tools/tests/libMicro/OPENSOLARIS.LICENSE

   1 Unless otherwise noted, all files in this distribution are released
   2 under the Common Development and Distribution License (CDDL),
   3 Version 1.0 only.  Exceptions are noted within the associated
   4 source files.
   5
   6 --------------------------------------------------------------------
   7
   8
   9 COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
  10
  11 1. Definitions.
  12
  13     1.1. "Contributor" means each individual or entity that creates
  14          or contributes to the creation of Modifications.
  15
  16     1.2. "Contributor Version" means the combination of the Original
  17          Software, prior Modifications used by a Contributor (if any),
  18          and the Modifications made by that particular Contributor.
  19
  20     1.3. "Covered Software" means (a) the Original Software, or (b)
  21          Modifications, or (c) the combination of files containing
  22          Original Software with files containing Modifications, in
  23          each case including portions thereof.
  24
  25     1.4. "Executable" means the Covered Software in any form other
  26          than Source Code.
  27
  28     1.5. "Initial Developer" means the individual or entity that first
  29          makes Original Software available under this License.
  30
  31     1.6. "Larger Work" means a work which combines Covered Software or
  32          portions thereof with code not governed by the terms of this
  33          License.
  34
  35     1.7. "License" means this document.
  36
  37     1.8. "Licensable" means having the right to grant, to the maximum
  38          extent possible, whether at the time of the initial grant or
  39          subsequently acquired, any and all of the rights conveyed
  40          herein.
  41
  42     1.9. "Modifications" means the Source Code and Executable form of
  43          any of the following:
  44
  45         A. Any file that results from an addition to, deletion from or
  46            modification of the contents of a file containing Original
  47            Software or previous Modifications;
  48
  49         B. Any new file that contains any part of the Original
  50            Software or previous Modifications; or
  51
  52         C. Any new file that is contributed or otherwise made
  53            available under the terms of this License.
  54
  55     1.10. "Original Software" means the Source Code and Executable
  56           form of computer software code that is originally released
  57           under this License.
  58
  59     1.11. "Patent Claims" means any patent claim(s), now owned or
  60           hereafter acquired, including without limitation, method,
  61           process, and apparatus claims, in any patent Licensable by
  62           grantor.
  63
  64     1.12. "Source Code" means (a) the common form of computer software
  65           code in which modifications are made and (b) associated
  66           documentation included in or with such code.
  67
  68     1.13. "You" (or "Your") means an individual or a legal entity
  69           exercising rights under, and complying with all of the terms
  70           of, this License.  For legal entities, "You" includes any
  71           entity which controls, is controlled by, or is under common
  72           control with You.  For purposes of this definition,
  73           "control" means (a) the power, direct or indirect, to cause
  74           the direction or management of such entity, whether by
  75           contract or otherwise, or (b) ownership of more than fifty
  76           percent (50%) of the outstanding shares or beneficial
  77           ownership of such entity.
  78
  79 2. License Grants.
  80
  81     2.1. The Initial Developer Grant.
  82
  83     Conditioned upon Your compliance with Section 3.1 below and
  84     subject to third party intellectual property claims, the Initial
  85     Developer hereby grants You a world-wide, royalty-free,
  86     non-exclusive license:
  87
  88         (a) under intellectual property rights (other than patent or
  89             trademark) Licensable by Initial Developer, to use,
  90             reproduce, modify, display, perform, sublicense and
  91             distribute the Original Software (or portions thereof),
  92             with or without Modifications, and/or as part of a Larger
  93             Work; and
  94
  95         (b) under Patent Claims infringed by the making, using or
  96             selling of Original Software, to make, have made, use,
  97             practice, sell, and offer for sale, and/or otherwise
  98             dispose of the Original Software (or portions thereof).
  99
 100         (c) The licenses granted in Sections 2.1(a) and (b) are
 101             effective on the date Initial Developer first distributes
 102             or otherwise makes the Original Software available to a
 103             third party under the terms of this License.
 104
 105         (d) Notwithstanding Section 2.1(b) above, no patent license is
 106             granted: (1) for code that You delete from the Original
 107             Software, or (2) for infringements caused by: (i) the
 108             modification of the Original Software, or (ii) the
 109             combination of the Original Software with other software
 110             or devices.
 111
 112     2.2. Contributor Grant.
 113
 114     Conditioned upon Your compliance with Section 3.1 below and
 115     subject to third party intellectual property claims, each
 116     Contributor hereby grants You a world-wide, royalty-free,
 117     non-exclusive license:
 118
 119         (a) under intellectual property rights (other than patent or
 120             trademark) Licensable by Contributor to use, reproduce,
 121             modify, display, perform, sublicense and distribute the
 122             Modifications created by such Contributor (or portions
 123             thereof), either on an unmodified basis, with other
 124             Modifications, as Covered Software and/or as part of a
 125             Larger Work; and
 126
 127         (b) under Patent Claims infringed by the making, using, or
 128             selling of Modifications made by that Contributor either
 129             alone and/or in combination with its Contributor Version
 130             (or portions of such combination), to make, use, sell,
 131             offer for sale, have made, and/or otherwise dispose of:
 132             (1) Modifications made by that Contributor (or portions
 133             thereof); and (2) the combination of Modifications made by
 134             that Contributor with its Contributor Version (or portions
 135             of such combination).
 136
 137         (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
 138             effective on the date Contributor first distributes or
 139             otherwise makes the Modifications available to a third
 140             party.
 141
 142         (d) Notwithstanding Section 2.2(b) above, no patent license is
 143             granted: (1) for any code that Contributor has deleted
 144             from the Contributor Version; (2) for infringements caused
 145             by: (i) third party modifications of Contributor Version,
 146             or (ii) the combination of Modifications made by that
 147             Contributor with other software (except as part of the
 148             Contributor Version) or other devices; or (3) under Patent
 149             Claims infringed by Covered Software in the absence of
 150             Modifications made by that Contributor.
 151
 152 3. Distribution Obligations.
 153
 154     3.1. Availability of Source Code.
 155
 156     Any Covered Software that You distribute or otherwise make
 157     available in Executable form must also be made available in Source
 158     Code form and that Source Code form must be distributed only under
 159     the terms of this License.  You must include a copy of this
 160     License with every copy of the Source Code form of the Covered
 161     Software You distribute or otherwise make available.  You must
 162     inform recipients of any such Covered Software in Executable form
 163     as to how they can obtain such Covered Software in Source Code
 164     form in a reasonable manner on or through a medium customarily
 165     used for software exchange.
 166
 167     3.2. Modifications.
 168
 169     The Modifications that You create or to which You contribute are
 170     governed by the terms of this License.  You represent that You
 171     believe Your Modifications are Your original creation(s) and/or
 172     You have sufficient rights to grant the rights conveyed by this
 173     License.
 174
 175     3.3. Required Notices.
 176
 177     You must include a notice in each of Your Modifications that
 178     identifies You as the Contributor of the Modification.  You may
 179     not remove or alter any copyright, patent or trademark notices
 180     contained within the Covered Software, or any notices of licensing
 181     or any descriptive text giving attribution to any Contributor or
 182     the Initial Developer.
 183
 184     3.4. Application of Additional Terms.
 185
 186     You may not offer or impose any terms on any Covered Software in
 187     Source Code form that alters or restricts the applicable version
 188     of this License or the recipients' rights hereunder.  You may
 189     choose to offer, and to charge a fee for, warranty, support,
 190     indemnity or liability obligations to one or more recipients of
 191     Covered Software.  However, you may do so only on Your own behalf,
 192     and not on behalf of the Initial Developer or any Contributor.
 193     You must make it absolutely clear that any such warranty, support,
 194     indemnity or liability obligation is offered by You alone, and You
 195     hereby agree to indemnify the Initial Developer and every
 196     Contributor for any liability incurred by the Initial Developer or
 197     such Contributor as a result of warranty, support, indemnity or
 198     liability terms You offer.
 199
 200     3.5. Distribution of Executable Versions.
 201
 202     You may distribute the Executable form of the Covered Software
 203     under the terms of this License or under the terms of a license of
 204     Your choice, which may contain terms different from this License,
 205     provided that You are in compliance with the terms of this License
 206     and that the license for the Executable form does not attempt to
 207     limit or alter the recipient's rights in the Source Code form from
 208     the rights set forth in this License.  If You distribute the
 209     Covered Software in Executable form under a different license, You
 210     must make it absolutely clear that any terms which differ from
 211     this License are offered by You alone, not by the Initial
 212     Developer or Contributor.  You hereby agree to indemnify the
 213     Initial Developer and every Contributor for any liability incurred
 214     by the Initial Developer or such Contributor as a result of any
 215     such terms You offer.
 216
 217     3.6. Larger Works.
 218
 219     You may create a Larger Work by combining Covered Software with
 220     other code not governed by the terms of this License and
 221     distribute the Larger Work as a single product.  In such a case,
 222     You must make sure the requirements of this License are fulfilled
 223     for the Covered Software.
 224
 225 4. Versions of the License.
 226
 227     4.1. New Versions.
 228
 229     Sun Microsystems, Inc. is the initial license steward and may
 230     publish revised and/or new versions of this License from time to
 231     time.  Each version will be given a distinguishing version number.
 232     Except as provided in Section 4.3, no one other than the license
 233     steward has the right to modify this License.
 234
 235     4.2. Effect of New Versions.
 236
 237     You may always continue to use, distribute or otherwise make the
 238     Covered Software available under the terms of the version of the
 239     License under which You originally received the Covered Software.
 240     If the Initial Developer includes a notice in the Original
 241     Software prohibiting it from being distributed or otherwise made
 242     available under any subsequent version of the License, You must
 243     distribute and make the Covered Software available under the terms
 244     of the version of the License under which You originally received
 245     the Covered Software.  Otherwise, You may also choose to use,
 246     distribute or otherwise make the Covered Software available under
 247     the terms of any subsequent version of the License published by
 248     the license steward.
 249
 250     4.3. Modified Versions.
 251
 252     When You are an Initial Developer and You want to create a new
 253     license for Your Original Software, You may create and use a
 254     modified version of this License if You: (a) rename the license
 255     and remove any references to the name of the license steward
 256     (except to note that the license differs from this License); and
 257     (b) otherwise make it clear that the license contains terms which
 258     differ from this License.
 259
 260 5. DISCLAIMER OF WARRANTY.
 261
 262     COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
 263     BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
 264     INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
 265     SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
 266     PURPOSE OR NON-INFRINGING.  THE ENTIRE RISK AS TO THE QUALITY AND
 267     PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU.  SHOULD ANY
 268     COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
 269     INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
 270     NECESSARY SERVICING, REPAIR OR CORRECTION.  THIS DISCLAIMER OF
 271     WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.  NO USE OF
 272     ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
 273     DISCLAIMER.
 274
 275 6. TERMINATION.
 276
 277     6.1. This License and the rights granted hereunder will terminate
 278     automatically if You fail to comply with terms herein and fail to
 279     cure such breach within 30 days of becoming aware of the breach.
 280     Provisions which, by their nature, must remain in effect beyond
 281     the termination of this License shall survive.
 282
 283     6.2. If You assert a patent infringement claim (excluding
 284     declaratory judgment actions) against Initial Developer or a
 285     Contributor (the Initial Developer or Contributor against whom You
 286     assert such claim is referred to as "Participant") alleging that
 287     the Participant Software (meaning the Contributor Version where
 288     the Participant is a Contributor or the Original Software where
 289     the Participant is the Initial Developer) directly or indirectly
 290     infringes any patent, then any and all rights granted directly or
 291     indirectly to You by such Participant, the Initial Developer (if
 292     the Initial Developer is not the Participant) and all Contributors
 293     under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
 294     notice from Participant terminate prospectively and automatically
 295     at the expiration of such 60 day notice period, unless if within
 296     such 60 day period You withdraw Your claim with respect to the
 297     Participant Software against such Participant either unilaterally
 298     or pursuant to a written agreement with Participant.
 299
 300     6.3. In the event of termination under Sections 6.1 or 6.2 above,
 301     all end user licenses that have been validly granted by You or any
 302     distributor hereunder prior to termination (excluding licenses
 303     granted to You by any distributor) shall survive termination.
 304
 305 7. LIMITATION OF LIABILITY.
 306
 307     UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
 308     (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
 309     INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
 310     COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
 311     LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
 312     CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
 313     LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
 314     STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
 315     COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
 316     INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  THIS LIMITATION OF
 317     LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
 318     INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
 319     APPLICABLE LAW PROHIBITS SUCH LIMITATION.  SOME JURISDICTIONS DO
 320     NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
 321     CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
 322     APPLY TO YOU.
 323
 324 8. U.S. GOVERNMENT END USERS.
 325
 326     The Covered Software is a "commercial item," as that term is
 327     defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
 328     computer software" (as that term is defined at 48
 329     C.F.R. 252.227-7014(a)(1)) and "commercial computer software
 330     documentation" as such terms are used in 48 C.F.R. 12.212
 331     (Sept. 1995).  Consistent with 48 C.F.R. 12.212 and 48
 332     C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
 333     U.S. Government End Users acquire Covered Software with only those
 334     rights set forth herein.  This U.S. Government Rights clause is in
 335     lieu of, and supersedes, any other FAR, DFAR, or other clause or
 336     provision that addresses Government rights in computer software
 337     under this License.
 338
 339 9. MISCELLANEOUS.
 340
 341     This License represents the complete agreement concerning subject
 342     matter hereof.  If any provision of this License is held to be
 343     unenforceable, such provision shall be reformed only to the extent
 344     necessary to make it enforceable.  This License shall be governed
 345     by the law of the jurisdiction specified in a notice contained
 346     within the Original Software (except to the extent applicable law,
 347     if any, provides otherwise), excluding such jurisdiction's
 348     conflict-of-law provisions.  Any litigation relating to this
 349     License shall be subject to the jurisdiction of the courts located
 350     in the jurisdiction and venue specified in a notice contained
 351     within the Original Software, with the losing party responsible
 352     for costs, including, without limitation, court costs and
 353     reasonable attorneys' fees and expenses.  The application of the
 354     United Nations Convention on Contracts for the International Sale
 355     of Goods is expressly excluded.  Any law or regulation which
 356     provides that the language of a contract shall be construed
 357     against the drafter shall not apply to this License.  You agree
 358     that You alone are responsible for compliance with the United
 359     States export administration regulations (and the export control
 360     laws and regulation of any other countries) when You use,
 361     distribute or otherwise make available any Covered Software.
 362
 363 10. RESPONSIBILITY FOR CLAIMS.
 364
 365     As between Initial Developer and the Contributors, each party is
 366     responsible for claims and damages arising, directly or
 367     indirectly, out of its utilization of rights under this License
 368     and You agree to work with Initial Developer and Contributors to
 369     distribute such responsibility on an equitable basis.  Nothing
 370     herein is intended or shall be deemed to constitute any admission
 371     of liability.
 372
 373 --------------------------------------------------------------------
 374
 375 NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
 376 DISTRIBUTION LICENSE (CDDL)
 377
 378 For Covered Software in this distribution, this License shall
 379 be governed by the laws of the State of California (excluding
 380 conflict-of-law provisions).
 381
 382 Any litigation relating to this License shall be subject to the
 383 jurisdiction of the Federal Courts of the Northern District of
 384 California and the state courts of the State of California, with
 385 venue lying in Santa Clara County, California.