xref: /OpenGrok/LICENSE.txt (revision 6f6ac1ebcbe5f9819ab5b393936ef355b40090e7)
1Unless otherwise noted, all files in this distribution are released
2under the Common Development and Distribution License (CDDL),
3Version 1.0 only.  Exceptions are noted within the associated
4source files.
5Where we have dual MIT and GPL license we choose MIT license.
6File NOTICE.txt contains all notices from apache licensed software we distribute.
7
8--------------------------------------------------------------------
9
10
11COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
12
131. Definitions.
14
15    1.1. "Contributor" means each individual or entity that creates
16         or contributes to the creation of Modifications.
17
18    1.2. "Contributor Version" means the combination of the Original
19         Software, prior Modifications used by a Contributor (if any),
20         and the Modifications made by that particular Contributor.
21
22    1.3. "Covered Software" means (a) the Original Software, or (b)
23         Modifications, or (c) the combination of files containing
24         Original Software with files containing Modifications, in
25         each case including portions thereof.
26
27    1.4. "Executable" means the Covered Software in any form other
28         than Source Code.
29
30    1.5. "Initial Developer" means the individual or entity that first
31         makes Original Software available under this License.
32
33    1.6. "Larger Work" means a work which combines Covered Software or
34         portions thereof with code not governed by the terms of this
35         License.
36
37    1.7. "License" means this document.
38
39    1.8. "Licensable" means having the right to grant, to the maximum
40         extent possible, whether at the time of the initial grant or
41         subsequently acquired, any and all of the rights conveyed
42         herein.
43
44    1.9. "Modifications" means the Source Code and Executable form of
45         any of the following:
46
47        A. Any file that results from an addition to, deletion from or
48           modification of the contents of a file containing Original
49           Software or previous Modifications;
50
51        B. Any new file that contains any part of the Original
52           Software or previous Modifications; or
53
54        C. Any new file that is contributed or otherwise made
55           available under the terms of this License.
56
57    1.10. "Original Software" means the Source Code and Executable
58          form of computer software code that is originally released
59          under this License.
60
61    1.11. "Patent Claims" means any patent claim(s), now owned or
62          hereafter acquired, including without limitation, method,
63          process, and apparatus claims, in any patent Licensable by
64          grantor.
65
66    1.12. "Source Code" means (a) the common form of computer software
67          code in which modifications are made and (b) associated
68          documentation included in or with such code.
69
70    1.13. "You" (or "Your") means an individual or a legal entity
71          exercising rights under, and complying with all of the terms
72          of, this License.  For legal entities, "You" includes any
73          entity which controls, is controlled by, or is under common
74          control with You.  For purposes of this definition,
75          "control" means (a) the power, direct or indirect, to cause
76          the direction or management of such entity, whether by
77          contract or otherwise, or (b) ownership of more than fifty
78          percent (50%) of the outstanding shares or beneficial
79          ownership of such entity.
80
812. License Grants.
82
83    2.1. The Initial Developer Grant.
84
85    Conditioned upon Your compliance with Section 3.1 below and
86    subject to third party intellectual property claims, the Initial
87    Developer hereby grants You a world-wide, royalty-free,
88    non-exclusive license:
89
90        (a) under intellectual property rights (other than patent or
91            trademark) Licensable by Initial Developer, to use,
92            reproduce, modify, display, perform, sublicense and
93            distribute the Original Software (or portions thereof),
94            with or without Modifications, and/or as part of a Larger
95            Work; and
96
97        (b) under Patent Claims infringed by the making, using or
98            selling of Original Software, to make, have made, use,
99            practice, sell, and offer for sale, and/or otherwise
100            dispose of the Original Software (or portions thereof).
101
102        (c) The licenses granted in Sections 2.1(a) and (b) are
103            effective on the date Initial Developer first distributes
104            or otherwise makes the Original Software available to a
105            third party under the terms of this License.
106
107        (d) Notwithstanding Section 2.1(b) above, no patent license is
108            granted: (1) for code that You delete from the Original
109            Software, or (2) for infringements caused by: (i) the
110            modification of the Original Software, or (ii) the
111            combination of the Original Software with other software
112            or devices.
113
114    2.2. Contributor Grant.
115
116    Conditioned upon Your compliance with Section 3.1 below and
117    subject to third party intellectual property claims, each
118    Contributor hereby grants You a world-wide, royalty-free,
119    non-exclusive license:
120
121        (a) under intellectual property rights (other than patent or
122            trademark) Licensable by Contributor to use, reproduce,
123            modify, display, perform, sublicense and distribute the
124            Modifications created by such Contributor (or portions
125            thereof), either on an unmodified basis, with other
126            Modifications, as Covered Software and/or as part of a
127            Larger Work; and
128
129        (b) under Patent Claims infringed by the making, using, or
130            selling of Modifications made by that Contributor either
131            alone and/or in combination with its Contributor Version
132            (or portions of such combination), to make, use, sell,
133            offer for sale, have made, and/or otherwise dispose of:
134            (1) Modifications made by that Contributor (or portions
135            thereof); and (2) the combination of Modifications made by
136            that Contributor with its Contributor Version (or portions
137            of such combination).
138
139        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
140            effective on the date Contributor first distributes or
141            otherwise makes the Modifications available to a third
142            party.
143
144        (d) Notwithstanding Section 2.2(b) above, no patent license is
145            granted: (1) for any code that Contributor has deleted
146            from the Contributor Version; (2) for infringements caused
147            by: (i) third party modifications of Contributor Version,
148            or (ii) the combination of Modifications made by that
149            Contributor with other software (except as part of the
150            Contributor Version) or other devices; or (3) under Patent
151            Claims infringed by Covered Software in the absence of
152            Modifications made by that Contributor.
153
1543. Distribution Obligations.
155
156    3.1. Availability of Source Code.
157
158    Any Covered Software that You distribute or otherwise make
159    available in Executable form must also be made available in Source
160    Code form and that Source Code form must be distributed only under
161    the terms of this License.  You must include a copy of this
162    License with every copy of the Source Code form of the Covered
163    Software You distribute or otherwise make available.  You must
164    inform recipients of any such Covered Software in Executable form
165    as to how they can obtain such Covered Software in Source Code
166    form in a reasonable manner on or through a medium customarily
167    used for software exchange.
168
169    3.2. Modifications.
170
171    The Modifications that You create or to which You contribute are
172    governed by the terms of this License.  You represent that You
173    believe Your Modifications are Your original creation(s) and/or
174    You have sufficient rights to grant the rights conveyed by this
175    License.
176
177    3.3. Required Notices.
178
179    You must include a notice in each of Your Modifications that
180    identifies You as the Contributor of the Modification.  You may
181    not remove or alter any copyright, patent or trademark notices
182    contained within the Covered Software, or any notices of licensing
183    or any descriptive text giving attribution to any Contributor or
184    the Initial Developer.
185
186    3.4. Application of Additional Terms.
187
188    You may not offer or impose any terms on any Covered Software in
189    Source Code form that alters or restricts the applicable version
190    of this License or the recipients' rights hereunder.  You may
191    choose to offer, and to charge a fee for, warranty, support,
192    indemnity or liability obligations to one or more recipients of
193    Covered Software.  However, you may do so only on Your own behalf,
194    and not on behalf of the Initial Developer or any Contributor.
195    You must make it absolutely clear that any such warranty, support,
196    indemnity or liability obligation is offered by You alone, and You
197    hereby agree to indemnify the Initial Developer and every
198    Contributor for any liability incurred by the Initial Developer or
199    such Contributor as a result of warranty, support, indemnity or
200    liability terms You offer.
201
202    3.5. Distribution of Executable Versions.
203
204    You may distribute the Executable form of the Covered Software
205    under the terms of this License or under the terms of a license of
206    Your choice, which may contain terms different from this License,
207    provided that You are in compliance with the terms of this License
208    and that the license for the Executable form does not attempt to
209    limit or alter the recipient's rights in the Source Code form from
210    the rights set forth in this License.  If You distribute the
211    Covered Software in Executable form under a different license, You
212    must make it absolutely clear that any terms which differ from
213    this License are offered by You alone, not by the Initial
214    Developer or Contributor.  You hereby agree to indemnify the
215    Initial Developer and every Contributor for any liability incurred
216    by the Initial Developer or such Contributor as a result of any
217    such terms You offer.
218
219    3.6. Larger Works.
220
221    You may create a Larger Work by combining Covered Software with
222    other code not governed by the terms of this License and
223    distribute the Larger Work as a single product.  In such a case,
224    You must make sure the requirements of this License are fulfilled
225    for the Covered Software.
226
2274. Versions of the License.
228
229    4.1. New Versions.
230
231    Sun Microsystems, Inc. is the initial license steward and may
232    publish revised and/or new versions of this License from time to
233    time.  Each version will be given a distinguishing version number.
234    Except as provided in Section 4.3, no one other than the license
235    steward has the right to modify this License.
236
237    4.2. Effect of New Versions.
238
239    You may always continue to use, distribute or otherwise make the
240    Covered Software available under the terms of the version of the
241    License under which You originally received the Covered Software.
242    If the Initial Developer includes a notice in the Original
243    Software prohibiting it from being distributed or otherwise made
244    available under any subsequent version of the License, You must
245    distribute and make the Covered Software available under the terms
246    of the version of the License under which You originally received
247    the Covered Software.  Otherwise, You may also choose to use,
248    distribute or otherwise make the Covered Software available under
249    the terms of any subsequent version of the License published by
250    the license steward.
251
252    4.3. Modified Versions.
253
254    When You are an Initial Developer and You want to create a new
255    license for Your Original Software, You may create and use a
256    modified version of this License if You: (a) rename the license
257    and remove any references to the name of the license steward
258    (except to note that the license differs from this License); and
259    (b) otherwise make it clear that the license contains terms which
260    differ from this License.
261
2625. DISCLAIMER OF WARRANTY.
263
264    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
265    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
266    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
267    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
268    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
269    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
270    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
271    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
272    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
273    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
274    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
275    DISCLAIMER.
276
2776. 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 breach.
282    Provisions which, by their nature, must remain in effect beyond
283    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
290    the Participant is a Contributor or the Original Software where
291    the 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
3077. LIMITATION OF LIABILITY.
308
309    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
310    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
311    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
312    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
313    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
314    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
315    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
316    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
317    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
318    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
319    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
320    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
321    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
322    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
323    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
324    APPLY TO YOU.
325
3268. U.S. GOVERNMENT END USERS.
327
328    The Covered Software is a "commercial item," as that term is
329    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
330    computer software" (as that term is defined at 48
331    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
332    documentation" as such terms are used in 48 C.F.R. 12.212
333    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
334    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
335    U.S. Government End Users acquire Covered Software with only those
336    rights set forth herein.  This U.S. Government Rights clause is in
337    lieu of, and supersedes, any other FAR, DFAR, or other clause or
338    provision that addresses Government rights in computer software
339    under this License.
340
3419. MISCELLANEOUS.
342
343    This License represents the complete agreement concerning subject
344    matter hereof.  If any provision of this License is held to be
345    unenforceable, such provision shall be reformed only to the extent
346    necessary to make it enforceable.  This License shall be governed
347    by the law of the jurisdiction specified in a notice contained
348    within the Original Software (except to the extent applicable law,
349    if any, provides otherwise), excluding such jurisdiction's
350    conflict-of-law provisions.  Any litigation relating to this
351    License shall be subject to the jurisdiction of the courts located
352    in the jurisdiction and venue specified in a notice contained
353    within the Original Software, with the losing party responsible
354    for costs, including, without limitation, court costs and
355    reasonable attorneys' fees and expenses.  The application of the
356    United Nations Convention on Contracts for the International Sale
357    of Goods is expressly excluded.  Any law or regulation which
358    provides that the language of a contract shall be construed
359    against the drafter shall not apply to this License.  You agree
360    that You alone are responsible for compliance with the United
361    States export administration regulations (and the export control
362    laws and regulation of any other countries) when You use,
363    distribute or otherwise make available any Covered Software.
364
36510. RESPONSIBILITY FOR CLAIMS.
366
367    As between Initial Developer and the Contributors, each party is
368    responsible for claims and damages arising, directly or
369    indirectly, out of its utilization of rights under this License
370    and You agree to work with Initial Developer and Contributors to
371    distribute such responsibility on an equitable basis.  Nothing
372    herein is intended or shall be deemed to constitute any admission
373    of liability.
374
375--------------------------------------------------------------------
376
377NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
378DISTRIBUTION LICENSE (CDDL)
379
380For Covered Software in this distribution, this License shall
381be governed by the laws of the State of California (excluding
382conflict-of-law provisions).
383
384Any litigation relating to this License shall be subject to the
385jurisdiction of the Federal Courts of the Northern District of
386California and the state courts of the State of California, with
387venue lying in Santa Clara County, California.
388