xnu-4570.41.2.tar.gz

[apple/xnu.git] / tools / tests / libMicro / OPENSOLARIS.LICENSE

Unless otherwise noted, all files in this distribution are released
under the Common Development and Distribution License (CDDL),
Version 1.0 only.  Exceptions are noted within the associated
source files.

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COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0

1. Definitions.

    1.1. "Contributor" means each individual or entity that creates
         or contributes to the creation of Modifications.

    1.2. "Contributor Version" means the combination of the Original
         Software, prior Modifications used by a Contributor (if any),
         and the Modifications made by that particular Contributor.

    1.3. "Covered Software" means (a) the Original Software, or (b)
         Modifications, or (c) the combination of files containing
         Original Software with files containing Modifications, in
         each case including portions thereof.

    1.4. "Executable" means the Covered Software in any form other
         than Source Code.

    1.5. "Initial Developer" means the individual or entity that first
         makes Original Software available under this License.

    1.6. "Larger Work" means a work which combines Covered Software or
         portions thereof with code not governed by the terms of this
         License.

    1.7. "License" means this document.

    1.8. "Licensable" means having the right to grant, to the maximum
         extent possible, whether at the time of the initial grant or
         subsequently acquired, any and all of the rights conveyed
         herein.

    1.9. "Modifications" means the Source Code and Executable form of
         any of the following:

        A. Any file that results from an addition to, deletion from or
           modification of the contents of a file containing Original
           Software or previous Modifications;

        B. Any new file that contains any part of the Original
           Software or previous Modifications; or

        C. Any new file that is contributed or otherwise made
           available under the terms of this License.

    1.10. "Original Software" means the Source Code and Executable
          form of computer software code that is originally released
          under this License.

    1.11. "Patent Claims" means any patent claim(s), now owned or
          hereafter acquired, including without limitation, method,
          process, and apparatus claims, in any patent Licensable by
          grantor.

    1.12. "Source Code" means (a) the common form of computer software
          code in which modifications are made and (b) associated
          documentation included in or with such code.

    1.13. "You" (or "Your") means an individual or a legal entity
          exercising rights under, and complying with all of the terms
          of, this License.  For legal entities, "You" includes any
          entity which controls, is controlled by, or is under common
          control with You.  For purposes of this definition,
          "control" means (a) the power, direct or indirect, to cause
          the direction or management of such entity, whether by
          contract or otherwise, or (b) ownership of more than fifty
          percent (50%) of the outstanding shares or beneficial
          ownership of such entity.

2. License Grants.

    2.1. The Initial Developer Grant.

    Conditioned upon Your compliance with Section 3.1 below and
    subject to third party intellectual property claims, the Initial
    Developer hereby grants You a world-wide, royalty-free,
    non-exclusive license:

        (a) under intellectual property rights (other than patent or
            trademark) Licensable by Initial Developer, to use,
            reproduce, modify, display, perform, sublicense and
            distribute the Original Software (or portions thereof),
            with or without Modifications, and/or as part of a Larger
            Work; and

        (b) under Patent Claims infringed by the making, using or
            selling of Original Software, to make, have made, use,
            practice, sell, and offer for sale, and/or otherwise
            dispose of the Original Software (or portions thereof).

        (c) The licenses granted in Sections 2.1(a) and (b) are
            effective on the date Initial Developer first distributes
            or otherwise makes the Original Software available to a
            third party under the terms of this License.

        (d) Notwithstanding Section 2.1(b) above, no patent license is
            granted: (1) for code that You delete from the Original
            Software, or (2) for infringements caused by: (i) the
            modification of the Original Software, or (ii) the
            combination of the Original Software with other software
            or devices.

    2.2. Contributor Grant.

    Conditioned upon Your compliance with Section 3.1 below and
    subject to third party intellectual property claims, each
    Contributor hereby grants You a world-wide, royalty-free,
    non-exclusive license:

        (a) under intellectual property rights (other than patent or
            trademark) Licensable by Contributor to use, reproduce,
            modify, display, perform, sublicense and distribute the
            Modifications created by such Contributor (or portions
            thereof), either on an unmodified basis, with other
            Modifications, as Covered Software and/or as part of a
            Larger Work; and

        (b) under Patent Claims infringed by the making, using, or
            selling of Modifications made by that Contributor either
            alone and/or in combination with its Contributor Version
            (or portions of such combination), to make, use, sell,
            offer for sale, have made, and/or otherwise dispose of:
            (1) Modifications made by that Contributor (or portions
            thereof); and (2) the combination of Modifications made by
            that Contributor with its Contributor Version (or portions
            of such combination).

        (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
            effective on the date Contributor first distributes or
            otherwise makes the Modifications available to a third
            party.

        (d) Notwithstanding Section 2.2(b) above, no patent license is
            granted: (1) for any code that Contributor has deleted
            from the Contributor Version; (2) for infringements caused
            by: (i) third party modifications of Contributor Version,
            or (ii) the combination of Modifications made by that
            Contributor with other software (except as part of the
            Contributor Version) or other devices; or (3) under Patent
            Claims infringed by Covered Software in the absence of
            Modifications made by that Contributor.

3. Distribution Obligations.

    3.1. Availability of Source Code.

    Any Covered Software that You distribute or otherwise make
    available in Executable form must also be made available in Source
    Code form and that Source Code form must be distributed only under
    the terms of this License.  You must include a copy of this
    License with every copy of the Source Code form of the Covered
    Software You distribute or otherwise make available.  You must
    inform recipients of any such Covered Software in Executable form
    as to how they can obtain such Covered Software in Source Code
    form in a reasonable manner on or through a medium customarily
    used for software exchange.

    3.2. Modifications.

    The Modifications that You create or to which You contribute are
    governed by the terms of this License.  You represent that You
    believe Your Modifications are Your original creation(s) and/or
    You have sufficient rights to grant the rights conveyed by this
    License.

    3.3. Required Notices.

    You must include a notice in each of Your Modifications that
    identifies You as the Contributor of the Modification.  You may
    not remove or alter any copyright, patent or trademark notices
    contained within the Covered Software, or any notices of licensing
    or any descriptive text giving attribution to any Contributor or
    the Initial Developer.

    3.4. Application of Additional Terms.

    You may not offer or impose any terms on any Covered Software in
    Source Code form that alters or restricts the applicable version
    of this License or the recipients' rights hereunder.  You may
    choose to offer, and to charge a fee for, warranty, support,
    indemnity or liability obligations to one or more recipients of
    Covered Software.  However, you may do so only on Your own behalf,
    and not on behalf of the Initial Developer or any Contributor.
    You must make it absolutely clear that any such warranty, support,
    indemnity or liability obligation is offered by You alone, and You
    hereby agree to indemnify the Initial Developer and every
    Contributor for any liability incurred by the Initial Developer or
    such Contributor as a result of warranty, support, indemnity or
    liability terms You offer.

    3.5. Distribution of Executable Versions.

    You may distribute the Executable form of the Covered Software
    under the terms of this License or under the terms of a license of
    Your choice, which may contain terms different from this License,
    provided that You are in compliance with the terms of this License
    and that the license for the Executable form does not attempt to
    limit or alter the recipient's rights in the Source Code form from
    the rights set forth in this License.  If You distribute the
    Covered Software in Executable form under a different license, You
    must make it absolutely clear that any terms which differ from
    this License are offered by You alone, not by the Initial
    Developer or Contributor.  You hereby agree to indemnify the
    Initial Developer and every Contributor for any liability incurred
    by the Initial Developer or such Contributor as a result of any
    such terms You offer.

    3.6. Larger Works.

    You may create a Larger Work by combining Covered Software with
    other code not governed by the terms of this License and
    distribute the Larger Work as a single product.  In such a case,
    You must make sure the requirements of this License are fulfilled
    for the Covered Software.

4. Versions of the License.

    4.1. New Versions.

    Sun Microsystems, Inc. is the initial license steward and may
    publish revised and/or new versions of this License from time to
    time.  Each version will be given a distinguishing version number.
    Except as provided in Section 4.3, no one other than the license
    steward has the right to modify this License.

    4.2. Effect of New Versions.

    You may always continue to use, distribute or otherwise make the
    Covered Software available under the terms of the version of the
    License under which You originally received the Covered Software.
    If the Initial Developer includes a notice in the Original
    Software prohibiting it from being distributed or otherwise made
    available under any subsequent version of the License, You must
    distribute and make the Covered Software available under the terms
    of the version of the License under which You originally received
    the Covered Software.  Otherwise, You may also choose to use,
    distribute or otherwise make the Covered Software available under
    the terms of any subsequent version of the License published by
    the license steward.

    4.3. Modified Versions.

    When You are an Initial Developer and You want to create a new
    license for Your Original Software, You may create and use a
    modified version of this License if You: (a) rename the license
    and remove any references to the name of the license steward
    (except to note that the license differs from this License); and
    (b) otherwise make it clear that the license contains terms which
    differ from this License.

5. DISCLAIMER OF WARRANTY.

    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
    BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
    INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
    SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
    PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
    PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
    COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
    INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
    NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
    WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
    ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
    DISCLAIMER.

6. TERMINATION.

    6.1. This License and the rights granted hereunder will terminate
    automatically if You fail to comply with terms herein and fail to
    cure such breach within 30 days of becoming aware of the breach.
    Provisions which, by their nature, must remain in effect beyond
    the termination of this License shall survive.

    6.2. If You assert a patent infringement claim (excluding
    declaratory judgment actions) against Initial Developer or a
    Contributor (the Initial Developer or Contributor against whom You
    assert such claim is referred to as "Participant") alleging that
    the Participant Software (meaning the Contributor Version where
    the Participant is a Contributor or the Original Software where
    the Participant is the Initial Developer) directly or indirectly
    infringes any patent, then any and all rights granted directly or
    indirectly to You by such Participant, the Initial Developer (if
    the Initial Developer is not the Participant) and all Contributors
    under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
    notice from Participant terminate prospectively and automatically
    at the expiration of such 60 day notice period, unless if within
    such 60 day period You withdraw Your claim with respect to the
    Participant Software against such Participant either unilaterally
    or pursuant to a written agreement with Participant.

    6.3. In the event of termination under Sections 6.1 or 6.2 above,
    all end user licenses that have been validly granted by You or any
    distributor hereunder prior to termination (excluding licenses
    granted to You by any distributor) shall survive termination.

7. LIMITATION OF LIABILITY.

    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
    INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
    COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
    LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
    CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
    LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
    STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
    COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
    INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
    LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
    INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
    APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
    CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
    APPLY TO YOU.

8. U.S. GOVERNMENT END USERS.

    The Covered Software is a "commercial item," as that term is
    defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
    computer software" (as that term is defined at 48
    C.F.R. 252.227-7014(a)(1)) and "commercial computer software
    documentation" as such terms are used in 48 C.F.R. 12.212
    (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
    C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
    U.S. Government End Users acquire Covered Software with only those
    rights set forth herein.  This U.S. Government Rights clause is in
    lieu of, and supersedes, any other FAR, DFAR, or other clause or
    provision that addresses Government rights in computer software
    under this License.

9. MISCELLANEOUS.

    This License represents the complete agreement concerning subject
    matter hereof.  If any provision of this License is held to be
    unenforceable, such provision shall be reformed only to the extent
    necessary to make it enforceable.  This License shall be governed
    by the law of the jurisdiction specified in a notice contained
    within the Original Software (except to the extent applicable law,
    if any, provides otherwise), excluding such jurisdiction's
    conflict-of-law provisions.  Any litigation relating to this
    License shall be subject to the jurisdiction of the courts located
    in the jurisdiction and venue specified in a notice contained
    within the Original Software, with the losing party responsible
    for costs, including, without limitation, court costs and
    reasonable attorneys' fees and expenses.  The application of the
    United Nations Convention on Contracts for the International Sale
    of Goods is expressly excluded.  Any law or regulation which
    provides that the language of a contract shall be construed
    against the drafter shall not apply to this License.  You agree
    that You alone are responsible for compliance with the United
    States export administration regulations (and the export control
    laws and regulation of any other countries) when You use,
    distribute or otherwise make available any Covered Software.

10. RESPONSIBILITY FOR CLAIMS.

    As between Initial Developer and the Contributors, each party is
    responsible for claims and damages arising, directly or
    indirectly, out of its utilization of rights under this License
    and You agree to work with Initial Developer and Contributors to
    distribute such responsibility on an equitable basis.  Nothing
    herein is intended or shall be deemed to constitute any admission
    of liability.

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NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
DISTRIBUTION LICENSE (CDDL)

For Covered Software in this distribution, this License shall
be governed by the laws of the State of California (excluding
conflict-of-law provisions).

Any litigation relating to this License shall be subject to the
jurisdiction of the Federal Courts of the Northern District of
California and the state courts of the State of California, with
venue lying in Santa Clara County, California.