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authorIgor Pashev <igor.pashev@nexenta.com>2012-12-18 12:04:39 +0400
committerIgor Pashev <igor.pashev@nexenta.com>2012-12-18 12:04:39 +0400
commit78e72b99085c8aabdb4382bca7b084f921cd6213 (patch)
tree833b3c940a4c4f4e3ea2913c4fa71e7f69e2b2c3 /LICENSE
parente43b35560c3fc822f289b62222ff2870af635a29 (diff)
downloadcibs-78e72b99085c8aabdb4382bca7b084f921cd6213.tar.gz
Publish CIBSv0.1.0
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+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 Workmeans 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)
+areeffective 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 recipients 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
+PARTYS 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 jurisdictions 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.
+
+----------------------------------------------------------------
+
+NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
+DISTRIBUTION LICENSE (CDDL): This code is released under the
+CDDL and 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.
+
+----------------------------------------------------------------
+