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diff --git a/licenses/CDDL-1.1 b/licenses/CDDL-1.1 new file mode 100644 index 000000000000..4a00ba94825a --- /dev/null +++ b/licenses/CDDL-1.1 @@ -0,0 +1,362 @@ +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. ยง + 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) + +The code released under the CDDL shall be governed by the laws of the +State of California (excluding conflict-of-law provisions). Any +litigation relating to this License shall be subject to the jurisdiction +of the Federal Courts of the Northern District of California and the +state courts of the State of California, with venue lying in Santa Clara +County, California. |