VirtualBox

source: vbox/trunk/src/VBox/ExtPacks/VBoxDTrace/COPYING@ 103131

Last change on this file since 103131 was 53634, checked in by vboxsync, 10 years ago

VBoxDTrace: Imported dtrace bits from opensolaris onnv mercurial: id=b23a4dab3d50 num=13149 tag=tip

  • Property svn:eol-style set to native
File size: 18.1 KB
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1The ExtPacks/VBoxDTrace sources are licensed under the Common Development
2and Distribution License, Version 1.0 (CDDL), as shown below.
3
4---
5
6
7COMMON DEVELOPMENT AND DISTRIBUTION LICENSE Version 1.0
8
91. Definitions.
10
11 1.1. "Contributor" means each individual or entity that creates
12 or contributes to the creation of Modifications.
13
14 1.2. "Contributor Version" means the combination of the Original
15 Software, prior Modifications used by a Contributor (if any),
16 and the Modifications made by that particular Contributor.
17
18 1.3. "Covered Software" means (a) the Original Software, or (b)
19 Modifications, or (c) the combination of files containing
20 Original Software with files containing Modifications, in
21 each case including portions thereof.
22
23 1.4. "Executable" means the Covered Software in any form other
24 than Source Code.
25
26 1.5. "Initial Developer" means the individual or entity that first
27 makes Original Software available under this License.
28
29 1.6. "Larger Work" means a work which combines Covered Software or
30 portions thereof with code not governed by the terms of this
31 License.
32
33 1.7. "License" means this document.
34
35 1.8. "Licensable" means having the right to grant, to the maximum
36 extent possible, whether at the time of the initial grant or
37 subsequently acquired, any and all of the rights conveyed
38 herein.
39
40 1.9. "Modifications" means the Source Code and Executable form of
41 any of the following:
42
43 A. Any file that results from an addition to, deletion from or
44 modification of the contents of a file containing Original
45 Software or previous Modifications;
46
47 B. Any new file that contains any part of the Original
48 Software or previous Modifications; or
49
50 C. Any new file that is contributed or otherwise made
51 available under the terms of this License.
52
53 1.10. "Original Software" means the Source Code and Executable
54 form of computer software code that is originally released
55 under this License.
56
57 1.11. "Patent Claims" means any patent claim(s), now owned or
58 hereafter acquired, including without limitation, method,
59 process, and apparatus claims, in any patent Licensable by
60 grantor.
61
62 1.12. "Source Code" means (a) the common form of computer software
63 code in which modifications are made and (b) associated
64 documentation included in or with such code.
65
66 1.13. "You" (or "Your") means an individual or a legal entity
67 exercising rights under, and complying with all of the terms
68 of, this License. For legal entities, "You" includes any
69 entity which controls, is controlled by, or is under common
70 control with You. For purposes of this definition,
71 "control" means (a) the power, direct or indirect, to cause
72 the direction or management of such entity, whether by
73 contract or otherwise, or (b) ownership of more than fifty
74 percent (50%) of the outstanding shares or beneficial
75 ownership of such entity.
76
772. License Grants.
78
79 2.1. The Initial Developer Grant.
80
81 Conditioned upon Your compliance with Section 3.1 below and
82 subject to third party intellectual property claims, the Initial
83 Developer hereby grants You a world-wide, royalty-free,
84 non-exclusive license:
85
86 (a) under intellectual property rights (other than patent or
87 trademark) Licensable by Initial Developer, to use,
88 reproduce, modify, display, perform, sublicense and
89 distribute the Original Software (or portions thereof),
90 with or without Modifications, and/or as part of a Larger
91 Work; and
92
93 (b) under Patent Claims infringed by the making, using or
94 selling of Original Software, to make, have made, use,
95 practice, sell, and offer for sale, and/or otherwise
96 dispose of the Original Software (or portions thereof).
97
98 (c) The licenses granted in Sections 2.1(a) and (b) are
99 effective on the date Initial Developer first distributes
100 or otherwise makes the Original Software available to a
101 third party under the terms of this License.
102
103 (d) Notwithstanding Section 2.1(b) above, no patent license is
104 granted: (1) for code that You delete from the Original
105 Software, or (2) for infringements caused by: (i) the
106 modification of the Original Software, or (ii) the
107 combination of the Original Software with other software
108 or devices.
109
110 2.2. Contributor Grant.
111
112 Conditioned upon Your compliance with Section 3.1 below and
113 subject to third party intellectual property claims, each
114 Contributor hereby grants You a world-wide, royalty-free,
115 non-exclusive license:
116
117 (a) under intellectual property rights (other than patent or
118 trademark) Licensable by Contributor to use, reproduce,
119 modify, display, perform, sublicense and distribute the
120 Modifications created by such Contributor (or portions
121 thereof), either on an unmodified basis, with other
122 Modifications, as Covered Software and/or as part of a
123 Larger Work; and
124
125 (b) under Patent Claims infringed by the making, using, or
126 selling of Modifications made by that Contributor either
127 alone and/or in combination with its Contributor Version
128 (or portions of such combination), to make, use, sell,
129 offer for sale, have made, and/or otherwise dispose of:
130 (1) Modifications made by that Contributor (or portions
131 thereof); and (2) the combination of Modifications made by
132 that Contributor with its Contributor Version (or portions
133 of such combination).
134
135 (c) The licenses granted in Sections 2.2(a) and 2.2(b) are
136 effective on the date Contributor first distributes or
137 otherwise makes the Modifications available to a third
138 party.
139
140 (d) Notwithstanding Section 2.2(b) above, no patent license is
141 granted: (1) for any code that Contributor has deleted
142 from the Contributor Version; (2) for infringements caused
143 by: (i) third party modifications of Contributor Version,
144 or (ii) the combination of Modifications made by that
145 Contributor with other software (except as part of the
146 Contributor Version) or other devices; or (3) under Patent
147 Claims infringed by Covered Software in the absence of
148 Modifications made by that Contributor.
149
1503. Distribution Obligations.
151
152 3.1. Availability of Source Code.
153
154 Any Covered Software that You distribute or otherwise make
155 available in Executable form must also be made available in Source
156 Code form and that Source Code form must be distributed only under
157 the terms of this License. You must include a copy of this
158 License with every copy of the Source Code form of the Covered
159 Software You distribute or otherwise make available. You must
160 inform recipients of any such Covered Software in Executable form
161 as to how they can obtain such Covered Software in Source Code
162 form in a reasonable manner on or through a medium customarily
163 used for software exchange.
164
165 3.2. Modifications.
166
167 The Modifications that You create or to which You contribute are
168 governed by the terms of this License. You represent that You
169 believe Your Modifications are Your original creation(s) and/or
170 You have sufficient rights to grant the rights conveyed by this
171 License.
172
173 3.3. Required Notices.
174
175 You must include a notice in each of Your Modifications that
176 identifies You as the Contributor of the Modification. You may
177 not remove or alter any copyright, patent or trademark notices
178 contained within the Covered Software, or any notices of licensing
179 or any descriptive text giving attribution to any Contributor or
180 the Initial Developer.
181
182 3.4. Application of Additional Terms.
183
184 You may not offer or impose any terms on any Covered Software in
185 Source Code form that alters or restricts the applicable version
186 of this License or the recipients' rights hereunder. You may
187 choose to offer, and to charge a fee for, warranty, support,
188 indemnity or liability obligations to one or more recipients of
189 Covered Software. However, you may do so only on Your own behalf,
190 and not on behalf of the Initial Developer or any Contributor.
191 You must make it absolutely clear that any such warranty, support,
192 indemnity or liability obligation is offered by You alone, and You
193 hereby agree to indemnify the Initial Developer and every
194 Contributor for any liability incurred by the Initial Developer or
195 such Contributor as a result of warranty, support, indemnity or
196 liability terms You offer.
197
198 3.5. Distribution of Executable Versions.
199
200 You may distribute the Executable form of the Covered Software
201 under the terms of this License or under the terms of a license of
202 Your choice, which may contain terms different from this License,
203 provided that You are in compliance with the terms of this License
204 and that the license for the Executable form does not attempt to
205 limit or alter the recipient's rights in the Source Code form from
206 the rights set forth in this License. If You distribute the
207 Covered Software in Executable form under a different license, You
208 must make it absolutely clear that any terms which differ from
209 this License are offered by You alone, not by the Initial
210 Developer or Contributor. You hereby agree to indemnify the
211 Initial Developer and every Contributor for any liability incurred
212 by the Initial Developer or such Contributor as a result of any
213 such terms You offer.
214
215 3.6. Larger Works.
216
217 You may create a Larger Work by combining Covered Software with
218 other code not governed by the terms of this License and
219 distribute the Larger Work as a single product. In such a case,
220 You must make sure the requirements of this License are fulfilled
221 for the Covered Software.
222
2234. Versions of the License.
224
225 4.1. New Versions.
226
227 Sun Microsystems, Inc. is the initial license steward and may
228 publish revised and/or new versions of this License from time to
229 time. Each version will be given a distinguishing version number.
230 Except as provided in Section 4.3, no one other than the license
231 steward has the right to modify this License.
232
233 4.2. Effect of New Versions.
234
235 You may always continue to use, distribute or otherwise make the
236 Covered Software available under the terms of the version of the
237 License under which You originally received the Covered Software.
238 If the Initial Developer includes a notice in the Original
239 Software prohibiting it from being distributed or otherwise made
240 available under any subsequent version of the License, You must
241 distribute and make the Covered Software available under the terms
242 of the version of the License under which You originally received
243 the Covered Software. Otherwise, You may also choose to use,
244 distribute or otherwise make the Covered Software available under
245 the terms of any subsequent version of the License published by
246 the license steward.
247
248 4.3. Modified Versions.
249
250 When You are an Initial Developer and You want to create a new
251 license for Your Original Software, You may create and use a
252 modified version of this License if You: (a) rename the license
253 and remove any references to the name of the license steward
254 (except to note that the license differs from this License); and
255 (b) otherwise make it clear that the license contains terms which
256 differ from this License.
257
2585. DISCLAIMER OF WARRANTY.
259
260 COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
261 BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
262 INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED
263 SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR
264 PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND
265 PERFORMANCE OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY
266 COVERED SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT THE
267 INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) ASSUME THE COST OF ANY
268 NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF
269 WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF
270 ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS
271 DISCLAIMER.
272
2736. TERMINATION.
274
275 6.1. This License and the rights granted hereunder will terminate
276 automatically if You fail to comply with terms herein and fail to
277 cure such breach within 30 days of becoming aware of the breach.
278 Provisions which, by their nature, must remain in effect beyond
279 the termination of this License shall survive.
280
281 6.2. If You assert a patent infringement claim (excluding
282 declaratory judgment actions) against Initial Developer or a
283 Contributor (the Initial Developer or Contributor against whom You
284 assert such claim is referred to as "Participant") alleging that
285 the Participant Software (meaning the Contributor Version where
286 the Participant is a Contributor or the Original Software where
287 the Participant is the Initial Developer) directly or indirectly
288 infringes any patent, then any and all rights granted directly or
289 indirectly to You by such Participant, the Initial Developer (if
290 the Initial Developer is not the Participant) and all Contributors
291 under Sections 2.1 and/or 2.2 of this License shall, upon 60 days
292 notice from Participant terminate prospectively and automatically
293 at the expiration of such 60 day notice period, unless if within
294 such 60 day period You withdraw Your claim with respect to the
295 Participant Software against such Participant either unilaterally
296 or pursuant to a written agreement with Participant.
297
298 6.3. In the event of termination under Sections 6.1 or 6.2 above,
299 all end user licenses that have been validly granted by You or any
300 distributor hereunder prior to termination (excluding licenses
301 granted to You by any distributor) shall survive termination.
302
3037. LIMITATION OF LIABILITY.
304
305 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
306 (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE
307 INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF
308 COVERED SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE
309 LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
310 CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
311 LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
312 STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER
313 COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN
314 INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF
315 LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL
316 INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT
317 APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO
318 NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
319 CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT
320 APPLY TO YOU.
321
3228. U.S. GOVERNMENT END USERS.
323
324 The Covered Software is a "commercial item," as that term is
325 defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial
326 computer software" (as that term is defined at 48
327 C.F.R. 252.227-7014(a)(1)) and "commercial computer software
328 documentation" as such terms are used in 48 C.F.R. 12.212
329 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48
330 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all
331 U.S. Government End Users acquire Covered Software with only those
332 rights set forth herein. This U.S. Government Rights clause is in
333 lieu of, and supersedes, any other FAR, DFAR, or other clause or
334 provision that addresses Government rights in computer software
335 under this License.
336
3379. MISCELLANEOUS.
338
339 This License represents the complete agreement concerning subject
340 matter hereof. If any provision of this License is held to be
341 unenforceable, such provision shall be reformed only to the extent
342 necessary to make it enforceable. This License shall be governed
343 by the law of the jurisdiction specified in a notice contained
344 within the Original Software (except to the extent applicable law,
345 if any, provides otherwise), excluding such jurisdiction's
346 conflict-of-law provisions. Any litigation relating to this
347 License shall be subject to the jurisdiction of the courts located
348 in the jurisdiction and venue specified in a notice contained
349 within the Original Software, with the losing party responsible
350 for costs, including, without limitation, court costs and
351 reasonable attorneys' fees and expenses. The application of the
352 United Nations Convention on Contracts for the International Sale
353 of Goods is expressly excluded. Any law or regulation which
354 provides that the language of a contract shall be construed
355 against the drafter shall not apply to this License. You agree
356 that You alone are responsible for compliance with the United
357 States export administration regulations (and the export control
358 laws and regulation of any other countries) when You use,
359 distribute or otherwise make available any Covered Software.
360
36110. RESPONSIBILITY FOR CLAIMS.
362
363 As between Initial Developer and the Contributors, each party is
364 responsible for claims and damages arising, directly or
365 indirectly, out of its utilization of rights under this License
366 and You agree to work with Initial Developer and Contributors to
367 distribute such responsibility on an equitable basis. Nothing
368 herein is intended or shall be deemed to constitute any admission
369 of liability.
370
371--------------------------------------------------------------------
372
373NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND
374DISTRIBUTION LICENSE (CDDL)
375
376For Covered Software in this distribution, this License shall be
377governed by the laws of Germany. Legal venue shall be Stuttgart,
378Germany.
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