Gentoo Archives: gentoo-commits

From: "Ulrich Müller" <ulm@g.o>
To: gentoo-commits@l.g.o
Subject: [gentoo-commits] repo/gentoo:master commit in: licenses/
Date: Tue, 24 Sep 2019 10:37:58
Message-Id: 1569321462.42146b8c7da32356003177c27c2fd97bcfb53a70.ulm@gentoo
1 commit: 42146b8c7da32356003177c27c2fd97bcfb53a70
2 Author: Ulrich Müller <ulm <AT> gentoo <DOT> org>
3 AuthorDate: Tue Sep 24 10:05:11 2019 +0000
4 Commit: Ulrich Müller <ulm <AT> gentoo <DOT> org>
5 CommitDate: Tue Sep 24 10:37:42 2019 +0000
6 URL: https://gitweb.gentoo.org/repo/gentoo.git/commit/?id=42146b8c
7
8 licenses: Sync CDDL from archived Sun page.
9
10 Synced from:
11 https://web.archive.org/web/20090305064954/http://www.sun.com/cddl/cddl.html
12
13 Only text changes are removal of bullet points ("*") and fixing the
14 section sign ("§") in section 8. Otherwise, only whitespace changes.
15
16 Signed-off-by: Ulrich Müller <ulm <AT> gentoo.org>
17
18 licenses/CDDL | 712 +++++++++++++++++++++++++++++-----------------------------
19 1 file changed, 356 insertions(+), 356 deletions(-)
20
21 diff --git a/licenses/CDDL b/licenses/CDDL
22 index dc328c3db0e..91dddb1537d 100644
23 --- a/licenses/CDDL
24 +++ b/licenses/CDDL
25 @@ -1,358 +1,358 @@
26 - COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
27 - Version 1.0
28 +COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
29 +Version 1.0
30
31 - * 1. Definitions.
32 +1. Definitions.
33
34 - * 1.1. "Contributor" means each individual or entity that creates
35 - or contributes to the creation of Modifications.
36 -
37 - * 1.2. "Contributor Version" means the combination of the Original
38 - Software, prior Modifications used by a Contributor (if any), and
39 - the Modifications made by that particular Contributor.
40 -
41 - * 1.3. "Covered Software" means (a) the Original Software, or (b)
42 - Modifications, or (c) the combination of files containing
43 - Original Software with files containing Modifications, in each
44 - case including portions thereof.
45 -
46 - * 1.4. "Executable" means the Covered Software in any form other
47 - than Source Code.
48 -
49 - * 1.5. "Initial Developer" means the individual or entity that
50 - first makes Original Software available under this License.
51 -
52 - * 1.6. "Larger Work" means a work which combines Covered Software
53 - or portions thereof with code not governed by the terms of this
54 - License.
55 -
56 - * 1.7. "License" means this document.
57 -
58 - * 1.8. "Licensable" means having the right to grant, to the maximum
59 - extent possible, whether at the time of the initial grant or
60 - subsequently acquired, any and all of the rights conveyed herein.
61 -
62 - * 1.9. "Modifications" means the Source Code and Executable form of
63 - any of the following:
64 -
65 - * A. Any file that results from an addition to, deletion from
66 - or modification of the contents of a file containing
67 - Original Software or previous Modifications;
68 -
69 - * B. Any new file that contains any part of the Original
70 - Software or previous Modification; or
71 -
72 - * C. Any new file that is contributed or otherwise made
73 - available under the terms of this License.
74 -
75 - * 1.10. "Original Software" means the Source Code and Executable
76 - form of computer software code that is originally released under
77 - this License.
78 -
79 - * 1.11. "Patent Claims" means any patent claim(s), now owned or
80 - hereafter acquired, including without limitation, method,
81 - process, and apparatus claims, in any patent Licensable by
82 - grantor.
83 -
84 - * 1.12. "Source Code" means (a) the common form of computer
85 - software code in which modifications are made and (b) associated
86 - documentation included in or with such code.
87 -
88 - * 1.13. "You" (or "Your") means an individual or a legal entity
89 - exercising rights under, and complying with all of the terms of,
90 - this License. For legal entities, "You" includes any entity which
91 - controls, is controlled by, or is under common control with You.
92 - For purposes of this definition, "control" means (a) the power,
93 - direct or indirect, to cause the direction or management of such
94 - entity, whether by contract or otherwise, or (b) ownership of
95 - more than fifty percent (50%) of the outstanding shares or
96 - beneficial ownership of such entity.
97 -
98 - * 2. License Grants.
99 -
100 - * 2.1. The Initial Developer Grant.
101 -
102 - Conditioned upon Your compliance with Section 3.1 below and
103 - subject to third party intellectual property claims, the Initial
104 - Developer hereby grants You a world-wide, royalty-free,
105 - non-exclusive license:
106 -
107 - * (a) under intellectual property rights (other than patent or
108 - trademark) Licensable by Initial Developer, to use,
109 - reproduce, modify, display, perform, sublicense and
110 - distribute the Original Software (or portions thereof), with
111 - or without Modifications, and/or as part of a Larger Work;
112 - and
113 -
114 - * (b) under Patent Claims infringed by the making, using or
115 - selling of Original Software, to make, have made, use,
116 - practice, sell, and offer for sale, and/or otherwise dispose
117 - of the Original Software (or portions thereof).
118 -
119 - * (c) The licenses granted in Sections 2.1(a) and (b) are
120 - effective on the date Initial Developer first distributes or
121 - otherwise makes the Original Software available to a third
122 - party under the terms of this License.
123 -
124 - * (d) Notwithstanding Section 2.1(b) above, no patent license
125 - is granted: (1) for code that You delete from the Original
126 - Software, or (2) for infringements caused by: (i) the
127 - modification of the Original Software, or (ii) the
128 - combination of the Original Software with other software or
129 - devices.
130 -
131 - * 2.2. Contributor Grant.
132 -
133 - Conditioned upon Your compliance with Section 3.1 below and
134 - subject to third party intellectual property claims, each
135 - Contributor hereby grants You a world-wide, royalty-free,
136 - non-exclusive license:
137 -
138 - * (a) under intellectual property rights (other than patent or
139 - trademark) Licensable by Contributor to use, reproduce,
140 - modify, display, perform, sublicense and distribute the
141 - Modifications created by such Contributor (or portions
142 - thereof), either on an unmodified basis, with other
143 - Modifications, as Covered Software and/or as part of a
144 - Larger Work; and
145 -
146 - * (b) under Patent Claims infringed by the making, using, or
147 - selling of Modifications made by that Contributor either
148 - alone and/or in combination with its Contributor Version (or
149 - portions of such combination), to make, use, sell, offer for
150 - sale, have made, and/or otherwise dispose of:
151 - (1) Modifications made by that Contributor (or portions
152 - thereof); and (2) the combination of Modifications made by
153 - that Contributor with its Contributor Version (or portions
154 - of such combination).
155 -
156 - * (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
157 - effective on the date Contributor first distributes or
158 - otherwise makes the Modifications available to a third
159 - party.
160 -
161 - * (d) Notwithstanding Section 2.2(b) above, no patent license
162 - is granted: (1) for any code that Contributor has deleted
163 - from the Contributor Version; (2) for infringements caused
164 - by: (i) third party modifications of Contributor Version, or
165 - (ii) the combination of Modifications made by that
166 - Contributor with other software (except as part of the
167 - Contributor Version) or other devices; or (3) under Patent
168 - Claims infringed by Covered Software in the absence of
169 - Modifications made by that Contributor.
170 -
171 - * 3. Distribution Obligations.
172 -
173 - * 3.1. Availability of Source Code.
174 -
175 - Any Covered Software that You distribute or otherwise make
176 - available in Executable form must also be made available in
177 - Source Code form and that Source Code form must be distributed
178 - only under the terms of this License. You must include a copy of
179 - this License with every copy of the Source Code form of the
180 - Covered Software You distribute or otherwise make available. You
181 - must inform recipients of any such Covered Software in Executable
182 - form as to how they can obtain such Covered Software in Source
183 - Code form in a reasonable manner on or through a medium
184 - customarily used for software exchange.
185 -
186 - * 3.2. Modifications.
187 -
188 - The Modifications that You create or to which You contribute are
189 - governed by the terms of this License. You represent that You
190 - believe Your Modifications are Your original creation(s) and/or
191 - You have sufficient rights to grant the rights conveyed by this
192 - License.
193 -
194 - * 3.3. Required Notices.
195 -
196 - You must include a notice in each of Your Modifications that
197 - identifies You as the Contributor of the Modification. You may
198 - not remove or alter any copyright, patent or trademark notices
199 - contained within the Covered Software, or any notices of
200 - licensing or any descriptive text giving attribution to any
201 - Contributor or the Initial Developer.
202 -
203 - * 3.4. Application of Additional Terms.
204 -
205 - You may not offer or impose any terms on any Covered Software in
206 - Source Code form that alters or restricts the applicable version
207 - of this License or the recipients' rights hereunder. You may
208 - choose to offer, and to charge a fee for, warranty, support,
209 - indemnity or liability obligations to one or more recipients of
210 - Covered Software. However, you may do so only on Your own behalf,
211 - and not on behalf of the Initial Developer or any Contributor.
212 - You must make it absolutely clear that any such warranty,
213 - support, indemnity or liability obligation is offered by You
214 - alone, and You hereby agree to indemnify the Initial Developer
215 - and every Contributor for any liability incurred by the Initial
216 - Developer or such Contributor as a result of warranty, support,
217 - indemnity or liability terms You offer.
218 -
219 - * 3.5. Distribution of Executable Versions.
220 -
221 - You may distribute the Executable form of the Covered Software
222 - under the terms of this License or under the terms of a license
223 - of Your choice, which may contain terms different from this
224 - License, provided that You are in compliance with the terms of
225 - this License and that the license for the Executable form does
226 - not attempt to limit or alter the recipient's rights in the
227 - Source Code form from the rights set forth in this License. If
228 - You distribute the Covered Software in Executable form under a
229 - different license, You must make it absolutely clear that any
230 - terms which differ from this License are offered by You alone,
231 - not by the Initial Developer or Contributor. You hereby agree to
232 - indemnify the Initial Developer and every Contributor for any
233 - liability incurred by the Initial Developer or such Contributor
234 - as a result of any such terms You offer.
235 -
236 - * 3.6. Larger Works.
237 -
238 - You may create a Larger Work by combining Covered Software with
239 - other code not governed by the terms of this License and
240 - distribute the Larger Work as a single product. In such a case,
241 - You must make sure the requirements of this License are fulfilled
242 - for the Covered Software.
243 -
244 - * 4. Versions of the License.
245 -
246 - * 4.1. New Versions.
247 -
248 - Sun Microsystems, Inc. is the initial license steward and may
249 - publish revised and/or new versions of this License from time to
250 - time. Each version will be given a distinguishing version number.
251 - Except as provided in Section 4.3, no one other than the license
252 - steward has the right to modify this License.
253 -
254 - * 4.2. Effect of New Versions.
255 -
256 - You may always continue to use, distribute or otherwise make the
257 - Covered Software available under the terms of the version of the
258 - License under which You originally received the Covered Software.
259 - If the Initial Developer includes a notice in the Original
260 - Software prohibiting it from being distributed or otherwise made
261 - available under any subsequent version of the License, You must
262 - distribute and make the Covered Software available under the
263 - terms of the version of the License under which You originally
264 - received the Covered Software. Otherwise, You may also choose to
265 - use, distribute or otherwise make the Covered Software available
266 - under the terms of any subsequent version of the License
267 - published by the license steward.
268 -
269 - * 4.3. Modified Versions.
270 -
271 - When You are an Initial Developer and You want to create a new
272 - license for Your Original Software, You may create and use a
273 - modified version of this License if You: (a) rename the license
274 - and remove any references to the name of the license steward
275 - (except to note that the license differs from this License); and
276 - (b) otherwise make it clear that the license contains terms which
277 - differ from this License.
278 -
279 - * 5. DISCLAIMER OF WARRANTY.
280 -
281 - COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
282 - WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
283 - WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
284 - DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
285 - THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
286 - SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
287 - ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
288 - ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
289 - DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
290 - NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
291 - THIS DISCLAIMER.
292 -
293 - * 6. TERMINATION.
294 -
295 - * 6.1. This License and the rights granted hereunder will terminate
296 - automatically if You fail to comply with terms herein and fail to
297 - cure such breach within 30 days of becoming aware of the breach.
298 - Provisions which, by their nature, must remain in effect beyond
299 - the termination of this License shall survive.
300 -
301 - * 6.2. If You assert a patent infringement claim (excluding
302 - declaratory judgment actions) against Initial Developer or a
303 - Contributor (the Initial Developer or Contributor against whom
304 - You assert such claim is referred to as "Participant") alleging
305 - that the Participant Software (meaning the Contributor Version
306 - where the Participant is a Contributor or the Original Software
307 - where the Participant is the Initial Developer) directly or
308 - indirectly infringes any patent, then any and all rights granted
309 - directly or indirectly to You by such Participant, the Initial
310 - Developer (if the Initial Developer is not the Participant) and
311 - all Contributors under Sections 2.1 and/or 2.2 of this License
312 - shall, upon 60 days notice from Participant terminate
313 - prospectively and automatically at the expiration of such 60 day
314 - notice period, unless if within such 60 day period You withdraw
315 - Your claim with respect to the Participant Software against such
316 - Participant either unilaterally or pursuant to a written
317 - agreement with Participant.
318 -
319 - * 6.3. In the event of termination under Sections 6.1 or 6.2 above,
320 - all end user licenses that have been validly granted by You or
321 - any distributor hereunder prior to termination (excluding
322 - licenses granted to You by any distributor) shall survive
323 - termination.
324 -
325 - * 7. LIMITATION OF LIABILITY.
326 -
327 - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
328 - (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
329 - DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
330 - SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
331 - PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
332 - OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
333 - PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
334 - MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
335 - IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
336 - DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
337 - DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
338 - EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
339 - NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
340 - DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
341 -
342 - * 8. U.S. GOVERNMENT END USERS.
343 -
344 - The Covered Software is a "commercial item," as that term is defined
345 - in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
346 - software" (as that term is defined at 48 C.F.R. S: 252.227-7014(a)(1))
347 - and "commercial computer software documentation" as such terms are
348 - used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
349 - 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
350 - U.S. Government End Users acquire Covered Software with only those
351 - rights set forth herein. This U.S. Government Rights clause is in lieu
352 - of, and supersedes, any other FAR, DFAR, or other clause or provision
353 - that addresses Government rights in computer software under this
354 - License.
355 -
356 - * 9. MISCELLANEOUS.
357 -
358 - This License represents the complete agreement concerning subject
359 - matter hereof. If any provision of this License is held to be
360 - unenforceable, such provision shall be reformed only to the extent
361 - necessary to make it enforceable. This License shall be governed by
362 - the law of the jurisdiction specified in a notice contained within the
363 - Original Software (except to the extent applicable law, if any,
364 - provides otherwise), excluding such jurisdiction's conflict-of-law
365 - provisions. Any litigation relating to this License shall be subject
366 - to the jurisdiction of the courts located in the jurisdiction and
367 - venue specified in a notice contained within the Original Software,
368 - with the losing party responsible for costs, including, without
369 - limitation, court costs and reasonable attorneys' fees and expenses.
370 - The application of the United Nations Convention on Contracts for the
371 - International Sale of Goods is expressly excluded. Any law or
372 - regulation which provides that the language of a contract shall be
373 - construed against the drafter shall not apply to this License. You
374 - agree that You alone are responsible for compliance with the United
375 - States export administration regulations (and the export control laws
376 - and regulation of any other countries) when You use, distribute or
377 - otherwise make available any Covered Software.
378 -
379 - * 10. RESPONSIBILITY FOR CLAIMS.
380 -
381 - As between Initial Developer and the Contributors, each party is
382 - responsible for claims and damages arising, directly or indirectly,
383 - out of its utilization of rights under this License and You agree to
384 - work with Initial Developer and Contributors to distribute such
385 - responsibility on an equitable basis. Nothing herein is intended or
386 - shall be deemed to constitute any admission of liability.
387 + 1.1. "Contributor" means each individual or entity that creates
388 + or contributes to the creation of Modifications.
389 +
390 + 1.2. "Contributor Version" means the combination of the Original
391 + Software, prior Modifications used by a Contributor (if any), and
392 + the Modifications made by that particular Contributor.
393 +
394 + 1.3. "Covered Software" means (a) the Original Software, or
395 + (b) Modifications, or (c) the combination of files containing
396 + Original Software with files containing Modifications, in each
397 + case including portions thereof.
398 +
399 + 1.4. "Executable" means the Covered Software in any form other
400 + than Source Code.
401 +
402 + 1.5. "Initial Developer" means the individual or entity that
403 + first makes Original Software available under this License.
404 +
405 + 1.6. "Larger Work" means a work which combines Covered Software
406 + or portions thereof with code not governed by the terms of this
407 + License.
408 +
409 + 1.7. "License" means this document.
410 +
411 + 1.8. "Licensable" means having the right to grant, to the maximum
412 + extent possible, whether at the time of the initial grant or
413 + subsequently acquired, any and all of the rights conveyed herein.
414 +
415 + 1.9. "Modifications" means the Source Code and Executable form of
416 + any of the following:
417 +
418 + A. Any file that results from an addition to, deletion from
419 + or modification of the contents of a file containing
420 + Original Software or previous Modifications;
421 +
422 + B. Any new file that contains any part of the Original
423 + Software or previous Modification; or
424 +
425 + C. Any new file that is contributed or otherwise made
426 + available under the terms of this License.
427 +
428 + 1.10. "Original Software" means the Source Code and Executable
429 + form of computer software code that is originally released under
430 + this License.
431 +
432 + 1.11. "Patent Claims" means any patent claim(s), now owned or
433 + hereafter acquired, including without limitation, method,
434 + process, and apparatus claims, in any patent Licensable by
435 + grantor.
436 +
437 + 1.12. "Source Code" means (a) the common form of computer
438 + software code in which modifications are made and (b) associated
439 + documentation included in or with such code.
440 +
441 + 1.13. "You" (or "Your") means an individual or a legal entity
442 + exercising rights under, and complying with all of the terms of,
443 + this License. For legal entities, "You" includes any entity which
444 + controls, is controlled by, or is under common control with You.
445 + For purposes of this definition, "control" means (a) the power,
446 + direct or indirect, to cause the direction or management of such
447 + entity, whether by contract or otherwise, or (b) ownership of
448 + more than fifty percent (50%) of the outstanding shares or
449 + beneficial ownership of such entity.
450 +
451 +2. License Grants.
452 +
453 + 2.1. The Initial Developer Grant.
454 +
455 + Conditioned upon Your compliance with Section 3.1 below and
456 + subject to third party intellectual property claims, the Initial
457 + Developer hereby grants You a world-wide, royalty-free,
458 + non-exclusive license:
459 +
460 + (a) under intellectual property rights (other than patent or
461 + trademark) Licensable by Initial Developer, to use,
462 + reproduce, modify, display, perform, sublicense and
463 + distribute the Original Software (or portions thereof), with
464 + or without Modifications, and/or as part of a Larger Work;
465 + and
466 +
467 + (b) under Patent Claims infringed by the making, using or
468 + selling of Original Software, to make, have made, use,
469 + practice, sell, and offer for sale, and/or otherwise dispose
470 + of the Original Software (or portions thereof).
471 +
472 + (c) The licenses granted in Sections 2.1(a) and (b) are
473 + effective on the date Initial Developer first distributes or
474 + otherwise makes the Original Software available to a third
475 + party under the terms of this License.
476 +
477 + (d) Notwithstanding Section 2.1(b) above, no patent license
478 + is granted: (1) for code that You delete from the Original
479 + Software, or (2) for infringements caused by: (i) the
480 + modification of the Original Software, or (ii) the
481 + combination of the Original Software with other software or
482 + devices.
483 +
484 + 2.2. Contributor Grant.
485 +
486 + Conditioned upon Your compliance with Section 3.1 below and
487 + subject to third party intellectual property claims, each
488 + Contributor hereby grants You a world-wide, royalty-free,
489 + non-exclusive license:
490 +
491 + (a) under intellectual property rights (other than patent or
492 + trademark) Licensable by Contributor to use, reproduce,
493 + modify, display, perform, sublicense and distribute the
494 + Modifications created by such Contributor (or portions
495 + thereof), either on an unmodified basis, with other
496 + Modifications, as Covered Software and/or as part of a
497 + Larger Work; and
498 +
499 + (b) under Patent Claims infringed by the making, using, or
500 + selling of Modifications made by that Contributor either
501 + alone and/or in combination with its Contributor Version (or
502 + portions of such combination), to make, use, sell, offer for
503 + sale, have made, and/or otherwise dispose of:
504 + (1) Modifications made by that Contributor (or portions
505 + thereof); and (2) the combination of Modifications made by
506 + that Contributor with its Contributor Version (or portions
507 + of such combination).
508 +
509 + (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
510 + effective on the date Contributor first distributes or
511 + otherwise makes the Modifications available to a third
512 + party.
513 +
514 + (d) Notwithstanding Section 2.2(b) above, no patent license
515 + is granted: (1) for any code that Contributor has deleted
516 + from the Contributor Version; (2) for infringements caused
517 + by: (i) third party modifications of Contributor Version, or
518 + (ii) the combination of Modifications made by that
519 + Contributor with other software (except as part of the
520 + Contributor Version) or other devices; or (3) under Patent
521 + Claims infringed by Covered Software in the absence of
522 + Modifications made by that Contributor.
523 +
524 +3. Distribution Obligations.
525 +
526 + 3.1. Availability of Source Code.
527 +
528 + Any Covered Software that You distribute or otherwise make
529 + available in Executable form must also be made available in
530 + Source Code form and that Source Code form must be distributed
531 + only under the terms of this License. You must include a copy of
532 + this License with every copy of the Source Code form of the
533 + Covered Software You distribute or otherwise make available. You
534 + must inform recipients of any such Covered Software in Executable
535 + form as to how they can obtain such Covered Software in Source
536 + Code form in a reasonable manner on or through a medium
537 + customarily used for software exchange.
538 +
539 + 3.2. Modifications.
540 +
541 + The Modifications that You create or to which You contribute are
542 + governed by the terms of this License. You represent that You
543 + believe Your Modifications are Your original creation(s) and/or
544 + You have sufficient rights to grant the rights conveyed by this
545 + License.
546 +
547 + 3.3. Required Notices.
548 +
549 + You must include a notice in each of Your Modifications that
550 + identifies You as the Contributor of the Modification. You may
551 + not remove or alter any copyright, patent or trademark notices
552 + contained within the Covered Software, or any notices of
553 + licensing or any descriptive text giving attribution to any
554 + Contributor or the Initial Developer.
555 +
556 + 3.4. Application of Additional Terms.
557 +
558 + You may not offer or impose any terms on any Covered Software in
559 + Source Code form that alters or restricts the applicable version
560 + of this License or the recipients' rights hereunder. You may
561 + choose to offer, and to charge a fee for, warranty, support,
562 + indemnity or liability obligations to one or more recipients of
563 + Covered Software. However, you may do so only on Your own behalf,
564 + and not on behalf of the Initial Developer or any Contributor.
565 + You must make it absolutely clear that any such warranty,
566 + support, indemnity or liability obligation is offered by You
567 + alone, and You hereby agree to indemnify the Initial Developer
568 + and every Contributor for any liability incurred by the Initial
569 + Developer or such Contributor as a result of warranty, support,
570 + indemnity or liability terms You offer.
571 +
572 + 3.5. Distribution of Executable Versions.
573 +
574 + You may distribute the Executable form of the Covered Software
575 + under the terms of this License or under the terms of a license
576 + of Your choice, which may contain terms different from this
577 + License, provided that You are in compliance with the terms of
578 + this License and that the license for the Executable form does
579 + not attempt to limit or alter the recipient's rights in the
580 + Source Code form from the rights set forth in this License. If
581 + You distribute the Covered Software in Executable form under a
582 + different license, You must make it absolutely clear that any
583 + terms which differ from this License are offered by You alone,
584 + not by the Initial Developer or Contributor. You hereby agree to
585 + indemnify the Initial Developer and every Contributor for any
586 + liability incurred by the Initial Developer or such Contributor
587 + as a result of any such terms You offer.
588 +
589 + 3.6. Larger Works.
590 +
591 + You may create a Larger Work by combining Covered Software with
592 + other code not governed by the terms of this License and
593 + distribute the Larger Work as a single product. In such a case,
594 + You must make sure the requirements of this License are fulfilled
595 + for the Covered Software.
596 +
597 +4. Versions of the License.
598 +
599 + 4.1. New Versions.
600 +
601 + Sun Microsystems, Inc. is the initial license steward and may
602 + publish revised and/or new versions of this License from time to
603 + time. Each version will be given a distinguishing version number.
604 + Except as provided in Section 4.3, no one other than the license
605 + steward has the right to modify this License.
606 +
607 + 4.2. Effect of New Versions.
608 +
609 + You may always continue to use, distribute or otherwise make the
610 + Covered Software available under the terms of the version of the
611 + License under which You originally received the Covered Software.
612 + If the Initial Developer includes a notice in the Original
613 + Software prohibiting it from being distributed or otherwise made
614 + available under any subsequent version of the License, You must
615 + distribute and make the Covered Software available under the
616 + terms of the version of the License under which You originally
617 + received the Covered Software. Otherwise, You may also choose to
618 + use, distribute or otherwise make the Covered Software available
619 + under the terms of any subsequent version of the License
620 + published by the license steward.
621 +
622 + 4.3. Modified Versions.
623 +
624 + When You are an Initial Developer and You want to create a new
625 + license for Your Original Software, You may create and use a
626 + modified version of this License if You: (a) rename the license
627 + and remove any references to the name of the license steward
628 + (except to note that the license differs from this License); and
629 + (b) otherwise make it clear that the license contains terms which
630 + differ from this License.
631 +
632 +5. DISCLAIMER OF WARRANTY.
633 +
634 +COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
635 +WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
636 +WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
637 +DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING.
638 +THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED
639 +SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN
640 +ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR)
641 +ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
642 +DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
643 +NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER
644 +THIS DISCLAIMER.
645 +
646 +6. TERMINATION.
647 +
648 + 6.1. This License and the rights granted hereunder will terminate
649 + automatically if You fail to comply with terms herein and fail to
650 + cure such breach within 30 days of becoming aware of the breach.
651 + Provisions which, by their nature, must remain in effect beyond
652 + the termination of this License shall survive.
653 +
654 + 6.2. If You assert a patent infringement claim (excluding
655 + declaratory judgment actions) against Initial Developer or a
656 + Contributor (the Initial Developer or Contributor against whom
657 + You assert such claim is referred to as "Participant") alleging
658 + that the Participant Software (meaning the Contributor Version
659 + where the Participant is a Contributor or the Original Software
660 + where the Participant is the Initial Developer) directly or
661 + indirectly infringes any patent, then any and all rights granted
662 + directly or indirectly to You by such Participant, the Initial
663 + Developer (if the Initial Developer is not the Participant) and
664 + all Contributors under Sections 2.1 and/or 2.2 of this License
665 + shall, upon 60 days notice from Participant terminate
666 + prospectively and automatically at the expiration of such 60 day
667 + notice period, unless if within such 60 day period You withdraw
668 + Your claim with respect to the Participant Software against such
669 + Participant either unilaterally or pursuant to a written
670 + agreement with Participant.
671 +
672 + 6.3. In the event of termination under Sections 6.1 or 6.2 above,
673 + all end user licenses that have been validly granted by You or
674 + any distributor hereunder prior to termination (excluding
675 + licenses granted to You by any distributor) shall survive
676 + termination.
677 +
678 +7. LIMITATION OF LIABILITY.
679 +
680 +UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
681 +(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
682 +DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
683 +SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
684 +PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
685 +OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
686 +PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
687 +MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
688 +IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
689 +DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
690 +DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
691 +EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
692 +NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
693 +DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
694 +
695 +8. U.S. GOVERNMENT END USERS.
696 +
697 +The Covered Software is a "commercial item," as that term is defined
698 +in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
699 +software" (as that term is defined at 48 C.F.R. § 252.227-7014(a)(1))
700 +and "commercial computer software documentation" as such terms are
701 +used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
702 +12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
703 +U.S. Government End Users acquire Covered Software with only those
704 +rights set forth herein. This U.S. Government Rights clause is in lieu
705 +of, and supersedes, any other FAR, DFAR, or other clause or provision
706 +that addresses Government rights in computer software under this
707 +License.
708 +
709 +9. MISCELLANEOUS.
710 +
711 +This License represents the complete agreement concerning subject
712 +matter hereof. If any provision of this License is held to be
713 +unenforceable, such provision shall be reformed only to the extent
714 +necessary to make it enforceable. This License shall be governed by
715 +the law of the jurisdiction specified in a notice contained within the
716 +Original Software (except to the extent applicable law, if any,
717 +provides otherwise), excluding such jurisdiction's conflict-of-law
718 +provisions. Any litigation relating to this License shall be subject
719 +to the jurisdiction of the courts located in the jurisdiction and
720 +venue specified in a notice contained within the Original Software,
721 +with the losing party responsible for costs, including, without
722 +limitation, court costs and reasonable attorneys' fees and expenses.
723 +The application of the United Nations Convention on Contracts for the
724 +International Sale of Goods is expressly excluded. Any law or
725 +regulation which provides that the language of a contract shall be
726 +construed against the drafter shall not apply to this License. You
727 +agree that You alone are responsible for compliance with the United
728 +States export administration regulations (and the export control laws
729 +and regulation of any other countries) when You use, distribute or
730 +otherwise make available any Covered Software.
731 +
732 +10. RESPONSIBILITY FOR CLAIMS.
733 +
734 +As between Initial Developer and the Contributors, each party is
735 +responsible for claims and damages arising, directly or indirectly,
736 +out of its utilization of rights under this License and You agree to
737 +work with Initial Developer and Contributors to distribute such
738 +responsibility on an equitable basis. Nothing herein is intended or
739 +shall be deemed to constitute any admission of liability.