diff options
author | Igor Pashev <igor.pashev@nexenta.com> | 2012-12-18 12:04:39 +0400 |
---|---|---|
committer | Igor Pashev <igor.pashev@nexenta.com> | 2012-12-18 12:04:39 +0400 |
commit | 78e72b99085c8aabdb4382bca7b084f921cd6213 (patch) | |
tree | 833b3c940a4c4f4e3ea2913c4fa71e7f69e2b2c3 /LICENSE | |
parent | e43b35560c3fc822f289b62222ff2870af635a29 (diff) | |
download | cibs-78e72b99085c8aabdb4382bca7b084f921cd6213.tar.gz |
Publish CIBSv0.1.0
Diffstat (limited to 'LICENSE')
-rw-r--r-- | LICENSE | 340 |
1 files changed, 340 insertions, 0 deletions
@@ -0,0 +1,340 @@ +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. + +---------------------------------------------------------------- + |