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authorBeth Flanagan <elizabeth.flanagan@intel.com>2011-05-25 13:47:52 -0700
committerRichard Purdie <richard.purdie@linuxfoundation.org>2011-05-27 18:27:22 +0100
commit5faff78a9a8ea98c116dc7797b75c73baa85ac5d (patch)
tree977c5c21632bfa4582812a27b5716d01cc819f11 /meta/files/common-licenses/CDDL-1
parent183ef127f555af68084ab956363b375124dd2a57 (diff)
downloadpoky-5faff78a9a8ea98c116dc7797b75c73baa85ac5d.tar.gz
common-licenses: Adding new licenses and renaming
I'm adding full common licenses to the common license directory. These licenses are taken from the SPDX project or the OSI license repository. They conform to the SPDX naming convention and will be used by the new license.bbclass license parser in order to maintain some sort of internal standard for license naming. Going forward, we should have a bigger conversation about the LICENSE field and standardizing that to conform to this naming standard. (From OE-Core rev: acc260418a46dadd5598c53ad3491a21e8b2d6e8) Signed-off-by: Beth Flanagan <elizabeth.flanagan@intel.com> Signed-off-by: Richard Purdie <richard.purdie@linuxfoundation.org>
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1
2COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
3Version 1.0
41. Definitions.
5
61.1. "Contributor" means each individual or entity that creates or
7contributes to the creation of Modifications.
8
91.2. "Contributor Version" means the combination of the Original
10Software, prior Modifications used by a Contributor (if any), and the
11Modifications made by that particular Contributor.
12
131.3. "Covered Software" means (a) the Original Software, or (b)
14Modifications, or (c) the combination of files containing Original Software
15with files containing Modifications, in each case including portions thereof.
16
171.4. "Executable" means the Covered Software in any form other than
18Source Code.
19
201.5. "Initial Developer" means the individual or entity that first
21makes Original Software available under this License.
22
231.6. "Larger Work" means a work which combines Covered Software or
24portions thereof with code not governed by the terms of this License.
25
261.7. "License" means this document.
27
281.8. "Licensable" means having the right to grant, to the maximum
29extent possible, whether at the time of the initial grant or subsequently
30acquired, any and all of the rights conveyed herein.
31
321.9. "Modifications" means the Source Code and Executable form of
33any of the following:
34
35A. Any file that results from an addition to, deletion from or modification of
36the contents of a file containing Original Software or previous Modifications;
37
38B. Any new file that contains any part of the Original Software or previous
39Modification; or
40
41C. Any new file that is contributed or otherwise made available under the terms
42of this License.
43
441.10. "Original Software" means the Source Code and Executable form
45of computer software code that is originally released under this License.
46
471.11. "Patent Claims" means any patent claim(s), now owned or
48hereafter acquired, including without limitation, method, process, and
49apparatus claims, in any patent Licensable by grantor.
50
511.12. "Source Code" means (a) the common form of computer software
52code in which modifications are made and (b) associated documentation included
53in or with such code.
54
551.13. "You" (or "Your") means an individual or a legal
56entity exercising rights under, and complying with all of the terms of, this
57License. For legal entities, "You" includes any entity which
58controls, is controlled by, or is under common control with You. For purposes
59of this definition, "control" means (a) the power, direct or
60indirect, to cause the direction or management of such entity, whether by
61contract or otherwise, or (b) ownership of more than fifty percent (50%) of the
62outstanding shares or beneficial ownership of such entity.
63
642. License Grants.
65
662.1. The Initial Developer Grant.
67
68Conditioned upon Your compliance with Section 3.1 below and subject to third
69party intellectual property claims, the Initial Developer hereby grants You a
70world-wide, royalty-free, non-exclusive license:
71
72(a) under intellectual property rights (other than patent or trademark)
73Licensable by Initial Developer, to use, reproduce, modify, display, perform,
74sublicense and distribute the Original Software (or portions thereof), with or
75without Modifications, and/or as part of a Larger Work; and
76
77(b) under Patent Claims infringed by the making, using or selling of Original
78Software, to make, have made, use, practice, sell, and offer for sale, and/or
79otherwise dispose of the Original Software (or portions thereof).
80
81(c) The licenses granted in Sections 2.1(a) and (b) are effective on the date
82Initial Developer first distributes or otherwise makes the Original Software
83available to a third party under the terms of this License.
84
85(d) Notwithstanding Section 2.1(b) above, no patent license is granted: (1) for
86code that You delete from the Original Software, or (2) for infringements
87caused by: (i) the modification of the Original Software, or (ii) the
88combination of the Original Software with other software or devices.
89
902.2. Contributor Grant.
91
92Conditioned upon Your compliance with Section 3.1 below and subject to third
93party intellectual property claims, each Contributor hereby grants You a world-
94wide, royalty-free, non-exclusive license:
95
96(a) under intellectual property rights (other than patent or trademark)
97Licensable by Contributor to use, reproduce, modify, display, perform,
98sublicense and distribute the Modifications created by such Contributor (or
99portions thereof), either on an unmodified basis, with other Modifications, as
100Covered Software and/or as part of a Larger Work; and
101
102(b) under Patent Claims infringed by the making, using, or selling of
103Modifications made by that Contributor either alone and/or in combination with
104its Contributor Version (or portions of such combination), to make, use, sell,
105offer for sale, have made, and/or otherwise dispose of: (1) Modifications made
106by that Contributor (or portions thereof); and (2) the combination of
107Modifications made by that Contributor with its Contributor Version (or
108portions of such combination).
109
110(c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective on the
111date Contributor first distributes or otherwise makes the Modifications
112available to a third party.
113
114(d) Notwithstanding Section 2.2(b) above, no patent license is granted: (1) for
115any code that Contributor has deleted from the Contributor Version; (2) for
116infringements caused by: (i) third party modifications of Contributor Version,
117or (ii) the combination of Modifications made by that Contributor with other
118software (except as part of the Contributor Version) or other devices; or (3)
119under Patent Claims infringed by Covered Software in the absence of
120Modifications made by that Contributor.
121
1223. Distribution Obligations.
123
1243.1. Availability of Source Code.
125
126Any Covered Software that You distribute or otherwise make available in
127Executable form must also be made available in Source Code form and that Source
128Code form must be distributed only under the terms of this License. You must
129include a copy of this License with every copy of the Source Code form of the
130Covered Software You distribute or otherwise make available. You must inform
131recipients of any such Covered Software in Executable form as to how they can
132obtain such Covered Software in Source Code form in a reasonable manner on or
133through a medium customarily used for software exchange.
134
1353.2. Modifications.
136
137The Modifications that You create or to which You contribute are governed by
138the terms of this License. You represent that You believe Your Modifications
139are Your original creation(s) and/or You have sufficient rights to grant the
140rights conveyed by this License.
141
1423.3. Required Notices.
143
144You must include a notice in each of Your Modifications that identifies You as
145the Contributor of the Modification. You may not remove or alter any copyright,
146patent or trademark notices contained within the Covered Software, or any
147notices of licensing or any descriptive text giving attribution to any
148Contributor or the Initial Developer.
149
1503.4. Application of Additional Terms.
151
152You may not offer or impose any terms on any Covered Software in Source Code
153form that alters or restricts the applicable version of this License or the
154recipients&rsquo; rights hereunder. You may choose to offer, and to charge a
155fee for, warranty, support, indemnity or liability obligations to one or more
156recipients of Covered Software. However, you may do so only on Your own behalf,
157and not on behalf of the Initial Developer or any Contributor. You must make it
158absolutely clear that any such warranty, support, indemnity or liability
159obligation is offered by You alone, and You hereby agree to indemnify the
160Initial Developer and every Contributor for any liability incurred by the
161Initial Developer or such Contributor as a result of warranty, support,
162indemnity or liability terms You offer.
163
1643.5. Distribution of Executable Versions.
165
166You may distribute the Executable form of the Covered Software under the terms
167of this License or under the terms of a license of Your choice, which may
168contain terms different from this License, provided that You are in compliance
169with the terms of this License and that the license for the Executable form
170does not attempt to limit or alter the recipient&rsquo;s rights in the Source
171Code form from the rights set forth in this License. If You distribute the
172Covered Software in Executable form under a different license, You must make it
173absolutely clear that any terms which differ from this License are offered by
174You alone, not by the Initial Developer or Contributor. You hereby agree to
175indemnify the Initial Developer and every Contributor for any liability
176incurred by the Initial Developer or such Contributor as a result of any such
177terms You offer.
178
1793.6. Larger Works.
180
181You may create a Larger Work by combining Covered Software with other code not
182governed by the terms of this License and distribute the Larger Work as a
183single product. In such a case, You must make sure the requirements of this
184License are fulfilled for the Covered Software.
185
1864. Versions of the License.
187
1884.1. New Versions.
189
190Sun Microsystems, Inc. is the initial license steward and may publish revised
191and/or new versions of this License from time to time. Each version will be
192given a distinguishing version number. Except as provided in Section 4.3, no
193one other than the license steward has the right to modify this License.
194
1954.2. Effect of New Versions.
196
197You may always continue to use, distribute or otherwise make the Covered
198Software available under the terms of the version of the License under which
199You originally received the Covered Software. If the Initial Developer includes
200a notice in the Original Software prohibiting it from being distributed or
201otherwise made available under any subsequent version of the License, You must
202distribute and make the Covered Software available under the terms of the
203version of the License under which You originally received the Covered
204Software. Otherwise, You may also choose to use, distribute or otherwise make
205the Covered Software available under the terms of any subsequent version of the
206License published by the license steward.
207
2084.3. Modified Versions.
209
210When You are an Initial Developer and You want to create a new license for Your
211Original Software, You may create and use a modified version of this License if
212You: (a) rename the license and remove any references to the name of the
213license steward (except to note that the license differs from this License);
214and (b) otherwise make it clear that the license contains terms which differ
215from this License.
216
2175. DISCLAIMER OF WARRANTY.
218
219COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
220BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
221WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF DEFECTS,
222MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK
223AS TO THE QUALITY AND PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD
224ANY COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL
225DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING,
226REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
227OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
228UNDER THIS DISCLAIMER.
229
2306. TERMINATION.
231
2326.1. This License and the rights granted hereunder will terminate automatically
233if You fail to comply with terms herein and fail to cure such breach within 30
234days of becoming aware of the breach. Provisions which, by their nature, must
235remain in effect beyond the termination of this License shall survive.
236
2376.2. If You assert a patent infringement claim (excluding declaratory judgment
238actions) against Initial Developer or a Contributor (the Initial Developer or
239Contributor against whom You assert such claim is referred to as
240"Participant") alleging that the Participant Software (meaning the
241Contributor Version where the Participant is a Contributor or the Original
242Software where the Participant is the Initial Developer) directly or indirectly
243infringes any patent, then any and all rights granted directly or indirectly to
244You by such Participant, the Initial Developer (if the Initial Developer is not
245the Participant) and all Contributors under Sections 2.1 and/or 2.2 of this
246License shall, upon 60 days notice from Participant terminate prospectively and
247automatically at the expiration of such 60 day notice period, unless if within
248such 60 day period You withdraw Your claim with respect to the Participant
249Software against such Participant either unilaterally or pursuant to a written
250agreement with Participant.
251
2526.3. In the event of termination under Sections 6.1 or 6.2 above, all end user
253licenses that have been validly granted by You or any distributor hereunder
254prior to termination (excluding licenses granted to You by any distributor)
255shall survive termination.
256
2577. LIMITATION OF LIABILITY.
258
259UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING
260NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY
261OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY SUPPLIER OF
262ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL,
263INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
264LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
265FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
266IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS
267LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
268INJURY RESULTING FROM SUCH PARTY&rsquo;S NEGLIGENCE TO THE EXTENT APPLICABLE
269LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
270LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
271LIMITATION MAY NOT APPLY TO YOU.
272
2738. U.S. GOVERNMENT END USERS.
274
275The Covered Software is a "commercial item," as that term is
276defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
277computer software" (as that term is defined at 48 C.F.R. ยง 252.227-7014
278(a)(1)) and "commercial computer software documentation" as such
279terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
28012.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S.
281Government End Users acquire Covered Software with only those rights set forth
282herein. This U.S. Government Rights clause is in lieu of, and supersedes, any
283other FAR, DFAR, or other clause or provision that addresses Government rights
284in computer software under this License.
285
2869. MISCELLANEOUS.
287
288This License represents the complete agreement concerning subject matter
289hereof. If any provision of this License is held to be unenforceable, such
290provision shall be reformed only to the extent necessary to make it
291enforceable. This License shall be governed by the law of the jurisdiction
292specified in a notice contained within the Original Software (except to the
293extent applicable law, if any, provides otherwise), excluding such
294jurisdiction&rsquo;s conflict-of-law provisions. Any litigation relating to
295this License shall be subject to the jurisdiction of the courts located in the
296jurisdiction and venue specified in a notice contained within the Original
297Software, with the losing party responsible for costs, including, without
298limitation, court costs and reasonable attorneys&rsquo; fees and expenses. The
299application of the United Nations Convention on Contracts for the International
300Sale of Goods is expressly excluded. Any law or regulation which provides that
301the language of a contract shall be construed against the drafter shall not
302apply to this License. You agree that You alone are responsible for compliance
303with the United States export administration regulations (and the export
304control laws and regulation of any other countries) when You use, distribute or
305otherwise make available any Covered Software.
306
30710. RESPONSIBILITY FOR CLAIMS.
308
309As between Initial Developer and the Contributors, each party is responsible
310for claims and damages arising, directly or indirectly, out of its utilization
311of rights under this License and You agree to work with Initial Developer and
312Contributors to distribute such responsibility on an equitable basis. Nothing
313herein is intended or shall be deemed to constitute any admission of liability.