xref: /illumos-gate/usr/src/OPENSOLARIS.LICENSE (revision cbf5bfd0)
1Unless otherwise noted, all files in this distribution are released
2under the Common Development and Distribution License (CDDL).
3Exceptions are noted within the associated source files.
4
5--------------------------------------------------------------------
6
7
8COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
9
101. Definitions.
11
12    1.1. "Contributor" means each individual or entity that creates
13         or contributes to the creation of Modifications.
14
15    1.2. "Contributor Version" means the combination of the Original
16         Software, prior Modifications used by a Contributor (if any),
17         and the Modifications made by that particular Contributor.
18
19    1.3. "Covered Software" means (a) the Original Software, or (b)
20         Modifications, or (c) the combination of files containing
21         Original Software with files containing Modifications, in
22         each case including portions thereof.
23
24    1.4. "Executable" means the Covered Software in any form other
25         than Source Code.
26
27    1.5. "Initial Developer" means the individual or entity that first
28         makes Original Software available under this License.
29
30    1.6. "Larger Work" means a work which combines Covered Software or
31         portions thereof with code not governed by the terms of this
32         License.
33
34    1.7. "License" means this document.
35
36    1.8. "Licensable" means having the right to grant, to the maximum
37         extent possible, whether at the time of the initial grant or
38         subsequently acquired, any and all of the rights conveyed
39         herein.
40
41    1.9. "Modifications" means the Source Code and Executable form of
42         any of the following:
43
44        A. Any file that results from an addition to, deletion from or
45           modification of the contents of a file containing Original
46           Software or previous Modifications;
47
48        B. Any new file that contains any part of the Original
49           Software or previous Modifications; or
50
51        C. Any new file that is contributed or otherwise made
52           available under the terms of this License.
53
54    1.10. "Original Software" means the Source Code and Executable
55          form of computer software code that is originally released
56          under this License.
57
58    1.11. "Patent Claims" means any patent claim(s), now owned or
59          hereafter acquired, including without limitation, method,
60          process, and apparatus claims, in any patent Licensable by
61          grantor.
62
63    1.12. "Source Code" means (a) the common form of computer software
64          code in which modifications are made and (b) associated
65          documentation included in or with such code.
66
67    1.13. "You" (or "Your") means an individual or a legal entity
68          exercising rights under, and complying with all of the terms
69          of, this License.  For legal entities, "You" includes any
70          entity which controls, is controlled by, or is under common
71          control with You.  For purposes of this definition,
72          "control" means (a) the power, direct or indirect, to cause
73          the direction or management of such entity, whether by
74          contract or otherwise, or (b) ownership of more than fifty
75          percent (50%) of the outstanding shares or beneficial
76          ownership of such entity.
77
782. License Grants.
79
80    2.1. The Initial Developer Grant.
81
82    Conditioned upon Your compliance with Section 3.1 below and
83    subject to third party intellectual property claims, the Initial
84    Developer hereby grants You a world-wide, royalty-free,
85    non-exclusive license:
86
87        (a) under intellectual property rights (other than patent or
88            trademark) Licensable by Initial Developer, to use,
89            reproduce, modify, display, perform, sublicense and
90            distribute the Original Software (or portions thereof),
91            with or without Modifications, and/or as part of a Larger
92            Work; and
93
94        (b) under Patent Claims infringed by the making, using or
95            selling of Original Software, to make, have made, use,
96            practice, sell, and offer for sale, and/or otherwise
97            dispose of the Original Software (or portions thereof).
98
99        (c) The licenses granted in Sections 2.1(a) and (b) are
100            effective on the date Initial Developer first distributes
101            or otherwise makes the Original Software available to a
102            third party under the terms of this License.
103
104        (d) Notwithstanding Section 2.1(b) above, no patent license is
105            granted: (1) for code that You delete from the Original
106            Software, or (2) for infringements caused by: (i) the
107            modification of the Original Software, or (ii) the
108            combination of the Original Software with other software
109            or devices.
110
111    2.2. Contributor Grant.
112
113    Conditioned upon Your compliance with Section 3.1 below and
114    subject to third party intellectual property claims, each
115    Contributor hereby grants You a world-wide, royalty-free,
116    non-exclusive license:
117
118        (a) under intellectual property rights (other than patent or
119            trademark) Licensable by Contributor to use, reproduce,
120            modify, display, perform, sublicense and distribute the
121            Modifications created by such Contributor (or portions
122            thereof), either on an unmodified basis, with other
123            Modifications, as Covered Software and/or as part of a
124            Larger Work; and
125
126        (b) under Patent Claims infringed by the making, using, or
127            selling of Modifications made by that Contributor either
128            alone and/or in combination with its Contributor Version
129            (or portions of such combination), to make, use, sell,
130            offer for sale, have made, and/or otherwise dispose of:
131            (1) Modifications made by that Contributor (or portions
132            thereof); and (2) the combination of Modifications made by
133            that Contributor with its Contributor Version (or portions
134            of such combination).
135
136        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
137            effective on the date Contributor first distributes or
138            otherwise makes the Modifications available to a third
139            party.
140
141        (d) Notwithstanding Section 2.2(b) above, no patent license is
142            granted: (1) for any code that Contributor has deleted
143            from the Contributor Version; (2) for infringements caused
144            by: (i) third party modifications of Contributor Version,
145            or (ii) the combination of Modifications made by that
146            Contributor with other software (except as part of the
147            Contributor Version) or other devices; or (3) under Patent
148            Claims infringed by Covered Software in the absence of
149            Modifications made by that Contributor.
150
1513. Distribution Obligations.
152
153    3.1. Availability of Source Code.
154
155    Any Covered Software that You distribute or otherwise make
156    available in Executable form must also be made available in Source
157    Code form and that Source Code form must be distributed only under
158    the terms of this License.  You must include a copy of this
159    License with every copy of the Source Code form of the Covered
160    Software You distribute or otherwise make available.  You must
161    inform recipients of any such Covered Software in Executable form
162    as to how they can obtain such Covered Software in Source Code
163    form in a reasonable manner on or through a medium customarily
164    used for software exchange.
165
166    3.2. Modifications.
167
168    The Modifications that You create or to which You contribute are
169    governed by the terms of this License.  You represent that You
170    believe Your Modifications are Your original creation(s) and/or
171    You have sufficient rights to grant the rights conveyed by this
172    License.
173
174    3.3. Required Notices.
175
176    You must include a notice in each of Your Modifications that
177    identifies You as the Contributor of the Modification.  You may
178    not remove or alter any copyright, patent or trademark notices
179    contained within the Covered Software, or any notices of licensing
180    or any descriptive text giving attribution to any Contributor or
181    the Initial Developer.
182
183    3.4. Application of Additional Terms.
184
185    You may not offer or impose any terms on any Covered Software in
186    Source Code form that alters or restricts the applicable version
187    of this License or the recipients' rights hereunder.  You may
188    choose to offer, and to charge a fee for, warranty, support,
189    indemnity or liability obligations to one or more recipients of
190    Covered Software.  However, you may do so only on Your own behalf,
191    and not on behalf of the Initial Developer or any Contributor.
192    You must make it absolutely clear that any such warranty, support,
193    indemnity or liability obligation is offered by You alone, and You
194    hereby agree to indemnify the Initial Developer and every
195    Contributor for any liability incurred by the Initial Developer or
196    such Contributor as a result of warranty, support, indemnity or
197    liability terms You offer.
198
199    3.5. Distribution of Executable Versions.
200
201    You may distribute the Executable form of the Covered Software
202    under the terms of this License or under the terms of a license of
203    Your choice, which may contain terms different from this License,
204    provided that You are in compliance with the terms of this License
205    and that the license for the Executable form does not attempt to
206    limit or alter the recipient's rights in the Source Code form from
207    the rights set forth in this License.  If You distribute the
208    Covered Software in Executable form under a different license, You
209    must make it absolutely clear that any terms which differ from
210    this License are offered by You alone, not by the Initial
211    Developer or Contributor.  You hereby agree to indemnify the
212    Initial Developer and every Contributor for any liability incurred
213    by the Initial Developer or such Contributor as a result of any
214    such terms You offer.
215
216    3.6. Larger Works.
217
218    You may create a Larger Work by combining Covered Software with
219    other code not governed by the terms of this License and
220    distribute the Larger Work as a single product.  In such a case,
221    You must make sure the requirements of this License are fulfilled
222    for the Covered Software.
223
2244. Versions of the License.
225
226    4.1. New Versions.
227
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 number.
231    Except as provided in Section 4.3, no one other than the license
232    steward has the right to modify this License.
233
234    4.2. Effect of New Versions.
235
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 Software.
239    If the Initial Developer includes a notice in the Original
240    Software prohibiting it from being distributed or otherwise made
241    available under any subsequent version of the License, You must
242    distribute and make the Covered Software available under the terms
243    of the version of the License under which You originally received
244    the Covered Software.  Otherwise, You may also choose to use,
245    distribute or otherwise make the Covered Software available under
246    the terms of any subsequent version of the License published by
247    the license steward.
248
249    4.3. Modified Versions.
250
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
254    and remove any references to the name of the license steward
255    (except to note that the license differs from this License); and
256    (b) otherwise make it clear that the license contains terms which
257    differ from this License.
258
2595. DISCLAIMER OF WARRANTY.
260
261    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
262    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
263    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
264    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
265    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
266    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
267    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
268    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
269    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
270    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
271    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
272    DISCLAIMER.
273
2746. TERMINATION.
275
276    6.1. This License and the rights granted hereunder will terminate
277    automatically if You fail to comply with terms herein and fail to
278    cure such breach within 30 days of becoming aware of the breach.
279    Provisions which, by their nature, must remain in effect beyond
280    the termination of this License shall survive.
281
282    6.2. If You assert a patent infringement claim (excluding
283    declaratory judgment actions) against Initial Developer or a
284    Contributor (the Initial Developer or Contributor against whom You
285    assert such claim is referred to as "Participant") alleging that
286    the Participant Software (meaning the Contributor Version where
287    the Participant is a Contributor or the Original Software where
288    the Participant is the Initial Developer) directly or indirectly
289    infringes any patent, then any and all rights granted directly or
290    indirectly to You by such Participant, the Initial Developer (if
291    the Initial Developer is not the Participant) and all Contributors
292    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
293    notice from Participant terminate prospectively and automatically
294    at the expiration of such 60 day notice period, unless if within
295    such 60 day period You withdraw Your claim with respect to the
296    Participant Software against such Participant either unilaterally
297    or pursuant to a written agreement with Participant.
298
299    6.3. In the event of termination under Sections 6.1 or 6.2 above,
300    all end user licenses that have been validly granted by You or any
301    distributor hereunder prior to termination (excluding licenses
302    granted to You by any distributor) shall survive termination.
303
3047. LIMITATION OF LIABILITY.
305
306    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
307    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
308    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
309    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
310    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
311    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
312    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
313    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
314    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
315    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
316    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
317    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
318    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
319    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
320    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
321    APPLY TO YOU.
322
3238. U.S. GOVERNMENT END USERS.
324
325    The Covered Software is a "commercial item," as that term is
326    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
327    computer software" (as that term is defined at 48
328    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
329    documentation" as such terms are used in 48 C.F.R. 12.212
330    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
331    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
332    U.S. Government End Users acquire Covered Software with only those
333    rights set forth herein.  This U.S. Government Rights clause is in
334    lieu of, and supersedes, any other FAR, DFAR, or other clause or
335    provision that addresses Government rights in computer software
336    under this License.
337
3389. MISCELLANEOUS.
339
340    This License represents the complete agreement concerning subject
341    matter hereof.  If any provision of this License is held to be
342    unenforceable, such provision shall be reformed only to the extent
343    necessary to make it enforceable.  This License shall be governed
344    by the law of the jurisdiction specified in a notice contained
345    within the Original Software (except to the extent applicable law,
346    if any, provides otherwise), excluding such jurisdiction's
347    conflict-of-law provisions.  Any litigation relating to this
348    License shall be subject to the jurisdiction of the courts located
349    in the jurisdiction and venue specified in a notice contained
350    within the Original Software, with the losing party responsible
351    for costs, including, without limitation, court costs and
352    reasonable attorneys' fees and expenses.  The application of the
353    United Nations Convention on Contracts for the International Sale
354    of Goods is expressly excluded.  Any law or regulation which
355    provides that the language of a contract shall be construed
356    against the drafter shall not apply to this License.  You agree
357    that You alone are responsible for compliance with the United
358    States export administration regulations (and the export control
359    laws and regulation of any other countries) when You use,
360    distribute or otherwise make available any Covered Software.
361
36210. RESPONSIBILITY FOR CLAIMS.
363
364    As between Initial Developer and the Contributors, each party is
365    responsible for claims and damages arising, directly or
366    indirectly, out of its utilization of rights under this License
367    and You agree to work with Initial Developer and Contributors to
368    distribute such responsibility on an equitable basis.  Nothing
369    herein is intended or shall be deemed to constitute any admission
370    of liability.
371
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373
374NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
375DISTRIBUTION LICENSE (CDDL)
376
377For Covered Software in this distribution, this License shall
378be governed by the laws of the State of California (excluding
379conflict-of-law provisions).
380
381Any litigation relating to this License shall be subject to the
382jurisdiction of the Federal Courts of the Northern District of
383California and the state courts of the State of California, with
384venue lying in Santa Clara County, California.
385