• COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)

    Common Development and Distribution License (CDDL) is a free software license, produced by Sun Microsystems, based on the Mozilla Public License (MPL), version 1.1.

    http://www.opensource.org/licenses/cddl1.php

    One of the reasons for basing the CDDL on the Mozilla license was that the Mozilla license is GPL-incompatible. see http://en.wikipedia.org/wiki/Common_...ty_controversy


    COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) 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 Modification; 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.