1 Valid-License-Identifier: CDDL-1.0 2 SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html 3 Usage-Guide: 4 Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for 5 dual-licensed files where the other license is GPL2 compatible. 6 If you end up using this it MUST be used together with a GPL2 compatible 7 license using "OR". 8 To use the Common Development and Distribution License 1.0 put the 9 following SPDX tag/value pair into a comment according to the placement 10 guidelines in the licensing rules documentation: 11 SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0) 12 13 License-Text: 14 15 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) 16 Version 1.0 17 18 1. Definitions. 19 20 1.1. "Contributor" means each individual or entity that creates or 21 contributes to the creation of Modifications. 22 23 1.2. "Contributor Version" means the combination of the Original 24 Software, prior Modifications used by a Contributor (if any), 25 and the Modifications made by that particular Contributor. 26 27 1.3. "Covered Software" means (a) the Original Software, or (b) 28 Modifications, or (c) the combination of files containing 29 Original Software with files containing Modifications, in each 30 case including portions thereof. 31 32 1.4. "Executable" means the Covered Software in any form other than 33 Source Code. 34 35 1.5. "Initial Developer" means the individual or entity that first 36 makes Original Software available under this License. 37 38 1.6. "Larger Work" means a work which combines Covered Software or 39 portions thereof with code not governed by the terms of this 40 License. 41 42 1.7. "License" means this document. 43 44 1.8. "Licensable" means having the right to grant, to the maximum 45 extent possible, whether at the time of the initial grant or 46 subsequently acquired, any and all of the rights conveyed herein. 47 48 1.9. "Modifications" means the Source Code and Executable form of 49 any of the following: 50 51 A. Any file that results from an addition to, deletion from or 52 modification of the contents of a file containing Original 53 Software or previous Modifications; 54 55 B. Any new file that contains any part of the Original Software 56 or previous Modification; or 57 58 C. Any new file that is contributed or otherwise made available 59 under the terms of this License. 60 61 1.10. "Original Software" means the Source Code and Executable form 62 of computer software code that is originally released under 63 this License. 64 65 1.11. "Patent Claims" means any patent claim(s), now owned or 66 hereafter acquired, including without limitation, method, 67 process, and apparatus claims, in any patent Licensable by 68 grantor. 69 70 1.12. "Source Code" means (a) the common form of computer software 71 code in which modifications are made and (b) associated 72 documentation included in or with such code. 73 74 1.13. "You" (or "Your") means an individual or a legal entity 75 exercising rights under, and complying with all of the terms 76 of, this License. For legal entities, "You" includes any 77 entity which controls, is controlled by, or is under common 78 control with You. For purposes of this definition, "control" 79 means (a) the power, direct or indirect, to cause the 80 direction or management of such entity, whether by contract 81 or otherwise, or (b) ownership of more than fifty percent 82 (50%) of the outstanding shares or beneficial ownership of 83 such entity. 84 85 2. License Grants. 86 2.1. The Initial Developer Grant. 87 88 Conditioned upon Your compliance with Section 3.1 below and subject 89 to third party intellectual property claims, the Initial Developer 90 hereby grants You a world-wide, royalty-free, non-exclusive 91 license: 92 93 (a) under intellectual property rights (other than patent or 94 trademark) Licensable by Initial Developer, to use, 95 reproduce, modify, display, perform, sublicense and 96 distribute the Original Software (or portions thereof), 97 with or without Modifications, and/or as part of a Larger 98 Work; and 99 100 (b) under Patent Claims infringed by the making, using or 101 selling of Original Software, to make, have made, use, 102 practice, sell, and offer for sale, and/or otherwise 103 dispose of the Original Software (or portions thereof). 104 105 (c) The licenses granted in Sections 2.1(a) and (b) are 106 effective on the date Initial Developer first distributes 107 or otherwise makes the Original Software available to a 108 third party under the terms of this License. 109 110 (d) Notwithstanding Section 2.1(b) above, no patent license is 111 granted: (1) for code that You delete from the Original 112 Software, or (2) for infringements caused by: (i) the 113 modification of the Original Software, or (ii) the 114 combination of the Original Software with other software or 115 devices. 116 117 2.2. Contributor Grant. 118 119 Conditioned upon Your compliance with Section 3.1 below and subject 120 to third party intellectual property claims, each Contributor 121 hereby grants You a world-wide, royalty-free, non-exclusive 122 license: 123 124 (a) under intellectual property rights (other than patent or 125 trademark) Licensable by Contributor to use, reproduce, 126 modify, display, perform, sublicense and distribute the 127 Modifications created by such Contributor (or portions 128 thereof), either on an unmodified basis, with other 129 Modifications, as Covered Software and/or as part of a 130 Larger Work; and 131 132 (b) under Patent Claims infringed by the making, using, or 133 selling of Modifications made by that Contributor either 134 alone and/or in combination with its Contributor Version 135 (or portions of such combination), to make, use, sell, 136 offer for sale, have made, and/or otherwise dispose of: (1) 137 Modifications made by that Contributor (or portions 138 thereof); and (2) the combination of Modifications made by 139 that Contributor with its Contributor Version (or portions 140 of such combination). 141 142 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are 143 effective on the date Contributor first distributes or 144 otherwise makes the Modifications available to a third 145 party. 146 147 (d) Notwithstanding Section 2.2(b) above, no patent license is 148 granted: (1) for any code that Contributor has deleted from 149 the Contributor Version; (2) for infringements caused by: 150 (i) third party modifications of Contributor Version, or 151 (ii) the combination of Modifications made by that 152 Contributor with other software (except as part of the 153 Contributor Version) or other devices; or (3) under Patent 154 Claims infringed by Covered Software in the absence of 155 Modifications made by that Contributor. 156 157 3. Distribution Obligations. 158 3.1. Availability of Source Code. 159 160 Any Covered Software that You distribute or otherwise make 161 available in Executable form must also be made available in Source 162 Code form and that Source Code form must be distributed only under 163 the terms of this License. You must include a copy of this License 164 with every copy of the Source Code form of the Covered Software You 165 distribute or otherwise make available. You must inform recipients 166 of any such Covered Software in Executable form as to how they can 167 obtain such Covered Software in Source Code form in a reasonable 168 manner on or through a medium customarily used for software 169 exchange. 170 171 3.2. Modifications. 172 173 The Modifications that You create or to which You contribute are 174 governed by the terms of this License. You represent that You 175 believe Your Modifications are Your original creation(s) and/or You 176 have sufficient rights to grant the rights conveyed by this 177 License. 178 179 3.3. Required Notices. 180 181 You must include a notice in each of Your Modifications that 182 identifies You as the Contributor of the Modification. You may not 183 remove or alter any copyright, patent or trademark notices 184 contained within the Covered Software, or any notices of licensing 185 or any descriptive text giving attribution to any Contributor or 186 the Initial Developer. 187 188 3.4. Application of Additional Terms. 189 190 You may not offer or impose any terms on any Covered Software in 191 Source Code form that alters or restricts the applicable version of 192 this License or the recipients' rights hereunder. You may choose to 193 offer, and to charge a fee for, warranty, support, indemnity or 194 liability obligations to one or more recipients of Covered 195 Software. However, you may do so only on Your own behalf, and not 196 on behalf of the Initial Developer or any Contributor. You must 197 make it absolutely clear that any such warranty, support, indemnity 198 or liability obligation is offered by You alone, and You hereby 199 agree to indemnify the Initial Developer and every Contributor for 200 any liability incurred by the Initial Developer or such Contributor 201 as a result of warranty, support, indemnity or liability terms You 202 offer. 203 204 3.5. Distribution of Executable Versions. 205 206 You may distribute the Executable form of the Covered Software 207 under the terms of this License or under the terms of a license of 208 Your choice, which may contain terms different from this License, 209 provided that You are in compliance with the terms of this License 210 and that the license for the Executable form does not attempt to 211 limit or alter the recipient's rights in the Source Code form from 212 the rights set forth in this License. If You distribute the Covered 213 Software in Executable form under a different license, You must 214 make it absolutely clear that any terms which differ from this 215 License are offered by You alone, not by the Initial Developer or 216 Contributor. You hereby agree to indemnify the Initial Developer 217 and every Contributor for any liability incurred by the Initial 218 Developer or such Contributor as a result of any such terms You 219 offer. 220 221 3.6. Larger Works. 222 223 You may create a Larger Work by combining Covered Software with 224 other code not governed by the terms of this License and distribute 225 the Larger Work as a single product. In such a case, You must make 226 sure the requirements of this License are fulfilled for the Covered 227 Software. 228 229 4. Versions of the License. 230 4.1. New Versions. 231 232 Sun Microsystems, Inc. is the initial license steward and may 233 publish revised and/or new versions of this License from time to 234 time. Each version will be given a distinguishing version 235 number. Except as provided in Section 4.3, no one other than the 236 license steward has the right to modify this License. 237 238 4.2. Effect of New Versions. 239 240 You may always continue to use, distribute or otherwise make the 241 Covered Software available under the terms of the version of the 242 License under which You originally received the Covered 243 Software. If the Initial Developer includes a notice in the 244 Original Software prohibiting it from being distributed or 245 otherwise made available under any subsequent version of the 246 License, You must distribute and make the Covered Software 247 available under the terms of the version of the License under which 248 You originally received the Covered Software. Otherwise, You may 249 also choose to use, distribute or otherwise make the Covered 250 Software available under the terms of any subsequent version of the 251 License published by the license steward. 252 253 4.3. Modified Versions. 254 255 When You are an Initial Developer and You want to create a new 256 license for Your Original Software, You may create and use a 257 modified version of this License if You: (a) rename the license and 258 remove any references to the name of the license steward (except to 259 note that the license differs from this License); and (b) otherwise 260 make it clear that the license contains terms which differ from 261 this License. 262 263 5. DISCLAIMER OF WARRANTY. 264 265 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, 266 WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, 267 WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF 268 DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR 269 NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF 270 THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE 271 DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER 272 CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR 273 CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART 274 OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER 275 EXCEPT UNDER THIS DISCLAIMER. 276 277 6. TERMINATION. 278 279 6.1. This License and the rights granted hereunder will terminate 280 automatically if You fail to comply with terms herein and fail to 281 cure such breach within 30 days of becoming aware of the 282 breach. Provisions which, by their nature, must remain in effect 283 beyond the termination of this License shall survive. 284 285 6.2. If You assert a patent infringement claim (excluding 286 declaratory judgment actions) against Initial Developer or a 287 Contributor (the Initial Developer or Contributor against whom You 288 assert such claim is referred to as "Participant") alleging that 289 the Participant Software (meaning the Contributor Version where the 290 Participant is a Contributor or the Original Software where the 291 Participant is the Initial Developer) directly or indirectly 292 infringes any patent, then any and all rights granted directly or 293 indirectly to You by such Participant, the Initial Developer (if 294 the Initial Developer is not the Participant) and all Contributors 295 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days 296 notice from Participant terminate prospectively and automatically 297 at the expiration of such 60 day notice period, unless if within 298 such 60 day period You withdraw Your claim with respect to the 299 Participant Software against such Participant either unilaterally 300 or pursuant to a written agreement with Participant. 301 302 6.3. In the event of termination under Sections 6.1 or 6.2 above, 303 all end user licenses that have been validly granted by You or any 304 distributor hereunder prior to termination (excluding licenses 305 granted to You by any distributor) shall survive termination. 306 307 7. LIMITATION OF LIABILITY. 308 309 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT 310 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL 311 DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED 312 SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY 313 PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES 314 OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST 315 PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 316 MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 317 SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH 318 DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR 319 DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE 320 EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO 321 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 322 DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 323 324 8. U.S. GOVERNMENT END USERS. 325 326 The Covered Software is a "commercial item," as that term is defined in 327 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer 328 software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1)) 329 and "commercial computer software documentation" as such terms are used 330 in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 331 48 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 lieu 334 of, and supersedes, any other FAR, DFAR, or other clause or provision 335 that addresses Government rights in computer software under this 336 License. 337 338 9. 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 by the 344 law of the jurisdiction specified in a notice contained within the 345 Original Software (except to the extent applicable law, if any, 346 provides otherwise), excluding such jurisdiction's conflict-of-law 347 provisions. Any litigation relating to this License shall be subject to 348 the jurisdiction of the courts located in the jurisdiction and venue 349 specified in a notice contained within the Original Software, with the 350 losing party responsible for costs, including, without limitation, 351 court costs and reasonable attorneys' fees and expenses. The 352 application of the United Nations Convention on Contracts for the 353 International Sale of Goods is expressly excluded. Any law or 354 regulation which provides that the language of a contract shall be 355 construed against the drafter shall not apply to this License. You 356 agree that You alone are responsible for compliance with the United 357 States export administration regulations (and the export control laws 358 and regulation of any other countries) when You use, distribute or 359 otherwise make available any Covered Software. 360 361 10. RESPONSIBILITY FOR CLAIMS. 362 363 As between Initial Developer and the Contributors, each party is 364 responsible for claims and damages arising, directly or indirectly, out 365 of its utilization of rights under this License and You agree to work 366 with Initial Developer and Contributors to distribute such 367 responsibility on an equitable basis. Nothing herein is intended or 368 shall be deemed to constitute any admission of liability.
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