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diff --git a/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE b/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE new file mode 100644 index 000000000000..da23621dc843 --- /dev/null +++ b/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE @@ -0,0 +1,384 @@ +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. 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 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 + 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. + +-------------------------------------------------------------------- + +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 +conflict-of-law provisions). + +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. |