Licenses:CDDL - ArchWiki

# Licenses:CDDL

For quick reference, the text of the Common Developement and Distribution License (CDDL) as distributed with Arch Linux:

    COMMON DEVELOPMENT AND DISTRIBUTION LICENSE 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 Modifications; 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.

    --------------------------------------------------------------------

    NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
    DISTRIBUTION LICENSE (CDDL)

    For Covered Software in this distribution, this License 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.

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