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heirloom base
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OPENSOLARIS.LICENSE (18943B)


      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.