sdk/tools/mkisofs/schilytools/CDDL.Schily.txt

   1 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
   2
   3 1. Definitions.
   4
   5     1.1. "Contributor" means each individual or entity that creates
   6          or contributes to the creation of Modifications.
   7
   8     1.2. "Contributor Version" means the combination of the Original
   9          Software, prior Modifications used by a Contributor (if any),
  10          and the Modifications made by that particular Contributor.
  11
  12     1.3. "Covered Software" means (a) the Original Software, or (b)
  13          Modifications, or (c) the combination of files containing
  14          Original Software with files containing Modifications, in
  15          each case including portions thereof.
  16
  17     1.4. "Executable" means the Covered Software in any form other
  18          than Source Code.
  19
  20     1.5. "Initial Developer" means the individual or entity that first
  21          makes Original Software available under this License.
  22
  23     1.6. "Larger Work" means a work which combines Covered Software or
  24          portions thereof with code not governed by the terms of this
  25          License.
  26
  27     1.7. "License" means this document.
  28
  29     1.8. "Licensable" means having the right to grant, to the maximum
  30          extent possible, whether at the time of the initial grant or
  31          subsequently acquired, any and all of the rights conveyed
  32          herein.
  33
  34     1.9. "Modifications" means the Source Code and Executable form of
  35          any of the following:
  36
  37         A. Any file that results from an addition to, deletion from or
  38            modification of the contents of a file containing Original
  39            Software or previous Modifications;
  40
  41         B. Any new file that contains any part of the Original
  42            Software or previous Modifications; or
  43
  44         C. Any new file that is contributed or otherwise made
  45            available under the terms of this License.
  46
  47     1.10. "Original Software" means the Source Code and Executable
  48           form of computer software code that is originally released
  49           under this License.
  50
  51     1.11. "Patent Claims" means any patent claim(s), now owned or
  52           hereafter acquired, including without limitation, method,
  53           process, and apparatus claims, in any patent Licensable by
  54           grantor.
  55
  56     1.12. "Source Code" means (a) the common form of computer software
  57           code in which modifications are made and (b) associated
  58           documentation included in or with such code.
  59
  60     1.13. "You" (or "Your") means an individual or a legal entity
  61           exercising rights under, and complying with all of the terms
  62           of, this License.  For legal entities, "You" includes any
  63           entity which controls, is controlled by, or is under common
  64           control with You.  For purposes of this definition,
  65           "control" means (a) the power, direct or indirect, to cause
  66           the direction or management of such entity, whether by
  67           contract or otherwise, or (b) ownership of more than fifty
  68           percent (50%) of the outstanding shares or beneficial
  69           ownership of such entity.
  70
  71 2. License Grants.
  72
  73     2.1. The Initial Developer Grant.
  74
  75     Conditioned upon Your compliance with Section 3.1 below and
  76     subject to third party intellectual property claims, the Initial
  77     Developer hereby grants You a world-wide, royalty-free,
  78     non-exclusive license:
  79
  80         (a) under intellectual property rights (other than patent or
  81             trademark) Licensable by Initial Developer, to use,
  82             reproduce, modify, display, perform, sublicense and
  83             distribute the Original Software (or portions thereof),
  84             with or without Modifications, and/or as part of a Larger
  85             Work; and
  86
  87         (b) under Patent Claims infringed by the making, using or
  88             selling of Original Software, to make, have made, use,
  89             practice, sell, and offer for sale, and/or otherwise
  90             dispose of the Original Software (or portions thereof).
  91
  92         (c) The licenses granted in Sections 2.1(a) and (b) are
  93             effective on the date Initial Developer first distributes
  94             or otherwise makes the Original Software available to a
  95             third party under the terms of this License.
  96
  97         (d) Notwithstanding Section 2.1(b) above, no patent license is
  98             granted: (1) for code that You delete from the Original
  99             Software, or (2) for infringements caused by: (i) the
 100             modification of the Original Software, or (ii) the
 101             combination of the Original Software with other software
 102             or devices.
 103
 104     2.2. Contributor Grant.
 105
 106     Conditioned upon Your compliance with Section 3.1 below and
 107     subject to third party intellectual property claims, each
 108     Contributor hereby grants You a world-wide, royalty-free,
 109     non-exclusive license:
 110
 111         (a) under intellectual property rights (other than patent or
 112             trademark) Licensable by Contributor to use, reproduce,
 113             modify, display, perform, sublicense and distribute the
 114             Modifications created by such Contributor (or portions
 115             thereof), either on an unmodified basis, with other
 116             Modifications, as Covered Software and/or as part of a
 117             Larger Work; and
 118
 119         (b) under Patent Claims infringed by the making, using, or
 120             selling of Modifications made by that Contributor either
 121             alone and/or in combination with its Contributor Version
 122             (or portions of such combination), to make, use, sell,
 123             offer for sale, have made, and/or otherwise dispose of:
 124             (1) Modifications made by that Contributor (or portions
 125             thereof); and (2) the combination of Modifications made by
 126             that Contributor with its Contributor Version (or portions
 127             of such combination).
 128
 129         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
 130             effective on the date Contributor first distributes or
 131             otherwise makes the Modifications available to a third
 132             party.
 133
 134         (d) Notwithstanding Section 2.2(b) above, no patent license is
 135             granted: (1) for any code that Contributor has deleted
 136             from the Contributor Version; (2) for infringements caused
 137             by: (i) third party modifications of Contributor Version,
 138             or (ii) the combination of Modifications made by that
 139             Contributor with other software (except as part of the
 140             Contributor Version) or other devices; or (3) under Patent
 141             Claims infringed by Covered Software in the absence of
 142             Modifications made by that Contributor.
 143
 144 3. Distribution Obligations.
 145
 146     3.1. Availability of Source Code.
 147
 148     Any Covered Software that You distribute or otherwise make
 149     available in Executable form must also be made available in Source
 150     Code form and that Source Code form must be distributed only under
 151     the terms of this License.  You must include a copy of this
 152     License with every copy of the Source Code form of the Covered
 153     Software You distribute or otherwise make available.  You must
 154     inform recipients of any such Covered Software in Executable form
 155     as to how they can obtain such Covered Software in Source Code
 156     form in a reasonable manner on or through a medium customarily
 157     used for software exchange.
 158
 159     3.2. Modifications.
 160
 161     The Modifications that You create or to which You contribute are
 162     governed by the terms of this License.  You represent that You
 163     believe Your Modifications are Your original creation(s) and/or
 164     You have sufficient rights to grant the rights conveyed by this
 165     License.
 166
 167     3.3. Required Notices.
 168
 169     You must include a notice in each of Your Modifications that
 170     identifies You as the Contributor of the Modification.  You may
 171     not remove or alter any copyright, patent or trademark notices
 172     contained within the Covered Software, or any notices of licensing
 173     or any descriptive text giving attribution to any Contributor or
 174     the Initial Developer.
 175
 176     3.4. Application of Additional Terms.
 177
 178     You may not offer or impose any terms on any Covered Software in
 179     Source Code form that alters or restricts the applicable version
 180     of this License or the recipients' rights hereunder.  You may
 181     choose to offer, and to charge a fee for, warranty, support,
 182     indemnity or liability obligations to one or more recipients of
 183     Covered Software.  However, you may do so only on Your own behalf,
 184     and not on behalf of the Initial Developer or any Contributor.
 185     You must make it absolutely clear that any such warranty, support,
 186     indemnity or liability obligation is offered by You alone, and You
 187     hereby agree to indemnify the Initial Developer and every
 188     Contributor for any liability incurred by the Initial Developer or
 189     such Contributor as a result of warranty, support, indemnity or
 190     liability terms You offer.
 191
 192     3.5. Distribution of Executable Versions.
 193
 194     You may distribute the Executable form of the Covered Software
 195     under the terms of this License or under the terms of a license of
 196     Your choice, which may contain terms different from this License,
 197     provided that You are in compliance with the terms of this License
 198     and that the license for the Executable form does not attempt to
 199     limit or alter the recipient's rights in the Source Code form from
 200     the rights set forth in this License.  If You distribute the
 201     Covered Software in Executable form under a different license, You
 202     must make it absolutely clear that any terms which differ from
 203     this License are offered by You alone, not by the Initial
 204     Developer or Contributor.  You hereby agree to indemnify the
 205     Initial Developer and every Contributor for any liability incurred
 206     by the Initial Developer or such Contributor as a result of any
 207     such terms You offer.
 208
 209     3.6. Larger Works.
 210
 211     You may create a Larger Work by combining Covered Software with
 212     other code not governed by the terms of this License and
 213     distribute the Larger Work as a single product.  In such a case,
 214     You must make sure the requirements of this License are fulfilled
 215     for the Covered Software.
 216
 217 4. Versions of the License.
 218
 219     4.1. New Versions.
 220
 221     Sun Microsystems, Inc. is the initial license steward and may
 222     publish revised and/or new versions of this License from time to
 223     time.  Each version will be given a distinguishing version number.
 224     Except as provided in Section 4.3, no one other than the license
 225     steward has the right to modify this License.
 226
 227     4.2. Effect of New Versions.
 228
 229     You may always continue to use, distribute or otherwise make the
 230     Covered Software available under the terms of the version of the
 231     License under which You originally received the Covered Software.
 232     If the Initial Developer includes a notice in the Original
 233     Software prohibiting it from being distributed or otherwise made
 234     available under any subsequent version of the License, You must
 235     distribute and make the Covered Software available under the terms
 236     of the version of the License under which You originally received
 237     the Covered Software.  Otherwise, You may also choose to use,
 238     distribute or otherwise make the Covered Software available under
 239     the terms of any subsequent version of the License published by
 240     the license steward.
 241
 242     4.3. Modified Versions.
 243
 244     When You are an Initial Developer and You want to create a new
 245     license for Your Original Software, You may create and use a
 246     modified version of this License if You: (a) rename the license
 247     and remove any references to the name of the license steward
 248     (except to note that the license differs from this License); and
 249     (b) otherwise make it clear that the license contains terms which
 250     differ from this License.
 251
 252 5. DISCLAIMER OF WARRANTY.
 253
 254     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
 255     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
 256     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
 257     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
 258     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
 259     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
 260     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
 261     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
 262     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
 263     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
 264     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
 265     DISCLAIMER.
 266
 267 6. TERMINATION.
 268
 269     6.1. This License and the rights granted hereunder will terminate
 270     automatically if You fail to comply with terms herein and fail to
 271     cure such breach within 30 days of becoming aware of the breach.
 272     Provisions which, by their nature, must remain in effect beyond
 273     the termination of this License shall survive.
 274
 275     6.2. If You assert a patent infringement claim (excluding
 276     declaratory judgment actions) against Initial Developer or a
 277     Contributor (the Initial Developer or Contributor against whom You
 278     assert such claim is referred to as "Participant") alleging that
 279     the Participant Software (meaning the Contributor Version where
 280     the Participant is a Contributor or the Original Software where
 281     the Participant is the Initial Developer) directly or indirectly
 282     infringes any patent, then any and all rights granted directly or
 283     indirectly to You by such Participant, the Initial Developer (if
 284     the Initial Developer is not the Participant) and all Contributors
 285     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
 286     notice from Participant terminate prospectively and automatically
 287     at the expiration of such 60 day notice period, unless if within
 288     such 60 day period You withdraw Your claim with respect to the
 289     Participant Software against such Participant either unilaterally
 290     or pursuant to a written agreement with Participant.
 291
 292     6.3. In the event of termination under Sections 6.1 or 6.2 above,
 293     all end user licenses that have been validly granted by You or any
 294     distributor hereunder prior to termination (excluding licenses
 295     granted to You by any distributor) shall survive termination.
 296
 297 7. LIMITATION OF LIABILITY.
 298
 299     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
 300     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
 301     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
 302     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
 303     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
 304     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
 305     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
 306     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
 307     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
 308     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
 309     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
 310     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
 311     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
 312     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
 313     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
 314     APPLY TO YOU.
 315
 316 8. U.S. GOVERNMENT END USERS.
 317
 318     The Covered Software is a "commercial item," as that term is
 319     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
 320     computer software" (as that term is defined at 48
 321     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
 322     documentation" as such terms are used in 48 C.F.R. 12.212
 323     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
 324     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
 325     U.S. Government End Users acquire Covered Software with only those
 326     rights set forth herein.  This U.S. Government Rights clause is in
 327     lieu of, and supersedes, any other FAR, DFAR, or other clause or
 328     provision that addresses Government rights in computer software
 329     under this License.
 330
 331 9. MISCELLANEOUS.
 332
 333     This License represents the complete agreement concerning subject
 334     matter hereof.  If any provision of this License is held to be
 335     unenforceable, such provision shall be reformed only to the extent
 336     necessary to make it enforceable.  This License shall be governed
 337     by the law of the jurisdiction specified in a notice contained
 338     within the Original Software (except to the extent applicable law,
 339     if any, provides otherwise), excluding such jurisdiction's
 340     conflict-of-law provisions.  Any litigation relating to this
 341     License shall be subject to the jurisdiction of the courts located
 342     in the jurisdiction and venue specified in a notice contained
 343     within the Original Software, with the losing party responsible
 344     for costs, including, without limitation, court costs and
 345     reasonable attorneys' fees and expenses.  The application of the
 346     United Nations Convention on Contracts for the International Sale
 347     of Goods is expressly excluded.  Any law or regulation which
 348     provides that the language of a contract shall be construed
 349     against the drafter shall not apply to this License.  You agree
 350     that You alone are responsible for compliance with the United
 351     States export administration regulations (and the export control
 352     laws and regulation of any other countries) when You use,
 353     distribute or otherwise make available any Covered Software.
 354
 355 10. RESPONSIBILITY FOR CLAIMS.
 356
 357     As between Initial Developer and the Contributors, each party is
 358     responsible for claims and damages arising, directly or
 359     indirectly, out of its utilization of rights under this License
 360     and You agree to work with Initial Developer and Contributors to
 361     distribute such responsibility on an equitable basis.  Nothing
 362     herein is intended or shall be deemed to constitute any admission
 363     of liability.
 364
 365 --------------------------------------------------------------------
 366
 367 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
 368 DISTRIBUTION LICENSE (CDDL)
 369
 370 For Covered Software in this distribution, this License shall
 371 be governed by the laws of Germany (excluding conflict-of-law
 372 provisions).
 373
 374 Any litigation relating to this License shall be subject to the
 375 jurisdiction and the courts of Berlin Germany, with venue lying
 376 in Berlin Germany.