xref: /openbmc/linux/LICENSES/dual/CDDL-1.0 (revision adb57164)
1Valid-License-Identifier: CDDL-1.0
2SPDX-URL: https://spdx.org/licenses/CDDL-1.0.html
3Usage-Guide:
4  Do NOT use. The CDDL-1.0 is not GPL2 compatible. It may only be used for
5  dual-licensed files where the other license is GPL2 compatible.
6  If you end up using this it MUST be used together with a GPL2 compatible
7  license using "OR".
8  To use the Common Development and Distribution License 1.0 put the
9  following SPDX tag/value pair into a comment according to the placement
10  guidelines in the licensing rules documentation:
11    SPDX-License-Identifier: ($GPL-COMPATIBLE-ID OR CDDL-1.0)
12
13License-Text:
14
15COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
16Version 1.0
17
18    1. Definitions.
19
20        1.1. "Contributor" means each individual or entity that creates or
21             contributes to the creation of Modifications.
22
23        1.2. "Contributor Version" means the combination of the Original
24	     Software, prior Modifications used by a Contributor (if any),
25	     and the Modifications made by that particular Contributor.
26
27        1.3. "Covered Software" means (a) the Original Software, or (b)
28             Modifications, or (c) the combination of files containing
29             Original Software with files containing Modifications, in each
30             case including portions thereof.
31
32	1.4. "Executable" means the Covered Software in any form other than
33             Source Code.
34
35        1.5. "Initial Developer" means the individual or entity that first
36             makes Original Software available under this License.
37
38        1.6. "Larger Work" means a work which combines Covered Software or
39             portions thereof with code not governed by the terms of this
40             License.
41
42        1.7. "License" means this document.
43
44        1.8. "Licensable" means having the right to grant, to the maximum
45             extent possible, whether at the time of the initial grant or
46             subsequently acquired, any and all of the rights conveyed herein.
47
48        1.9. "Modifications" means the Source Code and Executable form of
49             any of the following:
50
51            A. Any file that results from an addition to, deletion from or
52               modification of the contents of a file containing Original
53               Software or previous Modifications;
54
55            B. Any new file that contains any part of the Original Software
56               or previous Modification; or
57
58            C. Any new file that is contributed or otherwise made available
59               under the terms of this License.
60
61        1.10. "Original Software" means the Source Code and Executable form
62              of computer software code that is originally released under
63              this License.
64
65        1.11. "Patent Claims" means any patent claim(s), now owned or
66              hereafter acquired, including without limitation, method,
67              process, and apparatus claims, in any patent Licensable by
68              grantor.
69
70        1.12. "Source Code" means (a) the common form of computer software
71	      code in which modifications are made and (b) associated
72              documentation included in or with such code.
73
74        1.13. "You" (or "Your") means an individual or a legal entity
75              exercising rights under, and complying with all of the terms
76              of, this License. For legal entities, "You" includes any
77              entity which controls, is controlled by, or is under common
78              control with You. For purposes of this definition, "control"
79              means (a) the power, direct or indirect, to cause the
80              direction or management of such entity, whether by contract
81              or otherwise, or (b) ownership of more than fifty percent
82              (50%) of the outstanding shares or beneficial ownership of
83              such entity.
84
85    2. License Grants.
86        2.1. The Initial Developer Grant.
87
88        Conditioned upon Your compliance with Section 3.1 below and subject
89        to third party intellectual property claims, the Initial Developer
90        hereby grants You a world-wide, royalty-free, non-exclusive
91        license:
92
93            (a) under intellectual property rights (other than patent or
94                trademark) Licensable by Initial Developer, to use,
95                reproduce, modify, display, perform, sublicense and
96                distribute the Original Software (or portions thereof),
97                with or without Modifications, and/or as part of a Larger
98                Work; and
99
100            (b) under Patent Claims infringed by the making, using or
101                selling of Original Software, to make, have made, use,
102                practice, sell, and offer for sale, and/or otherwise
103                dispose of the Original Software (or portions thereof).
104
105            (c) The licenses granted in Sections 2.1(a) and (b) are
106                effective on the date Initial Developer first distributes
107                or otherwise makes the Original Software available to a
108                third party under the terms of this License.
109
110            (d) Notwithstanding Section 2.1(b) above, no patent license is
111                granted: (1) for code that You delete from the Original
112                Software, or (2) for infringements caused by: (i) the
113                modification of the Original Software, or (ii) the
114                combination of the Original Software with other software or
115                devices.
116
117        2.2. Contributor Grant.
118
119        Conditioned upon Your compliance with Section 3.1 below and subject
120        to third party intellectual property claims, each Contributor
121        hereby grants You a world-wide, royalty-free, non-exclusive
122        license:
123
124            (a) under intellectual property rights (other than patent or
125	        trademark) Licensable by Contributor to use, reproduce,
126	        modify, display, perform, sublicense and distribute the
127	        Modifications created by such Contributor (or portions
128	        thereof), either on an unmodified basis, with other
129	        Modifications, as Covered Software and/or as part of a
130	        Larger Work; and
131
132            (b) under Patent Claims infringed by the making, using, or
133                selling of Modifications made by that Contributor either
134                alone and/or in combination with its Contributor Version
135                (or portions of such combination), to make, use, sell,
136                offer for sale, have made, and/or otherwise dispose of: (1)
137                Modifications made by that Contributor (or portions
138                thereof); and (2) the combination of Modifications made by
139                that Contributor with its Contributor Version (or portions
140                of such combination).
141
142            (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
143                effective on the date Contributor first distributes or
144                otherwise makes the Modifications available to a third
145                party.
146
147            (d) Notwithstanding Section 2.2(b) above, no patent license is
148                granted: (1) for any code that Contributor has deleted from
149                the Contributor Version; (2) for infringements caused by:
150                (i) third party modifications of Contributor Version, or
151                (ii) the combination of Modifications made by that
152                Contributor with other software (except as part of the
153                Contributor Version) or other devices; or (3) under Patent
154                Claims infringed by Covered Software in the absence of
155                Modifications made by that Contributor.
156
157    3. Distribution Obligations.
158        3.1. Availability of Source Code.
159
160        Any Covered Software that You distribute or otherwise make
161        available in Executable form must also be made available in Source
162        Code form and that Source Code form must be distributed only under
163        the terms of this License. You must include a copy of this License
164        with every copy of the Source Code form of the Covered Software You
165        distribute or otherwise make available. You must inform recipients
166        of any such Covered Software in Executable form as to how they can
167        obtain such Covered Software in Source Code form in a reasonable
168        manner on or through a medium customarily used for software
169        exchange.
170
171        3.2. Modifications.
172
173        The Modifications that You create or to which You contribute are
174        governed by the terms of this License. You represent that You
175        believe Your Modifications are Your original creation(s) and/or You
176        have sufficient rights to grant the rights conveyed by this
177        License.
178
179        3.3. Required Notices.
180
181        You must include a notice in each of Your Modifications that
182        identifies You as the Contributor of the Modification. You may not
183        remove or alter any copyright, patent or trademark notices
184        contained within the Covered Software, or any notices of licensing
185        or any descriptive text giving attribution to any Contributor or
186        the Initial Developer.
187
188        3.4. Application of Additional Terms.
189
190        You may not offer or impose any terms on any Covered Software in
191        Source Code form that alters or restricts the applicable version of
192        this License or the recipients' rights hereunder. You may choose to
193        offer, and to charge a fee for, warranty, support, indemnity or
194        liability obligations to one or more recipients of Covered
195        Software. However, you may do so only on Your own behalf, and not
196        on behalf of the Initial Developer or any Contributor. You must
197        make it absolutely clear that any such warranty, support, indemnity
198        or liability obligation is offered by You alone, and You hereby
199        agree to indemnify the Initial Developer and every Contributor for
200        any liability incurred by the Initial Developer or such Contributor
201        as a result of warranty, support, indemnity or liability terms You
202        offer.
203
204        3.5. Distribution of Executable Versions.
205
206        You may distribute the Executable form of the Covered Software
207        under the terms of this License or under the terms of a license of
208        Your choice, which may contain terms different from this License,
209        provided that You are in compliance with the terms of this License
210        and that the license for the Executable form does not attempt to
211        limit or alter the recipient's rights in the Source Code form from
212        the rights set forth in this License. If You distribute the Covered
213        Software in Executable form under a different license, You must
214        make it absolutely clear that any terms which differ from this
215        License are offered by You alone, not by the Initial Developer or
216        Contributor. You hereby agree to indemnify the Initial Developer
217        and every Contributor for any liability incurred by the Initial
218        Developer or such Contributor as a result of any such terms You
219        offer.
220
221        3.6. Larger Works.
222
223        You may create a Larger Work by combining Covered Software with
224        other code not governed by the terms of this License and distribute
225        the Larger Work as a single product. In such a case, You must make
226        sure the requirements of this License are fulfilled for the Covered
227        Software.
228
229    4. Versions of the License.
230        4.1. New Versions.
231
232        Sun Microsystems, Inc. is the initial license steward and may
233        publish revised and/or new versions of this License from time to
234        time. Each version will be given a distinguishing version
235        number. Except as provided in Section 4.3, no one other than the
236        license steward has the right to modify this License.
237
238        4.2. Effect of New Versions.
239
240        You may always continue to use, distribute or otherwise make the
241        Covered Software available under the terms of the version of the
242        License under which You originally received the Covered
243        Software. If the Initial Developer includes a notice in the
244        Original Software prohibiting it from being distributed or
245        otherwise made available under any subsequent version of the
246        License, You must distribute and make the Covered Software
247        available under the terms of the version of the License under which
248        You originally received the Covered Software. Otherwise, You may
249        also choose to use, distribute or otherwise make the Covered
250        Software available under the terms of any subsequent version of the
251        License published by the license steward.
252
253        4.3. Modified Versions.
254
255        When You are an Initial Developer and You want to create a new
256        license for Your Original Software, You may create and use a
257        modified version of this License if You: (a) rename the license and
258        remove any references to the name of the license steward (except to
259        note that the license differs from this License); and (b) otherwise
260        make it clear that the license contains terms which differ from
261        this License.
262
263    5. DISCLAIMER OF WARRANTY.
264
265    COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS,
266    WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
267    WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF
268    DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
269    NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
270    THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE
271    DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER
272    CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR
273    CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
274    OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
275    EXCEPT UNDER THIS DISCLAIMER.
276
277    6. TERMINATION.
278
279        6.1. This License and the rights granted hereunder will terminate
280        automatically if You fail to comply with terms herein and fail to
281        cure such breach within 30 days of becoming aware of the
282        breach. Provisions which, by their nature, must remain in effect
283        beyond the termination of this License shall survive.
284
285        6.2. If You assert a patent infringement claim (excluding
286        declaratory judgment actions) against Initial Developer or a
287        Contributor (the Initial Developer or Contributor against whom You
288        assert such claim is referred to as "Participant") alleging that
289        the Participant Software (meaning the Contributor Version where the
290        Participant is a Contributor or the Original Software where the
291        Participant is the Initial Developer) directly or indirectly
292        infringes any patent, then any and all rights granted directly or
293        indirectly to You by such Participant, the Initial Developer (if
294        the Initial Developer is not the Participant) and all Contributors
295        under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
296        notice from Participant terminate prospectively and automatically
297        at the expiration of such 60 day notice period, unless if within
298        such 60 day period You withdraw Your claim with respect to the
299        Participant Software against such Participant either unilaterally
300        or pursuant to a written agreement with Participant.
301
302        6.3. In the event of termination under Sections 6.1 or 6.2 above,
303        all end user licenses that have been validly granted by You or any
304        distributor hereunder prior to termination (excluding licenses
305        granted to You by any distributor) shall survive termination.
306
307    7. LIMITATION OF LIABILITY.
308
309    UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
310    (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL
311    DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED
312    SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY
313    PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
314    OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
315    PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
316    MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF
317    SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH
318    DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR
319    DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE
320    EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
321    NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
322    DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
323
324    8. U.S. GOVERNMENT END USERS.
325
326    The Covered Software is a "commercial item," as that term is defined in
327    48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer
328    software" (as that term is defined at 48 C.F.R. $ 252.227-7014(a)(1))
329    and "commercial computer software documentation" as such terms are used
330    in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and
331    48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
332    U.S. Government End Users acquire Covered Software with only those
333    rights set forth herein. This U.S. Government Rights clause is in lieu
334    of, and supersedes, any other FAR, DFAR, or other clause or provision
335    that addresses Government rights in computer software under this
336    License.
337
338    9. MISCELLANEOUS.
339
340    This License represents the complete agreement concerning subject
341    matter hereof. If any provision of this License is held to be
342    unenforceable, such provision shall be reformed only to the extent
343    necessary to make it enforceable. This License shall be governed by the
344    law of the jurisdiction specified in a notice contained within the
345    Original Software (except to the extent applicable law, if any,
346    provides otherwise), excluding such jurisdiction's conflict-of-law
347    provisions. Any litigation relating to this License shall be subject to
348    the jurisdiction of the courts located in the jurisdiction and venue
349    specified in a notice contained within the Original Software, with the
350    losing party responsible for costs, including, without limitation,
351    court costs and reasonable attorneys' fees and expenses. The
352    application of the United Nations Convention on Contracts for the
353    International Sale of Goods is expressly excluded. Any law or
354    regulation which provides that the language of a contract shall be
355    construed against the drafter shall not apply to this License. You
356    agree that You alone are responsible for compliance with the United
357    States export administration regulations (and the export control laws
358    and regulation of any other countries) when You use, distribute or
359    otherwise make available any Covered Software.
360
361    10. RESPONSIBILITY FOR CLAIMS.
362
363    As between Initial Developer and the Contributors, each party is
364    responsible for claims and damages arising, directly or indirectly, out
365    of its utilization of rights under this License and You agree to work
366    with Initial Developer and Contributors to distribute such
367    responsibility on an equitable basis. Nothing herein is intended or
368    shall be deemed to constitute any admission of liability.
369