that we have CDDLed code in the tree, add CDDL license.
Discussed with: core Approved by: re (kensmith)
Notes: svn path=/head/; revision=172301
Diffstat (limited to 'cddl/contrib/opensolaris/OPENSOLARIS.LICENSE')
1 files changed, 384 insertions, 0 deletions
diff --git a/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE b/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE
new file mode 100644
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+Unless otherwise noted, all files in this distribution are released
+under the Common Development and Distribution License (CDDL).
+Exceptions are noted within the associated source files.
+COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
+ 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
+ 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
+ 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 Modifications; 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
+ 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
+ (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
+ 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
+ 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.
+ 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.
+NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
+DISTRIBUTION LICENSE (CDDL)
+For Covered Software in this distribution, this License shall
+be governed by the laws of the State of California (excluding
+Any litigation relating to this License shall be subject to the
+jurisdiction of the Federal Courts of the Northern District of
+California and the state courts of the State of California, with
+venue lying in Santa Clara County, California.