VirtualBox

source: vbox/trunk/COPYING.CDDL@ 96272

Last change on this file since 96272 was 96272, checked in by vboxsync, 2 years ago

COPYING.CDDL: Standardize, use default Sun/Oracle legal venue.

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1Some source files in the VirtualBox Open Source Edition (OSE) are
2dual-licensed under both the GNU General Public License V2.0 (GPL2, see
3the COPYING file) and the Common Development and Distribution License,
4Version 1.0 (CDDL), as shown below. This applies only to source files
5where this dual-licensing is explicitly worded in the file's header.
6
7---
8
9
10COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
11
121. Definitions.
13
14 1.1. "Contributor" means each individual or entity that creates
15 or contributes to the creation of Modifications.
16
17 1.2. "Contributor Version" means the combination of the Original
18 Software, prior Modifications used by a Contributor (if any),
19 and the Modifications made by that particular Contributor.
20
21 1.3. "Covered Software" means (a) the Original Software, or (b)
22 Modifications, or (c) the combination of files containing
23 Original Software with files containing Modifications, in
24 each case including portions thereof.
25
26 1.4. "Executable" means the Covered Software in any form other
27 than Source Code.
28
29 1.5. "Initial Developer" means the individual or entity that first
30 makes Original Software available under this License.
31
32 1.6. "Larger Work" means a work which combines Covered Software or
33 portions thereof with code not governed by the terms of this
34 License.
35
36 1.7. "License" means this document.
37
38 1.8. "Licensable" means having the right to grant, to the maximum
39 extent possible, whether at the time of the initial grant or
40 subsequently acquired, any and all of the rights conveyed
41 herein.
42
43 1.9. "Modifications" means the Source Code and Executable form of
44 any of the following:
45
46 A. Any file that results from an addition to, deletion from or
47 modification of the contents of a file containing Original
48 Software or previous Modifications;
49
50 B. Any new file that contains any part of the Original
51 Software or previous Modifications; or
52
53 C. Any new file that is contributed or otherwise made
54 available under the terms of this License.
55
56 1.10. "Original Software" means the Source Code and Executable
57 form of computer software code that is originally released
58 under this License.
59
60 1.11. "Patent Claims" means any patent claim(s), now owned or
61 hereafter acquired, including without limitation, method,
62 process, and apparatus claims, in any patent Licensable by
63 grantor.
64
65 1.12. "Source Code" means (a) the common form of computer software
66 code in which modifications are made and (b) associated
67 documentation included in or with such code.
68
69 1.13. "You" (or "Your") means an individual or a legal entity
70 exercising rights under, and complying with all of the terms
71 of, this License. For legal entities, "You" includes any
72 entity which controls, is controlled by, or is under common
73 control with You. For purposes of this definition,
74 "control" means (a) the power, direct or indirect, to cause
75 the direction or management of such entity, whether by
76 contract or otherwise, or (b) ownership of more than fifty
77 percent (50%) of the outstanding shares or beneficial
78 ownership of such entity.
79
802. License Grants.
81
82 2.1. The Initial Developer Grant.
83
84 Conditioned upon Your compliance with Section 3.1 below and
85 subject to third party intellectual property claims, the Initial
86 Developer hereby grants You a world-wide, royalty-free,
87 non-exclusive license:
88
89 (a) under intellectual property rights (other than patent or
90 trademark) Licensable by Initial Developer, to use,
91 reproduce, modify, display, perform, sublicense and
92 distribute the Original Software (or portions thereof),
93 with or without Modifications, and/or as part of a Larger
94 Work; and
95
96 (b) under Patent Claims infringed by the making, using or
97 selling of Original Software, to make, have made, use,
98 practice, sell, and offer for sale, and/or otherwise
99 dispose of the Original Software (or portions thereof).
100
101 (c) The licenses granted in Sections 2.1(a) and (b) are
102 effective on the date Initial Developer first distributes
103 or otherwise makes the Original Software available to a
104 third party under the terms of this License.
105
106 (d) Notwithstanding Section 2.1(b) above, no patent license is
107 granted: (1) for code that You delete from the Original
108 Software, or (2) for infringements caused by: (i) the
109 modification of the Original Software, or (ii) the
110 combination of the Original Software with other software
111 or devices.
112
113 2.2. Contributor Grant.
114
115 Conditioned upon Your compliance with Section 3.1 below and
116 subject to third party intellectual property claims, each
117 Contributor hereby grants You a world-wide, royalty-free,
118 non-exclusive license:
119
120 (a) under intellectual property rights (other than patent or
121 trademark) Licensable by Contributor to use, reproduce,
122 modify, display, perform, sublicense and distribute the
123 Modifications created by such Contributor (or portions
124 thereof), either on an unmodified basis, with other
125 Modifications, as Covered Software and/or as part of a
126 Larger Work; and
127
128 (b) under Patent Claims infringed by the making, using, or
129 selling of Modifications made by that Contributor either
130 alone and/or in combination with its Contributor Version
131 (or portions of such combination), to make, use, sell,
132 offer for sale, have made, and/or otherwise dispose of:
133 (1) Modifications made by that Contributor (or portions
134 thereof); and (2) the combination of Modifications made by
135 that Contributor with its Contributor Version (or portions
136 of such combination).
137
138 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
139 effective on the date Contributor first distributes or
140 otherwise makes the Modifications available to a third
141 party.
142
143 (d) Notwithstanding Section 2.2(b) above, no patent license is
144 granted: (1) for any code that Contributor has deleted
145 from the Contributor Version; (2) for infringements caused
146 by: (i) third party modifications of Contributor Version,
147 or (ii) the combination of Modifications made by that
148 Contributor with other software (except as part of the
149 Contributor Version) or other devices; or (3) under Patent
150 Claims infringed by Covered Software in the absence of
151 Modifications made by that Contributor.
152
1533. Distribution Obligations.
154
155 3.1. Availability of Source Code.
156
157 Any Covered Software that You distribute or otherwise make
158 available in Executable form must also be made available in Source
159 Code form and that Source Code form must be distributed only under
160 the terms of this License. You must include a copy of this
161 License with every copy of the Source Code form of the Covered
162 Software You distribute or otherwise make available. You must
163 inform recipients of any such Covered Software in Executable form
164 as to how they can obtain such Covered Software in Source Code
165 form in a reasonable manner on or through a medium customarily
166 used for software exchange.
167
168 3.2. Modifications.
169
170 The Modifications that You create or to which You contribute are
171 governed by the terms of this License. You represent that You
172 believe Your Modifications are Your original creation(s) and/or
173 You have sufficient rights to grant the rights conveyed by this
174 License.
175
176 3.3. Required Notices.
177
178 You must include a notice in each of Your Modifications that
179 identifies You as the Contributor of the Modification. You may
180 not remove or alter any copyright, patent or trademark notices
181 contained within the Covered Software, or any notices of licensing
182 or any descriptive text giving attribution to any Contributor or
183 the Initial Developer.
184
185 3.4. Application of Additional Terms.
186
187 You may not offer or impose any terms on any Covered Software in
188 Source Code form that alters or restricts the applicable version
189 of this License or the recipients' rights hereunder. You may
190 choose to offer, and to charge a fee for, warranty, support,
191 indemnity or liability obligations to one or more recipients of
192 Covered Software. However, you may do so only on Your own behalf,
193 and not on behalf of the Initial Developer or any Contributor.
194 You must make it absolutely clear that any such warranty, support,
195 indemnity or liability obligation is offered by You alone, and You
196 hereby agree to indemnify the Initial Developer and every
197 Contributor for any liability incurred by the Initial Developer or
198 such Contributor as a result of warranty, support, indemnity or
199 liability terms You offer.
200
201 3.5. Distribution of Executable Versions.
202
203 You may distribute the Executable form of the Covered Software
204 under the terms of this License or under the terms of a license of
205 Your choice, which may contain terms different from this License,
206 provided that You are in compliance with the terms of this License
207 and that the license for the Executable form does not attempt to
208 limit or alter the recipient's rights in the Source Code form from
209 the rights set forth in this License. If You distribute the
210 Covered Software in Executable form under a different license, You
211 must make it absolutely clear that any terms which differ from
212 this License are offered by You alone, not by the Initial
213 Developer or Contributor. You hereby agree to indemnify the
214 Initial Developer and every Contributor for any liability incurred
215 by the Initial Developer or such Contributor as a result of any
216 such terms You offer.
217
218 3.6. Larger Works.
219
220 You may create a Larger Work by combining Covered Software with
221 other code not governed by the terms of this License and
222 distribute the Larger Work as a single product. In such a case,
223 You must make sure the requirements of this License are fulfilled
224 for the Covered Software.
225
2264. Versions of the License.
227
228 4.1. New Versions.
229
230 Sun Microsystems, Inc. is the initial license steward and may
231 publish revised and/or new versions of this License from time to
232 time. Each version will be given a distinguishing version number.
233 Except as provided in Section 4.3, no one other than the license
234 steward has the right to modify this License.
235
236 4.2. Effect of New Versions.
237
238 You may always continue to use, distribute or otherwise make the
239 Covered Software available under the terms of the version of the
240 License under which You originally received the Covered Software.
241 If the Initial Developer includes a notice in the Original
242 Software prohibiting it from being distributed or otherwise made
243 available under any subsequent version of the License, You must
244 distribute and make the Covered Software available under the terms
245 of the version of the License under which You originally received
246 the Covered Software. Otherwise, You may also choose to use,
247 distribute or otherwise make the Covered Software available under
248 the terms of any subsequent version of the License published by
249 the license steward.
250
251 4.3. Modified Versions.
252
253 When You are an Initial Developer and You want to create a new
254 license for Your Original Software, You may create and use a
255 modified version of this License if You: (a) rename the license
256 and remove any references to the name of the license steward
257 (except to note that the license differs from this License); and
258 (b) otherwise make it clear that the license contains terms which
259 differ from this License.
260
2615. DISCLAIMER OF WARRANTY.
262
263 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
264 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
265 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
266 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
267 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
268 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
269 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
270 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
271 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
272 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
273 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
274 DISCLAIMER.
275
2766. TERMINATION.
277
278 6.1. This License and the rights granted hereunder will terminate
279 automatically if You fail to comply with terms herein and fail to
280 cure such breach within 30 days of becoming aware of the breach.
281 Provisions which, by their nature, must remain in effect beyond
282 the termination of this License shall survive.
283
284 6.2. If You assert a patent infringement claim (excluding
285 declaratory judgment actions) against Initial Developer or a
286 Contributor (the Initial Developer or Contributor against whom You
287 assert such claim is referred to as "Participant") alleging that
288 the Participant Software (meaning the Contributor Version where
289 the Participant is a Contributor or the Original Software where
290 the Participant is the Initial Developer) directly or indirectly
291 infringes any patent, then any and all rights granted directly or
292 indirectly to You by such Participant, the Initial Developer (if
293 the Initial Developer is not the Participant) and all Contributors
294 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
295 notice from Participant terminate prospectively and automatically
296 at the expiration of such 60 day notice period, unless if within
297 such 60 day period You withdraw Your claim with respect to the
298 Participant Software against such Participant either unilaterally
299 or pursuant to a written agreement with Participant.
300
301 6.3. In the event of termination under Sections 6.1 or 6.2 above,
302 all end user licenses that have been validly granted by You or any
303 distributor hereunder prior to termination (excluding licenses
304 granted to You by any distributor) shall survive termination.
305
3067. LIMITATION OF LIABILITY.
307
308 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
309 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
310 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
311 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
312 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
313 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
314 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
315 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
316 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
317 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
318 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
319 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
320 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
321 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
322 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
323 APPLY TO YOU.
324
3258. U.S. GOVERNMENT END USERS.
326
327 The Covered Software is a "commercial item," as that term is
328 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
329 computer software" (as that term is defined at 48
330 C.F.R. 252.227-7014(a)(1)) and "commercial computer software
331 documentation" as such terms are used in 48 C.F.R. 12.212
332 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
333 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
334 U.S. Government End Users acquire Covered Software with only those
335 rights set forth herein. This U.S. Government Rights clause is in
336 lieu of, and supersedes, any other FAR, DFAR, or other clause or
337 provision that addresses Government rights in computer software
338 under this License.
339
3409. MISCELLANEOUS.
341
342 This License represents the complete agreement concerning subject
343 matter hereof. If any provision of this License is held to be
344 unenforceable, such provision shall be reformed only to the extent
345 necessary to make it enforceable. This License shall be governed
346 by the law of the jurisdiction specified in a notice contained
347 within the Original Software (except to the extent applicable law,
348 if any, provides otherwise), excluding such jurisdiction's
349 conflict-of-law provisions. Any litigation relating to this
350 License shall be subject to the jurisdiction of the courts located
351 in the jurisdiction and venue specified in a notice contained
352 within the Original Software, with the losing party responsible
353 for costs, including, without limitation, court costs and
354 reasonable attorneys' fees and expenses. The application of the
355 United Nations Convention on Contracts for the International Sale
356 of Goods is expressly excluded. Any law or regulation which
357 provides that the language of a contract shall be construed
358 against the drafter shall not apply to this License. You agree
359 that You alone are responsible for compliance with the United
360 States export administration regulations (and the export control
361 laws and regulation of any other countries) when You use,
362 distribute or otherwise make available any Covered Software.
363
36410. RESPONSIBILITY FOR CLAIMS.
365
366 As between Initial Developer and the Contributors, each party is
367 responsible for claims and damages arising, directly or
368 indirectly, out of its utilization of rights under this License
369 and You agree to work with Initial Developer and Contributors to
370 distribute such responsibility on an equitable basis. Nothing
371 herein is intended or shall be deemed to constitute any admission
372 of liability.
373
374--------------------------------------------------------------------
375
376NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
377DISTRIBUTION LICENSE (CDDL)
378
379For Covered Software in this distribution, this License shall
380be governed by the laws of the State of California (excluding
381conflict-of-law provisions).
382
383Any litigation relating to this License shall be subject to the
384jurisdiction of the Federal Courts of the Northern District of
385California and the state courts of the State of California, with
386venue lying in Santa Clara County, California.
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