Now that we have CDDLed code in the tree, add CDDL license.
Discussed with: core Approved by: re (kensmith)
This commit is contained in:
parent
6055cf1f83
commit
a4c30a2063
384
cddl/contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
384
cddl/contrib/opensolaris/OPENSOLARIS.LICENSE
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@ -0,0 +1,384 @@
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Unless otherwise noted, all files in this distribution are released
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under the Common Development and Distribution License (CDDL).
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Exceptions are noted within the associated source files.
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--------------------------------------------------------------------
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
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1. Definitions.
|
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|
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1.1. "Contributor" means each individual or entity that creates
|
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or contributes to the creation of Modifications.
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1.2. "Contributor Version" means the combination of the Original
|
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Software, prior Modifications used by a Contributor (if any),
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and the Modifications made by that particular Contributor.
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1.3. "Covered Software" means (a) the Original Software, or (b)
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Modifications, or (c) the combination of files containing
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Original Software with files containing Modifications, in
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each case including portions thereof.
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1.4. "Executable" means the Covered Software in any form other
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than Source Code.
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1.5. "Initial Developer" means the individual or entity that first
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makes Original Software available under this License.
|
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|
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1.6. "Larger Work" means a work which combines Covered Software or
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portions thereof with code not governed by the terms of this
|
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License.
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1.7. "License" means this document.
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1.8. "Licensable" means having the right to grant, to the maximum
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extent possible, whether at the time of the initial grant or
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subsequently acquired, any and all of the rights conveyed
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herein.
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1.9. "Modifications" means the Source Code and Executable form of
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any of the following:
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A. Any file that results from an addition to, deletion from or
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modification of the contents of a file containing Original
|
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Software or previous Modifications;
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B. Any new file that contains any part of the Original
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Software or previous Modifications; or
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C. Any new file that is contributed or otherwise made
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available under the terms of this License.
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1.10. "Original Software" means the Source Code and Executable
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form of computer software code that is originally released
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under this License.
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1.11. "Patent Claims" means any patent claim(s), now owned or
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hereafter acquired, including without limitation, method,
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process, and apparatus claims, in any patent Licensable by
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grantor.
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1.12. "Source Code" means (a) the common form of computer software
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code in which modifications are made and (b) associated
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documentation included in or with such code.
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1.13. "You" (or "Your") means an individual or a legal entity
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exercising rights under, and complying with all of the terms
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of, this License. For legal entities, "You" includes any
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entity which controls, is controlled by, or is under common
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control with You. For purposes of this definition,
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"control" means (a) the power, direct or indirect, to cause
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the direction or management of such entity, whether by
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contract or otherwise, or (b) ownership of more than fifty
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percent (50%) of the outstanding shares or beneficial
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ownership of such entity.
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2. License Grants.
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2.1. The Initial Developer Grant.
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Conditioned upon Your compliance with Section 3.1 below and
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subject to third party intellectual property claims, the Initial
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Developer hereby grants You a world-wide, royalty-free,
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non-exclusive license:
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Initial Developer, to use,
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reproduce, modify, display, perform, sublicense and
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distribute the Original Software (or portions thereof),
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with or without Modifications, and/or as part of a Larger
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Work; and
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(b) under Patent Claims infringed by the making, using or
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selling of Original Software, to make, have made, use,
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practice, sell, and offer for sale, and/or otherwise
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dispose of the Original Software (or portions thereof).
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(c) The licenses granted in Sections 2.1(a) and (b) are
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effective on the date Initial Developer first distributes
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or otherwise makes the Original Software available to a
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third party under the terms of this License.
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(d) Notwithstanding Section 2.1(b) above, no patent license is
|
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granted: (1) for code that You delete from the Original
|
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Software, or (2) for infringements caused by: (i) the
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modification of the Original Software, or (ii) the
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combination of the Original Software with other software
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or devices.
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2.2. Contributor Grant.
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Conditioned upon Your compliance with Section 3.1 below and
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subject to third party intellectual property claims, each
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Contributor hereby grants You a world-wide, royalty-free,
|
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non-exclusive license:
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|
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(a) under intellectual property rights (other than patent or
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trademark) Licensable by Contributor to use, reproduce,
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modify, display, perform, sublicense and distribute the
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Modifications created by such Contributor (or portions
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thereof), either on an unmodified basis, with other
|
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Modifications, as Covered Software and/or as part of a
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Larger Work; and
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(b) under Patent Claims infringed by the making, using, or
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selling of Modifications made by that Contributor either
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alone and/or in combination with its Contributor Version
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(or portions of such combination), to make, use, sell,
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offer for sale, have made, and/or otherwise dispose of:
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(1) Modifications made by that Contributor (or portions
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thereof); and (2) the combination of Modifications made by
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that Contributor with its Contributor Version (or portions
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of such combination).
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(c) The licenses granted in Sections 2.2(a) and 2.2(b) are
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effective on the date Contributor first distributes or
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otherwise makes the Modifications available to a third
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party.
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(d) Notwithstanding Section 2.2(b) above, no patent license is
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granted: (1) for any code that Contributor has deleted
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from the Contributor Version; (2) for infringements caused
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by: (i) third party modifications of Contributor Version,
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or (ii) the combination of Modifications made by that
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Contributor with other software (except as part of the
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Contributor Version) or other devices; or (3) under Patent
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Claims infringed by Covered Software in the absence of
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Modifications made by that Contributor.
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3. Distribution Obligations.
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3.1. Availability of Source Code.
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Any Covered Software that You distribute or otherwise make
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available in Executable form must also be made available in Source
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Code form and that Source Code form must be distributed only under
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the terms of this License. You must include a copy of this
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License with every copy of the Source Code form of the Covered
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Software You distribute or otherwise make available. You must
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inform recipients of any such Covered Software in Executable form
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as to how they can obtain such Covered Software in Source Code
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form in a reasonable manner on or through a medium customarily
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used for software exchange.
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3.2. Modifications.
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The Modifications that You create or to which You contribute are
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governed by the terms of this License. You represent that You
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believe Your Modifications are Your original creation(s) and/or
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You have sufficient rights to grant the rights conveyed by this
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License.
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3.3. Required Notices.
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You must include a notice in each of Your Modifications that
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identifies You as the Contributor of the Modification. You may
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not remove or alter any copyright, patent or trademark notices
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contained within the Covered Software, or any notices of licensing
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or any descriptive text giving attribution to any Contributor or
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the Initial Developer.
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3.4. Application of Additional Terms.
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You may not offer or impose any terms on any Covered Software in
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Source Code form that alters or restricts the applicable version
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of this License or the recipients' rights hereunder. You may
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choose to offer, and to charge a fee for, warranty, support,
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indemnity or liability obligations to one or more recipients of
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Covered Software. However, you may do so only on Your own behalf,
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and not on behalf of the Initial Developer or any Contributor.
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You must make it absolutely clear that any such warranty, support,
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indemnity or liability obligation is offered by You alone, and You
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hereby agree to indemnify the Initial Developer and every
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Contributor for any liability incurred by the Initial Developer or
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such Contributor as a result of warranty, support, indemnity or
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liability terms You offer.
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3.5. Distribution of Executable Versions.
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You may distribute the Executable form of the Covered Software
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under the terms of this License or under the terms of a license of
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Your choice, which may contain terms different from this License,
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provided that You are in compliance with the terms of this License
|
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and that the license for the Executable form does not attempt to
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limit or alter the recipient's rights in the Source Code form from
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the rights set forth in this License. If You distribute the
|
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Covered Software in Executable form under a different license, You
|
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must make it absolutely clear that any terms which differ from
|
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this License are offered by You alone, not by the Initial
|
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Developer or Contributor. You hereby agree to indemnify the
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Initial Developer and every Contributor for any liability incurred
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by the Initial Developer or such Contributor as a result of any
|
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such terms You offer.
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3.6. Larger Works.
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You may create a Larger Work by combining Covered Software with
|
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other code not governed by the terms of this License and
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distribute the Larger Work as a single product. In such a case,
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You must make sure the requirements of this License are fulfilled
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for the Covered Software.
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|
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4. Versions of the License.
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4.1. New Versions.
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Sun Microsystems, Inc. is the initial license steward and may
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publish revised and/or new versions of this License from time to
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time. Each version will be given a distinguishing version number.
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Except as provided in Section 4.3, no one other than the license
|
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steward has the right to modify this License.
|
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|
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4.2. Effect of New Versions.
|
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|
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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
|
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Software prohibiting it from being distributed or otherwise made
|
||||
available under any subsequent version of the License, You must
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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.
|
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|
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4.3. Modified Versions.
|
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|
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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.
|
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|
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5. DISCLAIMER OF WARRANTY.
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|
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
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BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
|
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INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
|
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SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
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PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
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PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
|
||||
COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
|
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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
|
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ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
|
||||
DISCLAIMER.
|
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|
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6. TERMINATION.
|
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|
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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
|
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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
|
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STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
|
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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.
|
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|
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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 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.
|
384
contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
384
contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
@ -0,0 +1,384 @@
|
||||
Unless otherwise noted, all files in this distribution are released
|
||||
under the Common Development and Distribution License (CDDL).
|
||||
Exceptions are noted within the associated source files.
|
||||
|
||||
--------------------------------------------------------------------
|
||||
|
||||
|
||||
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 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.
|
384
sys/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
384
sys/cddl/contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
@ -0,0 +1,384 @@
|
||||
Unless otherwise noted, all files in this distribution are released
|
||||
under the Common Development and Distribution License (CDDL).
|
||||
Exceptions are noted within the associated source files.
|
||||
|
||||
--------------------------------------------------------------------
|
||||
|
||||
|
||||
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 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.
|
384
sys/contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
384
sys/contrib/opensolaris/OPENSOLARIS.LICENSE
Normal file
@ -0,0 +1,384 @@
|
||||
Unless otherwise noted, all files in this distribution are released
|
||||
under the Common Development and Distribution License (CDDL).
|
||||
Exceptions are noted within the associated source files.
|
||||
|
||||
--------------------------------------------------------------------
|
||||
|
||||
|
||||
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 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.
|
Loading…
Reference in New Issue
Block a user