+++ /dev/null
-COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 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 Modifications; 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.
-
- 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 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.
-
---------------------------------------------------------------------
-
-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 Berlin Germany, with venue lying
-in Berlin Germany.
projects / reactos.git / blobdiff