diff -r 044383f39525 -r be27ed110b50 buildframework/helium/licenses/CDDL 1.0.1.txt --- /dev/null Thu Jan 01 00:00:00 1970 +0000 +++ b/buildframework/helium/licenses/CDDL 1.0.1.txt Wed Oct 28 14:39:48 2009 +0000 @@ -0,0 +1,288 @@ + +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 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. + +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 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. + +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 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. + +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 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. \ No newline at end of file