COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.1
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 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.
Oracle 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. If You assert a patent infringement claim against
Participant alleging that the Participant Software directly or
indirectly infringes any patent where such claim is resolved
(such as by license or settlement) prior to the initiation of
patent infringement litigation, then the reasonable value of the
licenses granted by such Participant under Sections 2.1 or 2.2
shall be taken into account in determining the amount or value
of any payment or license.
6.4. 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 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.
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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 Germany (excluding conflict-of-law
provisions).
Any litigation relating to this License shall be subject to the
jurisdiction and the courts of Braunschweig, Germany, with venue
lying in Braunschweig, Germany.