linux/LICENSES/dual/CDDL-1.0
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   1Valid-License-Identifier: CDDL-1.0
   2SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
   3Usage-Guide:
   4  Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for
   5  dual-licensed files where the other license is GPL2 compatible.
   6  If you end up using this it MUST be used together with a GPL2 compatible
   7  license using "OR".
   8  To use the Common Development and Distribution License 1.0 put the
   9  following SPDX tag/value pair into a comment according to the placement
  10  guidelines in the licensing rules documentation:
  11    SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
  12
  13License-Text:
  14
  15COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
  16Version 1.0
  17
  18    1. Definitions.
  19
  20        1.1. "Contributor" means each individual or entity that creates or
  21             contributes to the creation of Modifications.
  22
  23        1.2. "Contributor Version" means the combination of the Original
  24             Software, prior Modifications used by a Contributor (if any),
  25             and the Modifications made by that particular Contributor.
  26
  27        1.3. "Covered Software" means (a) the Original Software, or (b)
  28             Modifications, or (c) the combination of files containing
  29             Original Software with files containing Modifications, in each
  30             case including portions thereof.
  31
  32        1.4. "Executable" means the Covered Software in any form other than
  33             Source Code.
  34
  35        1.5. "Initial Developer" means the individual or entity that first
  36             makes Original Software available under this License.
  37
  38        1.6. "Larger Work" means a work which combines Covered Software or
  39             portions thereof with code not governed by the terms of this
  40             License.
  41
  42        1.7. "License" means this document.
  43
  44        1.8. "Licensable" means having the right to grant, to the maximum
  45             extent possible, whether at the time of the initial grant or
  46             subsequently acquired, any and all of the rights conveyed herein.
  47
  48        1.9. "Modifications" means the Source Code and Executable form of
  49             any of the following:
  50
  51            A. Any file that results from an addition to, deletion from or
  52               modification of the contents of a file containing Original
  53               Software or previous Modifications;
  54
  55            B. Any new file that contains any part of the Original Software
  56               or previous Modification; or
  57
  58            C. Any new file that is contributed or otherwise made available
  59               under the terms of this License.
  60
  61        1.10. "Original Software" means the Source Code and Executable form
  62              of computer software code that is originally released under
  63              this License.
  64
  65        1.11. "Patent Claims" means any patent claim(s), now owned or
  66              hereafter acquired, including without limitation, method,
  67              process, and apparatus claims, in any patent Licensable by
  68              grantor.
  69
  70        1.12. "Source Code" means (a) the common form of computer software
  71              code in which modifications are made and (b) associated
  72              documentation included in or with such code.
  73
  74        1.13. "You" (or "Your") means an individual or a legal entity
  75              exercising rights under, and complying with all of the terms
  76              of, this License. For legal entities, "You" includes any
  77              entity which controls, is controlled by, or is under common
  78              control with You. For purposes of this definition, "control"
  79              means (a) the power, direct or indirect, to cause the
  80              direction or management of such entity, whether by contract
  81              or otherwise, or (b) ownership of more than fifty percent
  82              (50%) of the outstanding shares or beneficial ownership of
  83              such entity.
  84
  85    2. License Grants.
  86        2.1. The Initial Developer Grant.
  87
  88        Conditioned upon Your compliance with Section 3.1 below and subject
  89        to third party intellectual property claims, the Initial Developer
  90        hereby grants You a world-wide, royalty-free, non-exclusive
  91        license:
  92
  93            (a) under intellectual property rights (other than patent or
  94                trademark) Licensable by Initial Developer, to use,
  95                reproduce, modify, display, perform, sublicense and
  96                distribute the Original Software (or portions thereof),
  97                with or without Modifications, and/or as part of a Larger
  98                Work; and
  99
 100            (b) under Patent Claims infringed by the making, using or
 101                selling of Original Software, to make, have made, use,
 102                practice, sell, and offer for sale, and/or otherwise
 103                dispose of the Original Software (or portions thereof).
 104
 105            (c) The licenses granted in Sections 2.1(a) and (b) are
 106                effective on the date Initial Developer first distributes
 107                or otherwise makes the Original Software available to a
 108                third party under the terms of this License.
 109
 110            (d) Notwithstanding Section 2.1(b) above, no patent license is
 111                granted: (1) for code that You delete from the Original
 112                Software, or (2) for infringements caused by: (i) the
 113                modification of the Original Software, or (ii) the
 114                combination of the Original Software with other software or
 115                devices.
 116
 117        2.2. Contributor Grant.
 118
 119        Conditioned upon Your compliance with Section 3.1 below and subject
 120        to third party intellectual property claims, each Contributor
 121        hereby grants You a world-wide, royalty-free, non-exclusive
 122        license:
 123
 124            (a) under intellectual property rights (other than patent or
 125                trademark) Licensable by Contributor to use, reproduce,
 126                modify, display, perform, sublicense and distribute the
 127                Modifications created by such Contributor (or portions
 128                thereof), either on an unmodified basis, with other
 129                Modifications, as Covered Software and/or as part of a
 130                Larger Work; and
 131
 132            (b) under Patent Claims infringed by the making, using, or
 133                selling of Modifications made by that Contributor either
 134                alone and/or in combination with its Contributor Version
 135                (or portions of such combination), to make, use, sell,
 136                offer for sale, have made, and/or otherwise dispose of: (1)
 137                Modifications made by that Contributor (or portions
 138                thereof); and (2) the combination of Modifications made by
 139                that Contributor with its Contributor Version (or portions
 140                of such combination).
 141
 142            (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
 143                effective on the date Contributor first distributes or
 144                otherwise makes the Modifications available to a third
 145                party.
 146
 147            (d) Notwithstanding Section 2.2(b) above, no patent license is
 148                granted: (1) for any code that Contributor has deleted from
 149                the Contributor Version; (2) for infringements caused by:
 150                (i) third party modifications of Contributor Version, or
 151                (ii) the combination of Modifications made by that
 152                Contributor with other software (except as part of the
 153                Contributor Version) or other devices; or (3) under Patent
 154                Claims infringed by Covered Software in the absence of
 155                Modifications made by that Contributor.
 156
 157    3. Distribution Obligations.
 158        3.1. Availability of Source Code.
 159
 160        Any Covered Software that You distribute or otherwise make
 161        available in Executable form must also be made available in Source
 162        Code form and that Source Code form must be distributed only under
 163        the terms of this License. You must include a copy of this License
 164        with every copy of the Source Code form of the Covered Software You
 165        distribute or otherwise make available. You must inform recipients
 166        of any such Covered Software in Executable form as to how they can
 167        obtain such Covered Software in Source Code form in a reasonable
 168        manner on or through a medium customarily used for software
 169        exchange.
 170
 171        3.2. Modifications.
 172
 173        The Modifications that You create or to which You contribute are
 174        governed by the terms of this License. You represent that You
 175        believe Your Modifications are Your original creation(s) and/or You
 176        have sufficient rights to grant the rights conveyed by this
 177        License.
 178
 179        3.3. Required Notices.
 180
 181        You must include a notice in each of Your Modifications that
 182        identifies You as the Contributor of the Modification. You may not
 183        remove or alter any copyright, patent or trademark notices
 184        contained within the Covered Software, or any notices of licensing
 185        or any descriptive text giving attribution to any Contributor or
 186        the Initial Developer.
 187
 188        3.4. Application of Additional Terms.
 189
 190        You may not offer or impose any terms on any Covered Software in
 191        Source Code form that alters or restricts the applicable version of
 192        this License or the recipients' rights hereunder. You may choose to
 193        offer, and to charge a fee for, warranty, support, indemnity or
 194        liability obligations to one or more recipients of Covered
 195        Software. However, you may do so only on Your own behalf, and not
 196        on behalf of the Initial Developer or any Contributor. You must
 197        make it absolutely clear that any such warranty, support, indemnity
 198        or liability obligation is offered by You alone, and You hereby
 199        agree to indemnify the Initial Developer and every Contributor for
 200        any liability incurred by the Initial Developer or such Contributor
 201        as a result of warranty, support, indemnity or liability terms You
 202        offer.
 203
 204        3.5. Distribution of Executable Versions.
 205
 206        You may distribute the Executable form of the Covered Software
 207        under the terms of this License or under the terms of a license of
 208        Your choice, which may contain terms different from this License,
 209        provided that You are in compliance with the terms of this License
 210        and that the license for the Executable form does not attempt to
 211        limit or alter the recipient's rights in the Source Code form from
 212        the rights set forth in this License. If You distribute the Covered
 213        Software in Executable form under a different license, You must
 214        make it absolutely clear that any terms which differ from this
 215        License are offered by You alone, not by the Initial Developer or
 216        Contributor. You hereby agree to indemnify the Initial Developer
 217        and every Contributor for any liability incurred by the Initial
 218        Developer or such Contributor as a result of any such terms You
 219        offer.
 220
 221        3.6. Larger Works.
 222
 223        You may create a Larger Work by combining Covered Software with
 224        other code not governed by the terms of this License and distribute
 225        the Larger Work as a single product. In such a case, You must make
 226        sure the requirements of this License are fulfilled for the Covered
 227        Software.
 228
 229    4. Versions of the License.
 230        4.1. New Versions.
 231
 232        Sun Microsystems, Inc. is the initial license steward and may
 233        publish revised and/or new versions of this License from time to
 234        time. Each version will be given a distinguishing version
 235        number. Except as provided in Section 4.3, no one other than the
 236        license steward has the right to modify this License.
 237
 238        4.2. Effect of New Versions.
 239
 240        You may always continue to use, distribute or otherwise make the
 241        Covered Software available under the terms of the version of the
 242        License under which You originally received the Covered
 243        Software. If the Initial Developer includes a notice in the
 244        Original Software prohibiting it from being distributed or
 245        otherwise made available under any subsequent version of the
 246        License, You must distribute and make the Covered Software
 247        available under the terms of the version of the License under which
 248        You originally received the Covered Software. Otherwise, You may
 249        also choose to use, distribute or otherwise make the Covered
 250        Software available under the terms of any subsequent version of the
 251        License published by the license steward.
 252
 253        4.3. Modified Versions.
 254
 255        When You are an Initial Developer and You want to create a new
 256        license for Your Original Software, You may create and use a
 257        modified version of this License if You: (a) rename the license and
 258        remove any references to the name of the license steward (except to
 259        note that the license differs from this License); and (b) otherwise
 260        make it clear that the license contains terms which differ from
 261        this License.
 262
 263    5. DISCLAIMER OF WARRANTY.
 264
 265    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
 266    WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
 267    WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
 268    DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
 269    NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
 270    THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
 271    DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
 272    CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
 273    CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
 274    OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
 275    EXCEPT UNDER THIS DISCLAIMER.
 276
 277    6. TERMINATION.
 278
 279        6.1. This License and the rights granted hereunder will terminate
 280        automatically if You fail to comply with terms herein and fail to
 281        cure such breach within 30 days of becoming aware of the
 282        breach. Provisions which, by their nature, must remain in effect
 283        beyond the termination of this License shall survive.
 284
 285        6.2. If You assert a patent infringement claim (excluding
 286        declaratory judgment actions) against Initial Developer or a
 287        Contributor (the Initial Developer or Contributor against whom You
 288        assert such claim is referred to as "Participant") alleging that
 289        the Participant Software (meaning the Contributor Version where the
 290        Participant is a Contributor or the Original Software where the
 291        Participant is the Initial Developer) directly or indirectly
 292        infringes any patent, then any and all rights granted directly or
 293        indirectly to You by such Participant, the Initial Developer (if
 294        the Initial Developer is not the Participant) and all Contributors
 295        under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
 296        notice from Participant terminate prospectively and automatically
 297        at the expiration of such 60 day notice period, unless if within
 298        such 60 day period You withdraw Your claim with respect to the
 299        Participant Software against such Participant either unilaterally
 300        or pursuant to a written agreement with Participant.
 301
 302        6.3. In the event of termination under Sections 6.1 or 6.2 above,
 303        all end user licenses that have been validly granted by You or any
 304        distributor hereunder prior to termination (excluding licenses
 305        granted to You by any distributor) shall survive termination.
 306
 307    7. LIMITATION OF LIABILITY.
 308
 309    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
 310    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
 311    DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
 312    SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
 313    PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
 314    OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
 315    PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
 316    MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
 317    SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
 318    DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
 319    DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
 320    EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
 321    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
 322    DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
 323
 324    8. U.S. GOVERNMENT END USERS.
 325
 326    The Covered Software is a "commercial item," as that term is defined in
 327    48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
 328    software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
 329    and "commercial computer software documentation" as such terms are used
 330    in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
 331    48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
 332    U.S. Government End Users acquire Covered Software with only those
 333    rights set forth herein. This U.S. Government Rights clause is in lieu
 334    of, and supersedes, any other FAR, DFAR, or other clause or provision
 335    that addresses Government rights in computer software under this
 336    License.
 337
 338    9. MISCELLANEOUS.
 339
 340    This License represents the complete agreement concerning subject
 341    matter hereof. If any provision of this License is held to be
 342    unenforceable, such provision shall be reformed only to the extent
 343    necessary to make it enforceable. This License shall be governed by the
 344    law of the jurisdiction specified in a notice contained within the
 345    Original Software (except to the extent applicable law, if any,
 346    provides otherwise), excluding such jurisdiction's conflict-of-law
 347    provisions. Any litigation relating to this License shall be subject to
 348    the jurisdiction of the courts located in the jurisdiction and venue
 349    specified in a notice contained within the Original Software, with the
 350    losing party responsible for costs, including, without limitation,
 351    court costs and reasonable attorneys' fees and expenses. The
 352    application of the United Nations Convention on Contracts for the
 353    International Sale of Goods is expressly excluded. Any law or
 354    regulation which provides that the language of a contract shall be
 355    construed against the drafter shall not apply to this License. You
 356    agree that You alone are responsible for compliance with the United
 357    States export administration regulations (and the export control laws
 358    and regulation of any other countries) when You use, distribute or
 359    otherwise make available any Covered Software.
 360
 361    10. RESPONSIBILITY FOR CLAIMS.
 362
 363    As between Initial Developer and the Contributors, each party is
 364    responsible for claims and damages arising, directly or indirectly, out
 365    of its utilization of rights under this License and You agree to work
 366    with Initial Developer and Contributors to distribute such
 367    responsibility on an equitable basis. Nothing herein is intended or
 368    shall be deemed to constitute any admission of liability.
 369