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Common Development and Distribution License 1.1 | Software Package Data Exchange (SPDX)
Common Development and Distribution License 1.1
Full name
Common Development and Distribution License 1.1
Short identifier
CDDL-1.1
Other web pages for this license
Notes
Same as 1.0, but changes name from Sun to Oracle in section 4.1 and adds patent infringement termination clause (section 6.3)
Text
COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL)
Version 1.1
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1.
Definitions.
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1.1.
"Contributor" means each individual or entity that creates or contributes to the
creation of Modifications.
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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.
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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.
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1.4.
"Executable" means the Covered Software in any form other than Source Code.
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1.5.
"Initial Developer" means the individual or entity that first makes Original
Software available under this License.
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1.6.
"Larger Work" means a work which combines Covered Software or portions thereof with
code not governed by the terms of this License.
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1.7.
"License" means this document.
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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.
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1.9.
"Modifications" means the Source Code and Executable form of any of the following:
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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;
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B.
Any new file that contains any part of the Original Software or previous Modification; or
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C.
Any new file that is contributed or otherwise made available under the terms of this License.
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1.10.
"Original Software" means the Source Code and Executable form of computer software
code that is originally released under this License.
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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.
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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.
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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.
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2.
License Grants.
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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:
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(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
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(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).
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(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.
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(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.
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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:
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(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
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(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).
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(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.
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(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.
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3.
Distribution Obligations.
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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.
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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.
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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.
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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.
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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.
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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.
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4.
Versions of the License.
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4.1.
New Versions.
Oracle 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.
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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.
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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.
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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.
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6.
TERMINATION.
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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.
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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.
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6.3.
If You assert a patent infringement claim against Participant alleging that the Participant
Software directly or indirectly infringes any patent where such claim is resolved (such as by
license or settlement) prior to the initiation of patent infringement litigation, then the
reasonable value of the licenses granted by such Participant under Sections 2.1 or 2.2 shall
be taken into account in determining the amount or value of any payment or license.
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6.4.
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.
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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 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.
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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.
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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.
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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.
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