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authorKrzysztof Pawlik <nelchael@gentoo.org>2006-09-24 18:34:58 +0000
committerKrzysztof Pawlik <nelchael@gentoo.org>2006-09-24 18:34:58 +0000
commitb2d909d33b16550b9e5e3fb09603abfc11f6a68e (patch)
tree4609ff220656eabad46ff4dc810814af405dd78a /licenses/CDDL
parentNew version (diff)
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Added CDDL for dev-java/sun-jaf and dev-java/sun-javamail.
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+ COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
+ 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 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.
+
+ 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. S: 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.