xref: /kernel/linux/linux-5.10/LICENSES/dual/CDDL-1.0

Valid-License-Identifier: CDDL-1.0
SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
Usage-Guide:
  Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for
  dual-licensed files where the other license is GPL2 compatible.
  If you end up using this it MUST be used together with a GPL2 compatible
  license using "OR".
  To use the Common Development and Distribution License 1.0 put the
  following SPDX tag/value pair into a comment according to the placement
  guidelines in the licensing rules documentation:
    SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)

License-Text:

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.