Liam Miller-Cushon | 47b2bf7 | 2018-03-28 23:18:05 -0700 | [diff] [blame] | 1 | COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.1 |
| 2 | |
| 3 | 1. Definitions. |
| 4 | |
| 5 | 1.1. "Contributor" means each individual or entity that creates or |
| 6 | contributes to the creation of Modifications. |
| 7 | |
| 8 | 1.2. "Contributor Version" means the combination of the Original |
| 9 | Software, prior Modifications used by a Contributor (if any), and |
| 10 | the Modifications made by that particular Contributor. |
| 11 | |
| 12 | 1.3. "Covered Software" means (a) the Original Software, or (b) |
| 13 | Modifications, or (c) the combination of files containing Original |
| 14 | Software with files containing Modifications, in each case including |
| 15 | portions thereof. |
| 16 | |
| 17 | 1.4. "Executable" means the Covered Software in any form other than |
| 18 | Source Code. |
| 19 | |
| 20 | 1.5. "Initial Developer" means the individual or entity that first |
| 21 | makes Original Software available under this License. |
| 22 | |
| 23 | 1.6. "Larger Work" means a work which combines Covered Software or |
| 24 | portions thereof with code not governed by the terms of this License. |
| 25 | |
| 26 | 1.7. "License" means this document. |
| 27 | |
| 28 | 1.8. "Licensable" means having the right to grant, to the maximum |
| 29 | extent possible, whether at the time of the initial grant or |
| 30 | subsequently acquired, any and all of the rights conveyed herein. |
| 31 | |
| 32 | 1.9. "Modifications" means the Source Code and Executable form of |
| 33 | any of the following: |
| 34 | |
| 35 | A. Any file that results from an addition to, deletion from or |
| 36 | modification of the contents of a file containing Original Software |
| 37 | or previous Modifications; |
| 38 | |
| 39 | B. Any new file that contains any part of the Original Software or |
| 40 | previous Modification; or |
| 41 | |
| 42 | C. Any new file that is contributed or otherwise made available |
| 43 | under the terms of this License. |
| 44 | |
| 45 | 1.10. "Original Software" means the Source Code and Executable form |
| 46 | of computer software code that is originally released under this |
| 47 | License. |
| 48 | |
| 49 | 1.11. "Patent Claims" means any patent claim(s), now owned or |
| 50 | hereafter acquired, including without limitation, method, process, |
| 51 | and apparatus claims, in any patent Licensable by grantor. |
| 52 | |
| 53 | 1.12. "Source Code" means (a) the common form of computer software |
| 54 | code in which modifications are made and (b) associated |
| 55 | documentation included in or with such code. |
| 56 | |
| 57 | 1.13. "You" (or "Your") means an individual or a legal entity |
| 58 | exercising rights under, and complying with all of the terms of, |
| 59 | this License. For legal entities, "You" includes any entity which |
| 60 | controls, is controlled by, or is under common control with You. For |
| 61 | purposes of this definition, "control" means (a) the power, direct |
| 62 | or indirect, to cause the direction or management of such entity, |
| 63 | whether by contract or otherwise, or (b) ownership of more than |
| 64 | fifty percent (50%) of the outstanding shares or beneficial |
| 65 | ownership of such entity. |
| 66 | |
| 67 | 2. License Grants. |
| 68 | |
| 69 | 2.1. The Initial Developer Grant. |
| 70 | |
| 71 | Conditioned upon Your compliance with Section 3.1 below and subject |
| 72 | to third party intellectual property claims, the Initial Developer |
| 73 | hereby grants You a world-wide, royalty-free, non-exclusive license: |
| 74 | |
| 75 | (a) under intellectual property rights (other than patent or |
| 76 | trademark) Licensable by Initial Developer, to use, reproduce, |
| 77 | modify, display, perform, sublicense and distribute the Original |
| 78 | Software (or portions thereof), with or without Modifications, |
| 79 | and/or as part of a Larger Work; and |
| 80 | |
| 81 | (b) under Patent Claims infringed by the making, using or selling of |
| 82 | Original Software, to make, have made, use, practice, sell, and |
| 83 | offer for sale, and/or otherwise dispose of the Original Software |
| 84 | (or portions thereof). |
| 85 | |
| 86 | (c) The licenses granted in Sections 2.1(a) and (b) are effective on |
| 87 | the date Initial Developer first distributes or otherwise makes the |
| 88 | Original Software available to a third party under the terms of this |
| 89 | License. |
| 90 | |
| 91 | (d) Notwithstanding Section 2.1(b) above, no patent license is |
| 92 | granted: (1) for code that You delete from the Original Software, or |
| 93 | (2) for infringements caused by: (i) the modification of the |
| 94 | Original Software, or (ii) the combination of the Original Software |
| 95 | with other software or devices. |
| 96 | |
| 97 | 2.2. Contributor Grant. |
| 98 | |
| 99 | Conditioned upon Your compliance with Section 3.1 below and subject |
| 100 | to third party intellectual property claims, each Contributor hereby |
| 101 | grants You a world-wide, royalty-free, non-exclusive license: |
| 102 | |
| 103 | (a) under intellectual property rights (other than patent or |
| 104 | trademark) Licensable by Contributor to use, reproduce, modify, |
| 105 | display, perform, sublicense and distribute the Modifications |
| 106 | created by such Contributor (or portions thereof), either on an |
| 107 | unmodified basis, with other Modifications, as Covered Software |
| 108 | and/or as part of a Larger Work; and |
| 109 | |
| 110 | (b) under Patent Claims infringed by the making, using, or selling |
| 111 | of Modifications made by that Contributor either alone and/or in |
| 112 | combination with its Contributor Version (or portions of such |
| 113 | combination), to make, use, sell, offer for sale, have made, and/or |
| 114 | otherwise dispose of: (1) Modifications made by that Contributor (or |
| 115 | portions thereof); and (2) the combination of Modifications made by |
| 116 | that Contributor with its Contributor Version (or portions of such |
| 117 | combination). |
| 118 | |
| 119 | (c) The licenses granted in Sections 2.2(a) and 2.2(b) are effective |
| 120 | on the date Contributor first distributes or otherwise makes the |
| 121 | Modifications available to a third party. |
| 122 | |
| 123 | (d) Notwithstanding Section 2.2(b) above, no patent license is |
| 124 | granted: (1) for any code that Contributor has deleted from the |
| 125 | Contributor Version; (2) for infringements caused by: (i) third |
| 126 | party modifications of Contributor Version, or (ii) the combination |
| 127 | of Modifications made by that Contributor with other software |
| 128 | (except as part of the Contributor Version) or other devices; or (3) |
| 129 | under Patent Claims infringed by Covered Software in the absence of |
| 130 | Modifications made by that Contributor. |
| 131 | |
| 132 | 3. Distribution Obligations. |
| 133 | |
| 134 | 3.1. Availability of Source Code. |
| 135 | |
| 136 | Any Covered Software that You distribute or otherwise make available |
| 137 | in Executable form must also be made available in Source Code form |
| 138 | and that Source Code form must be distributed only under the terms |
| 139 | of this License. You must include a copy of this License with every |
| 140 | copy of the Source Code form of the Covered Software You distribute |
| 141 | or otherwise make available. You must inform recipients of any such |
| 142 | Covered Software in Executable form as to how they can obtain such |
| 143 | Covered Software in Source Code form in a reasonable manner on or |
| 144 | through a medium customarily used for software exchange. |
| 145 | |
| 146 | 3.2. Modifications. |
| 147 | |
| 148 | The Modifications that You create or to which You contribute are |
| 149 | governed by the terms of this License. You represent that You |
| 150 | believe Your Modifications are Your original creation(s) and/or You |
| 151 | have sufficient rights to grant the rights conveyed by this License. |
| 152 | |
| 153 | 3.3. Required Notices. |
| 154 | |
| 155 | You must include a notice in each of Your Modifications that |
| 156 | identifies You as the Contributor of the Modification. You may not |
| 157 | remove or alter any copyright, patent or trademark notices contained |
| 158 | within the Covered Software, or any notices of licensing or any |
| 159 | descriptive text giving attribution to any Contributor or the |
| 160 | Initial Developer. |
| 161 | |
| 162 | 3.4. Application of Additional Terms. |
| 163 | |
| 164 | You may not offer or impose any terms on any Covered Software in |
| 165 | Source Code form that alters or restricts the applicable version of |
| 166 | this License or the recipients' rights hereunder. You may choose to |
| 167 | offer, and to charge a fee for, warranty, support, indemnity or |
| 168 | liability obligations to one or more recipients of Covered Software. |
| 169 | However, you may do so only on Your own behalf, and not on behalf of |
| 170 | the Initial Developer or any Contributor. You must make it |
| 171 | absolutely clear that any such warranty, support, indemnity or |
| 172 | liability obligation is offered by You alone, and You hereby agree |
| 173 | to indemnify the Initial Developer and every Contributor for any |
| 174 | liability incurred by the Initial Developer or such Contributor as a |
| 175 | result of warranty, support, indemnity or liability terms You offer. |
| 176 | |
| 177 | 3.5. Distribution of Executable Versions. |
| 178 | |
| 179 | You may distribute the Executable form of the Covered Software under |
| 180 | the terms of this License or under the terms of a license of Your |
| 181 | choice, which may contain terms different from this License, |
| 182 | provided that You are in compliance with the terms of this License |
| 183 | and that the license for the Executable form does not attempt to |
| 184 | limit or alter the recipient's rights in the Source Code form from |
| 185 | the rights set forth in this License. If You distribute the Covered |
| 186 | Software in Executable form under a different license, You must make |
| 187 | it absolutely clear that any terms which differ from this License |
| 188 | are offered by You alone, not by the Initial Developer or |
| 189 | Contributor. You hereby agree to indemnify the Initial Developer and |
| 190 | every Contributor for any liability incurred by the Initial |
| 191 | Developer or such Contributor as a result of any such terms You offer. |
| 192 | |
| 193 | 3.6. Larger Works. |
| 194 | |
| 195 | You may create a Larger Work by combining Covered Software with |
| 196 | other code not governed by the terms of this License and distribute |
| 197 | the Larger Work as a single product. In such a case, You must make |
| 198 | sure the requirements of this License are fulfilled for the Covered |
| 199 | Software. |
| 200 | |
| 201 | 4. Versions of the License. |
| 202 | |
| 203 | 4.1. New Versions. |
| 204 | |
| 205 | Oracle is the initial license steward and may publish revised and/or |
| 206 | new versions of this License from time to time. Each version will be |
| 207 | given a distinguishing version number. Except as provided in Section |
| 208 | 4.3, no one other than the license steward has the right to modify |
| 209 | this License. |
| 210 | |
| 211 | 4.2. Effect of New Versions. |
| 212 | |
| 213 | You may always continue to use, distribute or otherwise make the |
| 214 | Covered Software available under the terms of the version of the |
| 215 | License under which You originally received the Covered Software. If |
| 216 | the Initial Developer includes a notice in the Original Software |
| 217 | prohibiting it from being distributed or otherwise made available |
| 218 | under any subsequent version of the License, You must distribute and |
| 219 | make the Covered Software available under the terms of the version |
| 220 | of the License under which You originally received the Covered |
| 221 | Software. Otherwise, You may also choose to use, distribute or |
| 222 | otherwise make the Covered Software available under the terms of any |
| 223 | subsequent version of the License published by the license steward. |
| 224 | |
| 225 | 4.3. Modified Versions. |
| 226 | |
| 227 | When You are an Initial Developer and You want to create a new |
| 228 | license for Your Original Software, You may create and use a |
| 229 | modified version of this License if You: (a) rename the license and |
| 230 | remove any references to the name of the license steward (except to |
| 231 | note that the license differs from this License); and (b) otherwise |
| 232 | make it clear that the license contains terms which differ from this |
| 233 | License. |
| 234 | |
| 235 | 5. DISCLAIMER OF WARRANTY. |
| 236 | |
| 237 | COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, |
| 238 | WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, |
| 239 | INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE |
| 240 | IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR |
| 241 | NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF |
| 242 | THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE |
| 243 | DEFECTIVE IN ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY |
| 244 | OTHER CONTRIBUTOR) ASSUME THE COST OF ANY NECESSARY SERVICING, |
| 245 | REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN |
| 246 | ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY COVERED SOFTWARE IS |
| 247 | AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. |
| 248 | |
| 249 | 6. TERMINATION. |
| 250 | |
| 251 | 6.1. This License and the rights granted hereunder will terminate |
| 252 | automatically if You fail to comply with terms herein and fail to |
| 253 | cure such breach within 30 days of becoming aware of the breach. |
| 254 | Provisions which, by their nature, must remain in effect beyond the |
| 255 | termination of this License shall survive. |
| 256 | |
| 257 | 6.2. If You assert a patent infringement claim (excluding |
| 258 | declaratory judgment actions) against Initial Developer or a |
| 259 | Contributor (the Initial Developer or Contributor against whom You |
| 260 | assert such claim is referred to as "Participant") alleging that the |
| 261 | Participant Software (meaning the Contributor Version where the |
| 262 | Participant is a Contributor or the Original Software where the |
| 263 | Participant is the Initial Developer) directly or indirectly |
| 264 | infringes any patent, then any and all rights granted directly or |
| 265 | indirectly to You by such Participant, the Initial Developer (if the |
| 266 | Initial Developer is not the Participant) and all Contributors under |
| 267 | Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice |
| 268 | from Participant terminate prospectively and automatically at the |
| 269 | expiration of such 60 day notice period, unless if within such 60 |
| 270 | day period You withdraw Your claim with respect to the Participant |
| 271 | Software against such Participant either unilaterally or pursuant to |
| 272 | a written agreement with Participant. |
| 273 | |
| 274 | 6.3. If You assert a patent infringement claim against Participant |
| 275 | alleging that the Participant Software directly or indirectly |
| 276 | infringes any patent where such claim is resolved (such as by |
| 277 | license or settlement) prior to the initiation of patent |
| 278 | infringement litigation, then the reasonable value of the licenses |
| 279 | granted by such Participant under Sections 2.1 or 2.2 shall be taken |
| 280 | into account in determining the amount or value of any payment or |
| 281 | license. |
| 282 | |
| 283 | 6.4. In the event of termination under Sections 6.1 or 6.2 above, |
| 284 | all end user licenses that have been validly granted by You or any |
| 285 | distributor hereunder prior to termination (excluding licenses |
| 286 | granted to You by any distributor) shall survive termination. |
| 287 | |
| 288 | 7. LIMITATION OF LIABILITY. |
| 289 | |
| 290 | UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| 291 | (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE |
| 292 | INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF |
| 293 | COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE |
| 294 | TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR |
| 295 | CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
| 296 | LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER |
| 297 | FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR |
| 298 | LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE |
| 299 | POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT |
| 300 | APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH |
| 301 | PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH |
| 302 | LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR |
| 303 | LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION |
| 304 | AND LIMITATION MAY NOT APPLY TO YOU. |
| 305 | |
| 306 | 8. U.S. GOVERNMENT END USERS. |
| 307 | |
| 308 | The Covered Software is a "commercial item," as that term is defined |
| 309 | in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer |
| 310 | software" (as that term is defined at 48 C.F.R. § |
| 311 | 252.227-7014(a)(1)) and "commercial computer software documentation" |
| 312 | as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent |
| 313 | with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 |
| 314 | (June 1995), all U.S. Government End Users acquire Covered Software |
| 315 | with only those rights set forth herein. This U.S. Government Rights |
| 316 | clause is in lieu of, and supersedes, any other FAR, DFAR, or other |
| 317 | clause or provision that addresses Government rights in computer |
| 318 | software under this License. |
| 319 | |
| 320 | 9. MISCELLANEOUS. |
| 321 | |
| 322 | This License represents the complete agreement concerning subject |
| 323 | matter hereof. If any provision of this License is held to be |
| 324 | unenforceable, such provision shall be reformed only to the extent |
| 325 | necessary to make it enforceable. This License shall be governed by |
| 326 | the law of the jurisdiction specified in a notice contained within |
| 327 | the Original Software (except to the extent applicable law, if any, |
| 328 | provides otherwise), excluding such jurisdiction's conflict-of-law |
| 329 | provisions. Any litigation relating to this License shall be subject |
| 330 | to the jurisdiction of the courts located in the jurisdiction and |
| 331 | venue specified in a notice contained within the Original Software, |
| 332 | with the losing party responsible for costs, including, without |
| 333 | limitation, court costs and reasonable attorneys' fees and expenses. |
| 334 | The application of the United Nations Convention on Contracts for |
| 335 | the International Sale of Goods is expressly excluded. Any law or |
| 336 | regulation which provides that the language of a contract shall be |
| 337 | construed against the drafter shall not apply to this License. You |
| 338 | agree that You alone are responsible for compliance with the United |
| 339 | States export administration regulations (and the export control |
| 340 | laws and regulation of any other countries) when You use, distribute |
| 341 | or otherwise make available any Covered Software. |
| 342 | |
| 343 | 10. RESPONSIBILITY FOR CLAIMS. |
| 344 | |
| 345 | As between Initial Developer and the Contributors, each party is |
| 346 | responsible for claims and damages arising, directly or indirectly, |
| 347 | out of its utilization of rights under this License and You agree to |
| 348 | work with Initial Developer and Contributors to distribute such |
| 349 | responsibility on an equitable basis. Nothing herein is intended or |
| 350 | shall be deemed to constitute any admission of liability. |
| 351 | |
| 352 | ------------------------------------------------------------------------ |
| 353 | |
| 354 | NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION |
| 355 | LICENSE (CDDL) |
| 356 | |
| 357 | The code released under the CDDL shall be governed by the laws of the |
| 358 | State of California (excluding conflict-of-law provisions). Any |
| 359 | litigation relating to this License shall be subject to the jurisdiction |
| 360 | of the Federal Courts of the Northern District of California and the |
| 361 | state courts of the State of California, with venue lying in Santa Clara |
| 362 | County, California. |
| 363 | |
| 364 | |
| 365 | |
| 366 | The GNU General Public License (GPL) Version 2, June 1991 |
| 367 | |
| 368 | Copyright (C) 1989, 1991 Free Software Foundation, Inc. |
| 369 | 51 Franklin Street, Fifth Floor |
| 370 | Boston, MA 02110-1335 |
| 371 | USA |
| 372 | |
| 373 | Everyone is permitted to copy and distribute verbatim copies |
| 374 | of this license document, but changing it is not allowed. |
| 375 | |
| 376 | Preamble |
| 377 | |
| 378 | The licenses for most software are designed to take away your freedom to |
| 379 | share and change it. By contrast, the GNU General Public License is |
| 380 | intended to guarantee your freedom to share and change free software--to |
| 381 | make sure the software is free for all its users. This General Public |
| 382 | License applies to most of the Free Software Foundation's software and |
| 383 | to any other program whose authors commit to using it. (Some other Free |
| 384 | Software Foundation software is covered by the GNU Library General |
| 385 | Public License instead.) You can apply it to your programs, too. |
| 386 | |
| 387 | When we speak of free software, we are referring to freedom, not price. |
| 388 | Our General Public Licenses are designed to make sure that you have the |
| 389 | freedom to distribute copies of free software (and charge for this |
| 390 | service if you wish), that you receive source code or can get it if you |
| 391 | want it, that you can change the software or use pieces of it in new |
| 392 | free programs; and that you know you can do these things. |
| 393 | |
| 394 | To protect your rights, we need to make restrictions that forbid anyone |
| 395 | to deny you these rights or to ask you to surrender the rights. These |
| 396 | restrictions translate to certain responsibilities for you if you |
| 397 | distribute copies of the software, or if you modify it. |
| 398 | |
| 399 | For example, if you distribute copies of such a program, whether gratis |
| 400 | or for a fee, you must give the recipients all the rights that you have. |
| 401 | You must make sure that they, too, receive or can get the source code. |
| 402 | And you must show them these terms so they know their rights. |
| 403 | |
| 404 | We protect your rights with two steps: (1) copyright the software, and |
| 405 | (2) offer you this license which gives you legal permission to copy, |
| 406 | distribute and/or modify the software. |
| 407 | |
| 408 | Also, for each author's protection and ours, we want to make certain |
| 409 | that everyone understands that there is no warranty for this free |
| 410 | software. If the software is modified by someone else and passed on, we |
| 411 | want its recipients to know that what they have is not the original, so |
| 412 | that any problems introduced by others will not reflect on the original |
| 413 | authors' reputations. |
| 414 | |
| 415 | Finally, any free program is threatened constantly by software patents. |
| 416 | We wish to avoid the danger that redistributors of a free program will |
| 417 | individually obtain patent licenses, in effect making the program |
| 418 | proprietary. To prevent this, we have made it clear that any patent must |
| 419 | be licensed for everyone's free use or not licensed at all. |
| 420 | |
| 421 | The precise terms and conditions for copying, distribution and |
| 422 | modification follow. |
| 423 | |
| 424 | TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION |
| 425 | |
| 426 | 0. This License applies to any program or other work which contains a |
| 427 | notice placed by the copyright holder saying it may be distributed under |
| 428 | the terms of this General Public License. The "Program", below, refers |
| 429 | to any such program or work, and a "work based on the Program" means |
| 430 | either the Program or any derivative work under copyright law: that is |
| 431 | to say, a work containing the Program or a portion of it, either |
| 432 | verbatim or with modifications and/or translated into another language. |
| 433 | (Hereinafter, translation is included without limitation in the term |
| 434 | "modification".) Each licensee is addressed as "you". |
| 435 | |
| 436 | Activities other than copying, distribution and modification are not |
| 437 | covered by this License; they are outside its scope. The act of running |
| 438 | the Program is not restricted, and the output from the Program is |
| 439 | covered only if its contents constitute a work based on the Program |
| 440 | (independent of having been made by running the Program). Whether that |
| 441 | is true depends on what the Program does. |
| 442 | |
| 443 | 1. You may copy and distribute verbatim copies of the Program's source |
| 444 | code as you receive it, in any medium, provided that you conspicuously |
| 445 | and appropriately publish on each copy an appropriate copyright notice |
| 446 | and disclaimer of warranty; keep intact all the notices that refer to |
| 447 | this License and to the absence of any warranty; and give any other |
| 448 | recipients of the Program a copy of this License along with the Program. |
| 449 | |
| 450 | You may charge a fee for the physical act of transferring a copy, and |
| 451 | you may at your option offer warranty protection in exchange for a fee. |
| 452 | |
| 453 | 2. You may modify your copy or copies of the Program or any portion of |
| 454 | it, thus forming a work based on the Program, and copy and distribute |
| 455 | such modifications or work under the terms of Section 1 above, provided |
| 456 | that you also meet all of these conditions: |
| 457 | |
| 458 | a) You must cause the modified files to carry prominent notices |
| 459 | stating that you changed the files and the date of any change. |
| 460 | |
| 461 | b) You must cause any work that you distribute or publish, that in |
| 462 | whole or in part contains or is derived from the Program or any part |
| 463 | thereof, to be licensed as a whole at no charge to all third parties |
| 464 | under the terms of this License. |
| 465 | |
| 466 | c) If the modified program normally reads commands interactively |
| 467 | when run, you must cause it, when started running for such |
| 468 | interactive use in the most ordinary way, to print or display an |
| 469 | announcement including an appropriate copyright notice and a notice |
| 470 | that there is no warranty (or else, saying that you provide a |
| 471 | warranty) and that users may redistribute the program under these |
| 472 | conditions, and telling the user how to view a copy of this License. |
| 473 | (Exception: if the Program itself is interactive but does not |
| 474 | normally print such an announcement, your work based on the Program |
| 475 | is not required to print an announcement.) |
| 476 | |
| 477 | These requirements apply to the modified work as a whole. If |
| 478 | identifiable sections of that work are not derived from the Program, and |
| 479 | can be reasonably considered independent and separate works in |
| 480 | themselves, then this License, and its terms, do not apply to those |
| 481 | sections when you distribute them as separate works. But when you |
| 482 | distribute the same sections as part of a whole which is a work based on |
| 483 | the Program, the distribution of the whole must be on the terms of this |
| 484 | License, whose permissions for other licensees extend to the entire |
| 485 | whole, and thus to each and every part regardless of who wrote it. |
| 486 | |
| 487 | Thus, it is not the intent of this section to claim rights or contest |
| 488 | your rights to work written entirely by you; rather, the intent is to |
| 489 | exercise the right to control the distribution of derivative or |
| 490 | collective works based on the Program. |
| 491 | |
| 492 | In addition, mere aggregation of another work not based on the Program |
| 493 | with the Program (or with a work based on the Program) on a volume of a |
| 494 | storage or distribution medium does not bring the other work under the |
| 495 | scope of this License. |
| 496 | |
| 497 | 3. You may copy and distribute the Program (or a work based on it, |
| 498 | under Section 2) in object code or executable form under the terms of |
| 499 | Sections 1 and 2 above provided that you also do one of the following: |
| 500 | |
| 501 | a) Accompany it with the complete corresponding machine-readable |
| 502 | source code, which must be distributed under the terms of Sections 1 |
| 503 | and 2 above on a medium customarily used for software interchange; or, |
| 504 | |
| 505 | b) Accompany it with a written offer, valid for at least three |
| 506 | years, to give any third party, for a charge no more than your cost |
| 507 | of physically performing source distribution, a complete |
| 508 | machine-readable copy of the corresponding source code, to be |
| 509 | distributed under the terms of Sections 1 and 2 above on a medium |
| 510 | customarily used for software interchange; or, |
| 511 | |
| 512 | c) Accompany it with the information you received as to the offer to |
| 513 | distribute corresponding source code. (This alternative is allowed |
| 514 | only for noncommercial distribution and only if you received the |
| 515 | program in object code or executable form with such an offer, in |
| 516 | accord with Subsection b above.) |
| 517 | |
| 518 | The source code for a work means the preferred form of the work for |
| 519 | making modifications to it. For an executable work, complete source code |
| 520 | means all the source code for all modules it contains, plus any |
| 521 | associated interface definition files, plus the scripts used to control |
| 522 | compilation and installation of the executable. However, as a special |
| 523 | exception, the source code distributed need not include anything that is |
| 524 | normally distributed (in either source or binary form) with the major |
| 525 | components (compiler, kernel, and so on) of the operating system on |
| 526 | which the executable runs, unless that component itself accompanies the |
| 527 | executable. |
| 528 | |
| 529 | If distribution of executable or object code is made by offering access |
| 530 | to copy from a designated place, then offering equivalent access to copy |
| 531 | the source code from the same place counts as distribution of the source |
| 532 | code, even though third parties are not compelled to copy the source |
| 533 | along with the object code. |
| 534 | |
| 535 | 4. You may not copy, modify, sublicense, or distribute the Program |
| 536 | except as expressly provided under this License. Any attempt otherwise |
| 537 | to copy, modify, sublicense or distribute the Program is void, and will |
| 538 | automatically terminate your rights under this License. However, parties |
| 539 | who have received copies, or rights, from you under this License will |
| 540 | not have their licenses terminated so long as such parties remain in |
| 541 | full compliance. |
| 542 | |
| 543 | 5. You are not required to accept this License, since you have not |
| 544 | signed it. However, nothing else grants you permission to modify or |
| 545 | distribute the Program or its derivative works. These actions are |
| 546 | prohibited by law if you do not accept this License. Therefore, by |
| 547 | modifying or distributing the Program (or any work based on the |
| 548 | Program), you indicate your acceptance of this License to do so, and all |
| 549 | its terms and conditions for copying, distributing or modifying the |
| 550 | Program or works based on it. |
| 551 | |
| 552 | 6. Each time you redistribute the Program (or any work based on the |
| 553 | Program), the recipient automatically receives a license from the |
| 554 | original licensor to copy, distribute or modify the Program subject to |
| 555 | these terms and conditions. You may not impose any further restrictions |
| 556 | on the recipients' exercise of the rights granted herein. You are not |
| 557 | responsible for enforcing compliance by third parties to this License. |
| 558 | |
| 559 | 7. If, as a consequence of a court judgment or allegation of patent |
| 560 | infringement or for any other reason (not limited to patent issues), |
| 561 | conditions are imposed on you (whether by court order, agreement or |
| 562 | otherwise) that contradict the conditions of this License, they do not |
| 563 | excuse you from the conditions of this License. If you cannot distribute |
| 564 | so as to satisfy simultaneously your obligations under this License and |
| 565 | any other pertinent obligations, then as a consequence you may not |
| 566 | distribute the Program at all. For example, if a patent license would |
| 567 | not permit royalty-free redistribution of the Program by all those who |
| 568 | receive copies directly or indirectly through you, then the only way you |
| 569 | could satisfy both it and this License would be to refrain entirely from |
| 570 | distribution of the Program. |
| 571 | |
| 572 | If any portion of this section is held invalid or unenforceable under |
| 573 | any particular circumstance, the balance of the section is intended to |
| 574 | apply and the section as a whole is intended to apply in other |
| 575 | circumstances. |
| 576 | |
| 577 | It is not the purpose of this section to induce you to infringe any |
| 578 | patents or other property right claims or to contest validity of any |
| 579 | such claims; this section has the sole purpose of protecting the |
| 580 | integrity of the free software distribution system, which is implemented |
| 581 | by public license practices. Many people have made generous |
| 582 | contributions to the wide range of software distributed through that |
| 583 | system in reliance on consistent application of that system; it is up to |
| 584 | the author/donor to decide if he or she is willing to distribute |
| 585 | software through any other system and a licensee cannot impose that choice. |
| 586 | |
| 587 | This section is intended to make thoroughly clear what is believed to be |
| 588 | a consequence of the rest of this License. |
| 589 | |
| 590 | 8. If the distribution and/or use of the Program is restricted in |
| 591 | certain countries either by patents or by copyrighted interfaces, the |
| 592 | original copyright holder who places the Program under this License may |
| 593 | add an explicit geographical distribution limitation excluding those |
| 594 | countries, so that distribution is permitted only in or among countries |
| 595 | not thus excluded. In such case, this License incorporates the |
| 596 | limitation as if written in the body of this License. |
| 597 | |
| 598 | 9. The Free Software Foundation may publish revised and/or new |
| 599 | versions of the General Public License from time to time. Such new |
| 600 | versions will be similar in spirit to the present version, but may |
| 601 | differ in detail to address new problems or concerns. |
| 602 | |
| 603 | Each version is given a distinguishing version number. If the Program |
| 604 | specifies a version number of this License which applies to it and "any |
| 605 | later version", you have the option of following the terms and |
| 606 | conditions either of that version or of any later version published by |
| 607 | the Free Software Foundation. If the Program does not specify a version |
| 608 | number of this License, you may choose any version ever published by the |
| 609 | Free Software Foundation. |
| 610 | |
| 611 | 10. If you wish to incorporate parts of the Program into other free |
| 612 | programs whose distribution conditions are different, write to the |
| 613 | author to ask for permission. For software which is copyrighted by the |
| 614 | Free Software Foundation, write to the Free Software Foundation; we |
| 615 | sometimes make exceptions for this. Our decision will be guided by the |
| 616 | two goals of preserving the free status of all derivatives of our free |
| 617 | software and of promoting the sharing and reuse of software generally. |
| 618 | |
| 619 | NO WARRANTY |
| 620 | |
| 621 | 11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO |
| 622 | WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. |
| 623 | EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR |
| 624 | OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, |
| 625 | EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED |
| 626 | WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE |
| 627 | ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH |
| 628 | YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL |
| 629 | NECESSARY SERVICING, REPAIR OR CORRECTION. |
| 630 | |
| 631 | 12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN |
| 632 | WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY |
| 633 | AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR |
| 634 | DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL |
| 635 | DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM |
| 636 | (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED |
| 637 | INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF |
| 638 | THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR |
| 639 | OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 640 | |
| 641 | END OF TERMS AND CONDITIONS |
| 642 | |
| 643 | How to Apply These Terms to Your New Programs |
| 644 | |
| 645 | If you develop a new program, and you want it to be of the greatest |
| 646 | possible use to the public, the best way to achieve this is to make it |
| 647 | free software which everyone can redistribute and change under these terms. |
| 648 | |
| 649 | To do so, attach the following notices to the program. It is safest to |
| 650 | attach them to the start of each source file to most effectively convey |
| 651 | the exclusion of warranty; and each file should have at least the |
| 652 | "copyright" line and a pointer to where the full notice is found. |
| 653 | |
| 654 | One line to give the program's name and a brief idea of what it does. |
| 655 | Copyright (C) <year> <name of author> |
| 656 | |
| 657 | This program is free software; you can redistribute it and/or modify |
| 658 | it under the terms of the GNU General Public License as published by |
| 659 | the Free Software Foundation; either version 2 of the License, or |
| 660 | (at your option) any later version. |
| 661 | |
| 662 | This program is distributed in the hope that it will be useful, but |
| 663 | WITHOUT ANY WARRANTY; without even the implied warranty of |
| 664 | MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU |
| 665 | General Public License for more details. |
| 666 | |
| 667 | You should have received a copy of the GNU General Public License |
| 668 | along with this program; if not, write to the Free Software |
| 669 | Foundation, Inc., 51 Franklin Street, Fifth Floor, Boston, MA 02110-1335 USA |
| 670 | |
| 671 | Also add information on how to contact you by electronic and paper mail. |
| 672 | |
| 673 | If the program is interactive, make it output a short notice like this |
| 674 | when it starts in an interactive mode: |
| 675 | |
| 676 | Gnomovision version 69, Copyright (C) year name of author |
| 677 | Gnomovision comes with ABSOLUTELY NO WARRANTY; for details type |
| 678 | `show w'. This is free software, and you are welcome to redistribute |
| 679 | it under certain conditions; type `show c' for details. |
| 680 | |
| 681 | The hypothetical commands `show w' and `show c' should show the |
| 682 | appropriate parts of the General Public License. Of course, the commands |
| 683 | you use may be called something other than `show w' and `show c'; they |
| 684 | could even be mouse-clicks or menu items--whatever suits your program. |
| 685 | |
| 686 | You should also get your employer (if you work as a programmer) or your |
| 687 | school, if any, to sign a "copyright disclaimer" for the program, if |
| 688 | necessary. Here is a sample; alter the names: |
| 689 | |
| 690 | Yoyodyne, Inc., hereby disclaims all copyright interest in the |
| 691 | program `Gnomovision' (which makes passes at compilers) written by |
| 692 | James Hacker. |
| 693 | |
| 694 | signature of Ty Coon, 1 April 1989 |
| 695 | Ty Coon, President of Vice |
| 696 | |
| 697 | This General Public License does not permit incorporating your program |
| 698 | into proprietary programs. If your program is a subroutine library, you |
| 699 | may consider it more useful to permit linking proprietary applications |
| 700 | with the library. If this is what you want to do, use the GNU Library |
| 701 | General Public License instead of this License. |
| 702 | |
| 703 | # |
| 704 | |
| 705 | Certain source files distributed by Oracle America, Inc. and/or its |
| 706 | affiliates are subject to the following clarification and special |
| 707 | exception to the GPLv2, based on the GNU Project exception for its |
| 708 | Classpath libraries, known as the GNU Classpath Exception, but only |
| 709 | where Oracle has expressly included in the particular source file's |
| 710 | header the words "Oracle designates this particular file as subject to |
| 711 | the "Classpath" exception as provided by Oracle in the LICENSE file |
| 712 | that accompanied this code." |
| 713 | |
| 714 | You should also note that Oracle includes multiple, independent |
| 715 | programs in this software package. Some of those programs are provided |
| 716 | under licenses deemed incompatible with the GPLv2 by the Free Software |
| 717 | Foundation and others. For example, the package includes programs |
| 718 | licensed under the Apache License, Version 2.0. Such programs are |
| 719 | licensed to you under their original licenses. |
| 720 | |
| 721 | Oracle facilitates your further distribution of this package by adding |
| 722 | the Classpath Exception to the necessary parts of its GPLv2 code, which |
| 723 | permits you to use that code in combination with other independent |
| 724 | modules not licensed under the GPLv2. However, note that this would |
| 725 | not permit you to commingle code under an incompatible license with |
| 726 | Oracle's GPLv2 licensed code by, for example, cutting and pasting such |
| 727 | code into a file also containing Oracle's GPLv2 licensed code and then |
| 728 | distributing the result. Additionally, if you were to remove the |
| 729 | Classpath Exception from any of the files to which it applies and |
| 730 | distribute the result, you would likely be required to license some or |
| 731 | all of the other code in that distribution under the GPLv2 as well, and |
| 732 | since the GPLv2 is incompatible with the license terms of some items |
| 733 | included in the distribution by Oracle, removing the Classpath |
| 734 | Exception could therefore effectively compromise your ability to |
| 735 | further distribute the package. |
| 736 | |
| 737 | Proceed with caution and we recommend that you obtain the advice of a |
| 738 | lawyer skilled in open source matters before removing the Classpath |
| 739 | Exception or making modifications to this package which may |
| 740 | subsequently be redistributed and/or involve the use of third party |
| 741 | software. |
| 742 | |
| 743 | CLASSPATH EXCEPTION |
| 744 | Linking this library statically or dynamically with other modules is |
| 745 | making a combined work based on this library. Thus, the terms and |
| 746 | conditions of the GNU General Public License version 2 cover the whole |
| 747 | combination. |
| 748 | |
| 749 | As a special exception, the copyright holders of this library give you |
| 750 | permission to link this library with independent modules to produce an |
| 751 | executable, regardless of the license terms of these independent |
| 752 | modules, and to copy and distribute the resulting executable under |
| 753 | terms of your choice, provided that you also meet, for each linked |
| 754 | independent module, the terms and conditions of the license of that |
| 755 | module. An independent module is a module which is not derived from or |
| 756 | based on this library. If you modify this library, you may extend this |
| 757 | exception to your version of the library, but you are not obligated to |
| 758 | do so. If you do not wish to do so, delete this exception statement |
| 759 | from your version. |
| 760 | |