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368 lines
19 KiB
368 lines
19 KiB
Valid-License-Identifier: CDDL-1.0 |
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SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html |
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Usage-Guide: |
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Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for |
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dual-licensed files where the other license is GPL2 compatible. |
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If you end up using this it MUST be used together with a GPL2 compatible |
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license using "OR". |
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To use the Common Development and Distribution License 1.0 put the |
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following SPDX tag/value pair into a comment according to the placement |
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guidelines in the licensing rules documentation: |
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SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0) |
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License-Text: |
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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) |
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Version 1.0 |
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1. Definitions. |
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1.1. "Contributor" means each individual or entity that creates or |
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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 each |
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case including portions thereof. |
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1.4. "Executable" means the Covered Software in any form other than |
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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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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 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 Software |
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or previous Modification; or |
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C. Any new file that is contributed or otherwise made available |
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under the terms of this License. |
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1.10. "Original Software" means the Source Code and Executable form |
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of computer software code that is originally released under |
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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, "control" |
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means (a) the power, direct or indirect, to cause the |
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direction or management of such entity, whether by contract |
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or otherwise, or (b) ownership of more than fifty percent |
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(50%) of the outstanding shares or beneficial ownership of |
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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 subject |
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to third party intellectual property claims, the Initial Developer |
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hereby grants You a world-wide, royalty-free, non-exclusive |
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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 or |
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devices. |
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2.2. Contributor Grant. |
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Conditioned upon Your compliance with Section 3.1 below and subject |
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to third party intellectual property claims, each Contributor |
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hereby grants You a world-wide, royalty-free, non-exclusive |
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license: |
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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: (1) |
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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 from |
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the Contributor Version; (2) for infringements caused by: |
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(i) third party modifications of Contributor Version, or |
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(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 License |
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with every copy of the Source Code form of the Covered Software You |
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distribute or otherwise make available. You must inform recipients |
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of any such Covered Software in Executable form as to how they can |
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obtain such Covered Software in Source Code form in a reasonable |
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manner on or through a medium customarily used for software |
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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 You |
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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 not |
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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 of |
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this License or the recipients' rights hereunder. You may choose to |
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offer, and to charge a fee for, warranty, support, indemnity or |
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liability obligations to one or more recipients of Covered |
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Software. However, you may do so only on Your own behalf, and not |
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on behalf of the Initial Developer or any Contributor. You must |
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make it absolutely clear that any such warranty, support, indemnity |
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or liability obligation is offered by You alone, and You hereby |
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agree to indemnify the Initial Developer and every Contributor for |
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any liability incurred by the Initial Developer or such Contributor |
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as a result of warranty, support, indemnity or liability terms You |
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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 Covered |
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Software in Executable form under a different license, You must |
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make it absolutely clear that any terms which differ from this |
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License are offered by You alone, not by the Initial Developer or |
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Contributor. You hereby agree to indemnify the Initial Developer |
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and every Contributor for any liability incurred by the Initial |
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Developer or such Contributor as a result of any such terms You |
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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 distribute |
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the Larger Work as a single product. In such a case, You must make |
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sure the requirements of this License are fulfilled for the Covered |
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Software. |
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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 |
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number. Except as provided in Section 4.3, no one other than the |
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license steward has the right to modify this License. |
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4.2. Effect of New Versions. |
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You may always continue to use, distribute or otherwise make the |
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Covered Software available under the terms of the version of the |
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License under which You originally received the Covered |
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Software. If the Initial Developer includes a notice in the |
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Original Software prohibiting it from being distributed or |
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otherwise made available under any subsequent version of the |
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License, You must distribute and make the Covered Software |
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available under the terms of the version of the License under which |
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You originally received the Covered Software. Otherwise, You may |
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also choose to use, distribute or otherwise make the Covered |
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Software available under the terms of any subsequent version of the |
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License published by the license steward. |
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4.3. Modified Versions. |
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When You are an Initial Developer and You want to create a new |
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license for Your Original Software, You may create and use a |
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modified version of this License if You: (a) rename the license and |
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remove any references to the name of the license steward (except to |
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note that the license differs from this License); and (b) otherwise |
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make it clear that the license contains terms which differ from |
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this License. |
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5. DISCLAIMER OF WARRANTY. |
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COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
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WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
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WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
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DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR |
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NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF |
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THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE |
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DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER |
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CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR |
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CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART |
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OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER |
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EXCEPT UNDER THIS DISCLAIMER. |
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6. TERMINATION. |
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6.1. This License and the rights granted hereunder will terminate |
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automatically if You fail to comply with terms herein and fail to |
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cure such breach within 30 days of becoming aware of the |
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breach. Provisions which, by their nature, must remain in effect |
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beyond the termination of this License shall survive. |
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6.2. If You assert a patent infringement claim (excluding |
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declaratory judgment actions) against Initial Developer or a |
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Contributor (the Initial Developer or Contributor against whom You |
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assert such claim is referred to as "Participant") alleging that |
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the Participant Software (meaning the Contributor Version where the |
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Participant is a Contributor or the Original Software where the |
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Participant is the Initial Developer) directly or indirectly |
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infringes any patent, then any and all rights granted directly or |
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indirectly to You by such Participant, the Initial Developer (if |
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the Initial Developer is not the Participant) and all Contributors |
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under Sections 2.1 and/or 2.2 of this License shall, upon 60 days |
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notice from Participant terminate prospectively and automatically |
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at the expiration of such 60 day notice period, unless if within |
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such 60 day period You withdraw Your claim with respect to the |
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Participant Software against such Participant either unilaterally |
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or pursuant to a written agreement with Participant. |
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6.3. In the event of termination under Sections 6.1 or 6.2 above, |
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all end user licenses that have been validly granted by You or any |
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distributor hereunder prior to termination (excluding licenses |
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granted to You by any distributor) shall survive termination. |
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7. LIMITATION OF LIABILITY. |
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UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
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(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
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DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED |
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SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
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PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
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OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
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PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
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MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF |
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SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH |
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DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR |
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DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE |
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EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO |
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NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
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DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
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8. U.S. GOVERNMENT END USERS. |
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The Covered Software is a "commercial item," as that term is defined in |
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48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
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software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1)) |
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and "commercial computer software documentation" as such terms are used |
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in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and |
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48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all |
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U.S. Government End Users acquire Covered Software with only those |
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rights set forth herein. This U.S. Government Rights clause is in lieu |
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of, and supersedes, any other FAR, DFAR, or other clause or provision |
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that addresses Government rights in computer software under this |
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License. |
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9. MISCELLANEOUS. |
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This License represents the complete agreement concerning subject |
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matter hereof. If any provision of this License is held to be |
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unenforceable, such provision shall be reformed only to the extent |
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necessary to make it enforceable. This License shall be governed by the |
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law of the jurisdiction specified in a notice contained within the |
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Original Software (except to the extent applicable law, if any, |
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provides otherwise), excluding such jurisdiction's conflict-of-law |
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provisions. Any litigation relating to this License shall be subject to |
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the jurisdiction of the courts located in the jurisdiction and venue |
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specified in a notice contained within the Original Software, with the |
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losing party responsible for costs, including, without limitation, |
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court costs and reasonable attorneys' fees and expenses. The |
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application of the United Nations Convention on Contracts for the |
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International Sale of Goods is expressly excluded. Any law or |
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regulation which provides that the language of a contract shall be |
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construed against the drafter shall not apply to this License. You |
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agree that You alone are responsible for compliance with the United |
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States export administration regulations (and the export control laws |
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and regulation of any other countries) when You use, distribute or |
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otherwise make available any Covered Software. |
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10. RESPONSIBILITY FOR CLAIMS. |
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As between Initial Developer and the Contributors, each party is |
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responsible for claims and damages arising, directly or indirectly, out |
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of its utilization of rights under this License and You agree to work |
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with Initial Developer and Contributors to distribute such |
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responsibility on an equitable basis. Nothing herein is intended or |
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shall be deemed to constitute any admission of liability.
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