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diff --git a/usr/src/OPENSOLARIS.LICENSE b/usr/src/OPENSOLARIS.LICENSE new file mode 100644 index 0000000..8ce4411 --- /dev/null +++ b/usr/src/OPENSOLARIS.LICENSE @@ -0,0 +1,242 @@ + 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. If You assert a patent infringement claim against Participant alleging that the Participant Software directly + or indirectly infringes any patent where such claim is resolved (such as by license or settlement) prior to the + initiation of patent infringement litigation, then the reasonable value of the licenses granted by such Participant + under Sections 2.1 or 2.2 shall be taken into account in determining the amount or value of any payment or license. + + 6.4. 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 +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. + +-------- + +NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION +LICENSE (CDDL) + +The OpenSolaris code released under the CDDL 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. + |