Home

Project on Source Forge

Architecture

License

Documents


License

COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
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 Modification; 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 recipients 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 PARTYS
    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 jurisdictions
    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.