key: cddl-1.0
short_name: CDDL 1.0
name: Common Development and Distribution License 1.0
category: Copyleft Limited
owner: Oracle Corporation
homepage_url: http://www.sun.com/cddl/
notes: |
  Per SPDX.org, this license was released 24 January 2004. This license is
  OSI certified.
spdx_license_key: CDDL-1.0
osi_license_key: CDDL-1.0
text_urls:
  - http://www.opensolaris.org/os/licensing/cddllicense.txt
  - http://www.sun.com/cddl/cddl.html
osi_url: http://www.opensource.org/licenses/cddl1.txt
faq_url: http://www.opensolaris.org/os/about/faq/licensing_faq/
other_urls:
  - http://www.gnu.org/licenses/license-list.html#CDDL
  - http://www.opensource.org/licenses/cddl1
  - http://www.oracle.com/us/sun/index.html
  - https://glassfish.dev.java.net/public/CDDLv1.0.html
  - https://opensource.org/licenses/cddl1
text: "COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 \n\n1. Definitions.\n\n\
  1.1. Contributor means each individual or entity that creates or contributes to the creation\
  \ of Modifications.\n\n1.2. 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.\n\n1.3. 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.\n\n1.4. Executable means the Covered Software in\
  \ any form other than Source Code.\n\n1.5. Initial Developer means the individual or entity\
  \ that first makes Original Software available under this License.\n\n1.6. Larger Work means\
  \ a work which combines Covered Software or portions thereof with code not governed by the\
  \ terms of this License.\n\n1.7. License means this document.\n\n1.8. 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.\n\n1.9. 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.\n\n1.10. Original Software means the Source\
  \ Code and Executable form of computer software code that is originally released under this\
  \ License.\n\n1.11. 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.\n\n1.12. 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.\n\
  \n1.13. 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.\n\n2. License Grants.\n\
  \n 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:\n\n(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\n\n(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);\n\n (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;\n\n (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.\n\n2.2.\
  \ 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:\n\n(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\n\n(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).\n\n(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.\n\n(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.\n\n3. Distribution\
  \ Obligations.\n\n3.1. 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.\n\
  \n3.2. 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.\n\n3.3. 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.\n\n3.4. 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.\n\n3.5. 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.\n\n3.6. 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.\n\n4. Versions of the\
  \ License.\n\n4.1. 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.\n\n4.2. 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.\n\n4.3. 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.\n\n5. 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.\n\n6.\
  \ TERMINATION.\n\n6.1. 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.\n\n6.2. 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.\n\n6.3. 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.\n\n7. 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.\n\n8. 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.\n\n9. 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.\n\n10. 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.\n\nNOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION\
  \ LICENSE (CDDL) The 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."
